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Do Bankruptcies Show Up on Background Checks?,"Many job applications today require background checks. If you’re one of the more than 500,000 Americans who have declared bankruptcy in the last year, you may be nervous about what a background check may reveal. You might also be asking, Do bankruptcies show up on background checks? If you’ve previously struggled with financial issues and filed for bankruptcy, then you’re likely concerned about how this may impact your employment prospects. Our guide below will tell you what you need to know about bankruptcies and background checks. There are several different kinds of background checks, such as civil court checks, criminal background checks, employment background checks, and federal bankruptcy checks. Depending on why you are having a check run on you, a prospective employer, landlord, creditor, or other party will choose which type of background check to run and may have access to different information based on that choice. It’s important to realize that, now that so many databases are linked, information that used to be requested separately can sometimes show up on any background check. State and federal laws regulate information that shows up on background checks. Legally, only certain information is supposed to appear on civil court background checks. Civil court background checks are intended to reveal any civil records pulled from the local or federal level. Claims in a person’s history that may be revealed by civil background checks include family law matters, divorce, estate disputes, personal injury issues, and even car accidents. Bankruptcies should not show up on civil court background checks. So, do bankruptcies show up on background checks of an individual’s criminal record? The answer is no. Criminal background checks shouldn’t reveal bankruptcies, as filing a bankruptcy is not a crime, and bankruptcies are not filed in any criminal court. Employment checks verify what type of past employment you have held. Past employers may be contacted and interviewed about your work ethic and performance, and dates and position titles may be verified. This type of background check will not reveal a bankruptcy. Some employers or other parties like loan officers may run credit checks on you (with permission). A credit check will show your bankruptcy history, as will information about any discharged debts as a result of the filing. Bankruptcy may appear on a federal bankruptcy search, which will gather information from bankruptcy courts for filings like Chapter 7, Chapter 11, and Chapter 13 bankruptcies going back no more than 10 years, as detailed under the Fair Credit Reporting Act. Federal bankruptcy reports can reveal the: The good news is that, according to federal law, government employers may not discriminate against anyone who has filed for bankruptcy. This means that prospective employers in the federal, state, and local governments can’t refuse to hire someone simply because they filed for bankruptcy. However, private employers are permitted to factor bankruptcies into hiring decisions, which means that some applicants who have filed for bankruptcy in the past may have issues pursuing employment with private companies. If you have any questions about what information an employer is looking for on a background check, it’s a good idea to ask when completing the application. You can take advantage of this opportunity to discuss anything negative that might appear on your background check. It’s to your advantage to be straightforward with an employer about any blemishes on your record, including bankruptcy. Doing so shows that you’re taking responsibility for your actions. When do bankruptcies show up on background checks and raise flags with prospective employers? A bankruptcy filing is most likely to be of concern to employers for a job that involves direct, easy access to finances and financial information, such as bookkeeping, accounting, and payroll services. Although bankruptcies are unlikely to show up on background checks conducted by employers, they have an interest in trusting their employees to act responsibly in high-stakes financial positions. If a federal bankruptcy search shows that a job applicant has filed for bankruptcy within the past decade, the employer may be concerned about the applicant’s suitability for a position involving sensitive financial transactions. Whether bankruptcies show up on background checks may not matter if you’re already employed. The good news is that employers can’t fire you simply because you’ve filed for bankruptcy, nor can they reduce salaries, demote employees, or remove employee responsibilities based on bankruptcy status. Although the criminal and civil check should not reveal your bankruptcy status, prospective employers may still have access to the information via a federal bankruptcy check and, depending on the type of job you’re applying for, may use this information when weighing your employment application. Chapter 7 bankruptcies will remain in your record for ten years, while chapter 13 bankruptcy will remain for seven years. Generally speaking, employers do need consent from you to run background checks, but some information about you may be available via public record without consent. If you feel a prospective employer or other party violated your privacy while running a background check on you, you should consult with a lawyer right away to assess whether a violation has occurred. For clear answers to questions like, Do bankruptcies show up on background checks? Consider requesting a free legal review with an experienced lawyer so they can give personalized advice on securing employment, regardless of your bankruptcy status. "
Product Liability: Do You Have a Case?,"Have you ever been injured because the product you were using didn’t function the way it was supposed to? You may have needed a “product liability” lawyer. This area of the law involves liability on the part of a manufacturer or seller for harm caused by defective products. Product liability is a legal practice area devoted to obtaining compensation for victims from the manufacturers and suppliers of products which are designed, manufactured, or marketed defectively. It falls under “tort” or personal injury law. These cases are brought under state laws and are subject to ‘statutes of limitations,’ meaning you have to file the lawsuit within a certain amount of time after the injury occurs (or was first discovered). For example, few people would dispute the fact that lawnmowers are inherently dangerous machines, but they are used every day, often without incident. If designed, manufactured, and used properly, lawnmowers can be safe. However, shortcomings in one of those three areas can lead to injuries and lawsuits. Sometimes the defect that leads to damage has its root in the first step — design. Examples of defective designs include: If a product is designed and used properly, but still causes damage, the problem could be in faulty manufacturing. Examples of defective manufacturing include: Not everyone recognizes hazards right away, so manufacturers provide instructions and warning labels for potentially harmful products. The following are examples of products with inadequate warnings or instructions: In many states, manufacturers or others in the product chain are liable for defective products even if they acted reasonably — this is known as “strict liability.” The other theories of liability are ‘negligence,’ breach of ‘express warranty,’ and breach of ‘implied warranty.’ In a personal injury case, a plaintiff (the person who files the lawsuit) usually has to prove the defendant (the person being sued) was negligent at some point in the manufacturing process to be able to recover damages, or compensation. Where strict liability is in play, even manufacturers who exercised the utmost care and did not intend to deceive customers are held liable for injuries. The plaintiff still must prove defective design, manufacturing, or marketing; and that the shortcoming caused their injury. Some states, such as North Carolina, do not recognize strict liability in product liability actions. To continue using North Carolina as an example, its law says a plaintiff must prove the manufacturer or seller of the product at issue acted “unreasonably” at some point in the process to be held liable. In other words, there must have been negligence on the part of the party being sued. Proving negligence has four elements: North Carolina also recognizes breach of warranty as a theory of liability in some cases. “Express” warranties are written statements by the manufacturer promising the product will function a certain way. For example, say you purchase a deep fryer and the paperwork says it’s safe to fry a frozen turkey. If you’re injured when the frozen turkey causes the oil to splatter, your subsequent lawsuit may claim breach of that express warranty. Some warranties may be “implied,” meaning they’re not written and are based on reasonable expectations at the time of purchase. One type is the ‘implied warranty of merchantability,’ which means the product will perform in the same manner as similar products, and will not cause harm when used for the intended purpose. For example, if you buy a TV, you may assume it will not catch fire when left plugged into the wall, even if there is no written statement to that effect. An ‘implied warranty of fitness‘ is not a general warranty for all consumers — rather, the consumer asks a seller for a product that will fit their needs, and the seller makes a recommendation. For example, you may ask a dealer to recommend a breathing apparatus to protect you from chemical fumes. If the recommended mask only protects you from dust, and not fumes, that could be a breach of the implied warranty of fitness. Whether a claim is based upon an express or implied warranty, an injured party must prove the existence of a warranty, the failure of the product to conform to the terms of the warranty, and an injury caused by that failure. If a plaintiff is found to have acted unreasonably in the use of a product, usually it can be used against them in the lawsuit. The defendant can fight a strict liability claim using one or more other common defenses: For example, say you were injured by the blade of a table saw. If you removed the protective plate that prevents your hand from coming into contact with the blade, the defendant in your later lawsuit can claim you altered the product. Or, let’s assume you tried to pick up the table saw while it was running, resulting in injury. The defendant could claim you used the product in an unreasonably negligent way. Another example is if you noticed a bent blade or safety device that wouldn’t stay attached. If you continued to use the saw and were injured by that defect, you may not win your lawsuit. Manufacturers can purchase insurance which pays out if they are found liable in personal injury cases. Insurance can pay for the following (up to policy limits): Have you been injured by a defective product? Have your case assessed by a product liability attorney who can explain the laws in your state. "
Simple 1041 Tax Form Instructions,"If you’re an ‘executor‘ of an estate and wondering what to file with the IRS, you’ll probably want to add 1041 tax form instructions to your reading list. In most cases, executors will need to submit Form 1041 with the IRS, which covers income tax earnings after the owner’s death (referred to as the “decedent” from that point on) but before the ‘beneficiaries‘ are assigned the estate. Form 1041 is an IRS-required form that a beneficiary of a trust or estate must complete to declare any income. Specifically, this records any income that the beneficiary has received after the estate owner dies but before the beneficiary collects the assigned asset. This is not to be confused with Form 706 which is used for filing an estate tax return. An executor of an estate is required to file Form 1040 on behalf of the decedent as a final tax return. This is distinguishable from a Form 1041 which concerns income earned after the decedent’s passing. If you are legally declared the executor or ‘fiduciary‘ of an estate, you might also be obligated to file a Form 1041 for the decedent’s estate. The fiduciary of the trust or estate is obligated to file Form 1041 if the adjusted gross income of the underlying asset is greater than $600. They are required to report any income tax liability in addition to any losses or gains. They must file specific forms for the type of gains or losses that the asset has experienced since the decedent’s death. For example, Schedule D reports capital gains or losses while Schedule K-1 declares a beneficiary’s share of income gained. The estate is not required to pay for the earned income tax where that liability accrued after the decedent’s passing and the beneficiary’s interest had been distributed. Before the decedent’s death, based on the rules outlined in the 1041 tax form instructions, the estate is required to pay for the income tax earned. As such, if the beneficiary had been assigned the asset, they are responsible for paying the tax once they have received their share of the asset. Notably, every beneficiary will be given a Schedule K-1 Form 1041 which indicates the amount and type of income to report on their 1040. It is essential to note that the estate year may not coincide with the calendar year. Specifically, the estate year traditionally starts on the day of the decedent’s death and finishes on December 31st of the same year. An exception to this is when the executor requests that the year be counted as a ‘fiscal’ year. This enables the executor to count the year as starting from the date of the decedent’s death and ending on the last day of the month before the decedent’s one year anniversary of death. This gives the executor up to 12 months in which to file their taxes after the decedent has passed away. For example, Mark passed away on May 1 and his assets were transferred to his beneficiaries on November 15 of that year. Before the transfer, the assets added $2,000 in gains. Because this is more than the $600 exemption for filing, Mark’s executor is required to file a Form 1041. If a traditional filing year is chosen, the year begins from May 1 and ends on December 31 of the same year. If a fiscal year is preferred, then that begins on May 1 and ends on April 30 of the following year. This three-page form must be completed by the executor or administrator of the estate. Schedule G is used on the second page to tally the total amount due for taxes. The remainder of the tax form consists of charitable donation disclosures and what will be given to the beneficiaries. The deceased and their estate are two separate entities for tax purposes. As such, a separate tax identification number (TIN) is needed for the estate. Furthermore, for income tax purposes, an employer identification number (EIN) is required for the estate as well. This is what you will report in the general sections of a 1041 tax form: Taking on the role of executor comes with often unexpected new responsibilities, including how you file your taxes. If you need help with 1041 tax form instructions, speak to a professional today to learn your best options "
What Is a SCRAM Bracelet?,"You may have heard the term SCRAM bracelet or alcohol bracelet in relation to DUI. But what do those terms really mean? The term “SCRAM” stands for Secure Continuous Remote Alcohol Monitor. The bracelet is an alcohol monitoring device given to repeat DUI offenders who are court ordered to abstain from alcohol. The alcohol bracelets are actually worn on the ankle, and help law enforcement maintain court orders to keep high-risk defendants from drinking. However, there is some debate surrounding the reliability of the bracelets and whether their use violates defendants’ civil liberties. In some jurisdictions, a court may require a DUI offender to wear a SCRAM bracelet as part of a sentence compelling them to stop drinking alcohol. A judge may also order a defendant to wear a SCRAM bracelet as part of a ‘pretrial condition‘ or ‘post-conviction‘. In most cases, jurisdictions that use the DUI bracelet reserve orders for those with multiple DUI convictions and substance abuse disorders. When a judge determines a defendant is a repeat offender in an alcohol-related case, they might order use of a SCRAM bracelet to monitor the defendant’s blood alcohol content (BAC) prior to trial. In some cases, a judge may consider releasing the defendant from jail only if they wear the DUI bracelet while awaiting trial. Remember, our criminal justice system is founded on the idea that everyone is innocent until proven guilty. According to the U.S. Department of Justice, pretrial release helps navigate the waters between defendant’s rights and community safety concerns. Courts also use the bracelets for pretrial release in order to free up jail space. A judge may also order a high-risk defendant to wear a SCRAM bracelet as a condition of probation. If the defendant does not wear the bracelet, it would be considered a probation violation and the defendant could be sent back to jail. A court’s decision to order a defendant to wear a SCRAM bracelet depends on the state law where the defendant lives. Some states have debated the fairness of such a device and whether forcing a defendant to wear one is constitutional. For example, New York courts determined that defendants should pay for the ankle devices themselves and that it was legal to enforce a repeat offender wear one. Michigan has the largest SCRAM bracelet operation in the country. The state authorizes court orders when defendants are involved in a drunk driving incident involving death and have a blood alcohol content of 0.24 or greater. If a defendant’s blood alcohol level is 0.23 or less, they must wear the device for a minimum of six months. In contrast, North Dakota’s legislature debated the question, What Is a SCRAM Bracelet’s utility in curbing impaired driving? Currently, the state utilizes the device for both alcohol and drug related cases, in addition to cases involving domestic violence and child abuse or neglect. High-risk defendants in North Dakota must wear the bracelet for one year, and offenders who have four or more DUIs are monitored for a minimum of two years. SCRAM bracelets measure the amount of alcohol by analyzing a defendant’s perspiration. The bracelet has a sensor that detects the presence of alcohol released through the skin. Known as ‘transdermal‘ testing, the measurements are taken 24 hours a day in 30-minute intervals. Data from the measurement of the defendant’s alcohol level is stored and sent to a monitoring service provider. The provider will detect whether there is enough alcohol present to amount to a violation. If a violation is detected, the monitoring provider will alert the court, parole officer, or law enforcement. The alcohol bracelets are designed so that defendants can neither remove nor tamper with them. The sensors on the device will send an alert if the bracelet is tampered with. However, many people have attempted to circumvent the ankle monitor with creative methods, including: With technology comes expense, and one question often asked is, How much does a SCRAM bracelet cost? Defendants pay for the installation and monitoring of the bracelets and the price can quickly add up. Installation typically costs between $50 to $100, depending on where the defendant lives. Daily monitoring fees average around $15, so defendants may spend hundreds of dollars a month on their SCRAM bracelets. Because the devices are so expensive, courts will use the defendant’s income to determine the fee. Additionally, if a defendant is ‘indigent,’ the court may waive the fee and pay for the bracelet instead. Still wondering, What is a SCRAM bracelet? If you’ve been involved in a DUI you may want to speak with a criminal defense attorney to discuss your options. Reach out for a free case evaluation from an experienced defense attorney. "
Common Reasons Grandparents Can File for Custody of a Grandchild,"There are many reasons grandparents can file for custody of grandchildren. Sometimes, a parent is unfit to raise a child and a grandparent seeks to meet that child’s needs. Other times, a parent tragically passes away or becomes incapacitated due to illness or injury and a grandparent takes up the mantle of raising that parent’s child. Most of the time, grandparent custody is granted only out of necessity, especially if a grandparent is filing for custody over the objections of a child’s parent. The most straightforward reasons grandparents can file for custody of grandchild/grandchildren involve the death or incapacitation of a parent. Oftentimes, parents will name a grandparent as a child’s guardian in the event that both parents pass away. If one parent remains living, custody will likely go to the surviving parent. But if there is no other surviving parent, a grandparent may file for custody as a child’s next of kin. Another straightforward, although rare, scenario involves grandparents filing for custody after parents have given them the right to do so. Parents can voluntarily give up their parental rights. If both parents give up their rights, one parent is dead and the other gives up their rights, or one parent gives up their rights and the other parent’s whereabouts are unknown (and generally unknowable), a grandparent can file for custody. Grandparents may volunteer to assume temporary custody if Child Protective Services is investigating a child’s homelife and has determined that it is not in the child’s best interests to remain in the home during the investigation. This scenario is not one of the reasons grandparents can file for custody of grandchildren on a long-term basis unless a court rules that a parent is unfit. The U.S. Supreme Court has ruled that parents enjoy a fundamental right to direct the custody and care of their children under the 14th Amendment to the Constitution. This right often allows parents to keep their children away from grandparents, because parents generally have the right to dictate when their children may and may not associate with others. The Supreme Court has also ruled that the government can’t lawfully interfere with this fundamental right unless a child’s parent is proven to be “unfit” to raise them. If a parent has been proven unfit, a grandparent may petition for custody of a child who is no longer in a position to be raised by their unfit parent (provided that no other fit parent is available to assume full custody). A “fitness hearing” is usually separate from a final hearing concerning whether a parent should be stripped of their rights permanently. A grandparent can’t file for custody of a grandchild simply because they don’t like how the child is being raised. Each state employs a specific definition of what it means to be unfit to parent a child. Most of these definitions read much like Nevada’s, which insists that “any parent of a child who, by reason of the parent’s fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance, and support” is unfit to carry on these responsibilities. This broad definition protects children against objective instances of serious neglect or abuse. Examples of conduct that can lead a court to determine that a parent is unfit include: Additionally, convictions for some violent crimes, unmanageable mental illness, a history of unmanaged substance abuse, and other extreme circumstances may lead a court to classify a parent as unfit. If, as a result, they are stripped of their fundamental right to direct the custody and care of their child, a grandparent may file for custody to assume that right. If any of the reasons grandparents can file for custody of grandchildren apply to your family’s situation, you could benefit from legal guidance. To learn more, schedule a free case evaluation to discuss your custody questions with an attorney. "
Getting an Online Divorce in Missouri: A Legal Guide,"Are you a Missouri resident who is wondering, Can I file for an online divorce? Missouri does offer the option to file for divorce online. In most cases, these divorces are an affordable and easily accessible way to dissolve a marriage when parties agree to the terms. Our comprehensive legal guide will help you understand the ‘uncontested divorce‘ and legal document preparation process, inform you of which court documents are needed, and help answer any questions you may have about the filing process for online divorce. To file for an online divorce, Missouri law requires that the divorce be uncontested. An uncontested divorce is one where the parties agree on all the terms of the divorce and believe there is no chance they can reconcile their differences. Then, the spouses create a written agreement to end their marriage with everything they have agreed to. If the parties disagree on one or more of the divorce terms and the court needs to intervene to help them resolve the dispute, the divorce is “contested” and Missouri will not allow you to file online. Instead, you’ll have to go to court with your spouse to resolve any disputed issues. If you want to represent yourself in divorce proceedings, Missouri requires that you complete the Litigant Awareness Program and file your completed certificate with the court. After you’ve completed this program, you can continue to file for an online divorce. Missouri law requires that parties provide the following information: Once the documents are prepared, either party can print, sign, and submit them to the local court clerk. Then, the filing party will serve the documents on the other party to communicate that they have started the divorce proceedings. In Missouri, you can serve the ‘notice‘ on the other party in two ways: Via the county sheriff or a private process server. Both methods will start the divorce process. Once you have submitted the forms, documents, and separation agreement correctly, the 30-day waiting period from the filing date starts. During this “cooling-off period” the divorce is not yet granted, so the spouses have time to evaluate their decisions and thus avoid acting on impulse. Once the 30-day period has passed, the parties will appear in court and the judge will review the settlement agreement before signing it. You may not be able to get a divorce precisely on the first day after the cooling-off period. Instead, the date your divorce is finalized depends on the judge’s availability and the number of pending cases they must hear. There are several requirements for filing an online divorce. Missouri’s are as follows: If you and your spouse need to create a parenting plan for your children, Missouri requires that it include: Once you meet the requirements, both parties must gather information on income and expenses and list all debts and assets. To proceed with an online divorce, Missouri requires that you fill out several forms, including: In some instances, you may need to file different or additional forms. The processing fees for an uncontested online divorce vary from county to county. For instance, the fees in Cass County differ from those in Oregon County. Here’s the average cost you might incur for processing fees: If you can’t afford the divorce fee, you may be able to get a free divorce in Missouri by filing a ‘forma pauperis.’ This document lets you request a free divorce from the court. You’ll include details related to income, expense, debts, and assets, showing that you can’t afford the filing fees. The court will determine whether the fees are waived. If both parties agree on the divorce terms and are ready to work out a settlement agreement, they may file an online divorce. To begin the procedure, they must complete the Litigant Awareness Program, fill out and submit the relevant forms on the Missouri state court’s official website, and pay the required fees. The minimum time to get a divorce is 30 days; this includes a “cooling off period.” However, the exact time depends on the judge’s availability. The Missouri divorce finalization process can take anywhere from one to six months. It’s not possible to get a divorce in Missouri if one of the spouses is pregnant. The court wants the presumptive father (if applicable) to prove paternity and the couple to determine if the husband is the child’s biological parent. Therefore, the court can’t grant or finalize the divorce unless the child is born and the above requirements are met. While it’s not mandatory to hire a divorce lawyer when filing a divorce, it may be advisable to ensure that there are no mistakes in the documents and that they’re filed on time. Plus, a lawyer can help you resolve complicated issues involving child custody and the division of pensions, retirement accounts, family businesses, and other assets. Obtaining a divorce isn’t an easy process, but there are resources that can help. Learn more about whether an online divorce service can help you to make sure you meet Missouri’s strict divorce filing requirements. "
What Are Crimes Against Humanity?,"Designating certain acts as “crimes against humanity” can help protect populations, especially civilians, from the worst violations of human rights and dignity. This category encompasses the most egregious acts of individuals, governments, and organizations. The discussion of what are crimes against humanity (and how to punish their perpetrators) began in earnest when the atrocities of World War II came to light. The first accepted use of the term “crimes against humanity” in an international forum is the 1945 Charter of the International Military Tribunal (also known as the Nuremberg Charter). This document memorialized the Allied countries’ agreement that certain acts of violence are unacceptable and established an international tribunal to prosecute individuals who commit them. France, the Soviet Union, the United Kingdom, and the United States signed the charter at the end of the Second World War; 20 other countries have since ratified it. It inspired the formation of numerous subsequent international courts to prosecute human rights violations, including the International Tribunal for the Former Yugoslavia. There is some disagreement when it comes to identifying specifically what is a crime against humanity, because there is no comprehensive, globally-accepted international legal definition. Acceptance of which specific acts constitute crimes against humanity has changed over the years as new horrifying examples come to light. According to the United Nations, the 1998 Rome Statute of the International Criminal Court expresses the most currently accepted list.  In addition to explaining what are crimes against humanity, the Nuremberg charter also identifies what are war crimes and what are crimes against peace. Under this and other accepted authorities, war crimes are distinguishable from crimes against humanity in four significant ways. These are: Based on these factors, while most offenses that qualify as crimes against humanity could also be war crimes, the converse is not necessarily true. Many acts are widely accepted as crimes against humanity by many different international authorities. Some of the most fundamental include: Murder and the extermination of a demographic group are universally acknowledged as crimes against humanity when directed by the state. These terms refer to a ruler or government killing members of its own population, usually on a mass scale. In many cases, victims are targeted for extermination based on ethnic discrimination, religious prejudice, or cultural reasons (‘genocide‘) or political opposition (‘politicide’). Deporting or forcibly transferring a segment of the civilian population against that population’s will is generally accepted as a crime against humanity. The use of mass deportations is usually only one aspect of a broader attack against a particular group, often performed in conjunction with other crimes against humanity like persecution, apartheid, and extermination. In many cases, a state that perpetrates crimes against humanity resorts to tactics such as false imprisonment, deprivation and torture, and forced disappearances. False imprisonment constitutes holding individuals against their will based on fraudulent, trumped-up, or no charges. While imprisoned, they may be physically and mentally tortured, subjected to hard labor, or exiled to remote labor camps. These practices are illegal under international law and violate human rights protections. Sexual violations like rape, human trafficking, and sexual slavery have long been recognized as crimes against humanity. Such crimes are often carried out against civilians and can be directed against specific ethnic groups. In addition to being an egregious violation of human dignity, sexual violence can be a tool used to humiliate and demoralize segments of the population. In addition to the above offenses, many others are commonly considered to be crimes against humanity, including apartheid, forced sterilization, persecutions based on ethnic, religious, or political grounds, and enslavement. In many cases, an oppressive regime commits many different overlapping humanitarian violations.  Although there have been agreements between countries for many centuries dealing with war crimes, before the end of World War II, there was no significant international cooperation to prosecute humanitarian violations during peacetime. As a result, many heads of state committed terrible atrocities against their own populations. These went unpunished; in many cases, they were often entirely unnoticed by outsiders. In the modern era, many states, human rights activists, and legal experts are making a concerted effort to bring the individuals responsible for international human rights violations to justice. While some trials have resulted in successful prosecutions, such as those related to atrocities in Rwanda and the former Yugoslavia, bringing perpetrators to justice remains an ongoing challenge. Agreeing what are crimes against humanity and bolstering the authority of the International Criminal Court are two important parts of that objective.  "
What Is a Court Ordered Mediation?,"In legal terms, ‘mediation’ is a type of alternative dispute resolution that can help resolve conflicts and avoid litigation. Parties to a lawsuit or domestic matter (such as a divorce or a child custody case) can choose to go to mediation to work out an agreement. In some cases, however, a court may direct the litigants to attend one or more sessions with an approved mediator. This is called court-ordered mediation. Many state and local courts maintain lists of ‘certified mediators‘ and provide these to litigants ordered to undergo mediation. These individuals have met the training and experience requirements dictated by state law or the court’s rules. Usually, parties choose their own mediator; if they can’t agree, the court may appoint one. Some mediators specialize in handling certain types of legal disputes, such as court-ordered custody mediations or appellate cases. Others are available for all kinds of matters. Many mediators are retired judges or attorneys who have extensive practice experience in their area of law. Once a mediator has been chosen, the parties schedule a date, time, and location to meet. Frequently, mediators request that the parties send them an advance copy of any evidence they plan to present and a summary of their argument. Doing so helps everyone better prepare for the mediation. At the appointed time, each person presents their position and any supporting documents or evidence. The mediator then works with the parties to resolve their outstanding issues. This may be done with both parties together and in one-on-one sessions. In the case of a child custody mediation, for example, the mediator may meet with each parent separately to discuss their wishes and concerns about a custody schedule. Then, they may all discuss how they can craft an arrangement that works well for everyone in the family. The mediator might suggest some solutions that the parents aren’t aware of or didn’t consider, such as exchanging the children at a restaurant halfway between their homes or using videoconferencing for a parent to attend events. The parties are usually responsible for paying the costs of a mediation, even if it is ordered by the court. Usually, the cost is divided equally between them. If the cost is a significant hardship and the parties are unable to pay, the court may arrange for a reduced or no-fee mediation. Engaging a neutral third-party mediator can help people in a high-conflict, emotional situation gain a fresh perspective. They may find that they agree on more issues than they think and be more open to negotiating a compromise for areas that remain in dispute. A skilled mediator can draw on past experiences to suggest creative solutions for seemingly impossible problems. They can also help encourage each person to listen to the other’s point of view, keep an open mind, and be more flexible with their position. Court-ordered mediation helps relieve some of the pressure on an overburdened legal system. In many cases, especially family law cases, the parties have significantly different interests – each of which needs to be carefully examined, addressed, and considered. Proceedings can get emotional and be stressful for everyone involved. Mediation allows both parties to share their perspectives and concerns about a given dispute without the pressure of a full docket of pending cases. Unlike a trial where sessions are open to the public or even recorded, one of the benefits of mediation is that they are private and (usually) confidential. What you say in the session cannot be used against you in court or other proceedings. (An important exception, however, is that a mediator may have a duty to report allegations such as child abuse to the proper authorities.) Going to mediation can also be more comfortable and convenient than going to court. Most mediations are held in private offices, and they can be scheduled at a time convenient for both parties. You may even be able to do them over the phone or using teleconference software (like Zoom or Google Meet). By contrast, court hearings and trials are held on a schedule that is fixed and set by the court. Litigants may have long periods of wait time while the judge hears other matters. Few courts permit children or offer childcare services, and they are often far from the parties’ residences. If a judge orders the parties to a lawsuit to attend mediation, they must obey and attempt the process in ‘good faith.’ As with any other judicial order, a party that fails to comply with a court order directing mediation can be held in ‘contempt of court.’ Penalties for contempt can include fines and jail time. Some states and larger cities require certain kinds of legal matters to go to mediation before a court hears them. For example, the Circuit Court of Cook County, Illinois, requires all child custody cases to attempt mediation unless parents already agree on a parenting plan. The court will not schedule a hearing or trial until this is done. (Notably, a judge can overrule this requirement when appropriate, such as in cases involving violence.) The mediator does not make a ruling or enter a judgment. Instead, they try to assist the parties in negotiating and memorializing an agreement among themselves. If this is successful, the parties can alert the court and have their case resolved. If they can’t agree, the parties proceed with litigation, asking a judge to schedule a hearing or trial to settle their disputes. In many cases, mediation can be faster, cheaper, and more effective than having your case decided by a court. Court-ordered mediation can’t resolve all cases, however. If you have completed this process and still need to go to court, you should consider meeting with an attorney. "
Leasing a Car After Bankruptcy,"Bankruptcy may sound scary, but it can be a useful tool to move on with your life after financial difficulties. Bankruptcy does, however, stay on your record and may have implications for your lending options down the road. One common activity you may be wondering about is leasing a car after bankruptcy. How long do you have to wait after bankruptcy? Are you even able to do it? The short answer is generally, yes, you can lease a car and engage in any other life event after bankruptcy — but there may be conditions attached that don’t apply to other people. There is no required waiting period, although taking time to improve your finances first lets you borrow on better terms. One thing to remember about leasing a car after bankruptcy is that it depends on what chapter of the bankruptcy code your proceedings fell under. For individuals,Chapter 7 and Chapter 13 are the most common types of bankruptcies. Chapter 7 bankruptcies, known as liquidations, are shorter proceedings which “wipe clean” many types of debt. They last four to six months on average and you’re able to start borrowing again when you’re discharged. Chapter 13 bankruptcies, known as reorganizations, are longer processes and aim to get individuals caught up on loan payments rather than wiping the debt clean. These payment plans can last roughly three to five years. Although Chapter 7 bankruptcies don’t take as long to complete, they stay on your credit report for a longer period of time than a Chapter 13 filing. While you’re still able to borrow with a bankruptcy on your credit report, the terms will be less favorable. You also must wait until your bankruptcy is “discharged” before you are free to borrow money again. A discharge is simply the official end of the bankruptcy proceedings, a signal that you’re free to move forward. A lender considers the following factors when deciding what it will take for you to lease a car after bankruptcy: A bankruptcy will lower your credit score, sometimes severely. The lower your credit score is, the fewer options you have for borrowing money or qualifying for expensive vehicles. Take steps to rebuild your credit score before leasing a car after bankruptcy, if possible. Keep in mind it takes some time for your credit score to update when changes have been made. Dispute any errors you think are on your report with the credit reporting agency. If you can save enough money to pay cash for a vehicle, which may take some time, you can usually bypass the significance of a credit score and the lending process altogether. The higher your income is, the more likely a lender will be willing to work with you. Some experts suggest spending no more than 10% of your income on transportation. This means for a $20,000 car loan with payments of $438 per month, an income of at least $52,560 per year ($438 x 12 months x 10) would be preferred for favorable loan terms. If you can save money and make a large down payment on a vehicle, a lender will be more willing to work with you. Some may even require a down payment as a condition to borrowing. The size of the company from which you are purchasing or leasing a car matters, too. Bigger companies can afford to take on riskier clients, so you may want to try to work with a larger company. You will still face higher rates and other unfavorable conditions compared to borrowers without bankruptcy on file, but you should still be able to get a car. Give yourself as much time as you can to build your credit score, save money for any necessary down payments, and take other measures to improve your finances after bankruptcy. Taking time before borrowing again will encourage lenders to work with you. As stated above, improving your credit score will encourage lenders to work with you. You can improve your credit score by: Not all lenders will treat you equally — some will be willing to offer better terms than others. Ask them what factors they consider most important and how you may improve your chances of securing favorable loan terms. Know the signs of predatory lending and avoid getting roped into further financial trouble. Look at a month’s worth of income and determine what you can reasonably afford in terms of a car payment and other monthly expenses. Get rid of any unnecessary monthly expenses to allow yourself to save money. Do you need to lease a new car? Consider saving money to purchase a used car instead. Or, consider assuming another person’s car lease rather than starting your own. Assumption of a lease may give you more favorable interest rates and may be for a shorter amount of time than a new lease. Beginning a car lease process after a bankruptcy discharge is possible, but it requires research. Consider seeking the advice of a bankruptcy attorney who can assess your situation and set you up for success. "
How to Register a Vehicle Without a Title,"A vehicle title is a critical piece of paperwork proving ownership of the vehicle. Titles are required when registering your vehicle with your state, which in turn allows you to drive it legally. Usually, purchase of a vehicle includes transfer of the title to your name, similar to the deed during a house purchase. If you’ve acquired a vehicle but for some reason don’t have the title, you have options. Before we get into the details, know that the best place to start is by visiting your state’s motor vehicles website for registering vehicles as it may quickly answer your questions about obtaining a replacement title or registering your vehicle. If you’re trying to figure out how to register a vehicle without a title, explore these options first. If you purchased your vehicle from a private seller or dealership, contact them to make sure they didn’t inadvertently forget to give you the title. If they have the title, your problems are solved. However, it should be in your name once you purchase your vehicle. Your seller should have a title in their name that they transfer to you once the purchase is complete. If contacting the seller doesn’t yield a vehicle title, you may be able to apply for a replacement. You will need to have some sort of proof of purchase of the vehicle such as a bill of sale or a registration card listing you as the buyer. Again, start by visiting the website of your state’s DMV. However, you’ll likely obtain a car title from the clerk of your county of residence. Look at your state’s requirements when researching how to register a vehicle without a title. Generally, you will need: Additionally, most states require the owner on the title record to sign the title application and present identification. But, if the owner can’t appear (for example, they’re incapacitated), they must complete and sign an Appointment of Agent (Power of Attorney) form designating another individual to sign on their behalf. If they can’t sign the form, then their acting agent must sign it for them. Usually, replacing your vehicle title is around $50-200, depending on your state. It takes about four to eight weeks to process your replacement title, but some states (Michigan, for example) have instant replacement title transactions. You will also need to provide proof of insurance and may need to have the car inspected. Once you have all of the necessary paperwork, you can take it to your local DMV office and they will help you complete the registration process. If you don’t have a bill of sale or other proof of purchase, or you didn’t purchase your vehicle from a seller, you may need to apply for what is known as a “bonded” title. A bonded title serves to protect states against residents titling vehicles under dishonest pretenses and typically remain in place for three years. Contact your state’s DMV office or search online to inquire about the bonded title application process. You can expect the following general process: There are a few miscellaneous pieces of information to remember when researching how to register a vehicle without a title. First, you can’t make changes to an existing title — you just have to re-title the car or reassign it. Second, there can’t be an outstanding loan on the vehicle when transferring the title unless the lender approves the transfer. Third, your vehicle’s stats (like odometer and VIN numbers) must match those on the title. Once you’ve successfully completed one of these options, you’re ready to register your vehicle. Again, check with your state for specific requirements (New York, for example), but you will generally follow these steps: If you’ve run into trouble because of a missing title or registration, or simply have driving-related questions, get connected today with an experienced legal professional. "
What Is Cross Examination?,"The question, What is cross examination? is a subject of interest to every first-year law student. “Cross examination” is a litigation technique that every lawyer who questions witnesses in court must perfect. Understanding the rules of this process can also be valuable for witnesses who want to know what to expect once they take the stand. Broadly speaking, cross examination is the process of allowing the opposing party’s attorney to question a witness who is testifying in court or via a deposition once they have provided their ‘direct‘ testimony. Ordinarily, the purpose of cross examining a witness is to test the strength of the stories, observations, and opinions that they have provided so that the strength of the case their testimony is supporting can be called into question. This helps to diminish the credibility of a witness. Successfully challenging the truth of their statements is referred to as ‘impeachment.’ Some lawyers may decide not to cross examine a witness to underscore the idea that their testimony was insignificant and doesn’t warrant additional questioning. Attorneys are not bound to ask a certain number of questions, nor are they required to keep their cross examination of a witness to a specific length of time. The rules of cross examination primarily concern the ways in which questions are asked and answered. The attorney whose witness is being cross examined can object to the lawyer who is conducting the witness’s cross examination if they engage in certain behaviors. Some of the most common objections made during cross examination include: Conversely, although not generally permitted during direct examination, leading questions are permitted during cross examination. These questions allow a lawyer to test the credibility of testimony provided upon direct examination in a focused way. If you’re being called as a witness and you’ve been asking What is cross examination? you’re probably wondering if you can refuse to be cross examined. The short answer to this question is No. If you refuse to answer questions during a cross examination, the judge can hold you in ‘contempt of court.’ To make sure that you’re prepared for cross examination, your lawyer should walk you both through what you’ll be asked during your direct examination, and what you’ll likely be asked during cross examination. It’s important to answer only what you’re asked and not elaborate unnecessarily. You’ll also want to remain respectful of the judge and opposing counsel, otherwise you’ll risk being held in contempt. Finally, be conscious of what your body language and tone are conveying to the jury. For example, if you come across as defensive, that could impact the jury’s perception of you just as much as the content of the answers that you provide on cross examination. Whether you’re struggling with legal troubles or you are likely to be called as a witness in someone else’s case, learning about cross examination can help you to understand what to expect and how to prepare. Discuss the ins and outs of cross examination with a lawyer today. Do you want to learn more about the legal process? Check out these related resources from the legal team at The Law Dictionary to learn more: "
Marijuana Laws by State,"State laws are constantly changing, and that is especially true with laws pertaining to the cultivation, sale, and use of marijuana (a slang term for cannabis). Marijuana laws by state are all over the map, so to speak. It’s fully legal in 19 states and the District of Columbia, and fully illegal in at least 6 states, with its status ranging between the two extremes in the remaining states. If you’re curious about cannabis laws by state, check out the chart below for a simplified answer to whether medical use, recreational use, or both are legal in your state. Every state that has legalized recreational use has also legalized medical use. Medical marijuana is used to treat qualifying health conditions — most commonly for treating pain and discomfort, but also glaucoma and post-traumatic stress disorder (PTSD). State regulations vary widely on how medical marijuana can be produced, dispensed, and consumed; and what conditions qualify for a medical marijuana card. State laws spell out all the details around medical marijuana, including the daily amount to which a patient is entitled, what form the marijuana can take, and whether the state allows home cultivation. For example, in California, medical marijuana can be produced in almost any form and users can grow it at home at a greater volume than for recreational use. On the other hand, in Alabama, medical marijuana must be consumed in a certain form (e.g., not in a flower or edible form) and does not allow users to grow their own. Rather than “get into the weeds” of marijuana laws by state, the chart below simply notes whether medical and recreational use are legal, illegal, decriminalized, or (in the case of medical use) whether only cannabidiol (CBD) oil is legal. We have linked to state-specific information from the Marijuana Policy Project in the first column of the table. The term “legal” means there are no criminal penalties associated with the use of marijuana or derived products. Each state has its own interpretation of whether that includes marijuana paraphernalia, cultivation, or sale. Every state with some form of legal marijuana use has its own licensing and taxation system for businesses that want to grow, sell, or finance it. Though use and retail sales may be legal, there may still be a lot of compliance hoops to jump through before a business can operate. Businesses must comply with regular licensing and taxation in addition to the more stringent rules related to marijuana. Legalization is not a free-for-all: The District of Columbia, for example, limits the number of dispensaries that can operate at one time. The term “illegal” means the use of marijuana is considered a misdemeanor or felony in the state. It is common to differentiate between states where use is considered a misdemeanor and where it is considered a felony. For our purposes, even where the status of the use has been lowered to a misdemeanor, it is still considered illegal. “Decriminalized” does not mean ‘legalized’ — it only means there are no criminal penalties for engaging in the decriminalized behavior, and that the sale and cultivation of cannabis remain illegal. There may still be consequences similar to a traffic violation, like fines. It could also mean only the first offense is decriminalized, with criminal penalties established for later offenses. In some states, only CBD oil — which is derived from the cannabis plant but without the psychoactive properties of THC in marijuana — has been cleared for medical use. Those states still may have limits on the percentage of THC allowable in the legal CBD oil, or other conditions. In states where medical use of marijuana is legal, CBD is included. Remember, when it comes to marijuana, laws by state can change rapidly. It’s a good idea to consult a legal professional for any marijuana-related legal questions. "
What to Know About a Roommate Agreement,"Whether you’re a young professional just starting your career, or you live in a big city where living alone is a true luxury, you have probably thought about getting a roommate. Most shared living arrangements begin amicably, but disagreements are bound to come up. Having an agreement in place may help prevent any misunderstandings and protect you from a lawsuit. Let’s take a look at roommate agreements and how they work. A roommate agreement is a written contract that outlines the agreed-upon terms for living together, and the rights and obligations for each person (‘tenant‘) living in a household. The agreement may also be known as a housemate agreement, roommate contract, or housemate living agreement. The agreement should address common situations that are likely to come up when living with someone. Top factors you’ll want to include are: Your agreement should list the names of each person who will be living in the residence and the name of the landlord. You could also include the specific bedroom each tenant will use and the term of the ‘lease.’ Your agreement should detail how each tenant will pay their portion of the rent. Include information about whether each tenant will pay the landlord separately, or if one tenant pays and gets reimbursed by the other roommates. If one roommate is going to get reimbursed, the agreement should state the time frame for repayment. You’ll also want to note whether rent is divided evenly or based on bedroom size. Detail if all bills (utilities, cable, internet, etc.) will be in one person’s name or if each roommate will be assigned certain bills. The agreement should detail what happens if one tenant moves out. You’ll want to know whether the person moving out will be responsible for finding a replacement tenant to cover rent and expenses, how much notice they need to provide, and how their security deposit is returned. Different cleaning styles can be challenging when living with someone else. A cleaning chart can help avoid conflict. You may want to include a schedule stating who is responsible for cleaning the kitchen, common spaces, bathroom (if shared), and emptying the trash and recycling. Setting the rules for guest visits will be a very important part of your agreement. Ideally, you’ll already have an idea of whether your roommate is a social butterfly or an introvert. One of the most respectful things you and your roommate can do for each other is state whether guests will be allowed, and if so, for how long, how often, and whether overnight visits are okay. Imagine coming home from a long day at work and wanting nothing more than to heat up your leftovers and fall into a food coma. Instead, when you open your refrigerator, your food is gone. Depending on how good those leftovers were, this scenario might just start a war. Keep the peace, and set up a rule for sharing food in your agreement. Not everyone wants to live with an animal, so your agreement should state whether pets are allowed. If anyone has a pet or decides to get one, your agreement should lay out the cleaning responsibilities and extra expenses associated with the pet. One important item to add to your agreement is whether or not your residence will be smoke free and/or alcohol free. You and your roommate are bound to have the occasional disagreement. To avoid major conflicts, your agreement should detail how disagreements will be handled. Will you and your roommate have an in-person meeting or will communication by phone call or text be allowed when one roommate isn’t at home? Unlike a lease agreement with your landlord, the entire roommate agreement may not be legally binding. Stipulations in your agreement, like not eating your roommate’s food or promising to keep your music down, will likely not merit taking your roommate to court. However, the financial aspects of your contract could be heard by a judge. So, if your roommate does not pay rent or utilities, you could file a suit and take them to small claims court. You can use this sample as a guideline and customize it based on your needs. The following parties, [enter roommate names], herein referred to as roommates, are co-tenants at [enter address]. The roommates have signed a lease dated [enter date], expiring on [enter lease termination date] with landlord, [enter landlord’s name]. [Each name of roommate] all agree to the following: 1. Rent. The monthly rent is [enter amount]. The roommates agree to split the rent evenly and each pay [enter amount]. Roommate A [insert name] will write a check for the full amount each month, paid to [enter landlord’s name], and mail the check to landlord on or before the first of the month. Roommate B [insert name] will pay Roommate A [insert name] [insert amount] each month [enter number] days before rent is due. 2. Security Deposit. [Enter roommate names] will split the security deposit of [enter amount] and each pay [enter amount]. 3. Utilities. Utilities will be under [Roommate A] name. [Roommate B] agrees to split utilities evenly and promptly reimburse [Roommate A]. 4. Spaces.[Roommate A] will occupy the large bedroom; [Roommate B] will occupy the small bedroom. Each roommate will use the bathroom attached to their room. 5. Food. Each roommate is financially responsible for their own food and drink purchases. 6. Cleaning. Each roommate will be responsible for cleaning their own bedroom and bathroom. Roommates will use a chore chart for the purposes of dividing the household chores for the rest of the apartment including the living room, dining room, and kitchen. The chart will state whose turn it will be to vacuum, dust, and mop on a weekly basis. Each roommate will promptly clean up after themselves in the kitchen. No one will leave dishes in the sink for more than 24 hours, and everyone will promptly clean up when asked. 7. Guests. Each occupant agrees to have no more than one overnight guest at a time and to inform the other residents in advance, if possible. Overnight guests may not stay more than three nights in a row. Each occupant agrees to no more than four overnight guests a month. 8. Moving Out Early. If a roommate wants to leave before the lease expires, they will give as much notice as possible (and not less than one calendar month) and diligently try to find a replacement tenant who is acceptable to the remaining roommate(s) and the landlord. The person leaving the residence agrees to continue paying rent and utilities until a replacement tenant is found. 9. Agreement is Complete and Binding. Roommates agree by their signatures to terms in this contract. Printed Name of Roommate A Signature of Roommate A Date Printed Name of Roommate B Signature of Roommate B Date Having a clear understanding of responsibilities and guidelines is the first step to a peaceful living arrangement with your roommate. Drafting a roommate agreement is a great way to help you and your roommate feel comfortable in your residence. If you’re still not sure what to do next, you can get help drafting one with a free attorney evaluation. "
What Is Domestic Tranquility?,"When most people think of the U.S. Constitution, they think of things like the right to free speech or the right to bear arms. But in its first sentence, the Constitution sets forth its commitment to ensuring “domestic tranquility.” What does that mean for us today? We’ll discuss what this concept is and how it affects us as citizens. The Constitution of the United States was written and approved by the original founding fathers in the late 1700s. It established a framework for creating one federal government that united the multiple colonies’ separate governments. In four handwritten pages, it sets out the organization and powers of three branches of the federal government and describes how citizens are represented by those branches.  The Constitution consists of three parts: The preamble is a simple introductory paragraph that outlines the importance of the Constitution, why it was written, and the goals that it hopes to achieve as a nation: We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our prosperity, do ordain and establish this Constitution for the United States of America. The seven articles that follow set out the specific organization of the new federal government and the process for adopting the Constitution. Article I establishes the legislative branch, consisting of the House of Representatives (allocated to states based on their population) and the Senate (two representatives for each state). Article II describes the executive branch, including an elected President. Article III creates the judicial branch, establishing an independent Supreme Court and the authority for lower courts.  Article IV and Article VI concern the relationship of the states within the federal framework. Article IV provides that each state’s laws may be different but are enforceable nationwide, while Article VI provides that the federal law trumps individual state laws. Meanwhile, Article V gives the legislature (representing the states) the means to change the federal law. These provisions are directly targeted toward achieving the goal of tranquility across the nation.  Definitions of this concept vary. Most people likely think of peace at home -– that is, within a household. However, the drafters of the Constitution meant that it was the federal government’s primary responsibility to ensure peace and order in the land. Doing so meant bringing together many different groups who had formed 13 individual colonies based on diverse religious, political, and social beliefs.  After leaving behind a tumultuous European political climate, the founding statesmen of the U.S. wanted to create a central government that protected its citizens from outside threats. That protection involved keeping a watchful eye on other countries, in addition to having a solid relationship with other foreign allies. The founders also wanted to ensure that their government encouraged its citizens to voice different opinions in gatherings or groups without government censure or oppression. They believed protecting citizens’ free expression was vital, and that the government has a duty to encourage peaceful marches or protests. Domestic tranquility encompasses both of these goals. To protect the country from outside enemies, the Constitution allocates the federal government the power to negotiate, enter into treaties, and declare war on foreign powers. It also attempts to ensure peace among the individual states by giving the federal government the authority to arbitrate disputes and disagreements.  In an effort to encourage its adoption by the colonies, the Constitution allocated limited powers to the federal government and reserved most other powers to each colony as a separate state. The passage of the Tenth Amendment (as part of the Bill of Rights) specifically addressed this principle.  The Constitution contains measures to help promote harmony and prevent disagreements between the states. For example, it bars states from discriminating against citizens of other states because of their residency and prohibits enacting tariffs on goods traveling between states. It also requires states to ‘extradite‘ those accused of crimes to other states for trial.  Although the extradition measure helps states give ‘full faith and credit‘ to each other’s laws, as guaranteed in Article IV, it also creates the potential for significant conflict. What if one state refuses to enforce the law of another because it believes the law is immoral or unjust? In this situation, the Constitution gives the federal government the power to step in and arbitrate the dispute.  As the U.S. has expanded in size and population, balancing the rights and wishes of its citizens is more difficult than ever. The White House notes that “[i]n order to prevent arbitrary changes, the process for making amendments [to the Constitution] is quite onerous.” This limits the ability of the federal government to change the document — for better or for worse. Preserving a peaceful, working republic requires a delicate balance between respecting each state’s autonomy and promoting the values of the nation as a whole.  "
What Is Imperialism? Definition and a Brief History,"What is imperialism? Imperialism involves one country extending its authority over other countries or territories and gaining economic and political control over another country. Imperialism often arises through unprovoked military force and has been evidenced throughout history around the world. There are a variety of causes of imperialism. The reasons one country may want to exert control over other countries include: What is imperialism seeking to achieve? One main goal is to turn a country into a multinational monopoly. Throughout history, nations have used one of several theories to warrant unjustified use of military force. This theory is based on a country’s superiority complex. A well-developed nation believes that market domination is essential for preserving itself. Through securing access to market, material, political, or strategic advantages, a country is able to continue its success. This type of country believes it is entitled to success because of its superiority, usually due to an assumption of racial and religious domination. In some cases, a nation produces more goods than its population can consume. Securing outside markets through imperialism is seen as a necessity to reduce expenses and increase profit simultaneously thereby helping its economic position. This theory comes from socialism and communism thought-leaders Karl Marx and Vladimir Lenin. In order to avoid a world divided between wealthy and poor countries, this theory encourages the idea that all imperial powers unite to form a capitalist coalition. From there, they would jointly impact all other nations through imperialism. The new nations overthrown by the coalition would join to disperse goods and gains throughout the world evenly for the benefit of all. Under this theory, the purpose of imperial conquest isn’t for any economic or political gain. It’s classified as an age-old behavior of pointless conquest through power— and blood-hungry nations, or the “warrior class.” The warrior class would manufacture fake crises to exercise its military power. This theory says imperialism is used to maintain or bolster a nation’s power in the world’s constant power struggle. Here, imperialism aims to minimize a country’s military or political vulnerability. Imperialism and colonialism are often mistaken for being the same thing because they are linked. So, what is imperialism in the context of colonialism? An imperialist nation will send settlers to another nation to set up colonies. These colonies are under the control of the imperial nation and, although the settlers make their home in the new country, they remain loyal to their original country. The settlers act under imperialism by enforcing power in the new country, thus helping their original country increase its power. Imperialism is what keeps these colonies under control, and colonialism is the driving force that pushes imperialism forward. Colonization began during the Greek, Roman, and Ottoman Empires as improved transportation allowed colonists to easily invade other countries. Prior to building its empire, Rome was surrounded by wealthy and powerful nations. Under constant threat of war, Rome took over its closest neighbors to create a bigger army and land barrier. With a newly bolstered army, Rome set about conquering its territories’ enemies inherited from the first conquest. However, with each conquered territory, the Romans offered different benefits and rules, including Roman citizenship for some territories and only the right to conduct business in Rome for others. This created a system that made states highly suspicious of, and competitive with, each other to win favor with Rome. This worked to increase the power Rome had over each territory and enabled it to overthrow new ones. Eventually Rome made allies it could control without the use of military force. At one point, Rome held most of Europe (including France, Spain, Portugal, and Britain) as well as parts of Africa and Asia, although it had the largest cultural influence over Europe. After the Roman Empire’s collapse, Europe continued Rome’s imperialist expansion by using the method of dividing and conquering surrounding territories. The “New World” was discovered, and Britain, France, Spain, and Portugal each set about creating colonies of their own. For Spain, the gold of Inca Peru held the most allure. But shortly thereafter, they turned their sights to Mexico. At the time, this was a much larger expanse of territory than it currently is — spanning from California to Texas. Eventually, Spain’s territory grew to over half of the modern U.S. Meanwhile, the French attempted to colonize what’s now the U.S. with less luck than the Spanish and English. But, they succeeded in colonizing large chunks of Canada and held a small chunk of Florida (Floride française). They also held some pieces of the U.S. like Michigan and Louisiana. The English, of course, “owned” Britain at the time. The British Empire set about taking over America starting in Jamestown, Virginia. British colonization also resulted in the takeover of numerous territories throughout the world, including Australia, Canada, India, parts of South America and Africa, and parts of the Caribbean. The result was war with indigenous tribes throughout the world, America’s battle for independence, and the concept of Manifest Destiny. The ‘Scramble for Africa‘ saw European countries work together to partition countries in Africa in order to take control of raw materials like gold, diamonds, copper, and tin. After gaining independence from Britain, the U.S. set about on its own imperialist conquest. Known as the Manifest Destiny, the belief was that America was destined by God to spread its form of democracy, freedom, and culture across North America. First, the U.S. purchased Louisiana from France in 1803 in the Louisiana Purchase. This property spanned from modern Canada down to New Orleans and covered 828,000 square miles of new territory. Next, Texas fought for independence from Mexico and the question of the Oregon Territory was settled. The Mexican-American War resulted in the annexation of an additional 525,000 square miles of Mexican territory from parts of New Mexico to parts of California. One of the better-known examples of American imperialism is the annexation of Hawaii in 1898 because of the Spanish-American War. America’s commitment to imperialism led to the displacement of Native Americans, slavery, and the resulting Civil War. Yes, but what is imperialism today? Now, imperialism means countries expanding power, control, political influence, and cultural ideals. One might argue that the United States’ involvement in the affairs of other countries is imperialism at work. Today, imperialism mostly takes the form of international law where countries, especially global superpowers, impose political and economic interests at the expense of less powerful nations. Imperialism touches on climate change, health disparity, continued social and racial discrimination, religious persecution, and sovereignty. However, nations wanting to expand their territory and make a “show of force” without provocation are acting like the empires of old. So, whether a country takes control of or power over another by fear, force, political, or economical means, it acts in an imperialistic way. Still asking yourself, What is imperialism? In the context of economic development and business decisions, you can find expert advice to avoid treading on the rights of others or violating U.S. laws. "
What Is Restitution?,"If you were subject to a breach of contract, had a piece of property stolen from you, or have been the victim of another crime, you may have a legal right to restitution. So, what is restitution? Learn more about restitution, how it works, and if it applies to you. Restitution is a remedy that occurs in both civil and criminal cases. Courts may order a defendant to either return something they took or, if they committed a crime, compensate the victim of that crime. In either case, the goal is to compensate the injured party for losses suffered as a result of someone else’s wrongful actions. In civil cases, restitution occurs when the defendant has been unjustly enriched due to a wrongful act or breach of contract. In other words, the defendant has benefitted at the expense of someone else (plaintiff). In these cases, a judge does not focus on a plaintiff’s losses but rather the defendant’s wrongdoing. The defendant will usually be ordered to pay the plaintiff an amount equal to the benefits or profits the defendant unlawfully earned. For example, let’s say Diane agrees to let her friend Jack use her boat during his weekend at the lake. Jack decides to unlawfully sell Diane’s boat and makes a profit. If Diane sues Jack and asks for restitution, the court can order Jack to forfeit the profit he made and give it to Diane. In this case, the purpose of restitution is to restore Diane to where she was before her boat was sold and to prevent Jack from keeping the money he made and being unjustly enriched. What is restitution in a criminal case, compared to civil cases? Generally, it’s a court order for a person who committed a crime (defendant) to financially compensate the victim of that crime. Each state has its own laws regarding restitution for victims. In every criminal trial, regardless of whether the victim asks for it, the court is required to consider whether the defendant must make restitution to the victim of the crime. Courts will use guidance under the Mandatory Restitution Act of 1996 to determine the amount of restitution a victim should receive. For public policy reasons, courts order restitution as a way to make a victim whole. While money will not replace the suffering a victim may have gone through as a result of a crime, it may help cover financial losses someone has suffered as a result of the defendant’s crime. Depending on the state, restitution may cover: Restitution does not cover: What is restitution and how does it work for those that are able to receive it? Eligible groups include the following: Restitution is paid to the person who suffered the harm or loss as a result of the defendant’s actions. In civil cases like a breach of contract, a court may order restitution to an individual, business, or corporation. In criminal cases, restitution may be paid to the victim, or in some states like North Carolina, the victim’s estate. The Crime Victims’ Rights Act entitles any person considered a victim to restitution. Certain parties other than the victim may receive restitution. These are usually an individual, organization, corporation, or association that helped a victim, like a victim’s advocate organization. The court will take the victim’s losses into consideration when determining an amount for restitution. Often, victims may prove their losses by providing medical bills, information documenting lost wages, receipts for replacement property, or any other document stating the financial amount the injured party lost. The court must also consider a defendant’s ability to pay when it’s time to calculate the restitution amount. A court will look at the defendant’s assets including real and personal property, the defendant’s ability to earn a living, and other financial responsibilities the defendant may have. Payments may be made in one lump sum or, most often, in installments. Keep in mind that receiving restitution payments may take years. If a defendant is sentenced to prison, the payments may be processed as part of a criminal sentence. However, it is unlikely that defendants are able to pay while incarcerated thus many restitution payments begin after a defendant is released from jail or prison. Defendants on parole or probation may also be subject to making payments and failure to do so could result in a parole violation. Defendants may even be subject to civil remedies including wage garnishment and ‘liens.’ Companies can also be required to pay restitution as part of a settlement agreement. For example, pharmaceutical companies have been court-ordered to pay restitution to those affected by the opioid crisis. However, even victims in these large corporate cases can find it difficult to recover restitution. If you still have questions about what is restitution, you may benefit from speaking with a lawyer. Get started today and find help from a criminal defense attorney. "
Filing and Paying Back Taxes,"“Nothing is certain but death and taxes,” quipped Benjamin Franklin. Indeed, many people dread Tax Day even more than death since Tax Day comes every year. If you’re one of the many Americans who have fallen behind on their tax filings, learn how to pay your back taxes and resolve your issues. The term “back taxes” — tax amounts due in prior reporting periods that remain outstanding — typically refers to federal taxes, penalties, and interest owed to the IRS. However, you may also owe unpaid tax debts to local or state tax agencies. The simplest way a person or corporation may owe unpaid taxes is if they fail to file a tax return. They may also find themselves liable for tax debt if they underreport income or profits, fail to make full and timely payment of their taxes owed, or claim deductions incorrectly for a reporting period. For example, many individuals receive assistance with health insurance premiums purchased through the marketplace. These subsidies are based on their projected income. If they make more than they anticipated, they may have to repay some or all of the subsidized amount when they file their tax return. Most U.S. citizens and permanent residents must file a federal tax return. The IRS sets minimum income thresholds that vary depending on age and status (i.e., married, single, head of household). Even if you are not required to file a tax return, you may benefit from doing so to access all applicable tax credits and refunds. Each state has different rules regarding income, property, and corporate taxes. Individuals who reside in one state and earn income in another may have to file tax returns in multiple states. Even death can’t hold off taxes — in most cases, a decedent’s spouse or personal representative must file one final return on their behalf. If you don’t file a return at all, the IRS may file a ‘substitute for return‘ (SFR) on your behalf. This may result in a higher tax burden than if you had filed a return yourself, because it will not capture potential deductions like business expenses, charitable donations, or medical expenses. Consequently, you may owe taxes you don’t even know about. If you receive income legally, the IRS probably already knows about it — employers report payroll details directly to the tax authorities. Even if your income is obtained illegally or goes unreported, you must still pay the appropriate taxes. (Al Capone learned this the hard way, earning 11 years in prison for failing to file back taxes on the profits from his mafia enterprises.) There are significant penalties for unpaid taxes in addition to potential jail time. The IRS levies a ‘Failure to File Penalty‘ of 5% of your unpaid taxes for each month or part of a month that your tax return is late. It also assesses a penalty of 0.5% of the unpaid taxes for each month or part of a month the tax remains unpaid. (These penalties offset each other, and they won’t exceed 25% of your unpaid taxes.) The IRS can file a ‘levy,’ allowing it to garnish a portion of your wages, seize money from a bank or other financial account, and sell your vehicle or other personal property to pay your debt. The IRS can also file a Notice of Federal Tax Lien, a public record that notifies current or potential creditors of your outstanding tax debt. In the short term, a tax lien can impact your ability to get a loan, mortgage, or other line of credit. If your tax debt remains unpaid, the IRS can take ownership of the liened property. If you have significant delinquencies, the IRS may refer your debt to the State Department — which can deny your application for (or revoke) your passport. You can file tax returns at any time for any year that you did not file, or you can file an amended return if you need to make substantive corrections. (The IRS automatically checks your calculations, so it’s not necessary to file an amended return for math errors.) If you need more time to file, you can request an extension; however, this does not extend your deadline to pay any taxes that you owe. The IRS recommends you estimate your taxes due and pay by the regular due date to avoid penalties and interest. If you are unable to pay your back taxes, you have a few options. You can ask the IRS to set up an installment payment plan for the entire amount. Or, if you’re eligible, you may be able to negotiate an ‘offer in compromise‘ to settle your obligation for less than full value. For state and local taxes, contact the applicable department of revenue directly to discuss resolution. If you are unable to pay, you can ask the IRS to designate your account as ‘currently not collectable‘ (CNC). This pauses its immediate collection efforts, but penalties and interest continue to accumulate. At a minimum, the IRS has three years to audit your tax return after the date it was due or the date you filed it, whichever is later. This ‘statute of limitations‘ climbs to six years if your return includes a “substantial understatement of income” (generally, a failure to report more than 25% of your gross income). If the IRS determines that your substantial understatement was fraud rather than error, it has an unlimited amount of time to perform an audit. Additionally, there is no statute of limitations if your underpayment of taxes was due to overstating deductions or claiming credits improperly. If you haven’t filed a tax return at all, or file a fraudulent return, there is no statute of limitations for the IRS. It can come after you for these back taxes at any time — for the rest of your life. There are numerous other loopholes that extend the collection deadlines, so rolling the dice isn’t the best strategy. Resolving outstanding back taxes can be tricky because the tax laws are complex and change significantly over time. An experienced tax attorney may be able to help you negotiate a reduction in fees, penalties, and interest charges. Don’t wait any longer to settle your tax debt. "
Is Cyberbullying Illegal?,"Is cyberbullying illegal? The answer is yes. Most states have cyberbullying laws that come with criminal charges. Additionally, you may also face civil liability and be subject to monetary penalties. Here’s a guide on cyberbullying laws and how they might affect you The general definition of cyberbullying is the “willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices.” A good cyberbullying definition also includes the different names by which this crime can be called, such as electronic bullying, e-bullying, SMS bullying, or online harassment. Cyberbullying examples include: There are no federal laws regarding online harassment, but is cyberbullying illegal in your state? In 44 states the answer is yes, and these states prosecute cyberbullying as a crime. In states where cyberbullying isn’t a crime, statutes may still require schools to prevent bullying and protect victims in other ways, such as: Another solution to online harassment is civil liability. Cyberbullying leads to other  torts, which can provide monetary damages to compensate victims or their parents. Most states group cyberbullying laws with other anti-harassment statutes. For example, Alabama’s harassment statute explicitly includes written or electronic communications. Online harassment by itself is a misdemeanor. Penalties may include fines, imprisonment of up to one year, community service, and protective orders. If the online harassment caused more serious crimes — including assault, battery, rape, or murder — the defendant could face felony charges. Forty-six states — except for Alabama, Michigan, Montana, Nevada, and New Hampshire — require schools to conduct disciplinary procedures if a student commits an act of cyberbullying. California, for example, allows schools to suspend a perpetrator or recommend expulsion. State laws may also allow schools to consider rehabilitation. Aside from suspension and expulsion, Texas law includes alternative education programs for the perpetrator as an option after a cyberbullying incident. Every state but Montana requires schools to enact policies against bullying, including online harassment. Generally, the statutes require policies to help identify cyberbullying and create disciplinary procedures. For example, Washington schools must designate a primary contact who implements anti-bullying policies and receives complaints. The policies must also include provisions specifically protecting transgender students and developing prevention tactics. Texas law requires policies to specify the circumstances of cyberbullying and resulting disciplinary action. In addition to the cyberbullying incident at issue, schools must also consider intent, disciplinary history, disability, and other challenging circumstances when forming their response. There are 25 states that allow schools to regulate off-campus behavior. The Supreme Court authorized schools to address behavior outside of school hours if the behavior involved serious threats or bullying against teachers or other students. States with these laws generally take the same approach as the New York legislature. They recognize that most cyberbullying happens outside school hours and disrupts students’ lives and educational progress. So, the laws seek to reduce that threat and enhance student safety. Is cyberbullying illegal in your state? Even if the answer is “no,” that doesn’t mean cyberbullies escape from other consequences. While you can’t hire an attorney to file a “cyberbullying complaint,” your issue may fall under other torts, including: Why is cyberbullying illegal? The impacts of online bullying can be far-reaching. Laws and policies are intended to reduce those impacts and punish offenders. According to the Cyberbullying Research Center, 27.2% of 14-year-olds and 27.7% of 15-year-olds reported being cyberbullied in 2021. While it’s easy to argue that bullying is nothing new, cyberbullying can have substantial impacts on victims Many school policies encourage kids to tell a trusted adult if they face cyberbullying. However, teenagers are often reluctant to “snitch” on their peers. So if you notice any sudden changes in your child, make sure to talk to them about cyberbullying and let them know you can help if they’re being harassed online. If cyberbullying is a crime in your state, there’s a good chance minors could face charges in the juvenile criminal system. When it comes to juvenile offenders, states focus on rehabilitation rather than punishment. Depending on the extent and impacts of cyberbullying, a minor may face: Your child may not be the only one who needs a lawyer in a cyberbullying case. Many states have parental responsibility laws, which hold parents responsible for their children’s torts and crimes. Parental responsibility laws often apply to firearm access, car accidents, property damage, and internet crimes, including cyberbullying. If a court finds you responsible for your child’s cyberbullying, it may impose: If a court finds an adult guilty of online harassment or cyberbullying, the focus turns to punishment — not rehabilitation. Since online harassment is a misdemeanor, you may pay fines up to $1,000 and serve up to one year in prison. If cyberbullying harmed you or your child, you may need a local personal injury attorney to help you pursue damages. But if you or your child need a criminal defense attorney to address allegations of cyberbullying, this resource can help you get a criminal defense evaluation from a local attorney. "
Independent Contractor Misclassification: Explanation and FAQ,"If you’ve done contract or freelance work, you may have experienced situations where you felt as though you expected to work like an employee — but without the benefits. With the growth of the “gig economy” anyone from janitors, dock workers, to home health aides are at risk of experiencing independent contractor misclassification. Worker misclassification can be pervasive. It isn’t limited to small businesses or start-ups, as even large companies like Uber have been alleged to have wrongly classified their contractor workforce. Adopted by some companies as a business strategy, independent contractor misclassification almost always results in wage underpayment and diminished benefits, among other disadvantages. Knowing who an independent contractor is, how that varies from a traditional employee, and what you can do if you feel you’ve unfairly received independent contractor misclassification is central to determining your plan of action for fixing the problem. An independent contractor or “freelancer” is a self-employed individual or entity who works as a non-employee for another entity. According to the IRS, the operative factor is that independent contractors are in business for themselves. Here are the common types of independent contractors: An individual business owner who is offering services to other businesses is generally considered an independent contractor. Many companies will pay individuals/entities to perform work for them on a contract basis to avoid the costs and responsibilities that come with hiring employees. However, employers are not allowed to treat contractors as employees. The essential difference is how much control and independence the individual or entity have over the following factors: If these factors are controlled by the worker, then it is more likely that this type of job is an independent contractor relationship rather than an employment arrangement. It’s also important to note that state and federal regulations about who exactly constitutes an employee can vary. Classifying a worker as an employee or independent contractor is more about actual actions the worker and employer may take, rather than their intent. As a non-employee, an independent contractor must pay their own Social Security and Medicare taxes out-of-pocket. On the employer’s side, they are not required to provide independent contractors certain employment benefits such as health insurance and are ineligible for employer-sponsored retirement accounts that they might otherwise give to their standard employees. Hiring and retaining contractors is far easier and cheaper than recruiting full-time employees. Even if they’re paid at commensurate rates, contractors tend to be less expensive to retain. The reason for this is clear: They can’t legally demand fringe benefits, paid vacation time, insurance, or other perks that come with full-time status. You shouldn’t be confused about whether you’re a contractor or full-time employee. If you are, you can determine your status a few different ways, including: Independent contractor misclassification is more common than you might think. In fact, 10-20% of workers are misclassified as independent contractors, according to some estimates. It typically goes unnoticed by the worker until a work-related dispute arises. When an employer classifies a worker as an independent contractor even though they are treating them as an employee, it means that that the employer is not paying that worker’s share of taxes. So all of the income taxes, Social Security taxes, Medicare taxes, and unemployment taxes from that employee are not available in the overall social insurance pot for the broader workforce. If you’ve been misclassified as an employee, you can file an SS-8 Form with the IRS. If you believe that you need the IRS to properly determine your status as either an independent contractor or an employee, this determination usually takes the IRS about six months to ascertain. The allure of contract employees is strong enough to encourage some employers to bend or break the law. It’s not uncommon for smaller, cash-poor companies to require “contracted” employees to work in full-time capacities more typical of an employment relationship. While this arrangement is not technically illegal, it may invite closer scrutiny from the IRS. Depending upon the rules that the pertinent contractors are required to follow, the IRS or Department of Labor could well deem them to be “extra-legal” full-time employees. As such, the IRS could penalize the employer with back taxes. You can also file a lawsuit to claim unpaid wages and lost benefits if you feel you have a case against an employer who misclassified you as an independent contractor. If you feel this tactic has been a business strategy and that your employer intends on skirting the law through their actions, you may have a viable 1099 misclassification lawsuit claim. If you believe you might be subject to independent contractor misclassification, and need the expert advice of a professional to look at the facts of your claim, consider getting a free initial review from an attorney today.  "
How to Check My Criminal Record: A Guide,"Sometimes an employer or agency needs to run a background check. You may ask yourself, Do I even know how to check my criminal record? You’re not alone; people often don’t know their rights when it comes to their own criminal history, let alone the process for accessing this information. You’re entitled to get a copy of your criminal record (which is typically public information) to check for accuracy and completeness. In this article, you’ll discover what a criminal record contains, where you can find it, and who else has access to it. A criminal record typically contains basic identifying information about an individual and records of any criminal procedures. Most records include: Details of the conviction might vary across jurisdictions. Criminal information often includes: Knowing how to check your criminal record is key. The first thing to know when seeking a copy of your criminal record is that there is no universal, nationwide criminal record register. Rather, records are stored in many different local, state, and federal systems, depending on the severity of the crime, the arresting law enforcement agency, and the court where you were tried. Most felonies and severe crimes for which you were fingerprinted will have been reported to the FBI, and this is the best place to begin your search. To apply for a Criminal History Summary (also called an Identity History Summary), you must: While most felony convictions are reported and sent to the FBI, misdemeanor convictions are not always submitted. To get a record of your misdemeanors, criminal infractions, or even proof that you have no record, contact the state or local authorities in which the arrest or conviction took place (or, if you have no criminal record, your local jurisdiction). Typically, you can start by contacting the Department of Justice or state police department. For example, knowing how to check your criminal record in California requires you to apply to the Department of Justice to route your request. Fees, identification, documentation requirements, and forms will vary by state, county, and municipality. Most states will get your criminal record to you within two to four weeks. Your criminal history will typically indicate any record of misdemeanors, felonies, sex offender information, any court records, DUIs, parole violations, convictions, and sentences. It also notes any guilty or not guilty verdicts and whether there is an active warrant for your arrest. Knowing how to check your criminal record can be useful for any number of reasons. The reasons why you’d need to access this information include: You can contact the FBI directly for this information. Be sure to allow five to six weeks for processing and delivery. Government agencies can see your criminal record without your consent. However, employers and schools must obtain your consent before being able to access your criminal record. If you do not consent upon inquiry, you will most likely be declined from the job application. Beyond employers, access varies greatly among states. For example, in Georgia, felony convictions are public record and available upon payment of $15 and submission of the name and date of birth of the felon. There are also online services that sell what is publicly accessible for a fee, although these records may not be entirely complete. If you need help with looking into your criminal report, speak with a professional today about how best to obtain one. "
What Does Emancipation Mean?,"Before minor children reach adulthood, parents or legal guardians make decisions for them. Sometimes, minors can gain control over their lives earlier by seeking “emancipation.” Below, we’ll discuss the who, when, where, and how of emancipation, and answer the question, What does emancipation mean? An emancipated person is no longer under the financial, legal, or physical control of their parent or legal guardian. Common emancipation synonyms include liberation, release, or discharge. Minors get emancipated for a variety of reasons, including the desire to be independent, to escape an abusive or neglectful household, or even to access more federal student aid. There are general pros and cons to emancipation for kids and their guardians. The benefits of emancipation for a kid include: Drawbacks to being emancipated from parents include: Benefits include not being responsible for the bad behavior of the child and not having to pay child support to an ex-spouse. The drawbacks to emancipation for a parent include losing decision-making authority over their child, possibly losing a relationship with their child, and having to go to court throughout the process. The laws vary by state, but the minimum age to petition for emancipation can be 16, 14, or there may not be a minimum age at all. Usually, children apply to be emancipated from their parents. In rare instances, parents can apply to be emancipated from their children, such as when a child abandons the home and refuses to come back. What emancipation means is the same either way: There is no longer a legal duty for the parents to care for the children. Emancipation from parents occurs naturally when an individual reaches the ‘age of majority,’ or adulthood. In most of the U.S., the age of majority is 18. Exceptions include Alabama and Nebraska, where the age of majority is 19; and Mississippi, where the age of majority is 21. Other events can start the emancipation process, with the rules varying by state. The most common include military service, marriage, and financial independence. Under federal law, a minor can enlist in the military at 17 years of age with parental consent. In some states such as New York, enlisting in the military full-time automatically emancipates a minor from their parents. What does emancipation mean in a marriage context? State laws vary across the board. Many states set the minimum age to marry at 18, with exceptions for parental or judicial permission. In Kentucky and New York, a 17-year-old can petition to marry and will be emancipated automatically if and when permission is granted. In Arizona, a person between 16 and 18 years of age can marry either with parental consent or if they have been legally emancipated. Sometimes, all a minor has to show is financial self-sufficiency to qualify for emancipation. In Connecticut, if you are 16 years old, living apart from your parents (with or without their permission), and are financially independent, you can be granted a legal emancipation. Using Connecticut as an example, a 16-year-old can gain emancipation by showing “good cause” — meaning any valid reason other than the ones mentioned above — as to why emancipation is in their best interest. A judge can order emancipation without a request in very rare cases, such as instances of child abuse or neglect. In these instances, the minor usually ends up in foster care or as a ward of the court until further action is taken. Emancipation is a legal concept throughout the U.S. and in many other countries. The parameters vary by state. For example, Massachusetts courts do not have a formal emancipation procedure, but a judge can grant it if it’s in the child’s best interest. Generally, you can seek emancipation by filing a petition (like this form in Connecticut) in family court. The judge will hold a hearing where you can present and discuss evidence before a decision is made. You must show it’s in your best interest to be independent, and that there is no hidden agenda, such as a parent trying to avoid paying child support. Start by checking online for your state’s rules and procedures on emancipation, finding the appropriate family court in your jurisdiction, obtaining a formal emancipation form (if applicable), and proving the necessary conditions before the court. Required conditions under California law, for example, include: At the end of the day, it is up to a family court judge whether emancipation is granted. A judge may suggest alternatives such as family counseling or living with a friend or relative before granting emancipation. If you or your child are considering applying for emancipation, seeking guidance from an experienced family law attorney can help you consider alternatives and navigate emancipation in your state. "
How to Get Small Business Grants for Felons,"Having a felony on your criminal record can make finding employment difficult. Employment background checks can reach back many years. Though many businesses do hire felons, it may be more appealing to be self-employed. Starting your own business, however, requires start-up funds which can be hard to come by after serving prison time. The good news is both public and private entities offer grants and other funding for felons re-entering the workforce. Below are five helpful tips on how to get small business grants for felons. Both loans and grants are methods of lending money. Loans must be paid back, often with interest, and can generally be used for any reason. Grants are issued to carry out an idea and are usually competitive. They do not have to be paid back unless you violate the terms, which is why they are often described as “free grants.” For felons just re-entering the workforce, this can be a relief. Grant programs still require a lot of work — for example, the federal grant life cycle includes an application process for each funding opportunity, the award, and a post-award reporting and closeout process. Do you have creative skills, like building furniture, drawing, or writing? What about landscaping, construction, or driving? Websites like HireFelons.org provide ideas for felon-owned businesses if you need inspiration. These days, almost anything can be monetized, especially if you have an online presence. Organizations like Inmates to Entrepreneurs offer courses on pursuing self-employment after incarceration and tips for accessing grants for felons, and success stories pertaining to all sorts of business ideas. You can even start taking courses before you’re released from prison. While you may already have skills you can leverage into a small business, you may also want to learn new ones. The Pell Grant program offers educational assistance to ex-convicts and has expanded to include some currently incarcerated individuals. Having a business plan is the first step in applying for a grant. Grant programs want assurance you are serious about your idea. It just takes planning and research at the outset. Small business plan templates and planning tools are available online. They may seem like a lot of work, but the more detail you put into your plan at first, the more prepared you will be in the grant application process. Most business plans include: Search for state or local programs that help formerly incarcerated individuals create business plans, such as the Florida-based LEAP program, which helps female felons re-enter the workforce, or small business development centers located around the country. Many websites aggregate information on small business lending for felons, such as Help for Felons or Free Grants for Felons, where you can search by state. The most common business funding options for felons are federal grants, second chance grants, private grants, and angel investors. The U.S. government has recognized the value of helping felons get their businesses running after being released. Their main grants website is full of information on qualifications, funding opportunities, and the grants application process. There are also microloans and other assistance measures available from the Small Business Administration, which must be repaid. The terms “second chance” and “fair chance” are synonymous with workplace re-entry assistance across the U.S., usually through state- and local-level or large firm initiatives. Searching online for second chance grants could yield helpful results, such as Virginia’s second chance assistance programs. Check out your state and local chambers of commerce to learn about funding sources in your area. Depending on the nature of your business, there may be a private grant available. Free Grants for Felons has a list of private grant opportunities such as the Doris Day Animal Foundation grant for felons who want to help animals. Large companies like FedEx offer competitive funding for small businesses. Search online for other private grant opportunities. Angel investors are former entrepreneurs who invest their own money in new business ventures in exchange for partial ownership. They often serve as mentors to the business founders given their successful backgrounds. The challenges to finding angel investors include sometimes needing a sophisticated business plan, existing customer base, and other aspects of a fully formed business, such as an exit strategy. One benefit to angel investing is that you don’t have to pay back their investment if your business fails. Remember that the grant application process is competitive. Don’t be discouraged if you don’t succeed in your first application. The good news is that you can use the same application materials more than once — so apply to as many grant programs as you can. If you’re seeking funding for a business idea, an experienced business attorney can guide you through the grant application process. Get your business idea off the ground today. "
What Is Breach of Contract?,"Ever made a deal with someone who didn’t hold up their end of the bargain? Or, maybe you’ve failed to perform your end of a contract, and you’ve been sued for a breach. So, what is “breach of contract?” Below are examples of what this is and your legal options in certain hypothetical situations. First, what is a contract? A contract is a legally-binding agreement, meaning it can be enforced by a court. There are three elements to a contract: One party to a contract makes an offer, the other party accepts it, and they agree to trade something of value (“consideration”) for the good or service being rendered. For a contract to be valid, and therefore enforceable, you need all three of these elements. The following factors can make a contract invalid: If you do have a valid contract, and one party doesn’t perform, they may have committed a breach of the contract. Simply failing to deliver does not fully describe what a breach of contract is. There are three main categories of breach of contract: Material, minor, and anticipatory. A ‘material’ breach of contract, also known as a fundamental breach, occurs when a party gets something “substantially” different under the contract than what they were promised. A ‘minor’ breach of contract, also known as a non-material breach, occurs when some non-essential portion of the contract was left incomplete. This can often occur when a contract is fulfilled late. An ‘anticipatory’ breach of contract, also known as anticipatory repudiation, occurs when it becomes clear a party won’t perform their part of a contract, but the actual breach has not happened. It can be material or minor. A non-breaching party may try to terminate the contract, avoid unnecessary expenses, and pursue damages before a material breach. Suppose you close on a house, but the seller refuses to hand over the deed and keys to the house. This would be a material breach of contract since the keys and the deed are an essential part of the transaction. Or, say you ordered 100 pairs of tennis shoes for your business, and the vendor sent 100 pairs of soccer cleats. If the vendor refused to refund you or correct the error, it would be a material breach since tennis shoes and soccer cleats are substantially different. For instance, you agreed to have your walls painted french white in an eggshell finish, but the painters used a satin finish instead. This would likely be a non-material breach because the painting was done and in the correct color – but the finish was off slightly. You may still have a case if there are costs associated with repainting, or you are charged for the more expensive finish. Let’s say you own a bookstore and you ordered $1,000 worth of hardcover books. You were shipped $1,000 worth of softcover books instead. What is the breach of contract here? If they were otherwise the correct titles, it may be viewed as a minor breach unless there are special circumstances. If, for example, you had an author signing and they would only sign hardcovers, you may be able to claim damages. Additionally, performing a contract late is usually considered non-material, unless your contract states your deadlines are firm and non-negotiable, or “time is of the essence.” You’d still need to prove late performance cost you or harmed you to seek damages. Using the housing example, say the seller tells you one week before closing they won’t hand over the deed or keys. What is the breach of contract here? They haven’t technically breached yet, but it’s clear they will. Another example would be the hardcover versus the softcover books you ordered for your store. The vendor takes your money and tells you they’ll ship you the books. But a week before they’re supposed to be there, they tell you they’re shipping softcover books, and won’t refund you. What’s next if you breach a contract? Typically you or the other party would go to court after a breach if you can’t work it out yourselves. A lawyer looks at several factors before taking on a breach of contract lawsuit: There are two general ways to remedy a breach of contract: Seeking equitable remedies or legal remedies. What is breach of contract going to cost you, aside from monetary sanctions? Equitable remedies require some sort of action or change of the contract when money is not enough. A court can award one of several remedies: What is a breach of contract legal remedy? Legal remedies usually take the form of ‘damages,‘ which are sums of money awarded to a winning party to compensate for the harm they suffered as a result of the breach. “Compensatory damages” put the non-breaching party in the position they would be in if the contract was performed. For example, the non-breaching party could purchase a replacement product if the correct one wasn’t delivered. The damages must have been foreseeable and the non-breaching party has a duty to ‘mitigate‘ their losses. “Liquidated damages” are pre-calculated in a contract when actual damages would be hard to calculate. A ‘non-compete contract‘ is a common example (however — as with other areas of contract law — not all states will enforce non-compete clauses in contracts). “Punitive damages” are meant to punish the breaching party for an intentional or malicious breach of contract. Additionally, attorneys fees and court costs can sometimes be awarded to a winning party in a breach of contract lawsuit. Are you still wondering, what is breach of contract supposed to look like? What does breach of contract mean in my situation? Your next step is to contact an experienced business attorney who can offer guidance. "
What Is Racketeering?,"You may be familiar with racketeering in the context of prosecuting mafia groups like the Genovese and Gambino crime families and the Chicago Outfit. In addition to numerous prosecutions of organized crime, authorities have brought racketeering charges against groups like the Hell’s Angels, the Los Angeles Police Department, and Major League Baseball. Racketeering charges have brought down corrupt politicians like Rod Blagojevich and financial fraudsters like Michael Milken. But what is racketeering, exactly? Unlike most other crimes, racketeering refers to a pattern of illegal activity as part of a larger enterprise and not one specific crime. This makes it similar to the crime of ‘conspiracy,’ which requires criminal action by two or more people. Racketeering involves well-organized groups of people conducting a pattern of illegal business activities for profit. It is codified in federal law at 18 U.S. Code Chapter 96: Racketeer Influenced and Corrupt Organizations (RICO). One well-known example of a RICO scheme is a ‘protection racket,’ where a gang offers protection for businesses against vandals and punishes non-payment with violence or vandalism. However, racketeering is far broader than this; many types of crimes can fall under the definition. To be convicted under RICO, an individual must have: RICO allows prosecutors to tie crimes together that further a criminal enterprise in order to enhance the penalties. For instance, a person who breaks two windows in furtherance of a protection racket’s agenda would face more severe penalties than if they had merely engaged in the acts as an isolated event. RICO also provides a means for parties damaged by a criminal organization to pursue compensation. Victims can bring civil lawsuits against individuals, businesses, or groups for damages they suffered due to the criminal organization’s actions. Both federal and state laws allow significant multipliers on recoverable damages, i.e., a victim may be entitled to recover three times the amount of their actual damages. Federal law lists more than 35 crimes as predicate acts, including: Many more offenses can support a charge of racketeering; definitions in 18 U.S. Code § 1961 set out more than 50 specific offenses and several catch-all provisions. Most states also have RICO laws listing additional offenses under a similar prosecution framework. For RICO to apply, a person’s criminal actions must be related to a ‘racketeering enterprise.’ This can be a criminal organization like a crime family, street gang, or drug cartel. A legitimate corporation or other non-criminal association like a corporation, political party, or managed care company can also be the enterprise through which individuals commit racketeering crimes. For example, an organization campaigning for a new law may have many innocent members who genuinely believe in its mission, along with individuals using it to embezzle funds. The third requirement is a pattern of ‘racketeering activity.’ This requires two underlying acts within 10 years and evidence that the acts are related to or threaten continued criminal activity. Examples include: Racketeering charges will likely apply to many other situations as the world’s criminal landscape changes. Although RICO was enacted mainly to prosecute organized crime, mafia-type groups are no longer as powerful and prevalent as they were in the 1970s and 80s. However, federal prosecutors continue to use the racketeering statutes to combat crime. Examples of recent prosecutions include: Racketeering enterprises like the mafia, street gangs, and human trafficking organizations are often brought down after large-scale investigations by law enforcement. However, RICO prosecutions also depend on information and testimony provided by individuals. Individuals and organizations such as political action committees, street gangs, protest groups, terrorist organizations, and financial organizations are the subject of ongoing RICO investigations. These groups can have many members who do not knowingly participate in or support their illegal activity. People who become aware of criminal activity in their organization are protected from retaliation or harm if they “blow the whistle” about racketeering. They may also be entitled to compensation if they have suffered damages. RICO no longer has a set penalty. Current federal sentencing guidelines assign values to every federal crime using a point system of 1 to 43, representing escalating baseline prison terms and fines. RICO offenses are initially assigned a 19 or the level of their highest predicate crime, whichever is greater. For example, making a payment to obtain public office usually has a base level value of 8 points. If this is one of the predicate crimes used for a RICO charge, it will escalate to 19 points. On the other hand, first degree murder has a base value of 43, which would stay the same. The guidelines provide conditions that can increase or decrease the penalty schedule and allow some judicial discretion. Prison terms can vary significantly from case to case. This is because sentencing takes into account many factors, including the circumstances of the crime, the defendant’s criminal history, and the damage to the victims and society at large. A convicted defendant faces a maximum penalty of 30 years to life imprisonment for each count of racketeering. They can be fined up to twice the amount of their illegal profits. They also forfeit all rights in the enterprise (such as their elected office or stock shares) and profits from the racketeering activity. This helps protect the public from corrupt individuals returning to criminal activities in different roles. Now that you can answer the question, What is racketeering? you’ll know what to do if you suspect that you may have information about a racketeering organization. If you’ve been charged with a racketeering offense, consult with a criminal defense attorney. These situations can be complicated — and sometimes dangerous. An attorney can help protect you. "
What Is Legal Aid?,"If you need legal guidance but can’t afford to pay full price for an attorney’s help, you may benefit from working with a legal aid society. This guide answers the question, “What is legal aid?” and provides links for resources in each state to make the process of getting the help you need as easy as can be. Legal assistance organizations help people to navigate pressing legal problems. These organizations provide free and low-cost legal services for people in need of professional assistance. Most nonprofit legal services organizations only serve low-income individuals, families, and communities, but this isn’t always the case. Many lawyers who practice in for-profit firms volunteer their time at these organizations, while other attorneys may be employed by a society full-time. Just as nonprofit organizations serve other needs of the community on a free or low-cost basis, legal aid organizations fulfill a need for free and low-cost legal services. Before you begin working with a legal assistance organization, you may be placed on a waiting list. Nonprofit organizations only have so many resources to share and legal assistance programs may not always be able to provide professional guidance immediately. Once you’re accepted as a client, you’ll work with a lawyer just as you would if you hired a private attorney. The Sixth Amendment to the U.S. Constitution guarantees the right to a lawyer in criminal cases. If a defendant can’t afford to hire private legal counsel, an attorney will be appointed to represent their interests. No such right exists in civil matters. If someone is facing legal difficulties unrelated to criminal charges, they can hire an attorney, represent themselves, or seek free or low-cost legal assistance. Legal aid societies provide different kinds of assistance for the communities they serve. Many offer legal guidance concerning the following legal issues: While these are some of the most common services, programming can vary by organization. Reach out to local aid societies to ask about their offerings and eligibility criteria before making any assumptions about whether you can benefit from low-cost or free legal assistance in your area. The state legal aid resource links provided below can get you started. Eligibility for legal assistance programs varies, and many programs are only available to people who meet low-income thresholds. Some programming, however, is more widely available. For example, the San Francisco County ACCESS Center is open for anyone in need of certain kinds of legal assistance. This program provides assistance for small claims matters, name changes, and other minor civil matters. By contrast, some programs are only available to people who meet highly-specific eligibility criteria that don’t relate to income. For example, many programs across the county cater specifically to older adults, veterans, or Native Americans. As eligibility criteria varies for each program, just as the services provided by each program vary, you’ll want to research your options carefully before signing up as a client of any particular legal assistance organization. If you can’t find any legal aid organizations that meet your needs, know that many states offer “self-help” resources that may benefit you. Some state governments provide free and low-cost legal assistance resources, while residents in many states rely solely on nonprofit organizations for this kind of professional guidance. To start researching the options available where you live, click on the link for your state listed below: Connecticut Judicial Branch Idaho Law Association The State of Massachusetts Minnesota Judicial Branch Understanding “What is legal aid” may not be enough if you’re in urgent need of professional guidance. Consider requesting a free evaluation of your case from a local attorney. "
What Is Discovery in Law? A Guide for Non-Lawyers,"If you’re facing litigation, you may be wondering, What is discovery in law? The term ‘discovery‘ refers to the lengthy, often-invasive pre-trial investigation phase in which parties request evidence from each other and outside sources. Discovery is a powerful part of a lawsuit. It levels the playing field by requiring parties to share evidence with each other. Another way to describe what discovery is in law: The unearthing of revelatory information, often changing the entire trajectory of a case. Parties may drastically change their legal strategy based on what they find in the process. Where does discovery fit in a lawsuit? Though trials can have many possible combinations of steps, discovery always takes place between the filing of the complaint and the trial itself. Parties must wait for the discovery planning conference to begin requesting information. A rough, general timeline may look like this: What can be requested through the discovery process? Anything that pertains to an issue in the lawsuit, besides privileged material, is fair game. For example, financial records may be requested in a business dispute. If the case involves injuries in a car crash, lawyers may want medical records or even social media posts suggesting a litigant was not actually injured. Depending on what the discovery is, in lawsuits, the steps generally include making a request, waiting for relevant information to be produced, and sorting through the information for admissible evidence. Court rules govern how long a party has to respond to discovery requests. Discovery in federal court is governed by the Federal Rules of Civil Procedure and is quite broad. Federal district courts have their own local rules which limit or clarify the federal rules. Special administrative bodies provide their own rules as well, such as the Merit Systems Protection Board discovery procedures for federal employment hearings. State courts have their own procedural rules which can be accessed online, such as on the Tennessee court system’s website. It may be helpful to differentiate between toolsof discovery, or ways to request information, and types of information sought through discovery. The tools of discovery can take one of a handful of forms: Parties can’t seek unlimited information in discovery. For example, federal local rules can limit the number of depositions, interrogatories, or other tools used to keep discovery from lasting too long. Evidence sought through the discovery process can include: Many courts have “mandatory disclosure rules,” meaning parties must send each other certain information at the start of a lawsuit without even being asked for it. This can include the name and contact information of anyone who may have information pertaining to the case, a copy of the discoverable information a party already has, calculations of damages, or certain insurance agreements. The Texas court system, for example, has more extensive mandatory disclosures. Now you have an idea of what discovery is. In law, however, there are exceptions to everything, including the broad nature of discovery. Parties are limited in what they can request. If a requesting party oversteps, the other side can ‘object‘ — by filing a motion — or a judge can limit discovery without being asked. The following privileges are the most common limitations on discovery. Private communication between an attorney and client is protected under ‘attorney-client privilege.’ There must be an attorney-client relationship and the communication must not have been overheard by a third party (or else it’s not private!). The concept of ‘marital privilege‘ protects private communication between spouses, and spousal testimonial privilege can be invoked to refuse to testify against a spouse. ‘Doctor-patient’ or ‘physician-patient confidentiality‘ protects conversations between a doctor/physician and a patient in a professional setting. A physician’s impressions of a patient’s state outside of a professional setting may not be protected. Documents “prepared in anticipation of litigation,” also known as ‘attorney work product,’ are protected from discovery. This protects mental impressions, opinions, conclusions, or legal theories about the case from the opposing party. This type of privilege can be waived or overcome in certain circumstances. Medical privacy laws such as HIPAA and its Privacy Rule prevent the mass gathering of a litigant’s medical records. Medical records pertaining to a substantive issue in a case can be discovered, though the discovery involves many steps. Other materials may be protected under general privacy concerns if they are not immediately relevant to a key issue and aren’t commonly shared with people outside of a close group. This could include health and body issues, or religious or sexual practices. Electronic information can be protected from disclosure if the party in possession of it shows it would be unduly burdensome to make the information accessible. Other information may not have to be disclosed if it meets one of the following criteria: What if you get privileged information accidentally? The federal rules state you must return or destroy the information and you’re not allowed to use it, even if you’ve already seen it. No matter what, discovery is — in lawsuits related to personal injury claims, in particular — a complex, time-consuming, and expensive process. Your best bet is to seek a case evaluation from an experienced attorney to know what to expect from the discovery process. "
What to Do If You Lose Your Social Security Card,"The unthinkable just happened: You lost your Social Security card when you needed it most. So, what do you do if you lose your Social Security card? It’s important to be prepared ahead of time in case you lose important documents that contain personally identifiable information. Knowing what to do when you lose your Social Security card can help prevent additional headaches, such as identity theft. If your wallet or purse was stolen, file a report with your local police department and call the Social Security Association (SSA) at 1-800-772-1213 to request a replacement. If you’ve lost your Social Security card, you’re not alone. It’s a more frequent occurrence than you might expect. Even though you may not carry it around with you every day, you’ll probably need it if you’re starting a new job, collecting government benefits, or for identification purposes. However, there are limits to how often it can be replaced. You may replace your Social Security card up to 3 times free of charge annually and up to 10 times in your lifetime. Exceptions to this rule include: If you can’t find your Social Security card, the My Social Security account website can walk you through the steps for getting a replacement card. To get a new Social Security card, you must comply with the following requirements: Furthermore, you need to complete the following three steps to get a new Social Security card: If you are not a citizen, what do you do? If you lose your Social Security card, you need to show that you are permitted to live and work in the United States to get a replacement. Required documents include one of the following: Unless you’re applying online, the short answer from the SSA for standard applications is 10-14 business days. This assumes that all the required documents have been provided (either originals or certified copies) and that there is no backlog of replacement card requests already in their system. If there is a backlog, the waiting time may take up to four to six weeks. So, what do you do if you lose your Social Security card and you need some sort of proof that you have it? If you need the card quickly for employment or a legal matter, request from the SSA a letter stating the replacement application has been filed and the letter can be used until the replacement card is received. In addition to getting a new card, there are other proactive measures to take if you lose your Social Security card. First, reduce any possibility of identity theft by leaving your card at home. Credit cards, bank accounts, checking accounts, and most other forms of personal identity can be reissued with new account numbers &mdash everything except your SSN, which you keep for your entire life. To help guard against the possibility that an identity thief gains access to your Social Security card, consider taking these preventative measures: Once you have taken all recommended actions, you might want to routinely monitor your financial reports for unusual activity and keep your Social Security card in a safe location at home or in a safe deposit container with other sensitive documents. If you have lost your Social Security card or have related legal questions, an attorney can help. Schedule a free legal evaluation today. "
7 Ways to Legally Void a Contract,"U.S. law defines a contract as a legally binding agreement that places mutual obligations on the involved parties. Failure to stick to the terms of a contract can result in serious consequences. So, what happens if you have a legally binding contract — for example, a cell phone contract — that you no longer wish to adhere to? Legally breaking a contract can be difficult, but it is not impossible. The process of how to get out of a contract legally is referred to as “voiding” the agreement. Voiding a contract means the contract no longer has any force or effect, and that no party remains bound by its terms. In our guide below, we’ll share how to void a contract legally. When you’re trying to figure out how to rescind a contract, you must first determine if the contract is valid. Contracts require certain elements to be legally valid. Absent these requirements, some contracts are immediately voidable. Check if your contract includes these basic elements to see if it will hold up in court: Legally valid contracts require “legal capacity” from both parties. Parties must be both old enough to enter into a contract and mentally capable of understanding the contract terms. In most states, the legal age of majority is 18; however, in Mississippi the legal age is 21, and 19 in Alabama and Nebraska. Most states allow individuals to be legally “emancipated” by their state if they have the mental capacity, don’t live with their parents, can support themselves, and meet specific state guidelines for emancipation. A contract is not legally binding simply because someone is of majority age; it also depends on the type of contract. For example, a person may be able to purchase a car at the age of 16. However, they won’t be able to qualify for an auto loan, register a title, or get insurance until they’re 18. U.S. law does not recognize juveniles (those under 18 in most states) as having the legal capacity to enter into certain contract negotiations until they reach the age of majority. If they do enter into a contract as minors, U.S. law holds that the contract is not binding and thus voidable. Another cause to void a contract is “duress.” If you can prove that you would not have entered into a legally binding agreement had it not been for a threat or coercive tactic used by the other party to the contract, you can usually convince a judge to annul the deal. The cooling-off rule allows people to cancel certain sales contracts within a few days after signing. The Federal Trade Commission (FTC) states that consumers have three days to cancel (for a full refund) the sale, lease, or rental of consumer goods or services with a value of at least $25 outside the seller’s normal business. This FTC rule does not apply in certain circumstances. For instance, it doesn’t include sales made online or through the mail or telephone. It also doesn’t apply to sales at temporary locations that are under $130. Read your notice of cancellation rights for more details. It pays to check your contract carefully. If you have signed a waiver of the right to cancel, there is a good chance that you cannot use the 3-day cooling-off period to break a contract. Is there a “mistake of fact” in the contract? For instance, did one or both parties misunderstand essential terms of the contract to mean one thing when the other party meant another? If so, you may be able to void a contract. For example, if the contract identifies a vehicle with an odometer reading of 8,500 miles when in fact the number should have been 85,000 miles, you can argue that this mistake of fact voids the agreement. Or, was there a “mistake of law” in which someone misinterprets the law and thus signed the contract based on that mistaken interpretation? Unlike a mistake of fact, a mistake of law is not easy to prove, as it can be difficult to show that an innocent person was misled. A mistake of law only becomes a valid reason to void a contract when someone: In some cases, both parties may agree that a contract is no longer favorable. If the contract is no longer being followed, or can’t be performed, parties may mutually consent to terminate the agreement. Contracts can be formally voided in writing. If one party materially “breaches the terms of the contract“, the other party may be able to break the contract. Breaching can mean, for example, that a person fails to deliver goods or services as promised, or fails to pay on time. A breach can also occur through violation of non-disclosure agreements and violation of non-compete agreements. Contracts can be complicated, and the process of how to void a contract will depend on the terms and circumstances of the agreement, your age, mental capacity when you signed the agreement, and more. If you have questions about the validity of your contract or want to know if it can be voided, contact an experienced attorney for a free legal review. "
What Is a Demand Letter?,"It’s a common belief that legal disputes are resolved within the four walls of a courtroom. In truth, most disputes are settled before a judge or jury is asked to decide a case. Sometimes, the process of resolving a dispute begins with a “demand letter.” Informal emails, phone calls, and postal mail can be used to inform one party that another believes something is wrong and should be righted. What is a demand letter and how is it different from any other communication? A legal demand letter informs one party, typically a person or a company, that a problem exists and that taking specific steps could efficiently resolve the concern described in the document. These steps may involve acting in a certain way, such as paying an overdue balance. Or, they may involve stopping something that is already happening, such as trespass onto a property owner’s land. These letters usually outline what consequences could result if the receiving party doesn’t right the perceived wrong. The purpose of a demand letter is usually to try and resolve a dispute before taking legal action becomes the next logical step. If the sender of a demand letter can get the recipient to do what they want, they could potentially avoid having to file a lawsuit, write a formal complaint, or take other action. While demand letters are usually drafted by lawyers, they can be written by anyone. These legal tools are almost always used in civil, rather than criminal, matters. This is because prosecutors and law enforcement officers typically don’t warn individuals that continued lawbreaking will lead to consequences, they simply arrest offenders if probable cause exists. Many kinds of legal concerns and disputes may be identified and potentially resolved by a demand letter. This is why the issue of What is a demand letter? is a little complicated. Yes, the basic purpose of all demand letters is the same: To get someone to do something or to stop doing something. But demand letters can be structured differently and contain different terms depending on the legal issues they’re addressing. Common reasons why lawyers draft demand letters involve: Demand letters and responses can also create a paper trail. They can be used as a tool of negotiation when trying to avoid a lawsuit. They may be used to persuade someone that avoiding litigation is in their best interests. And they can serve as evidence of the efforts made, or not made, by both parties to resolve the issue in question if a lawsuit related to the underlying issue is ever filed. Demand letters may be sent via postal mail or electronically. There is no single structure or format that is used to draft a letter of demand. But, most contain the following elements: If a legal demand letter has been sent to you by someone who believes that you’re violating a law or failing to follow through with an obligation, you shouldn’t ignore the demand. You should carefully consider what the sender is insisting upon and ask yourself whether the request is worth honoring. Be careful before you either take action or decide to do nothing. Some people use demand letters to intimidate or coerce others. They aren’t always sent in good faith. Sometimes, doing nothing is the best course of action after receiving a demand letter. But, depending upon what the sender is threatening to do if you fail to comply with their request, you could face a lawsuit if you ignore their demands. A demand letter doesn’t serve as notice of a lawsuit but it could be the last warning you’ll receive before you get sued. Some legal demand letters are reasonable and easy for the receiver to honor. If you’re fine with the suggested remedy, make sure to let the sender know that you plan to comply with their request. If you have questions about the suggested remedy, ask for clarification so that you can make informed choices about your next steps. If you’ve received a communication that matches this general description and you’re unsure of your options, it may be time to speak with a lawyer. It may also be beneficial to speak with an attorney if the demand letter appears to be a scam. If the facts articulated by the sender are inaccurate, if the demands made by the sender are unreasonable, or if the letter is truly threatening, the communication may be an attempt to defraud you. If understanding What is a demand letter? helps to clarify your situation but doesn’t meet all of your legal needs, speak with a lawyer. If you’ve received a demand letter and need to plan your next steps, request a free case assessment today. "
How to Expunge Your Record: Guide and FAQ,"Having a criminal or arrest record can make some of the basic functions in life more challenging. From securing a new job, renting an apartment, or gaining custody of your child, your criminal or arrest record may lead to some uncomfortable conversations about your past. The good news is that you may have the option to have your record expunged. Our guide and FAQ below will detail the steps you can take to start the process and will also address some frequently asked questions about how to expunge your record. Expungement means to erase or obliterate. In law, it refers to the process by which a criminal or arrest history can be destroyed or sealed from the record. Virtually all states have enacted laws allowing people to expunge criminal and arrest records, but specific expungement laws vary from state to state. Once a history is expunged, it doesn’t need to be disclosed to employers, landlords, or schools. So how do you start the process? Here’s an overview of the steps involved in getting an expungement. It’s essential to obtain a comprehensive background check report before starting the expungement process. The information found on background reports used by employers, landlords, and school admissions departments comes mainly from public records. However, it’s not always clear what gets included in a background check. Information about passing bad checks and credit card fraud may be included in consumer credit reports, while juvenile records may not show up as some states automatically seal or expunge them. That’s why it’s important to first check to see what shows up on your report. In many states, you’re eligible for expungement only after serving your entire sentence, including probation. Some states also require waiting periods during which you remain crime-free, before you can apply for expungement. For instance, if you’ve been convicted of a non-violent misdemeanor in Arkansas, you may have to wait 60 days after completing your sentence before seeking an expungement. In contrast, if you were convicted of a violent crime, you will likely have to wait 5 years and 60 days after completing your sentence to seek an expungement. During this waiting time, you can’t commit any other crimes. A lawyer can help you determine whether you meet your state’s eligibility requirements. If you’re eligible for an expungement, you’ll need to file a petition with the courthouse to have your record expunged. In your petition, you’ll need to provide an explanation as to why your petition should be granted. You’ll also need to pay a fee and will also usually be required to schedule a hearing with a judge who will review your petition. Paperwork requirements vary from state to state but they may use different terminology to refer to expungement and they may have specific rules on what to file and who to serve that vary among states. For example, in California you would file a Petition for Dismissal, but other states like Illinois you would file a Request to Expunge your criminal records. If you’re worried about how to expunge your record, a lawyer can increase your chances of success. A lawyer who’s licensed in your state will be well-versed in the requirements and will be able to help you to fill out your paperwork correctly and get it submitted via the proper channels. If you’re wondering how to expunge your record or seal it, you should know that there’s a difference between the two. Sealing a record means your record will be closed from public view. The record will still exist, but employers, landlords, and others won’t be able to access it. Sealed records can still be opened by court order, as for use in a later court case. Expungement means your record is treated as if it no longer exists. Your criminal file would be removed from public records entirely, rather than just sealed. States have enacted differing rules about sealing records and expungements. Some jurisdictions allow comprehensive expungement, which means that a judge will issue orders to reporting agencies and even law enforcement departments to seal the petitioner’s court, arrest, and investigative records. Other jurisdictions will offer Certificates of Actual Innocence, which are helpful when arrest records can’t be sealed. In some instances, your state court may request you to fill out a Petition for a Certificate of Innocence to request the actual Certificate of Innocence. Contact your state court for details. Some states have different views on what can be expunged from criminal records. For example, some will allow for expunging misdemeanor offenses, but not felonies. Not all criminal offenses can be expunged; most jurisdictions will not allow murders and aggravated sexual offenses to be concealed from background checks. Some states also restrict the expungement of driving offenses, such as DUIs. Virtually all expungement proceedings occur in state courts. It’s very rare to obtain an expungement from a federal court. This is because there is no federal statute that governs expungement, although some jurisdictions may recognize an inherent authority for courts to expunge records in limited situations. Consult with an attorney in your area to see whether this may apply to you. The majority of expungements are usually granted for juvenile records. Some states allow adults to get their records expunged, while others don’t. Details on how to expunge your record vary, as each state has its own process. Some states require fees for filing expungement paperwork, while others allow you to complete the process for free. In situations where you were arrested but not charged, charged and dismissed, or acquitted, you may be eligible to have your records expunged free of charge. An arrest is when an individual is taken into custody upon suspicion of a crime. A conviction is a formal declaration of guilt in a criminal case that a judge or jury decides. The time needed for an expungement depends on many factors, including how fast your case is docketed, your jurisdiction, the number of pending claims, whether there are objections to the petition, and other essential factors. In most cases, an expungement takes six months or longer. The state is given a period of time to object to the petition for expungement, usually around 60 days. The amount of time an expungement takes depends on many factors. However, you can expedite the expungement process by gathering relevant information and filing your paperwork promptly. The expungement process will depend on the court’s calendar, the number of pending cases, the jurisdiction, whether any objections have been filed, and other factors that may be out of your control. With a pardon, the executive branch of the government forgives you for your crime. A pardon will free you from the obligations of your sentence. This does not necessarily mean the crime will be wiped from your record, as with an expungement. In some states, but not all, a pardon does include an expungement. In states that do not include expungement, you’d need to apply separately to have your record expunged after being pardoned. An expungement can help you seal or destroy a criminal record, but it’s not always a straightforward process. If you’re wondering how to expunge your record, an experienced attorney can answer any specific questions you may have about the expungement process in your state. Get the process started with a free legal review today.  "
How Does a Cell Phone Contract Work?,"Cell phones are everywhere these days, and each person that uses a cell phone has some version of a cell phone contract. These mini-computers are complex — but understanding how your contract works doesn’t have to be. Check out the following information on what a contract is, what you can expect in your phone contract, and what to know about terminating a contract early. It may help to break down what a contract is in the first place. Without getting into the legal details, the most common type of contract is where one party agrees to pay another for a good or service. Contracts can also be called “agreements,” “plans,” or other names. Once you sign a contract, it’s hard to get out of it. It is well-established in contract law that breaking a contract early leads to penalties. Nobody wants to read lengthy terms and conditions, but always try to read a contract fully before signing. Federal law regulates the telecommunications industry generally, but specific laws governing contracts with cell phone companies are in the states’ hands. Did you know when you purchase a cell phone and set up service, you may be entering into two contracts? The first is your agreement to purchase a phone and make installment payments until it’s paid off. The second is your cell phone plan, also known as a “customer service agreement.” Among other details, this contract spells out: It may help to think of cell service contracts in terms of either “prepaid” or “postpaid.” Prepaid means you pay in advance for a set amount of calling, texting, or data usage, and you aren’t locked into a long contract. Postpaid plans usually require you to sign a contract for a length of time, the most common being two or three years, in which you pay a monthly fee for service. Phone service contracts are generally one-size-fits-all (known legally as ‘adhesion contracts’), but some negotiation may be possible. It’s always worth asking whether your carrier will price–match or throw in extras to keep you as a customer. Your contract may also incorporate additional documents. For example, the Verizon customer service agreement refers to separate service terms and conditions. By signing your contract, you are agreeing to the terms and conditions, even if they are in a separate document. Don’t worry — providers are required to make every part of your contract accessible to you. Common terms of a mobile phone service contract include the following: Your provider should clearly state how long the contract lasts. Signing a 36-month contract? If you have plans to move out of the country in a year, or you like to upgrade your phone quite often, that length of time may not work for you. Know what you’re getting into before you sign. Many contracts include forced arbitration clauses, meaning you agree to settle disputes with the provider through a neutral third party, or arbitrator, rather than in a lawsuit. These clauses may allow you to file a claim in small claims court, but you won’t have a lawyer or a jury. Most contracts require you to pay early termination fees (ETFs) if you cancel your service before the length of the contract has run. ETFs can be hundreds of dollars. Some carriers may prorate ETFs based on the amount of time remaining. In other words, your ETF may be higher if you cancel with 10 months remaining on your contract than if you cancel with 4 months remaining. Note that if you switch providers, some may offer to pay your ETFs from your old provider to lure you to their service. With a month-to-month plan, you decide on a monthly basis whether you want to continue with your current cell provider or switch carriers. You won’t be tied to a long contract but will have to agree to other terms and conditions of using your provider’s cell service. However, if you purchase a phone and agree to pay it off in installments, you would need to enter into a contract for the phone purchase. “Pay-as-you-go” plans, or prepaid plans, require no contract because you make a one-time payment for a set amount of service to use. A contract may be required for postpaid pay-as-you-go, because you would agree in advance to rates and other conditions. If you’re not impressed with your cell service or think you’re paying too much, you might be wondering how to switch cell phone carriers without paying an ETF. Consider these strategies for ending a contract. Another suggestion: It never hurts to simply ask. Speak to a customer service representative and be polite, but firm. Tell them why you’re having problems with your service. Ask to speak to a higher-level employee if your current agent says no or doesn’t have the authority to cancel your contract for free. If you are wondering how to get out of a phone contract, it may be a good idea to seek the advice of a business attorney who can review your contract and advise you on next steps. "
What Is a Felony Charge?,"Most of us have watched TV legal dramas and wondered, What is a felony charge? A felony is a type of criminal act more severe than a misdemeanor. People convicted of felonies are labeled “felons,” a distinction that can last for a long time. For instance, a felony conviction on a criminal record can jeopardize rights like voting or possessing a firearm even after the felon’s debt to society is paid. Felonies are serious crimes punishable by one year or more incarceration and other penalties, including forfeiture of some rights after jail time is served or fines have been paid. Misdemeanors are less serious offenses punishable by less than one year in jail and smaller fines. It is easier to get a misdemeanor removed from a criminal record, as they are minor offenses and rarely violent in nature. A felony charge means you have been accused of a felony but have not (yet) been found guilty. You have the right to a trial, after which you are found guilty or not guilty, or you can seek a plea deal to avoid trial. Felony charges can still be on your criminal record, since they may include criminal cases that don’t result in convictions. Many states have “expungement” options that can remove an arrest or criminal charge from a record where the defendant was not convicted. Virginia is one example. A felony conviction means you have been accused of a felony and have either pled guilty to it or have been found guilty after a trial. Both federal law and the criminal justice systems of each state place felonies into “classes” according to the seriousness of the crime. Corresponding punishments such as incarceration or fines are applied to each class. Felonies usually involve physical or financial harm and are punishable by one year or more in jail or prison. Jail is usually a local holding facility, while prison is a state-run or private facility. Longer periods of incarceration are usually carried out in prisons. In addition to possible jail or prison time, a defendant may be required to complete court-supervised probation, pay a hefty fine, or face other penalties. The punishment for a felony depends on how it is classified. Examples of crimes widely considered felonies include, but are not limited to: Individual states classify felonies in their own way, though similarities may exist. Most states classify felonies by letter or number – for example, Class A-E felonies like the federal system, or Class 1-5. Illinois groups felonies into classes 1-4 and reserves a fifth class — Class X — for the most serious crimes. New York classifies felonies as A-I or A-II, for which the heaviest sentence a defendant can receive is life imprisonment; and felony classes B, C, D, and E. Some states follow neither system, classifying felonies by the individual crime committed. California, for example, loosely categorizes felonies into white collar, or “paper,” felonies; drug felonies; sex felonies; and violent and serious felonies. Georgia law loosely categorizes felonies as “against people,” “against property,” “involving fraud,” and “against public safety.” Florida classifies felonies into five groups: third-degree, second-degree, first-degree, life, and capital. In most states, the lower the class number or letter, the more serious the crime. For example, a Class 1 felony category typically consists of a first-degree murder charge, or first and second-degree murder as in Arizona. Using the state of Illinois’ system (Class 1-4, Class X, Class M) as an example may be helpful. The least serious felony class is Class 4, which consists of crimes like aggravated assault, stalking, and some drug charges. The maximum penalty for Class 4 felonies is one to three years in prison. Class 3 felonies in Illinois are punishable by two to five years in prison; examples of Class 3 felonies are certain types of theft (under $500) and possession of a weapon by a felon. Examples of a Class 2 felony are robbery or illegal purchase of a firearm. Committing a Class 2 felony can land you in prison for three to seven years. Class 1 felonies include theft (between $10,000 and $100,000) and sexual assault and are punishable by 4 to 15 years in prison. The most serious felony class in Illinois is Class X, which consists of aggravated violent crimes, treason, and discharging a firearm while committing another crime. The punishment for committing a Class X felony ranges from 6 to 30 years in prison. All felony classes in Illinois are also punishable by a fine of up to $25,000. Note that in Illinois, first-degree murder is in a category of its own — sometimes known as Class M — and the punishment can exceed that of a Class X felony. While felony classes vary according to the state where a crime was committed, most are divided between violent and nonviolent crimes, as well as the amount of damage caused to the injured party in cases of financial harm. Most states’ felony classifications are included in the legislative code and easy to access, like Washington and South Carolina. To understand your state’s classification system, visit the state’s official website or contact an attorney in your state for additional guidance. The federal system is nationwide and separate from state systems. Some crimes are federal offenses, some are state-level crimes, and some can be charged under both systems in separate proceedings. Federal felony classes range from Class A to Class E felonies, with corresponding penalties. Federal classification includes “adjustments,” which add or subtract severity depending on the specifics of the case. Defendants are sentenced in accordance with a grid which cross-references criminal history with the adjusted level of offense. Now that you know what a felony charge is, explore your options for having one removed from your criminal record. Start the process by seeking a case evaluation from an experienced attorney. "
What Is a Holographic Will?,"A will is an essential legal document that clarifies what happens to an individual’s assets after they die. It defines the assets that compose the estate, the beneficiaries, the executor, the caretaker of the children and pets, if any, and the testator’s funeral instructions. Despite its importance, two-thirds of Americans don’t have a will. Individuals who want to dispose of their property via a will have many different options to choose from. In some cases, the best option is a holographic will. What is a holographic will? Basically, it’s a handwritten will, but there are some important things to keep in mind if you’re considering that option. Before we discuss holographic wills, it’s important to cover the importance of wills in general. This is best explained by illustrating what happens when you don’t have a will in place. To die without a will is to die intestate. Dying intestate can create difficulties for your next of kin because they have to go through probate where your assets will be divided and distributed according to the laws of your state, not according to your specific wishes. A will clearly explains directives for your assets after you die, so dying without one can create significant confusion. If your loved ones go through the probate process without having a will, they will have to work through the probate court to determine what assets you possessed, how your debts and taxes will be paid, and how your remaining assets and property will be divided among surviving family members. Depending on a person’s circumstances, one type of will may be more appropriate than another. Attested written wills are the most common kind. These must be typed and printed, and they require two witnesses who see the signing of the document firsthand (or hear the declaration). Some other will types include: Holographic wills are handwritten wills that must be written and signed by the testator (the person leaving the will). Ordinarily, a will is created with the help of an attorney, but in the case of holographic wills, no attorney is needed: The testator typically handwrites and signs their directive without legal representation. These wills are not as popular as simple or basic wills. However, holographic wills are a perfect option for individuals who want to leave instructions for the distribution of their assets and name their beneficiaries. They are extremely helpful for individuals who: What is a holographic will’s validity without witnesses or notarization? Unlike other kinds of wills, holographic wills typically do stand up to scrutiny. Considering wills of this type are sometimes made during emergencies or in extremis, it makes sense that there may be circumstances in which there is no one available to be a witness. The absence of witnesses can lead to issues in probate, and courts may have problems ascertaining the will’s legitimacy if it’s illegible. So, it’s typically best to err on the side of caution and have two witnesses present. To what extent is a holographic will valid? There are some specific requirements holographic wills must meet to be considered legitimate. A court of law in some states may recognize the holographic will if the following factors are met: Before assuming you can create a valid holographic will, it’s essential to know whether it will be recognized as valid. The following states will generally recognize a holographic will  written within their boundaries: Maryland and New York typically don’t accept holographic wills, but they make exceptions for military members. New York also makes an exception for mariners at sea. Maryland makes an exception if the holographic will was signed by the testator and witnessed by two credible witnesses. Additionally, if the holographic will was drafted in a state where they are accepted, but then the testator moves to a state that doesn’t accept holographic wills, the probate court of the testator’s new resident state may choose to accept the will as valid. There’s no guarantee that a court will recognize a holographic will. The following issues are common and could invalidate a holographic will: If you decide to use a holographic will, make sure you live in a state that acknowledges them, and follow the guidelines mentioned above to create a valid holographic will. This ensures that your will passes legal muster and enables your estate to be divided according to your wishes. Do you have a complex estate? Do you have questions or concerns about whether your holographic will stands up to probate scrutiny? Consider scheduling a free legal evaluation with an experienced probate attorney who can guide you through the probate process. "
How to Bail Someone Out of Jail: Guide and FAQ,"Being arrested is something that most people don’t spend a lot of time thinking about until it happens. Knowing how to bail someone out of jail is a life skill that makes things a lot easier if the unthinkable happens to you or a loved one. Although court systems differ significantly among state, federal, and local courts, certain aspects of the system are similar across the board. A person can be arrested if law enforcement sees them commit a crime or suspects they are involved in criminal activity. Once a person is arrested, they are detained and taken to a law enforcement facility. In some jurisdictions, there is a set amount of bail for certain low-level crimes (generally misdemeanors and traffic offenses). If that’s the case, figuring out how to bail someone out of jail is a fairly streamlined process. Consult the jurisdiction’s website, or speak with the detaining agency to find out how to deposit the required funds and secure the arrestee’s release. If paying bail immediately isn’t an option, the arrested individual will be held at a jail or other facility until they can present their case to a court. Most jurisdictions require law enforcement to submit an arrested person to a court within a certain period to face formal charges. It is generally illegal to detain people indefinitely without charging them with a crime, but this hearing may not occur until the court’s regular business hours. Some jurisdictions hold these hearings during evening and weekend sessions, but others do not; federal courts hold an initial court hearing on the day someone is arrested, or the next day. This first court hearing is usually called an ‘arraignment.’ Attorneys for the prosecuting authority (the state, county, municipality, or federal district) will formally present the criminal charges. The arrested person becomes a “defendant” and must appear in court to face the charges against them in subsequent proceedings. In many cases, the judge decides at arraignment what terms are appropriate to guarantee the defendant returns to court to stand trial. In some cases, defendants are released “on their own recognizance,” which means the court lets them out of jail, schedules their next appearance, and trusts their promise to return. (If they do not return, the court will issue a bench warrant for their arrest, take them into custody, and impose additional penalties and fines.) In other cases, a judge determines that there is too high a chance that a defendant will flee or refuse to appear. In that case, a defendant will be ‘remanded‘ to jail to await trial. “Bail” is an amount of money deposited with the court to ensure a defendant’s return. Once bail is arranged, the defendant is released from custody, although there also may be other conditions (such as remaining within a specific area or wearing an electronic monitoring device). If a defendant returns for subsequent court hearings as scheduled, most of the bail money is refunded. The simplest way to “post bail” is to deposit the full bail amount with the court clerk. This is called a “cash bond.” Although most jurisdictions require this to be paid in cash or via cashier’s check, some now use third party services that allow you to use a debit or credit card. However, most defendants don’t have the total amount of cash immediately available to them to post bail. Knowing how to bail someone out of jail using a “bail bondsman” can help solve this problem. A bail bond service is a private company that guarantees the total amount of bail without requiring full payment upfront. The purchaser pays a percentage to the bondsman, who pays the entire amount to the court so the defendant can be released. This is called a “surety bond.” If the defendant appears in court as promised, the bond service keeps just the percentage as a fee; if the defendant does not appear, the bond service attempts to recover the bond balance (plus fines and fees) from the defendant’s representative. To obtain a bail bond, the purchaser must assure the bondsman that they will be able to pay the whole amount if the defendant does not appear. This involves depositing money, property, or other collateral to guarantee the bond. Some states do not allow private bail bond companies, including Illinois, Oregon, Kentucky, and Wisconsin. Instead, a defendant’s representative may post a bond for a percentage of the bail amount directly with the court. If the defendant appears as scheduled, the court returns the bond amount (less a percentage as a fee). The process is essentially the same as using a bail bondsman, but the fees are significantly lower. In today’s modern, tap-to-pay economy, you may wonder if you can just hand over a debit card and bail yourself out of jail without involving your loved ones. You are certainly allowed to post your own cash bond if you can do so on the spot. However, since most people don’t carry significant sums of cash, and most courts require bail to be paid via cash or cashier’s check, it is usually necessary to coordinate with someone to get money and bring it to the station. But, if your jurisdiction uses a third-party payment service, you may be able to pay using a credit or debit card at a kiosk in the station. Hopefully, you’ll never need to put your knowledge of how to bail someone out of jail to use. If you do, however, it’s a good idea to contact an attorney. If you or a loved one are facing criminal charges, find out more about your options today. "
What Is a Promissory Note? A Legal Guide,"If you’ve ever taken out a loan, you have probably signed a promissory note. A promissory note defined is a legal document that is a promise of payment. Promissory notes are often used in financial services where one person (the borrower) takes out a loan and signs a document making a promise to repay the loan to the lender within a certain amount of time. Here, we’ll examine what is a promissory note and discuss how they relate to real estate. You can think of a promissory note as a loan document or a formal IOU that plays an important role in the real estate closing/settlement process. When buying a house, you will most likely take out a mortgage. The mortgage is the contract that allows you to borrow money from a lender and gives the lender a security interest  in your home in case the loan is not repaid. However, the mortgage does not actually state that you will repay the loan. This is where the promissory notes come in. The promissory note supplements the mortgage and is what you sign actually promising to pay back the loan. Your lender will hold the promissory note until the loan has been repaid. At that time, the lender will cancel the note and return the original to you, the borrower. One major difference between a promissory note and mortgage is that while mortgages are recorded as part of the public land records, promissory notes are generally unrecorded. Whether your promissory note will be recorded depends on your state laws. You can write your own promissory note as they are pretty straightforward; however, you might want to hire a lawyer to make sure everything is correct since a large amount of money is involved. A lawyer can also help you by explaining in detail what is a promissory note. If you decide to write your own, keep in mind that every state has its own guidelines about what to include in a note, so you should verify the laws of your state before you write one. The promissory note should include all the terms of the loan, including: On occasion, you might find it necessary to change the terms of your note because of changes in interest rates, repayment terms, or how long you want your loan to continue. All the changes should be done in writing and have both parties’ signatures. An easy way to make changes is to draft a new document as an amendment to the note. The amendment should reference the original promissory note so that all the original terms still apply. An invalid promissory note could become a messy issue for both borrower and lender and you could wind up in court. One of the most common reasons for declaring a promissory note invalid is because the parties did not sign the note, especially the borrower. Or, if someone did sign the note, it was a party who was not allowed to sign. For example, if someone, like a relative, who did not take out the loan for the mortgage signs the note, it would be deemed invalid because the legal borrower did not sign. A great way to avoid this mishap is to include a notary in your executing process. In addition, if the promissory note contains unclear or ambiguous clauses, or unfair terms, the note might be deemed invalid. An unfair term might be if the note includes an interest rate of 25% but your state only allows for a 15% interest rate. Another reason for an invalid promissory note is if changes were made to the note without the authorization and signature of both parties. Finally, if the original promissory note is lost and there is no way to prove its legitimacy, it could be declared invalid. Now that you know what is a promissory note and how they work, you may want to consider talking to a lawyer to get more information. To get started, get online help here. "
What Are the Miranda Rights?,"“You have the right to remain silent.” These seven words begin the Miranda warning. And if you’ve ever been arrested or watched a crime drama on television, you know the police must “read you your rights” upon arrest. So, you may be wondering, what are the Miranda rights? They are Constitutional protections under the Fifth and Sixth Amendments granted to suspects during the criminal process. And rarely does reading your Miranda rights play out like it does on TV. Unlike police depictions, failure to read your Miranda warning seldom results in a case dismissal. However, reading these Constitutional rights to a suspect is essential to their due process under the law. As such, there can be consequences if their rights are not read to them. The Miranda warning is a constitutional notification given by police in the United States upon arrest of a suspect of their right to remain silent and to obtain legal counsel, among other warnings. The Miranda warning requires the police to inform you of the following rights and consequences before questioning you as a suspect: It is important to note that a Miranda warning is read only if the police intend to interrogate you. Self-incrimination is when someone under police custody implicates themselves through their own words in a crime, which can come back to haunt them in court. Law enforcement officers are required to administer Miranda rights to protect detained individuals from a violation of their Fifth Amendment rights against unreasonable self-incrimination. This is intended to prevent undue self-incrimination if facing questioning by the police. Two notifications concerning your right to a lawyer are embedded in the Miranda warning. First, you must be told that you have the right to the presence of a lawyer during police questioning. Second, that you have the right to a court-appointed attorney if you cannot pay for one on your own. These are done to preserve your right against self-incrimination and ensure that the due process you are about to receive is constitutionally reasonable under the law. So, what are the Miranda rights in an everyday context? They are usually not vague, as the police must cease questioning if you indicate in any way that you prefer to remain silent. The police must also immediately stop interrogating you if you ask to speak to a lawyer. If you waive your right but then want to invoke it, you are entitled to do so. Because your Miranda rights are central to your rights as a detainee, the law is required to honor them immediately. As mentioned, a Miranda warning is not always necessary if the police do not intend to question you under their custody. Ernesto Miranda was arrested in 1966 for stealing $8 from a clerk and interrogated for two hours with no help from an attorney and without being told he had the right to one. He signed a confession not only for the theft but also a kidnapping and rape and was later found guilty. The Supreme Court found that the Fifth Amendment right against self-incrimination and the Sixth Amendment right to counsel applied to the defendant in Miranda v. Arizona. Namely, no one can be compelled to incriminate themselves and Miranda’s right to an attorney was violated. The Supreme Court recognized the procedural safeguards afforded by these Amendments to criminal detainees. “Miranda rights,” as they are now called, preclude police officers from questioning detainees without notifying them of their rights. Without a Miranda warning or a proper waiver of these rights, information gained by the police during questioning is inadmissible in court under the exclusionary rule. The exclusionary rule precludes any information obtained in violation of the Constitution to be used in court. Now that you know what the Miranda rights are, you’ll be better able to protect your interests. If you feel your Miranda rights were violated, get a free legal evaluation today. It can help you gain the peace of mind you seek for your legal matter. "
Employer Clawback Provisions: Definition and Examples,"If you sign an employment contract at a hedge fund, investment bank, or other finance business, you may agree to clawback provisions unintentionally. These clauses became popular as a way to build public trust. In 2005, fewer than 3% of employee contracts contained clawback language. By 2010, that number increased to 82%, with no signs of this trend slowing down. This overview discusses clawback policies, their impacts, and examples to look out for in employment contracts. When you find clawback language in an employment contract, this allows an employer to demand the return of money already paid to an employee. They are common in any employment contract that includes a sign-on bonus, incentive pay, or other forms of executive compensation. Employers always used clawbacks, but more appeared after the Sarbanes-Oxley Act passed in 2002. Intended to create better financial accountability in business, the statute required executive bonuses to be repaid or forfeited if noncompliance or misconduct arose from creating financial statements. Later, the Emergency Economic Stabilization Act of 2008 made clawback clauses a condition of an economic bail-out. Here are some common situations where employers may try to enforce a clawback clause: Clawback clauses intend to compensate the employer for employee misconduct but are also punitive. You will likely find clawback language in the contract section discussing incentive compensation or bonuses. Another place you may find them is among any provisions concerning discipline. One clawback provision example arises from Nike, Inc.’s incentive compensation policy. The provision applies to performance sharing, long-term incentives, and deferred compensation plans. It requires funds from these programs to be repaid if an executive engages in misconduct. This example refers to wrongful conduct: Clawback. This Agreement is subject to any written clawback policies that the Company, with the approval of the Board or the Committee, may adopt to the extent allowed by applicable law. Any such policy may subject your RSUs and amounts paid or realized with respect to the RSUs under this Agreement to reduction, cancelation, forfeiture or recoupment if certain specified events or wrongful conduct occur, including but not limited to an accounting restatement due to the Company’s material noncompliance with financial reporting regulations or other events or wrongful conduct specified in any such clawback policy adopted by the Company, including any policy to conform to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and rules promulgated thereunder by the Securities and Exchange Commission and that the Company determines should apply to this Agreement. Another example discusses a non-solicitation agreement and stock bonuses: Clawback. Notwithstanding anything in the Plan or this Agreement to the contrary, in the event that the Participant breaches any nonsolicitation agreement entered into with, or while acting on behalf of, the Company or any Affiliate, the Committee may (a) cancel the Award, in whole or in part, whether or not vested, and/or (b) if such conduct or activity occurs within one year following the vesting of any portion of the Award, require the Participant to repay to the Company any shares received with respect to the Award (with such shares valued as of the vesting date). Such cancellation or repayment obligation shall be effective as of the date specified by the Committee. Any repayment obligation may be satisfied in shares of Stock or cash or a combination thereof (based upon the Fair Market Value of the shares of Stock on the date of repayment) and the Committee may provide for an offset to any future payments owed by the Company or any Affiliate to the Participant if necessary to satisfy the repayment obligation; provided, however, that if any such offset is prohibited under applicable law, the Committee shall not permit any offsets and may require immediate repayment by the Participant. One pattern you will notice with these examples and others is that they will specifically mention clawback. If you receive a PDF of your employment agreement, it may be worth the time to search on the word “clawback” and see what comes up. States do not prohibit clawback provisions, but they could require that these clauses be in writing and in contracts that both employer and employee sign. If any clawback language is vague, it is likely not enforceable, and employees can take legal action against their employer if it deducts bonuses from their wages. That said, clawback clause enforceability often depends on how state law defines wages. Most states consider earned commissions wages and restrict deductions from base wages to cover commission overpayments. The Texas Payday Rules require written authorizations and notice before making deductions subject to a clawback clause or other wage overpayments. Minnesota statutes require the same written notice or authorization. There are also time limits on when an employer can deduct bonuses from wages or future bonuses. Michigan employers have six months to collect from future wages after overpaying. New York employers have six years to collect. Yes. But the employment contract or compensation agreement must communicate clawback language clearly. Generally, if you’re an employer seeking to implement a clawback clause, be confident that it: Clawback provisions are frequently tricky, and you should know what you’re getting into before agreeing to compensation based on a contract that contains them. Get answers today by reaching out to a local employment lawyer near you. "
How Does a Land Contract Work?,"When real estate markets become temperamental, would-be homebuyers seek new and better ways to finance a property purchase. This situation leaves these potential buyers wondering how does a land contract work — and could it work for them. A land contract can be a viable mortgage alternative; however, it comes with risks. Here are common questions about land contracts and how they work for buying and selling property. A land contract is a property purchase agreement that allows a buyer to make direct payments to the seller. It’s another arrangement for buyers who can’t secure a conventional mortgage mainly due to: Land contracts are common where the seller and buyer already know each other or have been in business for a while. These relationships often involve trust and familiarity, which is good because land contracts are less secure for both parties. A typical land contract example is renters buying their rental home from their landlord. A land contract works similarly to a mortgage in some ways. The buyer makes a down payment and agrees to make monthly payments. These payments include insurance, taxes, and interest. Sometimes, they may pay an outstanding mortgage, but land contracts are uncommon among sellers who don’t own the property free and clear. Like a rental agreement, a land contract indicates who is responsible for repairs. That is usually the buyer since the land contract confers all the responsibilities of home ownership. It may also contain provisions limiting the use of the property while the buyer is still making payments, e.g., no major remodeling, no livestock, etc. Having an attorney look over the land contract before you sign it is a good idea, as some provisions may be overly limiting. For example, any prohibitions against remodeling could stop you from making vital upgrades that improve sanitation and livability, e.g., replacing bathroom fixtures and plumbing, so you quit having clogged drains. No. A mortgage transfers property ownership to you, and the bank maintains a security interest, so they can foreclose if you stop making payments. In land contracts, the seller retains ownership until you make the final payment. Also, land contracts rarely last more than a few years, while mortgages give you decades to pay off the loan. Land contracts involve a down payment, monthly payments for three to five years, and a balloon payment at the end. You can either pay this final payment in cash or apply for refinancing so you resume property ownership under a conventional mortgage. The seller pays property taxes on a land contract until the buyer makes the final payment. Land contracts are accessible options for those who can’t qualify for a Fair Housing Administration (FHA) program or conventional mortgage. Even FHA programs, which provide low-barrier home loans, have credit score and down payment requirements. They are also challenging to get if you’re self-employed or work seasonally. But a seller may have different financing standards that work better with your situation and allow you to pursue homeownership. Also, land contracts usually involve parties who know each other. Few sellers are willing to contract with strangers. These arrangements are often made between relatives, landlords, long-term tenants, and business partners. For example, even if you’re a seasonal or self-employed worker (a big minus among mortgage lenders), a landlord may work with you on a land contract because you have a good record of paying rent on time. Mortgage lenders do not consider this history when approving loans, but someone who already trusts your payment history may offer more options. While there are many benefits to using a land contract, there are also some disadvantages. Here’s a run down of some important downsides that sellers and buyers might face: Since land contracts carry more risk, many sellers set higher interest rates. If the real estate market is temperamental, you may want to try financing first to see if you receive a lower interest rate offer. During the contract term, the seller must still pay insurance premiums and property taxes while gaining no benefits from property ownership. Also, if the property value drops before the contract concludes, the seller incurs devaluation costs. The buyer faces risks too. Buyers cannot write the interest off their tax returns or enjoy tax deductions available to homeowners. They have no ownership benefits until the contract ends when they make that last payment. Meanwhile, they remain responsible for repairs and maintenance like an owner. A mortgage offers more flexibility if you face financial hardship and need time or assistance with payments. There are also state programs that help unemployed or disabled homeowners. Land contracts only work well if nothing changes for the worse. Unemployment, disability, or other contingencies can forfeit the agreement and any rights you have to the property. You cannot recoup previous payments, and any money you put into the property will benefit the seller – not build wealth for you. Sometimes, a seller seeks a land contract to escape title issues, including liens, public record errors, boundary disputes, and forgeries. There are also missing heirs, e.g., a deceased property owner named an heir to the property who never took possession. So, the seller may not be authorized to transfer the title or wishes to hide the issues and stick them on you. Fortunately, there are resources to help you perform a title search and see if any of these issues would encumber your property. A land contract could be a good idea if you: However, if your finances are unstable, and you have no guarantee that you can receive financing or cash for the balloon payment, then your land contract could be doomed to fail. Also, land contracts make good mortgage alternatives, but they are by no means “easy” or a quick fix. You still have the same responsibilities as you do with a mortgage, only there are more ways to lose the property you wish to own. Now that you have answers to “how does a land contract work,” you may find this is a viable option. But there still might be legal issues you’re not aware of. Consider getting a free initial legal review before you sign any land contract agreements. "
How Long Is a Life Sentence?,"When a judge sentences a defendant to life in prison, this doesn’t always mean that the individual who was convicted of criminal wrongdoing will remain in prison for the rest of their life. Depending upon the nature of the crime, any mandatory minimum sentencing laws that may apply to the situation, and whether there is a possibility of parole qualifying the judgment, a life sentence does not necessarily mean life imprisonment. So how long is a life sentence? Here’s a look at some common questions about life sentences and how they play out in the real world. The answer to the question “How long is a life sentence?” is present within the definition of the term “life sentence” itself. Practically speaking, a life sentence is a term of imprisonment in which the convicted felon must remain incarcerated for either the remainder of their life or until one of the following occurs: This means that the length of a life sentence can be changed by external factors. If not, the felon remains imprisoned for the remainder of their life. Not all crimes that are punishable by life sentences are parole-eligible. If someone is sentenced to life in prison without the possibility of parole, only a pardon or commutation of their sentence will allow them to apply for release. State crimes are pardoned or commuted by governors whereas federal crimes must be pardoned or commuted by the president. While pardons and commutations are rarely granted, many individuals who are sentenced to life in prison are eventually paroled. Most criminal defendants are sentenced under state law. Each state has their own requirements for the parole process. For example, in Georgia, those serving parole-eligible life sentences for serious violent felonies are eligible for parole after serving either 14 years in prison (for offenses committed before July 1, 2006) or 30 years in prison (for offenses committed on or after July 1, 2006). Not everyone who’s eligible for parole is granted this reprieve. When eligible for parole, a prisoner can apply to the parole board that oversees their case. The board then determines whether to grant or deny release. Even then, the decision of a parole board may not be final. For example, Sirhan Sirhan, who was convicted of the murder of Senator Robert “Bobby” Kennedy, was denied parole 15 times before his request was granted parole by a two-person panel. However, California’s governor at the time rejected the parole board’s decision due to Sirhan’s refusal to accept responsibility for his wrongdoing. If a defendant is convicted of multiple crimes or offenses (sometimes referred to as “counts” for the purposes of sentencing), they may be sentenced to consecutive or concurrent terms of imprisonment. Concurrent sentences are served simultaneously, whereas consecutive terms are served back-to-back. This calculus complicates the question of “How long is a life sentence?” Some consecutive sentences can result in a term of imprisonment that exceeds the span of any human life. The following example illustrates how even parole-eligible sentences can effectively become life sentences without any practical possibility of parole. Predatory former USA Gymnastics team doctor Larry Nassar was sentenced to consecutive state and federal sentences for sexual abuse and child pornography offenses. He is, technically, able to apply for parole under his sentencing terms. However, he won’t become eligible until 2117, which means that he’ll have to serve 100 years total before he can apply for release. Not every criminal defendant is accused of a single crime. When an individual is convicted of multiple felonies, such as the murder of multiple people at once, they may be subjected to multiple life sentences. Their sentencing may be handed down as concurrent or consecutive life sentences. While sentencing someone to multiple life sentences to be served consecutively seems counterintuitive (as the defendant only has one life to serve in prison), this sentencing structure is meant to honor the need for justice on behalf of each victim and to hold the offender explicitly accountable for each crime they’ve committed. While relatively few convicted felons are sentenced to life in prison or “de facto” life sentences at the federal level, life sentences and de facto life sentences are strikingly common in state courts. A de facto life sentence is one that, while not technically a term of imprisonment for life, is so lengthy that it effectively becomes a life sentence for the defendant. For example, if a 30-year-old is sentenced to 85 years in prison, they won’t be walking free again unless they’re paroled, pardoned, or granted a commutation. De facto life sentences are one more reason why answering the question “How long is a life sentence?” isn’t a straightforward endeavor. What is clear is that more and more people in the U.S. are being sentenced to life sentences. One study released by The Sentencing Project found that one out of every seven people in U.S. prisons were serving life or virtual (de facto) life sentences. This statistic indicates that while relatively few federal inmates are serving life sentences, states are imprisoning individuals for life or for life on a de facto basis, at staggering rates. The length of a life sentence can vary based upon whether the possibility of parole is available for a defendant. If you have additional questions about charges that you or a loved one is facing, schedule a free initial review of your case to learn more. "
How Does Escrow Work? 5 Things to Know,"One common term that often comes up during the home buying process is escrow. In this article, we’ll discuss five things to know about escrow and answer the question, how does escrow work? If you’re thinking about escrow, that means you have decided to purchase a home. So, while it will be fun to think about paint colors, kitchen tile, and new furnishings, you will also have to consider the practical aspects of buying a home. This is where escrow comes in so let’s take a deep dive into what escrow is and how escrow works. Escrow is a financial arrangement between two or more parties engaged in a transaction, such as buying a house, who agree to let a third party temporarily hold onto money or property on their behalf. The third party, who can be a law firm, an escrow company, or a title company, holds the money or property until the transaction is complete. This is known as holding the money “in escrow.” Most escrow accounts are used for real estate contracts, and they provide protection for both the buyer and seller. There are two main types of escrow accounts in real estate: mortgage escrow accounts for home buyers, and life of the mortgage accounts. Let’s take a look at both. Mortgage Escrow Account for Home Buying: The mortgage escrow account applies to home buyers who take out a mortgage. The lender you use will most likely require this account if you cannot pay more than 20% down for the property. How does escrow work in this type of account? Normally, the first time you use this account will be for the earnest money deposit. The third party will hold this money in escrow for the buyer. Life of the Mortgage Account: You might be wondering how does escrow work for the entire life of a mortgage? This account is set up at closing to help the buyer pay for property taxes and homeowners insurance. When a homeowner begins making monthly mortgage payments, a portion of the payment is deposited into escrow. This portion covers expenses outside of the principal and monthly interest on your mortgage. You can think of it like having an extra savings account to pay for taxes and homeowners insurance. The monthly amount the homeowner pays into this account may change depending on tax increases and higher insurance premiums. Because taxes and insurance costs can change, the lender may choose to require a financial cushion that would cover unexpected costs. Making sure that property taxes and insurance are paid on time is good for both the homeowner and the lender. Missed payments could result in a tax lien or lapsed insurance coverage and could result in financial penalties for the lender or even foreclosure for the homeowner. Some lenders will require an escrow account. Usually, this requirement is for risky loans, first-time homebuyers, or if the homebuyer has an Federal Housing Administration (FHA) or U.S. Department of Agriculture (USDA) loan. However, the requirement of an escrow account is not automatic, so if a home buyer meets certain requirements, he or she could choose to pay for taxes and insurance out of pocket. In addition, if you have a conventional loan, you would need an escrow account unless you can provide more than 20 percent on a down payment. Conventional loans are handled by private lenders and not backed by the government as FHA or USDA loans are. Therefore, the loans have strict financial requirements that not every homebuyer would meet. Pros: Cons: Escrow accounts are common tools that lenders use to provide financial benefits to both buyers and sellers of property. The accounts can help a homeowner ensure financial obligations are met each year without extra effort. Learning the basics of purchasing a home before you take the plunge can be a stressful time. Many deadlines are involved, and escrow can get complicated. That’s why it can be useful to get legal advice to answer the question of how does escrow work? To get started, get online help here. "
How Long Does an Uncontested Divorce Take?,"When most people marry, they assume their marriage will last a lifetime. They don’t plan for marital difficulties, and certainly don’t imagine themselves divorcing. The harsh reality is that nearly half of all marriages end in divorce. The best-case scenario involves parties who agree on the terms of the split, but how long does an uncontested divorce take? Regardless of the reason for the split, divorces can be emotionally exhausting, financially burdensome, and time-consuming. If you or a loved one are currently researching divorce options or wondering how long an uncontested divorce takes, you are certainly not alone. It’s important to know that you have options depending on the specifics of your situation. An uncontested divorce is a common option for couples who wish to split amicably and agree on dissolution and how their assets will be allocated. It can be a more straightforward legal process than a contested divorce and will likely save time and money. Our guide will provide important information on what an uncontested divorce is, how it differs from a contested divorce, and how long an uncontested divorce takes to finalize. Keep reading to discover if an uncontested divorce is right for you. In an uncontested divorce, both sides agree on the marriage dissolution and how assets should be allocated. This kind of divorce is a good option for couples splitting amicably. Uncontested divorces save the parties from undergoing significant portions of the adversarial litigation process, reducing costs and time. Couples that agree with the marriage ending and have no property, debt, child support, child custody, or alimony to discuss can seek uncontested divorces. This type of divorce does not require an attorney. State laws differ regarding the process of uncontested divorce, but the basics are very similar nationwide. A contested divorce occurs when a couple can’t agree on at least some of the elements of their divorce, such as how assets should be split. An uncontested divorce can proceed if both parties agree on key factors such as: If the couple no longer agrees or needs the judge to intervene to resolve a conflict, the divorce cannot proceed as uncontested and will instead be considered contested. How long does a contested divorce take? Since they’re adversarial in nature, they take significantly longer because each party’s attorneys need time to prepare and present their cases. Contested divorces require discovery, the process of obtaining evidence and records. Trials also take time, since witnesses and evidence are needed. In contrast, an uncontested divorce is relatively straightforward and considered “quicker,” since the parties agree on essential issues. One important point is that uncontested divorces, although “quicker,” are harder to appeal because parties mutually agreed to the terms of their settlement agreement. For the courts to modify the agreement, a certain period of time must pass or circumstances must have significantly changed. In contrast, contested divorces are more easily modified because the court ultimately determines the divorce issues and thus, is more open to modifying agreements. The first step in the uncontested divorce is to draft a marital settlement agreement to divide the couple’s assets, property, and debt. The settlement agreement may also include child custody and child support arrangements, if children are involved. After the marital settlement agreement is agreed upon, one of the spouses must file an official divorce complaint with the court in their county or state. After the complaint is filed with the court, the papers must be served to the other party. The service process can occur quickly, within days or weeks of filing the legal documents. After being served, the non-filing spouse has 35 days to respond to the complaint. If there are no objections to the complaint, a no-contest divorce can be scheduled, and usually concludes quickly. After the hearing, a judgment of divorce will be granted. So how long does an uncontested divorce take to finalize? Depending on the state where the spouses live, uncontested divorces can take anywhere from two days to 18 months. Hawaii, Minnesota, South Dakota, and Nevada offer the quickest uncontested divorces; around three to eight weeks. Maryland, New York, and North Carolina require a 12-month waiting period, while New Jersey requires an 18-month waiting period from the time of the complaint filing to the hearing. If a couple has children, it is best to consult a divorce attorney before any final papers are signed. States have strict laws about child support and custody, and both sides should be protected against unfair or illegal custody/support issues. In addition, most states will require a judge to sign off on a child custody arrangement, as the judge will attempt to determine if it is the best plan for the children involved. If you want to save some time and money, and you’re concerned about how long an uncontested divorce takes, an online divorce platform may be a good option for you. Many popular platforms require your divorce to be uncontested for use. These sites can help with proper document preparation and explain how to file your documents. Some services have attorneys on staff to assist with questions, while others are entirely self-completed (usually at a lower price point). Although online platforms can be helpful for uncontested divorces, there are times when you may want to hire an experienced divorce attorney. If you have substantial property and assets that aren’t easy to divide, child custody or support disputes, an inability to communicate openly with your spouse, or there is a history of physical or emotional abuse, it would be best to hire a divorce attorney to assist you. An experienced attorney will: Divorcing a spouse is never an easy or quick process. It can be frustrating, stressful, and emotionally, physically, and financially taxing. Divorce impacts every aspect of you and your ex-partner’s lives. In some cases, handling a divorce yourself makes a lot of sense, but in others, it is best to hire an experienced divorce lawyer. Regardless of what you decide to do, remember that legal options are available as you navigate the divorce process. If you find yourself in a situation where you still have questions about how long an uncontested divorce takes or how the divorce process works in general, or want to work directly with a divorce attorney, consider getting started with a free legal evaluation to understand your legal options. "
LLC Tax Benefits: A Legal Guide,"Registering your business as a limited liability company (LLC) is a relatively simple and inexpensive process. Along with protecting you from personal liability, registering your business as an LLC can help it gain credibility and establish financial independence. LLC tax benefits are another significant part of the decision to set up and register your business as an LLC. It’s important to understand that the tax advantages of LLCs depend on how the LLC members elect to pay taxes. What is most advantageous will not be the same for every LLC. There are a few different tax options available for LLCs. The default federal and state tax classification for an LLC is that of a “disregarded” or “pass-through” entity. This designation means the LLC is not taxed as its own business entity. Instead, each member (or shareholder) is responsible for reporting and paying personal income taxes on their share of the business’ profits (or losses). Each member may also have to pay federal self-employment taxes, including individual and employer contributions for Medicare and Social Security. Regarding single-member LLCs, they simply include the profits and losses on their individual income tax return. The LLC default tax status of multi-member LLCs is essentially the same as a partnership: each member reports their share of profit and loss in a schedule attached to their individual income tax returns. The Internal Revenue Service (IRS) also allows an LLC to elect S-Corp federal tax status. This allows the LLC to continue to be treated as a pass-through entity while reducing its members’ self-employment (FICA) tax obligations. The LLC does not pay taxes as a business entity to either federal or state agencies, while the individual members enjoy the LLC tax benefits directly. Larger and more profitable LLCs may use this designation to reduce their members’ income tax burdens significantly. As a sole proprietorship, partnership, or S-Corp, an LLC does not pay taxes as a separate corporate entity. Therefore, it does not have its own tax bracket, and no real LLC tax benefits or incentives are available to the LLC itself. Because of the pass-through nature of the LLC, tax rates for its members or shareholders will vary. Each reports their share of pass-through income and losses from the LLC on their personal tax return. State and local agencies then assess tax at each member’s individual income tax rate. However, a provision in the 2017 Tax Cuts and Jobs Act allows many owners of pass-through entities to deduct up to 20 percent of their net business income from their income taxes. Eligible LLC members/owners may be entitled to take the Qualified Business Income (QBI) Deduction on their individual returns, which can affect the individual tax brackets of the LLC’s members. Since the QBI eligibility requirements can be complicated, individuals who wish to explore this option should consult with a tax professional. Many businesses choose to organize as an LLC rather than a corporation (also called a C-Corp). LLCs are easier and cheaper to set up and manage. They do not have to comply with many of the recordkeeping requirements and other formalities required to maintain a corporation. The LLC default tax status is often better for a business than being taxed as a C-Corp. One of the drawbacks of a C-Corp is “double taxation.” This refers to a situation where the corporate entity pays taxes on its earnings and then distributes those earnings as corporate dividends; shareholders then pay taxes individually on those earnings. By contrast, the profits of an LLC are not taxed at a corporate level before they “pass through” to the shareholders directly. However, a C-Corp can take advantage of many tax reduction strategies not available to an LLC. Tax benefits of C-Corp status include the ability to classify members as employees, deducting their wages from the company’s profits. Doing so can reduce the company’s overall tax obligation while benefiting the members individually. The IRS allows certain LLCs to elect to be treated as C-Corps for tax purposes, even if they are not registered as C-Corp business entities. To make this election, LLCs must meet specific criteria and properly certify the request with the IRS. C-Corp tax classification for LLCs significantly increases the complexity of their operations and financial management. However, in some instances it can also significantly increase their profitability. If you’re starting a business and considering an LLC, tax benefits are just one of many things to evaluate. Learn more about the options available and find helpful resources for all your small business tax questions. "
Business Entity Types: Explanations and Overview,"Small businesses are the backbone of the vibrant US economy: more than half of all registered business entities have fewer than five employees. Starting your own business can be a way to monetize a hobby, meet the needs of your community, or get started in a new industry or career. Even small operations can take advantage of many federal, state, and local benefits. Different opportunities are available for each type of business entity. Before starting a business, you should explore the options that are available to you. What type of business structure you choose can impact your organization in many ways. Small businesses are regulated by the state or states in which they do business. Because the laws regarding business formation are different from state to state, the types of business entities authorized by each state vary. Some of the terminology is also different. Common types of business entities include: The simplest kind of business entity is a “sole proprietorship.” In most cases, you don’t need to do anything to establish yourself as a sole proprietorship other than to start doing business. However, you may need a license or permit to provide certain types of services or sell certain types of goods. In a sole proprietorship, you are responsible for paying taxes on your income as well as self-employment taxes, although you may be able to offset some of your tax burden by deducting allowable expenses related to the business. Alternately, partnerships are simple business structures among two or more individuals. As in a sole proprietorship, each partner is responsible for paying individual income taxes on their portion of the profits. Partnerships can be organized as a limited partnership (LP), which has one general partner and several limited liability partners, or as a limited liability partnership (LLP) for everyone involved. A limited liability company (LLC) is a very basic type of business entity that allows its owner(s) to separate the financial assets and liabilities of the business from their personal finances. An LLC can have multiple owners (called “members”), which can be individuals, corporations, or other LLCs. Members have the discretion to manage the business’s operations and distribute any profits how they choose. Besides limiting individual liability, the primary benefits of LLCs are that they: Most LLCs also can decide whether they wish to be treated as a pass-through business entity, an S-Corporation, or a C-Corporation for federal tax purposes. Before setting up your business as an LLC, you may wish to consult with an attorney or tax professional. Individuals must pay taxes on their income to the federal government, most state governments, and some local governments. While there are certain deductions available, an individual’s tax burden generally correlates directly to a percentage of their income. On the other hand, a corporation can take advantage of many different deductions, accounting methods, and financial strategies to reduce its tax burden. A corporation, or “C Corp,” is a legal business entity completely separate from any of its owners. Owners, managers, and decision-makers are generally insulated against personal liability for actions taken by the company. Corporations can issue shares, raise capital, and engage in other actions that aren’t available to LLCs or partnerships. A corporation pays taxes as its own entity on its profits; if applicable, shareholders also pay taxes on corporate dividends. However, many corporations are eligible for tax incentives and exemptions that dramatically reduce their overall tax burden. State and federal laws require companies to comply with many operational and record-keeping requirements. The costs to set up and maintain a corporation can be high, and there are also annual reporting requirements (and fees). An S Corp is a tax classification that provides some of the advantages of an LLC and some of the benefits of a corporation. It’s not actually a different type of business entity; eligible companies can be organized as LLCs, partnerships, or closely-held corporations. If the IRS approves a company’s request to be classified as an S Corp, the company itself will not be subject to federal taxes. Instead, its profits or losses will be reported by the individual members or shareholders. In general, the primary purpose of a nonprofit or not-for-profit business entity is to provide a collective, public, or social benefit rather than to make money for its owners. Qualified nonprofit and not-for-profit organizations are exempt from federal income taxes and may qualify for other benefits and incentives. The rules for establishing a nonprofit or not-for-profit organization vary significantly from state to state. Most jurisdictions require a high degree of transparency in their operations, management, and accounting. A joint venture can offer two or more businesses the opportunity to pool their resources and share their expertise to accomplish a particular objective. The manufacturer of a product might be presented with an opportunity to bid on a large contract requiring a substantial amount of raw materials. Purchasing the raw materials on the open market might require a huge expenditure of capital, so the manufacturer might approach the supplier with a proposal to combine their respective resources through a joint venture agreement. The contents of a joint venture agreement will depend upon the facts and circumstances of the joint venture and the needs of the parties. Here are five things you might consider for inclusion in your joint venture agreement. When two companies get together in a joint venture, each one might be contributing something other than money. The joint venture agreement should clearly state what is being contributed by each participant. For example, if one participant is supplying raw materials while the other party is going to manufacture a product from those materials, then the agreement should specify the amount of the raw materials that will be needed and to produce a specified number of items. The end of the joint venture might be stated by a date. Depending upon the circumstances, it might be better to state the termination of the venture by referring to fulfilling a certain number of orders or by some other quantifiable measure. It should not be assumed that profits and losses are being divided according to the financial contribution of the parties to the joint venture. Make it clear in the joint venture agreement how each of the following will be divided: It’s easy to talk about making money and having a successful joint venture, but you also need to discuss what could go wrong and what will happen when it does. The joint venture agreement should have contingency plans written into it in the event any of the participants cannot perform their obligations. Disagreements and conflicts will invariably arise during the course of even the most carefully negotiated and planned joint venture. When conflicts arise, the best thing for the parties and for the success of the venture is to resolve them quickly and efficiently. You might wish to include a mediation or arbitration clause in your joint venture agreement to avoid lawsuits or long, drawn out disputes that could jeopardize the success of the enterprise. The success or failure of a joint venture can depend on the time and energy the parties put into their joint venture agreement. Anticipating problems that might arise and addressing them in the agreement is the key to a successful enterprise. Whether you’re just hanging out your shingle or you’re ready to take your small business to the next level, you’ll benefit from learning more about the many opportunities available in your area. Determine which business entity is best for you, learn the easiest way to set up your small business, browse information specific to your state, and find links to useful resources. "
Short Term Disability After a Car Accident: FAQ,"The effects of a car accident can radiate across all areas of your life, ruining your plans and upending your routine. If you cannot work because of your injuries, you may struggle to stave off financial collapse. Collecting short-term disability after a car accident can help you get on steadier footing while your injuries heal. Short-term disability insurance covers your lost wages if you are temporarily unable to work due to an injury or illness. You can purchase this coverage independently as a stand-alone policy. An employer’s policy may also cover you. Only a few U.S. states and territories require employers to offer short-term disability coverage to their employees. In some, coverage is organized and managed by the state (funded by employee contributions, employer contributions, or both). The others require employers to either self-fund coverage or purchase third-party policies for their employees. Areas with short-term disability coverage requirements include: In the rest of the U.S., employers can choose whether to offer their employees short-term disability coverage. Some companies offer it as an optional benefit, while others cover all employees after a certain period. Check with your manager or HR department to see if an employer’s policy may cover you. If you have an individual life insurance policy, you should check with your insurance broker or agent to see if it includes short-term disability coverage. Many insurers offer discounts for multiple policies or bundled packages that might include short-term disability. After car accidents, policyholders sometimes learn about coverage they never realized they had! If you were involved in a car accident in the workplace or while performing work-related activities, you are likely eligible for workers’ compensation benefits. Workers’ comp is an insurance program that most states require employers to participate in. It compensates covered employees for their medical expenses, lost wages due to temporary disability, and compensation for permanent disabilities (if applicable). After a car accident, you may be completely unable to work because of your injuries, or you may be only able to work a lower-paying job or fewer payable hours. Temporary disability allows you to recover a percentage of your total average weekly wage or the difference between your former and current wage. These benefits continue until the date you return to work, are declared medically capable of returning to a similar position, or reach Maximum Medical Improvement (MMI). Workers can be eligible for both workers’ comp and private insurance benefits for short-term disability after car accidents. However, a workers’ compensation carrier may reduce the amount of its benefits to account for this other income. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are federal programs that provide financial assistance to individuals with disabilities. However, to qualify for either of these programs you must have a disability that has lasted or is expected to last at least 12 months. Some states, including California and New York, have created short-term disability programs that provide cash benefits to injured residents. Contact your state’s employment department to find out if your state offers any kind of temporary disability benefits. If you receive a settlement or award in a claim or lawsuit related to your car accident, you may have to repay the money you received under workers’ compensation or short-term disability. After car accident claims are resolved, the insurance companies often try to recoup some or all of what they have paid out from the settlement proceeds. However, don’t let this discourage you from pursuing litigation against an at-fault party. In a claim for personal injuries after an auto accident, you may be able to recover damages well above the maximum amount covered by workers’ comp or short-term disability. Collecting short-term disability after a car accident can impact your eligibility for other benefits, including SSDI and workers’ comp. A personal injury attorney can help ensure you don’t accidentally waive any of those rights or overlook any programs that could help compensate you for your injuries. Take the first step today with a free review of your injury claim. "
What Is an LLC: A Legal Guide,"It’s relatively easy to organize a business as an LLC. LLCs range from small online shops to large, multi-level companies. If you are considering starting a business, check out the following answers to the most frequently asked questions about LLCs. An LLC is a business structure recognized by the IRS but governed by state law. Let’s break it down by discussing what limited liability is and how this type of organization works. LLC stands for “limited liability company.” As the name suggests, an LLC is formed to limit the liability to which its owners (known as members) are exposed. LLC members are shielded from being held personally liable for the activities of the business, meaning their personal assets are safe if the business fails. LLCs share similarities and differences with corporations, partnerships, and sole proprietorships. LLCs and corporations both shield their members from liability, but corporations have more extensive filing, meeting, and taxation requirements. A corporation is subject to “double taxation,” meaning it pays taxes on its profits to the federal government, and the members also pay taxes on the money received from the corporation’s profits. Business income for LLCs, by contrast, “passes through” the LLC and is taxed as personal income. Corporations subject to double taxation are known as C-corporations (or “C-Corps”). There is a special tax status called an S-corporation (or “S-Corp”), which avoids the double taxation. C-Corps and LLCs can claim S-Corp tax status to avoid double taxation. Partnerships and sole proprietorship members are not shielded from liability for business activities. Like LLCs, business income “passes through” to the members for tax purposes, avoiding corporate double taxation. A sole proprietorship has one member, and a partnership has more than one. The term “disregarded entity” means the income from a single-member LLC passes through to the member. The IRS “disregards” the LLC as a separate entity and considers the profits of the business and the member’s personal income as the same thing. Partnerships are treated the same way but have more than one member. An LLC can “elect” to be treated as a C-Corp or S-Corp for tax purposes. Electing C-Corp tax status allows some profits to be kept in the business (rather than being paid out to members) but avoids the administrative burdens of organizing as a corporation. The corporate tax rate is lower than the personal income tax rate, but in 2018 Congress introduced a lower tax rate for LLCs, sole proprietorships, and partnerships to even the playing field. Members of LLCs treated as S-Corps are both owners and employees for tax purposes, while members of LLCs with default tax status are only considered owners. Members of an S-Corp LLC pay themselves a salary and a distribution from profits, but only pay employment taxes on the salary. As a result, a significant way S-Corp status helps an LLC is by lowering Medicare and Social Security taxes. Each state has its own rules regarding LLC formation. Many states limit what types of businesses can be organized as LLCs, with the most common restrictions imposed on financial services companies such as banks. For tax purposes, an LLC can be treated one of three ways: as a disregarded entity, partnership, or S-Corp. However, there are several ways an LLC can organize, which may or may not be permitted depending on the state. Common types include (but are not limited to): Does the IRS consider an LLC a corporation? Yes, and no. An LLC is different than a corporation but can be treated like one for tax purposes. An LLC files as a corporation with the IRS by submitting Form 8832 and electing corporation status. Even if an LLC has been treated as a partnership or disregarded entity for years, it can change its status. An LLC can have an unlimited number of members. Furthermore, membership is not restricted to individual human beings, but can include corporations, other LLCs, or foreign entities. Now that you know what an LLC is, you can determine which type of LLC is right for you. It may help to ask the following questions: An attorney or accountant can help you determine which type of LLC is the best choice. Forming an LLC is as easy as filing paperwork with the Secretary of State where you want to do business. This involves choosing a state, naming your business, appointing a registered agent, and writing and filing the articles of organization. Many companies specialize in providing registered agents or formation services for you. Once your paperwork is filed with the state, you’ll get a tax number known as an employer identification number, or EIN. You’ll use this number to open the required business bank account, register for state taxes, and hire an accountant. Again, every state has its own rules, and a formation company can take care of most tasks for you. Now that you know what an LLC is and how it works, let an experienced formation company help you launch your LLC today. "
How the Uber Car Accident Process Works: A Guide,"If you’ve been injured in a car collision involving an Uber driver, who is held liable will depend on several factors. These include the details of the crash, the type of insurance the at-fault driver has, and what the Uber driver was doing at the time of the accident. Our Uber car accident guide will explain the common liability scenarios if you’re hurt while riding in an Uber or injured by an Uber driver as another motorist or pedestrian. Uber’s popular rideshare app allows passengers to travel around town without worrying about parking or gathering enough cash for the trip. In 2019, riders caught 6.9 billion rides with the app, according to Forbes. Like most Americans, you’ve probably ridden in at least one rideshare without worrying about whose insurance is covering you while you’re in the vehicle. But what happens if your Uber driver gets into an accident while you’re riding in the vehicle? What happens if you’re hit by an Uber as a pedestrian or while you’re driving your own vehicle? This is more common than you think. A report from the University of Chicago’s Booth School of Business found that rideshare services like Uber may have led to a 3 percent increase in overall car collision fatalities. If you’re hurt in an Uber car accident, who is liable? It depends. One complicating factor in the Uber car accident process is that rideshare drivers straddle the line between being classified as commercial and personal drivers. Because they are technically independent contractors, Uber drivers aren’t employees of Uber. Drivers use their own vehicles to complete rides, so they historically haven’t been required to obtain commercial vehicle insurance unlike other professional drivers (like bus drivers). For a long time, rideshare companies declined to carry driver insurance and instead had drivers rely on their own insurance policies in the event of accidents. When Uber drivers who had never obtained commercial auto insurance got into collisions, this created issues with Uber car accident claims because the accidents often happened during non personal work trips. This would be reflected in the Uber accident report and make insurers less likely to pay. Uber began changing its insurance policies following a 2013 lawsuit after a six-year-old (Sofia Liu) died in an accident caused by an Uber driver. She, her mother, and her brother were hit in a crosswalk by the driver who was logged into the Uber app but was not carrying any passengers. Uber settled the case for an undisclosed and sealed amount. As a result of that case, Uber’s coverage expanded to include crashes and collisions caused by Uber drivers even if they didn’t have any passengers but were logged into the Uber app and ready to accept a rider. Additionally, Uber requires rideshare drivers to maintain personal car insurance that meets their state’s minimum financial responsibility. Further, in no-fault insurance states, drivers must maintain Personal Injury Protection (PIP) policies like other drivers. Uber teams up with national insurance companies to provide coverage to their drivers and passengers. If your driver was operating the vehicle with passengers in it and you were injured in a car accident, Uber will likely provide up to $1 million in liability coverage. If a driver was available on the app and waiting for a ride request-with no passenger in their car-when they hit you (in another car), you will first file a claim through the driver’s personal insurance. In these cases, Uber’s contingency insurance can also kick in as a supplement. Uber can pay up to $50,000 in bodily injury per person (with a total of $100,000 per accident). For property damage, Uber can pay up to $25,000. If you’re injured in a car accident while riding in an Uber but your rideshare driver wasn’t at fault for the collision, the at-fault driver is usually considered liable. Just like if you were a passenger in a typical non-rideshare accident, you can pursue damages for the accident against the at-fault driver by filing a claim with their insurance company. Uber also provides uninsured/underinsured motorist bodily injury coverage if someone is at fault and they don’t have enough insurance coverage for damages or sustained injuries. This additional insurance provision may also kick in following a hit-and-run. Uber’s liability protection only applies to Uber car accident claims when drivers are actively working. If a driver hits you while offline and their driver app is off, you must go through your insurance and the driver’s insurance policy for damages. Car accidents involving Uber rideshares happen daily, but successfully filing a car accident claim and receiving compensation for sustained injuries isn’t a cut-and-dried process. Insurance companies evaluate many factors, including whether the Uber driver was online and available to accept rideshare clients, which driver was at fault for the accident, and other factors. If you’ve been involved in an Uber car accident and have additional questions about the Uber accident report process, contact an experienced attorney for a free case review to evaluate the incident and help you with the claims process. "
What Is a Salvage Title?,"What is a salvage title? You may encounter this term while looking for an inexpensive car or filing a claim after an auto accident. Some people choose to keep their vehicle after a total loss and repair it, which means applying for a salvage title. However, you should always proceed cautiously if you come across a salvage title. All states issue car titles. They show the make, model, year, color, vehicle identification number (VIN), and the owner’s name and address. If you financed the car, the financing lender’s name and address are on the title as the owner. So, what is a salvage title? A salvage title indicates that an insurance company declared the vehicle a total loss after an accident, natural disaster, or theft. A total loss means repairs cost more than the car’s actual cash value. For example, if the insurance company values your car at $10,000 and estimated repairs are $12,000, it would consider your vehicle a total loss.; Total loss standards vary between states. Some states lower the amount considered a total loss. For example, New York considers cars a total loss if the repairs exceed 75% of the car’s value. So, a car valued at $10,000 becomes a total loss if estimated repairs exceed $7,500. Accidents figure prominently in the salvage title scene. However, there are other reasons why a car can end up with one. Here are a few: Salvage titles also arise when owners of a totaled vehicle wish to repair or continue driving them. Owners often choose this option with low-value cars that have liability-only coverage. Also, people who believe they can fix their own cars often want them back as salvage titles. However, an immediate “buyer beware” situation arises if these individuals try to resell their repaired vehicles. If you find yourself asking “what is a salvage title” as you consider a car purchase, you should proceed with caution. You may find a salvage project worth the time and effort if you’re a skilled auto mechanic or car restorer. After all, if the project doesn’t work out, you still have a parts car! A salvage car may also work out if you are not concerned about cosmetic flaws and the vehicle runs reliably enough. However, getting a formal road safety inspection is still a good idea as it could have unsafe conditions that aren’t as easy to observe. Other than that, buying a salvage car is probably not a great option. You will likely pay people more to keep it running than if you purchased a newer car. You can also face these risks when buying a salvage car: The best way to check title status is to run a VIN check. You’ve likely heard of services like CARFAX and Auto Check, but there is also a free check through the National Insurance Crime Bureau (NICB.) That search reveals salvage titles and theft claims. However, less reputable dealerships may engage in title washing when unfavorable information is removed from a title report. Fortunately, there are other signs of a salvage title, such as: An excellent general rule is never to buy a car that leaves you with misgivings. If a buying experience makes you uncomfortable, walk away. There may be nothing sketchy going on, but following your gut will prevent a regretful car purchase. No! If anyone claims they can clear a salvage title – run. Don’t buy from that individual. It’s more likely that their salvage title “clearing” was title washing. A salvage title can become a rebuilt title. Titles for rebuilt vehicles have “rebuilt” branded on them. If you see this designation, someone repaired a salvage title car, and it passed a formal inspection. These are street legal and likely safe to drive. Unfortunately, a salvage title vehicle usually amounts to a costly inconvenience. If you’re stuck with a salvage title after a car accident, there may be ways to recoup your losses. Consider getting a free review of your case today to learn more about your rights and options. "
Auto Accident Settlement Process: FAQ and Answers,"If you’ve been in a serious car accident and seeking compensation from the other party, you may have discussed the possibility of a settlement. Recovering from a car accident can be stressful, but the auto accident settlement process does not have to be. Here are answers to some of the most frequently asked questions about settlements. In law, a settlement is defined as the agreement that ends a dispute and includes the dismissal of the rest of the claims against the defendant. In a car accident case, it means you agree to accept a certain amount of money for your pain, suffering, and any other damage incurred. It means the lawsuit is over and you cannot change the terms later, even if you discover new injuries or other reasons you think you deserve more money. The parties to the lawsuit—the plaintiff and defendant—must both agree to the terms of the settlement, usually on the advice of their attorneys. A settlement typically occurs in lieu of trial but can also take place later if terms of the settlement could not be reached prior to the beginning of the trial. One or both parties may choose to settle a case rather than go to trial to avoid negative publicity. Terms of settlements are often kept confidential for this reason, either to avoid looking guilty, in the defendant’s case, or to keep the amount of money received under wraps, in the case of a successful plaintiff. The settlement process is useful to parties who want to resolve the matter and avoid messy, expensive litigation. Every case is unique and unfolds differently. Some claims settle without a lawsuit ever being filed, and some settle after a lawsuit is filed but before trial begins. If an insurance company offers to accept your claim and you begin the settlement negotiation process, the steps will roughly include: If the insurance company denies your demand or their offer is so low you don’t think you’ll be able to negotiate an amount acceptable to you, then you may choose to file a lawsuit. Sometimes the threat of a jury trial will encourage insurance companies to settle on a higher amount, but it depends on how strong the evidence is in your case. If you do file a lawsuit, the parties will engage in discovery, or evidence gathering. Settlements often take place after discovery but before going to trial, since both sides see the extent of the evidence against them and may be inclined to avoid trial. Still more settlements take place after trial begins, with either side holding out on a settlement agreement as long as possible for various reasons. Understandably, plaintiffs want to know how long it will take to settle an accident claim. You may have medical bills piling up or be dealing with lost income from missing work due to the accident. How long should you expect the process to take? The car accident settlement process takes slightly less than one year on average, with timelines ranging from a few months to two years. Settling quickly is appealing because you get paid faster, but it’s not always advantageous to settle quickly. If you have bills piling up, getting any payout as fast as possible may be your priority. However, taking more time to calculate your damages, gather strong evidence, and draft the best demand letter or lawsuit possible could pay off in the end with a much higher payout. It comes down to the strength of your case and whether you’re willing to spend more time waiting for a potentially higher payout. The answer to this question heavily depends on the facts of your case, and therefore can only be estimated by your attorney. The logical answer is that your payout should be roughly equal to the costs you’ve incurred, as the goal of compensatory damages is to put you in the same position you were in before the accident. Calculating a payout based on medical bills and repair costs seems straightforward. But what about pain and suffering, lost wages, or punishment for wrongdoing on the part of the driver who is at fault? Those items are often subject to compensation but are more difficult to calculate. An experienced attorney will let you know what to expect. You have the option to represent yourself in an insurance demand or lawsuit, but hiring an attorney is always a smart move. Since most personal injury attorneys get paid on a contingency fee, meaning they only take a portion of what you win, you won’t have to worry about paying out of pocket. Hiring a personal injury attorney for your car accident settlement will lessen the emotional burden of recovery and allow you to move on with your life more quickly. After a serious car accident, you’ll have plenty of things on your mind. Once you’ve sorted through the event’s immediate aftermath and sought medical treatment for your injuries, you’ll need to worry about getting your car repaired or purchasing a new one. This will probably require you to engage in a sustained exchange of information with your auto insurer’s claims department. Eventually, it may also necessitate a lengthy and stressful period of negotiations. Depending upon its policies, your insurer may choose to pay off the body shop that repairs your vehicle. On the other hand, it may ask you to cover your repair costs and submit a detailed accounting of the charges to its claims department. In this case, your vehicle’s repair costs will become part of your “accident settlement.” If your vehicle was totaled in the accident, the resale value of the car will almost certainly be bundled into your settlement as well. Unfortunately, your settlement can take weeks, months or even years to come. In many cases, this time frame is directly proportional to the total cost of the accident. If you sustained relatively minor injuries and property damage, your settlement check could come within just a few weeks. If your accident was more serious and necessitated a lengthy physical recovery, your settlement could be delayed by many months. The slow pace at which some medical institutions compile and issue their bills is usually the cause of this “holdup.” However, financial disputes between you and your insurance company may also serve to delay the issuance of your settlement check. If you’re enrolled in an expensive program of physical therapy or claim to have suffered psychological damage as a result of your accident, your settlement may take years to arrive. Ironically, your settlement is likely to be further delayed by your decision to retain a lawyer. In addition, your lawyer may be willing to make unpleasant compromises in the service of expediency. If your lawyer urges you to accept an expeditious but inadequate settlement, you may refuse to do so. If he or she presents the settlement as a “final offer” that isn’t likely to be repeated or exceeded, you have the right to bypass him or her and negotiate directly with your insurance company’s claims department. Since your lawyer may be working on multiple cases at once, this might actually speed the claims process along. However, your “fired” lawyer may still have the right to bill you for his or her services. You can find lawyers for auto accidents everywhere! They advertise online, on TV, and even on bus benches and billboards. All this information makes it challenging to figure out whether an attorney is good at handling auto accidents or is a good match for your situation. Fortunately, there are ways to make it easier to find a lawyer for an auto accident. Here are five tips to help you find a personal injury attorney. If you find yourself asking, Should I get an attorney after a car accident? chances are, the answer is yes. You may need to call a lawyer sooner rather than later if your insurance claim doesn’t go as planned or if you face any of these situations after a car accident: You also have a limited window for filing a legal action against another driver. These laws are called statutes of limitations. Depending on your state, your time limit may range from two to three years from the date of your injury. Hiring a lawyer can help you avoid missing these deadlines. You likely trust your friends’ and family members’ judgment, so ask them who they hired. You may find an excellent personal injury attorney match or learn who to avoid. If you don’t know anyone who has recently hired an auto accident attorney, search online and read reviews. You can find reviews when you pull up law firms on search engines. One review site, Avvo, lists attorneys and allows former clients to review them. Generally, you want to find an attorney who is skilled, professional, and reassuring. Most of this is personal preference, so take your time with this step. Start with calling attorneys first. Those first phone calls will give you an idea of how an attorney communicates and whether their office runs smoothly. Calls also indicate turnaround time; you want responsiveness, not days waiting for a return call or email. When you find someone promising, schedule a time for a consultation. Many attorneys offer a short consultation free of charge to discuss your case. If you’re not sure whether there will be a charge, be sure to ask. Some lawyers for auto accidents run like ‘personal injury settlement mills,’ which take as many cases as possible and settle them quickly. Proceed with caution if: The “mill” approach often fails to give your case the personal consideration or attention to detail it needs. You likely want to avoid those law practices and seek an attorney who treats you like a human rather than a potential settlement amount. Most personal injury lawyers charge a contingency fee for their services. The terms for this fee are outlined in a contingency agreement, which explains how lawyers receive compensation. Unlike a fixed hourly fee, you don’t have to pay attorney fees until the lawyer settles or wins your case. Once that happens, the attorney receives a portion of your damages award as their fee. That portion depends on when the case is settled. Percentages can range from 25% (if the case settles before the insurance company gets its attorney involved) to 50% (if the case goes to trial.) Here’s an example of how this works. Let’s say you sustained a bad whiplash injury, and your case settles directly with the insurance company for $25,000. In this case, your attorney receives 25% of the award as a fee, which is $6,250, leaving $18,750. You receive the balance after your attorney arranges payment of outstanding medical bills and other costs. Any agreement regarding contingency fees must be in writing, so don’t go forward with an attorney if they never present a written fee agreement. Make sure you understand how much an attorney receives and when. Ask questions if any part of the agreement is unclear. Choosing a personal injury attorney is similar to finding a therapist. You want to get along with them, but more importantly, you should feel safe talking to them. Successful car accident cases depend on you being as open as possible about everything, including items that may affect your credibility (past felony convictions, work issues, etc.). Your attorney can’t deal with those issues unless you share them. Also, injuries may come with embarrassing symptoms and circumstances. Your attorney may need to provide these facts to insurance adjusters and the attorney for the other party. The impact of your injury may be important to the success of your claim. Don’t hire an attorney if you can’t discuss these details with them. Your attorney should also listen well, answer your questions, and explain things you don’t understand. You should feel seen, and if that’s not the case you should find someone new. While money can’t replace the time and enjoyment lost after a wreck, it can make things easier — especially if you miss work or incur expenses due to car crash injuries. Even a minor car crash injury, like whiplash, can be painful and disruptive. Here’s how you can get compensated and move forward after an accident. The first step to receiving compensation for car crash injuries is filing insurance claims. Those claims are more likely to be successful if you have information ready. Start with the basic information you need for an insurance claim: Also, consider taking photos, especially if you feel shaken and worry about forgetting important details. Examples of compelling car crash photos include: Later, you can request accident reports, including anything filed by a law enforcement officer. The report may include facts you don’t remember and, more importantly, any tickets issued to other drivers. Record what happened while it remains fresh in your memory and note any pain or distress. You can write these observations down, but you might find it easier to record a short video or audio account on your smartphone after the accident. Seeing a doctor after a car accident documents your injury. Your injury claim is more credible if you seek medical attention immediately than if you linger in pain for days or weeks. If hidden injuries present themselves later, you at least have a pattern of establishing medical treatment and seeking care. Unfortunately, accident victims frequently overlook medical and mental health treatment as an important step to receiving compensation. Many drivers lose insurance claims because they downplay soreness or brush it off as ‘not that bad.’ Seek treatment for these common car accident injuries if you are sore, unusually distressed, or feel simply “off.” Soft tissue injuries include sprains, strains, and bruises to the muscles, tendons, and ligaments. Symptoms can be immediate or show up days after an accident. However, without treatment, these injuries become extremely painful. Examples include whiplash and back pain after an accident. Accident victims may sustain bruises and cuts from broken glass or impacts with the steering wheel, door panel, dashboard, or flying objects. Also, deployed airbags cause abrasions, especially with shorter drivers who sit closer to the steering wheel. You can suffer burns if your car or anything inside it accidentally catches fire. Airbag deployment can also cause burns on your hands and face. Drivers may also sustain burns if vehicle fluids or hot drinks splash on them at impact. If you sustained whiplash or experienced a headache after a car accident, it may be a good idea to have a doctor evaluate you for traumatic brain injuries (TBI). They can happen when accident victims hit their head on a dashboard, door frame, or steering wheel — but the jerking back-and-forth motion of a whiplash accident can also cause brain trauma. You don’t have to lose consciousness to sustain a TBI; if you feel dizzy, tired, confused, nauseous, or “foggy,” see a doctor immediately. Bad car crashes may result in broken bones, often hands, wrists, arms, ankles, and ribs. Drivers may suffer a fracture when they brace against the steering wheel or floor. Blunt force trauma is another cause of fractures. But you may not notice the fracture right away. For example, “dashboard knee” is usually a soft tissue injury resulting from the knee hitting the dashboard. However, further investigation can reveal cracked knee caps along with ligament swelling. Internal injuries are frequently hidden and you may not feel them until they become serious and life-threatening. It is a good idea to head to an emergency room or urgent care center as soon as possible after an accident so doctors can check for internal injuries before they become serious. There are instances where people develop PTSD from a car accident. Even minor accidents can lead to anxiety disorders, phobias, and other disruptive mental health conditions. You have two options for filing an insurance claim for car crash injuries: filing it with your insurance or filing with the other driver’s insurance. It’s normal to want the at-fault driver to cover your damages, but there are good reasons for using your own insurance. Using Your Insurance CoverageYour insurance policy may include personal injury protection (PIP), which covers medical expenses, lost wages, and rehabilitation costs when you sustain injuries in an auto accident. PIP pays these bills regardless of fault, so it keeps your expenses paid and under control. It’s also helpful if you miss work since it covers lost wages. Another benefit of PIP is its replacement services coverage. If pain, recovery, or immobility make life matters unmanageable, PIP will cover basic services like house cleaning, landscaping, and extra child care. Besides PIP, you may also carry uninsured/underinsured motorist coverage. This coverage pays medical bills, property damage, and noneconomic damages, like pain and suffering. It activates after hit-and-run accidents or when the at-fault driver doesn’t have enough insurance coverage to pay your damages. You may wish to skip your insurance and go straight to the other driver’s insurance if: Claims limited to property damage are the easiest to settle with another driver’s insurance policy. Insurance companies typically don’t dispute property damage after they accept liability. Also, repair receipts or estimates make property damage objective and easy to prove. If the insurance declares your car is a total loss (totaled), it will reimburse you for the car’s actual cash value (ACV). Car accident injury damages fall under two categories: economic damages and noneconomic damages. Economic damages include medical expenses, lost wages, rehabilitation costs, and other out-of-pocket expenses. Noneconomic damages are less tangible and they involve placing a dollar amount on things like “pain and suffering” and “reduced enjoyment of life.” You need to take different approaches when proving these damages. Here is how to start itemizing damages from a car crash injury. Economic damages are easier to prove in a car crash injury claim if you keep receipts and invoices. Once you start medical treatment and the claims process, you can likely get reimbursement for expenses arising from the accident. Medical care will likely make up the largest share of your economic damages. You can prove these expenses by keeping the following: Medical payments will likely pay out directly to your providers, not you personally. So, when you submit bills to the insurance company, ensure you provide the most updated statements. Otherwise, you risk still owing a balance after your case settles. For lost wages, take a compare and contrast approach. Start with pay stubs showing your income before the accident, and then pull up pay stubs after the accident. The comparison shows your wage loss and determines your compensation amount. You can take the same approach with diminished earning capacity. Sometimes, people can’t return to their previous profession due to disabling injuries. Head trauma, for example, may make it impossible for an accident victim to continue working as an accountant or attorney. Likewise, a physical disability may remove a car crash victim from a heavy-duty job into a lower-paying light-duty one. You may establish diminished earning capacity by comparing your previous pay to your current salary. Noneconomic damages are difficult to prove because they are subjective and vary between individuals. Your compensation amount can depend on how much your injuries change your life. Proving noneconomic damages is challenging but not impossible. The trick with these types of damages is contemporaneous records; you’ll need a history of what you were feeling or experiencing. These records are much more persuasive than recounting memories of your experience when you discuss them after your recovery. Consider keeping a journal of your recovery, either written, video, or voice recorded, and document your challenges. Even the most mundane details will help your case. For example, note any time you miss a vacation or a long-anticipated event or if you have severe pain one day that prevents you from grocery shopping. Other people can help you prove noneconomic damages, too. Your family, friends, and other loved ones can submit statements of what they witnessed. If you have mental conditions like PTSD from a car accident, psychiatric and counseling notes could help. The aftermath of a car accident can be exhausting. Once the dust settles and you’re away from the scene, it’s time to deal with paperwork. This is how to get a police report for a car accident, what you can expect, and the reasons you need one. The most common reason to obtain a report is to send it to your insurance company. All critical information such as contact and insurance for the other parties, diagrams of the accident, vehicle details, and date and location are contained in this one document . These five tips can make the process clearer and easier for you. There are a few strategies for how to get a police report. For a car accident in which police respond to the scene, it is a good idea to get the officers’ names and badge numbers. This makes tracking down the report much easier later. You can access a report filed by a responding officer in the following ways. Contact the appropriate law enforcement office to request your report. Whether the local police, county sheriff, or highway patrol respond depends on the jurisdiction. For example, state troopers may respond to accidents occurring on interstates and highways. The responding officer should give you instructions on how to find your report once it’s filed. If not, call or visit the appropriate police department. Additionally, many jurisdictions have simple online forms you can fill out to request your accident report. It is worth asking the responding officer if they have a carbon copy of the accident report available at the scene. This is unlikely as most jurisdictions charge a fee to access accident reports. If there is not a carbon copy available, the officer should provide you with a free report receipt, which you can reference to request the full report later from the appropriate law enforcement office. Usually, you are the one who obtains the report and sends it to the insurance company. Occasionally, however, your insurance company will collect the report, and you can request a copy from them. It’s worth asking your insurer since it could save you time and money. Your instinct will likely be to track down the accident report as soon as possible, but it might not be ready. Some jurisdictions may not make the report available until, for example, at least 14 days after the accident. On the other hand, some jurisdictions limit how long you have to request your report before it’s no longer available. It may be possible to obtain a copy if you miss the deadline, but it will be more difficult. Check with the responding police officer or law enforcement office. You should get documentation even if the police weren’t called. Legal problems can arise even after the most minor fender-benders. Other parties can claim later that they were injured, or claim you were at fault even if you were not. A police report may protect you from liability for something you didn’t do, or from car accident fraud. You may wonder how to get a police report for a car accident when police officers did not respond to the scene. In that case, you would need to file your own accident report by visiting your closest Department of Motor Vehicles (DMV) location. You may have between 10 and 30 days to report an accident on your own, depending on your jurisdiction. Depending on the state, your accident report may only be available to you, your attorney, your insurance company, and the other parties to the accident. You will likely need to request the accident report yourself. Rules for how to get a police report for a car accident vary by state. Some reports become part of the public record after a certain amount of time. Even when records are technically public, they may still be behind a paywall or only available for certain purposes. Your accident report was created by another person, so it likely won’t be perfect. Review it closely and bring any errors to the attention of the law enforcement office, or ask if you can amend it to include missing information. This can shield you from liability that may arise from a mistake or omission in the report. Every car accident is stressful, even a minor fender bender. These unfortunate events disrupt your routine, cause delays, and can set you and your passengers on edge. Knowing what to do after a minor car accident can put you in a much better position to make the best decisions in an emotionally charged situation. There is no generally accepted definition of a ‘minor’ car accident. However, the National Highway Traffic Safety Administration (NHTSA) defines the term in the context of when you should replace a child safety seat. A minor crash is one in which all of the following apply: Because it’s better to be overcautious regarding driver and passenger safety, this definition essentially restricts the designation to all but the slightest collisions. In broader terms, most people would probably agree that a minor car accident is one in which the vehicle(s) involved sustain minimal damages and the occupants have only minor injuries. However, the existence and scope of damages can be challenging to determine at the time of an accident. Accidents that seem to be small may result in significant damage. With a ‘latent injury‘ you may not feel hurt immediately after a car accident, even if you are. Adrenaline and endorphins can delay the onset of pain for injuries like broken bones and torn ligaments. Many other types of injuries — both minor and severe — may not be readily apparent. Some conditions take a day or more for symptoms to appear. Serious conditions like internal bleeding may not show any symptoms at all until it is too late. Minor car accidents can cause bruising, muscle strain or sprains, herniated disks, pinched or damaged nerves, concussions or other traumatic brain injuries (TBI), and more. Left untreated, many of these conditions can lead to chronic pain and serious complications. Some can even be fatal. If you are involved in an auto accident, it’s always a good idea to get checked out at the scene and again by your primary care provider within a few days. Modern vehicles are much different from classic cars and trucks. In the past, vehicles generally consisted of an exterior shell mounted on a chassis carrying the powertrain (motor and drivetrain). If a collision damaged part of the body, swapping in a new panel or part was easy and inexpensive. By contrast, most new vehicles use unibody construction: The car’s frame and body are manufactured as one piece. Even minor impacts can lead to significant structural damage and be very costly to repair. Most newer cars also contain advanced electrical and computer systems that control nearly every component of the vehicle’s operation. Hybrid and fully electric vehicles contain complex rechargeable battery systems (usually expensive lithium-ion batteries). Repairs can be very costly. Even a minor car accident can lead to your vehicle being declared a total loss, especially if it causes damage to one of these systems. For some luxury vehicles, an accident can significantly diminish the car’s value. Generally, the people injured in an auto accident are entitled to recover compensation (‘damages‘) from a driver or other party who is at fault for the occurrence. Often this is the driver of another car, but it can also be a property owner who allows a dangerous condition, a company that negligently hired a bad driver for its delivery truck, or another responsible third party. A liable party may have to pay “compensatory damages” to put the injured parties in the same position they were before the accident. Compensatory damages usually consist of “special damages” to reimburse the costs of medical expenses, vehicle damage, lost wages, and other financial losses related to the accident. They may also be liable for “general damages,” compensating the accident victim for losses like pain and suffering, emotional distress, and other non-monetary losses. Many people now use their vehicles to make extra money as rideshare drivers (Uber, Lyft, etc.). If you are unable to drive your car for a period of time after an accident (either because of damage to the vehicle or as a result of your injuries), you may be able to recover compensation for this loss of extra income as part of your special damages claim. Sometimes, a car accident that’s not particularly serious can still cause a driver to incur significant expenses. For example, if a store’s delivery van is involved in a small accident and unable to make its scheduled stops, the business may have to make expensive last-minute arrangements. In other cases, a driver may carry something perishable or fragile, and even a small accident could cause costly delays or breakage. Especially in unusual circumstances like these, hiring an experienced auto accident attorney can help you recover the full value of your damages.   The settlement process can seem daunting in the months after a car accident. Find your match with an experienced attorney who can guide you through the process. "
Can You Get Unemployment If You Get Fired?,"If you’re wondering Can you get unemployment if you get fired? you’re not alone. In fact, getting fired can happen to the best of us. Whether you’re entitled to unemployment benefits after being terminated depends in large part on the reason for your firing. We’ll discuss how unemployment benefits work, the difference between being laid off and being fired, and whether you can get benefits if you were fired for performance reasons. Unemployment benefits are a joint state and federal stopgap solution that provides short-term payments to unemployed workers looking for a new job. State law determines whether, how much, and for how long a prior employee can receive benefits by looking at payments and hours worked during a “base period” of employment. The benefits program provides 26 weeks of federal payments, with some states matching, exceeding, or even providing fewer weeks of payments than the federal portion. Unemployment benefits are available to those who are temporarily unemployed, through no fault of their own. Qualification for benefits primarily hinges on why the employee was let go, which begs the question: Can you get unemployment if you get fired? Not typically, but it depends. While the basic structure of unemployment generally stays the same from state to state, each state sets its own eligibility requirements, benefits, and filing procedures. For example, according the the Massachusetts Department of Unemployment Assistance (DUA), you must satisfy the following three eligibility requirements to receive payments: To be eligible for unemployment benefits in the state of your residence, you must: The answer to this question depends on the state in which you live and the specific circumstances of your firing. Generally speaking, if you were fired for poor performance, you may not be eligible for unemployment benefits either entirely or for a short time (disqualification period). What defines “poor performance” varies from state to state. Common performance-based scenarios rendering an individual ineligible for unemployment benefits include: Can you get unemployment if you were fired but have reason to believe it was an unlawful termination? Usually yes, if it was in fact an unlawful firing. But, it may require legal action. It’s important to know that all employees have certain protections under the law. Because employment is typically ‘at will,’ employers can terminate employees at any time for any legally defensible reason. If, however, an employee believes the basis of the termination was discriminatory or retaliatory, they can contest the termination by filing a wrongful termination claim. Finally, employees who are fired may be entitled to severance pay or continuation of their health insurance coverage. Other rights include: Understanding the rights of fired employees can help to ensure that they are treated fairly and receive the compensation to which they are entitled. Generally, employers can contest unemployment claims if they have grounds to believe that the claimant is not eligible for benefits. For example, if an employer believes that an employee was fired for misconduct, they may contest the claim on those grounds. Employers may also contest claims if they believe that the employee quit voluntarily or is still working part-time for the company. However, if you were ‘constructively terminated,’ meaning you were intentionally forced out by the actions or decisions of your employer, they may not be able to contest your claim. Simply put, you’re alleging wrongful termination in such an instance because you were left with no other decision than to quit. The key difference between being laid off vs. fired is ‘fault.’ If you’re fired, you’re found at fault. If you’re laid off, the company is found at fault. Most layoffs occur when companies must cut costs, reduce staffing, or due to other reasons such as mergers and acquisitions. Many factors can impact an unemployment benefits decision. If you’re still wondering, Can you get unemployment if you were fired? speak to an expert today for answers. "
How to Get an Order Of Protection Dismissed,"If you have an order of protection against you, it can be a very daunting experience. You may feel like you are unable to leave your home or see your family. Thankfully, there are ways to get the order of protection dismissed. In this blog post, we will discuss the steps that need to be taken in order to get the order of protection dismissed. Keep reading for more information!   An order of protection is a court order that someone can acquire from a judge, protecting them from someone. In most cases, it would be from an abusive spouse, and anyone who violates it can face severe penalties.  There are three different types of protection orders where people can lawfully get the protection they need.  They are: A temporary protection order is an order that’s legally put forth to a judge to keep an abuser away temporarily until that person can seek to get a permanent protection order. This order would last up to 14 days, and if the petitioner wants to proceed to get a permanent restraining order, they can.  An individual can seek a permanent protection order if they feel like they are still being threatened for their life after having a temporary restraining order in place. The permanent restraining order can last for a long time, and the judge will put different protections to safeguard the individual in danger.  The emergency protection order is where an individual would look for an instant restraining order against an abuser. If the threat persists, that person will go further by getting a temporary or permanent protection order.   Getting an order of protection dismissed is not a long process, but anyone who wants the protection order lifted should prove to the court that they are no longer violating it. In most cases, the court has to remove the lift, or if someone doesn’t extend it, the judge may not renew the order of protection.  Furthermore, if someone would like the order of protection dismissed before the initial time it’s supposed to, that person can file a motion. Filing a motion has to be done with the court, and it has to include the date, reasons for wanting the order of protection dismissed, and each person’s name.   If someone violates an order of protection, it is considered a crime, and anyone who does it shouldn’t, despite emotions being at their peak because of having the restraining order. If the other person violates the protection order, the only thing someone should do is to call the police immediately.  Breaking the law isn’t the right thing to do, and anyone violating the protection order can be slapped with hefty fines or even face some jail time.   A protective order can last up to a couple of years, depending on the order of protection someone has. There are temporary, emergency, and permanent restraining orders, and depending on which state you reside in, each type of order would have different time frames. For example, in California, a temporary protection order would last for 20 to 25 days; in New Jersey, it would typically be for up to 10 days; and in Maryland, it would not be more than seven days. Meanwhile, the emergency and permanent protection orders would also be the same, depending on where you live.  How to File a Harrassment Restraining Order   Anyone facing domestic violence should not take it lightly and immediately call 911 or report it to law officials. Also, no one should feel bad or scared to report such crimes because it can cause hurt to everyone, including children and family members.  There are various resources where someone facing domestic violence can go and find the help they need. Some of these resources are: There are also some numbers persons can call to get help, like the national domestic violence hotline and the national center for victims of crime. The persons in charge of receiving calls at these various institutions are always available to chat 24/7.  "
How to Track My Disability Back Pay,"If you have a disability and seek government assistance, it’s crucial to track your Disability Back Pay (DBP). The DBP is the total amount of back pay you’re owed from the Social Security Administration (SSA) when you were unable to work. This article will walk you through how to track your Disability Back Pay (DBP) and what steps to take if there are any problems with your claim.  Social Security disability insurance (SSDI or SSD) is an insurance program that provides financial assistance to individuals unable to work due to an injury or illness before they reach retirement age.  The exact benefits and eligibility requirements vary from state to state, but typically, the insurer will provide a set percentage of the insured’s pre-disability income. In some cases, the insurer may also cover the cost of medical treatment and rehabilitation. Disability insurance can be purchased as an individual policy or as part of a group plan, such as an employer-sponsored insurance plan.  Short-term disability is insurance that provides compensation for missed work due to a covered illness or injury. Usually, the employer pays for the coverage either in full or in part. The specifics of what qualifies as a short-term disability vary by policy, but generally, the illness or injury must prevent the policyholder from performing the essential functions of their job. Some policies also have a waiting period before benefits kick in, and most have a benefit limit of 26 weeks. While short-term disability policies can provide much-needed financial support during tough times, it’s important to understand the limitations of these policies before you purchase one. Otherwise, you might find yourself unexpectedly without coverage when you need it most.  This coverage is similar to workers’ compensation but has different applications. Workers’ compensation provides coverage when the illness or injury occurred at work or due to workplace activities. In contrast, short-term disability provides coverage even when the employee injures themselves outside of the workplace. Generally, you cannot qualify for both workers’ compensation and short-term disability for the same incident at the same time. Long-term disability insurance is a type of insurance policy providing financial assistance to individuals who cannot work for a long period of time. You can qualify for it if you: Some medical conditions that can qualify for long-term disability benefits include:  This list isn’t exhaustive and qualifying conditions vary depending on your insurance policy. You can apply for disability benefits online, or if you don’t have access to the internet, you can apply by calling the Social Security Administration’s toll-free number, 1(800) 772-1213.  You’ll need to provide information about yourself and your family members to apply. This includes information like: For more information, visit the Social Security Administration’s website.   The Social Security Administration (SSA) offers a variety of programs to help those with disabilities, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). If you are approved for benefits, you may be entitled to disability back pay, past-due benefits, or the number of benefits you would have received had your application been approved immediately. Back pay can be paid in a lump sum or in installments, and it is important to keep track of your payments so that you can budget accordingly.  Still confused on how back pay works? It’s like this. Pretend your rheumatoid arthritis prevented you from completing your daily tasks at work in January. However, you applied for Social Security Disability Insurance in February, but your claim was denied. Then, you appeal, and an ALJ (administrative law judge) ruled in your favor, determining that your disability did begin in January. However, it’s now December, and you haven’t received a paycheck in nearly a year. So, you’re entitled to back pay. By law, SSDI benefits have a five-month waiting period, so you’re entitled to 10 months of back pay.   You can also receive back pay for delays in applying for Supplemental Security Income (SSI).  There are a few different ways to track your disability back pay. First, you can create a simple spreadsheet with the date of each payment and the amount received. This will help you keep an accurate record of your payments and ensure that you do not miss any payments. You can also set up a bank account specifically for your disability back pay, which will help you keep track of the money you receive. Finally, you can ask the Social Security Administration for a statement of your back pay every six months. This statement will provide detailed information about your pay.  SSD benefits can be received back to the year before the application date, which means you can receive a maximum of 12 months of back pay. There is no limit to the amount you can receive.  If you are receiving Social Security Disability Insurance (SSDI) benefits, you may be wondering if you can still work. The good news is that the Social Security Administration (SSA) allows recipients to try working for up to nine months within a five-year period through a Trial Work Period (TWP). During the TWP, you can earn any amount and still receive your full SSDI benefits. This period is designed to give you a chance to see if your health has improved enough that you can return to work regularly. If you go back to work full-time after the TWP, your SSDI benefits will stop. However, you may still be eligible for Medicare coverage for up to 29 months.  After your TWP ends, you’re eligible for a three-year Extended Period of Eligibility (EPE). This allows you to work and receive SSDI benefits for your earnings at or below the Substantial Gainful Activity (SGA) level every month. Also, for the first five years after your benefits end, with Expedited Reinstatement (EXR), if your earned income drops below the SGA level, you can get back on SSDI benefits without having to reapply.    Generally, no, you cannot collect both social security and disability. You may qualify for the Supplemental Security Income (SSI) if you meet the financial criteria.  Through the Social Security Administration website, you can check the status of your application online using your personal my Social Security account, or you can call the SSA directly at 1 (800)772-1213. Unfortunately, there’s no way to get your backpay faster. Under certain circumstances, you can get some of your pay faster by contacting the Social Security Administration (SSA) and asking them to release the funds to you sooner. There is a five-month waiting period after you’re approved for Social Security Disability Insurance (SSDI) benefits. The waiting period begins with the date that your disability began. For example, if you became disabled on June 1, 2018, your waiting period would begin on that date. Your first benefit would be paid for November 2018. If you have a disability that is expected to last at least one year or result in death, you may qualify for SSDI benefits. You can check your social security benefits using your mySocialSecurity account. Once you have an account, you can check your benefits and application status, estimate future benefits, or manage your benefits.  If you have been approved for disability benefits, it is important to track your back pay. This will ensure that you are paid the correct amount of money for when you were out of work. The Social Security Administration has a process in place to help beneficiaries track their back pay. You can also use a third-party service to help you keep track of your payments. By following these steps, you can be sure that you receive all the money that you are owed. "
How to Report a Business,"Are you unhappy with your experience at a business? Whether it’s a small local shop or a large national chain, customer satisfaction is important. The best way to let a business know that they’re not meeting your expectations is to report them. Certain reports can be made anonymously, so you don’t have to worry about repercussions from the business in question. This article will help you understand the process of how to report a business. Reporting a business can be a complicated and stressful process. There are a number of things you should do before you report a business so the process goes as smoothly as possible. First, research the business you want to report. This includes looking up their contact information, visiting their website, and reading any reviews or complaints about them.  You should also gather any evidence you have of their wrongdoing, such as receipts, emails, or pictures. This way, you can back up your claim.  Once you gather the information, you can contact the Better Business Bureau (BBB) or the Federal Trade Commission (FTC) to file a complaint. Include all of the relevant information and evidence in your complaint so that it can be properly investigated. We’ll review this process more in-depth in the next section.  If you aren’t satisfied with the way a business conducted itself, you have the right to complain. The first step to reporting a business is to go directly to the business you’re trying to report. This way, you can try to encourage customer service to rectify the situation. The company may give you a discount or offer you a free service. After speaking with customer service, ask them to transfer you over to a manager. Explain what happened,  when it happened, who it happened with, and any additional information that may help them investigate the incident. If the company doesn’t attempt to help you or investigate further, then you can move on to step 2.  Some complaints are best displayed publicly as the company may be quick to save face and offer you a way to resolve the dispute.   Write your complaint to the Better Business Bureau using their online complaint filing system.  Every year, countless businesses are reported to the Better Business Bureau (BBB). The BBB is a nonprofit organization that collects complaints from consumers and helps businesses resolve issues. If you’ve had a negative experience with a business, reporting it to the BBB can help to hold the business accountable and prevent others from having the same experience. Once the report is filed, the BBB will investigate and work with the business to try to resolve the issue. If the problem is severe enough, the Federal Trade Commission (FTC) can investigate the company. The complaints offer the FTC the opportunity to build a case on the company, in the event of wrongdoing. On the FTC’s website, you can file an online complaint in a matter of minutes. If you’re a victim of spam and fraud, email the FTC’s Consumer Fraud Department. Once you file your complaint to various channels, you may be wondering what happens after you report a business.      When you report a business, the first thing that happens is that an investigation is opened in order to determine whether or not there has been any wrongdoing. This usually involves looking at the business’s financial records and speaking to employees and customers. If the investigators find evidence of illegal activity, then the business will be shut down and the owners may be prosecuted. In some cases, businesses may be able to avoid prosecution by agreeing to pay a fine or make changes to their practices. However, if a business is found to have engaged in serious illegal activity, it may be permanently shut down and its owners could face prison time. Unfortunately, the Better Business Bureau (BBB) doesn’t process anonymous complaints so you’ll need to provide your personal contact information as well as evidence pertaining to the incident which will then be shared with the company under investigation.    If you’re ever in the unfortunate position of handling a business you reported, there are some things to keep in mind as you continue to deal with the reported business.  Businesses are legally required to cooperate with investigators, so don’t be afraid speak up. If there’s a specific complaint, let it be known and heard.  In the event you need to file a complaint or take legal action, you’ll need evidence to back up your claim. Keep track of all correspondence or documentation related to the case. Finally, be prepared to be patient; investigations can take weeks or even months to complete. It isn’t a speedy process and for good reason as investigators need time to review your case.  If you follow these tips, you’ll be in good shape to get the resolution you’re looking for.    There are a few things you’ll need to do in order to properly report a business. First, you’ll need to gather all of the necessary documentation. This includes paperwork detailing the nature of the business, as well as any relevant financial records. Once you have all of this documentation, you’ll need to file a report with the appropriate agency like the Better Business Bureau or the Federal Trade Commission. If you’re reporting a business for its bad practices, try to resolve the issue directly with the business. If you are not able to do so, or if you believe the problem is serious, you can file a complaint with the appropriate government agency.  One of the online services the BBB offers is the ability to file a complaint against a business. This can be helpful if you feel like you have been treated unfairly or if you have experienced a problem with a product or service. The BBB will investigate the complaint and try to resolve the issue. If they are unable to do so, they may take legal action against the business. filing a complaint with the BBB can be an effective way to get results. Everyone has had a less than satisfactory experience when dealing with a business. Maybe the product or service you received was not what you expected, or the customer service was less than acceptable. If this has happened to you, don’t sit and complain to your friends – report the business! Reporting a business can help protect other consumers from experiencing the same problems, and it may also help get your money back or improve the service you received. "
What Is Double Parking?,"If you’ve ever been to a city, you know that parking can be a nightmare. You can spend hours driving around in circles looking for a spot, only to find one that’s too small or the wrong way around. And don’t even think about parking on the street! But what are your other options? Many people turn to double parking. While it may seem like a quick and easy fix, double parking can often lead to problems. In this article, we will answer the question, what is double parking? Double parking is when one driver of a vehicle parks directly behind or next to another vehicle that is parallel parked, making it difficult to remove his car from the street. Double parking can also cause more traffic congestion, and drivers are prone to making more accidents. Not only so, but persons are also likely to receive traffic fines.     Double parking isn’t the safest thing to do, and anyone caught doing so can be fined. There is another alternative individuals can do to avoid doing that making it easier for themselves and other drivers.  If you’re driving on a busy street and notice that there are already other vehicles parked where you usually do, then the safest thing you can do is make a couple of rounds about the street. If there is no chance of parking on that street you want, you can park a little further from where you usually do to get to your destination. Besides, nothing beats a little exercise!  Another option could be leaving your car at home and taking the bus or train to get to where you’re going or paying for your parking stall in advance to avoid looking around and having other drivers take your spot.     If you have been in a situation where someone has double-parked you, the safest thing you can do is remain calm, try your best not to get angry, then call the police, and they will take it from there by maybe towing out the vehicle.  If you don’t want to involve law enforcement, the other option would be to wait it out. Maybe be patient until the driver of the vehicle who double-parked you returns to move their car.   How Do I Know If I Have Outstanding Traffic Tickets? Double parking is illegal, and this can lead to traffic violation fines. Each state has different traffic violation fines for doing so, for example: The obstruction of traffic, especially in the busy city, is unbearable and can get drivers very irritated, leading to accidents. Furthermore, the persons who double park would make it very difficult for other drivers to remove their vehicles.  "
Siblings’ Rights After Parents’ Death – A Guide to Planning & Decision-Making,"No one ever thinks about outliving their parents, but when it happens, the surviving siblings can be left with a lot of unanswered questions. What are their rights and responsibilities? How do they divide up the estate? Who makes decisions for the family? This post will explore those questions and offer some guidance about siblings’ rights after their parents’ death. After parents’ death, siblings have lots of planning and decisions to make. In addition to grieving, there are many legal matters that have to be settled upon too.   The conflict between siblings usually begins at the death of parents, and sibling would want their rightful share in whatever their parents owned. There comes into play a will or trust. If the parents left a will or a trust, it would be easier for the siblings.  However, there can be situations where the parent never left a will, so siblings will have to decide who gets what, which could be a challenge. One sibling may complain about not having enough money, while the other may want complete control over the business, or the property should be under another’s name. Not having a will or trust could cause a terrible family feud and lead to circumstances they’d regret later. If the parents never left a will, or if there was a will and the siblings want to avoid all this confusion, they would have to take it to court. Throughout this process, the court will decide who legally gets what. By the court, distributing the deceased parents’ assets lawfully to each person is a process called “probate.”    Dividing of wealth amongst siblings after parents’ death can be a disputable matter. Generally, the dead parents’ wealth is supposed to be divided equally among siblings, but sometimes this may not be the case.  In the parents’ will, sometimes if there is a sibling that’s disabled, there would be a more significant amount of wealth left for this sibling because of their disability. In some situations, the oldest amongst the children would seek more, or maybe a sibling with medical issues would want more from the parents’ wealth. Having a will is always the best way to avoid conflict between siblings, but they could always contact a lawyer to sort out issues if there are disagreements.    After their parents’ death, typically, the siblings already living in that house would just remain there if they didn’t want to leave. However, if the deceased parents made a will and didn’t give them ownership of the home, then the person’s name who is on the will to own the house would have to inherit the home.  The sibling who’s supposed to inherit the house can decide who can reside in the home or leave.  Losing your parents is just something no one can get used to because at whatever age you are, the thought of the death of your parents, in reality, can be a hard pill to swallow. If the siblings are adults, then there are greater chances that they can take care of themselves, like buying their food and going through their schooling. However, when it comes to younger children, this can be more challenging because they are under age and can be more vulnerable to: Usually, in younger children, the caregiver would have the responsibility to continue to pay for their school, food, etc. There can also be some strategies that can help children who fall under this category to cope, like being positive and speaking kind words to the children, giving them a listening ear, communicating with them, etc.    After their parents’ death, some siblings may decide upon selling the house. This decision on the sale of the family home may be easy, but sometimes it can also be problematic. Many questions should be asked in this situation, like did the deceased parents leave a will, and is it included in that will who should own the home, or should the house be sold? Another question should be whose name is on the title of the house? And is the house completely paid off, or is there still a mortgage on the home? If the sibling inherited the house from the deceased parents, some steps must be completed before the house’s final sale. Some of these steps include contacting the estate executor, finding a real estate agent with experience in selling homes such as inherited homes, verifying the insurance policy for the inherited house, etc.  If there is more than one sibling, and all children have no known medical issues or disabilities, the most obvious thing is to equally share the deceased parents’ possessions. However, with or without a will, if the sibling wants more than their share, they can get a lawyer and take it to court.    Siblings dealing with the death of their parents’ intestate can come with some issues compared to the siblings whose deceased persons have a will. Having a will makes things a lot easier, however, being intestate (someone who dies without a will) can cause many disputes between family members about who should own the property.  Since the parents never left a will, sometimes siblings may want plenty more than others, leading them to court.   Can I get financial aid when my parents file bankruptcy? As mentioned before, having a will is the best and safest thing. Still, if no will is involved, then the siblings should try their best to communicate properly, make decisions based on each other thoughts and try their best to divide the parents’ possessions in an equal manner.  "
Is Pepper Spray Legal in NYC?,"It’s no secret that New York City is a big, bustling city with more than its fair share of crime. So, when faced with the reality of being mugged or worse, many people turn to self-defense mechanisms like pepper spray to protect themselves. But is pepper spray legal in NYC? Let’s take a closer look. Pepper spray consists of an ingredient called oleoresin capsicum, an oil that originates from the plant of the genus Capsicum where we get those spicy chili peppers. A few sprays and someone’s eyes become very teary because it stimulates the tear ducts in no time. Another critical ingredient called capsaicin is found in pepper spray; capsaicin is the chemical that produces the heat in the chili peppers. However, the heat in those peppers can’t be hotter than the pepper spray! This “fiery spray” has far more concentrations of capsaicin than the chili peppers we consume. People would usually purchase this spray to protect themselves against violent attackers, animals like bears, or aggressive dogs. Persons should not use pepper spray in any other way other than through self-defense from an attack or attacker. Furthermore, there should be a clear instruction guideline about its use on the spray bottle when purchased. The use of pepper spray is legal in NYC; it’s legal in all 50 states, but depending on which state someone resides in, there are some guidelines for carrying the bottle. For example, based on some state requirements, individuals under 18 should not own a pepper spray bottle, and also, in some states, convicted felons are not allowed to purchase pepper spray. There could also be circumstances where persons can carry the bottle, but it has to be a particular size and amount where they shouldn’t exceed a specific number of ounces per bottle. Becoming familiar with the use of pepper spray is also very important. Sometimes, using the spray bottle and protecting yourself from attackers could save your life. One major factor we should consider is its use and how to use it correctly. Here are some guidelines on how you should use pepper spray correctly. When holding the pepper spray bottle, you should grip the bottle comfortably and place your thumb on the top of the bottle to spray. By placing your thumb on the top of the bottle, you will have a secure yet confident grip when holding the pepper spray in the palm of your hands. In addition to having the bottle enclosed in the palm of your hand, you would also be in a good position if you may need to punch out the attacker. Another important tip when using pepper spray is always to keep your arms bent when spraying; doing this would prevent an attacker from hitting the bottle out of your hand. Getting to know the amount of pepper spray shots you have in your bottle is vital. As an owner of a pepper spray, getting to know how much you have left in the bottle will keep you aware just in case you may need a new spray. Knowing how far your pepper spray can spray is also significant. Most spray bottles can go as far as 8 to 12 feet or 3 to 4 meters. So get familiar with the distance of your pepper spray bottle. Having your spray at a good reach is vital, just in case you may need to grab it. Keep it at arm’s reach. Also, be aware that you should always aim the pepper spray at their eyes if you have to put down an attacker effectively. You should be familiar with arming and disarming your pepper spray bottle and always try your best to keep the spray bottle in safety mode when not in use. Pepper spray is a great way to defend yourself when in danger. It must be used correctly and disarmed when you have no intention to use it. When using the spray, be aware of how you hold it because you can spray yourself accidentally. Pepper spray should not be kept near children or pets when not in use. Though pepper spray can be used as self-defense, it is dangerous if it’s not disarmed and kept away from children or pets. If sprayed on the face, someone will have a scalding sensation in the eyes, nose, mouth, and throat. One to a few doses of pepper spray could also prevent someone from breathing and even cause temporary blindness. If you’re looking for pepper spray, they are easily available all over NYC. They can be purchased at hardware stores, sporting goods stores, and select pharmacies. Some of these places are: Pepper spray laws vary from state to state – do your research before purchasing! "
Where Can I Get a Photo ID Besides the DMV?,"If you need a photo ID and don’t have time to go to the DMV, there are other places you can go. You may be able to get a photo ID from your employer, school, or bank. Some states also offer free IDs for people who don’t have any other form of identification. Whichever route you choose, make sure that you have all the necessary documents with you. In this article we will dig deeper and answer the question, where can I get a photo ID besides the DMV?    A State ID is a government-issued form of identification that proves the holder’s citizenship and identity. It’s similar to driver’s licenses, but you do not need to take any tests for it! Much like a standard-issue driver’s license, the State ID number is found at the top of the card.  Some states, like New York, offer Non-Driver ID Cards as a driver’s license alternative.  A School ID is a school-issued form of identification for primary and secondary schools in the United States. With a school ID, students can safely enter the school building and access specific rooms. Military IDs are government-issued identification cards to identify members of the Armed Forces or a member’s dependent (for example, a child or spouse).  With military IDs, members can access military bases, Base exchange (such as AAFES, Navy Exchange, Marine Corps Exchange, and the Coast Guard Exchange, commissaries, and Morale Welfare and Recreation (MWR) facilities. These cards also prove eligibility for medical care delivered through either the military health system or through TRICARE. Passports are government-issued travel identification documents containing an individual’s identity information. It allows the passport holder to enter and exit foreign countries with ease and to also access consular assistance while overseas (such as during emergencies).  The passport certifies two things: the individual’s identity and nationality. Standard-issue passports contain: Work IDs are similar to school IDs in that they help individuals enter a workplace and access certain rooms in the office building. Work IDs are workplace-issued forms of identification to identify individuals working for an organization. Typically, a work ID includes an employee’s name, role within the organization, their photo, the company’s branding, a barcode, and an employee ID number. A credit card is a payment card issued by a financial institution (usually a bank) enabling an individual to pay a merchant for goods and services based on a cardholder’s accrued debt. Credit cards grant cardholders access to a line of credit (much like a loan). The cardholder is responsible for paying back the debt accrued on the credit card.   Are you in need of a photo ID but dread the thought of going to the DMV? Have no fear! There are actually several places where you can get a photo ID without having to endure the typical long lines and bureaucratic runaround. Here are just a few options for getting your hands on a valid photo ID. You can skip the lines at the DMV and go directly to your local United States Postal Service. The ID you receive at your post office is a passport card. It’s not only just an ID, but also has the following benefits: To receive a passport card, you’ll need: State departments will give your certified copies of your documents back to you but will keep photocopies. If you attend a college or university then you’ll be eligible to receive a student ID. Many colleges and universities require student identification cards in order to enter certain buildings, purchase books from the university bookstore, or for test-taking purposes.  A student ID grants a whole host of benefits including: With a student ID, you not only receive discounts but can save hundreds of dollars a year on products and services. Some businesses offer credit or debit cards with a photo ID on the card. Identity photo cards reduce the risk of fraud. These services don’t come free though as many businesses and banks charge a fee. To obtain a military ID, individuals must be registered in the Defense Enrollment Eligibility Reporting System (DEERS). Typically, the initial entry into DEERS occurs at Basic Training or after the first assignment. An eligible individual must fill out an official form and provide personal information to receive the first ID card. Now that you know how to obtain ID cards, let’s review why it’s important to have one in the first place.    Nowadays, identification cards are ubiquitous and without them, no one will know who you are. Photo identification cards don’t only show your name or picture–they are a gateway to freedom, allowing you to secure loans, purchase alcohol, travel to another country, and more. The most common types of photo IDs are driver’s licenses, national identity cards, and a workplace ID. These cards ensure security and confirm an individual’s identity.  Photo identification helps you:   Real ID is an Act of Congress that sets requirements for state drivers’ licenses and ID cards. The Real ID enacted the following: The Real ID Act isn’t an actual ID but a set of standards for federal and state identification. Starting on May 3, 2023, every air traveler must have a Real ID-compliant license or accepted form of identification (like a passport or military card), or a DHS trusted traveler card for domestic air travel.     You can obtain a photo ID from the bank, the post office, college or university, or in the military. Different entities have different rules on how to apply and what you need to apply.  There are passports, passport cards, driver’s licenses, school and college IDs, military ids, department store ids, and more.  You cannot get your first photo ID card online as you need to prove your identity in person. But, if you need to replace a lost, damaged, or stolen state ID card, you can apply for a replacement through your state’s Secretary of State (SOS) online.  For address changes, you can submit your request online, but for name changes, you need to go into a Secretary of State branch and present your proof of your name change.  There is no required age to obtain a license, but the recommended age is 18. If you want to travel anywhere in the United States, you will need a REAL ID-compliant document to travel domestically.  A state ID is a government-issued form of identification containing your personal information and it proves the holder’s identity and citizenship status. State ID cards provide an easy means of identification. They are easier to obtain than a driver’s license (no driving required!) and a lot less expensive than a passport.    "
What Does a Flashing Red Light Mean,"Have you ever seen a flashing red light and wondered what it meant? Turns out, it has a specific meaning, depending on the context. Keep reading to learn more about what flashing red lights mean and when you might see them. You may have seen a red light on your car and wondered what could this mean? These lights can be seen on many automakers such as Audi, Toyota, Nissan, etc. You may also see a signal on your dashboard which looks like a car with a lock to the front; this light can be blinking also.  This blinking red light in the car is more of a built-in alarm system for your vehicle where it could prevent someone from burglarizing your vehicle. This blinking red light can be referred to as the anti-theft or immobilization light.  The anti-theft light indicates that you need your key to start the vehicle, and it also alerts any car thief that this vehicle has an anti-theft system. This built-in light can be seen on the following parts of the car, either the: Some people may not notice the blinking red light during the day, but it can be very noticeable at night.  While driving, most people may notice the traffic signal blinking red, some may ignore it entirely, or others may wonder what this even means? This red light on the traffic signal does have a meaning, and it’s also important to be aware whenever you see it.  When you see a flashing red light, you stop your vehicle completely, observe the traffic around, and proceed with caution once you are clear. When driving and you notice this signal, you should take the best precaution; as a matter of fact, persons should treat the flashing red light as a stop sign.  Not stop entirely and wait for a green flashing light but should come to a complete stop and allow oncoming traffic to proceed and then go cautiously once cleared.  Airplanes have various lights, but we will identify the flashing red light on the aircraft right now. The red light on the plane is called the beacon light.  This red light will be turned on before the airplane engine is started or is about to start. The ground personnel should know that the plane’s engines have started and the nearby area is unsafe with this light turned on. If you’re walking or cycling and you get to a point where you see a flashing red light or a flashing red man, you should stop. This means that you should not cross the road; stop immediately. However, if you’re crossing the street while it is green and while walking or cycling, it switched to red, you should continue cautiously crossing the street, observing your surroundings. "
How to Check If a License Is Suspended Online,"Driving with a suspended license in the United States is a serious crime and can lead to strict penalties. Many drivers can fall into this category where they are driving around without even knowing their license is suspended, and as we said, it is dangerous, and it’s a crime to do so. The good news is that there are ways someone can check if their license is suspended by doing a driver’s license check. Therefore, this article will discuss how to check if your license is suspended online, how to reinstate that suspended license, etc.    Someone driving with a suspended license can face some time in prison and can also be fined, but you can avoid all of this by just doing a driver’s license check. There are various ways you can check to see if your license is suspended, but we will delve into how to do so online.  It all boils down to which state you reside in; each state is different regarding the penalties of a suspended license.  To check if your license is suspended online, you need to visit the DMV (department of motor vehicles) website and select the state in which you have that license issued. By getting this done, you first need to verify your identity, and after, you should be able to see if your license is suspended or not. If your license is suspended, there should also be a valid reason why it was suspended.   Don’t panic! Having a suspended license is temporary. If your license is suspended, you can have this suspension removed. Please note you should not drive with a suspended license because you can lose all your driving privileges, and above all, it’s illegal.  If your license is suspended, the first thing you may need to do is to create an account online by visiting your state’s DMV website.  After you have created the account, you may need to provide some personal information, like your: Don’t overthink it too much because your information will be secure, and this is a way to maintain that your driver’s record is private. Once you have created your account, you pay a fee to see the status of your driver’s record, and you can also print a copy. Also, note that each state is different regarding the amount you have to pay to see your driver’s record online.   Before the motor vehicle department gives you your driver’s license, you must get some things done before you’re on your way to getting the license back. Now, each state has different laws regarding the reinstatement of the license, and it also depends on the type of infraction you’ve had.  Some states require you to pay specific fees before getting your license reinstated. There are various payment rates in different states, and the cost is calculated based on the type of infraction. Some states charge you more money to get your license reinstated based on whether it’s your first time having your license suspended or on numerous occasions. Here is a list of some states and the price range of their license reinstatement fees:  You must also get insurance in some states before having your license reinstated. The SR-22 form or the FR-44 insurance forms are a requirement, and these are documents of financial responsibility that you need to get before having your license reinstated. Not all auto insurance providers issue these forms, but persons can easily purchase them from another insurance agent.  Some persons may have had a suspended license for a DUI or by maybe just terrible driving. In some states, it’s required that you go to a DUI program where you will be educated on the dangers of using alcohol and drugs while driving. The course would usually last for several hours, and you have to pay before taking this course.  Furthermore, depending on which state you reside in, you may also have to attend a defensive driving course program, and you will again learn about proper driving skills, the safety measures while driving, etc.     Driving with a suspended license is dangerous, and it’s also a criminal offense. Doing so can lead you some jail time and fines up to $2,500 or more. For those who got charged multiple times with suspended licenses, their penalties would be harsher than first-time offenders.  "
The Lowdown: Can You Get Unemployment If You Quit?,"Unemployment benefits are meant to cover you financially in between jobs or for a set period of time as defined by your state. They’re typically issued for people who have been laid off from work, but you might be asking can you get unemployment if you quit? The answer is maybe. If you’re thinking of quitting your job and would like to know more, take a look below, where we’ll go over: So you’re making the leap and quitting your job. Aside from the fact that you’re definitely not alone — a record number of Americans have quit their jobs since November — it was probably a tough journey to get to this decision today. Good for you. By now you might be wondering whether you’ll qualify for unemployment benefits since you decided to leave. The answer isn’t so cut and dry, and the reason you quit will most likely determine your eligibility. Traditionally, unemployment benefits were designed for employees who experience an unexpected income loss from being laid off (or sometimes fired, depending on the circumstance). So, most often, you won’t get unemployment if you voluntarily leave your job. But, good news, there are exceptions if you leave for what’s known as “good cause”. While this concept varies in how each state defines it, we’ve outlined some of the more common good causes below. You’ll need to contact your state’s unemployment insurance office to figure out whether you’re eligible for unemployment benefits — and it’s wise to do this before announcing your resignation! The office can assess your specific case and state why you can claim good cause if your employer contests the benefits. And, if your claim is denied, you should get a hearing to plead your case. If the hearing doesn’t go well, your last option is to appeal the denial (more on this, below). When you quit for good cause, it usually means that most reasonable people would not have stayed in the job because the conditions or environment were that bad. Reasons can be anything such as: It really comes down to a case-by-case basis at the discretion of your state. No matter the situation though, you need to prove you did all you reasonably could to better your circumstances and that quitting was the final option. In other cases and in some states, good cause can include personal reasons, like: If these types of situations apply to you and are considered good cause where you live, you won’t need to demonstrate that you tried to keep your job. Keep in mind that if you decide to leave your job without a compelling, urgent reason, you can’t get unemployment — this applies across the board, in all states. Perhaps you simply feel dissatisfied or unchallenged and there are no viable advancement opportunities, so you choose a totally new career path. This could be a wonderfully necessary life choice that will improve your overall well-being, which is absolutely worthwhile. Just know that you won’t be eligible for unemployment benefits. Good cause is the most common type of situation for which you’ll get unemployment, but you could also be eligible if each of the following applies to you. Of course, a big question about unemployment is exactly the type and amount of benefits you’re eligible for. You’re probably wondering if it’s enough to live off of and how long you’ll be compensated for. While your benefits are based on some percentage of your last salary, unfortunately, the answer is not so clear cut since it all comes down to where you live and the decisions of your state. Most jurisdictions offer unemployment for at least 26 weeks and there is usually a cap on the amount you’ll receive. Again, as with everything else benefits-related, check with your particular state’s unemployment department. Besides quitting without good cause, you might not be qualified to receive unemployment if: So, you’ve made it this far and are confident you’re entitled to unemployment if you quit. To file for benefits, your next step is to visit your state’s unemployment benefits website to find and complete the application. You’ll need to provide standard personal information, like your full name and address, Social Security or work visa number, and information about your most recent job. You can also go through the process in person at your local unemployment office, if you prefer. Keep in mind that the whole process often takes a few weeks, so be sure to get started with your claim as soon as you can. This includes submitting any supporting documentation for your case. In most cases, you’ll get a verdict after about 3-4 weeks. Once you’re approved, you can breathe a little easier as you’ll be supported financially during your job search. If you’ve filed for unemployment but your claim was rejected, or your employer contested it, there’s still some hope as you can explore the option of appealing the decision. The process for this varies from state to state, so be sure to consult with your unemployment office on the appeal guidelines, requirements and process. As well, keep in mind that you might not have much time — some states give only 10 days from the denial date to appeal. In most cases, you’ll need witnesses, supporting documents, and continuous filing for benefits during the appeal time frame. The department’s website will be helpful as a start, but you’ll quite likely have specific questions around your particular claim, so phoning or visiting to speak with someone is often your best option. Hopefully, this article has shed some light on if and how you can get unemployment if you quit your job. There are countless reasons to leave a bad work situation and it would be great if your personal circumstance qualifies you for benefits. But if not, think long and hard about staying in your job despite this. If your reasons are compelling and important enough, leaving could be worthwhile and, with some discipline and perseverance, it’s possible your financial situation can withstand that gap between jobs. Good luck! Unemployment benefits are usually for employees who unexpectedly lose their income due to a layoff. Exceptions are if you quit with “good cause”, defined differently by each state. Good cause simply means a negative situation in which a reasonable person would quit their job, often when the work environment or conditions are so unfavorable. Examples of good cause situations at work include: Good cause can also include personal circumstances, like: You might be eligible for unemployment if you: Nationwide, you need an urgent and compelling reason to quit in order to qualify for unemployment. While this doesn’t include job dissatisfaction, it’s still an important reason to consider new career opportunities. Benefits are based on a certain percentage of your previous salary, but the amount you get is decided by and varies by state. Most offer unemployment for 26 weeks minimum, with a cap on how much you can receive. Head to your state’s unemployment benefits website (or office) for the application. Be ready with information like your name, address, Social Security or work visa number, most recent job details and supporting documents. The whole process can take a few weeks, and you’ll usually hear back after 3-4 weeks or so. "
Who Can Override a Power of Attorney?,"If you have a power of attorney (POA), it’s essential to know who can override it. In this post, we’ll look at the people or entities who can step in and make decisions for someone if they’re unable to do so themselves. We’ll also discuss what happens if there’s a dispute over who should be making decisions for the person with the POA. Read on to learn more! When planning for your future, it’s important to nominate a power of attorney. A power of attorney is a legal document that allows someone to act on your behalf. This person (or persons) is known as your agent or representative. You, or the person initiating a power of attorney, are also known as the Principal. You can give your agent the authority to decide for you on a wide range of matters, including financial, medical, and legal issues. Power of Attorney (POA) takes effect whenever you, the Principal, specify–you can choose to instate it immediately or only upon the occurrence of a certain event like a mental or physical disability rendering you unable to take care of yourself. In addition, you can revoke a power of attorney at any time, although most states require a written notice of revocation for the person you named as your agent. When you nominate a Power of Attorney, you grant that individual the right to make important life decisions on your behalf. On the Principal’s behalf, a power of attorney has the right to: There are different powers of attorney, each granting different rights to the appointed agent. Generally, there are four types of power of attorney, General, Durable, Special (or Limited), and Springing Durable. A general power of attorney is a legal document that allows the agent to act on behalf of their principal in any matters as allowed by state laws. The person appointed with this agreement may be authorized to They’ll also manage assets and file taxes if necessary. When you’re not able to manage your affairs, a general power of attorney can be useful. However, since the agent has immense control over your assets, you may want to limit this type of power of attorney for a short period of time. A general power of attorney ceases to remain in place when the principal becomes incapacitated, revokes a power of attorney, or passes away. A durable power of attorney (DPOA) means that your agent’s authority to act on behalf continues if you become incapacitated (for example, falling into a coma, severe mental health impairment). It is effective immediately after signing unless otherwise stated. Typically, when estate planning, it is assumed that the listed power of attorney is durable since you are planning for a time when you can’t make a decision alone and need help from others. To avoid confusion, it’s recommended that the principal explicitly state whether the POA is durable or not. As long as you’re capable, you can revoke the power of attorney form. A non-durable power of attorney lapses as soon as you, the principal, become incapacitated or die. After one of these events occurs, only court-appointed guardians or conservators can make decisions on your behalf. Another type of power of attorney is called a special power of attorney. This POA grants agents the power to act on your behalf, but only for specific purposes. For example, if you grant the agent authority to sell a property on your behalf. However, the agent wouldn’t be allowed to access your bank account or manage finances. A special power of attorney expires once the particular task is completed or at a specified time noted on the form. A person can create several finite POAs for different agents, giving each agent different powers. A springing power of attorney only occurs when triggered by a specific event or medical condition (like incapacitation). Once the condition occurs, the agent’s power literally “springs” into effect. Until then, the agent does not have legal authority over your affairs. Although springing POAs ensure agents can’t exert their power unless you’re incapacitated, it is not recommended to use springing POAs for estate planning since the process to determine if an individual is incapacitated isn’t always simple and may take time. For example, if you develop early-onset Alzheimer’s, it may be challenging to determine whether or not you can manage your affairs. This can delay critical decisions about your medical care and lead to unpaid bills, leaving you in financial distress. A medical power of attorney is a legal document allowing you to name a healthcare agent. It’s also called an advance directive because it helps guide your agent to the best treatment option when dealing with healthcare matters on your behalf. Healthcare agents make medical decisions for you if and when you cannot do so yourself. Your agent can make decisions regarding: Your healthcare agent also ensures medical providers follow your wishes as outlined in your Do Not Resuscitate (DNR Form) or Living Will. A medical power of attorney becomes effective immediately after signing but can only take effect once a physician deems you mentally incompetent. Once you select an agent (or agents) for your power of attorney, ensure they know the POA signing rules. When it comes to a power of attorney, you, the principal, can revoke the agent’s power at any time, provided that you have the mental capacity to do so. Even with a power of attorney in place – if something changes and you no longer feel comfortable giving out certain rights or assets for whatever reason-you can revoke the agent’s authority at any time. It’s recommended that you revoke a POA in writing. However, most states allow you to cancel it through an action expressing your desire to terminate the POA (for example, deliberately destroying the document). Some states offer statutory forms, or fill-in-the-blank forms, for this purpose. When you revoke a power of attorney, it’s also recommended that you send a written revocation notice by certified mail to the previously authorized agent. This way your agent knows that you terminated their power. Also, consider sending copies of your revocation to any third parties involved in your POA. An agent with power of attorney is required by law to act in the Principal’s best interest. If the Principal believes the agent is acting in their own best interest, they can override a POA, if they are of sound mind. However, if the Principal is not of sound mind, other relatives may express concern that the agent is abusing their rights and responsibilities by neglecting or exploiting their loved one. In this case, legal action can be taken by concerned parties other than the Principal. Evidence must be provided to show the agent is taking advantage of the Principal. The process varies by state, but if there is a dispute over the validity of a power of attorney, it is best to hire an attorney with experience in either elder and/or disability law. If you believe the agent is not acting in the best interest of the Principal, follow these steps with your appointed attorney to revoke power of attorney: You should consult an attorney if both the Principal and Agent refuse to stand down. Having a power of attorney means you give someone else the ability to make decisions for your best interest if you cannot make them yourself. No, it isn’t legally required to have your power of attorney (POA) written or reviewed by a lawyer. However, it’s always good to get advice from wise counsel before signing away your power of attorney. Yes, there are limitations that help keep the agent in check. The POA can’t transfer responsibility to another agent, cannot use the Principal’s assets for the agent’s personal interests, cannot make any legal or financial decisions after the Principal’s death, cannot distribute inheritances or transfer wealth after the Principal’s death, cannot accept compensation beyond the outlined terms in the POA agreement, cannot change or invalidate a Will or any other estate planning document, cannot change the terms of the nominating document, cannot act outside the Principal’s best interest, and cannot make any decisions before a POA is instated. Everyone should have a power of attorney. If you aren’t able to provide for yourself, whether you’re mentally or physically incapacitated, you’ll want someone to carry out your wishes on your behalf. You can find a power of attorney form on state government websites. Hospitals and physician offices also offer forms for medical power of attorney. Additionally, banks and financial institutions have preferred forms. A court chooses who acts as a guardian on your behalf in a guardianship. Then, you decide who you want to act on your behalf with a power of attorney. A power of attorney is a valuable legal document that can give peace of mind in knowing your wishes will be carried out if you cannot act on your own behalf. It is vital to choose the right person to be your agent and discuss your wishes with them, so there is no confusion about what you want to do. If you have a power of attorney in place, it is essential to keep your contact information updated with the person who holds the document. Then, should something happen, and you become unable to make decisions for yourself, your loved ones will know where to find the paperwork and how to proceed. Have you created a power of attorney for yourself? "
Treason vs. Sedition: What Are the Differences?,"The terms “treason” and “sedition” are often used interchangeably, but they actually have different meanings. Treason is a federal crime that consists of acts against the United States government, while sedition is a state crime that consists of inciting rebellion or violence against the government. Although both crimes can be punishable by imprisonment, treason is generally considered to be more serious. In this article, we will uncover the details about treason vs sedition. Treason is the willful act by citizens of a country levying war against any government or providing aid and comfort to their enemies. This crime is extreme in the United States, and the law will deal with anyone convicted of such. Treason is also one of the only crimes written in the constitution. In times past, some persons have been charged with treason, but these cases are uncommon. The penalties for treasonous acts could be death or spending time behind bars for not less than five years and would be considered an enemy to the country. Any person convicted of treason can also be fined no less than $10,000 and cannot have any office under the United States government. Sedition is the act of a person forcefully trying to overthrow, take down, hinder, or delay the government or its laws by doing so through words or speech. Like treason, someone found guilty of this crime would face terrible judgments. The person or persons convicted of sedition can face up to 20 years behind bars or can be fined the amount of $10,000. Treason and sedition. These two terms are not the same, and their meanings are different. They appear in the United States code, and as mentioned, a crime of such sort is serious. Here are a few comparisons between treason and sedition. These terms have been around from times past, and today they seem very unpopular. Over time, the sedition act, which was passed in 1798, states that anyone who may try to overthrow, destroy by force, etc., the United States government expired in March 1801. This act no longer plays a role today because the United States was going through the first world war, and this law became the law of the time. Furthermore, in the United States, not many persons have been charged with treason, and there are laws both federal and state that make it illegal to commit such act. Here is a list of some states that outline the harsh penalty if you execute this crime. The acts of committing treason or sedition today are uncommon, and not many people have been charged for it. With the recent news headline that showed a gang of rioters who entered Capitol Hill, some persons claimed these were acts of treason or sedition and other events, but there was no valid proof this was the case. "
The Best Ways to Find a Property Owner by Their Address,"If you’re looking for someone who owns a property by their address, there are a few different ways you can go about it. You could look up the information yourself online, or you could hire a private investigator to do the work for you. There are also some public records that might have the owner’s information listed. Keep reading to learn more about how to find a property owner by their address.   A property owner search can best be described as ways someone can find a property owner if they come across a property they love or want to purchase.  It’s always wise to do a property owner search because you wouldn’t want to go through being interested in a property and later find out the owner isn’t selling. So having a property owner search would help you get to the owner and make the best deal possible for their property.    There are many beautiful properties out there that may seem to have caught your eye, but the question lies, how can I find this property owner? Well, here are some ways you can find the owner of a property by their address.        Before someone searches for a property, someone should have the name of the street on which the property or house is located. Once that information is at hand, going through the various methods to track down, the owner may take some time, or it may not. However, if you found the owner and that person rejected selling the property to you after the search, that may seem hurtful, but it’s okay.  The most important thing is that you tried your best, and there are also plenty of other properties out there that may also catch your attention, and maybe these owners may just want to sell.   The use of the internet these days is magnificent, and it has made things a lot easier for everyone. There are tons of online resources that persons can use to find a property owner. Here we will look at some of these websites, and hopefully, this should help you.       Four Things to Understand About Community Property In searching for a property owner, someone can sometimes go through many options, but some tips would help make the search successful. A few tips that would help could be: "
How to Find Old Homicide Cases,"Do you have an interest in learning more about homicide cases from the past? If so, you’ll want to check out this guide on how to find old homicide cases. We’ll provide tips on where to look for information and how to access it. So whether you’re a researcher or just curious, keep reading.   A homicide case involves the act of a person killing someone else. When someone speaks of homicide, some persons may think it’s illegal, but some homicides are legal. Some examples of legal crimes can be cases where someone is defending themself from being raped and killed the attacker, a store owner trying to protect himself from armed robbery, vehicular accident, where someone in the accident passes away, etc. Meanwhile, a couple of criminal homicide cases would include murder, some acts of manslaughter, etc.  The different types of homicide cases would fall under murder and manslaughter. With murder, there is first-degree murder, second-degree murder, and third-degree murder. At the same time, manslaughter cases would fall under voluntary manslaughter and involuntary manslaughter.   There are some ways you can find old homicide cases online that would somehow assist you in finding your loved ones or friends. Persons can simply: The basics are always the best place to start a search. The individual’s name, the year they were murdered, and the location is also key to finding out information. There is a free website that persons can visit to gain access to data from homicide cases from as far back. This website is called Murder Accountability Project.  The great thing is that once there has been a homicide case in each state, it would have indeed made the news. Therefore, checking old newspaper articles will help once you have the basics like the individual’s name, the year they were murdered, and location.  Again, thanks to the internet, you can gain access to lots of old newspaper articles just by searching. You should come across websites that offer online newspapers like Chronicling America: Historic Newspapers, Google Newspaper Archive, and more. Chronicling America: Historic Newspapers and Google Newspaper Archive provide information as far back in history and are free to use. Another relevant place someone can also visit to receive tons of information is their local library. Persons can also try doing a youtube search to find some information about the case or even visit the local news outlets online like CNN, NBC News, ABC News, etc.  Contacting your local police department or the district attorney’s office is also the next suitable option. You may also find some helpful information about the homicide case once you provide relevant information.  Another great resource to find any unsolved homicide cases can be by just having a conversation with any friends or family that were close to the individual. By asking these questions, you may gather some information that could be beneficial.  There are different means and methods for persons to obtain information through the FOIA (Freedom of Information Act). This FOIA law was passed in 1967, where persons are supposed to gain access to public records information from government agencies.  Going through public records such as court records, statical data, bankruptcy records, etc., can also be a great way to receive information. Carefully note that once the specific type of data you’re searching for isn’t restricted or exempt, you can get all the necessary information needed. You can read more about the process of the FOIA here.      The process of investigating a homicide case is very challenging. The law officials have the important task of securing the homicide scene and figuring out what went on by examining the case, like checking for fingerprints, getting statements from people, etc.  The information provided to law enforcement is also critical, like what went wrong, whether the dead person is still on the ground, if the first responders are around? Etc. That’s also why the investigators’ information is vital because they have to solve how this homicide occurred by searching and safely collecting all necessary evidence.   Many persons will ask why some homicide cases are solved while others are not. In reality, there can be several factors affecting the closure of homicide cases. However, one of those factors why some homicide cases remain unsolved is insufficient evidence. Sometimes, it also depends on the witnesses. Maybe persons who have witnessed the crime never came forward to bring in information that can be vital for detectives.   What Are Felony Charges, Classes, & Penalties The use of forensic science to solve a homicide is important. On a crime scene, the scientist can collect DNA samples. It all depends on the state of the homicide victim. For example, if the body is decomposed, scientists can collect dental evidence from the corpse. Scientists can also collect evidence from the victims’ hair, nails, soil, weapon, glass, etc. The role of forensic evidence in homicide cases is significant in many ways. Proper forensic evidence in a homicide case can indeed prove if someone is guilty of the crime or not.  "
What Is Entrapment?,"Entrapment is a terrible issue, and while the police are expected to serve and protect citizens, some claim police officers have entrapped them. Entrapment may sound simple, but it’s not, and there are also many ways an officer can entrap someone. So in this article, we will be discussing what entrapment law is and more.  Entrapment in law is most easily defined as when one or more law enforcement agents like the police entice someone to commit a crime they wouldn’t have done if it wasn’t for the police.    Entrapment can work in various ways, and a few of those can be through persuasion, sex crimes, harassment, etc. For example, if a law official tries to have sex with an individual unwillingly in exchange for drugs, this is considered entrapment. After the entrapped person has proof that a police officer did this through persuasion, the government has to prove that the individual was persuaded to commit this crime. By doing so, they would do a background check on the person’s criminal history, etc.  Entrapment laws are significant where even if an individual was caught in this situation, the defendant could still prove that they are innocent and show that they had no intention to commit this crime.   The United States of America, Canada, and Australian entrapment laws vary. As we know, in the USA, entrapment is the police causing someone to commit a crime that they would haven’t have done if it wasn’t for this officer. When it comes to proving that the defendant is truly honest, this is the government’s responsibility; the defendant is not required to prove anything nor admit any evidence. Furthermore, for an entrapment defense to work in the United States, the defendant has to convince the court that they had not inclined to commit such a crime and that the officer’s actions would have provoked anyone to commit this crime.  In Canada, there are two different types of entrapment law, they are:  The opportunity-based entrapment occurs when the law official provides someone with the opportunity to commit the crime without suspecting that this individual has already been involved in such criminal activity.  Inducement-based entrapment occurs when a police officer doesn’t give that individual the opportunity but goes as far as inducing this person to commit the unlawful act.  Once entrapment is proven in Canada, the defendant can have a stay of proceedings which means that the case held against the defendant cannot proceed, and the criminal offense does not appear on their record. In Australia, however, entrapment has the same meaning: an officer has to induce someone to commit a crime they wouldn’t have committed. Compared to the USA and Canada, there is no legal defense of entrapment in Australia.   Various examples of entrapment cases occurred during history, such as Sorrells v. the United States, Sherman v. the United States, the United States v. Russell, etc. We’re going to look at the Sherman v. the United States case.  In 1951 Joseph Sherman and Charles Calcinian met at a doctor’s office where both were being treated for addiction. Charles Calcinian was a government informant receiving leniency for criminal charges in exchange for convincing others to sell them narcotics then reporting it to government agents, and Joseph Sherman had two narcotics convictions. Both men started talking to each other and spoke about their issues with the addiction.  After discussing their addiction struggles, Charles Calcinian kept asking Joseph Sherman for help in buying him drugs, and Sherman kept refusing because he was committed to remaining clean. On numerous occasions, Calcinian still kept asking Sherman to buy him the drugs, then eventually, Sherman gave in and got the drugs for himself and Calcinian.  Later, Calcinian informed government agents, and Sherman was arrested because of observation of him selling narcotics to Calcinian on numerous occasions. Then Sherman when to trial, and there he raised an entrapment defense.   Knowing this law is very important because it would help prevent you from getting caught in a situation where any law official can entrap you and prevent you from being criminally charged or even going to jail.  "
What Is the Fourth Amendment?,"In the United States of America, everyone has the right not to have their goods or personal materials searched or seized without probable cause. Did you know that this is a violation of your fourth amendment rights? The fourth amendment is considered very valuable to our liberty, and its primary purpose is to protect people’s rights and privacy. Hence the reason we will answering the question: what is the fourth amendment? The fourth amendment of the United States prohibits the government from engaging in unreasonable searches or seizures of property. The police can’t search your property without reasonable cause; the search or seizure must be valid for it to be constitutional.  For the search or seizure to be reasonable, a warrant or exception has to be applied. In many situations, the government needs a warrant to conduct a seizure or a search. A warrant is a legal document that a judge issues to authorize this power.   This amendment is considered crucial to all Americans’ liberty, and the fourth amendment’s primary purpose is to protect everybody’s rights, freedom, and privacy from unreasonable invasions by the government. However, if you don’t have any illegal stuff at your residence or on your property, the police have no right to search without probable cause or a warrant.  If you think that the fourth amendment does guarantee protection from all searches and seizures, you’re wrong! It doesn’t sometimes. It only protects those done by the government that’s deemed unreasonable under the law. Whether a particular search warrant is considered reasonable in the eyes of the law, that is determined by weighing two vital interests, like the intrusion on the person’s fourth amendment rights and government interests that involve public safety.  Persons can experience four types of searches, they are: Before a police officer searches your vehicle, they would need your consent to do so; however, if there is probable cause, there would be no reason to do so.   The history of the fourth amendment comes a long way. As we mentioned before, this amendment prevents the government from illegally searching or taking someone’s property. For this to be lawfully done, a warrant has to be issued.  James Madison introduced the fourth amendment in congress in 1789; it was passed together with nine other amendments and became known as the bill of rights in 1791. The concern was that the national government would have gained excessive power and oppressed citizens without written rights.  The British authorities would abuse their power and grab hold of colonist goods and property during that period. This is why the fourth amendment was created to prevent a new government from doing the same.  The fourth amendment reads, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”  There are many ways you can protect yourself and your family from government surveillance. Let’s take a look at some ways you can do so:    Wherever we go, privacy protection is very important, and in a digital world, we are very exposed. Here are a few tips for protecting your privacy in our evolving digital world. "
The 14th Amendment Explained,"The 14th amendment is a constitutional amendment that defines citizenship, equal protection and due process for all people in the United States. These rights are given to anyone who lives on American soil, but not necessarily those born on American soil. The 14th amendment was ratified in 1868 as part of the reconstruction era following the civil war. In this article, we will discuss the basics of the 14th Amendment. The 14th amendment to the United States Constitution was approved on July 9, 1868, as one of the reconstruction amendments to address citizenship rights and equal protection under the law for former slaves following the civil war.  There are five sections to the 14th amendment, the first represents who citizens in America are, and it reads, “ All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The 14th amendment is worded quite similarly to the 5th amendment and offers the same protections. However, the difference is the procedure for due process. Due process in the 14th amendment is a given right to limit the power of the government to interfere with the person’s affairs, such as freedom of speech or the ownership of property unless their actions are illegal.  You can think of the 14th amendment as a shield against state governments and the 5th amendment against the federal government. Before the state government can take away someone’s life, liberty, or property, that state government must also provide due process of law just like the federal government. Because of the 14th amendment’s due process clause, a state government must provide individuals with a fair and just trial in front of a jury before sentencing them to prison.  The 14th amendment was passed following the civil war, while the 13th amendment abolished slavery, and that law was passed when Abraham Lincoln was still alive. Furthermore, when the radical republicans took over the next congress by 1868, the 14th amendment was used for the southern states to enter the union. Therefore the 14th amendment is written in the constitution, and it deals with the issue that the supreme court dredged up under Dred Scott.  In 1857 before the civil war, the supreme court solved slavery by determining that all African Americans or Africans transported to America were not American citizens. Years before that, congress during sectionalism had tried to solve it with popular sovereignty, but since the supreme court had decided that African Americans were not citizens, this issue raised concerns and started the civil war. Then the 14th amendment was designed to correct that supreme court decision.   Around that time, in the aftermath of the American Civil War, other amendments were passed to protect the rights of formerly enslaved African Americans. Some of these amendments were the: Some persons benefited from the 14th amendment like the:       "
Living Will – The Pros & Cons You Need to Know,"Medical situations happen unexpectedly, and unfortunately, many of us could face a medical emergency someday. However, in some medical emergencies, patients cannot declare to their loved ones or doctors what treatments they want or who they would like to speak on their behalf in this situation, etc. In this article, we’re going to discuss what a living will is, the pros and cons, and more.  A living will is a written document or an advanced directive that specifies what type of medical treatment you would want if you cannot communicate. Completing this document is the best way to plan because sudden emergencies may arise anytime for anyone. However, living wills are even more critical for people who have a severe illness.  Just saying that you don’t want extraordinary measures taken if you become hurt, disabled or any other injury isn’t all; you have to create a living will. Here are a few guidelines on making your living will, but first, you will need to be 18 years or older, be of sound mind, and have two witnesses and a notary public.  Step 1 – Get to know your state’s requirements because there are no federal laws that govern living wills. Step 2 –  Begin the document by using the phrase “Being of sound legal mind” and “Acting under no coercion.” By using this phrase, you’re attesting to your sanity as of the date that you sign the document.  Step 3 – outline under which circumstances or conditions you want your living will follow, like a terminal illness, brain damage, or paralysis. Step 4 – Instruct as to any or all treatments you wish to refuse. These could be feeding tubes, CPR, a respirator, or dialysis.  Step 5 – State whether you would like maximum pain mediations.  Step 6 – Go to a notary public, you and your two witnesses. They will attest that everything is in order when the document is signed and dated. In some states, your spouses, relatives, doctor, and heirs can’t be witnesses, so verify if they can be before you go.  Step 7 – Hand a copy of your living will to your loved ones so your wishes will be acknowledged if an emergency occurs. You can also give copies to your doctors and store one in a safe place for yourself. Step 8 – You can consider appointing a health care proxy. They’re just basically individuals who have the right to approve your wishes if you can’t. You can get health proxy forms online or at your local hospital.  There can be various advantages and disadvantages to living wills. Let’s take a look at a few of those.   The living will have been around for a long time, and it has its advantages and disadvantages, but what’s important is that the decision is solely on you. For example, suppose you’re suffering from an incurable illness or in a vegetative state, and you would like to have artificial nutrition or hydration. In that case, the decision all leads back to you.  Having a living will also makes it easy to have a conversation with the people close to you. For example, if you think you’re not likely to recover in a meaningful way, the living will simply outlines what is to be done or not done on your behalf. However, by not having that conversation, family members would have to glean from past discussions about what you would want or not. For example, she said she didn’t want to live that way, or another time she told me to keep her alive.  As mentioned earlier, completing a living will is what you can call a safe way to plan. Since a living will is a type of advanced directive and emergencies can arise at any point in life for anyone, it is suggested that everyone should complete a living will. Still, they are of greater importance for someone with a severe illness.  "
What Does It Mean to Be Acquitted?,"In criminal law, an acquittal means that the accused is free from the charge and it occurs in a criminal case where a defendant is found not guilty by a judge or jury. This doesn’t mean the accused is innocent, it only means the prosecution failed to prove its case beyond a reasonable doubt. That is what it means to be acquitted. A suspect is entitled to due process of the law. Before a jury or judge (if it’s a bench trial) may convict a person of a crime, they must be convinced of guilt beyond a reasonable doubt.  For an acquittal or “not guilty” verdict, a suspect is formally dismissed by due process. The preponderance of evidence and culpability was gathered, the accused was charged and given a formal trial. During trial, the prosecutor brings in witnesses and evidence to prove their case against the defendant to the jury or judge. The defendant may also bring in witnesses and evidence to counter the prosecution although they need not prove their innocence. Both sides are represented by an attorney.  The judge decides what evidence can be shown to the jury during a trial. The job of the judge isn’t to take sides with the prosecution or defense but rather uphold the law.  After hearing opening statements, witness examination, objections, and closing arguments, the jury deliberates (the process of deciding whether the defendant is guilty or not). In federal criminal trials, the jury must reach a decision unanimously in order for a conviction. If the evidence brought in wasn’t sufficient enough to come to a guilty verdict, it results in an acquittal.  An acquittal is a general term for a not guilty verdict, there are differences between the two under criminal law. An acquittal is a finding by a judge or jury that the defendant in question isn’t guilty of the crime. Not guilty means that a defendant isn’t legally answerable for the crime. In other words, all acquittals mean a not guilty verdict, but not all not guilty verdicts are acquittals. Even in jury trials, a judge has the ability to acquit a defendant. The motion for acquittal depends on the claim of insufficient evidence for a conviction at trial. The defense argues that no jury could possibly find guilt beyond a reasonable doubt.  There are full acquittals and partial acquittals. A defendant can ask a judge for either. A full acquittal means that after a jury or bench trial, the jury or judge finds the defendant not guilty on all charges. But, in a partial acquittal, a defendant is found not guilty of one charge, but guilty of another offense.  For example, let’s say a defendant is being charged with drug possession and drug dealing. There isn’t enough evidence to move forward on a conviction on drug dealing, but there is sufficient evidence to prove drug possession, the defendant is partially acquitted.  Judges cannot grant a motion for judgement of acquittal because they feel or think the defendant is guilty. They can only consider the evidence at hand presented in trial. If evidence isn’t presented at trial, it cannot be considered (for example, if prior drug convictions weren’t presented in trial for a drug possession charge).  It is difficult to win a motion for judgement of acquittal. For starters, judges don’t want to interfere with the jury process, so there must be sparse evidence for them to step in. If the motion for judgement of acquittal based on insufficient evidence is granted, the charges are dismissed and the defendant is free to leave. The case cannot be brought again by the prosecution because of double jeopardy, preventing a defendant from being tried twice for the same crime. The only exception is if the judge granted the motion for judgement of acquittal after the jury reached a guilty verdict. In this case, the prosecution can typically appeal.  If the defendant is acquitted or found not guilty, (provided it isn’t a partial acquittal) all charges are dropped and the defendant is free to go (if in prison, they are released).  What this also means is that the Double Jeopardy Clause found within the fifth Amendment of the United States Constitution applies.  After an acquittal, double jeopardy guarantees: The government loses its power to re-prosecute a defendant. The law says the defendant was already in jeopardy once or that “jeopardy attaches.”  Being acquitted doesn’t mean an individual’s record is expunged. In fact, acquitted individuals still have a criminal record. In order to have the record wiped clean, an acquitted individual must petition a court to have their record cleared. This process involves exorbitant court fees and can take months to years depending on the state.  For the convicted, there are direct consequences including potential jail or prison sentences, fines, court fees, and other criminal punishments a trial judge may impose.  Everything else is “collateral.” The “collateral-consequences rule” means that a defendant has no constitutional right to be made aware of collateral consequences of pleading guilty. Some of these collateral consequences include,  If a defendant was unaware of the collateral consequences of a guilty plea, they have no right to withdraw this plea. The Founding Fathers of the United States designed the right to a jury trial using the Seventh Amendment of the Bill of Rights to protect our constitutional right to a fair trial.  There are a few elements to any fair trial including, A jury trial ensures checks and balances. “Checks and balances” means that all branches of government have equal power and the courts can overturn laws of acts of government that violate the constitution. Therefore, a strong judicial branch is of utmost importance. Vital to a strong judicial branch is a jury trial option. The founding fathers included a jury trial in the constitution because they prevent ultimate tyranny or oppressive power exerted by the government. Jury trials allow citizens on the jury the absolute power to make the final decision and not an oppressive, tyrannical power.  Trials are a lengthy process, because they guarantee due process. There are 8 stages to a criminal trial and are as follows, Voir Dire is French for “to see, to say.” In this phase of the process, when a defendant is entitled to a jury trial (all felonies and some misdemeanor crimes), a jury needs to be selected. The number of jurors depends on the seriousness of the crime. During this process, any juror with a legitimate bias about a case or inability to follow the law as given by the court is excused for due cause. Each juror also has a limited number of “peremptory strikes” which are reasons to remove a juror.  This being said, the defendant can waive their right to a jury trial and elect to be tried by a bench trial with a judge.  After a jury is selected, the trial begins with opening statements summarizing what each side believes the evidence does or does not prove and apprise the jury on what a fair verdict should be at the conclusion of the trial.  The state is now required to present its case. The state calls witnesses and introduces documents establishing the facts necessary to prove elements of the crime. The defense attorney has the opportunity to challenge each witness.  The defendant isn’t required to present a case but can if it’s required to either prove innocence or prove lack of sufficient evidence. If the defense presents, the states can now cross examine any witness to challenge veracity of statements and expose biases. If the defendant presents a case, the state has the opportunity to rebut. A rebuttal case consists of presenting evidence and witnesses contradicting what the defense presents in its case. It can’t be a recap of what was argued and it can’t expand evidence outside of the scope of what the defense admitted into evidence during their case. Each side is given an opportunity to discuss the evidence presented to the jury and ask them to make a decision favorable to their case. The state has the burden of proof and makes the first presentation. Then, the defendant makes their arguments. After this, the state also has the opportunity to rebut the defendant’s arguments. All parties must confine arguments to facts only presented at the trial.  After the closing arguments, the judge “charges the jury” or informs them of the law and of what they must do to reach a verdict. After the closing arguments, the judge instructs the jurors to deliberate. Deliberations are done in private. Once a verdict is agreed upon, the jury advises the court. Each case has 4 possible verdicts: "
Double Jeopardy Law,"You may have heard about the double jeopardy law by watching crime and justice shows like Law & Order, but perhaps you may not know how it works in the real world. So, in this article, we’re going to discuss the double jeopardy law and common misconceptions about it. Double jeopardy is a legal right defined in the fifth amendment of the United States Constitution that prohibits trying a defendant twice for the same offense. Let’s take a look at this scenario. Suppose person A is accused of murdering his neighbor, the prosecutor takes person A to trial, and during this trial, the jury returns a verdict of not guilty. The prosecutor now becomes very angry and says this was a lousy verdict, and the jury got it all wrong, then the prosecutor decides to arrest person A again and bring him to trial. There holds the power of the double jeopardy law! Person A can never be prosecuted by the state again for that charge.  The double jeopardy law in the United States is one of the oldest legal concepts that has been adopted into our modern-day legal system. The law states “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” However, as with many other laws, some exceptions apply to double jeopardy, and certain legal situations may allow for a trial of a previously tried crime without violating double jeopardy.  Let’s just say, for example, while the law prevents a defendant from being tried twice for the same crime. Still, it allows some criminal offenses to be prosecuted separately by federal and state sovereignties, mainly because federal and state judiciaries are considered separate entities. As a result, federal and state officials cannot work together on each other’s cases. Furthermore, in a situation where a mistrial is declared, the double jeopardy clause will not protect a defendant from prosecution or a new trial.  There are various examples in history where the double jeopardy law came into effect. Let’s take a look at some of these cases.  Six men, including Donald Knight and Ray Roberts, played poker when mask robbers took their money and other personal properties. As a result, the police arrested four men for this crime, including Bob Ashe, and each man was charged in state court with six counts of robbery, one count per poker player. Bob Ashe’s first trial was limited to the charge that he robbed Donald Knight, and the jury acquitted Ashe on the basis that the prosecution had offered insufficient evidence that Bob Ashe had committed the crime. However, the state also prosecuted Bob Ashe for robbing Ray Roberts, and Bob Ashe objected that his second trial was sealed by the fifth amendment’s double jeopardy clause.  Harry Blockburger sold considerable quantities of morphine hydrochloride on several occasions to Ella Rush. Based on these sales of morphine Harry Blockburger was charged with five counts of violating the Harrison Narcotics Act. The jury then ruled against Harry Blockburger on the second, third and fifth counts. The jury court imposed a fine on each count and sentenced Harry Blockburger to five years imprisonment with the terms to run consecutively. The seventh circuit declared Harry Blockburger appealed to the United States supreme court and arguing that the imposition of separate punishments for the third and fifth counts violated the double jeopardy clause.  In this case, Green was put on trial, and the jury was told that they could convict him of either 1st or 2nd-degree murder. They then found him guilty of 2nd-degree murder, and later, he appealed the case and won. He later went back to trial and was again tried for 1st and 2nd-degree murder, and this time he was found guilty of 1st-degree murder. So the court ruled that this violated his double jeopardy because he had appealed the 2nd-degree murder charge, not the first. This case occurred when a district judge told the jury to give the defendant an acquittal. After all, the prosecution had lousy evidence, and the judge made a poor decision because the prosecution wasn’t done presenting its witnesses. However, the supreme court ruled that retrying the defendant would violate the double jeopardy clause, regardless of the judicial error.  There are some common misconceptions about the double jeopardy clause. Let’s take a look at two of these misconceptions. Some people believe that guilty people get out of punishment because of the double jeopardy law, and some may not even like this law. However, despite some of these criticisms, the double jeopardy law does more good than harm. Nevertheless, you should watch for these common mistakes because if the government prosecutes someone multiple times, it can cause the defendant time, money, and public embarrassment.  Not only that, but someone who had been found innocent would leave in fear because of the concern of being brought back to trial. Double jeopardy applies only in criminal proceedings and not civil or administrative proceedings, mainly because those usually recur or happen in intervals.  "
What Is Jury Nullification?,"Jurors not only can determine whether someone is innocent or guilty of a crime, but they also have the power to determine whether the law under which an individual is being prosecuted is a just law or even a constitutional law. But, of course, they can also choose to ignore the law or choose to ignore the person’s guilt or innocence. Hence the reason we’re going to discuss jury nullification in this blog.  Jury nullification is when a jury votes to acquit a defendant despite clear evidence that the defendant violated the law. Jury nullification is the source of much debate, and some maintain that it is an important safeguard of last resort against wrongful imprisonment and government tyranny. Others view it as a violation of the right to a jury trial which undermines the law. Some also view it as a violation of the oath sworn by jurors.  Jury nullification in the US has its roots in the British legal system. For example, in the year 1670, British Quakers William Penn and William Meade were arrested in London for preaching their version of the gospel. Their trial was supposed to be a typical trial of the day(not much of a trial at all). However, the judge went ahead and told the jury that these two were guilty and asked them to find them guilty in short order. However, the jury refused to convict, and they said that William Penn and William Meade hadn’t done anything wrong, which clearly, they both had broken the law.  The jury found that law ridiculous and refused to enforce it by refusing to return a guilty verdict. There was also a guy named Edward Bushel, the jury foreman; he was also thrown into prison because he refused to do what the judge told him. But, gladly, the law was that the judge couldn’t overturn the jury. So there were lots of political pressure on the judge, who also happened to be the mayor of London, to get Edward Bushel to change the jury’s mind. He threatened in writing to cut Edward Bushel’s throat and nose if he didn’t find Penn and Meade guilty and Bushel refused. So this case which is  Bushel’s case, is a landmark in Anglo-American law, and those principles became part of American law.  The judge does not have the right to threaten the jury and no other figure has the right to do so. When a jury decides someone is not guilty, they are not guilty, and this principle is called jury nullification. Juries constitute a significant part of trials in the United States of America, both civil and criminal trials. In a civil trial, a jury nullifies by finding a defendant not liable even though members of the jury may believe the defendant is liable. However, in a criminal trial, a jury nullifies by acquitting a defendant even though the jury members believe that the defendant did the illegal act. Still, they don’t think the individual should be punished for the crime.  This may occur when members of the jury disagree with the law the defendant has been charged with breaking or believe that the law should not be applied in that particular case. A jury can also unjustly or illegally convict a defendant on the ground of disagreement with existing laws, even if no law is broken. Although there is the double jeopardy rule in some jurisdictions, a conviction can be overturned on an appeal, but an acquittal cannot.  As a juror, not only can you determine whether an individual is guilty or innocent of the crime but also have the power to determine whether you believe that the law under which that individual has been prosecuted is a just law or a constitutional law. The juror can choose to ignore the law or choose to ignore the persons’ guilt or innocence. If someone is found guilty or suspected to be guilty, the jury comes back with a not guilty verdict because they believe that the law is unjust.  There are a few examples of jury nullification that we can look at which occurred throughout history. Some of these include: Here are some pros and cons of using jury nullification: "
The Exclusionary Rule,"The United States Constitution was drafted to protect some of the very freedoms that we enjoy today. In this article, we will take a look at one of the legal rules based on constitutional law, which is the exclusionary rule.  The exclusionary rule is a legal principle in the United States, under constitutional law, which states that evidence obtained or analyzed in violation of the defendant’s constitutional rights is sometimes inadmissible for criminal prosecution in a court of law. As we know it, in the United States, everyone has rights, and the people who accept the responsibility of upholding the law are responsible for upholding all laws as it pertains to everyone. This also includes suspected criminals.  The exclusionary rule is grounded in the fourth amendment and is intended to protect citizens from illegal searches and seizures from the police. The exclusionary rule was also created to protect against violations of the sixth amendment, which guarantees the right to counsel.  Over time, the courts have weakened the exclusionary rule to benefit law enforcement. A couple of ways they have adapted it is through:  The exclusionary rule was created in the early 1900s so that officers couldn’t just walk into someone’s home to gather evidence against them unless they had a search warrant. There can also be some exceptions to that rule. For example, police officers can have emergency searches at your house. However, if an officer is at your home and sees anything illegal in plain sight, they can use that as evidence against you even if they don’t have a search warrant. Let’s picture this scenario. An officer shows up at your house after receiving a call about suspicious behavior. If that officer just kicks down your door without a search warrant and finds a dead body, that body is considered inadmissible in court because the officer didn’t have permission to enter your home. On the other hand, if you answer the door and invite the officer inside and he happens to see this dead body in the other room, that can be used as evidence against you in court.  The exclusionary rule has evolved throughout the history of the United States. It was established in the American jurisprudence code of conduct with Weeks vs. United States in 1914. The court then stated that any evidence obtained from improper police conduct would be excluded from the evidence to convict at trial.  This rule would also include ‘fruit of the poisonous tree’ which excludes all of the evidence obtained through the improper intrusion of the fourth amendment rights. For that matter, the illegal search would be excluded, and the evidence of that search as well as anything that was produced from that search or interrogation. However, Weeks vs. the United States only applied this only to federal agents, and it didn’t apply to local state agents.  In another historical case, Wolf v. Colorado, it was stated that the exclusionary rule is not a protected right, but instead, it’s a judicially approved remedy to an officer’s actions and police abuse. It was then overruled in Mapp v. Ohio in 1961. In 1961, the court ruled that the exclusionary rule was essential and constitutionally required rights and protection. This was applied to all government agents, whether it was federal or state. The two cases, Weeks v. the U.S. (1914) and Mapp v. Ohio (1961), established the exclusionary rule. If an officer abuses the Fourth amendment or is oppressive, any evidence created or gathered from the search or interrogation will be excluded at trial. The exclusionary rule over the last decade has been weakened and adapted over a series of cases and has also been evolved as a doctrine to excuse a lot more police behavior. Furthermore, the exclusionary rule applies to all persons within the United States, even if they are immigrants (legal or illegal) or visitors.  "
Illegal Eviction – The Consequences & How to Avoid It,"Many people would love to have a friendly and easy-going relationship with their landlord or their tenants, but sometimes a landlord must seek to evict tenants to maintain a safe and well-managed property. However, many landlords who are in disputes with tenants are unaware of the proper legal process to run an eviction and can run the risk of committing an illegal eviction. Because of this, some landlords can face major criminal charges or a significant liability because of this illegal activity. Let’s take a deeper look illegal eviction, the consequences, and ways to avoid it.  Illegal evictions are any form of eviction that is not performed following the standard legal process. Landlords and tenants alike should familiarize themselves with the laws by contacting an attorney or any housing agency. If a tenant is illegally evicted, the tenant can sue the landlord for wrongful eviction and recover damages from the landlord to compensate for the expenses associated with the illegal eviction. When people think of illegal eviction, the most prominent thought that comes to mind involves using or threatening physical force to make the tenant leave. This behavior can open the landlord up to criminal charges as well as civil liabilities.   There could be many serious consequences of illegal eviction. If an unlawful eviction occurs, the tenant can call the police and bring criminal charges against the landlord. The tenant can also seek an order from the court, which would direct the landlord to allow the tenant to return to the premises. In some cases, the landlord may even be liable for up to three times the amount of damages suffered by the tenant.    There are various ways you, as a tenant, can sue your landlord for illegally evicting you. To legally evict you, your landlord must first end your tenancy. Meaning, the landlord has to sue and get a court judgment. If the landlord illegally evicted you without complying with these requirements, then you, the tenant, can sue. As a tenant, you can: Fortunately, if you are illegally evicted, there are several steps that you can take to combat illegal eviction. First and most importantly, you need to seek legal counsel and provide them with the necessary information. If you don’t have an attorney, you can always find one nearest to your location. Be sure to exercise due diligence before securing the services of an attorney.  "
What Is Duress?,"Every individual should have the autonomy to make decisions for themselves. Unfortunately, situations sometimes occur where that is not the case. When someone threatens another person with the intention of getting them to do something they normally wouldn’t have done, it can possibly be considered “duress.” While there are different definitions to exactly what duress encompasses (making it important to consult a legal professional in your specific area), understanding the basics of duress can be important to recognizing it. Let’s examine what duress is and how to prove it. As stated above, the basic definition of duress is unlawfully threatening another person with the intention of getting them to do something they normally wouldn’t have done. That is, however, a very broad definition. Duress can occur in several different ways. The most common occurrences of duress happen in situations involving contracts. If two parties are involved in some sort of contract, and one attempts to force one party to sign the contract — even when they don’t find the terms ideal — through threats, it could be considered duress. Duress in contract law is commonly broken up into two separate types: physical duress and economical duress. When a person receives threats of physical violence if they don’t sign a contract, it can be considered physical duress. Because one requirement of contracts is that all parties involved enter into the agreement in mutual consent, the act of threatening another person to sign a contract can void the agreement. As an example, Mike and John are working on a contract in which John would sell his share of the M&J Company to Mike. John is not happy with the terms of the contract and is hesitating, so Mike threatens to murder John if he doesn’t sign on the dotted line. Fearing for his life, John signs the contract. In this example, John would be signing the contract under duress and, if proven in court, would not be held to the terms due to the necessity of contracts being entered into mutually (as stated before). Economical duress involves financial elements of a contract rather than physical threats. Situations in which economic duress may come into play include: Claiming duress in a criminal law context is used a defense. A defendant will claim they committed the crime in question because they were forced into doing it by another party through violence or threats violence. Much like signing a contract under duress, these threats ostensibly would cause someone to act in a way they would’ve otherwise not. Elements of duress in a criminal case typically include: Specifically in contract law, duress often comes into play when a party is accused of breach of contract. When such a charge is brought against the person, they could claim the only reason they signed the contract in the first place was because of duress (whether physical or economical). Proving duress, however, is often difficult because there is rarely concrete evidence of the crime (such as written correspondence). To properly prove duress in contract cases, certain elements are usually required: Duress and coercion are often used interchangeably, but they are individual elements of a situation. Duress refers the to the mindset of a person who is being forced into a certain action while coercion is the actions made by the other party (such as physical or economical threats). "
Housing for Felons,"When an individual has a felony on their criminal record, it can make moving forward and doing basic things much more difficult. Just one task that can become tough with a felony is securing housing. While having a felony doesn’t completely remove the chance of renting an apartment or home, it does present certain potential roadblocks that should be understood. Read on to learn more about housing for felons, the rights of both the renter and landlord, and some of the programs that are in place to help. There are protections in place to prevent the discrimination of renters. The Fair Housing Act from the U.S. Department of Housing and Urban Development (HUD) specifically includes protections against the discrimination for reasons of:  Felonies are not included in the protections. Does this mean that a landlord can refuse to rent to an individual with a felony on their criminal record? Yes. While it doesn’t mean that all refusals are “fair,” it does often mean that refusing to rent to a felon is not in direct violation of the Fair Housing Act. That doesn’t mean, however, that there are not some guidelines put in place to prevent the unfair treatment of those with criminal records. On the landlord’s side of the decision of whether to rent to someone with a felony criminal record, HUD breaks a potential instance of discrimination into two categories: unintentional discrimination and intentional discrimination. To help ensure a landlord isn’t unfairly discriminating against individuals with felony criminal pasts, HUD uses three steps to determine if the case in question was an instance of unintentional discrimination. If a potential renter is accusing a landlord of having a discriminatory policy, they must prove that the policy in question has a negative effect on a certain race or national origin more than others. In the context of felons, this could be used to prove that not renting because of certain criminal backgrounds is specifically used to target a race that has higher statistics of those crimes than others.  An accused landlord must prove their refusal is not discriminatory for a legitimate reason. In dealing with some cases of housing for felons, a landlord will claim the refusal in question was to ensure the safety of other tenants. While this is often enough of a reason to make the refusal legitimate, a landlord must also have a specific reason as to why the crime committed by the potential tenant shows a higher risk than other crimes. How recently the crime was committed can also come into play here; a crime committed decades ago is harder to point to as a safety threat than one committed more recently. If a landlord can justify a criminal records policy against renters, a renter can also try to show there’s a less discriminatory alternative. This can include less-broad reasons such as specific details of the crime in question (age it was committed, rehabilitation efforts since it was committed, etc.) and other relevant personal statistics such as the potential tenant’s rental history. HUD uses a three-step process to help determine if a landlord has unintentionally discriminated against a potential tenant. The process is: When a landlord’s rental decisions are not consistent, especially when refusing potential tenants from any of the protections detailed in the Fair Housing Act, it can be considered a case of intentional discrimination. In this way, a refusal to rent because of a past felony charge can be shown to be because of a discriminatory reason instead. A small caveat to instances of potential renter discrimination comes into play when drug charges are involved. Landlords can’t be convicted of unintentional discrimination for refusing to rent to a potential tenant who has been convicted of the illegal manufacture or distribution of a controlled substance. Section 8 housing was designed to help, “very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market.” Qualified renters can receive housing vouchers that pay up to 70% of a building’s rent (Section 8 housing is only available in specific apartment complexes). Individuals with felonies on their criminal records can qualify for Section 8 housing, but there are certain types of felonies that disqualify an individual from the program. The two types of felonies that disqualify an individual from qualifying for Section 8 housing are: "
What Can You Do If a Judge Is Unfair?,"One of the mains goals of the U.S. legal system is to treat everyone with fairness and equality. Unfortunately, several factors can impact this goal, resulting in a less-than-fair situation. One of these scenarios can involve a biased or unfair judge. While this may seem like a problem that is out of your hands, there are steps that can be taken — with the assistance of a legal professional — if you feel you’ve been treated unfairly in a courtroom. Here are several possible answers to a difficult question to face — what can you do if a judge is unfair? Judges are meant to be held to extremely high ethical standards. Any qualified judge is expected to remain unbiased and neutral in the courtroom. Failure to meet these standards can result in severe consequences not only for the individuals involved in the case, but for the judge themselves. It’s important to note that these types of biases can be focused on the accused or the accused’s attorney. Just because a judge might not have any personal grief against the accused, personal grief against the attorney can result in the same type of unfair treatment if the former was the case. Before examining what you can do if a judge is unfair, it’s important to examine the standards every judge is expected to uphold. According to the Code of Contact for United States Judges, there are three main elements to the expected behavior and ethical benchmarks of a judge: In addition to those standards, understanding the definition of “bias” (or unfair) gives a clear picture of how certain actions can call into question whether or not a judge is upholding his or her expected standards. A definition for bias reads: “Inclination; bent; prepossession: a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction.” If you and your legal representation feel a judge has betrayed any of the above ethical standards in a way that shows unfairness or bias, then it’s time to explore possible legal actions. There are several different options you can pursue if you feel a judge has acted in an unfair way, and each navigates a slightly different path. It’s possible — and necessary — for a judge to recuse his or herself when certain elements are involved in a case. These are outlined in 28 U.S. Code § 455. A small section of the Code that details situations in which a judge should recuse him or herself goes as such: “(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person…” If any of these situations are true, and a judge doesn’t execute the recusal themselves, an individual involved in the lawsuit can formally request a recusal based on the grounds of unfairness or bias. If a ruling has already been made in your case, and you and your legal representation feel the judge’s biases have impacted the decision, you can file an appeal to have the case elevated to a higher court. These appeals are made based on a belief the judge arrived at the decision due to prejudice, incorrect use of the law, or incorrect or ignored evidence. If the appeal is accepted by an appellate judge, he or she could overturn the original decision or send the case back down to the lower court and order the judge to rehear it to correct the initial error in judgement. Instead of escalating to a higher court, filing a motion for reconsideration goes directly to the judge overseeing the case. A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased. In addition to the written brief, there may be oral arguments before the judge. Typically, a motion for reconsideration must be filed within a certain timeframe, and since these periods can differ from state to state, it’s important to be aware of the particular time constraint to ensure the motion is heard. As outline above in the “Ethical Standards of a Judge” section, all judges are expected to meet certain ethical standards as long as they hold court. Filing a grievance based on unethical behavior can encompass a wide range of infringements including violations of the code of conduct (also outlined above) or simply behaving in an inappropriate manner during the trial. These grievances are filed against the judge in question with a clerk of federal appellate court. The grievance should contain a detailed account of the judge’s actions and witnesses to the behavior. "
How to Sue an Apartment Complex,"From blasting music late at night to something as simply frustrating as not cleaning out the lint trap in the laundry room, living with a bad neighbor or two while living in an apartment complex is certainly difficult. Dealing with a landlord or rental company that is actively violating your rights as a tenant, however, is often a much more challenging situation. From the reasons to bring a lawsuit to the steps of the process, here is how to sue an apartment complex. Before getting into the exact steps, it’s important to start with the several scenarios that can warrant a lawsuit against a landlord and apartment complex. This isn’t a comprehensive list, but it does cover some of the most common renter’s rights violations that can lead to a lawsuit. As a renter, you have certain rights that must be acknowledged and protected by your landlord. Here are just some of the situations that may be grounds for a lawsuit against your apartment complex (it’s important to consult with a legal professional before making any kind of legal decision in these matters). Every tenant has the right to livable conditions. Unfortunately, it’s not exactly uncommon for certain problems to make an apartment less-than so. Health hazards such as mold growth, lead paint, and radon gas can turn even the most comfortable unit into a dangerous environment. Similarly, maintenance concerns such as the heat not working during the winter or no running water are not acceptable living conditions. If a landlord or apartment complex refused to complete repairs for these problems, it could be grounds for a lawsuit. Typically, a landlord must provide reasonable notice before entering a tenant’s unit. If a landlord violates this agreement (or if they’re entering for illegal reasons even with a notice), a lawsuit could possibly be brought against the person or company to stop the intrusions and to potentially recover damages. Under the Fair Housing Act, no tenant can be denied housing because of race, color, national origin, sex, religion, familial status, or disability. If any of these factors do come into play during a denial of housing, the Department of Housing and Urban Development (HUD) will investigate the claim and, if evidence of wrongdoing is proven, further legal action will be taken. Each state has specific landlord-tenant laws that must be adhered to when renting apartments. While these can and do differ depending on where you live, one thing doesn’t change — a landlord or rental company must follow them. If a law or laws was broken or specifically ignored during the rental process (for example, not claiming responsibility for repairs in the building), then it may be possible to sue the apartment complex for these violations. A lawsuit can be brought against your landlord or rental company if you think you’re being illegally evicted. Illegal evictions can come in several forms including retaliatory (such as evicting a tenant after repeated complaints about a valid maintenance or health issue) and discriminatory (such as evicting a tenant after they displayed religious or cultural items within accordance with the building’s rules). Suing an apartment complex or landlord requires certain steps to be taken, and it’s important that each be followed correctly to ensure your case remains strong (Please note: the following steps should not be taken as exact legal advice. Always consult with a legal professional first to make sure you’re following all local guidelines and mandates.) The first step in suing an apartment complex is drafting a formal complaint (sometimes called a petition). The complaint is the actual document that begins the lawsuit process, but it must be drafted in accordance with local rules of the court. The complaint lists all of the facts relevant to your situation, including the law you feel has been broken by the apartment complex or landlord. Depending on the amount you’re suing the complex or landlord for, your complaint may be able to be filed in small claims court (each state will have a small claims court monetary limit). If your amount exceeds that limit, the complaint will be filed in civil court. Once the complaint has been properly drafted and filed in the appropriate court, an official copy of the paperwork needs to be personally delivered to the offending party. The rules differ by state, but usually a police officer or a professional process service can ensure the paperwork is delivered to the correct person. Who that is, however, can sometimes be difficult to determine. If the landlord of the apartment complex doesn’t own the building, the copy of the paperwork may be better delivered to the offices of the management company that oversees the building. Typically, employees of the management company are qualified to receive the paperwork, allowing the next steps of the lawsuit process to begin. Once the complaint copy has been delivered to the appropriate parties (and if the case can’t be resolved through negotiation), the court may hold a pretrial. During the pretrial session with the judge, several topics may be discussed, and the judge typically sets down basic rules for the trial-to-be. It’s important to note that the parties involved in the case can still engage in negotiation at this point in the process, potentially removing the need for a trial at all. If there is no progress on an agreement during the pretrial phase, the process may move on to discovery. During the discovery phase, both parties involved in the case exchange the evidence collected and intend to produce during the trial. Depositions, requests for admission, interrogatories (basically written depositions), all may occur during this phase. If an agreement still hasn’t been reached at this point, the case will go to trial. Once the presentation of evidence and arguments and any witnesses needed have been questioned, the judge will issue a decision regarding the matter. "
"Suing Your Landlord: How, When, Why, & Should You Bother?","So your landlord sucks. Now you want to know if you can sue them, how you’d go about doing that, and what you can expect to get, right? Before you consider suing your landlord, consider what you might have to sacrifice to win. Not every battle is worth dying for. And this one may or may not be one of them. Sure, suing your landlord may be about the principal. To teach them a lesson – or maybe rebalance the scales of karma a scooch – or whatever other reason you want to tell yourself. But suing your landlord does not come without some big financial risks. Most landlords are protected by limited liability companies (LLCs) or large organizations. They may have in-house legal counsel and deep wallets to hire competent attorneys. Suffice it to say, that this project isn’t going to be cheap on your wallet if you chose to lawyer-up. Certain states even require you have an attorney. Although most allow you to represent yourself in Small Claims Court. And lawyers are expensive. On the other hand, if you chose to go it alone, be prepared to dedicate days to dealing with court-related proceedings. This isn’t just days in court, either. This includes gathering, filing, and submitting paperwork, dealing with filing fees, dealing with their rebuttals, doing your own legal research, and potentially taking time off work to do it. Court is a time-suck. Don’t underestimate how much time and money you’ll lose doing it on your own. Especially if you’re up against a lawyer who can bury you in paperwork. It’s also a massive risk to sue a landlord when you currently live on their property. They could retaliate and, since they’re in a legal pickle, they’ll probably retaliate in ways that are legal but highly inconvenient. There’s probably a never-ending list of reasons why you want to. But, legally speaking, here are the top reasons you’d be able to sue them and possibly win. Each state’s landlord-tenant law lists specific reasons your landlord can take deductions from your deposit. If your landlord has made a deduction for reason that’s not allowed – or which you didn’t specifically agreed to in advance -you can take your landlord to court. You can also file a suit if your landlord has not returned or is withholding your security deposit. Discriminations a big one. Of course, your landlord cannot violate the Federal Fair Housing Act (FHA.) If you can prove they did, you may have a legal case against them. You’ll first have to file a complaint with HUD, and they’ll investigate your claim. If they find that they did violate the FHA, legal action will be taken by HUD. Not all clauses are legal. Your landlord cannot include clauses that go against the landlord-tenant laws for your state. For example, service animals are allowed under the Federal Fair Housing Act. If they refuse to allow your service animal, it’s illegal. That’s just one example. Of course, there’s plenty of other illegal lease clauses out there. Here are a few more to keep an eye out for: However, the tricky part here is that these clauses aren’t enforceable, so there’s not much need to sue your landlord over them unless you attempted to comply with them prior to you realizing they were illegal. Be sure to check with your state tenant-landlord laws. If your landlord refused to address the repair that affected the health and safety or refused to perform them in a reasonable time, and you had to personally pay someone to perform the repair, you can see your landlord to recover the money paid out-of-pocket as well as prior possible damages. If you were hurt, robbed, assaulted, or had any other incident that directly stems from your landlord’s negligence, you could possibly have the opportunity to sue your landlord for negligence. However, expert proof may be required in order to satisfy the burden of proving negligence. If you’re successful, you will be allowed to recover damages caused by the incident. If your landlord didn’t disclose lead paint hazards or mold issues at the property – or purposely hid them from you -you may have legal ground to sue. Especially because they’re issues that cause long-term health problems. You could have a case for a lawsuit if you’re injured at rental property due to negligence. For example you slip and fall because there’s not a banister in the stairwell. This does not pertain to you slipping and falling because you or your neighbors refused to pick up after themselves. Landlords have to provide reasonable notice to enter your rental property. And they can only do so for legally allowed reasons. If your landlord violates these laws, the tenant can go to court to stop landlord from entering and could be awarded damages. You can counter sue your landlord if you feel like your landlord is trying to you illegally evict you. This could be trying to force you out without following state laws on eviction, locking you out, changing your locks, or fabricating or exaggerating a reason to evict you. "
Outdated & Weird Laws You Can Still Be Charged With,"Don’t kill bigfoot, keep an “adequate supply” of TP in coal mines, and – whatever you do – don’t make gross cheese. If you’re wondering what weird laws your state has, don’t worry. We broke down the weirdest laws in every state below.    In Alabama, it’s illegal to pretend to be a religious figure. You also can’t pretend to be a minister, nun, priest, or Rabbi. On that religious note; you also can’t play dominoes on a Sunday. Or hunt, shoot, play cards, or race.    Alaska has a statute that says an “intoxicated person may not knowingly enter or campout where alcohol is sold.” Which means you can’t get drunk in a bar and remain on-premises. But you also can’t drive home. And I’m guessing they don’t have a ton of Ubers out there? In any case, cops in Alaska have been known to arrest both patrons and bartenders for this offense.    In Arizona, it’s illegal to feed garbage to pigs without a permit to feed them garbage. Although if they’re pigs you plan on eating yourself, you don’t need a permit. (But ew?) Also fake drugs are illegal in AZ. As are most real ones.    AK made it illegal for a pinball machine to give away more than 25 free games to a player in one sitting. According to the Arkansas state legislature, the statute aims to prohibit machines that encourage gambling.    In California, there’s a health code that likely comes from the county fair and frog jumping Jubilee. But this weird law goes like this; a frog that dies during a frog-jumping contest can’t be eaten and you must destroy it as soon as possible.    Colorado has a ton of places to ski, which can be a huge boon for tourism during skiing seasons. But in order to modify the weather (IE: make snow), you need a permit in CO.    In Hartford Connecticut it’s illegal to collect “rags, paper, glass, old metal, junk, cylinders, or other waste materials” without a license. Because it’s their junk and they don’t want you to have it. It was previously illegal to sell pickles, salsa, or anything with a pH below 4.6 at a farmer’s market in CT, though this law was recently overturned.    In Delaware, it’s a misdemeanor to sell, barter, or offer the fur of domestic dogs or cats. Any products – made in whole or in part – may result in a fine of $2,500 and a ban of owning a dog or cat for 15 years after the conviction. This includes even shed fur.    In Florida, people who own bars, restaurants, or other places where liquor is sold may be fined up to $1,000 if they participate in or permit any contest of… Dwarf tossing. Though they have been working on getting this law repealed. Speaking of booze, it’s also illegal to sell alcohol during the hurricane. The state says it’s to curb people’s ability to throw hurricane parties. So it’s basically for public safety.    In Georgia, those who engage in llama-related activities are personally responsible for any injuries they suffer. This is to protect agricultural owners from lawsuits.    In order to keep Hawaii an idyllic and peaceful chain of islands, they have a law called the “Urban Beautification Initiative,” and it dates back to 1927. This initiative says that billboards are outlawed in the state with a few exceptions. This includes notices from public offices and signs posted where goods are sold. Otherwise, outdoor ads are strictly off-limits.    In Idaho, cannibalism is usually illegal. You read that right, in most states, cannibalism itself isn’t expressly illegal. However, the law allows for cannibalism “under life-threatening conditions as the only apparent means of survival.” And, further, how Idaho defines cannibalism is the “nonconsensual” eating of someone else. Providing you have a friend that’s totally cool with you eating their arm, it’s not technically cannibalism – or illegal – in Idaho. Though it is likely frowned upon.    There’s a bit of a rumor surrounding this weird law. The rumor goes like this: it’s illegal to own more than $600 worth of salamanders. This is almost true. And, truthfully, the rumors are weirder than the actual law. In reality, it’s illegal in Illinois to possess any variety of aquatic life that was captured or killed in violation of the fish and aquatic life code, or whose value exceeds $600. So, yes, you can own $600 worth of salamanders – but it can’t be just one salamander worth $601. But only if it violates the fish and aquatic life code in IL.    Indiana made it illegal for liquor stores to sell refrigerated soda or water. The law states that a beer and wine store should be exclusively alcoholic. That means any water were soda sold needs to be at room temperature. I’ll admit, this makes no sense to me, but it made sense to Indiana. Additionally, you’re not allowed to sniff toxic vapors of any kind in Indiana. At least, not if you’re intending to cause “a condition of intoxication, euphoria, excitement, exhilaration, duplication, or dulling of the senses.” But if you just like sniffing toxic vapors, there seems to be no law about that.    Iowa takes butter pretty seriously. Anyone trying to pass off margarine as real butter is guilty of a misdemeanor under the food labeling laws in Iowa. Renovated butter – whatever that is – must also be labeled as renovated butter.    It’s illegal to sell liquor by the glass in over 25 counties across Kansas, catch fish with your bare hands, and – no – you cannot shoot a rabbit from a motorboat. Because I know you were going to ask that. But non-motorized boats seem to be okay.    No dueling in Kentucky if you’re a public officer, legislator, or lawyer. Each one of these professionals needs to take an oath stating that they have never fought a duel with a deadly weapon.    Traditional Louisianan jambalaya is not subject to state sanitary code. This means that jambalaya in Louisiana can be made for public consumption in the open using iron pots and wood fires.    In South Berwick ME, it is illegal to park in front of Dunkin Donuts because those spots are reserved for police officers only.    Fortune-telling is illegal in Maryland. According to this law, “Anyone pretending to forecast or foretell the future of another through cards, palm readings, or any other scheme, practice, or device” can be found guilty of a misdemeanor and fined up to $500 or serve jail time.    American pride runs deep in Mass. Singing, playing only part of, remixing, or dancing to the national anthem is punishable by a fine of up to $100 in Mass. Additionally, swearing at sporting events if you’re over the age of 16 is still against the law. But I’ve at Fenway for losing games, and I can tell you it is not enforced.    Cheating, in Michigan, is illegal. Breaking this law is punishable by a maximum sentence of four years in prison and up to a $5,000 fine. Additionally, blasphemy is still illegal in Michigan. Though neither of which are enforced with any regularity. And a final note on Michigan’s weird laws… You can’t be drunk on a train. But a plane is okay, and once you get to Ohio, you can absolutely get drunk on a train. Just be sober for your ride back to Michigan.    In Minnesota, any contest where contestants have to try to capture a greased or oiled take is illegal. Turkey scrambles are also illegal. But non-oiled or greased pigs seem to be perfectly within legal bounds.    For a little while, it was illegal to swear in public and Mississippi. While it’s no longer officially illegal to use obscene or adult-like language, people still can’t display “obscene stickers, paintings, decals, or emblems in public or on motor vehicles or clothing.”    This one might be one of the weirder weird laws. And it’s got a lot of caveats to it, but here we go: If a bull or ram over the age of one year runs rampant for more than three days, a person may castrate the animal without liability for the damage. However, three town residents must attest in writing that the animal is loose, and its owner must fail to reclaim the animal after notice is given. After that, you can castrate the bull – or ram – and continue to let it rampage, I guess?    Yes, those words are in the right order. For Montana laws, anyway. Driving animals onto a railroad track with the intent to damage the train can result in fines up to $50,000 and prison time of up to five years.    Marrying if you have an STD is illegal in Nebraska. Even though Nebraska doesn’t require any sort of panels, blood tests, or medical history in order to get a marriage license. Which makes this law difficult to enforce.    Using a pedoscope (in other words an x-ray machine to size your shoes) is illegal in Nevada. So you’ll just have to measure your feet the normal way, I guess. So much for your daily dose of high levels of radiation.    Don’t collect or carry away seaweed at night in NH. Also no hunting in a graveyard in Evertt – though in other towns that’s legal, but likely uncouth – and you need to use your real name to check into a hotel.    If you’re going to commit a crime, don’t wear a bulletproof vest. In New Jersey, a person wearing a bulletproof vest while carrying out a criminal act can be charged separately for “suiting up.”    In NM, you can be charged with a misdemeanor if you trip a horse.    The Empire State bans being masked – or in any manner disguised in public. They also don’t like groups of people all dressed the same way. I do wonder what Halloween is like in NY if this is enforced… And, like Michigan, adultery is still illegal in NY. Punishable by up to 90 days in jail and a fine of up to $500.    In NC, elephants can’t be used to plow cotton fields. But other fields seem to be okay. Just no cotton, so don’t even think about it.    In ND, it’s illegal to lie down and fall asleep with your shoes on. Though whether this is in private or public, the law doesn’t say. It also doesn’t say if it would be legal to sleep in public with your shoes off. In any case, we’re thinking your sidewalk nap will be rudely interrupted.    In Ohio, every operator of an underground coal mine must provide “an adequate supply of toilet paper for each toilet.” While this kinda makes sense, there are a lot more questions than answers. Like what is an “adequate supply”? What happened to make this a law? And what is going on in Ohio’s coal mines?    The state statute in Oklahoma still says, “It is a fact that there exists an internal communist conspiracy. Such a conspiracy constitutes a clear and present danger to the government of the United States and to the state.”    If you’re traveling with bottled pee in Oregon, you cannot throw it out of your vehicle or leave it on the side of the road. This is a class A misdemeanor. The same is true for fecal matter… Which leaves us with a similar question that we had for Ohio… What is going on with Oregon? And why do you have fecal matter in a container that you’re throwing out your car window? In addition, you can also be fined for leaving your car door open for too long. This is something that has to do with cyclists being annoyed by car drivers. Which isn’t as uncommon as you think it is. However, how long you can actually leave your car door open for is unclear.    Human trafficking is a serious issue. Not just in Pennsylvania, or the states, but around the world. However, Pennsylvania felt the need to make it a misdemeanor to attempt to order – or sell – a baby. Though whether this is in addition to other charges or a standalone charge, the law doesn’t seem clear on. What makes this law weird isn’t that you can’t buy or sell babies, that’s being a decent person. What makes it weird is that it’s a misdemeanor.    You cannot – I repeat, cannot – bite off someone’s limb in Rhode Island. So take note. If you do bite off someone’s limb in Rhode Island, you’re looking at 1 to 20 years worth of prison time. And a huge mouth, because that seems difficult to accomplish with a human-sized mouth. That is… unless you’re part of a zombie hoard.    In South Carolina, a male over the age of 16 can’t seduce a woman by falsely promising to marry her. However, a woman could falsely seduce a male by promising to marry him. In either case, a man found guilty will be charged with a misdemeanor and possibly fined or imprisoned for no more than one year.    In South Dakota, every hotel must have twin beds two feet apart, and “thou shalt not make love between the beds.” Which is fair because they did give you two beds.    In Tennessee, they have a law for teachers that prohibits talking about “the gateways to sex.” This gateway includes things like kissing and holding.    If you’re an atheist, you can’t run for office in Texas. People wishing to run for office in TX must acknowledge “the supreme being.” If not, they could be subjected to religious testing… Whatever that is. You don’t have to believe in any particular God, but you do have to believe in some sort of superior being.    In Utah you cannot hurl a missile at a bus or a bus terminal… unless you’re a peace officer or security personnel. Another UT law; you can’t bite people while boxing.    In Vermont, there’s a law that bans banning clotheslines. That means that towns, neighborhoods, and communities can’t ban the use of clotheslines in Vermont… Because that’s banned. According to the Vermont state legislature, clotheslines are listed as energy devices based on renewable resources.    In Virginia, there’s a law saying fornication (IE: sex) is completely banned unless you’re married. Technically, it’s still punishable as a misdemeanor. Though we’re assuming no unmarried couples are formally charged with the crime of “unmarried fornication.”    It’s a law in Washington that you cannot attach a vending machine to a utility pole without prior consent from the utility company. Additionally, killing bigfoot was a felony at one point and punishable by five years in prison. Now, the law’s been amended to say bigfoot is an endangered species and, thus, killing and trapping bigfoot is still illegal under the Washington wildlife laws.    In West Virginia, you can’t use ferrets to hunt. Anyone who hunts, catches, takes, kills, injures, or pursues a wild animal or bird with a ferret will face a fine of no less than $100. And up to 100 days in jail. This might sound odd, but ferrets are skilled hunters who are used to hunt rabbits and birds in many parts of the world. Yes, including parts of the US.    Wisconsin takes cheese seriously. According to Wisconsin state legislature, non-tasty cheese is technically a punishable offense. According to the law, state-certified cheeses like Munster, cheddar, colby, and Monterey jack must be “highly pleasing.”    In Wyoming, it’s illegal to injure a fish with a firearm. Whether the weapon actually has to be fired or not, the law doesn’t say. In any case, you literally can’t shoot fish in a barrel.   Don’t forget to share this list of weird laws with your friends! It might just keep them out of jail the next time they try to shoot a rabbit from a motorboat. "
Right To Know Law: Everything You Need To Know,"The Right To Know Law isn’t a single law. It’s a group of laws. These laws cover a variety of rights. From your rights during police encounters to workplace safety to personal information. And they’re typically different for every state. However, there are some laws – such as the right to know workplace laws – that don’t deviate much. Mostly because the federal government stepped in with minimum regulations. OSHA also governs some of the right to know laws and regulations in the workplace, so they’re a bit more uniform.    More recently, we’ve been hearing about the Right To Know Act in NY. This law took place in 2018. The New York Police Department ordered 10,000,000 business cards. Officers needed to hand out these cards to people they stopped. The cards include the officer’s name, ranks, and other important identifiable information. In New York, it’s required for them to hand out these cards under the new Right To Know Act in most circumstances.   The officer(s) must identify themselves, the reason for your interaction, and give you a business card without you having to ask for it if:   The addition to the law also included updates to consent to search. An officer previously only had to have a hunch that someone on the street was doing something illegal, such as possessing drugs. The officer could then stop and search someone based on that hunch. This argument of “reasonable suspicion or probable cause” came up in Whren v United States. Obviously this “hunch” method has plenty of room for human bias, error, and moral grey-area of plausible deniability. And that can lead to racial, sexual, or other inequalities and intentional targeting from law enforcement. With this new addition though, the officer no longer has a right to search someone based on suspicion. This applies to your home, your car, or anywhere else. Unless they get your voluntary, knowing, and intelligent consent. They can, however, stop to question you. In which case, they need to give you their card.   This means that officers can no longer search people in New York unless they:   With New York having made these drastic changes a few years ago, other states are now following suit. For example, Pennsylvania is moving to make it similar to NY’s. The same is true with California, where police brutality is a serious issue as well. Now it’s important to remember that this right to know law does not apply to every state. In fact, it doesn’t apply in most states. However, if this is something you want to see more of, there are plenty of petitions, senators, and other avenues that you can pursue to make sure your voice and your opinions on this are heard.    Right To Know in the workplace is very different from those that involve the police. This set of laws mandates that employers share scientific information with their workers and local communities about the chemicals found in the workplace.   This information needs to include the following for every chemical the business uses to provide goods and services:   The Right To Know Law in this circumstance places emphasis on maintaining and dispensing information.   This set of laws is broken into four broad categories of obligation:   This information must be presented even if it’s not formally requested. You may have seen the posters that most workplaces have about The Right To Know Law. Most places also usually have decent sized books that you can go through at your own leisure. If we’re boring enough to call that leisure, anyway. The Federal Hazardous Substance Labeling Act also provides workers with basic information on hazardous materials. Including descriptions of the nature of the hazard and instructions for safe handling and medical treatment in case of exposure.    What is considered public record under the Right To Know Law depends largely on what state you live in. For example, in some states, your name and address are public record. And in most states, if you win the lottery, your name, age, and address will become public record. Even if it wasn’t before. In other states, public record laws are much stricter and protect more of your information. There is no uniform answer as to what is public record. However, when we’re talking about public records such as state records, agency records, or governmental records – that’s a different topic. The Right To Know Law also collides with the Freedom of Information Act (FOIA.) Which is a topic that we’ve already covered in a different article because it’s a very different set of laws. The Right To Know Law covers personal information, while FOIA covers government information. But your information – depending – may be covered only partially because of FOIA.   The same is true here. Your name, address, and age may be protected. Or it may not be. The same is true for certain information about other people, agencies, or any state entity that operates within your state’s Right To Know Law. In order to get a clearer picture of what your state’s right to know laws are, you have to do your research on your particular state – or the state that you want to request information in. But because there are so many laws under this one law, you need to get specific about what question you want answers to. "
"W-4: What It Is, Who They’re For, & How To Fill It Out","They sound and look complicated, but they’re not that bad, I promise. A W-4 is a tax form used by employers to withhold the correct amount of taxes from your paychecks. If you don’t fill out this form, or don’t fill it out correctly, you may end up having to pay additional taxes when you file your tax return at the end of the year. Alternatively, if you request too much be taken out of your paychecks you might have a hard time paying your bills. Of course, you can change the allowance withheld from your paycheck as long as your employer allows you to. All you have to do is fill out another W-4.   W-4s are also called “employee’s withholding certificate.” It determines how much your employer will withhold from your paycheck. This withheld money gets sent to the Internal Revenue Service (IRS) on your behalf. Along with the cash for your taxes, your employer will send your Social Security number and your name so the IRS can track what money came from who. The money sent to the IRS counts towards paying the annual income tax bill when you file your tax return in April. That’s why your W-4 asks for so much personal information. You can also claim an exemption from withholding if you didn’t owe taxes last year and expect to not owe this year. This means that those income taxes won’t be taken out at all, though this is rare because the limits for taxable income are so low. Related: What do I do if I lost my social security card?   W4’s don’t get filed with the IRS. Instead, your employer will use the form to determine how much to take out of your checks for you. Once that’s done, they need to file it away somewhere for you – or them – to reference if any questions pop up. You only have to fill out a W-4 if you start a new job or to make changes to the amount of taxes being taken out of your checks every week. For example, if you realize you or are getting too much money taken out of your paycheck and want to reduce the taxes coming out. Or if you moved into a new tax bracket. This includes things like you got married or divorced, had a child, or got a second job. You may also fill out a new W-4 if you want to withhold extra money from your paycheck for your next tax return. Your W-4 changes will take effect within the next one to three pay periods. Depending on how you’re paid. So, if you think you’ll need to do this soon, it’s better to do it earlier than later.    The forms are easy to complete. But the numbers can seem overwhelming since they – logically – make no sense to anyone who doesn’t work at the IRS or in a tax office.   Your name, address, filing status, and Social Security number. Your employer needs all this information so the IRS knows to apply the payment towards your income tax bill, not someone else’s. After completing this step, single filers with a simple tax situation only need to sign and date the form. If you’re single, have no dependents, have only one job, and plan on filing a simple tax return, you can reasonably expect to always be a 0 on a W-4. However, if that’s not you, there’s more math. First we’ll cover multiple jobs.   If you have more than one job or your filing status is married filing jointly and your spouse also works, you need to figure out what number to put down. Since you’re filing jointly, this is considered two jobs if you both work. Which doesn’t make a ton of sense, but it’s the IRS, so… Anyway, you have a few options to calculate your number:   Use the IRS’ online tax withholding estimator. This option has four steps that are basically the same as on the form itself, but it’s a bit easier if you’re getting jumbled on the math.   Fill out the multiple jobs worksheet. It’s provided on page three of the W-4 form. Enter the result from step 4C n the line. This is provided on the form your employer should have given to you. Alternatively, you can download the form from the IRS if they didn’t or you misplaced it. The IRS advises the worksheet should only be completed on one W-4 form and the result should be entered for the highest paying job only. For example, if your spouse makes more than you, use their income. Or if you have a full-time and a part-time job, use the income from whichever one makes more money. Not per hour, but overall.   Check the box in option C if there are only two jobs total. Do the same on the W-4 for the other job. Choosing this option makes sense if both jobs have similar pay period otherwise more tax may be withheld than necessary.   If you have dependents, fill out step three to determine your eligibility for the child tax credit and credit for other dependents. This may also apply to lower-income families who may qualify for EIC. Single taxpayers who make $20,000 or more or those married filing jointly who make less than $400,000 are eligible for the child tax credit, so you’re very likely to be eligible for the first one at least. The IRS’ definition of a dependent is pretty complicated, but the short form is a qualifying person who lives with you and whom you support financially. Multiply the number of qualifying dependents underage 17 by $2,000. Multiply the number of other dependents by $500. At the dollar sum of the two to line three. For example, if you have one of each dependent type, you will put $2,500 on line three. Related: What is a legal dependent?   Yeah, this may sound crazy. Especially given how much they’re already taking out of your paycheck. But the information you provided in the previous section might result in your employer withholding too little taxes over the course of the year. If they withhold too little, you’ll end up having a big tax bill and possibly underpayment penalties and interest come April. If you’re worried about this being the case, tell your employer to withhold extra money from each paycheck. If you overpay, you’ll get it back anyway. The most likely cause of significant underholding is if you receive significant income on a 1099. This is a form used for interest, dividends, or self-employment income. No taxes are withheld from any of these income streams, so you’ll need to pay extra taxes to cover those. You may also need to use this section if you’re still working but receive pension benefits from a previous job or Social Security retirement benefits. Step four of the W4 allows you to have additional amounts withheld by filling out one or more of the three sections below:   If you expect to earn non-job income such as dividends retirement accounts or savings enter the amount you expect to receive in this section.   Fill out this section if you expect to claim reductions such as itemized reductions other than standard deductions and want to reduce withholding. Use the deduction worksheet provided on page three of the W4 form to calculate what to put here.   This allows you to have any additional tax you want withheld from your paycheck. Including any amount from multiple jobs worksheet if this applies to you, but some people like to just use their tax return as a savings account. If that’s you, this is your line.   Signing and dating your W-4 is the easiest step. But it’s just as important as any other step. The form says, “Under penalties of perjury I declare I have examined this certificate and to the best of my knowledge and belief it is true, correct, and complete.” You need to sign your name below that statement where it says employees’ signature. Then enter the date to the right. Your W-4 is not valid until you do so. And, as a reminder, lying on this form is paramount to perjury which is punishable by jail time and sizable fines, so, you know, be honest about who you are and all that. People like to fixate on the numbers, but, really, you can put whatever number down you want. It’s just generally not in your best interest to do so. When in doubt, go lower.   If you will be employed no more than 245 days of the year, request in writing that your employer use the half-year method to compute your withholding. The basic withholding formula assumes a full year of employment. Without using the part-year method, you’ll have too much withheld. Of course, you’ll get your money back, but it’s still nice to have liquid assets on hand. "
"Plausible Deniability Definition, Examples, & Laws","Plausible deniability is defined by the dictionary. But it’s not technically a legal term or defined in any legal documents. Which makes it a much looser term than it sounds. On top of that, plausible doesn’t mean trustworthy, possible, or even likely. Plausible means you could conclude that something might or might not be possible. But usually theoretically, superficially, or suspiciously. It doesn’t necessarily have to be a “reasonable” conclusion, either. In its broadest sense, the term usually points to a lack of proof. After all, innocent until proven guilty is the backbone of our legal system. So if there’s no proof, it’s plausible they could deny it. Essentially anything illegal or unethical that can be explained away under an innocent and probable guise – true or otherwise – falls under plausible deniability. Even if the plausibility of the denial is suspicious. However, in the ‘60s, the CIA took the term and expanded on what plausible deniability means to them. And the CIA’s version is the one that became popularized. To the CIA, it’s the act of withholding information from senior officials to protect their higher-ups in the event the information becomes public. Whether the information was actually withheld or not matters little in court if there’s no proof to the contrary. While it might seem like a minor tweak, the CIA’s definition puts blame on subordinates. This blame swap alleviates pressure on more senior officials. Which you may or may not frown upon. And I get that. Most people expect superiors to be held accountable for the actions of the subordinates. But if they have plausible deniability, the senior officials can’t be held accountable. This is true even if the actions clearly only benefit the superior who “wasn’t” in the know. It also applies if an implication was made that spurred on illegal or unethical actions. An example would be a sinister comment in a suspicious tone followed by an equally suspicious exaggerated wink. That is, providing the superior can write it off as a misunderstanding. *Wink.*  However, in cases where someone genuinely didn’t know something was happening, they can’t reasonably be held accountable for the other person’s actions. Regardless of management practices and chains of command, if someone really doesn’t want you to know something, they’re really just not going to tell you. Famously, Ollie North (Lt. Col. Oliver L. North from the Iran-Contra scandal) called this situation “absolute deniability.” Ollie’s argument was if you’re genuinely not aware of or did not do something, that’s not plausibility – it’s just not a thing. This seemingly convenient loophole is meant to uphold the burden of proof. And – before you cry outrage – the burden of proof is for your benefit as well. So it’s kinda important if you care about your rights. However, that’s not typically how we think of plausible deniability. And that’s certainly not how we’ve seen it pan out in the political or corporate arena. You don’t have to look long to find a scandal with a defense of “plausible deniability.” Most notoriously, we have President Reagan and the Iran-Contra scandal, Jeff Skilling from Enron, and Volkswagen’s still-evolving emissions scandal – among hundreds of others. And we’ll cover some of those in a minute. But it’s important to remember that this isn’t just in politics and the C-Suite. Real-world plausible deniability can (and does!) encompass things like thinly veiled threats, false advertisements, sexual harassment, stalking, discrimination against legally protected characteristics like race, age, gender, and sexual orientation, as well as a slew of other instances. Petitioner Curtis Flowers claimed that state prosecutor Doug Evans had a history of racial bias. Curtis claimed this bias made his six separate convictions – all prosecuted by Doug Evans – unfair. In two trials, the appeals court found that Evans had intentionally excluded 41 of 42 potential jurors based on their race. This unconstitutional exclusion is also known as a Batson violation. Evans fought the Batson violation charges by pointing out that he had a reason to strike all 41 of the 42 potential jurors. It was acknowledged by all parties that each black juror was subjected to more intense questioning by Evans than the white jurors. However, some supreme court judges indicated they still saw merit in those jurors being removed. Mrs. Johnson, Flowers’ attorney, argued that “The problem isn’t whether the reason [for striking a juror] is a legitimate reason, but whether the reason was pretext.” Ultimately, Flowers’ Batson violations case ruled 7 – 2 that “The trial court committed clear error in concluding that the State’s peremptory strike of a particular black prospective juror was not motivated in substantial part by discriminatory intent.” Whren and Brown were driving in a ‘high drug area’ when police officers noticed they were sitting at a stop sign for an unusual amount of time. They then “abruptly turned without a directional onto the road and sped away.” When police officers stopped Whren and Brown, they found Whren holding plastic bags of crack cocaine. Before trial, they moved to suppress the evidence and stated the officers used the traffic violation as a pretext for stopping the truck because they lacked either reasonable suspicion or probable cause to stop them. Additionally, they claimed it was a violation of the fourth amendment by conducting an illegal search and seizure. In a unanimous ruling, the court held that as long as a police officer could cite a violation as a reason for stopping a vehicle on the road, then whatever other reasons he may have had for stopping the vehicle are irrelevant. Though this seems reasonable enough, traffic violations are not only broad and subjective in most cases – particularly when it comes to reasonable suspicion – but numerous and easy to find if you follow someone long enough. This ruling invited race, age, and gender discrimination and harassment under the guise of a “routine stop.” But as long as a reason can be cited for the stop, that reason can be used as probable deniability for racism, sexism, agism, sexual harassment, or any other illegal reason to be pulled over. On November 4, 1979, 66 Americans were taken hostage in the Islamic Republic Of Iran. When the 1980 election rolled around, incumbent Jimmy Carter was being opposed by Ronald Reagan, and the American hostage situation was one of the leading national issues. As the story goes, Carter was mounting a last-second rescue mission to swing the polls in his (already favorable) favor. Reagan was concerned Carter was going to pull this off, so he made a deal with Iran to hold onto the hostages until after Reagan had taken office. Statements from former intelligence officer Abulhassan Banisadr and US National Security Council member Gary Sick indicate that Iran was promised weapons and monetary assets that had previously been blocked in US banks for holding onto the hostages. Reagan, of course, did win the 1980 election, and 20 minutes after his inauguration speech ended, the Islamic Republic Of Iran announced the release of the American hostages. This sent up massive red flags, and the American public and hostages demanded investigations. The investigations ultimately came back with no definitive proof that the weapons were sold to Iran to delay the release of the hostages, giving rise to Reagan’s first “plausible deniability” scandal, but also the term “October surprise.” Of course, the Iran-Contra scandal doesn’t end that quickly. The money from weapons that were sold to Iran (totaling more than $30 million) was given – at least in part – to the Contras. The Contras were a group of guerillas that were attempting to overthrow the Nicaraguan government. Reagan openly supported their cause, and even likened them to America’s founding fathers. However, selling arms to Iran and assisting the Contras were both illegal – regardless of whether the “October surprise” allegations are true or not. Regan made liberal use of the phrase, “I don’t recall,” and Ollie North stepped in to say that Reagan knew nothing about the money going to the Contras because he hid it from Reagan. This gives us plausible deniability scandal number two, but it also popularized the CIA’s version of the term. But Reagan, in total, had eight major scandals in his presidential career that resulted in indictments, convictions, and investigations of over 138 officials – making him the most scandalous president to date. At this point, it’d be easy to be disheartened by the thought that plausible deniability always wins, so I’d like to introduce you to Enron and the concept of implausible deniability. Implausible deniability can be best explained by attempting to use the excuse of plausible deniability and failing to convince anyone that it’s true. IE: your deniability is implausible. The Enron scandal is too complex for a small part of a blog post, and Jeff Skillings wasn’t the only one who was formally charged, but he’s probably the most well-known player in the scandal. In short: Enron was inflating their revenue by projecting the revenue they hoped to gain from a venture and counting the projected revenue as earned, even if they never earned a dime from the venture. They were also hiding their debt in businesses they created specifically for hiding their debt. It was still their debt, and they still needed to pay it with the money they weren’t actually making, but none of that was in the books. Over the course of a few years, these cooked books fooled investors over the long-term, leading to purchases of more stock, which rapidly lead to the inflation of their stock price from $20 per stock to well over $80. Skillings sold almost all of his stock before it fell and netted himself $15.6 million, then promptly left Enron for “personal reasons.” When this Enron bubble inevitably burst, their stocks fell from over $80 to under $.20 and thousands of people lost their retirement funds, jobs, and billions of dollars in worthless stock. At this point Jeff Skillings, CEO and former COO of Enron, took to the stands well-armed with a heavy dose of plausible deniability. Almost all his statements included some air of, “I wasn’t aware,” “I don’t recall,” “I wasn’t there,” or “I did not believe” when giving his testimony. Of course, no one believed him, and he was sentenced to 12 years in prison. Several other companies, CEO, CFOs, and COOs went down with them. There are no laws in place to specifically safeguard against plausible deniability when it doesn’t pertain to the government’s involvement in other countries. This means that incidents like Flowers V. Mississippi, Whren v. the US, and Enron aren’t touched by the following laws. But that’s not to say there aren’t safeguards that were in place to prevent these things from happening. In the case of Enron, there are quite a few businesses and SEC laws and in the case of civil issues, there’s obviously the constitution. But there are no laws about how the chain of command and passing of information should flow – with the exception of the government’s involvement in other countries. In order to understand what laws are in place to combat plausible deniability as far as the CIA is concerned, we have to look at the foundational laws in place that they build off of. In this case, the Foreign Assistance Act. The Foreign Assistance Act’s goal was to unify existing aid efforts from organizations like the International Cooperation Administration, Development Loan Fund, The Export-Import Bank, and the Food for Peace program, under the United States Agency for International Development (USAID.) It also distinguished the difference between non-military and military aid of other countries, with the former usually falling under the management of USAID. The act states that no aid shall be offered to any communist country (though this can be overturned in some instances by the president,) or to any country that “engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, causing the disappearance of persons by the abduction and clandestine detention of those persons, or other flagrant denials of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country.” Though, due to the violent nature of Contra’s efforts, this is one of the laws that the Iran-Contra scandal directly conflicted with in the ‘80s. This amendment to the Foreign Assistance Act was intended to limit major covert operations of the military, CIA, and security agencies without the president’s (and other parties’) full knowledge. Essentially it’s supposed to work like this: The CIA and Defense Department agencies were prohibited from using appropriated funds to conduct covert operations until the president issued and submitted an official finding that each operation was essential for national security. From there, the finding would go to six congressional committees, which later became eight congressional committees including the House and Senate “select committees” on intelligence that were later established specifically for this purpose. The act also stated that the CIA (or other agency) had to inform congress in a timely manner of their entire intended plan. This would remove the “plausible deniability” of the president and expand the circle of culpable parties into several congressional branches. This failed rather quickly because the ability for congress to veto and leak covert operations was now a large part of the covert ops approval process. As such, the CIA and other covert agencies never gave the full picture to committees. As a result, the committees stopped further questioning the CIA and other agencies that conduct covert ops because they weren’t getting the full story regardless of questioning. Again, this was violated with Iran-Contra in the ‘80s. The Intelligence Oversight Act is an amendment to the Hughes-Ryan Act and intended to fill in the gaps the previous revision failed to fill. This act removed six of the eight committees from Hughes-Ryan and now only required two committees be privy to covert ops – the House and Senate “select committees” on intelligence (HPSCI and SSCI, respectively.) This act also revised what the new rules going forward were, including keeping both committees “fully and currently informed” of activities including “any significant anticipated intelligence activity.” However, a smaller-mentioned portion of this amendment also includes the article provision, “[n]othing in this subchapter shall be construed as requiring the approval of the congressional intelligence committees as a condition precedent to the initiation of any significant anticipated intelligence activity.” This removes the pitfalls of the previous amendment where covert operations could be vetoed or leaked, while retaining the original intention to expand the net of culpability and remove any reasonable excuse of probable deniability. "
"Nepotism, Cronyism, & Favoritism: Illegal Or Unethical?","Nepotism in its simplest form is showing favoritism towards relatives. On the other hand, the less commonly thrown around (yet more commonly occurring) cronyism, is showing favoritism towards friends, associates, or colleagues. In general, they both involve “playing favorites.” Situations like choosing a relative for the job when there were more qualified applicants, promoting the office suck-up based on their relationship to management versus on job merit, or starting friends and family off at a higher pay rate with lesser qualifications count as favoritism. But favoritism isn’t always the simplest thing to define. And, more often than not, it depends on the perspective. For example, when someone is offered a promotion based on relation – rather than work record – it’s unfair. But not usually discriminatory. The person who offered a friend or family member the promotion could get along better with this person, be less critical of their work, or could genuinely see value in their work even if you don’t. We all have biases. That’s not opinion, that’s an unfortunate scientific fact. Without them, we would have too much information to process. That’s just how your brain operates to make shortcuts for your decision-making process. And those biases influence how we act, react, see people, and judge value. Some people are self-aware enough to see how their bias paints a person or a situation. And, with that, they can make logical and rational decisions. Opposed to decisions fueled by undercurrents of emotional bias. IE: you adore your best friend and think she’s a wonderful singer. Even if you’re aware that she sounds like a sick crow to literally everyone else. But, unfortunately, most people aren’t terribly self-aware. Including management (as well as plenty of employees) who overvalue and overpraise underwhelming work. I bet you know the kind. In order for favoritism to be illegal, you need to prove that the bias was against a protected characteristic. Something like your age, gender, sexual orientation, religious beliefs, etc. The problem with that is some groups just get along better. They work together better, they communicate better, they share the same beliefs, views on the world, values – whatever. And none of that makes favoritism illegal. Even if they only get along better because of a legally protected characteristic. Which leads us to the question: when (if ever) is nepotism illegal? Nepotism itself is not illegal in the private sector. This means unless you’re employed by the government or a public entity, your company does not have many (if any) laws banning, prohibiting, or otherwise punishing nepotism or cronyism. Without this lack of law, family-run and owned businesses wouldn’t be a thing. So, on one side, it’s a great and heartwarming thing. On the other side, it’s wonton – and dare we say rampant? – abuse leads to serious ethical implications. And, let’s remember: nepotism is still a form of favoritism. But favoritism isn’t inherently illegal. However, in some cases, favoritism crosses the line into discrimination. Just where this line is – and how to prove that line has been crossed – is tricky. Say Sarah and Emily were hired at the same time, for the same job, in the same department, and have the same experience. So all things, essentially, equal. I know that’s not realistic. But for the sake of simplicity, play along. Now, Sarah consistently outperforms Emily, but Emily is related to their boss. When the opportunity for a promotion opens up, Emily gets offered the job and Sarah doesn’t. Someone being offered a promotion because of their relation to management (or even their ability to obnoxiously suck up to management) is favoritism. But it hasn’t crossed any legal lines. If Emily from the example above wasn’t related to the boss and was being favored due to her age, race, gender, or any other legally protected characteristic instead, then it becomes illegal. If Sarah is indeed more deserving based on her work performance, but being overlooked due to a protected characteristic, it’s discrimination. But it would be hard to prove. So let’s keep going with this then. Emily’s older than Sarah, so the boss feels that Emily is more competent. Even though they have the same experience and Sarah outperforms Emily. But if Emily and the boss get along better because of his bias towards her age, then the boss could easily argue he promoted Emily because he liked her better. This would still be super unfair and unethical – and a terrible management practice. But not illegal on face value. However, if a clear pattern starts to emerge where – all other things equal – this supervisor consistently overlooks younger people for promotions, then there’s certainly a case for discrimination. If you feel like you are being discriminated against, we have some resources to help you weigh your options. Favoritism is also illegal when it becomes sexual harassment. When a boss favors someone they have a consensual sexual relationship with over someone they don’t have a sexual relationship with, that’s not necessarily illegal. Typically unethical and would constitute as nepotism or cronyism – but not illegal. Married couples working together, for example. Which may or may not lead to nepotism. But that’s for another time and post. When this becomes illegal is when they favor the person they’re in a sexual relationship with and/or punish the person (or people) who denied engaging in a sexual relationship with them. Alright, example time. Say person A got a promotion after they engaged in a sexual relationship with their superior. But person B got fired and person C got demoted after both denied the same superior. At that point, it goes from being cronyism (or nepotism depending on the relationship with person A) to sexual harassment. And – in some cases – discrimination. However, for discrimination to come into play in a sexual harassment case, sexual orientation or another protected characteristic would need to be a factor. For example, if person B denied a sexual relationship with their superior because of their sexual orientation and got fired. But person C denied a sexual relationship with their superior without sexual orientation being a factor and simply got demoted – this would likely push the interaction over the line to discriminatory. Providing all else is equal between person B and person C, of course. It can also be sexual harassment in some cases if the superior is attempting to “win over” someone by favoring them in the hopes their relationship will turn sexual. But, again, the circumstances surrounding that one are tricky. It’s hard to point to where the action crosses the line into harassment or discrimination. The superior could easily say they promoted one person over the other because they’re in a relationship. Or in the latter case because they like them more than the other person. In either case, this could be entirely true. Again, it would be totally unfair and a terrible management practice – but not necessarily illegal. And, again, not the easiest case to prove. But if you feel sexually harassed, don’t let that discourage you from putting a stop to it! Nepotism and cronyism in the private sector become illegal when it breaches a contract, becomes discriminatory, or involves sexual harassment. Contract breaches are probably the easiest to prove. Most jobs require some form of contract. Whether you realize you’d signed one or not. That stack of paperwork you sign when you start a job? Somewhere in there, it usually outlines an adherence to the company policies and terms. Most of the time it also outlines what the company will and won’t tolerate for relationships in the workplace. And, additionally, what actions count as a conflict of interest. Of course, nepotism and cronyism almost always count as a conflict of interest in the general sense. But if your company is privately held, what counts as a conflict of interest to them is a whole other matter. For publically traded companies, under the Sarbanes-Oxley act (2002,) management officials are required to disclose conflict of interest to potential and current stakeholders. This means if the company you work for sold all or part of itself during an IPO, they’re required by law to disclose the hiring of family or friends. If they fail(ed) to do so and someone reports their failure, that means that conflicts were hidden will likely lead to an SEC investigation. If you report your employer, you’ll be protected from punishment under the whistleblower act. Nepotism and – to a much lesser extent – cronyism are also illegal in government entities. Many states have an anti-nepotism law for public officials such as senators, people in congress, and in some cases police departments or other government entities. In most states (even the ones that don’t have anti-nepotism laws) conflict of interest laws still apply to both government entities and to publicly traded companies under the Sarbanes-Oxley act. Each state has laws that govern what relationships count under the law, what the repercussions for breaking the law are, and who this law applies to. In some cases, relationships defined by blood (consanguinity) are more penalized than those defined by marriage (affinity.) Some laws only count immediate family while others count family members that are four or more degrees out (ie: third cousins or your great aunt three times removed.) In rarer cases, some states define their degrees differently. This table is from the National Conference of State Legislatures.   Class 2 misdemeanors are punishable by up to four months imprisonment and a fine of not more than $750. Ariz. Rev. Stat. Ann. § 13-707 & 13-802. No person related to a legislator within the second degree shall be appointed to any clerkship, office, position, employment or duty within the legislative branch when the position would be paid out of public funds. Idaho Code Ann. § 18-1359. Possible penalties for violation of this chapter include: (from Ind. Code Ann. § 4-2-6-12) §  (1) Impose a civil penalty upon a respondent not to exceed 3 times the value of any benefit received from the violation. §  (2) Cancel a contract. §  (3) Bar a person from entering into a contract with an agency or a state officer for a period specified by the commission. §  (4) Order restitution or disgorgement. §  (5) Reprimand, suspend, or terminate an employee or a special state appointee. §  (6) Reprimand or recommend the impeachment of a state officer. §  (7) Bar a person from future state employment as an employee or future appointment as a special state appointee. §  (8) Revoke a license or permit issued by an agency. §  (9) Bar a person from obtaining a license or permit issued by an agency. §  (10) Revoke the registration of a person registered as a lobbyist under IC 4-2-8. §  (11) Bar a person from future lobbying activity with a state officer or agency. NOTE: The statement of policy in the statutory section on the Maine Civil Service System, Bureau of Human Resources mentions a general interest in having a government free from nepotism, but it is not clear that the provision would establish any particular legal restriction or duty regarding legislators or other public officials. Me. Rev. Stat. tit. 5, § 7031. It shall further be unlawful for any person or any member of any board, bureau, or commission or employee of any department of this state or any political subdivision thereof to enter into any agreement or any promise with other persons or any members of any boards, bureaus, or commissions or employees of any department of this state or any of its political subdivisions thereof to appoint to any position of trust or emolument any person or persons related to them or connected with them by consanguinity within the fourth degree or by affinity within the second degree. Mont. Code Ann. § 2-2-303. Violation of the nepotism laws are punishable as misdemeanors, with a fine of between $50 and $1,000, imprisonment for no more than 6 months, or both. Mont. Code Ann. § 2-2-304. Employment or recommendation of a family member permitted by political subdivisions, with disclosure and approval. Neb. Rev. Stat. Ann. § 49-1499.04. A person employed contrary to the provisions of this section must not be compensated for the employment. Any person violating any provisions of this section is guilty of a gross misdemeanor. Nev. Rev. Stat. Ann. § 281.210. Gross misdemeanors are punishable by a jail term of not more than 364 days or a fine not to exceed $2,000, or both. Nev. Rev. Stat. Ann. § 193.140. No person so unlawfully employed shall be paid or receive any compensation from public funds, and such employment shall be null and void, and the person or persons giving such employment, together with his or their bondsmen, shall be liable for any and all moneys so unlawfully paid out. N.M. Stat. Ann. § 10-1-11. Department of Administrative Services Directive No. HR-D-02 established a statewide nepotism policy that applies to legislators. Legislators shall not employ or supervise any person closely related. Penalty is a misdemeanor, punishable by a fine of at least $100 but no more than $1,000 and forfeiture of office. Okla. Stat. Ann. tit. 21, § 485. “Family member” means an individual who is: the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, or grandchild; a member of the individual’s immediate family. S.C. Code Ann. § 8-13-100. §  (7) an appointment or employment of a person by a municipality that has a population of less than 200; or §  (8) an appointment of an election clerk who is not related in the first degree by consanguinity or affinity to an elected official of the authority that appoints the election judges for that election. Exceptions: (from Utah Code Ann. § 52-3-1) §  (i) the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of compliance with civil service laws or regulations, or merit system laws or regulations; §  (ii) the appointee will be compensated from funds designated for vocational training; §  (iii) the appointee will be employed for a period of 12 weeks or less; §  (iv) the appointee is a volunteer as defined by the employing entity; or §  (v) the chief administrative officer determines that the appointee is the only or best person available, qualified, or eligible for the position. No public officer may directly supervise an appointee who is a relative or household member when the salary, wages, pay, or compensation of the relative will be paid from public funds, except as follows: (from Utah Code Ann. § 52-3-1) §  (i) the appointee was appointed or employed before the public officer assumed his position, if the appointee’s appointment did not violate the provisions of this chapter in effect at the time of his appointment; §  (ii) the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations; §  (iii) the appointee will be compensated from funds designated for vocational training; §  (iv) the appointee will be employed for a period of 12 weeks or less; §  (v) the appointee is a volunteer as defined by the employing entity; §  (vi) the appointee is the only person available, qualified, or eligible for the position; or §  (vii) the chief administrative officer determines that the public officer is the only person available or best qualified to perform supervisory functions for the appointee. When a public officer supervises a relative/household employee: (i) the public officer shall make a complete written disclosure of the relationship to the chief administrative officer of the agency or institution; and (ii) the public officer who exercises authority over a relative may not evaluate the relative’s job performance or recommend salary increases for the relative. Utah Code Ann. § 52-3-1. No appointee may accept or retain employment if he is paid from public funds, and he is under the direct supervision of a relative or household member, except as follows: (from Utah Code Ann. § 52-3-1) §  (a) the relative/household member was appointed or employed before the public officer assumed his position, if the appointment did not violate the provisions of this chapter in effect at the time of his appointment; §  (b) the appointee was or is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of his compliance with civil service laws or regulations, or merit system laws or regulations; §  (c) the appointee is the only person available, qualified, or eligible for the position; §  (d) the appointee is compensated from funds designated for vocational training; §  (e) the appointee is employed for a period of 12 weeks or less; §  (f) the appointee is a volunteer as defined by the employing entity; or §  (g) the chief administrative officer has determined that the appointee’s relative is the only person available or qualified to supervise the appointee. Each day any such person is retained in office by any of said officials shall be regarded as a separate offense. Utah Code Ann. § 52-3-2. Any person violating any of the provisions of this chapter is guilty of a misdemeanor. Utah Code Ann. § 52-3-3. Penalties may include removal or disqualification from office, fines, and a term of imprisonment. Utah Code Ann. § 76-3-201. Penalty is a misdemeanor punishable by a fine of not more than $1,000 and removal from office. Wyo. Stat. Ann. § 9-13-109. “Family member” means an individual: (A) Who is the spouse, parent, sibling, child, grandparent or grandchild; or (B) Is a member of the individual’s household. Wyo. Stat. Ann. § 9-13-102. "
How To Obtain A Criminal Background Check In Pennsylvania,"Most Pennsylvania criminal background checks are public record. This means information is accessible to anyone who knows how to search for it online or request it by mail. As is the case in all other states, however, juvenile records and officially sealed records can only be accessed by a court order.  Prospective employers, as well as private citizens, may wish to perform a background check on people for a variety of reasons. Employers will obviously want to use the information on a person’s criminal history to assess whether or not they may be trusted to perform job duties and whether or not an applicant is suited to work with the general public.  This is especially true if a prospect may be asked to work around large sums of money or other valuable items. Also, if a person is working around vulnerable populations– such as elderly people or young children– a criminal background check is not only required by law but makes for good sense when assessing whether or not a person can be trusted not to harm or in any way take advantage of others in their care.    Adults wishing to volunteer with certain non-profit organizations may also have to undergo a criminal background check. As is the case with employers mentioned above, volunteers may also have access to valuable items, sensitive data, or may engage with vulnerable populations. For these reasons and others, it may be necessary for an organization to perform a background check to safeguard the organization and the public.   Increasingly, private citizens are also seeking background information on people they encounter in their personal lives. It is not uncommon for people to search for information on the criminal history of domestic workers, romantic partners, or even prospective business partners. Pretty much anyone can order a PA criminal background check on another person whenever they feel the need to do so.   Those wishing to adopt a child in the state of Pennsylvania must also submit to a criminal background check. Such will be ordered by the court presiding over the adoption before the matter is concluded. Along with a state background check, a full investigation of each adult who is involved in a child’s adoption will also ensue.  This includes checking for criminal histories that may exist in other states, as well as federal background checks for those petitioning to adopt. A background check may also be requested for other adults living in the home where the child may live if an adoption is granted. Such thorough criminal background checks are necessary to ensure the future safety and well-being of a child being adopted by a new family.   State background checks may also be performed by government agencies located anywhere in the United States. For example, a PA criminal background check may be performed in determining whether or not a person will be granted a travel visa. A person’s criminal history may also be considered during a foreign citizen’s immigration process.   Whether performing a background check in Pennsylvania online or by mail-in request, the following information will need to be supplied in order for a search to be performed: In addition to information being requested on an individual subject, the person requesting a criminal history must also supply their own name, address, telephone number, and the reason why they are requesting a PA criminal background check on another person.    A unique online portal known as the PATCH system (Pennsylvania Access To Criminal History), is available to the general public. If a person has a criminal history in the state, a record of such is stored in a central repository, which PATCH searches each time an online request is made.  If a person’s information does not match anything in the repository, the requestor is immediately notified that no criminal history exists for that subject.  However, if the information entered into the system by the requestor matches any information stored in the state repository, the request will net a “Request Under Review” response, which can take up to two weeks to be completed. Within that time, a manual search of a person’s criminal history is performed.  Upon completion, if the person does have a criminal record, that information will be reported to the requestor online and can be printed, if necessary. If it turns out that, under closer review, the person does not have a criminal record in the state of Pennsylvania, the requestor will be notified of such.  If a certified copy of a person’s record is needed, that can also be obtained by following the online instructions available within the PATCH system. Copies of certified records can also be printed upon request.   The process of obtaining a PA criminal background check by mail is essentially the same as the online process previously described. While the request is initiated by mail, the information supplied requires a manual search of the state’s repository.  To obtain a background check by mail, a person must first download the appropriate form on the state police website. As of this writing, there are three separate forms a person may choose from:  Whereas an online records search may take up to two weeks to be completed (in cases where information provided matches information in the state’s central database), a search by mail may take up to four weeks for a full search to be completed.   When a volunteer or an employee will be working with or around children, an additional child abuse clearance may be required before that person is hired. In these cases, a clearance can be ordered online or in person by following the instructions provided on the Pennsylvania Department of Human Services’ Office of Children Youth and Families website.   Currently, the fee for a standard request is $22.00 U.S. Dollars. A request for an Access and Review criminal background check is $20.00 U.S. Dollars. Non-profit groups and organizations requesting a criminal background check on a volunteer are not charged a fee as of this writing.  None of these fees includes the cost of obtaining notarized copies of a person’s criminal background, when necessary.  Online requests may be paid through PATCH by credit card. Information requested by mail-in form, must be paid by money order. The Pennsylvania State Police Department does not accept personal checks or cash for criminal background searches. The cost of checking another person’s criminal background in the state of Pennsylvania may change over time and so it is best to contact the Pennsylvania State Police or visit their website for the exact fees.   Occasionally, obtaining information on a person’s criminal history may be a bit more difficult. It is not uncommon for criminals to attempt to hide their past in order to deceive others. They may do so by using an alias, lying about their actual birth date, or any other way they can shield their true identity and make it difficult for a PA criminal background check to be performed. When this happens, it may be necessary to hire a private investigator who specializes in digging into a person’s past through alternate means. Such an investigation may involve activities such as covertly following a person to verify where they live, obtaining a person’s fingerprints or other DNA samples in order to verify their true identity, and questioning people closely associated with the person, such as family members, neighbors, and co-workers.  As this can be a very complicated and even dangerous way of obtaining information necessary to perform a more thorough criminal background check, it is strongly advised that an experienced professional is hired to perform such tasks. The cost for a more in-depth investigation will vary depending upon the agency or individual hired and the length of time it takes to uncover the information necessary for a full background check.   It should be noted that performing a PA criminal background check will only return results for the state of Pennsylvania. Separate background checks must be performed to determine whether or not a person has a criminal history in another state. Federal background checks are also entirely separate.  The processes involved in checking a person’s criminal history in other states and with federal bureaus may differ from the system made available in Pennsylvania. Federal background checks are the most thorough criminal searches available. These are commonly used in employment situations and, of course, by law enforcement officials. Federal background checks are also required by law for any persons who will be engaging with or working in close proximity to children. Most nursing homes, hospitals, and other caretaking jobs will also require a federal background check.  Fees for a federal background check or record searches in other states are totally separate from any fees associated with a PA criminal background check.   Knowing precisely how to obtain a PA criminal background check can streamline the process while saving a person time and money. Researching a person’s criminal background may also help in determining whether that individual is suitable for employment, future business dealings, or even romantic partnerships. As we live in an information age, access to a person’s history is often right at our fingertips and can even be done from home once an individual knows what to look for and where to find such information.  For more on how to perform a PA criminal background check, please visit our article archives.  "
How To Check If A Number Is On The Do Not Call List,"Telemarketing calls are nothing new, but many people still receive them on a daily basis. If you do not recognize a phone number calling you, there is a good chance it is an unwarranted sales call. And while there are call-blocking apps and built-in tools on your phone that you can use to ward off sales calls, the easiest way to make sure you stop getting telemarketing calls is to simply add your phone number to the Do Not Call Registry. This is a free service provided by the Federal Trade Commission that puts your phone number on a list that telemarketers are not allowed to call. But what if you’ve added your information to the list and you’re still receiving those pesky calls? Let’s dig into the details and how to check if your number is on the do not call list once you’ve registered. Adding your phone number to the Do Not Call Registry is a simple, one-step process. If you have yet to do so, call 1-888-382-1222 or visit donotcall.gov, click “Register Your Phone,” and provide them with your number and email address. You will receive an email to complete your registration within a few days. From there, your number will be added to the DNC list by the following day. Within a month, the number of phone calls you receive from telemarketers should dramatically decrease. However, we are often asked if there is a way to confirm that your phone number is on the Do Not Call Registry. Perhaps you are still receiving unwanted calls, or you are not sure your registration went through in the first place. To get peace of mind about your registration status, you’ll want to visit the same website you did when you originally registered, donotcall.gov. Once you’ve pulled up the National Do Not Call Registry website, select “Verify Your Registration.” You’ll need to re-enter your phone number and email address. If you registered multiple phone numbers, you can check them all of the same time (up to three). Shortly after submitting your information, you will receive an email that will verify if your number is on the list and the exact day you were registered. This information may be able to help you track at which point the telemarketing calls slowed down, if at all. If the number of unwanted calls did not decrease after the verified registration date, it may not be telemarketers’ phone numbers that you need to worry about (more on that in a bit). Phone numbers stay on the National Do Not Call Registry indefinitely. You can request that your phone number is taken off the call registry. The only other reason a number may be removed from the registry is if the phone line is deactivated. If you have registered for the National Do Not Call Registry, you probably expected all those random calls to stop coming in. However, what many people do not realize is that many unwarranted calls are not from telemarketers. Instead, they are from spammers. Through the Telemarketing Sales Rule, the National Do Not Call Registry was created to help stop telemarketers from cold calling strangers. It is illegal for them to do so if the person receiving the call has not granted the telemarketer permission to give them a sales call, which is where the registry comes in. By law, telemarketers must abide by the DNC list, which is only effective to a certain extent. Why? Well, telemarketers are not considered spammers because they work for legitimate businesses. Spammers, however, cannot be monitored as closely because they are working outside of the law. They are not running legitimate businesses that care about the legalities of the FTC’s registry, meaning spammers choose to ignore it and call you anyway. Keep in mind, it is still completely legal for organizations to reach out to you for the following purposes: Still receiving unwanted calls? You can report it to the FTC to help them keep track of where these calls are coming from. However, if you want to completely stop scammers and robocalls, you may need to take additional steps, such as downloading a mobile app on your phone. There are various paid and free apps to help detect spam calls and turn them away before they get a chance to go through. To learn more about protecting yourself from spam, check out How To Report A Scammer To The Police. "
How To Report A Scammer To The Police,"If you’ve ever been scammed, you may feel hopeless. Scam artists have many tactics up their sleeves, from selling counterfeit goods to stealing your information online. Sadly, the majority of people have found themselves on the receiving end of a scam, unsure about how to find justice. But fortunately, there are ways you can fight back, including reporting the incident to the police. In this guide, we will discuss reporting a scammer to the police, as well as how to find justice through the Federal Trade Commission and Internet Crime Complaint Center. If you’ve been scammed, read on to find the right solution for you. If you have recently been scammed, take comfort in knowing that there are multiple resources out there to help. However, scammers come in all shapes and sizes, and reporting them may look different depending on the crime. If you’ve been scammed over the phone, the process of reporting it will look a bit different than if you have been scammed on a website or by a local scam artist. Regardless of the details of the crime, you will want to notify your bank immediately if a debit or credit card was used to make the fraudulent purchase. When you call, ask to speak to the fraud department. The fraud representative will ask you several questions about the scam, such as when it took place, how much money you have lost, and if you have noticed any other suspicious transactions that resemble fraud. Many banks will investigate on your behalf and reimburse you if they find the purchase was indeed a scam. Once you’ve notified your bank, you should reach out to the authorities to report the scam. For those who have experienced website scams or fraud via an online purchase, reach out to the Internet Crime Complaint Center at www.ic3.gov. This is a Federal Bureau of Investigations (FB) website. All you need to do to report the crime is provide the FBI with some basic information. Start by clicking “File a Complaint.” Then, proceed by clicking the IC3.gov button, which will take you to a page focused on internet crimes. If you believe the scammer has also stolen your identity, you can reach out to the Federal Trade Commission at 1-877-FTC-HELP or 1-877-ID-THEFT. They also have a place on their website, www.ftc.gov to file a consumer complaint or report identity theft. If you are unsure about where to direct your scam complaint, reach out to the FBI online or give them a call at (202) 324-3000. If you have fallen victim to a scam, your local police department should be able to help along with the resources mentioned above. It is generally best to file a police report on a scammer, reach out to your bank, and file a complaint with the appropriate federal agency as soon as possible after you have been scammed. To file a police report for a scam, you will need make a call to or visit the fraud division of your local police department. Make sure you are able to provide them with information about the incident, from bank statements to credit card charges, emails, and phone call history. If you have any information about the scammer, such as their physical appearance, the sound of their voice, phone number, or IP address, be prepared to share it with the authorities. Upon reaching out to the police, they will ask you for the information they need to file the report. Be sure to make a note of which officer files the report and their contact information in case you need to follow-up. Depending on what kind of scam has taken place, your local authorities may not be able to catch the scammer. In this case, they should be able to provide you with additional resources to help. Sometimes, your local police department will direct you to a state consumer protection office for scams related to banking, insurance, investments, and household utilities. There are a couple of avenues you can take if you are trying to get your money back after a scam. The most efficient way is to report scams immediately to your bank’s fraud department if you had money stolen from you on a credit or debit card. The FTC focuses on stopping businesses who use scams to make money. They also work to get customers refunds for any money lost from scams. If you file a report, the FTC cannot promise you will get your money back, but if there are enough scams from one company, they will make it a priority to shut them down and get customers their money back. "
How To Sue A Company,"There are many reasons why someone may want to sue a company, whether that is for a breach of contract, an injury, or another wrongdoing on the business’ behalf. The people that file suit against businesses are often employees, customers, or stakeholders who have been harmed in some way by the company. This harm can come in many forms, including physical, mental, or emotional, and each case is handled differently. Some cases are taken care of in small claims court, while some are settled entirely out of court. If you are considering suing someone at a company – or the business itself – you likely have many questions. In this guide, we will discuss the basics of suing a business, as well as other options to consider if you aren’t ready to go to court. If you have been harmed by a company, you are able to file a lawsuit against them. However, before you get too far down the rabbit hole, take a moment to gather any proof you have that the company harmed you. These can be photos, emails, witnesses, medical records, or contracts. It is recommended that you write down any details you remember from the situation before you forget, as you may need to share these with an attorney and judge later. Once you have gathered evidence and taken notes about the wrongdoing, you can file a complaint with the court in your jurisdiction. To do so, you will typically just have to fill out a form that outlines who is filing a complaint against who, and for what reason. In some jurisdictions, you will send a demand letter at this stage, which tells the defendant and the court what kind of compensation you are hoping to gain from the case. Upon being notified about the complaint, some companies may try to settle with you outside of court, which can be a solid option for you if you do not want to have to worry about all of the fees that go along with a lawsuit and hiring an attorney. To proceed with filing a civil claim against the defendant, you will need to register through the local court and schedule a court date. However, it is important to keep in mind that once you file a complaint, a business will want to protect their reputation just as much as their money. You must be prepared for the business to fight back, which is why it is so crucial to have evidence against them. If you go to court over the dispute, it will be considered a civil lawsuit. A civil lawsuit takes place when a defendant has caused harm or damage to the plaintiff. Civil cases cover many of the wrongdoings that are not considered criminal cases, whether that is a wrongful termination at work, a breach of contract between an employer and employee, or a bodily injury from a product defect. Note: You will also want to notify your insurance if you have been harmed by an organization. They will typically be able to help you when it comes to collecting damages. What about Small Claims Court? If you are seeking damages under $1,000, you may go in front of small claims court to present your case. It is a relatively cheap forum for minor disagreements and controversies. Plus, you may not need legal assistance in small claims case. You will just need to be prepared to pay some money for the filing and court fees. Going up against a business, especially a large one, may feel a bit intimidating. However, there are many reasons why individuals may be able to sue a business and win. Most often, those who sue corporations are employees, customers, or stakeholders. Other instances of someone suing a company may be if an employee of the business does harm to a bystander while on the job. So, on what grounds are you able to sue a business? Here’s a look at some common reasons individuals go up against a corporation: Wrongful termination – If you are a former employee of a company and believe you were fired for reasons that were not just, such as discrimination, you may have a case for wrongful termination. Breach of contract – There are several ways a breach of contract can happen. An employee may leave their job before their contract says they can. Or, an employer may go against terms laid out in a contract with an employee. Maybe you signed a lease with an apartment complex, and the property management company did not abide by the contract. Regardless, when terms of a contract are broken, you can sue a company. Injuries – If you are physically hurt while at work, or if an employee on the job does physical harm to you, you may be able to sue a business for bodily harm. This can also apply to customers using a business’ product that malfunctions and ends up injuring them. Harassment – Like injury, employees who are harassed, whether it’s physically, mentally, or sexually, can file a lawsuit against a business for related harm and damages. Malpractice – Patients and clients of care facilities can sue a business for malpractice if they believe the business acted negligently. Fabricated financial information – If shareholders for a company are provided with false information about the financial health of an organization, they can sue the organization. If a company has caused you harm, you may want to find legal assistance to help with your case. It is advisable to hire an attorney from the beginning because there are a lot of moving parts when you choose to sue someone at an organization, or the business themselves. If you are an employee (former or current) of the defendant, you will want to find an employment lawyer. There are attorneys who specialize in lawsuits from wrongful termination to harassment, discrimination, employment contracts, and more. If you’ve been physically hurt by an organization and/or one of its employees, you should find a personal injury lawyer. Organizations being sued, on the other hand, should look for a corporate litigation attorney. In most cases, the business is the entity that gets sued, but in certain situations, the owner or an employee of a business can be sued, as well. This kind of question is most often asked when it comes to bodily harm cases. For example, if someone is walking across the street at a crosswalk and a delivery truck hits the bystander, the company and the individual driving would most likely be at fault and could both be sued by the civilian. On the other hand, if an employee is working in a factory and one of the pieces of equipment malfunctions, causing the employee to be injured, the company would be at fault in most cases. Laws regarding these kinds of cases vary by state. In fact, if you work for a large company, you may not be able to sue them at all. Yes, you heard that right. The majority of Fortune 100 companies, as well as other large entities, will make employees sign a mandatory arbitration clause when they are hired so if a problem ever arises, it has to be handled in a private settlement rather than claims court. This is to protect the reputation of the organization, its employees, and its financials. Companies that use mandatory arbitration clauses are typically franchises or well-known organizations that would be highly scrutinized by the public if lawsuits were to arise. What about sole proprietorships? You can sue someone that owns their own business if it is not an LLC, but a sole proprietorship. This is because the person and the business are the same from a legal standpoint in a sole proprietorship; whereas, an LLC is an entity of its own and is separate from the owner of the business. If you are unsure how to proceed with a legal settlement or lawsuit, an attorney can provide you with advice on how to sue someone in an organization. Keep in mind, a lot of effort, resources, time, and money go into suing a business. There is never a guarantee that the plaintiff will win the case, either, so it is important to weigh your options before going to court. If you have a minor injury, it may not be worth it to you to file a lawsuit against a company because of how much money it costs to hire an attorney and pay court fees. If you are uncertain about whether or not to pursue a lawsuit, always talk to an attorney about your options. To learn more about business law, here’s a look at the 4 Questions To Ask Before Hiring a Business Lawyer. "
How To Fire An Employee The Right Way,"Firing an employee is one of the most challenging aspects of business, regardless of the situation. As an employer, preparing to deliver the bad news can feel overwhelming, especially if you have developed a close relationship with the employee. However, there are plenty of ways to make the difficult conversation go more smoothly, as well as ways to preserve a mutual respect between the employer and employee. This guide on how to fire an employee will cover the basic reasons why to fire an employee, how to prepare for a termination meeting, and ways to tell someone they are being fired. While the individual being fired may be at fault for their termination, it is the employer’s responsibility to make sure the termination is handled properly. Firing someone almost always has a ripple effect on the company, so ensuring you know the right way to fire an employee is critical for the health of your organization. If you are reading this article, it is likely because you and your team are contemplating firing someone. What is holding you back? Is it guilt or uncertainty? If you are unsure a termination is the right decision, consider some of the common reasons employers choose to follow through with firing a team member, below. If you plan to fire an employee, your reasoning should be fair, ethical, and of course – legal. Common reasons to terminate an employee include: Employment and termination laws vary by state, but many jurisdictions practice something called at-will employment. This allows both employees and employers to terminate a contract at any time, for any reason. While that may sound intimidating, it does not necessarily increase the odds of an employee being terminated. Rather, it allows for employers and employees to move on from one another if it is not a good fit. If there is an At-Will clause in a contract, the employer is not required to provide a warning to the employee before terminating their contract, just as the employee is not required to give a notice before quitting. However, even though it may be legal to fire someone without a warning, it is not a recommended practice by any means, especially if you care about your business’ reputation and company culture. Prior to firing an employee, it is a good idea to first share with them that they are not meeting expectations for their role. Be prepared, be professional, and be clear with your words. Then, the employer and employee can come up with a roadmap to improve performance, which is often called a Progress Improvement Plan (PIP). A Progress Improvement Plan is a set of steps that should be taken following a conversation with an employee about their poor performance. The purpose of a PIP is to provide thorough, clear communication to the employee so they know exactly where they are falling short and how they can improve. This offers them a chance to work through any issues or roadblocks they may be experiencing before consequences become more severe. It is best to start with a warning, typically a verbal one followed by a written one. The PIP should then outline the steps to improve performance, as well as weekly, monthly, or quarterly check-ins to touch base on progress. Another preventative best practice is to have company policies in place regarding behavior and attendance. When an employee is first hired, have them read the handbook that outlines the policies and make them sign it to confirm they have read it, understand it, and intend to follow it. This way, if an employee breaks a written policy, you can refer back to it in the PIP or during termination. Some policies outlined in the handbook may include what happens if an employee racks up too many absences. Another may focus on behavioral problems like not completing work or showing up late. Keep in mind, if the company is certain an employee will not improve in their role, a PIP is not necessary. This may be the case from time to time if a business hires someone without the proper experience and qualifications and they do not have the bandwidth to help the employee improve. Under-performing employees are often hired when there is a desperate need for help, which causes companies to rush the hiring process and overlook certain red flags. Firing an employee who should have never had the job to begin with is difficult, and the employer should take some responsibility for misplacing them. Employment contracts can feel like a blessing and a curse. If there is not an at-will clause in a contract, there is typically a section that details the terms of employment, like the time frame the worker must stay in their role, whether it is six months or two years. This section will also discuss when and how a worker can be terminated, which is extremely important for employers to abide by. Many contracts state that if a team member breaks certain policies, they can be terminated prior to the contract’s end date. If a worker does not break the terms laid out in their contract, however, they cannot be let go before they have worked for the amount of time stated in the agreement. Doing so can lead to a wrongful termination lawsuit, which can be more costly and stressful than waiting for the contract to expire. If your team has decided to let go of an employee, you will need to prepare for and schedule a termination meeting. This meeting should take place in a private room where you work. If you work remotely, a closed-off room in a co-working space will do, and if there is no way of meeting in person, a video call should be the last resort. Regardless, the meeting needs to be face-to-face for the best possible outcome. Send a meeting invite in the same format you would typically do so, whether that is through an email or Google Calendar invite. Keep the meeting title simple, like “John and Mark Meet-Up.” It is a good idea to send the invite close to the time of the meeting so the worker does not get overly anxious about it first. So, who should be the person to deliver the news? Experts say a direct manager or supervisor – someone who has worked closely with the individual and knows them on a personal level – should be the one to notify them about the termination. Along with the manager, it is recommended to have a human resources representative, another trustworthy employee, or your business’ lawyer in the meeting with you and the employee. This person will act as a buffer, providing support and answering questions. And from a legal standpoint, they will serve as a witness in a lawsuit if the termination escalates after-the-fact. No one expects a former employee to file suit against them, but it can happen, so you need to protect yourself and your company, and having a witness is one of the best ways to do so. Once you have notified the employee that you want to have a meeting with them in your office or conference room, they will likely have an idea something is going on. There is no exact science to what you should say when terminating employees. In some cases, employers will want to encourage the employee by telling them what their strengths are. In others, you may simply explain to them the reason for the termination and end the conversation there. It all comes down to what your working relationship was like. Regardless, just be direct, professional, and honest. Tell them exactly what you want to discuss, whether it is their performance, a broken policy, or a behavior problem. Explain what the team member did, whether it has been over time or a one-time occurrence, and that the team has decided to let them go. When you tell them, give the employee a moment of time to absorb the news. The bottom line is, you should make sure you are prepared for anything when you go to fire an employee. The employee may take the news well and thank you for all the company has done for them if there is a mutual respect. However, not all employees will take kindly to the news. It is common for an employee to get emotional, whether that is sad, shocked, anxious, or angry. While the employee’s behaviors are their responsibility, it is important for employers to show a level of empathy and compassion toward the terminated employee. After the termination meeting, you will need to notify other employees about the termination, so they know how this change will impact them. Inevitably, some workers may feel a sense of loss or disappointment over the termination. Some employees will wonder am I next? or how will this impact my workload? Both are fair questions and should be addressed head on before any rumors get started. Be direct with your team about the expectations you have for them on how they handle their team mate leaving. Maybe you encourage them not to speak poorly of the person or spend working hours discussing it. Or maybe it is best for your culture to have an open-ended conversation about it. Whatever the case may be, it is always best to be open and honest about how you’d like it to be handled. Also note that if you are not planning to fire anyone else, tell your employees. If you need team members to temporarily takeover the responsibilities of the terminated employee, clearly communicate your expectations. Answer questions openly and honestly to prevent unnecessary drama and ease their minds. It can be difficult to navigate work life immediately following a firing, but things will go back to business as usual fairly quickly. To learn more about employment and labor law, check out our guide to How To Sue For Wrongful Termination. "
How To Find Out If Someone Is Married,"Knowing how to find out if someone is married can save time, money, and heartache. This information is crucial for single people who are dating but can also be useful for things like locating people, filing personal lawsuits, or collecting on a debt. Whatever the reason why this information is needed, there are several different methods that can be employed. To anyone suspecting that a person is not being forthright about their marital status, it seems a straightforward solution to simply check with a local agency to find out if a marriage license exists. This solution isn’t always cut and dry, though. For example, what if the person was married in another state? How does one obtain information if the person was married in another country? Also, in some jurisdictions, a person must know both spouse’s names in order to access a record of marriage.  Complicating matters even further, states like California and Michigan allow marriage records to be shielded from the public through what’s known as “confidential” or “secret” marriages. This means that, without a judge’s intervention, a couple’s marriage license and certificate will not even appear to exist. Short of obtaining a court order, no amount of research or investigation can help with discovering these types of marriages.  For filings that aren’t top-secret, here’s how to find out if someone is married: Perhaps the easiest way to find out if someone is married is to hire an investigator who specializes in this type of research. Often, an experienced professional will have access to methods and databases that the average person may not. While there is no guarantee that this method will uncover the full truth, a well-trained and qualified expert will likely perform the best and most thorough investigation to try to find out if someone is married. A lot of information is available through public records and many of these records are accessible online. While a fee may be required, it is possible to find what you’re looking for through a good old-fashioned Internet search. Even if an official marriage record can’t be found, it may be possible to find useful clues like: There is a myriad of ways to find information on a person through online searches. While the Internet isn’t a surefire method of finding out if someone is married, it is a good place to begin researching. Even if a clear cut answer isn’t discovered, it is likely that some of the information found online, such as a possible spouse’s full name, can be useful to a more in-depth search. Depending on the jurisdiction and dates of marriage, some information may not be accessed digitally. In such cases, a trip to a local court or clerk’s office may be required. This method only helps, however, when the county where a person was married is known and all of the information that the office requires is available in order to perform a full marriage search. Word of mouth can be a good way to learn about someone’s personal life. A person’s co-workers, friends, family members, and others may inadvertently give information about their marital status. If you happen to socialize with anyone close to your subject, listen for clues indicating the presence of a spouse and ask questions as they may naturally arise.  People will often tell partial truths. For example, a person in a dating relationship may admit to being previously married. What some may purposely omit, however, is that they were never granted a divorce decree. Reasons for this may vary, but one reason that cannot be ignored is that they are still very much involved in a marital relationship with their spouse. Some who are anxious to start a new relationship may admit to being married, but will say they are separated or very close to finalizing a divorce. There are women and men who are satisfied with this explanation and who will proceed with a relationship despite the loose ends involved. For others, actual proof is needed. In these cases, it is a good idea to outright ask to see the paperwork. Though this method is no guarantee that a person will actually become single, it is one way of determining if a separation is actually legal or if a divorce has actually been filed.  Be aware that this method may lead to more questions, however. For example, has the other spouse been informed of a divorce filing? Though rare, there have been cases where people file a divorce petition and even complete the entire legal process without their spouse even knowing a divorce decree has been granted. Such involves forgery and a lot of lies, but it happens.  Many prefer to simply take a dating partner’s word about their marital status. Such is a fair choice where an open and honest conversation may be all it takes to determine whether or not someone is married. Others, however, may choose to dig a little deeper to find satisfactory evidence. This approach is also understandable since not everyone’s word can be trusted. Moral standards and values aside, there are a number of reasons one may want to be absolutely certain about a person’s marital status. A few reasons include: Avoiding immigration fraud – It is not uncommon for a foreign-born person to marry a native-born person in an effort to gain citizenship. Unfortunately, some native citizens have discovered their new spouse is already married to someone else in her or his home country. When this happens, the native-born person may be asked to prove that they didn’t know about the previous marriage. If unable to do so, legal punishments relating to bigamy, including fines and jail time, may ensue. Avoiding financial ruin – Some scammers specialize in marrying for profit. Many will temporarily settle in various locations for the sole purpose of finding a new victim to marry, gain access to credit and banking accounts, and proceed to take financial advantage of a person before moving on to another victim.  Not conceiving a child with an untrustworthy person – Mistakenly dating someone else’s spouse can potentially doom a new relationship. Starting a family with an already married person can also create a host of even more complicated feelings and situations. This is precisely what happened to Mischele Lewis of New Jersey who married a man already married to someone else. Her “husband”, William Allen Jordan, had several aliases and had already served time for bigamy and other crimes in the past. Ms. Lewis, of course, knew nothing of his previous lives, including as many as 13 children by six other women who’d been duped by him. Upon learning she’d been taken in by a con man, Lewis was already pregnant herself.  If you suspect a person isn’t being one-hundred percent honest with you, you’re probably right. Paying attention to your suspicions may be the best source of protection you have against being bamboozled by a cheater. If things a person says or does makes you distrust them, you owe it to yourself to trust yourself! In doing so, you may want to hold off becoming too deeply involved with this person. At the very least, it’s a good idea to keep your credit and finances separate, maintain a separate residence from them, not agree to become engaged or married, and not agree to start a family with this person until you’ve waged a full and thorough investigation. Since there is no one to find out if someone is married, it is likely that several of these methods will have to be employed before the truth can be determined. Through investigation, common sense, and paying close attention to details, there is a good chance that an ordinary person can figure out if someone is married. For those dating a person they thought was single, discovering a lie may be hard to bear, but doing so is important for legal protection, as well as for one’s own financial and emotional well-being. For more information on how to find out if someone is married, background checks, and other useful legal articles, please visit our archives. "
How To Find Out Who Owns A Property,"There are many reasons someone may be curious about who owns a property. Maybe you have spotted a home that you would love to purchase, so you want to reach out to the current owner to see if they are open to selling it. Or, maybe you are looking to open a business and need a space to rent; you’ll need to know who the property owner is in order to share your interest in opening up a shop in their building. In other situations, there is no building being scouted – finding the property owner is all about the land. A city representative may be interested in building a commercial facility in a rural area, or a developer may have their sights set on an up-and-coming area. In either case, finding the owner of the property is necessary. In this article, we will discuss how to find out who owns a property in a residential area, as well as how to find a commercial property owner. Regardless of why you are searching, finding a property owner has never been easier. There are resources online that house public records and databases with all of the information you are looking for. From tax records to your county’s Assessor’s Office and the Registry of Deeds, you will have no problem hunting down the name of the person who owns the property you are interested in. The following section will focus primarily on how to find out who owns a residential property with the help of online records. There is a County Assessor in every county who is in charge of determining the market value of the properties in their jurisdiction. The County Assessor’s Office typically has a website feature that allows anyone to search for tax records and property information, as long as you have the address of the property. Typically, you will want to look for the Property Record Card Search if you have a property address or parcel number. You can also use the Public Access Tax Information research feature for the property if you have a: If you are unable to find these features, simply type your county + “Assessor’s Office property search” into your search engine. Keep in mind, the County Assessor is also called the County’s Property Appraiser in some areas. Searching the Registry of Deeds is a similar process to looking up tax records to find a property owner on the Assessor’s Office website. Simply look for the feature that says “property search” and enter the address of the property. The latest deed will tell you who owns the house now, and who owned it prior to the current owner. In addition to searching public records from the Assessor’s Office and Registry of Deeds, there are multiple online databases you can use to find out who owns a property. Simply do a Google search with “property owner records.” Some of these resources include Reonomy, NETR Online, and Property Shark. All you need is the address of the property, and you can usually find out basic information about the current owner. Keep in mind, some of these websites may charge a fee to search through their database.  If you are unable to find out who owns a property with the resources mentioned above, there are a few more old-school methods you can try. If you know the address of the property, you can always send them a letter or postcard in the mail. It is best to address the letter to them, rather than slipping it in their mailbox to ensure it lands in the right hands and is taken seriously. Simply introduce yourself and explain to the property owner why you are interested in knowing more about the building or plot of land. Leave your contact information (email and phone number) so they have a way of replying if they are interested in keeping the conversation going. Another way to find out who owns a property is by asking neighbors. This typically works best if you already know someone who lives by and would likely have a connection with the property owner. You can keep the conversation casual at first, but be sure to ask the neighbor to formally introduce you. If you are still not able to find the property owner with the aforementioned resources, you might consider hiring a private investigator (PI) if obtaining answers is extremely important to you. Private investigators often have an expensive hourly rate, so this method is much more expensive than doing a simple online search. However, you will be able to find out much more information with the assistance of a PI. What is PUBLIC PROPERTY? If you are looking to find out who owns a property, the first step is to obtain the address. However, there are situations where finding an address is not possible. In this case, you should use something called a parcel number to find the property owner. Both an address and a parcel number are kept on file by the Assessor’s Office for all properties. These identifiers are used to look up information about a property like property lines, property tax, and deeds. So, how do you find a property’s parcel number? The Assessor’s Office has Parcel Maps that map out every lot in a city or township. You can usually view these maps online on the Assessor’s Office website. If you know the specific neighborhood or road the property is on, you should be able to find it on the map. Parcel numbers can be formatted differently in different jurisdictions, so be sure to ask the Assessor’s Office how to read the parcel map if you are confused.  The most common reason people will look for a property owner is to find out more information about a residential space or lot. However, there are reasons you might want to search for the owner of a commercial property, too. For instance, commercial real estate agents are always on the lookout for commercial properties to show their clients. They need to have a constant stream of available spaces that are ready to be leased or bought out. So, if there’s a property the realtor is interested in showing a client but it isn’t on the market, they may have to do some digging to see if the property owner is willing to sell or rent their space. Once you discover who owns a building or space, be sure to keep track of property owners in a database for future reference. Business owners may also want to find property owners if they are looking for a home for their business. Or, maybe they are curious about the cost to rent or buy in a certain area and want to chat with a nearby property owner to get a better idea of the price. Whatever the reason is for finding a property owner, you can do so by following the same steps mentioned above. Reach out to the Assessor’s Office, look through an online database, or simply visit send a message to the business if they are still open. To learn more about property law, check out How To Locate My Property Lines. "
How To Find Out If Someone Died,"Knowing how to find out if someone died may come in handy someday. Certainly, asking a person’s closest relatives is the most tried and true method. Doing so can also be one of the most awkward ways of discovering the truth. There are other ways to find out if someone died which may be preferred by those who don’t want to outright ask others. Some of these ways include online research, checking government records, searching genealogy databases, and scouring newspapers in the person’s hometown. In some cases, a combination of these methods may be used to find out if someone died. Before trying to determine whether or not someone has died, a little background information will be necessary. This includes: The person’s full name – This should include any aliases a person may have used, as well as their name given at birth and any names acquired through marriage. Knowing the exact spelling of the person’s name is helpful, but be prepared to research alternate spellings, too. This would include nicknames and shortened names a person may have commonly used. Finding out the person’s full legal name may also be of assistance as many people who have middle names may also use them in place of a first name. For example, Jane Monique Doe may be known to some simply as Monique Doe. The person’s date of birth – Cross-referencing a person’s name with their exact date of birth may be necessary to determine whether or not information on the right person has been discovered. While several people may have the same name, the chances of more than one person also having the same date of birth is less common and may tremendously narrow search results. This is particularly important if multiple people in the same family have the same name. The person’s last known location – A general sense of the last state, city or town the person lived in will help in knowing where to search for information. If the person was known to move around a lot for work or other reasons, it may be difficult to know exactly where their most recent location was. Having this information, however, is important for anyone looking for the most accurate results.  How to Transfer a Car Title When The Owner Is Deceased Flat out asking a person’s family members and others close to a person is the most direct, surefire way of finding out if someone died. A word of caution with this approach, however, is that it may stir up sad or other negative emotions. Using this approach requires a certain amount of tact and sensitivity. It also requires taking an assessment of one’s own relationship to the person who is possibly deceased. For example, if the person asking is a former friend, the question as to whether or not a person is still alive may be met with compassion if they are not. Conversely, if the person was not on good terms with a person who is now deceased, a range of other emotions may be triggered by questions about whether or not a person has died. Without directly asking a person’s loved ones, there are other ways to find out if someone died. Some of these methods include: A vital records search – Armed with information about a person’s last known residence, it is possible to check with local governing agencies to determine whether a death certificate has been filed for a person. Typically, records like this are kept at a local courthouse or clerk’s office. In some areas, this information may be accessible to the public online for a fee. Searching genealogical records – Increasingly more people are interested in learning about their forebears. This information is often achieved through genealogical research, much of which is published digitally through membership websites dedicated to family research. In some cities, public library cardholders can access this information at local libraries. For people who worked in the United States, the Social Security Death Index may have a record of their demise. Other corporate-owned and operated databases may also be useful. However the information is accessed, many people have found birth and death information by using this valuable method. Visit Relevant Websites – Knowing where a person worked, where they attended school, what charitable organizations they were affiliated with, or even which church they attended can be quite useful when trying to find out if someone died. Often, these organizations will publish information about a person’s passing directly on their website or in a newsletter distributed to other members. When using this method, including websites that may be relevant to people close to them. For example, an association close to the parent or a spouse of the person being investigated may also publish condolences. Reading social media posts – Friends and family members often post information about a loved one’s death on social media sites. Sometimes, knowing the name of just a single friend or family member may be all that is needed to connect to a larger network of people who know the person being investigated. Searching for an obituary – Websites like Legacy.com specialize in publishing obituaries online. By inputting a person’s full name while searching by state and city, it may be possible to find out if someone died.  Searching For a Burial Site – In addition to being able to search for obituaries online, people can also search for where a person’s body is buried. A search like this isn’t the greatest for uncovering information about a person recently deceased, as most entries are user-submitted and may take some time to make their way to a particular database. For those who may have passed away many months or years prior to a search, however, this type of search may prove to be invaluable. Checking local newspapers – Obituaries are not only published online. Many are still published in local newspapers. Death notices are also routinely published in local press outlets, as are funeral announcements. When using this research method, do note that online and print editions may differ, so it is always a good idea to check both mediums.  Most people prefer to do their own sleuthing to find out if someone died. For others, time may be of the essence or other matters may be too pressing to rely on the methods already discussed. In these cases, it may be a good idea to hire a special investigator. Often, professionals have access to people and databases the general public simply does not. While there is a higher cost associated with hiring someone to perform this task, many professional investigators don’t need more than a couple of days –or even a couple of hours –to uncover the information being sought.     A location-based search is a little different if it is suspected a person died in another country. For one, depending on the country, that information may not be available to the public, it may not be available online, or even easily researched in-person. If the person believed to be deceased was a citizen of the United States, there is a possibility that information may be available through the National Archives. If the person was an active member of the United States military, that information may not be available through the National Archives. Instead, people inquiring about active military deaths may want to check with the U.S. Department of Defense.  In a quest to find out if someone died, many tools are available and the final answer may rely on combining more than one of them. Most of the ideas presented in this article will only give general information and are unlikely to reveal details on how a person died (if it is the case that they’ve already passed on). Some, such as church and newspaper announcements, however, may supply information about a person’s exact cause of death. By using every available resource, it is possible to find out if someone died. Patience, a keen eye for detail, and time are most necessary in any investigative process and the same is true in determining whether a person is alive or not. For more information on how to find out if someone died, or on how to locate a missing person, as well as other related topics, please visit our article archives. Where life was once simple, it is now complex.  It is an unfortunate condition of our world in that some people will take every advantage, legal and illegal, to make their lives easier and better at the cost of destroying or using someone else’s life to do so.  It has become an everyday, common situation where everyone must take extraordinary steps to keep one’s self, family, and work safe.  People will use a dead person’s social security number to gain government benefits or more if possible.  Each individual needs to be aware of the threat and at times take necessary precautions or legal actions.  One of the ways to do this is to check if a social security number used is real or a dead person’s number.  Apparently the Social Security Administration does not or cannot correlate the fact that a dead person’s number is being used, even if the number is queried. Searching for a death record in the Social Security Administration database (SSDMF) is not free.  Most queries are by entities that want to insure that a social security number being used is not being used fraudulently, belonging to a person who has deceased.  As of October 15, 2012, the prices, or subscriptions for queries are as follows: 1 query            $10      $10 per query 5 queries          $40      $8 per query 25 queries        $150    $6 per query 50 queries        $200    $4 per query 100 queries      $300    $3 per query While there are other databases available online that one can search and possibly pay less, the Social Security Administration (SSA) only endorses its own database as being correct and up to date. As with any search the more information one has to provide, the better and more precise will the search be.  Social security number with full name including middle initial, full address, even residential phone number will all help in finding and confirming the stored information.  As with any search of this type, confirm as much of the returned info against others sources, hopefully not sources that are online.  One example would be if the user of the number were of one race and the info from the database returns the fact that the stated ethnic background of the filer was of a definite other race, it would potentially lead to other concerns and additional questions. One drawback of this “Death Master” file is that it can only tell an inquirer that a person with a specific social security number is listed as dead in this master file.  If there is no record of the person sought it is not a specific indication that the person being sought is actually alive.  At that point some correlation of information from a number of different databases would be necessary to try and draw a definitive conclusion.  If one person is using another’s identity and does not use credit cards or bank accounts or use one’s social security number, it is almost impossible to track such a person in this day and age of electronics.  Information is only as good as the data available. "
What Does Disposed Mean In A Court Case?,"When a case has been disposed, this means it has been closed. Specific reasons for a case being closed can include dismissal, conviction, admission of guilt, among other reasons. Once a case is officially over, it is removed from the court’s docket. This simply means there are no further dates for that matter scheduled on the court’s calendar. As a legal term, disposed cases can include any type of case ranging from small claims to more felony charges. While any party involved in a case may ask for it to be disposed, only a magistrate can decide if it will be and when. Parties to a case will be made aware through court documents and legal counselors as to whether a case has been disposed and why. This information is also easy to obtain by visiting a clerk’s office and reviewing the files relating to the case. There are a number of reasons why a court proceeding can be disposed, such as: When a court case is dismissed with prejudice it will not be reopened or retried. This means that a judge has decided, based on the merits of a case, it will not be examined by the court any further or ever again. Cases dismissed without prejudice may be reopened or new charges may be filed on the same grounds. It is common for cases to be disposed due to a lack of evidence, but a dismissal without prejudice means a judge provides an opportunity for the reexamination of a case in the event stronger evidence can be presented in the future. How much time is allowed for a case to be reopened may vary. It is best to consult an attorney if more specific information is needed. Cases may be reopened for other reasons, such as a party not paying as ordered in a prior ruling. Once a court has awarded a judgment in a case, it is disposed. No further court hearings are needed unless the losing party appeals the judgment. If the case is not appealed, all parties are expected to abide by the judgment in place. Should a party decide not to pay the judgment within the allotted time, the case may be reopened to bring it to the judge’s attention. Cases in which all parties are abiding by the judgment in place do not appear on the court’s docket again. Court cases are sometimes disposed due to a defendant pleading guilty. When this happens, there is no need to explore further evidence or hear additional testimony. Depending upon the type of case, a punishment will typically be in the form of financial compensation ordered to be paid to an injured party (known as a judgment.) There may be other fines, jail time, or probation. Cases disposed due to guilty pleas are subsequently removed from a court’s docket and no further hearings will be scheduled. A guilty verdict is handed down by a judge or a jury after evidence and testimony have been weighed during a trial. In both cases, evidence has been presented and all parties have been allowed the opportunity to give their version of events. Once a guilty verdict is reached, sentencing takes place and a case is disposed. After the evidence of a case has been weighed, a judge or a jury has decided a defendant is not guilty of the charges brought against them. Once this verdict is entered into the record, the case is disposed, and no further proceedings will take place. Other possible reasons for a case being disposed may include: A case that have been disposed will no longer be heard by a magistrate in the court where the case was originally filed. This does not necessarily mean that the case cannot be reopened, especially if new evidence is ever discovered. When cases have been dismissed due to lack of jurisdiction, it is common for new cases to be filed in another court. Much depends on how a case was disposed and the exact reasons why. The Fifth Amendment of the United States Constitution, however, ensures that a person cannot be tried twice for the same offense. So, when a case has been disposed after a trial has taken place and a verdict rendered, the exact same case cannot be reopened, or the same charges filed a second time. After a case has been disposed, a record of its proceedings still exists. In criminal cases, a defendant who was found guilty will always have a criminal record even after being sentenced and serving jail time. This fact can make it difficult for convicted felons to find suitable employment or an affordable place to live. Some may attempt to have a criminal record expunged or sealed after a case has been disposed. In some disposed cases, it may even be possible to have a felony conviction reduced to a misdemeanor. People convicted of a felony might be able to have their cases dismissed even after they’ve been disposed. This process is called expungement. Doing so typically requires an attorney’s assistance and can take time to accomplish, but it is possible. If an expungement is granted, a former felon generally does not have to disclose their conviction to the public, including most potential employers or landlords. In cases when a record cannot be expunged, some may be successful in having their conviction sealed. When this happens, it means that information about the crime and conviction is not accessible to the general public. Those who can’t get a record expunged or sealed can might be able to have a felony reduced to a misdemeanor. The ability to do so depends on the crime a person has been convicted of and the jurisdiction where the case against them was decided. This only happens with crimes known as ‘wobblers.’ Wobblers means they could have been charged with a misdemeanor or felony, but ultimately got charged with a felony. In general, “disposed” can be summed up as “case closed.” Whether the matter will be revisited depends largely on how it was closed and why. One can never assume that the disposition of a case means it is over for good – legal battles are not always so cut and dry. Through the appeals process, the introduction of new evidence, a party not cooperating with a judgment, or by possibly reopening a case in another court, it is entirely possible for disposed cases to require legal attention in the future. Gaining an understanding of legal parlance is critical when involved in a personal case. Reading detailed definitions of legal jargon, key terms, and concepts is an important first step. Should you need more information on why cases may be disposed, please check out our article archives. There you will find more detailed information on a variety of topics that may apply to you. If you need even more information or have specific questions about a legal case you are involved in, please consult with your legal counsel or speak to a qualified attorney in your area. "
Squatter’s Rights & Adverse Possession: What You Need To Know,"“Squatter’s rights” is a term used to describe the rights of people who have taken physical possession of a property they do not own. These same people, known as squatters, do not have the express permission of the property’s owner(s), but may still be awarded benefits under the law. Individuals who squat on property that is not theirs may eventually be allowed to make a legal claim on that property. Squatter’s rights covers a variety of different scenarios. Precise legal benefits and claims will differ according to the state where a property is located.   To settle on land without an owner’s permission has been known as squatting since the 1700s. Since the 1800s, it has been used to describe otherwise homeless people who squat in vacant structures. In many instances, squatting has become a way of acquiring legal title to land and buildings long considered to be abandoned. Today, the legal term for taking ownership by squatting is known as “adverse possession.”   At first glance, squatting on someone else’s real estate in an attempting to gain ownership sounds like outright theft or, at the very least, criminal trespassing. Courts, however, take this matter seriously and deem it to be perfectly legal under certain circumstances. Whenever a squatter makes a claim on a building or land, the courts will look for several identifying markers before determining if a claim is legitimate. A mnemonic useful in remembering these markers is CHOATE as each letter describes a way courts may determine a squatter’s rights to the real estate in question: It is worth noting that states have different timelines for a squatter seeking adverse possession. For example, in California a person must have continuously possessed a property and paid taxes on it for a period of five years before a claim to the property can be made. In Idaho, the considerable time frame is 20 years and taxes must also have been paid within that time. Courts do not always require one person to continuously possess a property either. In some instances, people may take turns possessing the property as long as they agree with one another that only one person will make the claim when the time to do so is allowed. This process is called tacking and courts generally recognize it as legal. When a court finds all these markers to be in place a deed to the property may be granted via adverse possession.   Yes, a property owner can protect against squatters in a number of ways. These include: The owners of unused property should secure that property against possible squatters. This is particularly sound advice for those who do not live in the same state as their property and who don’t have a relationship with people who may notify them of a possible squatter. Websites, articles, and forums that teach squatting explain that laws relating to adverse possession abound. It behooves property owners everywhere to be aware of this and secure unoccupied properties just in case.   Not all cases of squatter’s rights involve people trying to take control of an entire property. Oftentimes courts will have to sort disagreements over property lines which are not clear to the naked eye. Some may not realize that a neighbor’s driveway, fencing, or other structure has crossed property lines – though neighbors who have known one another for years may not care. Problems arise when a new owner purchases a properties and realizes that their neighbor has crossed a boundary and is possessing a portion of their property. Sometimes this will result in the tearing down of structures found to be encroaching on another’s property. In many cases, however, property lines are redrawn to reflect a new understanding of land boundaries between both owners.   Not all squatters are scam artists, but most are. Some simply see an opportunity in abandoned homes and, in many instances, take care of properties that would otherwise deteriorate and become eyesores. However, property owners should be aware of a common scam used by squatters who are not necessarily focused on taking ownership of a property. But they take up residence in vacant homes just the same. By doing so, owners are forced to legally evict these surprise tenants – a process that can take months. Basically, the scam starts with a person breaking into a vacant home, changing the existing door locks and then advertising the home for rent. Upon finding a renter, a scam artist drafts a phony rental agreement and gives the new tenant keys to a home they are now free to move into. Once the owner discovers a tenant on the premises, a legal eviction must take place before the tenant can be lawfully removed from the dwelling. Often, the scam artist and the tenant are in cahoots with one another, but this isn’t always the case. Opportunistic scammers will prey on innocent renters and take large sums of money from them in exchange for keys to a home they technically don’t have the legal right to rent. After doling cash out for a new rental – and the expenses associated with moving – scammed tenants may suffer considerable financial hardship after being evicted and forced to move again.   Should you want to read more about squatter’s rights or adverse possession, please visit our article archives. Contact a qualified attorney experienced squatter’s rights and similar civil cases if you have specific questions about squatting or about acquiring property through adverse possession. To find an affordable attorney in your area, you are welcome to use our directory of low-cost legal services now. Should you want to read more about squatter’s rights or adverse possession, please visit our article archives. Contact a qualified attorney experienced squatter’s rights and similar civil cases if you have specific questions about squatting or about acquiring property through adverse possession. To find an affordable attorney in your area, you are welcome to use our directory of low-cost legal services now. "
"The Difference Between Sexual Battery, Sexual Assault, & Rape","Sexual battery is non-consensual (IE: unwanted) contact with intimate parts of another person’s body. “Intimate parts” is a term that can mean a person’s genitals, anus, buttocks, or groin. If the person is a woman, the term can also include breasts. Sexual battery is always a crime. Depending upon the circumstances of a case, this crime is either a misdemeanor or a felony and may be punishable by jail time, a monetary fine, probation, or all the above. Laws pertaining to sexual crimes vary based on the state they were committed in. While the basic definition is the same, penalties and punishments differ. A victim’s age and the type of unwanted sexual contact may also have a bearing on a perpetrator’s sentencing if guilty verdict is rendered. Due to the nature of sexual crimes, additional charges like sexual assault and rape may be added to sexual battery. Each of these, by definition, can occur within the same incident – and often do. The similarities in these charges may cause some to become confused as to what the differences are. Some people may not even be aware that there is a difference between these crimes. It bears repeating here that state laws differ, but the following is a basic explanation of these three sexually-related crimes:   A sexual battery victim may have been fully clothed or naked at the time of the incident. What they were wearing – or not wearing – has no bearing on if a crime took place. Anytime a person is touched on an intimate body part in a sexual way, and the touching is not wanted, this is considered by law to be sexual battery. In some states, restraining a victim may also be included in the description of sexual battery.   Sexual assault can describe any number of sexual crimes ranging from unwanted groping to rape. Used as an umbrella term for these incidents, sexual assault is often used interchangeably with sexual battery. The two differ primarily in that sexual battery is a more specific charge.   Forcible rape is defined by the Uniform Crime Report as “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”   Historically, sexually-related charges were difficult to successfully prosecute in court due to antiquated and misinformed definitions. For example, prior to 2012, many courts took the position that only women could be raped. Some courts also operated under the opinion that forcible oral penetration or forcible penetration with a physical object did not constitute rape. In recent decades, many states have also abandoned the idea of “marital exemption” and have adopted, instead, the position that a spouse may also be accused and found guilty of the sexual assault or rape of their partner. Prior to 2012, many limited ideas about rape hadn’t been legally adjusted since 1927. Today, a lot more is understood about the nature of rape, sexual battery, and sexual assault.   Sexual battery, sexual assault, and rape can happen to anyone regardless of age or gender. With consent being a determining factor in most cases of adult victims, even sex workers may be victimized by these crimes if consent is not present. People of any age or gender may also be accused of such crimes. Children as young as six years old have been accused of sexual assault and, while most think of a perpetrator as being male, it should be noted that scores of women have also been accused of sexual crimes. In California, it is estimated that as many as one-third of all sexual assault victims are male.   Often, the touching involved in a sexual battery incident is done in a sexual way. This simply means the accused touched a person in a way that aroused the perpetrator or that the touching took place as the perpetrator was seeking some sort of sexual gratification from the act. Sometimes this may even include violent and other forms of sexual abuse, which may have been initiated by a perpetrator solely for that person’s arousal or search for sexual gratification.   It should be noted that consent always matters when it comes to accusations of sexual battery. The mere act of touching another person’s intimate areas is not a crime unless the person being touched does not want it to take place. Even if the person does not seem to resist the touching or does not verbalize the fact they do not want to be touched, express consent has not been given and the touching may still legally qualify as sexual battery. A person drunk from consuming alcohol or high on some substance cannot, by law, consent to a sexual act. Also, people who are permanently or even temporarily incapacitated cannot consent to any form of sexual contact.   Children can never consent to sexual contact of any sort, even if that contact is initiated by another child. Courts throughout the United States will not even question whether consent was obtained in cases involving children under a certain age. The exact age of consent varies by state, but it always pertains to teenagers. However, matters of consent for minors is only taken into consideration in statutory rape cases and when seeking to apply some form of a Romeo and Juliet law after a person has been charged.   In Florida, incidents that would be described elsewhere as rape or sexual assault are charged as sexual battery. Persons found guilty of sexual battery can receive a penalty of up to 30 years to life in prison. If the victim was a child under the age of 12 and the perpetrator was over the age of 18, this can lead to a capital sexual battery conviction and may be punishable by death. In California, felony sexual battery can lead to a conviction of up to 4 years in prison and a maximum fine of $10,000. As these two states make clear, there is no single punishment for sexual battery which is applied nationwide. Just as with most laws, states decide how to classify, prosecute, and punish sexually-related crimes.   Some sexual battery crimes are not a felony. For example, in California, depending on the circumstances involved, an incident of sexual battery may only qualify as a misdemeanor. A person convicted of such a crime in that state may still face a punishment of several months in jail, as well as a fine up to the amount of $2,000. To find out if sexual battery is a felony in a state, please contact an attorney or your local courts.   With good legal representation, it is possible to avoid a sexual battery conviction. Some of the more successful defenses require proof of: It is not uncommon for someone truly innocent of sexual battery to have charges dropped or reduced depending upon the circumstances of an individual case.   Laws concerning statutes of limitations may vary according to jurisdiction. In some states, the statute of limitations may be up to 10 years. In others, like California, a statute of limitations may not exist for sexually-related crimes occurring after January 1, 2017.   Sexual battery, sexual assault, and rape are serious, yet largely under-reported crimes. Anyone victimized by such a crime is advised to immediately make local law enforcement aware of the incident and take proper legal action to identify and charge the person responsible. People who have been accused of sexual battery should also immediately seek legal counsel from a reputable attorney experienced in defending individuals charged with sexual crimes. For more information on sexual battery and other sex crimes, please visit our article archives. "
What Is the Difference Between an Indictment and a Charge?,"An indictment is an early step in the process of charging someone for a crime. It does not mean the person is guilty, simply that the prosecutor thinks they are. To more clearly understand what an indictment is, it is necessary to also understand what a grand jury is and how the criminal process charge works. A grand jury is 16 to 23 impartial citizens that are selected to independently review the criminal incidents. Grand juries meet in private to investigate and conclude if formal charges should be filed against a person. If they believe that a criminal prosecution should ensue, an indictment is then issued. For an indictment to be issued, a prosecutor must convince at least 12 members of a grand jury that formal charges are warranted. It should be noted that during this review, the accused and their counsel are not generally present. Grand jury members are not required to examine anything other than what the prosecutor presents to them. Instead, members conduct their own investigations using their own methods without outside interference or court supervision. Grand juries should be viewed entirely separate from any governmental agency. An indictment and a charge are both steps used to move a criminal case toward a trial. The main difference is grand juries file indictments and prosecutors file charges. During a grand jury’s investigation, a prosecutor must persuade members of the jury that a crime has been committed before they can agree that formal charges should be filed. Once a person has been officially charged with a crime, it is at that point that a public trial may then be held. While an accused person can be present during a grand jury’s meeting, most take place in a private setting with only the prosecutor, members of the grand jury, any witnesses the prosecution wants to present to the grand jury, and official personnel needed for record-keeping and security. In contrast, a person who has been formally charged must be present in court during the trial along with defense counsel, a prosecutor, a judge, witnesses, a jury of peers, a stenographer, and others needed to ensure a fair trial in most cases. Generally speaking, an indictment, also known as a “true bill” may be viewed as a formal accusation undergoing an official investigation before moving forward with charges. An indictment may or may not result in court charges. A charge, on the other hand, means that grand jury members have decided formal prosecution should take place.   With few exceptions, anyone can be indicted by a grand jury. Though not all states require an indictment for a person to be charged with a crime. Of those that do, indictments are reserved for felonies. The Fifth Amendment to the United States Constitution states that crimes punishable by death or long imprisonment require an indictment before a charge is filed. The United States Supreme Court, however, has interpreted that clause to be applicable only to federal crimes and that states do not have to adhere unless they choose to. Laws concerning indictments apply exclusively to civilians in the United States. Members of the armed forces can be tried by court-martial without an indictment and without being tried by a jury of their peers. While most states don’t require an indictment before charging a person of a crime, federal crimes may be handled differently. For federal indictments, an Assistant United States Attorney (AUSA) will review the merits of a case and question federal investigators to determine whether charges should be filed. When evidence is lacking and further investigation cannot help the AUSA make an informed decision, a grand jury may be relied upon. Federal indictments only pertain to felony-level crimes, federal misdemeanors do not require an indictment before charges can be filed. Grand jury proceedings are shielded from the public. Individual members are not allowed to share any information with anyone who is not on a grand jury. Attorneys, witnesses, and all others are also asked to leave the room as jurors are deliberating in order to protect the privacy of the grand jury’s deliberations. Proceedings can take anywhere from a month to a year and operate mostly in secrecy. Often, it is only after an indictment has been made that the accused knows they have been indicted and are facing criminal charges. If an indictment has been issued, the accused usually finds out upon being arrested after court charges have been filed and a warrant issued. Others seeking information about a true bill can find out by:   Everything that happens during a grand jury’s proceedings is kept in secrecy. An actual indictment, however, may or may not be sealed or kept away from the public. Often, when an indictment is sealed, it is done so for a predetermined time. Reasons, why an indictment may be sealed, include: If an indictment has been sealed, no information hinting as to its existence will be shared with the accused, attorneys, or the general public. An indictment does not mean a person is going to jail. It simply means that the prosecution may proceed with filing criminal charges. At that point, a court trial will be scheduled to begin and the process of trying the case before a judge and jury will commence. With or without an indictment, a person is always innocent until proven guilty in a court of law. An indictment can be dismissed, but it is very rare that a prosecutor will do so after a grand jury has issued one. Typically, indicted parties must still appear in court to face the criminal charges before the charges are dismissed. More common are grand jury dismissals, which can take place at any point in the proceedings before an indictment is issued. When a grand jury enters a dismissal instead of an indictment, this is called a “no-bill.” Grand jury dismissals can happen for any number of reasons, including: Understanding the indictment process can help a person better understand how the criminal justice system operates, in general. Our article archives may be able to help answer any further questions about this process, as well as clarify some of the legal terms commonly encountered when exploring this topic. Anyone who believes they may be indicted for a crime or who has already been indicted should contact a qualified attorney right away. While a court-appointed attorney will be provided to those who cannot afford counsel, this only happens after a person has been formally charged with a crime. We offer a state-by-state list of low-cost legal service providers on our site who may be able to answer questions and provide guidance before an indictment happens. "
Difference Between Capital Murder and First Degree Murder,"First degree murder and capital murder are commonly confused, most likely because they’re so similar. The main difference between first degree and capital is the punishment that someone who’s committed these crimes receives. A person is charged with first degree murder if it’s suspected they took time to think about killing another person before killing them. This premeditation differs from other murder charges where a person may have killed someone by accident or in a rage. In either case, planning was not a factor. Individuals convicted of first degree receive multiple years in prison — some get life sentences — often without the possibility of parole. There are times when a defendant may not plan to kill but receive a first degree charge. This charge can happen when someone dies as a result of a felony. Typical examples include carjackings, bank robberies, and arson. Known as the “felony murder rule,” accomplices may be charged with first degree in any of the states where this rule applies. Felony murder is considered a first degree murder (and sometimes a capital murder.) One example is Ryan Holle. Even though Holle was not at the scene of the crime — or awake when it happened — Holle is serving 25 years in prison. On the night of the crime, Holle handed his car keys to a group of friends who were going to rob a house, knowing why they were going to use his car. Unfortunately, a young woman died during the robbery. Florida prosecutors argued that, while Holle didn’t know a murder would occur, he did know his friends were planning to rob the home. Since a resident of the house was killed in the process, he was just as guilty as those at the scene of the crime. While the exact phrase “felony murder” may not appear in state legal codes, these types of charges are clearly defined under the circumstances of first degree where this doctrine exists. State laws on how felony murder may be used to charge individuals vary. California, for example, recently changed to a more specific set of circumstances. Before the change, anyone involved in a felony resulting in death could be charged with first degree regardless of intent or knowledge of a victim’s death. Under new guidelines, a felony murder charge may only apply if: Almost all states have a felony murder rule, and the death penalty cannot be enacted on someone who had only a minor role in the crime in any of those states. There are four states that have abolished the felony murder rule, and those states are: Capital murder is first degree murder that can result in the death penalty. The state has to have a capital punishment law, and often the crime has to have exceptional circumstances surrounding it. Usually, this is the murder of a police officer, firefighter, or another government worker. Within each of these charges are different levels, depending on circumstance. Punishments for people convicted of these crimes will also vary. While capital murder and first degree murder are the most serious murders a person can be charged with, any of these others may also apply. These may even apply in addition to capital or first degree murder charges. The rules on how these charges may apply vary depending on the state and the circumstances surrounding the victim’s death. Under the law, murder is typically defined by intent. That is, a defendant knew their actions may lead to another’s death and proceeded anyway. Where there is no intention beforehand, but a victim still dies, other murder charges may apply, such as: A murder took place, but there was no intent to kill or premeditation before the incident happened. Second degree murder commonly applies to heated situations that escalate into an altercation. The defendant did not take time to plan their actions and were, usually, in an emotional rage. We can also label these as “crimes of passion,” but they’re not always romance-related. The lines between second degree and voluntary manslaughter can sometimes be difficult to identify until a full trial has taken place. These cases include those where individuals knew that a confrontation — such as a fight — could result in death, but chose to engage anyway. The contrast between second degree and voluntary manslaughter is more evident in cases where a defendant claims to have felt imminent danger. A person acting in what they believe to be self-defense may be charged with voluntary manslaughter if they go so far as to kill the person they claim made them fear for their life. A person charged with involuntary manslaughter didn’t plan, show intent to kill, and had no malice against the victim. Despite intent, this lesser charge is classified as a homicide in most jurisdictions. These charges can include accidental deaths and those that occur through negligence. The easiest way to recall the difference between capital versus first degree murder is that capital murder results in capital punishment if a person is convicted. For more information on capital versus first degree murder, we recommend reading our archives on this subject. There, you will learn more about the death penalty, including its history, and discover which states impose capital punishment and which do not. Anyone with further questions on this topic or who may currently be involved in a capital or first degree murder case should immediately contact a qualified attorney for more specific advice and assistance. Serious crimes require serious consideration every step of the way. One way to get greater clarification about a legal matter is with a free case evaluation from a local attorney. "
States With The Death Penalty,"The first recorded case of the death penalty inside a U.S. correctional facility dates back to 1834. Since that time, multiple states have rejected the death penalty, but some continue the practice. Throughout history, citizens, politicians, and the United States Supreme Court have weighed in on the legalities and ethics of capital punishment. Today, there are 29 states with the death penalty – although some currently have a moratorium (a temporary cessation) on executions as of 2019.   Criminal executions have always happened in the U.S. and even took place in the North American colonies. In early history, however, most executions took place in a public setting as opposed to a jail or prison. In the English colonies of North America, the first recorded execution took place in 1608 when George Kendall was killed for an alleged plot to side with the Spanish against the British settlers of the New World. In 1834, Pennsylvania was the first state in the U.S. to officially require that convicted criminals sentenced to death be executed in a prison setting. Since that time, multiple states have enacted similar laws, which have taken on many forms in terms of who can be executed and how executions may be carried out. Also called capital punishment, several states have outright rejected the death penalty and have replaced it with lifetime imprisonments instead. What is DEATH PENALTY?     Although there are 21 states who do not practice capital punishment in 2019, it should be noted that a federal death penalty exists and can be imposed on a criminal convicted of a federal crime regardless of state law where the crime was committed. The United States military also issues the death penalty for certain crimes. The federal government has not executed a prisoner since 2003 and the last military execution happened in 1961. As of 2019, all 62 inmates awaiting execution by a federal court are currently imprisoned in Terre Haute, Indiana.   Of the 29 death penalty states listed above, California, Colorado, Oregon, and Pennsylvania – the state where capital punishment originated – have all placed a moratorium on criminal executions. Those who have outright abolished capital punishment include: As of 2019, there are 2,673 people on death row in the United States. Several of these cases may be appealed and sentencing may someday be reduced. This figure also includes two inmates currently serving time on death row in New Mexico where capital punishment was repealed in 2009. Despite this fact, neither inmate received a sentence reduction and each may still face execution in the future. With that said, more than a third of the states above haven’t carried out an execution in the last 10 years.      The death penalty remains a hotly contested issue among voters, politicians, and other citizens of the United States. Capital punishment in the U.S. has been scrutinized by the Supreme Court at various points throughout history, including an outright ban on the practice imposed by the Court in 1972.  In the case of Furman v. Georgia, it was argued that the death penalty was cruel and unusual punishment and, therefore, a violation of the Eighth Amendment of the U.S. Constitution. It was further argued that the practice was often carried out arbitrarily and with bias against certain poor and disenfranchised convicts. The Court agreed with these arguments and imposed a nationwide moratorium on the death penalty which lasted statewide until 1976.  It should be noted, however, that this ruling also affected the federal death penalty, which was not reinstated until 1988. Federally, and in states where death sentences had been legal prior to this ruling, inmates condemned to death had their sentences reduced to life in prison without the possibility of parole. The state of Georgia was largely instrumental in capital punishment being reinstated in the U.S. in 1976. This was due to Georgia revising its sentencing guidelines in such a way that the Court agreed it would no longer be considered cruel, unusual, or prejudicial when applying the death penalty. Other states, such as Florida, Louisiana, North Carolina, and Texas also adjusted their guidelines to the Court’s satisfaction and the moratorium was lifted in those states shortly thereafter. More states eventually followed leading to the aforementioned list of 29 death penalty states today. In 1977, the Supreme Court decided punishments must relative to crimes committed. As such, the death penalty could not be applied to cases of rape or other crimes which did not result in a victim’s death. This position was clarified by the Court once again in 2008 when it specifically stated crimes of child rape where a victim survived could not be tried as capital cases. In 2002, the Court ruled that mentally incompetent individuals could not be executed by law. It was argued that their impairment automatically reduces the severity of any crime committed. The reasoning behind this conclusion is that a person living with such a handicap may not fully understand the harshness of their actions or reasonably intend such harm.  Following this landmark ruling, the Supreme Court also made it impossible to punish juvenile offenders with death. Similar reasoning applied as the Court deemed people under the age of 18 years lacked the maturity to fully understand the seriousness of the crimes committed. Prior to this decision, more than 350 children had been legally executed in the United States. The first recorded juvenile execution taking place as early as 1642 in the Plymouth colony located in the current state of Massachusetts.   As of 2019, in states where it is applicable, capital punishment is only allowed in cases where a person has been convicted of murder. For a federal death penalty to be applied, however, there are 41 offenses for which a convicted person may receive the death penalty. Most of these involve murder charges of varying circumstances such as violating another’s civil rights and causing their death, causing another person’s death during a hijacking, hiring someone to kill another person, murdering a witness to a crime, murder while smuggling a foreigner into the country, and murdering a law enforcement officer. Though the list of offenses eligible for capital punishment under federal law is lengthy, within those is a shortlist of offenses that do not involve the death of another person. A person can be sentenced to death under federal law if found guilty of:   Throughout history proponents of the death penalty support it for a variety of reasons including: Opponents of the death penalty consistently argue against its application for some of the following reasons: Further Information As long as the death penalty exists in the United States, it is sure to be a hotly contested issue. Proponents and opponents should have knowledge of the history and facts surrounding the death penalty as voting citizens. For more information on capital punishment in the U.S., please visit our article archives. Individuals with precise legal questions, who may have charges filed against them or who are in need of assistance with a capital punishment case should consult an attorney experienced in this area.  "
What Is The Federal Law For Opening Mail Not Addressed To You?,"Most people know that it’s illegal to open mail that is addressed to someone else. In fact, there is a federal law that makes it a crime to do so. However, the law only applies under very specific circumstances. To help determine if it’s lawful, take a look at the following reasons for opening mail not addressed to you.  A federal statute known as 18 USC Section 1702 makes it illegal to open correspondence addressed to someone else. However, the law cannot be applied if you did not recognize that the mail was not yours when you opened it. For example, if you received several items in the mail and were opening all the envelopes without paying particular attention to the addressee, it is conceivable that you could open mail that was not yours. Because you did not recognize the mail as belonging to someone else before you opened it, no crime has been committed. Although you may have opened someone else’s mail unintentionally, what you do with it afterward is what really counts. Toss the mail in the garbage, and you have intentionally obstructed the delivery of that correspondence. That is a crime, and there may be consequences. If this happens, write Return to Sender or note Wrong Address on the envelope and pop it into a mailbox. That way, the letter can still eventually reach the intended recipient.   The U.S. Postal Service is mainly concerned with mail that is stolen from their custody. In other words, once they have delivered mail to your box, it is no longer in their possession and they are relying on you to react appropriately if correspondence has been mishandled. The statute mostly addresses mail that is wrongfully removed from Postal Service custody, such as if it is stolen from a Post Office, a letter carrier, or a mailbox. Should the stolen mail be used to conduct another crime, like identity theft, then the thief might be facing additional charges. If someone opens mail that is not addressed to them with the intention of stealing what is inside, they are subject to consequences, as well. For instance, if you know someone was delivered cash in an envelope or shipped an expensive item, opening the mail and taking the possessions is still a form of theft that has consequences beyond that of opening mail not addressed to you.   It’s common for someone to ask a neighbor to collect and open his mail while he is away from home. In this case, you can open his mail as long as he has given you permission. It is only a crime if the person did not ask you to and you choose to open it anyway. According to USPS, “After a loved one has passed away, accumulating mail can attract unwanted attention. To avoid this, as appointed executor or administrator, you can file a request at the Post Office™ to redirect their mail [or] remove them from advertisers’ mailing lists.” If you lived with someone who has passed away and received their mail before he or she died, you can still manage and open their mail as usual. If you are the executor of the deceased person’s estate and need to forward his or her mail to a different address, you will need to contact your local Post Office.  While opening mail not addressed to you on accident or with permission is not a crime, a person who steals mail from Postal Service custody may be looking at as much as five years in prison. That sentence may be in addition to or concurrent with other prison terms that the thief is sentenced to in relation to other crimes they may have committed after stealing the correspondence. Sizable fines may also be involved. Considering the consequences, stealing mail hardly seems worth the effort. If you have any additional questions or concerns about opening mail not addressed to you, you should contact your local Post Office to ensure you are following the law. "
What Happens When You Get Pulled Over Without a Driver’s License?,"To drive in accordance with the law, an individual must have a driver’s license. Driving is a privilege according to federal law – one that can be revoked if certain conditions are not met. Getting pulled over without a license can lead to serious consequences, depending upon the circumstances. There are two reasons why someone may be driving without a license. One, the driver has a valid driver’s license but simply forgot it or misplaced it, which is why it is not in the vehicle with them. This is called a “correctable offense” or “fit-it ticket.” The other possibility is that the driver does not have a valid license at all. This could be due to the license being suspended or revoked, or the driver may have never been issued a valid license in the first place. This offense is called a “willful violation” because you knowingly disregarded the law. Let’s take a deeper look at what happens when you get pulled over without a driver’s license. Driving without a license is considered a crime in all 50 states. However, the consequences of this infraction vary depending on the state you live in, as well as if the infraction is a correctable offense or a willful violation. The consequences for getting pulled over without a license can include fines, community service, and/or possibly jail time,  though the latter is uncommon for correctable offenses. Varying by state, the fines for driving without a license range anywhere between $100 and $1,000. The severity of the penalty for getting pulled over without a license increases if you are unable to present a valid driver’s license later on in court. The penalty can also be more severe based on the seriousness of your traffic infraction. For example, if someone is driving without a license and gets in a car accident or is driving under the influence – the consequences tend to be much more severe. Here’s a bit more detail on the difference between a correctable offense and a willful violation when it comes to getting pulled over without a license. How To Find Out If A License Is Active Or Suspended?   If you simply forget to bring your license in the car with you, the infraction is a bit different. Most states will differentiate forgetting your license and not having one at all, as humans are subject to forgetfulness and making mistakes. Usually, if an individual doesn’t have a driver’s license to show to the police officer when they get pulled over – but they do have a valid driver’s license issued under his or her name – they will be issued a much less severe traffic citation. If the individual appears before court (with their valid license), the citation can often be pleaded down or dismissed altogether. Steps to take if you forget your license and are pulled over: Remember, you will still be charged for the traffic violation that you were pulled over for (speeding, running a red light, etc.) even if the correctable offense is dismissed.  Regardless of the circumstance, it is never a good idea to get behind the wheel if you do not have a valid driver’s license. Driving with a suspended or revoked driver’s license is an arrestable offense that is much more serious than driving with no driver’s license or simply forgetting it. People whose licenses have been suspended or revoked are not supposed to be driving at all until they resolve the issues that led to the suspensions or revocations. Additionally, people who are caught driving on suspended or revoked licenses could lose their driving privileges even longer than they did initially and have to serve longer lengths of jail time and pay higher fines and fees. What to do if you get pulled over and have a suspended or revoked license: There is no guarantee that you will get your traffic infraction dismissed if you get pulled over without a license. However, your chances are better if you are honest and respectful to the police officer and in court. If you have been pulled over without a license, whether you forgot yours at home or you do not have a valid ID, it is a good idea to speak with a traffic ticket lawyer who can tell you the best way to proceed. "
Signing a Letter on Someone Else’s Behalf,"Sometimes in the business world, it’s necessary for office staff to sign a letter on someone else’s behalf, such as the manager or company president. This usually happens when the manager or president is not available or too busy to sign letters himself. Only an authorized representative should sign on someone else’s behalf. Aside from internal company matters, there are other situations where people may need to sign on another person’s behalf. Commonly, real estate agents, investment brokers, and lenders will obtain permission to do so. Procuration is the official term for signing for someone else. This term is taken from the Latin word procurare meaning “to take care of.” Now, when signing on someone else’s behalf, the signature is preceded by p.p. standing for per procurationem. The p.p. is a signal to the reader that someone signed the letter on behalf of another. Here are some examples of how to use the p.p. designation: p.p. Staff Signature
President’s Name President’s Name
p.p. Staff Signature Check with your employer to learn their preferred method of signing with the p.p. designation. If a person is too ill to handle his own affairs, he will need a power of attorney — a person who has the legal right to sign any document on behalf of an incapacitated person. Ideally, people will appoint someone ahead of time to be their power of attorney. When a person passes away and their business affairs need to be tied up, the power of attorney can sign as the deceased. When a person appointed power of attorney signs the document for another person, the document bears the same legal weight as if the incapacitated person signed it himself. An attorney must prepare the documents giving permission to sign on behalf of an incapacitated or deceased person. Only the person granted the power of attorney has the right to do so. If any other person attempts to sign on behalf of another, the letter or document is not legally binding. Laws vary state by state, but in some situations, a parent or guardian can sign on behalf of a child. For instance, if someone under 18 years old opens a bank account, receives a tax return, or needs to sign another legal document, the child may need the parent or guardian to sign on his or her behalf. Signing documents is just a part of everyday life, but there can be important legal implications for you, your family, or your business. If you have questions, consider getting a free initial legal review of your situation today. "
Best Way to Find Someone in Jail for Free,"If you are looking to find someone in jail, you have a few options. If you’re not sure where to start, trying to find an inmate may feel overwhelming. So before you start Google searching every jail in your area, let’s walk through the basics. Do you know the person’s name, address, or date of birth? Maybe you know the county, city, or state where they committed the crime or even when and where their hearing was held. Obtaining as much basic information as possible will simplify the process. We’ll walk through how to find out if someone is currently in jail and explore the best way to find which jail or federal prison they’re in. There are several reasons why you might need to find out if someone is in jail. Oftentimes, people know someone who was arrested and they want to know if they are still incarcerated. Other times, families that move to a new area want to do research on convicted sex offenders. And sometimes, family members are in search of relatives they have not heard from in a while. In any case, finding out if someone is in jail starts with knowing where the crime took place. Even if you do not have the name of the criminal, you can quickly narrow down your search if you know which jurisdiction to focus on. To find someone in jail, you can start with your State Department of Corrections. If you go to the state’s web page, you will be able to find a phone number to contact. You’ll also find resources like Sex Offender Registry, Offender Contact information, and Offender Visitation forms. Many states will also have a search feature. Some state websites will refer to this as an Offender Database Search or an Inmate Search. If you are unsure where to look for this feature, simply Google the state followed by “department of corrections inmate search.” It’ll be in one of the top search results. Some counties do not have an online search feature, so you may have to call. If the jail you call is not where the inmate is located, try contacting nearby jails. If the person you’re looking for was recently arrested, their information may not be in the system yet. You can always check every week or two. But typically it’s harder to find their information because arrestees are held in the county jail until they have a trial and are released or transferred to a more permanent location. However, if the person you are searching for has been in jail longer than a month, you can use a few other resources to find out where they are located. Once you have determined someone is in jail, you can start your search. If you know the jurisdiction where they were arrested, you can call the jail. The Department of Corrections will be able to release public information to you about the person. Like their name, age, birthday, and gender. However, there are other ways to find someone in jail for free if you have limited information about them. The best way to find someone in jail for free is VINE (Victim Information and Notification Everyday). A victim notification network that “provides the most reliable information for custody status changes and criminal case information.” On the site’s homepage, select the state where you want to search. Navigate to the “Find an Offender” button, where you will be prompted to type in the Offender ID number. Or, if you don’t know it, the inmate’s first and last name. You can also select “Advanced Search” to add the inmate’s facility name, date of birth, and age range. When you find who you are looking for, you will see their inmate/offender ID, date of birth, race, gender, custody status, location, and scheduled release date. Anyone interested in the status of an inmate can register to be notified when the inmate is released or transferred. Notification is done by phone or email. Note: VINE does not provide information on federal prisons, only local jails and state prisons. VINE is updated every day. Finding someone in federal prison is a lot like finding someone in jail. The best way to locate information on a federal prisoner for free is to go to the Bureau of Federal Prisons. Then, go to the inmate locator tab. You can search by inmate number or name. A list of results will appear with the inmates’ names, ID number, age, sex, race, and release date, or prison location. If you select the prison’s name, it will take you to that location’s website where you can find additional details. Of course, if you know which jail or prison the inmate is located at, you can pull up its website and do a search. At least then you’ll know if the offender is still in custody. Not all jails or prisons have this information online. In that case, simply call the jail or prison and ask them to provide the inmate’s status. VINE and the BOP website are by far the best resources to find someone in jail for free. Their sites are constantly updated and contain the most information on inmates nationwide. Another great free website is Inmates Plus. Click on the state where you want to search and then two options appear. One option is a search for the state prison. The second option is to search by county jail. Inmates Plus is updated daily. You know of someone who has been in jail or prison, but you’re unsure when they will be released. You can find an inmate’s release date by calling the state’s Department of Corrections, searching their online database, or use a resource like VINELink. Although release dates are subject to change based on the inmate’s behavior. If the inmate is incarcerated in a smaller facility, their release date may not show up on large databases. If the inmate’s case was followed by the public, sometimes their release will be covered on local news stations. To learn more about this process, check out our step-by-step guide on  How to Find an Inmate’s Release Date. People might need to look up mug shots for many reasons. Some are looking for information on acquaintances who were arrested. Others are looking for their own mug shot. Still others may be browsing out of curiosity. Whatever their reason, finding local mug shots is easy. Several resources can be consulted, and the information is usually freely available. In some jurisdictions, mug shots are public record. Accordingly, it’s very easy to browse through the pictures. Start with the law enforcement agency’s website. These are easy to find by putting a county name and the words “sheriff’s department” into an online search engine. City police departments and highway patrol agencies may also have accessible websites. If mug shots are available, they should be easy to find by clicking on a link labeled “booking blotter” or something similar. This is probably the easiest search method available, particularly if you know which agency arrested the individual whose mug shot you’re seeking. If you’re not able to locate the particular mug shot you’re seeking, consider calling the law enforcement agency. They may allow you to come down to the station to search through their books of mug shots. Some online companies provide people with an opportunity to search for a mug shot through their website. This is often a fee based service, but it may make sense to try this if you’re not able to locate a mug shot through a law enforcement agency. If the company does not already have the mug shot you’re looking for in their database, they may be able to request it from the proper authorities. This may involve an additional fee. Some jurisdictions do not post mug shots online and instead require people to visit in person. County or city jails may be able to accommodate your request to review mug shots. It’s generally advisable to call first to make certain that coming in person to ask to view mug shots is permissible. Where mug shots are considered public records, it is not unusual for various media outlets to publicize them. Check websites for local networks and newspapers, as they usually post recent mug shots on their page for local news. Like using a law enforcement website, this is an easy method for obtaining mug shots. If someone you care about is in jail or prison and needs legal help, you can get a free case evaluation to help you plan your next steps. "
How Do You Prove a Defamation of Character Claim?,"Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm.   Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers.   When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. "
How Do You Look up License Plate Numbers?,"From driver history to accident reports, you can learn a lot from performing a license plate lookup. Usually, people are trying to find information about a vehicle’s history. Other times, someone may be looking to identify the driver of a vehicle by using a license plate number. In either case, the online data may be limited due to privacy laws. But there are a few ways you can conduct a license plate lookup to find basic information about a vehicle or driver. We’ll focus on the most common reasons to lookup license plate numbers – to obtain a vehicle history report and view criminal driving records. The information you can obtain from a license plate lookup is limited. But there are tons of public records to find what you’re looking for, like a driver’s criminal history. This information is gathered from multiple sources. Car auctions, insurance companies, and carmakers are few. Whether you use a third-party license plate lookup like People Public Records or Vehicle Data Registry, you should be able to find all basic information about a vehicle, including: In most cases, you don’t need to go to the DMV to get license plate records – there are so many online resources to choose from. However, we’ve included information about DMV license plate lookups if you’re unable to find the records you are looking for. DMV reports include: The websites listed here are called third-party information providers. These websites pull records from DMV, court, corrections, and vital statistics databases. This saves you from doing multiple searches and from driving around town to collect information. It’s completely legal for you to request this information because all of the data collected by third-party information providers is public record. The Freedom of Information Act also justifies your request for the vehicle data. PeoplePublicRecords.org is one of the most comprehensive third-party information providers. Allowing you to access instant data from public records. If you go to the website, you can look up information on car owners by name, VIN, or license plate number. You can also search for someone’s complete background history, criminal and civil court records, marriage and divorce records, birth and death records, vital records and genealogy, lawsuits and legal judgments, civil claims and litigations, and police records. Keep in mind, Peoplepublicrecords.org does not collect any information about the searcher, so when you run a report, the person will not even know that anyone pulled a report. Users can choose from one-, three-, or a six-month membership, each with unlimited searches. The website www.searchquarry.com allows users to search for information on car owners by typing in the VIN or license plate number. In addition to license plate records, SearchQuarry allows users to look up public information and reports about criminal records, court records, incarcerations, driving records, VIN records, bankruptcies, liens and judgments, birth records, death records, marriage records, divorce records, and phone number records. SearchQuarry does not provide any bank, credit card, or social security number information. Users must pay a monthly fee for unlimited searches and reports. At Vehicledataregistry.com, you can search for owner information by using a VIN or license plate number. A lot of information is attached to a person’s driving record. This website may provide you with any – or all – of the following information: If you are not able to find what you are looking for online, you may be able to obtain information about a vehicle or driver using a license plate lookup at the Department of Motor Vehicles (DMV.) Simply go to your local DMV website or call the number provided to see if the one in your area provides vehicle and driver records. If so, visit the DMV and provide them with the license plate number and any other details you have. To learn more about license plate lookups and public vehicle driving records, check out How To Find a Name and Address Using a License Plate Number. "
Best Way To Run A Free Arrest Warrant Check,"If you’re concerned about having a warrant out for your arrest, you should check right away. Fortunately, there are tons of free ways to find out without having to look into the dark web. Even if you don’t want to use the internet, there are a few ways to run a free arrest warrant check. Most of this article focuses on how to run a free arrest warrant check on yourself. But this process applies equally well to looking for a suspected warrant on someone else. So, let’s get to it!     This might seem like a no-brainer. But not all arrest warrants are issued because someone committed a high-caliber crime or because you’re just a “bad person.” You can have a warrant out because you did something as simple as forgetting to pay a parking ticket. Or you’re a suspect in a crime – even if it’s a misunderstanding and you weren’t involved. You can also have a warrant out for something like bouncing a check. Even if you didn’t mean to and never even knew it bounced. Anything that would amount to a felony or a misdemeanor is grounds for police to get an arrest warrant. As long as they can prove you did it or it’s a felony charge. Being suspected of a misdemeanor isn’t usually enough for an arrest warrant. But it is enough for a felony. Additionally, if you don’t show up for court or pay a ticket, you may have a warrant. Even if you never knew you had court scheduled. I almost had this happen with jury duty because I didn’t get the letter. It’s not as difficult or unheard of as you’d think. So, again, you don’t need to commit murder to find yourself with a warrant.     In order to get an arrest warrant, police officers need to convince a judge that a crime was most likely committed. And the suspected crime was likely committed by the person they want a warrant for. The burden of proof is not super high at this stage, but facts need to be present. In order to make their case, an officer must submit an affidavit. The affidavit has to be signed under oath and contain enough facts to convince a neutral judge of probable cause. IE: that you are very likely the person who bounced a check when buying diapers because it was signed by you and they have video camera footage of your purchase. Or that you likely tried to commit insurance fraud because your car that you couldn’t afford was conveniently totaled the day before it was supposed to be repoed. If they can convince a judge of these two things with an affidavit, then the judge will grant them an arrest warrant. But this process is pretty similar with bench or search warrants as well. The judge, however, may put restrictions on the arrest warrant. Something like you can only be arrested between 6 a.m. and 6 p.m. or you can’t be arrested if you’re at work. But this all depends on the severity of the crime. Sometimes the bail amount will also be included in the warrant. Obtaining a warrant doesn’t usually take more than a day. However, it can take several days for a warrant to “hit the system” (the law’s archaic computer system, that is.) Additionally, warrants do not expire or just go away. There is no statute of limitations on the warrant itself once it’s been issued. But, occasionally, you can get out if it if the information on the warrant isn’t right.   Sometimes facts are misstated, incorrect, or otherwise don’t hold water. For example, the location could be wrong, the name on the warrant could be misspelled, or you can otherwise prove the warrant (at least as-is) isn’t for you. Or that they’re violating one of the mandates on the warrant. Like they’re arresting you at 6:30 pm, which is outside of hours on the warrant. In an ideal scenario, police officers should show you your arrest warrant, but they don’t always. If you can prove that the warrant isn’t for you, the police shouldn’t proceed with the arrest. But that also isn’t always the case. However, it should be noted that clerical errors aren’t enough to invalidate an arrest warrant. If an arrest warrant says “Jonh” instead of “John,” that wouldn’t be enough. But if it said 134 North St, when it was should be 1340 North Rd, that might do it. At least for now. Providing both locations actually exist. There are, however, some cases where running a check for an arrest warrant won’t help you.     The police may still hope to arrest you, it just won’t show up as a warrant. You should only be seriously concerned about this if you are involved in a serious crime. But definitely something to consider if you’re being falsely accused, as well. They all revolve around probable cause.   I’ll give you some advice my lawyer gave me. It cost me $30, so you’re welcome. “Police, pastors, and lawyers are great to have – but you never want to invite one into your house.” Although it’s unlikely a criminal would do this, someone else who lives in the house could. And anything they see, hear, or even smell – without a warrant – can be used against you in court.   If you’re in this situation, you’re certainly not reading this article. Er, I hope not. In this particular case, the police would need to be in “hot pursuit.” Which means they followed the suspect from whatever chase was happening straight into the building. At which point, they don’t need a warrant to make the arrest, obviously.   This is referred to as exigent circumstances. This one is obvious, if someone’s in danger, the officer shouldn’t wait for a warrant to come through. The same is true for evidence. But this clause is rarely used for the latter. If someone had evidence of their crime on their computer and the police thought they would destroy it, they don’t always need a warrant. But – more often than not – it’s more complex than that when it comes to evidence.     Okay, so we know when a warrant check won’t help, when it would, and why you should probably check. Even if you don’t think an arrest warrant should exist. But how exactly do you go about doing it?   This part is so super important: almost no online database resources exist for free. If you want to look online for an arrest warrant, you’re unlikely to find one for free because; But if that doesn’t deter you, that’s perfectly fine. Just don’t expect the arrest warrant search to be free online. Even if it says it is, I can almost guarantee you it’s not. However, The Most Wanted is the only one we’ve found as far as databases are concerned. But there’s a huge catch: It’s only for warrants out in Indiana. If you want to search online for free and you’re not in Indiana, you would need to Google “arrest warrants in [insert county & state] and use whatever local government websites pop up. Now, if you think you might have warrants out in different states, you’ll need to Google every state and county that you think is a possibility.   If you might have warrants out in multiple states or counties (or you’re just curious if you do) paid routes are the best option. Additionally, they’re the best option if you’re looking to find arrest warrants on someone else.     We’re not affiliated with these guys in any way, but I’ve used them to run checks on myself to see how accurate they are. And they miss some minor stuff (thankfully my current address is one), but they do pull up some creepy stuff. They do not, however, pull up any of my court cases because police weren’t involved. And when they were, I was the plaintiff. They have relatively cheap trials that seem worth it(ish) to me if I was interested in looking this stuff up, but I whole-heartedly recommend not doing a whole month unless you’re just super nosey. Then it might be interesting. Okay, moving on…   Yeah, I know. But hear me out. Police stations are really one of the few places you can go where it’s quick, easy, and free to check. I don’t necessarily advise going into the police department to inquire – especially if you think you’ll be arrested on the spot*. A slightly safer – but still potentially sketchy option – is to have someone you trust go and ask a law enforcement official. Although, since it’s not public knowledge, they may not release this if they think you’re a flight risk or if your local laws don’t allow the release of that kind of information. Additionally, you or someone you trust can call. Although there is a chance that they may not give the information up over the phone. I don’t necessarily advise visiting or calling your in-town police department, but a police department in the same county should have the same level of access. But you’d have to call into the county that the warrant would be out in, not just your local county if nothing happened there. *Note: if you have a bench warrant out, you will likely be arrested on sight.   There’s a relatively low chance you’ll be arrested on the spot at the courthouse. Though not entirely out of the question. Because, you know, there are usually cops there. But if you know which jurisdiction the arrest warrant would fall under, you can go to the corresponding courthouse to find out if there’s a warrant. Unless you committed a serious crime, you should be fine* to walk out of the courthouse. Although you’ll be in for some social awkwardness. This is usually free. But if you go out of the jurisdiction, they will usually charge you for the records. How much they charge depends on the courthouse and if you want it printed out. *Note: if you have a bench warrant out, you will likely be arrested or detained on sight.    Call a good defense lawyer. I would highly suggest paying for one. I’ve used pro bono, I’ve used reduced fee lawyers, sliding scale lawyers, free legal aid services, and paid for high-priced lawyers. And I can tell you the ones you pay and keep on retainer absolutely work the hardest. I have nothing against all my other lawyers (or nothing big enough to air here, anyway) but the lawyers that I kept on a hefty retainer were hands-down the best ones I had. Fortunately, most lawyers offer you a free consult. It’s usually short, brisk, and rather standoffish feeling, but it gives you a good starting place for shopping around. Find one you feel comfortable and confident in. You DO NOT want a lawyer that promises you the moon and the stars and the sea. You want a grounded, realistic, level-headed lawyer, so do some legwork and go through all the bad reviews you can consume. But I get it, not everyone has thousands of dollars they can throw at a retainer and a monthly legal bill. Lawyers are not cheap. But you have a few options if you don’t have the cash for a lawyer.   If it’s a felony charge, you can get a court-appointed lawyer. Occasionally you can get a court-appointed lawyer for misdemeanors if you’re potentially facing jail time. But you’ll want to get some free legal help on how you should go about turning yourself in and requesting a court-appointed lawyer without incriminating yourself. Do not underestimate the importance of avoiding incrimination when turning yourself in. Of course, if you go this route you should absolutely stay silent without your lawyer. Requesting a lawyer after you turn yourself in is the only thing you should say.   Most pro bono lawyers don’t help with defense cases that involve warrants. Court-appointed lawyers for these types of cases are pro bono lawyers, so that’s where you’ll likely find one. But you can try to find one that might help by looking up your state’s bar association website and going through their pro bono directory.   Since this is such a broad topic and varies state-by-state, we actually put together a whole resource list of free and low-cost legal help. Oftentimes, lawyers (especially low-cost ones) won’t be available until about a year down the road. If this is the case, your potential lawyer will likely tell you to ask the court for a continuation until they’re available to represent you. Sometimes you have to show you at your scheduled date and time to do this and ask a judge to grant you the continuation. The judge can say no. But if the judge says no, you can ask for a court-appointed lawyer then, if they don’t tell you they’ll give you one instead. However, if you just need a quick bit of advice, you can call into a legal hotline and just ask how to go about turning yourself in and asking for a court-appointed lawyer. Those calls are usually pretty quick. But they will disclaim that they’re not suggesting you do that and it doesn’t constitute as legal advice because they’re not actually your lawyer. But don’t let that scare you off.      I mean… do you like the person? If you like the person, I would bring it up with them and try to help them figure out their legal options. If you don’t like the person… Tip-off the law agency that would have jurisdiction to arrest them. Of course, if you ask to remain anonymous, you usually will remain anonymous. But I’ve definitely had incidents where the cops did tell the person I called them, even after I asked to remain anonymous. And this person lashed out by reporting me to the cops for a fake crime. The person who tipped them (obviously…) didn’t remain anonymous, either. So just keep that in mind. If you don’t want to call in and risk backlash, many agencies have anonymous tip forms you can fill out online.    A bench warrant is a warrant that is issued after an arrest warrant, when the defendant has either not shown up for their scheduled court date, or they have violated some other court rule. An arrest warrant, on the other hand, a court order given to detain a party if probable cause is present (AKA they have committed a crime.    “If you discover that a bench warrant or arrest warrant has been issued against you or that you have missed a court hearing that you were ordered to attend (as a defendant or a witness), the most important thing to do is take action immediately,” according to Lauren Baldwin from criminaldefenselawyer.com. “When you didn’t show up, the judge may have issued a bench warrant for your arrest. This means that the police can take you into custody at any time – at a routine traffic stop, at your home or office, or when you appear at court on another matter. If you do not address the warrant, you will have to worry constantly that you may suddenly be taken to jail.”   Civil warrants are usually ordered in cases that have to do with debt, repossession, and eviction, among other civil cases. Civil warrants are not given for criminal cases. Three civil warrant types exist, including a capias warrant, a dispossessory warrant, a warrant in debt.   A writ is an order from a judge that requires someone to do something (yes, that’s vague, but the cause for a writ varies greatly depending on the situation). There are also several different types of writs, like a writ of possession that can be used in eviction cases, as well as a writ of error – a court order from the court of appeals to the judge who tried a case in lower court to give the records of the case to the appeals court.   In most areas, warrants last forever and do not expire. To learn more about how long warrants last and if orders are ever dropped, check out this guide of the Statute of Limitations for Arrest Warrants.    Quashing a warrant means that the warrant is cancelled. This usually happens when a defendant pays their bond. What does it mean to quash a warrant?   A capias warrant is an order to arrest and detain an individual for the purpose of guaranteeing a court appearance. It is one of the types of civil warrants. Most often, this type of warrant is issued when someone does not show up to their court appearance.    Warrants are public record in Texas, so you can find out if you have one fairly easily by doing an online search. You can start by visiting www.publicrecords.onlinesearches.com. Select Texas and then the county to narrow down results. Another way to find out if you have a warrant in Texas is by looking at www.gotwarrants.com, visiting your county’s website, or contacting the local sheriff’s office.  "
"Prenup: Why Prenup, What It Is, and Do You Need One?","To some, the mere mention of a prenuptial agreement can lead to controversy and turmoil. Understanding what a prenup is, the purposes a good one can serve, and who needs one can take the sting out of some of those conversations, though. Whether you’re planning on getting married soon or are simply curious about how prenuptial agreements work, taking a closer look at what a prenup does and how it may benefit some people can help people better determine whether or not such an agreement is right for you. In the United States, anyone can get divorced. In most states, people can get divorced for any reason and, in some, they can get divorced for no reason at all. No one entering a marriage ever dreams of it someday ending. As most divorced people will attest, however, even those who enter matrimony with the most hopeful of intentions often fall short and marriages don’t always last until death do two part. Prenuptial agreements are usually legally binding instruments intended to ensure fairness in a divorce process. Philosophically, most are agreed to at a time when both parties are in love with one another and have each other’s best interest at heart. As good prenups are created with the help of legal professionals, these agreements also tend to take on a realistic form of protection for each person’s assets if the marriage should eventually fail. These types of agreements are also intended to make the divorce process less litigious, faster, and, perhaps, even less expensive when all is said and done. This is because a separate accounting of individual assets has already been determined. With each person’s financial value, debt liabilities, and benefits clearly defined going into the marriage, it is far easier for a judge to determine which marital assets are left to be divided – and how – as a marriage is being dissolved. In light of all of this, prenups may also serve to reduce some of the stress associated with a divorce. It’s a commonly held belief that prenuptial agreements are reserved for the extremely wealthy, but this simply is not true. Average, working-class women and men often have prenuptial agreements in place when entering a new marriage. Essentially, any person who owns a business, real property, or other assets — such as stocks and bonds — may benefit from having such an agreement. Parents may also want to consider these documents since prenuptial agreements may also help protect a person’s heirs. For example, couples who are soon to marry may have children from previous relationships. A prenup can be used to separate and protect property that a parent intends for a child to inherit. Structured correctly, said property should not be considered as marital property during a divorce. Without a prenup, things like real estate and other investments, or even family heirlooms a parent intended for a child to receive, may be divided among former spouses when a marriage is dissolved. Some corporations and other entities may even strongly urge investors and shareholders to have prenups before getting married. This is so that, in case of divorce, the person’s stake in the company is not compromised, nor are employees or other aspects of a business threatened. Without a prenup, it is entirely possible for a former spouse to take control of a company, or parts thereof, that were acquired during a divorce settlement. The spouse who was awarded all or part of their exes company shares may not have any experience or interest in the business and may even wish to see it fail altogether. This, of course, can lead to a highly undesirable or even detrimental outcome for employees, investors, and others involved in that business. One often overlooked advantage of a prenuptial agreement is that they force couples who are intending to marry to have a real conversation about finances, liabilities, and expectations before they say “I do.” Even for couples who remain in their marriages forever, transparency about such matters is advantageous to the health of the marriage and the couple’s financial future. Those entertaining a prenuptial agreement are able to discuss earnings, investments, debts, and credit matters before entering a contractual union with a far better sense of clarity than those who refuse to do so. While these conversations can be uncomfortable and intense, they can also serve a very positive purpose in moving forward with a marriage in full knowledge of each spouse’s financial wealth and health. Prenuptial agreements are also introduced at a time when couples are in love and are more likely to want fairness to prevail. While all prenups are subject to state requirements and can even be set aside if a divorce judge finds one to be unreasonable, things like child custody and visitation matters can even be part of a prenuptial agreement. When this is the case, terms are often more fairly presented at a time when couples share a mutual love and respect than they may be during a divorce when one or both partners are harboring negative feelings towards the other. People who dislike the idea of prenuptial agreements generally feel like they are planning for divorce. They are right about this, of course, but prenups do not actually provoke divorce. While everyone would love for marriages to stand the test of time, realistically, many relationships go south long before. Prenups aren’t the reason marriages fail, but they can help make sense of financial matters when they do. Many people think prenups kill romance; however, marriage is largely a contractual agreement, and romance has nothing at all to do with that arrangement. Sure, a person may bring romantic feelings into a marriage, but romance has never been a requirement for matrimony. A marriage is as romantic — or unromantic — as the two people who sign a marriage contract decide it will be. In this way, a prenup is merely another agreement related to an already non-romantic one. While this may be true, to some degree, there is something to be said for a lack of blind trust. Going into a marriage, no one ever expects that infidelity, abuse, or other differences will ever become irreconcilable. Yet, we all know of marriages that have ended in divorce, anyway. People also owe it to themselves, their heirs, their business partners, and their spouses to be as realistic as possible about life, relationships, and the possibilities of divorce. In discussions about prenups, people often overlook other areas where they may bring clarity. For example, if one spouse with children from an earlier relationship passes away without a will or trust and the widowed spouse remarries, the children of the deceased spouse may feel it unfair that their step-parent’s new spouse may receive some ownership in property and other assets that the children’s natural parent left behind. A prenup that was agreed upon before the deceased spouse married can help clarify which assets the children have claim to and which they do not. You may want to consider a prenuptial agreement if you own real property or other investments, have a retirement account, or have children who are not related to your spouse. If you own a business outright or have decision-making power in another business, asking your future spouse to sign a prenuptial agreement may be among the most responsible things you can do to protect that business. Even if you are part of a small startup that has yet to see any success, a prenup can be of monumental importance since your startup’s value could potentially skyrocket or even be on the hook for substantial debt in the future. In fact, if you are marrying someone invested in a startup, a carefully drafted prenuptial agreement can help you avoid debt liabilities, credit woes, and other pitfalls that sometimes come with the startup territory. For more information on prenuptial agreements and to determine whether or not you need one, contact an experienced attorney specializing in these types of documents. Most experts advise against trying to draft a prenup on your own as each state has separate requirements for prenuptial agreements, and a document that doesn’t adhere to these requirements may not be legally binding in the end. To ensure fairness, it is also advised that each person have their own attorney review a prenup before signing. Our article archives can also supply you with a wealth of information on marriage, divorce, and prenuptial agreements. With a better understanding of what prenuptial agreements entail, some of the misconceptions people have about them, and how they may protect individuals entering matrimony, it is clear that prenuptial agreements, in theory, do not have to be controversial at all. "
How To Write A Character Reference For Child Custody,"From court hearings to internal family disputes, child custody cases are trying battles in many ways. And while each family’s situation is different, parents in child custody cases have one job – to convince a judge that being in their child’s life is in the best interest of their son or daughter. Aside from having a stable job, a home and a healthy relationship with the child, one of the most effective ways to prove fitness as a parent is with a character reference for child custody. Just like a reference letter for a job, a character reference for child custody speaks on behalf of a parent – explaining why he or she should have custody of his/her child. These letters give a judge a more personal, in-depth look at how involved the parent has been, as well as how the parent has positively impacted the child. Essentially, a character reference for child custody argues for the parent to be a part of the child’s life.  Typically, the parent seeking custody should ask close friends and family to write character references. This is because they have the most credibility, being the ones to witness first-hand the relationship between the parent and child, as well as how the parent has handled the challenges of co-parenting thus far. Other people that may have enough insight on the parent-child relationship are neighbors and co-workers who have known the family for some time. However, just because a parent asks someone to write a character reference for child custody does not necessarily mean that the person should agree. One should only write a letter if he/she genuinely believes that the parent requesting is a positive addition to the child’s life. The parent seeking custody may want to ask a few individuals to write a reference letter. Later, the parent’s attorney may decide which one to submit or may choose to submit several. Doing some brainstorming before writing the letter usually makes the process much easier. Begin by considering examples of behavior between the parent and child that you have witnessed. You do not have to describe each example in the letter, but each instance may help you to distill the relationship between parent and child. For example, looking at your list you might conclude that the relationship is warm, loving, and stable. This will also help you develop a sense of authenticity as you are writing the letter. A character reference for child custody does not need to be written in a formal, business tone. Remember to keep the tone of the letter friendly and conversational. Don’t feel the need to use legal terms. It should be written in your own voice, which will depict a level of honesty and care you have for the parent you are writing about.  It also isn’t necessary to write an overly long letter. One page typically will suffice. Begin the first paragraph by: In the next one to two paragraphs, describe two or three of the items from your brainstorming list. You don’t necessarily have to include events where the parent proved their devotion under extraordinary circumstances. Judges are frequently more interested in the child’s day-to-day welfare. You might also include something about: As a final paragraph, sum up why you think the parent is the best candidate for receiving custody. Provide your contact information if you have not included it elsewhere. Keep in mind that the character reference for child custody is intended to recommend why a particular parent is the right individual to care for a child. Accordingly, the character reference letter is not the place to bash the other parent or point out where the other parent may have failed in their responsibility. Maintain a focus on the good parenting skills shown by the other parent.   To learn more about child custody, take a look at How to Prove a Parent Unfit for Child Custody. "
How To Look Up My Court Date Online,"Looking for an upcoming court date? Whether you are scheduled to appear in court, or you are looking on behalf of the defendant, there are few simple ways to find your court date both online and offline. In this article, we will walk you through the information you will need to find your scheduled court date, as well as what to do if you are not able to find it online. Keep in mind, failing to show up in court at the required time and date may cause you to forfeit your case, be liable for fines, or even receive a warrant for your arrest. Many courts allow individuals to look up their court dates online in order to save time and improve attendance. Searching for your court date online is fairly simple. Before you begin the search for your court date, make sure you have your case or citation number available. This will make looking up your court date online or over the phone much easier. Any official information you’ve received regarding your case will include your case number. This includes police reports, court documentation, or official notices. The case number may be very long, and its format will vary between jurisdictions.  If you are unable to find your case number, you may still be able to track down your case record and find your court date online. Most states have an online database that houses case records. Local county clerks will typically update the database regularly. To use the search engine, you will need the first and last name of the defendant, at least.  To find this search function, start by typing your state of residence into a search engine, followed by “court date lookup.” The first result should say something along the lines of “Find Courts,” “Search Records,” or “Court Calendar Search.” Click the link, and enter the appropriate information into the search engine.  Some of the more comprehensive court date lookup tools will provide you with: However, this varies by state, and some jurisdictions do not provide an updated database for users to look through at all. There is a separate court date lookup tool you can use if the case is covering a federal offense, or an appeal of a previous case at the federal level. You can find information on a federal court case with the Public Access to Court Electronic Records (PACER) tool. According to the United States Courts website, “PACER allows anyone with an account to search and locate appellate, district, and bankruptcy court case and docket information.” There is also a tool called the PACER Case Locator if you aren’t sure which court your case is under.  PACER database is updated daily.  While doing a simple Google search is the preferred method of finding information, giving the county clerk a call is the next best option. You can find the county clerk’s contact information by going to your county’s website. When you call, provide them with your first and last name, as well as your case number if you have it. Simply explain that you want to confirm an upcoming court date and time, and they will be able to search through the case records to find it.  You can also ask a lawyer that is involved in the case for information about your court date.  If you are a resident of Washington, you can find your court date online through a specialized search engine hosted by the Administrative Office of the Court for the State of Washington. After a case has been opened, county clerks will enter the information into a database that allows you to search for your court date, time, and case number.  The North Carolina Judicial Branch also hosts a website that allows you to look up your court date online. This search engine is a bit more user-friendly than Washingtons. This resource offers comprehensive information about your court date, including where your court hearing will take place, as well as the specific date and time of the hearing. The website also allows you to search for a citation or case number. All you need is your name or the defendant’s name if you are looking for someone else’s court date.  North Carolina’s Judicial Branch website also lets you view Civil Court Calendars by County and Criminal Court Calendars by County. Each case is different, and sometimes details about a court case are not shared online. Typically, this has to do with juvenile or paternity cases, as well as other cases with sensitive subject matter. Another reason you may not be able to look up your court date online is simply that it may not be uploaded yet. Details about court cases are taken from official court documents, so if you just found out that you need to appear in court, you may not be able to find the court date online just yet. Regardless, it is your responsibility to find the date and arrive on time. Other options besides looking up your court date online are to call the court that you are scheduled to appear at and ask. If you have a lawyer, you may also reach out to him or her, and he or she will likely know the court date. "
What Rights Do Convicted Felons Lose?,"Convicted felons lose rights from voting to employment, depending on their state of residence. While some of the rights convicted felons lose may be restored over time, some of the rights are lost forever. Throughout the United States, some of the general rights convicted felons lose are as follows, varying state by state: Let’s take a look at each one of these rights convicted felons lose in more detail. Convicted felons are given restrictions within the law to help protect society. In addition to losing rights, convicted felons are also required to abide by certain regulations like regular drug screenings and sobriety treatment. Can felons vote? Voting rights for convicted felons vary depending on the state of their residence and incarceration. In some states, convicted felons lose rights to vote temporarily while they are serving the length of their sentence. Upon release from jail, they are able to vote once again. In other states, convicted felons do not lose the right to vote at any time, while some states do not restore a convicted felon’s right to vote unless further action is taken on behalf of the inmate. For instance, the convicted felon can apply for a governor’s pardon or withstand a “waiting period” after they’ve been released. They might have to complete terms of probation or parole, or pay any outstanding fines, as well. You may have heard the loss of felons’ voting rights referred to as “felony disenfranchisement.” To see how felony disenfranchisement works in your state, check out this map from the American Civil Liberties Union. Just as voting rights vary state by state, regulations dealing with traveling abroad vary by country. In the United States, if you are a convicted felon because of a drug-related felony, your passport may be revoked while you are serving out your sentence, including probation or parole. However, the US is not the only country that implements travel restrictions if you are a convicted felon. Other countries enforce strict border control when it comes to allowing convicted felons into their territory. Canada, for example, has access to information about convicted criminals in the US through the US National Crime Information Center. So, if you are a convicted felon attempting to travel from the US to Canada, you may receive a background check before crossing the border. This could result in not being allowed to enter the country. This is not the case for all countries, though. Many places do not have access to the same amount of information as Canada, so convicted felons can usually travel abroad without having any issues. It is possible for a convicted felon to receive firearm rights, though the process of doing so is easier in some states than in others. Gun restoration laws often require a convicted felon to either apply for felony expungement, petition for restoration of firearm rights, receive a governor’s pardon, or receive a federal pardon in order to have the right to purchase a gun again. Some of the most important rights that are impacted by a criminal record are employment rights. At the federal level, an employer is not allowed to use a prior conviction as a reason not to hire someone, unless the crime directly relates to the job. These include: At the state level, however, employment rights can look a bit different. Employers are allowed to consider a convicted felon’s criminal history when deciding whether or not to hire him or her. Many private employers will conduct background checks and choose not to hire felons. They are allowed to discriminate in this way, but it is not a requirement. In addition to not being allowed to serve on a jury in most states, convicted felons are not allowed to apply for federal or state grants, live in public housing, or receive federal cash assistance, SSI or food stamps, among other benefits. Depending on the crime, convicted felons don’t necessarily lose all parental rights, unless the person was convicted of a more serious offense – like murder. However, in situations where the convicted felon was the only parent involved in the child’s life, and the child was put into foster care for an excessive amount of time, the convicted felon may lose parental rights. And while convicted felons may not legally lose parental rights at the time of a conviction, it may affect parental rights down the line, especially in the case of custody battles or divorces. A felony conviction is almost always a red flag for any judge to award custody to the other parent. Most felons’ rights that are lost during incarceration will be automatically restored when they are released from jail. However, if you are unsure what your rights, discuss this with a criminal defense lawyer. Since some rights are not automatically restored in some states, like the right to purchase a firearm, you may want to discuss how to appeal this with the attorney. Another common reason convicted felons might need legal assistance is for child custody. If you have been in jail or prison and have lost your parental rights, speak to a child custody attorney to determine what you need to do upon your release. In addition to all of these lost rights, a felony conviction is a permanent stain on a person’s record. Even if these are not necessarily lost rights, he or she may find difficulty getting a lease, applying for a loan or filing official paperwork in any capacity. To learn more about the rights convicted felons lose, here’s a deeper look at employment rights and firearm rights. "
Best Way to Write a Professional Letter to a Judge,"Writing a letter to a judge can be extremely impactful if it is written properly. Whether you are writing as a victim or on behalf of a defendant, it must be written in business-style and in a professional tone in order for the judge to take the letter seriously. There are a few main reasons someone would need to write a letter to a judge. In many cases, family members or friends will write a letter to a judge before sentencing, to illustrate a defendant’s character. Other times, these letters are written by victims (or their family members) to showcase how the defendant’s actions have been damaging to them. The letter will express how the person on trial has impacted others — positively or negatively. It will ask for a specific outcome from the judge, whether it is a reduced sentence or maximum sentence. Another reason someone might write a letter to a judge is regarding custody of a child. Family members and friends of the parents and child may feel obligated to share their experiences with the adult and why or why not they would make a fit parent. Other reasons for writing include a request for an inmate’s early release or a recommendation for someone’s legal status. In this article, we will discuss how to write a formal letter to a judge, along with the proper format and a sample letter. If writing a letter on behalf of the defendant, talk about the positive aspects of the defendant’s character and explain how the sentence will affect the defendant and his or her family. A victim can write his or her own victim statement as well, which is quite impactful since he or she is the person most closely affected by the crime. If a family member or friend of the victim writes the letter, include statements regarding how others around the victim have been affected. The best way to write a letter to a judge is in business style, which is a formal way of structuring your message (outlined below). In addition to following a business-style structure, you should write the letter in a professional tone to ensure the judge will take your letter seriously. Write in the language you are fluent in, whether or not that is English. This will help you get your ideas across accurately and clearly, rather than writing in a language you are not entirely comfortable with. There will be someone available to the judge to translate your letter. You do not have to be a professional writer to draft a clear, concise, and accurate letter. However, the best way to write a letter to a judge is to pay very close attention to detail while writing, ensuring you run the letter through a grammar checker (like Grammarly) and spelling checker to remove errors. But remember, grammar and spelling checkers are not foolproof, so proofread your letter a couple of times before finalizing it. Start with the envelope, writing to the judge in this format: There is much more to consider than the professional tone — there is a precise and proper format to follow when writing a letter to a judge. If you choose to type the letter on a computer, get it printed on high-quality stationary or card stock, not regular printer paper. If you choose to write the letter by hand, again — use high-quality paper and stay away from lined paper. As you start writing the contents of the letter, keep everything left-aligned, starting with your information. Follow the order of this format, leaving a space in between each section: 1. Your Information (first thing that goes on the inside of the letter) 2. The Date 3. The Judge’s Information 4. What the Letter Is Going to Address 5. Salutation Before you write the address on the envelope and on the letter itself, be sure you know the judge’s proper title, whether it is Chief Justice, Justice, Chief Judge, or Judge. If you are unsure, you can look up this information on the Federal Judicial Center website. 6. Body  After addressing the letter, you will start by clearly stating who you are — your first and last name — as well as your occupation and your state of residence. If you are well known in your community, your family name or place of work might make you more reputable in the eyes of the judge. Next, express exactly why you are writing. Include the name of the victim or the defendant, how you know the defendant, and why you’re writing on behalf of them. Then, state specifically what you want the outcome to be. If you are a victim or writing on behalf of one, you can write about how the crime has affected the victim physically, emotionally, or socially. Explain how the victim’s life and the lives around him or her have been changed. If you are a defendant writing your own letter requesting leniency, you should include in the letter that you accept responsibility and explain what you will do to change your life. The letter should be no longer than one page. 7. Signature When signing the letter, you should close out with “Respectfully” or “Sincerely,” followed by both a typed and handwritten signature with your first and last name. (Name) (Address) (Date) Honorable (Name of Judge) Judge of (Name of Court) Mailing Address Re: Defendant’s Name, Case Number   Dear Judge (Last Name): My name is (first and last), and I am a doctor in the state of Nevada. I am writing on behalf of my brother, (defendant) to request that he receives primary custody of his two children, (name and name). The custody hearing is scheduled for (date). My brother has been an excellent father since both of his children were born, attending every sporting event, maintaining a well-paying, steady job, and taking them to church each week. Through his divorce from his wife, he remained stable and active in his children’s lives, never wavering in his love and support for them. In addition, he has familial support including myself, our parents, and our sister. Respectfully, (Name) While we’ve covered the best way to write a letter to a judge, there are some things that are not appropriate to write about, such as evidence for a case. If you have information about a case that has not been presented to the authorities, you are responsible for contacting the police and turning over the evidence. If you are a victim and need help communicating your story, here is our guide on How to Write a Compelling Victim Impact Statement. If you or someone you care about is facing the court system, you probably have lots of questions. A local attorney can evaluate your case for free so you can get some answers and peace of mind. "
How Can A Convicted Felon Receive Firearm Rights?,"The Second Amendment of the U.S. Constitution guarantees the right of all U.S. citizens to bear arms except in certain circumstances. One of these circumstances is if you are a convicted felon. Felons often find it difficult to have applications for firearm rights accepted, especially if they were convicted of violent crimes. For felons with a criminal record, it is harder but not impossible to legally own a gun. They just need to go through the necessary bureaucratic and legislative processes. So, how can a convicted felon receive firearm rights? Under federal law, convicted felons lose their firearm rights, which is a decision that stemmed from a law developed in 1934. At that time, the federal government mandated that no person convicted of a felony involving violence would be able to have his or her firearm rights restores. Since the Gun Control Act was passed in 1968, anyone convicted of a felony – whether or not it involved violence – loses his or her firearm rights. However, state laws may differ from those at the federal level. Varying state by state, gun restoration laws offer convicted felons opportunities to regain their firearm rights, and in some places, it is easier than others. For instance, in Indiana, a person can petition to the courts to have their firearm rights restored, and in Kentucky, a convicted felon can apply for expungement – but not until five years after his or her sentence has been completed. All in all, if you are looking to have your firearms rights restored, be sure to look into your state’s laws to ensure you are proceeding legally, with the correct information. Depending on whether the felony was a state or federal offense, a convicted felon’s process of getting the rights to bear arms will vary. This is known as adjudication and will involve contacting the Department of Justice in the state or one of several federal agencies. Many states and agencies have an existing form for felons to apply to have their civil rights restored. Generally speaking, these forms will only be accepted if the person can prove that their life has changed and that they are reformed. The person may be required to show proof such as a steady job and ties to the community, and they may need to wait a significant amount of time before being allowed to apply. The process involves finding this form and filing it with the appropriate authorities.  As previously stated, some states will allow convicted felons a second chance. Apply for felony expungement means the felon’s criminal records will be erased (as though the crime never happened), thus restoring his or her rights to purchase and carry a firearm (if applicable in his or her state of residence). Check your state’s website to determine what makes someone eligible for expungement, and discuss further with an attorney that is able to analyze your particular situation. If you are eligible for expungement in your state, you must first file a petition with the courthouse. After the proceedings, your record may be expunged, in which case you may be able to restore your firearm rights. Lastly, in some states, you may be eligible for a Petition of Restoration of Firearm Rights. Typically, the state will only consider you if you were charged with a crime unrelated to violence. Several states like California, Louisiana, New Jersey, New York, and Oklahoma will restore a convicted felon’s firearm rights if he or she receives a governor’s pardon. To receive a Governor’s Pardon, you must apply through your state of residence – but only if you are eligible. Here’s how to apply for a Governor’s Pardon. The only other federal recourse is to petition for a presidential pardon. This process requires the assistance of a lawyer and can restore a variety of civil rights including the right to hold public office in addition to the right to bear arms.  It is easier to get civil rights restored if a felony conviction was given by a state court rather than a federal court. However, a problem arises when state laws conflict with federal laws, which are often stricter and may take precedence even if the conviction was ruled by state authorities. If this is the case or if a felon had his conviction given by a federal agency, they will have to file with the:   The agency will then review an application to restore the rights to bear arms. The problem then becomes that this agency is notorious for simply failing to review the documents, leaving former convicts in a sort of legal limbo while waiting for their firearm rights to be restored. This is the case even if felons were not guilty of violent crime convictions. Because laws are ever-evolving, it can be confusing and rather difficult to attempt to restore your firearm rights if you are a convicted felon. However, there are gun restoration lawyers available to provide expert and realistic legal advice when it comes to receiving your rights again. Wondering what other rights convicted felons lose? Here are six other rights convicted felons lose after committing a crime. "
6 Different Types Of Alcohol-Related Crimes Explained,"There are many types of criminal charges a person can face after consuming alcohol. Many depend on the jurisdiction where a police arrest was made, and some may include charges relating to the consumption of other substances. These charges range from public drunkenness to driving while under the influence. While some may result in misdemeanor charges, others may carry more serious criminal charges resulting in jail time. It is important for everyone planning to consume alcohol in public or in private to be aware ahead of time of various state and local laws which may apply to consuming too much. In most states, operating a motor vehicle with a blood-alcohol content (BAC) level of 0.08 or higher is illegal. Those driving commercial vehicles, such as trucks transporting goods, may be charged with drunk driving with a BAC of only 0.04 or higher. In some states, BAC levels which may result in a drunk driving charge may be even lower for regular drivers. For example, in Utah, a person can be charged with driving under the influence with a blood-alcohol content of only 0.05. Alcohol-related charges do not only involve driving a motorized vehicle while under the influence of alcohol, however. In some jurisdictions, riding a bicycle, a lawnmower, or even a skateboard with a BAC of 0.08 or more may result in an arrest. While most tend to think that alcohol-related charges stem from driving, the fact is that there are several other offenses which can be applied to a person who has consumed alcohol above the legal limit, and people should be aware of them before they choose to do so. Driving Under the Influence – Often referred to as a DUI, DWI, or OVI, driving under the influence of alcohol or drugs is one of the more serious charges one can garner. Wet Reckless – Reckless driving may be a crime in and of itself. However, when a driver has consumed alcohol and is suspected of reckless driving, this is known as a wet reckless in some jurisdictions. This charge may differ from a DUI in that a person’s BAC may technically be within the legal limit or considered to be right at the limit’s borderlines. Commonly cited as a misdemeanor or infraction, a wet reckless can be counted as a prior DUI conviction if a person is ever stopped for a drunk charge a second time. Whether driving under the influence or a wet reckless charge applies, alcohol-related charges typically include an arrest and a court appearance. Beyond a brief time spent in jail and the inconvenience of appearing in court, alcohol-related charges can also lead to: It is not uncommon for people to also lose employment after incurring certain types of drunk charges, too. Each of these penalties is used as hopeful deterrents to future alcohol-related crimes. Although exact charges and penalties vary from state to state, most apply a variation of all of the above. The types of alcohol-related charges and their subsequent penalties may also depend on whether it is a person’s first offense or if they’ve had previous offenses. While DUI-related offenses are the most common types of drunk charges, others do not involve a moving vehicle and may include: Merely being drunk in public may be a crime in some municipalities. Typically, these laws are enacted so that the general public doesn’t have to come into contact with people who are under the influence of drugs or alcohol. Under this category, “drunk walking” may also be considered. While not a legal charge, people walking while intoxicated are less likely to observe safety laws, which may lead to injury or death. As such, police may observe someone walking while under the influence of drugs or alcohol and stop them for public intoxication as an effort to prevent such accidents. It is no secret that bad conduct is sometimes fueled by alcohol. Laws against drunk and disorderly conduct are similar in design to those of public intoxication. People who are belligerent or who become a nuisance while intoxicated can be cited or even arrested for drunk and disorderly conduct when in a public place. Typically, this does not include social gatherings where alcohol is being served but relates mostly to places where others are not drinking and drunken behavior is considered offensive, threatening, or is causing a spectacle. The legal drinking age in most of the United States is 21 years of age. In some U.S. territories, the age may be 18 years of age. Minors found consuming alcohol before the legal age may be cited or arrested for underage drinking. Anyone found giving an underaged person alcohol can be charged with a crime. Selling alcohol to a minor or purchasing alcohol on behalf of a minor falls under this category. Also known as contributing to the delinquency of a minor, providing drugs or alcohol to a child are expressly forbidden by law. Other, more serious, offenses may not be specifically classified as types of drunk charges, but are commonly associated with intoxication and may include: Everyone consuming alcohol should be aware of the effects of consuming too much. The same applies to people partaking of mind-altering drugs, even when prescribed by a doctor. Various types of criminal charges may be applied if police stop a person suspected to be under the influence and other crimes committed under the influence can be life-altering. The acronyms used to describe the different types of drunk driving charges may also be different. Here is a brief list of those used in different municipalities: While reviewing the different types of alcohol-related charges, it is worth noting that having an open container of alcohol inside a car or truck is also illegal in most jurisdictions. This can lead to charges whether or not any alcohol has actually been consumed. In fact, currently, 43 states have “open container” laws. Under these laws, each and every adult passenger, as well as a driver, may be cited for an alcohol-related charge. Penalties for these charges may increase in severity if a vehicle crash occurred while an open container of alcohol was present inside the car or truck. While the types of alcohol-related charges can vary according to the jurisdiction where they were first applied, all charges carry some sort of legal penalty if a person is found guilty. Convictions can damage a person’s personal and professional reputation, as well as have a direct impact on employment and future earnings. Such can also be expensive as legal fees, fines, impound costs, alternative transportation expenses, and costs relating to property damages may apply. Certain types of drunk charges can certainly affect one’s ability to drive a moving vehicle in the future and some may even result in a person being jailed or imprisoned. For those of legal age to drink, being intoxicated is not a crime. However, many restrictions and responsibilities accompany drug and alcohol consumption. Being aware of these before making the decision to drink alcohol can help a person avoid serious charges and their repercussions. Anyone suffering from alcoholism or other forms of addiction should seek immediate medical attention. However, it should be noted that a person does not have to be an alcoholic to encounter one of the aforementioned types of drunk charges. For more information on the different types of drunk charges, visit our library of legal articles on this topic. If you or someone you know has been charged with an alcohol-related crime, becoming familiar with the specific types of charges in your state is recommended. Legal help should also be sought from a qualified attorney in your area who specializes in all types of drunk charges. "
What Can You Do at 18 Legally?,"Turning 18 is a milestone for any young adult, from gaining legal rights and responsibilities to feeling a newfound sense of freedom and maturity. While it’s an exciting time in any person’s life, it’s important to understand exactly what factors change when you turn 18 in order to establish yourself as a respected and valuable member of your community. From purchasing fireworks to registering to vote, here’s what you can legally do when you’re 18: If you’re nearing the age of 18, you have likely seen the meme circulating on social media that says “don’t grow up, it’s a trap.” Maybe you rolled your eyes or became overcome with fear — but either way, adulthood is inevitable. And while most 18-year-olds in the United States still live with their parents, they are legally allowed to do many new things upon entering adulthood. It is important to keep in mind that the responsibilities and consequences of being 18 are much more severe than they were as a minor. You are legally responsible for all of your actions, assets, and decisions. Cheers to 18 years! The 26th amendment to the Constitution, enacted on July 1, 1971, established the legal voting age for Americans as 18. You can vote in all national and local elections once you are registered to vote. As a legal adult, you can enlist or be drafted into a branch of the military. To help save the lives of others, you can register to donate blood, as well as become an organ donor. As a minor, you were only allowed to work a certain about of hours at your job because of child labor laws. But as a legal adult, you can work full-time and overtime. From scratch-off tickets to the Powerball, anyone 18 and older can play the lottery. If you work for a company that has heavy equipment or provides transportation services that require special driving permits; you can now train for and acquire a special driving license. The legal age to buy tobacco products has recently changed from 18 to 21 in some states across the US, but the majority of states have kept it at 18 years old. States that have changed the age to 21 include Hawaii, California, New Jersey, Oregon, Maine, Massachusetts, as well as 350 cities. Most states have a legal curfew for minors when it comes to the time they are able to be out driving at night. If pulled over past a certain hour, a person under 18 would receive a traffic violation. The federal government has established 18 as the age of consent to legally engage in sexual activities with another person aged 18 or older. The age of consent may be younger or older according to your state’s law. Having a job may be a requirement for loan approvals. Credit card companies are known to target the younger crowd. You can apply for your first credit card without a cosigner once you turn 18. Before eighteen, you have to have a parent accompany you when you go to get a tattoo or piercing. If you aren’t happy with the name your mom and dad gave you when you were born, you can now name yourself something different by filing a petition in the local civil court. Anyone who is 18 years or older and mentally competent can file a lawsuit. When you turn 18, you can get married without parental approval in 48 of the 50 states. Mississippi requires you to be 21, and Nebraska requires you to be 19 before you can get married without parental consent. Legally, you can adopt both a puppy and a child when you turn 18. Your likelihood of getting approved for either, however, is another story. While it seems like a far stretch, it’s a great idea to develop a Will earlier in life to ensure your assets are accounted for if anything were to happen to you. For obvious reasons (graffiti, safety, etc.), there are certain items you cannot buy until you turn 18 years old. Now that you can apply for a loan and work full-time, you can also purchase more expensive investments like land, a home, or a vehicle. Unless you apply for emancipation, you are legally supposed to be living at home with your parents until you are of age to move out. 1. If you are a male, you are required to register with the Selective Service System within 30 days of turning 18. According to the law, you can be prosecuted if you do not register. If convicted, you can be fined up to $250,000 and/or spend up to five years in jail. 2. As a legal adult, you are now responsible for your actions. If you violate any law, you will be charged as an adult. 3. You can be selected for jury duty. 4. You are legally obligated to pay all debts you incur. While turning 18 comes with many new opportunities, rights, and responsibilities, there are a few restrictions that have yet to be lifted, like purchasing and drinking alcohol (21 years old), purchasing tobacco products in some states (21 years old), going to a casino (21 years old), and renting a vehicle (20 to 25 years old). For more details on your rights and responsibilities as a legal adult, check out additional information on Privileges of Turning 18. Now that you’ve turned 18, the stakes are higher. If you have a legal matter that you need help with, get a free case evaluation from a local attorney. "
What Does Fed OASDI/EE Mean on a Paycheck?,"OASDI/EE is an acronym meaning, “Old Age, Survivors and Disability Insurance/Employee Expense.” It is, however, also known by a much more common name — Social Security. The program began in 1935 with the Social Securities Act and is a wide-reaching program that affects many Americans every year. Benefit payments paid through the Social Security program are financed through the OASDI/EE tax on employees and employers (employers must match the percentage paid be each employee).  The Fed OASDI/EE tax provides the funds to pay out Social Security benefits. These benefits cover a wide range of recipients and causes:      There are different types of benefits under the OASDI/EE (Social Security) umbrella. Paying the OASDI/EE tax does not necessarily automatically make an individual eligible for Social Security retirement, survivors, and disability benefits, but it does affect how much of those benefits an individual is able to collect upon becoming eligible.    To qualify for Social Security benefits, an individual must earn a certain number of credits over time. These credits are based on earnings and, combined with work history, are used by the Social Security Administration (SSA) to determine eligibility for retirement and disability benefits or a family’s survivors benefits.    In 2021, an individual receives one credit for every $1,470 of earnings up to a maximum of four credits each year. Every year, the amount of earnings required to gain a credit goes up a small amount to reflect the increase of average earning levels. As outlined by the SSA, here is some eligibility information for various types of Social Security benefits:   Retirement Benefits: “Anyone born in 1929 or later needs 10 years of work (40 credits) to be eligible for retirement benefits.”   Disability Benefits: “How many credits you need for disability benefits depends on how old you are when you become disabled.   Survivors Benefits: “When a person who has worked and paid Social Security taxes dies, certain members of the family may be eligible 4 (over) for survivors benefits. Up to 10 years of work is required to be eligible for benefits, depending on the person’s age at the time of death. Survivors of very young workers may be eligible if the deceased worker was employed for 1½ years during the three years before his or her death. Social Security survivors benefits can be paid to:    In general, Social Security benefits fall under three categories: Retirement benefits are available for workers 62 and older or who have earned at least 40 Social Security credits. While there are many intricacies retirement benefits, two aspects are particular important to note — average indexed monthly earnings (AIME) and full retirement age (FRA).   Along with the age at which an individual begins collecting benefits, the AIME determines the size of the benefit checks. The Social Security Administration calculates this amount. According to the SSA:   “When we compute an insured worker’s benefit, we first adjust or “index” his or her earnings to reflect the change in general wage levels that occurred during the worker’s years of employment. Such indexation ensures that a worker’s future benefits reflect the general rise in the standard of living that occurred during his or her working lifetime.   “Up to 35 years of earnings are needed to compute average indexed monthly earnings. After we determine the number of years, we choose those years with the highest indexed earnings, sum such indexed earnings, and divide the total amount by the total number of months in those years. We then round the resulting average amount down to the next lower dollar amount. The result is the AIME.” — Social Security Benefit Amounts, Social Security Administration    An individual must wait until their Full Retirement Age (FRA) to collect standard benefits based on their AIME. For people born between 1943 and 1954, the FRA is 66. The age then increases by two months every year after 1954 until reaching age 67 for people born in 1960 or later.  Social Security disability benefits for adults 18 years old or older who can’t work because of a physical or mental disability that is expected to last more than 12 months or end in death. The 40-credit threshold isn’t always necessary to collect these benefits and the amount of each check is determined by average lifetime earnings. This means someone who worked longer before becoming disabled will collect more in benefits than someone who worked for a shorter time.   The application for Social Security disability benefits should be followed closely to ensure a timely decision. The general process for applying (as collected from the Disability Benefits section of the SSA website) is:   Social Security survivors benefits are for family members of deceased workers who were collecting or who were qualified for Social Security. Spouses 60 or older (50 or older if they’re disabled) can claim these benefits and spouses of any age can claim these benefits if they are caring for the children of the deceased. Ex-spouses can also claim these benefits if they were married for at least 10 years and have not remarried.    Children of the deceased are eligible for benefits if they are 18 (19 if still enrolled in high school) as are disabled children of any age if they became disabled before age 22. Parents of the deceased may also be eligible for benefits if the deceased was providing at least 50% of financial support before death.  Each year, there is a limit to the amount of earnings subject to the fed OASDI/EE tax. This calculated by a response to changes in the national average wage index. There is also a “taxable maximum.” The taxable maximum is the limit of earnings that are taxed.    The fed OASDI/EE 2021 tax rate is 6.2% with a taxable maximum of $142,800 (an increase from 2020 taxable maximum of $137,700). This means 6.2% of your wages are taken out of your paycheck and put toward the OASDI/EE program. It also means an employer must match that 6.2% for each employee. With the maximum taxable amount of $142,800 and the tax rate of 6.2% in place, an individual earning $142,800 or more would contribute $8,853.60 to the OASDI/EE program in 2021.                Those who are self-employed, such as freelancers, business owners, and independent contractors, have to pay 12.4% of their gross income to Social Security. This accounts for both the employer (6.2%) and employee (6.2%) share of the Fed OASDI/EE tax. However, there are certain tax deductions self-employed people can claim to avoid paying as much in taxes.   It’s important to remember that the maximum taxable amount does not change for an individual who is self-employed — just the OASDI/EE tax rate itself. Let’s take a look at the breakdown of individual 2021 fed OASDI/EE taxes and payment limits for self-employed individuals again.         Whether you are employed by a company or are self-employed, knowing where you stand when it comes to income taxes is extremely important to avoid under or overpaying the IRS.   When Fed OASDI/EE tax rates increase, it reflects a cost-of-living adjustment (COLA) for citizens on Social Security. The size of the COLA depends on inflation rates. As prices of necessities go up, individuals receiving Social Security need to have their benefits increased to keep up with the cost of living.   Employees need to remember that that Fed OASDI/EE tax is completely different from federal income taxes. The federal income tax is just what it sounds like. It is the amount of your income that is taxable. Federal income tax is determined by how much you earn and how many dependents you claim. For example, an individual can claim themselves, their spouse, and each of their children as dependents.   The federal government uses withholding tax to fund food stamps, housing assistance, national defense, meals for school children, and energy assistance. Federal income tax also pays for infrastructure and research.   A 1.3% COLA went into effect on December 31, 2020. For a look at the history COLA amounts throughout the years, consult this chart from the SSA.  The fed OASDI/EE tax amount can change annually, and the amount is set by law. The taxable maximum, however, changes based on fluctuations in the national average wage index. Because of these    The fed OASDI/EE 2021 tax rate is 6.2% (and has been since 1990) and the taxable maximum is $142,800. 6.2% of earnings are taken out of a paycheck and put toward the OASDI/EE program. It also means an employer must match that 6.2% for each employee.   If the taxable maximum changes in 2022, an individual’s total contribution amount could also change depending on their earnings. It’s also possible, however, for an individual’s fed OASDI/EE tax contributions to change during the year.   For some individuals, it can be possible to see changes to the amount of earnings taken out of a paycheck over the year. The most common reason for this change is because of reaching the maximum taxable amount for that particular year.   For instance, the maximum taxable amount for Fed OASDI/EE in 2021 is $142,800. That means 6.2% (the Fed OASDI/EE tax rate in 2021) of an individual’s earnings is taxed up to $142,800. If, throughout the course of the year, an individual’s earnings exceed that $142,800 maximum taxable amount, it’s possible to see an adjustment on the earnings afterward.  Yes, OASDI/EE tax is mandatory for the majority of both employees and employers. There are certain exceptions, but they typically don’t apply to the average individual. These include:   Yes, OASDI/EE (along with the Medicare tax, Fed Med/EE) is what is generally referred to as federal withholding tax. These taxes are funds that are remitted by a payer (usually an employer) on a payee’s behalf (usually an employee). The 6.2% OASDI/EE tax is part of that process.   OASDI/EE taxes are based on a flat percentage of an individual’s salary (6.2% in the case of 2021) and do not allow for any deductions like one might apply to income tax. Because of this, refunds on OASDI/EE taxes are uncommon — but not impossible.   If an individual’s maximum tax amount is reached by wages earned by one employer ($142,800 for 2021) and that same individual earned more wages from another job, OASDI/EE taxes would still be taken out of the second position’s earnings. Because this amount would exceed the maximum tax amount, that individual would need to file for a credit on their tax return.     As outlined above, needing to file for a refund on OASDI/EE taxes is fairly rare. There are, however, instances in which an individual will need to file for a refund if the maximum taxable amount was reached and more OASDI/EE taxes were paid.   In these circumstances, the overpaid amount must be filed in the individual’s tax returns. This is done on Form 1040, Line 71 — Excess Social Security. By adding up the amount of OASDI/EE taxes on each W-2 an individual receives and then subtracting the maximum taxable amount from that total ($142,800 for 2021), the amount of Social Security tax credit can be calculated.  Because of the COVID-19 pandemic, a plan was put into place allowing employers the option of deferring OASDI/EE taxes from September 1, 2020 through December 31, 2020. While the original notice required employers to pay the deferred taxes ratably from employee taxes from January 1, 2021 until April 30, 2021, the IRS announced a new timeline in January 2021. The Consolidated Appropriations Act, 2021, (signed into law on December 27, 2020) extended that pay period to the entire year of 2021 — January 1, 2021 through December 31, 2021. Payments made by January 3, 2022 will be deemed timely due to December 31, 2021, being a legal holiday. Penalties, interest, and additions will now start to apply on January 1, 2022, for unpaid balance.   If an individual’s OASDI/EE taxes were deferred by an employer, the collection of those taxes could have already begun. An employee in such a position should contact the payroll department for information on the exact collection schedule. "
What Is a Police Welfare Check?,"If you have a family member, friend, or neighbor that you are concerned about, it may be time to contact the police to do a welfare check. Whether it is an elderly person that may have passed away in their home, a person having suicidal thoughts, or a neighbor that appears to be in danger, a wellness check can be a lifesaver. In this article, we will discuss what a welfare check is, when it is appropriate to request one, and how to ask the police for one. A welfare check, also known as a wellness check, is when police stop by a person’s home to make sure they are okay. Requests for welfare checks are made by friends, family, and neighbors, typically after someone unexpectedly stops answer their phone or getting in touch with others. Most people think of the police as patrolling the streets looking for wrongdoers or responding to calls. What many people don’t realize is that the police in their community are also available to conduct welfare checks. This essential law enforcement function is an important tool for building safe communities. Wellness checks were once associated with the elderly, but have recently been a critical tool for the safety of many young people in the country. With the rise in suicide rates among adolescents and young adults, police are doing welfare checks more and more often for those who are at risk of taking their own lives. Here are common reasons to contact the police about a wellness check are: Regardless of the situation, it is important that you are certain a loved one is in danger before you request a police welfare check. The first step is to get in contact with local law enforcement authorities. You may call 911 if you have reason to believe that there may be an emergency situation in progress. However, you can also contact the police through a non-emergency phone number. Either way, you will need to get in touch with the local police department in the person’s town where the welfare check will be conducted. If you live in that same area, you may be permitted to accompany the authorities. It is also possible to request a welfare check in another jurisdiction. For instance, if a relative living in another state has not responded to your attempts to contact them for some time, you may want to ask for a welfare check at their residence. It is important to proceed with caution. You’ll want to be reasonably certain that your relative’s behavior is out of character and have reason to believe that something is truly amiss before calling the police. No court order is required for the police to conduct a welfare check. Essentially, as long as they have reasonable grounds to believe that an inhabitant in a residence in endangered, they can legally enter the premises. They typically knock on the door and await a response before announcing their law enforcement affiliation. If they still receive no response, they may enter the property. This is particularly useful when someone inside the house is unconscious or otherwise unable to respond. The ability to enter the property without permission means that emergency aid can be rendered. In some cases, this is a life-saving intervention. At the time of the call, most people don’t think about what’s to follow after the authorities check on the individual. If the police go to the location and find that the person is in good health — and it was likely a miscommunication why you were unable to get ahold of him or her — they will notify you to let you know. However, if the police find the person injured, sick, or already deceased, they will call for medical assistance immediately, as well as contact you to come to the scene (they will stay at the home until you arrive). And lastly, if the individual is found dead and there was any foul play involved, a criminal investigation will follow. And while there are countless reasons why someone may request a police welfare check, the most common reason is to check on an elderly person who lives alone. If you’ve never requested a welfare check or experienced one yourself, you may have seen this topic covered on the news. One of the most broadcasted police wellness checks was done at actor and comedian Pete Davidson’s home. Most people know Davidson for his time on Saturday Night Live, as well as his short engagement to Ariana Grande. Following their split last winter, Davidson shared some disturbing thoughts via Instagram, prompting someone in his life to call the police and ask them to check on him. Davidson posted the following cryptic message: “I really don’t want to be on this earth anymore, I’m doing my best to stay here for you but I actually don’t know how much longer I can last. All I’ve ever tried to do was help people. Just remember I told you so.” Fortunately, an officer from the New York Police Department did a wellness check and later reported that Davidson was out of harm’s way. Another welfare check that made the news recently didn’t end as well as Davidson’s. According to CNN, a wellness check went “deadly” when police went to check on 28-year-old Atatiana Jefferson in her home after a neighbor requested a welfare check for her. Upon arriving at her home, an officer shot and killed Jefferson. Are you having difficulty with a family matter? Have your case evaluated for free by a local attorney who can help you take the next steps. "
The Legalities Of Hate Speech,"Often discussed on a variety of platforms, hate speech and the legalities associated with it can be a hotly debated topic. Hate speech is loosely defined by laypersons as any offensive speech targeted toward people based on race, religion, sexual orientation, or gender. Opinions about how such speech should be handled by legal authorities vary. Few seem to be familiar with the actual legalities of hate speech, and it is not uncommon for it to be confused with other crimes where hatred is believed to be a motivating factor. In the United States, there are no laws against hate speech. Due to rights protected by the U.S. Constitution’s First Amendment, a person can say just about anything he or she wants to another person or group. By itself, such speech is allowed to take place without penalty under the law. A person hurling insults, making rude statements, or disparaging comments about another person or group is merely exercising his or her right to free speech. This is true even if the person or group targeted by the speaker is a member of a protected class. According to U.S. law, such speech is fully permissible and is not defined as hate speech. Under the First Amendment, American citizens have the legal right to say whatever they’d like to. While much ado is often made about so-called “hate speech”, no satisfactory definition for this type of speech exists within the confines of the law. Not to be confused with “hate crimes,” a person’s speech does not affect another person’s physical condition or personal property and is, therefore, not punishable by law. There really aren’t any exceptions to this rule, but there are accompanying circumstances which can lead to a crime. For example, harsh words can feel threatening, and such a threat may result in criminal charges. Depending on the jurisdiction where the threat takes place, charges can range from a terrorist threat to harassment to criminal assault. For example, a person who makes bigoted statements while threatening bodily harm to a person of the Muslim faith can be charged with a crime. Charges would not be brought about simply due to any insulting language used, but charges may be applied because it is illegal to make threats against a person. For the same reasons, this would also include inciting violence against a group being discriminated against. Again, it is not the speech that is deemed to be illegal, but rather what the speech is threatening or encouraging others to do. It should further be noted that individuals employed by the Federal Government are not allowed to discriminate against any members of a protective class. Therefore, any speech representing hostility or disdain for a member of a protected class, may not be illegal but may result in the dismissal of the employee making such statements. Members of a protected class are identified by: If allegations of hateful speech are proven, a person found guilty of discriminating against one of the above groups would not be legally charged with hateful speech but could be declared guilty of discrimination and summarily dismissed from work. A 1969 U.S. Supreme Court case ruled it was perfectly legal for Clarence Brandenburg, a Ku Klux Klan member in Ohio, to speak in favor of violence toward minorities as long as he was not directly encouraging people to engage in violence or other activities that were against the law. So, while the court did not deem his speech to have broken the law, a line was drawn between speech supporting or favoring violence and speech that actually directly incites violence. The former is protected by law, but the latter is an actual crime.   In 2011, the U.S. Supreme Court ruled against Westboro Baptist Church being punished by way of a civil judgment for actions many Americans deemed to be hateful. The church based in Topeka, Kansas, is known for showing up at the funerals of gay people and others whose lifestyles the church vehemently opposes, taunting and ridiculing grieving loved ones at the funeral services. They accomplish this by picketing outside with large signs displaying hateful rhetoric, as well as by shouting slurs and insults, and even by giving provocative media interviews using language mimicking what is displayed on their signs. Despite the public’s demands for local law enforcement to stop Westboro Baptist Church from spewing such offensive language and ideas, the Supreme Court insists that their right to free speech is fully protected under the law. Some Americans have advocated in favor of the creation of hate speech laws. Resistance to the adoption of such stems from a failure to clearly define what hate speech actually is, though. Activists have also been challenged to clearly separate hate speech from free speech without infringing on a person’s right to the latter. While the United States Constitution can be amended as it has been many times before, no one has yet been able to solve the difficulty of doing so as it applies to hate speech. Doing so would require taking away a person’s right to free speech. A single and solid definition of hate speech, which does not violate the First Amendment, continues to be difficult for courts to accept and probably will be for some time to come.  A person’s speech can be used against them in establishing the occurrence of a hate crime. In some cases, it can be argued that a person’s offensive speech is literal evidence of a certain type of crime. For example, if a person is repeatedly called a racial slur, no crime has been committed. However, if the person is then assaulted by the person making those slurs, it can be argued that disdain for the person’s racial identity served as a motive for the crime against them as evidenced by the language used preceding or during the assault. If the assailant was found to be guilty and it is proven that their actions were motivated by bigotry, the offender could be charged with a hate crime. Making sense of the difference between hate speech and hate crimes hearkens back to early childhood when we all learned about sticks and stones. Actions causing harm to person or property are a crime. Name-calling and degrading speech are not. Unless or until speech directly encourages or includes harm to a person’s body or property, it is protected as an American right. Outside of the U.S., countries like Austria and Germany have strict laws against hate speech. Certain Neo-Nazi groups have found ways around anti-hate speech laws in those countries when it comes to disseminating information on the Internet. Using servers based in the United States, these groups have created websites filled with hateful rhetoric. Such sites would be illegal if associated with servers based in their home countries, but as they exist on American servers, they are completely protected by the First Amendment. Russian citizens, in particular, have struggled with differentiating free speech from hateful speech. In less than a decade, multiple laws have passed making it difficult for Russian citizens to speak publicly, especially via social media, about any discontent with the country’s government or even with certain religious authorities, such as the Russian Orthodox Church. While Russia’s Constitution shuns censorship and claims to protect freedom of thought and expression, those espousing critical viewpoints may be subject to a fine, community service or prison. To hate a person or group is not a crime in America. To voice one’s hatred is not a crime, either. Hate speech is very difficult to separate from mere opinion, and without a definition everyone can agree upon, words and statements may be interpreted by some as offensive while others may find the exact same speech perfectly acceptable and cite one’s freedom of expression. If you still have questions about hate speech, including how it may be used in determining a hate crime, you may read more about the First Amendment or consult a civil rights attorney in your area.  "
Why Do Policemen Touch Your Tail Light When They Pull You Over?,"Whether or not you have ever been pulled over in your vehicle by a police officer, you have probably wondered about this age-old strategy: policemen touching tail lights when they pull you over. This occurs when a police officer gets out of his or her vehicle and approaches yours, but rather than heading straight to your window, the policeman will touch your tail light first. Rest assured this practice is completely legal and common, dating back decades — at first being implemented to mitigate the risk that police officers are often exposed to when practicing traffic law. So why do cops touch tail lights, exactly? While most times a police officer approaches a vehicle, nothing out of the ordinary will happen. But, there is always the risk of danger, especially with violence against police increasing each year. Police need to be able to examine a vehicle quickly before approaching it, and touching/tapping a tail light can tell cops a lot about the person being pulled over. For instance, this tactic can give the officer an idea of the driver’s mental state. Did the driver get startled when the officer touched the tail light, or were they too distracted by something else? Are they driving under the influence or hiding a weapon? These are questions officers must consider in the moments before approaching the driver. And while there are several theories about why cops touch your tail light, here are a few of the most common reasons. Inevitably, police officers are going to run into unsafe situations when they pull people over. Sometimes drivers will have illegal substances or prohibited items in their cars like guns, ammunition, or drugs. Naturally, if the driver does have something illegal in the vehicle, he or she will want to hide it before the officer approaches the window. So, one of the reasons why cops touch tail lights is to startle the person inside. The driver is likely not expecting the noise of the tap, which typically causes him or her to stop for a moment, giving the police officer additional time to witness what the driver is trying to hide (if there is anything). The continuous practice of this surprise tactic has proven: However, the practice of touching the tail light of vehicles can put our police officers in a risky situation. This is because this practice exposes the police officer’s position making him or her susceptible to attack. Originally, another reason why cops touch tail lights was to leave their fingerprints on the vehicle. In case the officer found himself in a dangerous situation while pulling over the subject vehicle, fingerprint evidence would prove that he or she was present at the scene. The fingerprints would only be utilized if the interaction between the driver and the cop led to a criminal investigation, like a car accident or shooting. However, this isn’t always a surefire way to help an investigation some since the fingerprints can be smudged or tampered with, as well as washed away by rain or snow. More often than not, there are better ways for police to obtain evidence from a vehicular crime scene than the fingerprints on the car. Police officers put their lives at risk everyday on the job and must be prepared for danger and violence to arise at any moment. While tapping a tail light may startle a driver and leave evidence on the vehicle, there is another tactic cops use. If the police officer believes they are in a dangerous situation as they pull you over, they may touch the backend of your vehicle on the way to your window to make sure the trunk is latched. It might sound bizarre, but this tactic ensures that no one is hiding in the trunk and could pop out. If a police officer does check that your trunk is shut, they will typically have their partner with them. One officer will check the trunk, while the other approaches your window. This is to ensure the safety of the officers and make sure the driver is not able to get away with hiding anything or obtaining a weapon while the officer is checking the trunk. Due to the rampant crimes that happen on the road, officers are exposed to greater danger than in the past. In lieu of this practice, our law enforcers, instead, have adopted new technology in implementing traffic rules. Now, there are security cameras installed on almost every corner of the road, and it’s standard for all cops to have dash or body cams recording live video of the vehicle and every interaction that happens between the driver and the officer, eliminating the original reason tail tapping was ever implemented. Some police departments still instruct their officers to leave some form of fingerprint evidence on the car, but it does not have to be a tail light. If you get pulled over and the officer still touches your tail light, it’s likely out of habit rather than necessity. Cops touching your tail light as they pull you over seems like an innocent strategy, but is it actually compromising their safety? With violence against police happening more often than ever, tail light tapping could cause officers to be in danger. F or instance, some police departments will instruct their officers not to touch tail lights at all, while others tell them to only touch the side of the vehicle, not the very back. Touching the tail light could put the officer right behind the vehicle, which would put them at risk of being hurt if the driver puts the car in reverse. As morbid as it sounds, these things happen, and officers must always be prepared for the worst as they approach any vehicle. To learn more about traffic law, check out what happens when you get pulled over without a driver’s license. If you’ve been pulled over by the cops and have questions about a ticket you received, get a free case evaluation by a local attorney to learn about your options. "
Five Tips To Help You Write An Effective Hardship Letter,"There are many homeowners in the United States who are struggling to make their mortgage payments. One option available to people is a government program that offers borrowers the opportunity to modify their current mortgages to reduce their interest rates and, in some cases, forgive part of the outstanding principal balance. Another option is to sell the home in a short sale in which the lender is asked to agree to accept less than the principal balance owed on a mortgage. Under either option, banks require a hardship letter as part of the process. A well-written hardship letter can help you to avoid foreclosure and obtain a fresh start. However, poorly written letters can cause a lender to deny a borrower’s request for a loan modification or for a short sale. The following three tips will help to make your hardship letter stand out and lead to a favorable response from your lender. Writing a hardship letter that explains how the value of your home has declined – and that your mortgage balance exceeds the value of your home – is not going to convince your lender to accept less than the full amount you owe when you sell the home. Equally ineffective is writing a hardship letter that asks a lender to modify your loan to reduce your monthly payments simply because other people you know got them from their banks. Instead, explain how your financial circumstances have changed since you took out the mortgage. Examples of situations that banks might consider as being hardships include: Interest rates have been relatively low in recent years, but if rates begin to rise, homeowners with adjustable-rate mortgages might use that as a factor in their hardship letters. Depending on the terms of the original mortgage, higher interest rates could lead to unaffordable monthly payments.  The person reading your hardship letter doesn’t want to receive a novel. The letter should be concise, stating what you are requesting, followed by the hardships you are experiencing. Each hardship should receive its own short paragraph (up to four sentences) to keep things brief and to the point. Be clear about what you’re asking for in the hardship letter. The purpose of the letter is to show your bank that you are on the brink of total financial collapse, so you want it to honestly reflect the dire situation you are experiencing.  Forget the thesaurus and the fancy words, and write it using your own language. Write it so it sounds like you are talking directly to your banker. Along the same lines as being concise, you need to be straightforward about what you are requesting. For example, you might state that you need a reduced interest rate or a loan modification to make making your monthly payments possible. Banks also want to read that you have tried to resolve your financial difficulties before coming to them for help. If your hardship is unemployment, give your lender the details about your efforts to find a new job. For instance, someone who went back to school to train for a new career after losing a job should explain the circumstances in the letter.  Along with your letter, you should attach the appropriate documentation to support your request. If your hardship is a divorce, send a copy of the divorce order. Or, if it’s a medical issue, you may send copies of your medical bills. Best Way to Write a Professional Letter to a Judge If you are experiencing financial troubles, you want to explore all of the options that are available to you to resolve them. Loan modifications and short sales are only two options, but there could be more depending on your circumstances. A consultation with an attorney might be helpful to learn about your options and get help with your hardship letter. "
How to Find an Inmate’s Release Date,"An inmate’s release date is accessible to the public and can be obtained with a phone call or internet search. Whether you are a family member planning a homecoming — or you’re a victim of a crime committed by the inmate — knowing when he or she will be released is valuable information. To do so, follow these quick and easy tips on how to find an inmate’s release date. To make searching for an inmate’s release date as easy as possible, you will need to know a few key details about the person. Aside from their name, you should know the name of the prison or jail, and whether it is a federal, state, or county facility, which you can easily uncover if you know the name of the prison. It’s also helpful to know the prisoner ID number. The prisoner’s age, gender, and race will help if the inmate’s name is a common one. These details can help you narrow down the search results. If you don’t know where the inmate is located, or any other pertinent information about him or her, you can start by looking it up. As long as you know the state where the inmate is incarcerated, you can use VINE (Victim Information and Notification Everyday). It offers details like inmate/offender ID, date of birth (DOB), race, gender, custody status, location, and sometimes the scheduled release date. Once you have the inmate’s information, you can move on to the next step to find out his or her release date. If the inmate you are looking for is incarcerated in a state facility, visit that state’s Department of Corrections (DOC) website and look for the online search function. It varies by state, but some Department of Corrections sites have advanced search functions. If so, you sort thorough physical descriptions and the offense. A detailed search query can quickly narrow down the results, especially in states with large prison populations. To find the DOC release date search function, type the state, followed by “DOC release dates” into your search engine. Some states will refer to these search functions as “Offender Locator,” “Offender Database Search,” or “Search for Inmates.” If the state’s website does not have an online search feature, there will be a phone number to call and find out the release date or other prisoner information. If the inmate is incarcerated in a smaller facility — like a county jail — your best bet is to give the county clerk a call and ask. However, some county and city jails have online search functions, as well. These search queries are similar to the Department of Correction’s functions, but there will be fewer results to sift through. Simply type the county followed by “inmate release” into your search engine. Some jurisdictions will refer to their search function as “Inmate Release Information Search,” “Inmate Locator,” or “Jail and Arrest Information.” These databases will house information like inmate release dates, inmate housing information, court dates, and criminal charges. Information about inmates is typically updated in the county’s database every 24 hours. Note: Not all county facilities will provide inmate release dates. It may be against their policy to share this information with the public. The Federal Bureau of Prisons website has a “Find an Inmate” page that makes it easy to locate an inmate in any federal prison. With fairly limited functionality, users can search by the inmate’s ID number from: There is also a name search option that provides opportunities to enter information about the prisoner’s race, age, and sex to make the search more efficient. The website notes that federal inmate release dates are subject to change based on the First Step Act, which allows prisoners to be eligible for early release or reduced sentencing based on good conduct. Keep this in mind if you are preparing for an inmate’s release. Note: Any inmates incarcerated after 1982 are entered into this system. Even if you know when an inmate’s release date is, it’s subject to change. Sometimes the inmate’s charges are dropped. Other times they can be released from the facility into a program or on bond. Rather than constantly checking to see if the release date changed, you may want to be notified. Just like you can search for an inmate through VINE, you can sign up to receive notifications if an incarcerated person’s status changes. VINE is a very popular, reputable resource to use for inmate release information. Another way to be notified about a prisoner’s release is to go through the Department of Corrections Victim Services. You will be contacted over the phone or by mail. Generally, to be eligible to receive these notifications, you must be the victim of a crime the inmate committed or an immediate family member of the victim. Another way to find an inmate’s release date for free is to simply ask them. Most inmates will find out when they are being released once the facility knows. If the inmate is a friend or family member, and your relationship is in good standing, this is a reliable option so you are able to plan accordingly for their release. So, you’ve gone through all the trouble to find out when an inmate’s release date is. Maybe you’ve planned a special homecoming for a family member. Or maybe you are concerned about your safety when the inmate is released. Either way, it’s helpful to know if an inmate’s release date changed. Prisoners can, in fact, be released earlier than their original release date if they are out on parole. However, federal inmates, repeat offenders, or prisoners who were arrested for violent crimes typically are not eligible for parole. But they may be able to get a reduced sentence as a result of good behavior. If an inmate’s release date changes, it will be processed and updated in the jail or prison’s database. If you are looking for information about someone who may have been arrested, here is the best way to find someone in jail for free. If you or a loved one are concerned about an inmate’s release date, you should take action. A local attorney can provide a free case review so you can learn what your next steps might be. "
Where to Find Recent Arrests,"To determine where to find recent arrests, start on a local police department’s website. Other law enforcement agencies may also be useful, but choosing one largely depends on the level of crime a person has been arrested for.  In some cases, it may be necessary to make a phone call or an in-person visit to a government office to obtain recent arrest details. In many jurisdictions, however, the same basic information is made available to the public online and free of charge. Knowing where to find recent arrests can save time when looking for a loved one. Once a person has been taken into custody, they will need to go through a formal booking process. Still, knowing where to find recent arrests can be incredibly helpful for family members and friends who wish to offer fast bail assistance if the option is there. Personal relations are not the only reason a person may want to know where to find arrests, however. Individuals who live in an area or who are considering moving to a certain area may also have an interest in finding out who has been arrested in their city or town and why.  All arrests are considered public information. Exceptions do apply, however, in that sealed records or arrests related to crimes threatening national security may not be readily available to the public. Those who work in law enforcement or are officers of the court are granted access to recent arrest information, even for individuals who have sealed records. Others, who have secured a warrant allowing access to these records, may also view sealed arrests. If an arrest is very recent, it may not yet appear at the time of an initial search. Some jurisdictions are swift in updating this information, while others may take a while longer. Updates may take up to several hours depending on the reporting systems being used.  In addition to a local police department, recent arrests involving felony crimes may also appear on county or state websites. For people arrested for federal crimes, this information may appear on the Federal Bureau of Prisons website. Inmates suspected of crimes involving the nation’s security may be held at a Communication Management Unit (CMUs). These specialized prisons house inmates who are not able to communicate with people outside of prison or other inmates. Among other purposes, such strict monitoring is often an attempt to prevent further crimes, determine possible accomplices who may not yet be in custody, and gather information about the alleged crime.  When seeking where to find recent arrests, it may be more difficult to find arrest information involving a person held in custody at a CMU. While most CMU inmate information is available to the public, some may be kept private for security reasons. If information is not readily available, it may be necessary to contact an attorney or other officer of the court to determine if an arrest has been made and, if so, where the inmate is being housed. A bail bondsperson may also know where to find arrests. People in this line of work often employ the help of private investigators and others who have inroads to information on arrests and custody matters. Most people will only hire a bail bondsperson when they know for sure that a person has been arrested and that a judge has set a bail amount for their release. If special circumstances exist and one is finding difficulty determining if an arrest has been made and where a person is being held, a bondsperson may be of valuable assistance. Phone calls or an in-person visit to a police department can also offer information on recent arrests. While information pertaining to arrests and releases are often available on local law enforcement websites, processing and publishing such information may take time. For those who do not want to conduct an internet search, a phone call or a personal visit will provide the same results. This will especially be necessary for arrests made in jurisdictions who do not offer access to this information on a public website. For those looking for a specific individual who may have been arrested, being prepared with the following information will help: If an exact date of birth is unknown, some websites will allow the search of a person’s approximate age. For example, if a person is approximately 40 years old, a system may process a search for people between the ages of 38 and 42 years old with the matching identifiers listed above. When this type of search is allowed, be aware that results may return multiple inmates with matching names within the same age range. Often, a person arrested for a misdemeanor crime will be released within hours after they have been booked into a jail. Known as a “cite and release,” this is common for people arrested for crimes like driving under the influence of alcohol or public drunkenness. In these instances, people are given a citation and trusted to appear in court to formally address the charges against them.  When trying to locate a person given a cite and release (sometimes referred to simply as a “cite release”), it is helpful to also search for people recently released. If such a search is not readily available on the web, a phone call to the police department or local jail will be necessary. While researching where to find recent arrests online, people will inevitably stumble upon websites that charge for such a service. It bears repeating, then, that recent arrest information is offered to the public for free. When finding difficulty accessing recent arrest information or when one simply does not want to take the time to do so independently, a paid service may come in handy.  It should also be noted that the sealed records of minors and others who have had their records expunged are only accessible to law enforcement and other specific officers of the court. Steer clear of anyone selling access to sealed records, as doing so is illegal. If you are intent in knowing the arrest details involving someone who has a sealed record, contact an attorney to inquire about the process involved in requesting a court order to view sealed information. If an attorney agrees to help, she or he will negotiate a fee for doing so. While knowing exactly where to find recent arrests is undoubtedly helpful, it should be noted that an arrest does not necessarily mean that a person is guilty of a crime. Many who are taken into custody are later released due to a lack of evidence or a variety of other reasons leading police to believe they are not guilty of any crime whatsoever. While just about all recent arrests may be found in a search, some will never lead to an actual conviction. It is important to keep this in mind when trying to assess someone’s character or even when seeking to determine information about crimes committed in a particular area. Friends, family members, and concerned citizens should know where to find recent arrests as quickly and easily as possible. In general, local, state, and federal agencies make looking for free arrest records pretty easy to do online. Knowing where to find recent arrests can also prove useful to those who are concerned about their neighborhood’s safety. For additional questions about where to find recent arrests, contact your local law enforcement agency or a qualified attorney. You can also get a free case review to learn about additional legal options that are available to you. "
How to Write an Affidavit,"An affidavit is a statement made under oath, claiming that a fact – or set of facts – is true to the best of the “affiant’s” knowledge. This sworn statement of facts is provided to the Courts or other government agencies to aid in proceedings like divorces, custody battles, and division of estate matters. Affidavits are usually sworn to before a Notary Public or before another officer that has authority to administer an oath. If false testimony was given in an affidavit form, the affiant, or the person who executed it, exposes himself against prosecution for the crime of perjury or giving a false statement under oath. Keep in mind, there are situation-specific affidavits that may best serve your purpose for writing one, which is outlined at the end. However, to write a non-specific affidavit that can be used to serve nearly any purpose – follow the steps, below.  While the above affidavit format serves many purposes, there are situation-specific affidavits to keep in mind that might serve you better. Some of the most common types of affidavits are: Financial Affidavit – This type of affidavit proves facts like annual income and assets, and is commonly used for divorces. Affidavit of Heirship – An Affidavit of Heirship deals with proving the property, liabilities, and assets of a family member who has passed away. Affidavit of Support – To prove that an immigrant has the financial means to support themselves (usually with the help of a spouse or another person), an Affidavit of Support is used. Child Custody Affidavit – Another affidavit commonly used during a divorce is one for child custody. This helps determine the child’s living situation by giving both parents a chance to explain why they should have custody. Small Estate Affidavit – If you need to distribute assets to family members after someone has passed away, a Small Estate Affidavit is a great way to speed up the process.   Writing a sworn statement, not an affidavit? Here’s how to prepare one. "
How to Find a Name and Address Using a License Plate Number,"Nowadays, you can find nearly any piece of information about another person with a simple Google search. But what if you don’t have someone’s name to start with? Maybe you witness reckless driving or you’re wondering who keeps parking his car in front of your house. In both cases, you may want to know how to find a name and address by using a license plate number. If you have the vehicle’s license plate number and the state in which the license was issued, there are a few ways to seek out the driver’s information. In this article, we will discuss how to find the owner of a license plate number, as well as how to find an address by license plate search. Finding the owner of a license plate number can tell you a lot of basic information about a person, like their name, address, and public records. Fortunately, once you find a name by license plate search, the rest of your investigation will be much easier, whether you want to look up the person’s criminal records, driving history, or even their social media profiles. Note: State laws dictate what information you can obtain about a driver by looking up a vehicle license plate. In some states, finding a name and address using a license plate number may not be possible or legal. The Department of Motor Vehicles is authorized to run license plate lookups — they have record of all registered license plates, as well as driver records. To start, reach out to the appropriate state’s DMV to find out if driver information is considered public information in that jurisdiction. If a records request is allowed in that state, you will be able to file one over the phone or on the DMV website. Most states require you to submit a formal request for information. Typically, these are forms that can be acquired from state government offices, websites, or the DMV. A fee may be associated with making the request, and waiting times for search results vary by jurisdiction. Once you have filed the request, some state governments will mail a copy of the documents, while others will send a link where the paperwork can be viewed online. Occasionally, you’ll be required to visit a government office to view the documents. You may be able to copy them, but be prepared to pay a nominal copying fee. If you have witnessed a crime like a hit and run, you may want to find out the name and address of a person by their license plate number. It may sound tempting to play detective and start searching for the criminal online, but it is best to reach out to the police first. If you were involved in the crime, are a victim, or witnessed an incident, you can simply visit your local police station or call them to give them the license plate number. After the investigation has taken place and the case has closed, you will be able to ask for the police report and records, which will typically have the name and address of the person you were looking for. More often than not, finding a name and address using a license plate number is not authorized by the DMV or other government agencies, so you may result to an internet search. Simply plugging the license plate number and the state into an online search engine is likely to reveal a number of results. Most of these come from a third-party independent search firm that has the connections necessary to obtain public information documents. However, be aware that many of these search firms are not reputable. Certain red flags to look for include promises of free searches and immediate results. Many websites that claim their services are free eventually ask for a fee or a paid membership before you receive any actual search results. Search firms that promise instant results are likely using old, out-of-date databases that may yield useless information. Reputable search firms exist, but they will be upfront about pricing and the timelines for their services. Every state has different regulations for releasing a driver’s information from their license plate records. These regulations are in place to protect individuals, but there are specific authorized reasons that allow the release of the information. Some of these situations include: Other reasons someone may need a person’s information from their license plate number may be more serious. If you were the victim of a crime like a hit and run, or if someone left a vehicle on your business’ property, contact the authorities immediately. In either situation, record as much information as you can about the vehicle and its owner. Specifically, take photos of the license plate number, noting the state, city, and expiration date of the plate. You can also take photos of the entire vehicle to help the police identify the suspect. This information will also be helpful for your insurance company, who you should contact next if there was any damage to your vehicle. If you are looking to find a license plate owner, check out our guide on how to look up license plate numbers. When you or someone you’re close to have a run-in with the law, it can be confusing at best. You can have a local attorney provide you with a free case evaluation to help answer your questions and make a plan for the future. "
What Does It Mean To Contest Divorce?,"To contest divorce means a couple cannot come to an agreement about things like real property, child custody, or a division of assets. When a person contests a divorce, separate attorneys are typically hired to represent both individuals in an attempt to negotiate settlement terms. Negotiations may continue for a few months or even several years before both parties ultimately agree on matters in dispute. Multiple court hearings and other meetings are also typical in these types of divorce proceedings. A respondent is usually the person to contest the divorce. This is because the spouse who filed for divorce, also known as the petitioner, is also the person who has requested the original terms of the divorce that they wish the court to rule in favor of. If or when a respondent does not agree to these terms, the process of contesting the divorce begins. When a respondent does not engage in the actual legal steps required to contest divorce through the court, yet refuses to sign divorce papers filed by the petitioning spouse, the divorce is then considered to be contested. When this happens, it is necessary for the petitioner to ask the court for relief. At that time, a judge or magistrate may make a decision to grant the divorce, even without the other spouse’s signature, or the court may order a hearing in order to weigh the merits of a case before making a final decision. Upon being served with divorce papers, if a respondent does not agree to the terms proposed in the original filing, they may contest divorce at that time. The exact amount of time in which they are allowed to do so is determined by the laws of the state where the divorce was originally filed. In some cases, both parties may originally agree to an uncontested process, but one person may have a change of heart or mind and choose to contest a divorce after an initial filing has taken place. A divorce can only be contested in the court where the original petition was filed. Litigation required to conclude matters being contested will likely take place within that same jurisdiction. Because of this, parties who no longer reside in an area where a divorce proceeding is taking place sometimes have to travel in order to meet with attorneys, mediators, and others involved in the process. Both parties in the divorce must also be served notice that it is being contested, usually by mail and in person, no matter where either spouse is living at the time. Individual matters in dispute, such as child custody or child visitation, may be diverted to another court. This is usually done at the discretion of the judge or magistrate presiding over the original divorce filing. In no-fault and uncontested divorces, a petitioner will often state irreconcilable differences as the overall reason for the marriage’s demise and the court will generally allow that reasoning to stand. This is not always true in contested divorces, however. In these divorces, it is not uncommon for couples to note every single reason why they are calling it quits and which assets they believe they deserve after the marriage’s dissolution. Some of the most common reasons people choose to contest divorce include disagreements about: Couples may also disagree about a petitioner’s failure to state claims of alleged infidelity or claims of alleged abuse which may have contributed to a marriage’s demise. Some of the most commonly stated grounds for divorce include: It should be noted that not all of these grounds are permissible in every state. Of those which are, specific rules may also apply. For example, when using imprisonment for as grounds for divorce, a court may require that imprisonment exceed one year or more before it can be used as grounds. In cases of mental illness, courts may only allow such as grounds only if a spouse is institutionalized for a set period of time and is not expected to recover. By contesting what was originally submitted to the courts by a petitioner, a respondent is able to put into the record the reasons they understand the divorce to be taking place and, if necessary, address any allegations they maintain to be false but that appeared in the original petition. A spouse may contest all of what is being stated or asked for in the original divorce petition or may simply choose to contest one or two items contained in that petition. Generally speaking, the contesting spouse’s goal is to convince a judge or a magistrate to grant the things that they desire from the divorce process, such as sole custody of any minor children, a larger share of any savings or retirement accounts, or full ownership of a family home. Contested divorces are often quite contentious, which makes it difficult for a couple to navigate the process alone. Because of this, the court will usually recommend that both parties hire their own attorney to lead the process and help negotiate the terms being contested. Even if the spouse who originated the divorce filed the appropriate paperwork without assistance, an attorney should be contacted once the filing has been contested. Couples contesting a divorce may also be required to work with a court-appointed mediator in an effort to create a more equitable divorce agreement that can be submitted to the court for a final ruling. After contesting a divorce, it is the responsibility of the respondent and their attorney to convince the court to rule in their favor. To do so, attorneys will collect factual evidence to present in support of the claims being made by a responding spouse. To help shape an accurate narrative of the divorce and issues being contested, some of the people called upon to give testimony to the courts may include: It is not unusual for other professionals, such as accountants and specialized investigators, to also be hired in order to collect pertinent evidence in support of all claims made. While the respondent is the one who typically contests the divorce, it should be noted that a petitioner may also disagree with claims made in the respondent’s rebuttal. The petitioner may also present evidence and witnesses to counter those claims. Just as with the respondent’s motives for contesting the divorce, all of this is done in an effort to give the court an accurate depiction of things leading to the demise of the marriage with the hope that a judge or magistrate will rule in favor of the petitioner. Ending a marriage can be a complicated process both emotionally and procedurally. In addition to the actual termination of a relationship, a great deal of time is spent during a contested divorce with spouses negotiating the very fine details of their financial and personal lives. The emotional toll such a divorce might have on a family, including children, is difficult to calculate and will vary from person to person. Before a spouse decides to contest the divorce, it should be noted that doing so often means that a lengthy and expensive court battle will follow. Judges and other legal experts agree that a separate attorney representing each individual’s interest should always be hired when a divorce is being contested. In addition to the hiring of attorneys, there may be other costs such as additional court filings, hiring investigators, and costs associated with gathering information or expert witnesses to help support the grounds for which a divorce is being contested. If a judge ultimately rules that one party must pay the other party’s legal fees, the cost of contested divorce may be even higher. "
Nine Debt Collector Tactics That Violate The Federal Debt Collections Practices Act,"The loss of a job, an unexpected illness or injury, or other common situation that people face in their lives everyday can put a strain on your finances. Anyone who has ever fallen behind in paying their bills has probably received a demand letter or threatening telephone call from their creditors. Creditors are entitled to collect money that is owing to them, but there are limits on the tactics they can use. Following are some of the limitations in the Federal Debt Collection Practices Act guidelines Unless you agree to it, debt collectors are prohibited from contacting you at times or at locations that are inconvenient for you. As a general rule, a creditor should not be contacting you before 8 a.m. or after 9 p.m., and contacting you at your place of employment is not allowed unless you agree to it. Debt collectors are not allowed to contact third parties about your debt. A debt collector is permitted to contact another person once find out the following information: Friends, neighbors and other third parties are frequently the targets of calls from debt collectors in order to persuade you to make a payment on the debt to avoid additional embarrassment. A debt collector is not allowed to attempt to intimidate you by claiming to be an attorney, a government official or a member of a law enforcement agency. Creditors trying to collect a debt cannot make threats to have you arrested or to take legal action against you unless they actually intend to file a lawsuit against you. Someone calling from a debt collection agency is not required to be friendly, but the following forms of conduct are violations of the debt collection practices act: You have the right to know how much you owe. A debt collector cannot misrepresent how much you owe or attempt to add interest and fees unless your agreement with your creditor allows for such charges. Each state has laws setting time limitations within which a lawsuit may be filed to collect money owning on a promissory note, a credit card or other form of consumer debt. The time usually begins to run upon a default in payment. If a state’s statute of limitations is six years from the date of default, a creditor failing to file suit within the six years would be barred from using the courts to collect the debt. Credit collection agencies are prohibited from threatening to take legal action when they know such action is barred by the statute of limitations. A debt collector might use the threat of legal action to get you to make a payment on the time-barred debt. In some states, any payment you make the debt could renew the statute of limitations and give the creditor more time within which to take legal action against you. Judgments have a limited lifespan under the laws in many states. A judgment in New York, for example is enforceable for up to 20 years. This means a creditor can garnish your wages or have a law enforcement officer seize your property, including cars and bank accounts. Once a judgment exceeds its enforceable lifespan as provided by the laws of the state in which the judgment was filed, debt collectors cannot threaten you with enforcement without violating the federal debt collection practices act guidelines against misrepresentation. You should never give a post-dated check to someone in response to a collection call about a debt you owe. If you respond to a debt collector’s call by being honest and explaining that you do not have the funds to make a payment on the debt, a frequent response is to ask you for a post-dated check that the creditor’s representative promises to hold until you add money to your bank account. Even though it is a violation of federal debt collection practices, the debt collector might contact you and threaten to deposit your check early and cause it to bounce. At the very least, you will incur fees with your bank for writing a check when you did not have sufficient funds in your account to cover it. The best thing to do is to refrain from writing checks in payment of all or part of a debt until you have the money in your account to cover it. Debt collectors must begin each telephone contact with you by identifying themselves and the purpose of the call. Leaving an anonymous message on your telephone answering device would violate this provision of the federal debt collection guidelines. This might arise when a debt collector has made attempts to reach you without success and decides to use the anonymous message to trick you into calling back. If you are contacted by a debt collector, you have the right to demand a written notice telling you the amount that you owe and the name of the creditor. The notice must also explain the steps you can take to dispute the debt. You can stop debt collectors from contacting you by sending a letter asking them to stop. If they do not stop contacting you, the debt collection practices act allows you to file a complaint with the Federal Trade Commission, your state’s attorney general’s office or with the Consumer Financial Protection Bureau. "
True vs. Optional No-Fault Divorce States,"No-fault divorce has been an option in all states since New York finally passed its own no-fault divorce law in 2010. While no-fault divorce laws have made it much easier to get divorced and have even helped people in abusive relationships find freedom and security, not all states are identical when it comes to their no-fault divorce options. In fact, states can roughly be divided into two categories: those that are “true” no-fault divorce states and those that are optional no-fault divorce states. The distinction is far from minor and, in fact, the type of state you get divorced in could have a major impact on the final look of your divorce settlement. Here’s a look at the differences and similarities between true and optional no-fault divorce states. There are 17 states, along with the District of Columbia, that are currently considered to be “true” no-fault divorce states. What this means is that the only option you have if you are considering a divorce in these states is the no-fault option. The conduct of the other spouse has no relevance in the application for a divorce and courts will not take factors like adultery or abandonment into account when deciding whether to grant a divorce. For people who feel as though their spouse has acted improperly during their marriage (such as by having an extramarital affair, for example), the idea that the court does not take that spouse’s behavior into account can be frustrating. However, in a no-fault divorce case, the court will treat the divorce as essentially the termination of a contract (which, in fact, is exactly what divorce is). The court is not there to judge the moral worthiness or conduct of either party. While that can feel unfair, it also means that both parties are not held to the whims of whatever a judge or lawmaker considers to be immoral. However, it is important to keep in mind that while one’s conduct will not be an issue when it comes to the actual granting of the divorce, it could be a factor in other issues related to the divorce, particularly child custody and visitation rights. If one spouse has a substance-abuse problem, for example, that problem is not likely to factor into the division of property. However, it will almost certainly factor into a judge’s decision about which parent gets physical custody of the children. Furthermore, some no-fault divorce states do allow for divorce on the grounds that a spouse has become mentally incapacitated or institutionalized. In these cases, spouses seeking a divorce will have to provide medical evidence that their partner is mentally incapacitated. Furthermore, while no-fault divorce is certainly more straightforward than fault divorce, it is important to keep in mind that most states do not simply allow you to apply for and be granted a divorce at the same time. Rather, in most states there is a waiting period between when you actually apply for a divorce and when it is ultimately granted. During this waiting period, which can range from a few months to a couple of years, both spouses must live separately and apart. The remaining states all offer no-fault as an option for divorce, but they also retain other divorce options where fault may be involved, including adultery, cruelty, and abandonment. States that offer no-fault as an option can vary considerably in terms of their specific laws. In some states, for example, filing for divorce because of adultery can have a major impact on how property is divided, whereas in other optional no-fault states it will have no impact. One disadvantage of applying for divorce on traditional fault grounds, however, is that the fault will have to be proven with a court, which can cost time and money. Furthermore, by pursuing a fault divorce one may be exposed to the possibility of the other spouse also alleging fault against you. Because whatever is said in court becomes a matter of public record, a fault divorce can quickly lead to embarrassing and private details being shared with the general public. With a no-fault divorce, nothing needs to be proven in terms of the other spouse’s conduct. Some states also allow separation for a period of time as the grounds for a divorce. Living separately and apart, while not always a strictly no-fault option, is very close to it. The 17 “true” no-fault divorce states are generally considered to be California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington, and Wisconsin, along with the District of Columbia. In many of these states, including in many optional no-fault divorce states, the no-fault option is often referred to as “irreconcilable differences.” As stated above, some no-fault states also allow a spouse to divorce the other spouse because the other spouse has been committed to a mental institution. In the rest of the 33 states, no-fault was usually added as an option for people who wanted to get a divorce. In adding the option, lawmakers kept the fault grounds for divorce that had previously been the only divorce options. As mentioned above, option no-fault divorce states vary substantially in the fault grounds they offer and how those fault grounds impact the overall divorce settlement. In some states that nominally offer fault grounds for divorce, such grounds ultimately have no bearing on how property is divided or spousal support is determined. In such cases, it may make more sense to just file for no-fault divorce even if one has grounds for filing for a fault divorce. If you are thinking about a divorce then it pays to know your state’s laws concerning the termination of marriage. Furthermore, while we use the term “no-fault” here, individual states have their own ways of describing what is essentially no-fault divorce and it is important to know what the specific terminology in your state is. By doing your research beforehand, you will have a better idea of how to proceed with your own divorce or family law issue. "
What’s the difference between the insanity plea and incompetency?,"The terms sanity and competency are heard so often in media coverage of high-profile criminal trials that it can be easy to confuse the two. A lot of people may wonder how it is possible for somebody to enter an insanity plea when they have already been deemed fit to stand trial. While sanity and competency are related in some ways, in the justice system these are two very separate and different legal concepts. Nonetheless, they are both very important for understanding how the justice system works and they have an immense impact on both how cases are tried and how sentences are handed down. Here is a look at some of the differences between the insanity plea and the competency to stand trial. For anybody to have a fair trial he or she must be able to understand the charges against him or her. This basic principle is where the concept of competency to stand trial comes from. A defendant must be able to understand what they are being charged with and must be able to discuss the charges with his or her attorney in a reasonably rational way in order to be considered competent to stand trial. In other words, the competency of the defendant is determined before the trial even begins. Being declared competent to stand trial simply means that the defendant understands the charges against him or her. It is not a statement about whether or not that defendant was sane or insane when he or she allegedly committed the offense that is being tried. Competency to stand trial merely concerns the defendant’s state of mind and mental abilities during the trial itself. Furthermore, competency to stand trial is guaranteed by the U.S. Constitution, which guarantees the right to due process for those accused of a crime. In contrast, the insanity plea concerns the state of mind of the defendant when the alleged crime was committed. When determining whether or not a defendant is insane, the court is not considering the defendant’s state of mind during the trial, but rather during the criminal act. So a person can be found to have been legally insane when a crime was committed, but nonetheless competent to stand trial later on. In fact, a person can only be successfully found legally insane so long as they are competent to stand trial since being incompetent to stand trial means no trial can take place. In other words, a defendant can be both legally insane and competent to stand trial, but not incompetent to stand trial and legally insane. This distinction is one that often confuses people who are not familiar with the justice system since they wrongly assume competency to stand trial is a judgment on the defendant’s general state of mind, including when the alleged crime was committed. Furthermore, unlike competency to stand trial, insanity laws are not determined by federal law but rather by state laws. This means that not all states have to consider whether or not a defendant was insane when he or she allegedly committed an offense.  It is not enough that a defendant merely is shown to have been insane when he or she committed the offense in question. Rather, it must be shown that the defendant’s insanity made it impossible for him or her to understand that the offense being committed was illegal. For example, a man may have hallucinations about aliens living in his home. If he finds out that his wife has been having an affair and, in anger, murders her, then he would still most likely be found guilty of murder (so long as there was enough evidence against him) since his hallucinations did not deter him from the fact that he knew that murdering his wife was illegal. Of course, the man could only be found guilty of the crime if he was also declared competent to stand trial. However, if that same man believed that his wife was an alien and was trying to murder him, then his state of mind would have made it impossible for him to understand that committing violence against her was wrong. Rather, he may have seriously believed that violence was necessary for protecting his own safety, thus making it impossible for him to be responsible for his actions. Competency and insanity are determined by different methods. The standard for determining whether an individual is competent to stand trial is, in fact, a very low one, whereas the standard for proving that a defendant was insane when an offense was committed is usually a high one. To be proven competent to stand trial, the defendant need only understand the charges against him or her and be able to converse with an attorney in a relatively reasonable manner. Competency does not mean that the defendant needs to have a deep understanding of the: In practice, the low standard for proving competency means that only those who are extremely mentally unwell can be found incompetent to stand trial. There is a very good reason for setting such a low standard for competency: it ensures that more people are given the chance to have their case heard in court. Because the insanity plea is determined by state laws, each state has its own rules for determining whether or not a defendant was legally insane when he or she committed the offense in question. Generally, however, states that allow the insanity defense can be divided into two groups: those using the M’Naughten rule and those using the Standard Model. Currently, there are 26 states that use the M’Naughten rule. The M’Naughten rule is named after the defendant in an 1843 British case, Daniel M’Naughten, who had tried to assassinate the British Prime Minister and who was considered insane when he tried to do so. The M’Naughten rule was established by that case and it essentially states that to be considered insane the defendant must have suffered from a mental illness that made it impossible for him or her to understand the nature of the act he or she was committing or, even if he or she knew what she was doing, could not have known that the act was wrong. Some states have also modified the M’Naughten rule to allow for the insanity defense if the defendant suffered from an “irresistible impulse” that forced him or her to commit a crime even if he or she knew that the offense was wrong at the time. In contrast, 22 states along with the District of Columbia use the Model Standard, which was laid out by the American Law Institute in 1962. The Model Standard is generally seen as a less restrictive standard than the M’Naughten rule. It requires that the defendant lack “substantial capacity” to either understand that his conduct was criminal or to otherwise act in a way that was compliant with the law. Furthermore, three states do not allow the insanity defense at all. These states are Idaho, Montana, and Utah. In these states, a defendant cannot plead not guilty because of insanity. However, a defendant can still be found guilty but insane, which may result in that individual being committed to a psychiatric institution instead of or in addition to prison. In these states, the accused must still be found competent to stand trial.  The decision about whether a defendant is incompetent and/or insane also differs depending on what matter is being decided upon. A person’s competency to stand trial is, for example, determined by the judge. A defendant’s insanity, meanwhile, is determined by the jury when it renders its verdict. Again, competency is determined at the beginning of the trial, while insanity is determined at the end during the verdict. Hopefully, of course, the jury will take into account the opinions of psychiatrists and/or psychologists who act as expert witnesses during the trial when determining whether or not an individual was legally insane when the crime was committed. Many states also have laws that allow courts to reach a verdict of “guilty but mentally ill” (GBMI). The GBMI verdict means that the defendant receives the same sentence as somebody who was simply found guilty for the same crime but was not suffering from a mental illness. In a GBMI verdict, the court will often sentence the defendant to a prison sentence but will also require that individual to receive treatment for his or her mental illness. Even if that individual is cured of his or her mental illness, he or she will still have to serve out the rest of the sentence in prison. The GBMI verdict is highly controversial, with supporters saying it ensures that those who have committed crimes are held accountable for their actions while critics contend the verdict absolves the court of determining whether or not the defendant was actually responsible for his or her actions. The Four Tests Used for Determining Legal Insanity A person who is found incompetent to stand trial will usually have their trial delayed until such a time when he or she is deemed to have regained his or her mental competence. Essentially, this means that the defendant will receive treatment until they have sufficiently recovered from their mental health problems. However, an individual’s trial cannot be delayed indefinitely–rather, the delay must be deemed reasonable. Delaying a trial indefinitely is a violation of one’s constitutional rights, most notably the right to a speedy trial. The Supreme Court held that a trial in such cases cannot be delayed for longer than is necessary in a landmark 1972 case. However, even if the defendant never regains his or her sanity, that person can nonetheless be forcibly committed to a mental institution, especially if that person is deemed to pose a threat to the safety of themselves or others. A person who is acquitted by reason of insanity, on the other hand, will usually be committed to a mental institution. The conditions of their release back into society if they recover from their mental illness vary from state to state. In some states, for example, the individual will first have to complete a commitment hearing to determine whether or not he or she needs to be committed to a psychiatric institution. In other states, however, commitment to an institution is automatic upon a verdict of insanity. In some cases, the individual may be released back into society relatively quickly if that person is determined to no longer pose a risk to themselves or others. However, in many cases, especially in cases involving murder or attempted murder, the standard for release will be set much higher. While many laypeople may think that being found “not guilty” for an offense that an individual clearly committed is unfair, it is important to keep in mind that those declared insane are not automatically released back into society. In fact, studies have shown that those found not guilty by reason of insanity spend as much time on average confined to a psychiatric institution as those who are found guilty of the same types of crimes spend incarcerated in prison. Furthermore, even after release, the individual may be required to take steps to ensure they no longer pose a risk, such as by taking medication, visiting a doctor, or complying with other instructions. An insanity plea and a claim of being incompetent to stand trial may sound similar but they are, in fact, very different from one another. As the above article shows, however, both concepts have important implications for ensuring that everybody receives a fair trial. Competency ensures that a defendant understands the offense he or she is being charged with and can discuss those charges in a reasonable manner with an attorney. Insanity, meanwhile, ensures that those who could not have appreciated the criminality of their actions are not unfairly found guilty of committing those actions. Either way, competency and insanity pleas help protect the rights of the accused while also ensuring that public safety is upheld. "
The 9 Most Commonly Asked Questions About Last Wills And Testaments,"Estate planning and the role of last wills and testaments are a popular topic of conversation among members of the baby-boom generation. You might think you know a lot about last wills and testaments, but the answers to the nine most commonly asked questions people have about them might surprise you. Last wills and testaments are documents that state laws recognize as legally enforceable to convey your real and personal property upon your death in whatever manner you direct. Wills offer you great flexibility for accomplishing your wishes. For example, if you have minor children or heirs who might be likely to squander an inheritance, you can create a trust in your will into which the inheritance is placed. Instead of the heir having control over the assets, the trustee you designate takes charge of the trust assets and administers them according to your instructions. Because they are governed by state law, the rules pertaining to who can make a will and what constitutes a legal last will and testament vary slightly from one state to another. As a general rule, you must be at least 18 years of age to make a will, and the will must be in writing and signed in the presence of witnesses. A will that satisfies the legal requirements of the state in which it was signed is enforceable in other states. Most laws pertaining to the validity of last wills and testaments require the testator or person making the will to possess a testamentary capacity. Testamentary capacity means more than simply being of sound mind. The person making a will must understand the following in order to possess testamentary capacity: Part of testamentary capacity is the intent of the maker of the will to dispose of assets in a specific manner after his or her death. For instance, a person who signs a document believing it to be a rough draft of a will would probably not be found to possess the appropriate intent to dispose of the assets as written. Revoking your will is as easy as tearing up the original and any copies, but a better way of revoking your will is to make a new one. Most attorneys insert language into a will stating that it revokes any prior wills you might have made. Doing a new will instead of simply destroying your old one is the preferred method of revocation because it does not leave you without a will. If you want to make changes or additions to your will without revoking it, you can do this with a codicil. A codicil is a legal document that amends or alters the provisions of a will. Codicils must meet the same formalities that the law requires for the preparation and execution of last wills and testaments. An executor is a person you designate in your will to administer your estate. After your death, your designated executor is appointed by the court in your state that handles estates. Once appointed, he or she has the legal authority to carry out your wishes as stated in your will. Some types of property do not pass to the individuals you designate in a will. For example, jointly owned property, such as the home you own with your spouse, passes to the surviving owner under state law through “rights of survivorship.” If, however, the surviving joint tenant or joint owner does not change the deed to add another person to it as a co-owner, then the property would pass under the individual’s last will and testament as part of that person’s estate. Another example of a property that does not pass to heirs according to the terms of a last will and testament would be the proceeds of a life insurance policy. The life insurance policies represent an agreement or contract between the insured and the insurance company under which the company shall pay the face amount of the policy to the beneficiaries named in the police upon the death of the insured. The terms of the life insurance policy and not will of the decedent govern how the insurance proceeds are paid. An exception to the rule about life insurance policies arises when a beneficiary dies before the death of the insured or is removed by the insured and not replaced by another beneficiary. When a policy does not have a beneficiary named in it, the life insurance proceeds are paid to the estate of the insured and distributed according to the provisions of a last will and testament. The good news is that last wills and testaments do not expire. The bad news is that people put their last wills and testaments away and forget about them, but events occurring in life can nullify the provisions of a will. It’s a good idea to review the terms of your will from time to time to determine if events, such as the following, require that it be revised: It is a good idea to go over your will every four or five years regardless of events in your life to identify anything you might want to add or change. Challenges to the validity or to the provisions of last wills and testaments are frowned upon by the courts. Unlike other documents, such as contracts, which courts are called upon to review when disputes arise, the problem with last wills and testaments is that challenges arise after the death of the maker who was the only person capable of articulating his or her true wishes. For this reason, courts lean heavily in favor of upholding the validity and provisions of last wills and testaments. Successful challenges to last wills and testaments are usually those based on the testamentary capacity or age of the deceased at the time the will was prepared and signed. These types of cases are easier to prove because they can be based upon a birth certificate or other official record establishing the fact the maker of the will was at least 18 years of age, or they can rely upon the testimony of physicians who treated the deceased and can attest to the individual’s testamentary capacity. Other grounds for challenges to a will include fraud, forgery, and undue influence. Proving any of these brings into question the validity of the document. As previously noted, judges are skeptical of challenges to last wills and testaments, so the evidence produced must be clear, convincing, and unequivocal. A person who dies without a will is said to have died “intestate.” Each state has intestacy laws that determine how the assets of a person dying without a will are to be distributed. Any assets that could have been passed to your heirs under a will are distributed according to the intestacy laws of your state. As a general rule, intestacy laws favor your spouse and your children by giving them your entire estate. If you do not have a spouse or children, then your estate would be distributed to your parents or, if neither of them is alive, to your brothers and sisters. Depending upon the law in your state, intestacy laws provide for the distribution of estates to other relatives if there is no surviving spouse, children, parents, or siblings. Intestacy laws do not offer the control over the distribution of your assets that you have with a last will and testament. For example, if you and your spouse have minor children, you might elect to leave everything to your spouse in the belief that he or she will provide the appropriate care for your children. Intestacy laws do not allow for such a distribution. Under intestacy, your estate would be distributed to both your spouse and to your minor children. Questions about the laws of your state and last wills and testaments are best answered by an attorney. An attorney can also advise you about the provisions that should go into your will and give you guidance about how best to carry out your wishes. "
Ten Cheap Law Schools That Are Actually Good,"When it comes to law schools, cheap is a very relative term. Even the very cheapest in the nation are going to set you back many thousands of dollars. Furthermore, you want to make sure that when you are applying for law schools that you are getting bang for your buck. You do not want to graduate from a law school only to find out that none of the firms that you want to work at are willing to consider you. With that in mind, and if money is an issue, you need to balance how much law school will cost with the opportunities it will open up for you in the future. With that criteria in mind, let’s look at ten cheap law schools that are good value for money. In-state tuition at Brigham Young University’s law school is around $11,000, which is substantially lower than at most major law schools across the nation. Furthermore, it has an 80.3% employment rate, a 90.8% 2-year bar-pass rate, and was named one of the Best Value Law Schools by National Jurist. It’s location in beautiful Utah also makes it a great choice for those who want to enjoy the natural wonders of the west while pursuing their degree. Among the oldest law schools in the United States, the Brandeis School of Law is also recognized as being among the best-value law schools in the country. Furthermore, it is ranked among the top 100 law schools overall, proving that astronomical tuition is no guarantee of academic reputation. The good news about the Brandeis School of Law is that it also focuses on how to apply your legal education to practical situations. With tuition exceeding $44,000 per year, UC Irvine may not sound cheap, but it is affordable when you consider how generous the school is with scholarships. That’s perhaps why those attending UC Irvine graduate with just under $50,000 worth of debt, far lower than at other law schools that claim to be “cheaper.” Furthermore, as part of the University of California system, by going to UC Irvine you will have a degree from an institution that is recognized throughout the world. Wyoming is probably not the first state you think of when you are considering law school, which is a shame because the University of Wyoming offers an excellent return on investment. It is ranked around the 100 spot in terms of overall law schools in the country and it places great emphasis on gaining practical experience, such as through legal clinics and externships. It is especially well known for its programs in Natural Resources, Estate Planning, Legal Services, and Domestic Violence. Tuition at CUNY School of Law is around $12,000 per year, which is decent although by no means the cheapest in the country. The real advantage of CUNY is that it is both affordable and located in New York City, allowing you to get a good value education while being front and center to some of the biggest cases and most prestigious firms in the country. As a publicly funded law school, it should come as no surprise that the CUNY School of Law specializes in public-interest law. The University of Alabama has been routinely praised for both its affordability and academic rigor. Tuition is just under $20,000, which, again, is affordable but by no means among the cheapest. However, those who graduate from the University of Alabama have excellent job prospects. The employment rate is over 89% and the school has a nearly 95% 2-year bar pass rate. The University of Alabama is also one of the only law schools in the country that guarantees students the chance to participate in a law clinic. Another southern law school, the University of Mississippi’s School of Law is one of the oldest in the nation. With in-state tuition at just over $10,000, it is also one of the cheapest. More than 85 percent of graduates eventually go on to pass the Mississippi bar exam. This school also stands out for having the only Aerospace Law program in the country that is accredited by the ABA. Its location in Oxford, Mississippi also places you at the center of one of the most storied and beautiful cities in the American South. The Clarke School of Law at the University of the District of Columbia is located in the nation’s capital and is known for giving students from disadvantaged backgrounds, including minorities and those with disabilities, a chance at studying law. Its location in the District of Columbia also gives students an opportunity to sit front and center to the nation’s latest legal and political developments. The University of North Dakota is another affordable law school that often goes unnoticed, yet still manages to punch well above its weight. The University of North Dakota has long appeared on lists of America’s top-value law schools, with in-state tuition at just over $12,000. One of the main advantages of this school is the breadth of legal programs it offers, including certificates in Air Transportation Policy and American Indian Law. NCCU is a historically black institution that caters to traditionally underserved communities. With in-state tuition coming in at less than $10,000, this is a truly affordable school. Furthermore, the quality of the education is stellar. It ranks among the top four law schools in the country for clinical opportunities and close to 82 percent of its graduates go on to pass the state bar exam–well above the state average. Law school can leave you saddled with debt, especially if you choose to go to one that offers high tuition or few scholarship opportunities. However, if you think beyond the traditional Ivy League schools then you will find plenty of institutions offering a legal education that is not only affordable, but which opens up plenty of doors afterwards. "
Examining the President’s Legal Responsibilities,"The position of President of the United States is often referred to colloquially as the “most powerful man in the world”, or the “leader of the free world.” More than just a figurehead in American democracy, the role of president does come with legal responsibilities under the framework of the United States set forth in the United States Constitution and expanded upon over time. The President’s Legal Responsibilities can be seen across the executive, legislative and judicial branches of the government. According to WhiteHouse.gov, Article II of the United States Constitution sets forth the broad powers and responsibilities of the role of President of the United States. Under this article, the president is: “responsible for the execution and enforcement of the laws created by Congress. (The President) is to take care that the laws be faithfully executed.” The president is, under Article II, required to enforce all constitutionally valid Acts of Congress regardless of the view of that individual or administration’s view of the wisdom behind or validity of the policy. Presidents cannot possibly be directly involved in the administration and enforcement of the nation’s laws, which is why there are a total of 15 executive departments overseen by 15 different individuals and supported by millions of employees. It is the role of the President to appoint members to the cabinet positions overseeing these various departments of the executive branch, as well as many other executive agencies that are not part of the cabinet directly such as the CIA and the Environmental Protection Agency (EPA). The president sets national policy goals for the United States and appoints individuals to these cabinet and other executive department positions with the greater aim of achieve those goals while also implementing and enforcing laws written by Congress. The Cabinet and the many independent federal agencies are directly responsible for the day-to-day enforcement and administration of federal laws. In total, the president is legally responsible for the oversight of an executive branch that includes: The formulation of the United States sought to avoid the potential for an all-powerful dictator in charge of the nation, and as such power was distributed across the Executive Branch (President), Legislative Branch (Congress), and the Judicial Branch (Supreme Court). Even though the Constitution has provisions that vest “all legislative powers” in the body of Congress, the president does have a role as the chief formulator of public policy for the country, and as such has a major legislative role. Any President of the United States has the power to veto a bill passed by Congress, which blocks that act from becoming a law. While the President is legally bound to execute any laws successfully passed by Congress, which does hold the power to override a veto with a two-thirds vote in both houses (Senate and House of Representatives), the president can help establish the laws he or she believes is necessary for the country. In a special message to Congress delivered annually, the president has the power to propose major legislation, but has no power to enact those laws independently. Should Congress adjourn without hearing those proposed bills and voting, the president has the power to call a special session. However, the president’s legal abilities end here as the office does not have the power to set law, only enforce it. Again, the President of the United States holds no official power or legal ability to adjudicate the legality of laws in the US. However, the president does hold the constitutional power to appoint numerous public officials as mentioned above. This includes nomination of federal judges, particularly members of the Supreme Court of the United States. The president also has the ability to grant full or conditional pardons to those convicted of breaking federal laws, with the exception of the impeachment of themselves. Most frequently this is used to shorten prison terms or reduce fines. In times when the President of the United States has tried, or threatened to, refuse to enforce the constitutional laws of the US, the Supreme Court has stepped in to prevent such an occurrence. For example: In short, the Supreme Court notes that the president’s primary legal responsibility is to uphold and execute the laws of the United States as set forth by Congress, and that it is in fact illegal for the executive head of the nation to fail to uphold this legal obligation due to their own personal views or beliefs. While the President of the United States is legally obligated to uphold and defend the laws of the land as the direct head of the nation’s enforcement agencies, the role of president does offer some degree of wiggle room that many recent presidents have used to their advantage. The president is only empowered to sign legislation into law or veto it, not initiate legislation. However, in recent years presidents have become assertive in interpreting legislation in unique ways to circumvent laws with which the individual president does not agree with but is nonetheless bound to uphold in general. For example, the use of signing statements by the president enables them to direct executive branch officials to implement legislation according to a particular interpretation, even when the president objects to certain provisions of a particular law on constitutional grounds. The role of President of the United States is a powerful position that the Founding Fathers sought to limit, to the best of their ability, in an effort to avoid total control resting in the hands of one person. The legal responsibilities of the president have been laid out by the Constitution of the United States and changed little over the course of more than 240 years. "
Lawyers and Legal Malpractice: Three Things to Know About Insurance,"If you are starting your own law firm then you probably already have a lot of experience with handling clients, representing their best interests, and understanding how a law firm generally functions. What you may not know a lot about, however, is how legal malpractice insurance works. For lawyers, legal malpractice claims can end up being extremely costly, to the point that a single claim could easily ruin a small law firm that is just starting out. Malpractice insurance helps protect you and your law firm in the event that you are sued for alleged malpractice. Here are three important things to keep in mind about legal malpractice insurance. You may have heard that law firms are not obligated to carry legal malpractice insurance. Rather, those who do carry such insurance are merely required to report that fact to their state bar association. While it is true that legal malpractice insurance is not technically required, it is important to keep in mind that legal malpractice claims are fairly common, with five to six percent of private attorneys being sued for malpractice each year. Chances are that if your firm is around long enough then at least one disgruntled client will decide he or she has a claim against you (regardless of whether or not that claim has merits). Not all law firms are the same, which is why not all legal malpractice insurance policies are the same. You want an insurance policy that is going to be able to cover the potential costs of a malpractice claim against your firm. If you are representing large corporations in patent infringement cases, for example, then a malpractice claim against you could easily run into the hundreds of thousands if not millions of dollars. In that case, you will want a very high coverage limit. If, however, you deal primarily with middle class clients in family law cases then you can probably opt for lower coverage limits. First of all, no malpractice insurance policy will cover any illegal acts you engage in. Legal malpractice insurance is designed to protect you in case you make an error that subsequently exposes you to liability. Additionally, you will want to be aware of the gaps in coverage. Many insurance policies will only cover specific types of claims depending on the type of work you typically do. For example, if your law firm deals primarily in employment law, then that one personal injury case you took on the side may not be covered by your insurer. Check the terms of your policy closely and see if there are options for bridging any gaps that could ultimately leave you exposed. Even the best of lawyers make mistakes sometimes, whether it’s missing a meeting with a client or forgetting to file important paperwork by the appropriate deadline. While in many cases these errors are easily fixable, in others they could significantly damage your clients case and could expose you to a legal malpractice lawsuit. Because the risk of a malpractice lawsuit is so high, you do not want to be caught off guard if and when one happens to you. As the above article shows, having malpractice insurance could protect you and your firm from a potentially devastating malpractice lawsuit. "
Eleven Types of Legal Motions in U.S. Law,"For a court to take most actions on an issue that is in dispute, either party in a case must ask the court to decide on that issue. When a plaintiff, prosecutor, or defendant asks the court or judge to rule on a specific issue, that request is known as a motion. Legal motions are one of the most common facets of the American justice system and they ensure that controversial or disputed issues related to a case can be settled quickly and efficiently so that the case itself can ultimately be resolved in an effective manner. Different motions are used at different points in a trial, including: While there are lots of different types of legal motions, the ones below tend to stand out for being both very common and very important to individual cases. A motion to dismiss, which is more popularly known as “throwing out” a case, is requested when one side (usually the defendant) contends that the plaintiff’s claim is not one on which the court can rule. In other words, when a motion to dismiss happens, the moving party is not contesting the facts as presented by the other party, but merely saying that the claim at issue is not a legal one on which the court has any say. A motion to dismiss is one of the most important motions to understand in U.S. procedural law. The moving party in such a case may concede that the facts of the case are true, but that the case should nonetheless be dismissed because there is no legal issue presented in those facts that the court can rule on. This motion helps ensure that disputes that involve no legal issue do not end up wasting the court’s time and resources. In some cases, there may even be a legal issue at stake but the statute of limitations has expired, meaning the court can no longer deliver a verdict. Additionally, a motion to dismiss may be filed if the defendant waives his or her right to a speedy trial, has been granted immunity or a pardon, or if that defendant had been previously tried for the same offense, which is known as double jeopardy. During the discovery process both parties to a lawsuit or case will collect information and evidence that they can then use to build their case. The discovery process, like its name suggests, is when the prosecution and defense make efforts to discover all the facts of the case. Both parties can request information from one another to help establish the facts of the case. A number of different motions can be used to ensure that both sides are able to handle the discovery process to the best of their abilities. If the other party fails to respond to a request for information, for example, then a motion to compel discovery of that information could force that party to provide a response. Another motion to compel discovery could be used if the party responds to the request for information, but its response is vague or incomplete. Failing to comply with either motion could result in the offending party being held in contempt. When making a motion to compel, the moving party is asking the judge to use the power of the court to essentially force another party to do something that he or she has so far refused to do. As noted above, motions to compel can be used during the discovery process to ensure that both parties have full access to the facts of the case. For example, if the plaintiff refuses to answer questions in a deposition, the defendant may file a motion to compel the plaintiff to answer those questions. If that motion is granted and the plaintiff still refuses to answer the questions then he or she may face contempt of court charges. Of course, motions to compel can also be used when the trial gets underway, such as if a witness refuses to answer a question while testifying, and they are not limited solely to the discovery process. A motion to strike is requested when one of the parties wants something removed from the court record. This motion is usually requested when the record contains information or language that is not admissible evidence. A party may request a motion to strike if the language being removed from the record is redundant, vague, scandalous, immaterial, or impertinent. Furthermore, a party in a case can request that a vague statement be removed from the record and be replaced with a statement that is more specific and clear. A motion for summary judgment is perhaps the most frequently made motion. While not always available in all cases, the motion for summary judgment is made before the trial begins. This motion asks the judge to make a decision on the case without going to trial. Such a motion can only occur if none of the facts of the case are in dispute, thus all that needs to be decided is a final ruling on the case. If available, a motion for summary judgment can save both sides plenty of time and money. While a motion for summary judgment and motion to dismiss are often confused with one another, they are not the same thing. A motion to dismiss results in the case being thrown out altogether and no verdict being issued. With a motion for summary judgment, however, the court and both parties agree that there is a legal issue that the court can rule on. For a summary judgment to be issued there can be no dispute about the material facts of the case and the party filing the motion must be entitled as a matter of law to a judgment. A summary judgment is most often issued when the time has run out on the discovery process, meaning that neither side can gather any more evidence to help their case. Another motion that shares features with a motion for summary judgment and a motion to dismiss, a motion for a directed verdict is one whereby one party (in this case, the defense) asks the court to end the case. A motion for a directed verdict is made by the defense after the prosecution has already rested its case. This motion argues that the prosecution has failed to prove its case and that because of that the defense does not need to present any evidence. A motion for a directed verdict is essentially the same as asking the court to acquit the defendant because there is not a strong enough case to convict him or her. If the prosecution cannot prove its case or there is a fatal flaw in its evidence then it can be the prosecution itself that requests the court to no longer pursue charges against the defendant. This type of request is called a motion for nolle prosequi, which literally means that the prosecution has decided not to prosecute. This motion is often filed if new evidence has come to light either proving the defendant’s innocence or exposing a serious flaw in the prosecution’s case. A motion for nolle prosequi is basically the prosecution asking that the judge throw out the case because the defendant is either innocent or there is clearly not enough evidence to lead to a conviction. A motion in limine concerns what evidence can and cannot be presented to a jury in court. Instead of risking a jury being exposed to prejudicial evidence that may later be found to be inadmissible, a motion in limine ensures that such evidence is not presented to the jury in the first place. A motion in limine helps ensure that a defendant receives a fair trial, which is less assured if the jury is simply told to disregard evidence that it has already been exposed to. For example, in a criminal trial, the prosecution may mention a defendant’s previous conviction for an offense that has nothing to do with the offense currently being tried. While the defense may argue that mentioning that previous conviction should not be allowed because it is not relevant to the current case, the jury will nonetheless have already been told that such a conviction exists even if the judge sustains the objection and instructs the jury to disregard the information. A motion in limine ensures that that information is not presented to the jury in the first place. If either party violates the motion in limine then a mistrial may be declared. There are three types of motions in limine: inclusionary, exclusionary, and preclusionary. As their names suggest, when an inclusionary motion in limine is being made then the party is asking the court that certain evidence be specifically included in the trial. An exclusionary motion in limine, meanwhile, asks that information be excluded and kept from the jury (such as a defendant’s previous conviction, as discussed above). Finally, a preclusionary motion in limine can preclude potentially inadmissible evidence from being included. A motion for judgment n.o.v. (non-obstante veredicto) is made after the jury has delivered its verdict. A motion for judgment n.o.v. Is made by the defendant and asks the judge to reverse the verdict delivered by the jury. This is a rare motion that is only made if there are no reasonable grounds on which the jury could have reached its verdict, such as if the jury delivers a guilty verdict despite evidence that clearly proves that the defendant could not have committed the offense in question. Such a motion can only be used to overturn a verdict of guilty, which is why it is filed by the defense. For example, if a jury delivers a verdict of not guilty the prosecution cannot file a motion for judgment n.o.v. asking that the judge change that verdict to guilty. A motion to set aside judgment is another motion that can be filed after a judgment or verdict in a case has been delivered. This motion is a request for the court to nullify or vacate a judgment or verdict that had previously been reached in the case. Such a motion is generally filed if new evidence comes to light after the case has ended that may cast doubt on the original verdict. As such, a motion to set aside judgment cannot usually be made on grounds that were already considered by the court during the original trial. A unique aspect of a motion to set aside judgment is that it can be filed long after a verdict or judgment has been issued, even years afterward. A motion for a new trial is another motion that is filed after a verdict has been delivered. Either party can make a motion for a new trial if they believe that a significant error was made during the trial that necessitates a new trial. For example, evidence may have been introduced during the trial which had already been excluded because of a motion in limine. A motion for a new trial is not a request for the verdict to be changed or overturned. Indeed, the new trial could lead to the same verdict as the first trial. In many jurisdictions, and unlike a motion to set aside judgment, there are time limits for filing a motion for a new trial and missing these time limits could result in the trial’s verdict automatically being allowed to stand. Motions are ubiquitous in both civil and criminal trials and they are essential to keeping the courts moving. Motions can be filed before, during, and even after the trial has taken place. These motions help establish the parameters by which a fair trial can be best ensured and for placing greater confidence in the justice system. Furthermore, certain motions allow that errors that may have otherwise resulted in a wrongful conviction can be reversed. While there are many diverse types of motions, the ones described above are especially common and especially important in ensuring that justice is administered properly and fairly. "
Four Facts About Consideration Contract Law Requires You To Know,"One of the most essential components of an agreement that you can enforce in court is consideration. A promise to paint your neighbor’s fence might be a friendly gesture comparable to a gift. If you add the fact that your promise to paint the fence was made in exchange for your neighbor’s promise to do repairs on your car, the nice gestures might be the consideration contract law recognizes as supporting a legally enforceable agreement. Consideration is more than simply the payment of money in exchange for something whether it is services or goods. There are other forms of consideration that are not as easy to recognize as agreeing to pay $100 in exchange for a tire for your car. Consideration is what you give in exchange for what you get from the other party to the contract. Promises, promises Sometimes, the consideration for a contract takes the form of a promise in exchange for a promise. This creates what lawyers refer to as a bilateral contract or a bilateral agreement. The promise to paint your neighbor’s fence would be a gift were it not for your neighbor’s promise to fix your car. Here you have a promise given in exchange for a promise, so a legally enforceable contract has been created. If you do not paint your neighbor’s fence, you could be sued by your neighbor for breach of contract. When promises give way to actions When you agreed to pay $100 for the tire for your car, it might seem to be a bilateral contract, but it is not. Your offer to pay for the tire creates a unilateral contract because you are giving money in exchange for a tire. The consideration in a unilateral contract is a promise in exchange for an act. The promise is the offer of $100 upon receipt of the tire, or a promise for an act. Giving something up as consideration for a contract If your wealthy uncle asks you to stop smoking cigarettes for a year in exchange for his promise to give you $1000, your first thought might be: “What is he getting out of this.” Your promise to quit smoking is based upon your uncle’s promise to pay you the money, so it is an agreement you can enforce in court assuming you make it through the year without smoking. Consideration must be something promised or performed now or in the future, but it cannot be something you did in the past. For example, instead of asking you to quit smoking, your rich uncle promises to give you $1,000 for helping him last year when he was moving. A couple of weeks go by, but your uncle does not give you the money. Unfortunately, there is not too much you can do because the promise to pay you in consideration for your good deed last year is a past consideration, so the agreement is unenforceable. Understanding the concept of consideration contract law requires for a legally enforceable agreement can be difficult. An attorney might be able to answer your questions and concerns. "
Five Surprising Facts about Insanity Defenses,"Insanity defenses tend to provoke a lot of controversy, especially when a high-profile case ends with the accused being found not guilty because of a mental impairment. For some people, the fact that a person who clearly committed a crime could nonetheless be found not guilty of it is deeply troubling. However, the insanity defense has existed for centuries and is designed to ensure that defendants who are incapable of understanding what it is they may have done are not punished because of an action that was beyond their control. While the insanity defense sparks lots of debate, it is also highly misunderstood. Below are just four aspects of insanity defenses you may not know about. While they certainly garner a lot of media attention, the fact is that using the insanity defense is extremely rare. Numerous studies have been conducted into how common insanity pleas are and almost all of them have found that such pleas are made in less than one percent of cases. In fact, a 1991 study found that not only were insanity defenses made in less than one percent of cases at the county level, but that such defenses were successful only about a quarter of the time. There are three states where it is not possible use the insanity defense. Those states are Idaho, Montana, and Utah. However, while these states do not allow the insanity defense, defendants there must still be found mentally competent to stand trial, meaning that they understand the charges against them. Furthermore, in those three states defendants can still argue that they are not guilty if a mental condition made it impossible for them to have intended to commit the crime they are accused of. While some people get upset that a person who is acquitted of a crime by reason of insanity is viewed as “not guilty” in the eyes of the law, it is important to point out that such an acquittal does not necessarily translate into freedom back into society. In fact, the American Psychiatric Association has studied this issue and points out that those who are acquitted by reason of insanity are, on average, confined to an institution for longer periods than those found guilty of similar crimes are incarcerated in prison. Psychiatrists and psychologists play a big role in criminal cases involving insanity defenses. That is because these professionals are considered expert witnesses who can offer testimony to help determine whether or not the defendant is insane. However, the ultimate decision about whether or not a defendant is insane does not lie with these professionals, but rather with the jury and judge, who must take the evidence provided by expert witnesses into account when rendering their verdicts. Insanity defenses are often a hot topic in the press, but unfortunately much of the controversy fueling the subject is driven by assumptions that are not always backed up by facts. As the above article shows, the insanity defense, while controversial, is a rarely used and misunderstood defense designed to ensure that the justice system is fairly administered. "
Five Common Courtroom Objections and Their Meanings,"Courtrooms are places that most people would rather avoid. Most people associate courtrooms with lawsuits or criminal charges, and the procedures and terminology used by judges and lawyers can make it difficult for the average person to understand what is taking place. An attorney rising from his or her chair to shout, “Objection,” might seem odd, but there is a meaning behind each and every objection raised by an attorney. Here are five of the most common courtroom objections and their meanings to help you to understand what is happening. An out of court third-party statement offered for its truth by a witness might be inadmissible as evidence because it is hearsay. “John told me that he saw the defendant commit the crime,” is an example of a hearsay statement because the witness is repeating something said by another person. The reason for the hearsay rule is that John is not present in court to be cross examined about factors such as lighting conditions or his eyesight. “I saw John running out of the store, so he must have been the person who robbed it,” is an example of speculation by the witness. The witness can testify that John was seen running out of the store, but the rest of the testimony is speculation because John could also have been running away from the person who actually committed the crime. A leading question is one that is phrased in such a way as to provide the answer to the witness or lead the witness toward the answer the attorney wants to hear. As a general rule, leading questions can be answered with either “yes” or “no.” “Did John return to the house at 9 p.m.” is an example of a leading question. Leading questions are permitted during cross examination of a witness. Expert witnesses, due to their training, education, experience and knowledge, can be asked questions seeking their opinion on a particular topic or issue. Before the opinion can be offered, the attorney asking the question must lay a foundation that demonstrates the expertise of the witness. This is usually accomplished by asking the witness to list his or her credentials and background. The purpose of the evidence offered at a trial is to prove something that is in controversy. Sometimes, the value of the evidence is outweighed by its prejudicial nature. For example the introduction of photographs taken during an autopsy might be objected to by defense counsel as being prejudicial because of the shocking images they portray. The attorney making the objection might argue that the testimony of the medical examiner who performed the autopsy is sufficient to prove the cause of death without the inflammatory photos. The rules and procedures for objections have changed over the years. Today, lawyers frequently make an objection without stating a reason for it which is now an acceptable procedure over the older rule requiring the lawyer to explain the basis for each objection. "
A Motion In Limine Can Prevent Damage At Trial,"Raising objections to the introduction of evidence is usually associated with the trial stage of a civil or criminal case. It is not necessary to wait until the opposing party attempts to introduce the evidence at trial to raise the objection. Motions in limine can be at any stage of a case to obtain an order from the court limiting the introduction of specific evidence at trial. Limine means “threshold” in Latin, so a motion in limine is a motion made to the court at the beginning of a case. In practice, the motion can be made at any stage of the proceedings including at the trial, but they are most effective when made prior to trial so to avoid the risk of jurors being prejudiced by hearing an attorney begin to introduce evidence followed by an objection by opposing counsel. A defense attorney might consider the use of a motion in limine in a civil case arising out of a car accident that was filed by an injured plaintiff. If the defense attorney believes the plaintiff might try to introduce evidence of the defendant’s conviction 20 years ago for driving while intoxicated, a motion in limine might be better than waiting until the plaintiff’s attorney attempts to ask about it on cross examination of the defendant in front of the jury. Experts are frequently called upon to testify at trials and offer an opinion based upon their expertise in a specific area. The rules of evidence require proof that the witness has the proper education, experience and practical skills to qualify as an expert. Instead of waiting until the witness is called to the stand to testify at the trial, the opposing attorney can make a motion in limine asking the judge to determine in advance of the trial whether the witness has the proper qualifications to render an expert opinion. The judge might elect to conduct a hearing in advance of trial to settle the question of the witness’s qualifications and decide if the individual will be allowed to testify. If the defense attorney in a wrongful death case arising from a serious motor vehicle accident finds out that the plaintiff intends to offer photographs of the deceased taken during an autopsy, he or she might want to exclude them from the trial as being prejudicial to the defense. The attorney might argue that the gruesome nature of the photographs far outweighs any probative value they might have in the case. Even though a verbal objection could be made when the attorney for the plaintiff’s estate offered the autopsy photographs into evidence the damage might already have been done. The chances of some or all of the jurors seeing and being affected by the images before the objection is made and ruled upon is an unnecessary risk that could be avoided by a motion in limine. "
Is There a Difference Between Attorney-Client Privilege and Confidentiality?,"Attorney-client privilege and attorney-client confidentiality are vital to the relationship that exists between a lawyer and his or her client. Without protections surrounding privilege and confidentiality, attorneys would have an extremely difficult time creating open and trustworthy communications with their clients, which, in turn, would make it difficult for clients to be well represented in legal matters. However, attorney-client privilege and attorney-client confidentiality are two-term that often get confused with one another–even, sometimes, by attorneys themselves! While these two concepts overlap in many ways, they are also different from one another in some very important aspects. Attorney-client privilege and attorney-client confidentiality often get confused for one another because in many cases they serve the same purpose, which is to protect the confidentiality of the information and/or communication that is shared between an: These two concepts are vital for allowing clients to feel as though they can be open and honest with their attorneys without fear of reprisal or self-incrimination. Without such safeguards, clients would likely feel compelled to withhold vital information out of fear that such information could result in undesirable consequences. Privilege and confidentiality, therefore, allow attorneys to provide better legal representation since these safeguards ensure that the attorney is in possession of more information about his or her client’s case.  What Is The Role Of A Defense Attorney? The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle. The difference between an evidentiary and an ethical principle matters in a number of ways. First, attorney-client privilege tends to be much narrower in scope compared with attorney-client confidentiality. While attorney-client privilege differs by state, in general, it refers only to communication between an attorney and his or her client. In many cases, attorney-client privilege only protects such communication if that communication pertains to the litigation at hand and it also does not protect communication that is available from a third-party source. Additionally, there may be a number of instances where attorney-client communication is exempt from privilege protections. In contrast, attorney-client confidentiality tends to be much broader in scope. Confidentiality requires the attorney to not only not reveal information that has been shared with him or her by the client but also prevents that attorney from using such confidential information in a way that may be disadvantageous to the client. Furthermore, the duty of confidentiality pertains to most information that may be used against the client, whether or not that information was revealed by the client or by a third party. For example, if an attorney receives information from a client’s friend that could harm the client’s case then attorney-client confidentiality would still forbid that attorney from using that information against his or her client. Again some information may be exempt from attorney-client confidentiality protections. Attorney-client privilege and confidentiality are such overlapping concepts that it is easy to confuse one with the other. However, as shown above, there are some very significant differences between these two principles and these differences can have an important impact on how an attorney chooses to advance his or her client’s case.   "
The Two Different Types of Compensatory Damages,"Damages are extremely common in personal injury lawsuits. Many people tend to think of damages in terms of compensatory damages, which literally compensate the plaintiff for the loss she or he has incurred, and punitive damages, which are designed to punish the defendant for his or her behavior. What some people may not be aware of, however, is that compensatory damages themselves are also divided into two different categories: special damages and general damages. Understanding these two types of damages is essential for understanding how courts compensate plaintiffs for losses they have suffered. Special damages are the more straightforward side of compensatory damages. Essentially, special damages are those damages that are easily calculable. They often have a firm dollar figure attached to them that are not really up for debate. Medical bills, for example, count as special damages since they provide firm evidence of the dollar amount that would need to be compensated by the defendant if the plaintiff was successful in his or her case. Other easily calculable expenses that are classified as special damages include lost income due to time that had to be taken off work, property loss and damage, and out-of-pocket expenses related to the incident that is at the center of the litigation. Basically, special damages are those that can easily and quickly be calculated without too much debate. In contrast to special damages, general damages tend to be much more subjective and difficult to pin down. General damages include items like pain and suffering, mental illness, anxiety, and emotional distress that are related to the injury in question. After all, a serious car accident doesn’t just leave a victim with physical injuries, but also, in many cases, causes emotional distress, such as frequent nightmares, traumatic symptoms, and anxiety. Quantifying these items is obviously much more difficult than quantifying special damages. Some courts use the “multiplier method,” which calculates general damages by multiplying the sum total of one’s special damages by a number that is dependent on the seriousness of one’s injuries. In other cases, courts will use the “per diem” method, which attaches a dollar value to each day that the plaintiff suffered because of the accident and then adds the value of all those days together. In some cases, court will use a mix of the multiplier method and the per diem method. Regardless, in most instances general damages are usually higher for those who have suffered more serious injuries and lower for injuries that may be considered relatively minor. Compensating injury victims is an important part of personal injury law and is something that civil courts grapple with throughout the country. While specific damages are clearly fairly straightforward, general damages routinely challenge courts to come up with a dollar figure for something that is highly subjective in value. Determining what is an appropriate amount of compensation for injury victims continues to stir up quite a bit of debate, not just among legal experts themselves, but in the media and throughout society. "
Three Potential Consequences of Breach of Fiduciary Duty,"There is no legal standard of care higher than fiduciary duty. Fiduciary duty exists in many different contexts and situations, but it essentially refers to times when a special trust or confidence is placed in one party by another. For example, directors of corporations have a fiduciary duty to their shareholders, attorneys to their clients, and doctors to their patients. This high duty of care exists because in many of these cases the person who owes the fiduciary duty to another party is expected to use his or her knowledge or expertise in order to advance the interests of his or her client, shareholder, patient, etc. Because of this high duty of care, breaching fiduciary duty is considered very serious and can result in litigation. Here are just some of the potential consequences of breaching fiduciary duty. If an alleged breach of fiduciary duties leads to litigation then one of the most common outcomes is for the victim to receive compensatory damages. As their name suggests, compensatory damages are designed to compensate the victim for loss he or she has incurred as a result of the breach. For example, shareholders in a company may argue that a decision made by the director of the company was designed to profit the director at the expense of the shareholders. The shareholders would have to show the court that the director breached his or her fiduciary duty and also show that such a breach resulted in a loss for the shareholders. If such a breach were proven then the court could order the director to pay compensatory damages to the shareholders. In some jurisdictions, violating fiduciary duty can also lead to punitive damages. Punitive damages go beyond compensatory damages and are designed to punish the party that violated the fiduciary duty in question. Such punitive damages not only discourage the defendant from committing the same breach of fiduciary duty in the future, but they also send a message to society at large that breaching fiduciary duty will result in consequences for offenders. Punitive damages are typically only awarded in cases involving fraud or malice. Aside from the monetary damages incurred, professionals may also face other consequences that could significantly hamper their careers. A breach of fiduciary duty by an attorney, for example, could form the basis of a legal malpractice lawsuit. Depending on the specific claims made, such a breach could even result in an attorney eventually getting debarred. Additionally, a breach of fiduciary duty could result in the loss of a professional license or accreditation, such as in cases involving serious breaches of fiduciary duties by a doctor or an accountant. The loss of such licenses could potentially be worse than being ordered to pay financial damages and could lead to an inability to stay in one’s profession of choice. A fiduciary duty is one of the highest duties of care that currently exist and breaching it is a serious offense. As the above article shows, failing to uphold one’s fiduciary duties could not only lead to major financial consequences, but could even spell the end of one’s career. "
The Tricky Task of Proving Payment: A Rent Receipt Can Make The Difference,"Assuming that you pay your rent on time and try to live the life of a model tenant, a letter from your landlord claiming that you owe rent might be alarming to you. Even more alarming might be the fact you cannot find a rent receipt for the month your landlord claims was not paid. Disputes over rent payments can end up in court as your landlord attempts to evict you. Courtrooms are anxiety producing places that most people would like to avoid. Unfortunately, a dispute with your landlord over the payment of rent is one of those situations in which going to court might be unavoidable. One of the reasons for the stress and anxiety people experience is their lack of understanding of the process and procedures associated with a civil case. A court is someplace where people can bring disputes and conflicts to be settled by an impartial judge. Judges have the authority make binding and legally enforceable orders after reviewing the testimony, documents and other evidence presented by each of the parties. The fact that judges usually know nothing about the parties or their dispute other than what is written in the papers filed to get the case into court means that the evidence presented by each side in the dispute is essential. The party initiating the court proceedings, frequently referred to as either the plaintiff or the petitioner, has the burden of proving the facts in dispute. The landlord suing a tenant for nonpayment of rent would have the burden of proving each of the following elements of the case through the use of a combination of witnesses and documentary evidence:
 The existence of a written or oral lease
 The occupancy of the leased premises by the tenant
 The amount of the agreed upon rent
 The failure of the tenant to pay the rent Proving that the tenant did not pay the rent can be accomplished merely through the testimony of the landlord stating that the rent was not paid. Once the landlord claims nonpayment, the burden of proof shifts to the tenant. Whether a case is based upon the failure of a tenant to pay rent or the default by a debtor in paying money owed under the terms of a promissory note, the burden is on the person claiming payment was made to present evidence to prove it. A rent receipt or a cancelled check would be the easiest way for a tenant to prove that rent was paid. A rent receipt help you to avoid going to court over a rent dispute. You should demand a written receipt whenever making a payment in cash for rent or for any debt or obligation. Some states have enacted laws placing the burden on landlords to give written receipts for cash payments or risk not be allowing to use the courts to collect unpaid rent. "
How to Write a Resignation Letter like a Lawyer,"When it comes to writing a resignation letter, we all know how important it is to provide sufficient notice, make sure our grammar and spelling are correct, and state when our resignation will take force. What many people overlook, however, is that there are also important legal considerations to keep in mind when handing in a resignation letter. An improperly drafted resignation letter could spell trouble for future lawsuits or it might put in jeopardy benefits that you are otherwise entitled to. Regardless of your job, you need to learn how to write a resignation letter… like a lawyer! The first thing to work out is whether you are really resigning or actually being forced from your job. Your boss may have told you you are being let go, for example, but nonetheless gives you the “opportunity” to write a resignation letter so that you can tell future employers that you resigned instead of getting fired. However, by resigning and not allowing your employer to let you go, you may make it difficult if not impossible to qualify for severance pay or unemployment benefits. Most employment contracts state what notice period is required when an employee resigns or his or her position is terminated. Make sure you read your employment contract and respect the notice period. By failing to respect the notice period, you could be considered in breach of your employment contract, which could expose you to a lawsuit by your employer. In many cases, even if you provide enough notice, the employer will ask you to leave the premises immediately so that neither of you will have to deal with the awkward situation of continuing to work together when you both know that you’ll be leaving soon. Your resignation letter should not be longer than is necessary. In fact, brevity may help you in the long run by reducing your legal exposure. Only include the items that are necessary for the resignation letter to be effective, such as when your resignation will take effect, when company property in your possession will be returned, and if any salary or benefits are due to you. In most cases, outlining why you are resigning is unnecessary and a bad idea, since it could eventually be used against you if your employer claims you are in breach of contract. When writing a resignation letter, you want to make sure that you are not unintentionally exposing yourself to possible legal action. A resignation letter is an important document and before handing one in to your employer, you should check with an employment law attorney to ensure that your rights are being protected. "
Know These 3 Things Before Agreeing To A Lease Takeover,"There are many reasons why a business or an individual might need to find someone to agree to a lease takeover. If you rent an apartment, the once-in-a-lifetime job opportunity across the country might not allow you to wait until your lease expires to move. As a business owner, the commercial space on which you signed a ten-year lease five years ago might not be sufficient to accommodate your growing business. One method of getting out of a lease is to find someone willing to do a lease takeover with you. Before jumping into an agreement to have someone take over your lease, there are three things you must understand about the process. The assignment of a lease to another tenant might require the consent of your landlord. Some states have laws severely limiting the right of a landlord to refuse to consent to the assignment of a lease on residential property. Most states do not place the same restrictions on the owners of commercial properties, so you should check the laws in your state to find out what rules apply in your particular situation. If you do not obtain the consent of your landlord to a lease takeover, you could remain legally obligated for the rent and other obligations under the lease in the event the new tenant does not fulfill them. For example, if the tenant taking over your lease does not pay the rent, the owner of the property can sue you for it. The reason for this is that the original lease was between you and your landlord. By not getting the landlord to agree to the lease takeover by the new tenant, you would continue to be liable under its terms. Finding a tenant to take over a portion of the property that you are leasing is referred to as a sublet. The new tenant signs a sublease agreement with you agreeing to pay your rent for the portion of the property being sublet. In effect, you become a landlord for the portion of the property specified in the sublease. A sublease is not a lease assignment or lease takeover because you remain as a tenant for the portion of the property not affected by the sublease. As far as your landlord is concerned, you are responsible for payment of the rent on the property described in your lease. The sublease does not relieve you of your lease obligations to your landlord. Entering into a lease takeover with someone without a written agreement signed by all parties, including the landlord, is dangerous. A written assignment of lease that clearly states the terms and conditions under which you are allowing someone to take over your lease is valuable as evidence in the event of a dispute between: Before agreeing to any lease takeover, you should consult with an attorney who practices in the area of leases and tenant’s rights. You can avoid costly mistakes by having the attorney review your lease assignment to make certain that it complies with local laws and protects you from liability. "
Hiring Someone To Represent You: Five Questions To Ask A Lawyer,"Every lawyer must pass a bar examination and be screened before being allowed to practice law, but choosing the lawyer who is the best one to handle your particular legal matter can be a daunting task. Deciding which of the many lawyers admitted to practice in your state is the right one to represent you may come down to the answers you receive to these five questions you should ask a lawyer before hiring him or her. Don’t exclude an attorney from consideration simply because the person has not been practicing for very long. Ask a lawyer who is recently admitted to the bar to explain to you the experience the individual has had handling your type of legal matter. You might be surprised to learn that the attorney clerked for a judge and has considerable experience researching and writing opinions about the area of law in which you need representation. Some states certify attorneys as specialists in particular areas of the law, including: .   Family Law .   Criminal Law .   Elder Law .   Civil Trial Advocacy .   Estate Planning, Trusts and Estates Ask a lawyer if he or she possesses a certification as a specialist in the particular legal area in which you need representation. The Martindale-Hubbell Peer Review Ratings use responses from randomly chosen attorneys located in the general geographic vicinity as the attorney chosen to be rated. Ratings are based upon the following five criteria: .   Legal knowledge .   Judgment .   Analytical ability .   Communications .   Legal experience The sources of the ratings are not revealed to the attorney being evaluated to keep the results impartial. A high Peer Review Rating is a good indicator of how the lawyer is thought of within the local legal community. It might come as a surprise to people that malpractice or, as it is also referred to, professional liability insurance is not carried by all attorneys. If the attorney you are considering hiring to represent you does not handle the matter correctly, you might be able to receive compensation from the malpractice policy. Ask the lawyer how much it will cost to be represented in the particular legal matter and how payment is to be made. You do not want to be shocked by an unexpectedly large bill for services rendered at the conclusion of the case, so ask the lawyer the amount of the fees, the expenses for which you are responsible and how frequently you will be billed. Regardless of the questions you ask a lawyer, you should take advantage of the opportunity to speak to current or former clients to find out about their experience with the attorney or with the law firm. Client referrals or recommendations coupled with information you get from the questions you ask the lawyer will help ensure that the person you select is the best one for the job. "
Five Ways to Spot a POA Scam,"A power of attorney (POA) is a powerful legal tool that grants one person the authority to make legal decisions, such as those related to health and financial matters, on behalf of another individual. When placed in the right hands, a POA is an important way to ensure that people who are temporarily or permanently incapable of making their own decisions have somebody they can trust to make those decisions for them. However, POAs are also rife with abuse and, when placed in the hands of unscrupulous or greedy individuals, they can quickly lead to scams and fraud. Here are five ways to spot a possible POA scam. In many cases, an individual needs only grant power of attorney to another person for limited duties or for a temporary amount of time. For example, if a person injures herself, she may grant power of attorney to a neighbor to have that neighbor renew her driver’s license while she is incapable of doing so herself. However, the neighbor may take advantage of the situation and have the injured woman agree to a POA that grants the neighbor complete access to her bank accounts. If somebody seems to have more power than appears warranted given a certain situation, then POA abuse may be occurring. Another common scam occurs when an elderly person has a mishap and suddenly a long-lost relative, such as a nephew or cousin, shows up offering condolences and support. Soon, this “caring” nephew convinces the elderly relative to sign over a POA so that the nephew can provide better care. What often ends up happening is that the supposedly concerned relative ends up using the POA to raid the elderly relative’s accounts. Another tactic that a greedy relative or friend may use is to convince an elderly person that they can substantially increase their retirement savings if they allow that money to be invested in a “sure fire” business opportunity. This relative may place the money into their own highly speculative venture, which in many cases not only fails to produce the promised returns but also leaves the elderly individual with little left in his or her accounts. Elder abuse is a growing problem and one in which POAs can play a powerful role. Somebody who abuses a POA violates not only the trust an individual has placed in him or her, but also breaks the law. Proving such abuse is happening could be key to revoking power of attorney and ensuring that elderly loved ones are being cared for properly and with respect. "
How The Supreme Court Changed The Number of States that Allow Gay Marriage,"Before the U.S. Supreme Court ruling in 2015 declaring laws banning same-sex marriages to be unconstitutional, a review of marriage laws throughout the country would have revealed that states that allow gay marriage far outnumbered those that did not. In fact, 37 states allowed same-sex marriages, so what were the issues preventing all states from granting marriage licenses to gay couples? Each state sets its own standards for the marriages that it agrees to recognize as being legally valid. The issuance of a marriage license is just the first step in a process established by legislation. Couples must meet requirements as to age minimums and residency restrictions in order to be eligible to receive permission to marry. State legislatures set the standards for marriage and determined who would be allowed to marry. For example, states have laws prohibiting marriages between individuals related by blood. They also have laws that allow the state to refuse to recognize as valid a marriage entered into when one or both of the parties is already married to another person. The argument the dissenting justices made in the 2015 case was that the Court’s ruling was usurping the authority of the state legislatures by redefining the very concept of marriage stripping the states of the right to control marriage within their own borders. This argument focused on the long-held belief that marriage was a union between a man and a woman. The dissenters claimed that the action taken by the Court was and should remain a legislative function. Speaking for the majority of the Court, Justice Anthony Kennedy wrote that the intimate relationship associated with marriage should not be denied to a couple simply because the partners were of the same sex. He rejected claims that procreation and childrearing were essential to a marriage and could not occur in a union unless the parties were of the opposite gender. Kennedy wrote that many traditional marriages exist in which the parties choose not to have children and many same-sex couples want to adopt children and raise them under the same union as straight married couples. The foundation for the ruling in Obergefell v. Hodges was the Fourteenth Amendment process and equal protection provisions. Denying a marriage license to a couple solely on the basis of the sexual orientation of the parties was preventing same-sex couples from enjoying the same rights and benefits granted to other couples. The increase in the number of states that allow gay marriage to all 50 states and the District of Columbia does not affect marriages in other countries. The Supreme Court ruling is limited to marriages in the U.S., but the global media attention the decision triggered might cause countries with laws similar to those that existed in states that previously banned gay marriages to rethink their policies. "
Five Steps That Show You How To File For Divorce,"The legal separation of man and wife, effected, for cause, by the judgment of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties. Atherton v. Atherton, 181 U. S.155, 21 Sup. Ct. 544, 45 L. Ed. 791; Miller v. Miller, 33 Cal. 355; Cast v. Cast, 1 Utah, 112. The dissolution is termed “divorce from the bond of matrimony,” or, in the Latin form of the expression, “a vinculo matrimonii” the suspension, “divorce from bed audboard,” “o mensa ct thoro.” The former divorce puts an end to the marriage; the latter leaves it in full force. 2 Bish. Mar. & Div. TLD Example: The decision by the couple to end their marriage by filing for a divorce shocked their friends and family. See, How Long Does an Uncontested Divorce Take?; What Is an Online Divorce? Explanation and Tips; 5 Ways to Get a Cheap Divorce "
Four Reasons to Use a Bill of Sale Template When Selling a Car,"Buying or selling a motor vehicle is a major financial transaction for most people. If you are planning on buying or selling a car, then you have likely done a lot of preparation, such as ensuring you receive or pay a price that seems reasonable to you. What you may have overlooked, however, is the importance of a bill of sale once your transaction is finally completed. A bill of sale is an extremely important document when buying or selling a car and a bill of sale template can help you during your own purchase or sale. Here are just four reasons why you need a bill of sale when buying or selling an automobile. A signed bill of sale provides important legal protections to the buyer and even to the seller. For the buyer, the bill of sale proves that a transaction took place. This information is extremely important if something serious is wrong with the vehicle that the seller knew about but failed to notify the buyer of. Furthermore, without a bill of sale tickets on the vehicle, such as parking and speeding tickets, that are incurred by the new owner could become the responsibility of the previous owner. It is extremely important that when creating a bill of sale that it be signed by both parties.  A bill of sale for a car is much more complicated than the receipt you receive at your local supermarket or in most retail stores. In most states, a bill of sale for a car must include relatively detailed information, including the: This information can make registering the car in the new owner’s name much easier since this is also the information many states require during registration. A bill of sale can also make it easier to make a smarter and more informed decision about the car being purchased. While the seller may have provided you with a vehicle history report, you may feel more comfortable carrying out your own check on the vehicle’s history. The information included on the bill of sale can be compared against a vehicle history report to ensure that the vehicle history report is accurate. Also, you can use the bill of sale to conduct your own inquiries into the vehicle’s history. In some states, getting a bill of sale not only makes practical and financial sense, but it is also the law. Additionally, most states also layout requirements for what information must be included on a bill of sale. Some states even require that a bill of sale for an automobile be notarized. Find out your own state’s laws and remember that a bill of sale is not proof of ownership. For ownership, you will need a title transfer. How To Sign Over A Car Title To Someone Writing out a bill of sale is not something that comes naturally to most people. Fortunately, a bill of sale template can help those who are selling or purchasing a vehicle ensure that their bill of sale covers all necessary information and protects them in case a dispute about the transaction arises later on. "
Three Surprising Facts About Holiday Pay,"When it comes to holiday pay, Scrooge would love today’s wage and salary laws. As far as federal law is concerned, Christmas, New Year’s Day and even Labor Day are just regular days of the week if they fall on a day on which you are scheduled to work. If your employer gives you Christmas Day off, chances are you are not entitled to holiday pay. Here are three facts about holiday pay that might surprise you. Hourly workers or, as they are officially and legally known, non-exempt employees, are not entitled to any additional pay for working on a holiday as long as it is part of the 40 hours they work that week. The law requires employers to pay you overtime for each hour you work in excess of 40 hours a week. Unfortunately, if Christmas Day is a regularly schedule workday for you, your employer is not required to pay you extra for working on a holiday. Some employers give their workers the day off on certain holidays and, sorry Mr. Scrooge, pay them for the day. Keep in mind that if the company you work for is one of those paying holiday pay, its owners are not doing so because of any legal obligation to do so. They are simply being nice employers. So, you are a non-exempt worker and your employer gives you Christmas Day off without pay. As you now realize, there isn’t much you can do about it. However, if the company holiday party is an event that you are required to attend, the law treats it as a workday for which you must be paid. You religion might not allow you to work on certain holidays. If it is truly a religious belief and your absence will not cause a burden to your employer, then you would have the right to take the day off. Don’t count on getting paid for the holiday unless your employer has a company policy in place of paying its workers holiday pay. Salaried employees are considered to be exempt from the rules that generally apply to hourly workers. Since you are not paid based upon the hours you work, your employer cannot deduct anything from your check if your employer closes on a holiday. On the other hand, if you work on a holiday when other employees are off, you might earn the thanks and gratitude of your boss, but don’t think that working on the holiday entitles you to receive holiday pay. Whether you are an exempt employee or non-exempt, the presence of a union could change the rules about holiday pay. Collective bargaining agreements negotiated by unions could affect your entitlement to holiday pay. The best recourse if you are a union member with questions about payroll issues is to speak with your union representative. "
IRS Form SS-4: Four Ways To Obtain An Employer Identification Number,"In much the same way that a person needs a Social Security number in order to file income tax returns, businesses, estates and trusts, and organizations must also have an identification number to put onto the return. An Employer Identification Number, or EIN for short, is an identification number obtained from the Internal Revenue Service for tax-filing purposes. One method for obtaining an EIN is to file IRS Form ss-4, but there are actually four ways to apply of it. It takes about four weeks for the IRS to process an ss-4 form from when they receive it if you apply through the mail. The information requested on an ss-4 includes: .   Name and address of the entity or person for whom the EIN is requested .   The name and Social Security number or EIN of a responsible party acting on behalf of the entity or organization applying for an EIN .   The type of entity or organization .   The reason for applying for an EIN .   Number of employees of the entity The ss-4 must be signed by someone authorized to sign on behalf of the party or entity in need of the EIN. The completed application must be sent to the IRS processing center indicated in the instructions that accompany the ss-4. The IRS allows you to file your Form ss-4 with them via fax. The process is essentially the same as applying for an EIN through the mail except that the completed ss-4 is sent by fax. The processing time for a faxed application is four business days from the date of its receipt by the IRS. The EIN will be sent to you by fax once the application is processed. The fastest way to obtain an EIN is to apply for it over the internet. You can go to the IRS website and complete an online application that asks for the same information contained in the paper ss-4 you fill out to apply by mail or by fax. The owner, general partner or officer of a business entity must have a Social Security number or EIN in order to apply online. Executors of estates and trustees of a trust applying for an EIN must have their own Social Security number or EIN in order to complete the online application process. The online application will get you an EIN immediately. As soon as you complete the online process, the website issues you the EIN and allows you to print, save and download confirmation. Telephone applications for EINs are available to international applicants. The process involves the answering questions concerning the information on the Form ss-4. Whether you apply online, through the mail, by fax or by telephone, the IRS does not charge a fee for an EIN. IRS Form ss-4 can be obtained free from the IRS website. Businesses and entities that already have an EIN might need to obtain a new one if there has been a change in ownership. "
Three Things You Need To Know If You Are The Victim Of Workplace Harassment,"Federal laws and Department of Labor policies prohibit workplace harassment. Most states also have laws against such conduct, so if you are the victim of harassment in the workplace, you have remedies available to you at both the state and federal levels of government. Workplace harassment is usually associated with offensive conduct of a sexual nature, but other forms of more subtle behavior in the workplace can also be a violation of the law. These three facts about workplace harassment will help you to recognize it, and know what to do if you are a victim. Federal laws treat harassment in the workplace as a form of discrimination. Harassment is any unwelcome conduct related to another person’s age, nationality, race, color, religion, gender, genetic information or disability. The workplace harassment usually takes on one of two forms: Quid pro quo harassment or hostile environment harassment. Quid pro quo harassment is when you are forced to endure and accept offensive conduct as a condition of continued employment or other favorable employment decision from someone acting in a supervisory role over you. Examples of this type of harassment include: .   Being fired or demoted because you refused a boss’s sexual advances .   Being denied a promotion or being assigned fewer work hours because you refused to engage in a religious activities at the workplace   The other type of harassment in the workplace is hostile environment harassment. Unwanted conduct from co-workers, contractors or other people at your workplace that creates an intimidating, hostile or offensive environment for you is workplace harassment. A hostile environment can be created even though the conduct might not have been directed at you. Any behavior that is pervasive or severe enough to make you feel uncomfortable or intimidated is a violation of the law. Examples of hostile environment harassment include: .   Co-workers telling off-color jokes or using profane language related to race, nationality, religion or other similar topics that you consider to be offensive .   Comments about a person’s physical attributes .   Making sexually suggestive gestures .   Displaying pictures or images that are sexually suggestive .   Engaging in physically hostile conduct, such as making threats of physical harm The truth is that conduct that you might consider as being offensive might be acceptable to someone else. Because of this, courts apply a reasonable person standard when evaluating behaviors that are claimed to be offensive. Judges look to see if the conduct was solicited or invited by the employee claiming to be offended by it. As a general rule, if you are subjected to conduct that you find to be offensive or that might be a form of workplace harassment, complain to a supervisor. If the person engaging in or allowing the behavior is your supervisor, you should complain to someone in a higher management position in your company. Employers that fail to institute measures to stop workplace harassment can be liable for damages under state and federal laws. When in doubt about what to do, speak to an attorney or file a complaint with your state labor department. "
What are the Differences Between Civil Unions and Marriages?,"When the U.S. Supreme Court effectively made same-sex marriage legal across the United States in 2015, it seemed as though the debate between civil unions and marriages was over. However, while same-sex marriage is now legal in the U.S., civil unions and similar types of unions, such as domestic partnerships, still exist in some states. Understanding the differences between civil unions and marriage can be difficult, especially as the impact of the Supreme Court’s landmark ruling continues to be felt. With the changing nature of this important legal issue kept firmly in mind, here are some of the differences between and similarities among civil unions and marriages. Most states passed civil union laws in order to give same-sex couples most or all of the rights afforded to married couples without actually granting them the formal recognition of being married. In many states, civil unions were legalized prior to the legalization of same-sex marriage. Therefore, some states that had recognized civil unions subsequently converted those unions to marriages once they legalized same-sex marriage. In other words, civil unions are marriage-like without formally being recognized as marriages. Civil unions are offered on the state level and, therefore, the rights afforded to people in civil unions are limited to those that can be granted by states (as opposed to rights granted by the federal government or other states). Civil unions, therefore, often grant inheritance rights, spousal employment benefits, joint ownership rights, joint parental rights, spousal support rights, and the right not to testify against one’s civil union partner. The biggest drawback of civil unions, however, is that they are often only recognized by the states where such civil unions are issued. Civil unions are not recognized under federal law and many states also don’t recognize these unions. This lack of recognition is extremely important since married couples are entitled to a number of federal benefits through their spouses, including rights and benefits related to Social Security, Medicaid, and immigration. The only civil unions recognized by the federal government are those that have been converted into marriages. Likewise, because states are responsible for setting out their own marriage laws, civil unions may not be recognized in all states. This lack of recognition can pose major problems and challenges if a couple in a civil union decides to move to a state where their union is no longer recognized. Domestic partnerships are often the same as civil unions. In most cases, the only difference between a civil union and a domestic partnership is that one term is used in certain states while the other term is used in the remaining states. Now that same-sex marriage is legal in the U.S., the importance of civil unions and domestic partnerships has declined considerably. However, civil unions do continue to exist in a handful of states. People who remain in these unions should understand how their rights and benefits may have been impacted by the Supreme Court’s ruling and whether marriage may be a more practical course of action given the questionable relevance of civil unions going forward. "
Four Reason Why a Landlord Can (and Can’t) Reject a Rental Application,"Applying for a rental apartment, especially in hot markets like New York City and San Francisco, can be a stressful experience. Making a rental application is a major step in any apartment hunt as it shows a very serious desire to rent out the dwelling place in question. For many prospective tenants, the rental application can lead to a lot of anxiety, especially if they have concerns about the application getting rejected. While landlords are free to mostly choose whomever they want to live in their buildings, state and federal laws do prevent certain forms of discrimination against prospective tenants. Here are three reasons why a landlord can turn down a rental application–and one big reason why they cannot. Most landlords will ask about a prospective tenant’s income and will also check his or her credit history. A landlord wants to be assured that a tenant will be able to pay rent on time each month. If a prospective tenant’s income appears too low or if their credit history reveals a large number of debts or a history of late payments then the landlord is free to reject the application. It is at the landlord’s discretion to decide what a suitable income level is, but many landlords aim for tenants for whom rent will not account for more than a third of their incomes. A landlord can also check a prospective tenant’s references and is especially likely to do so if those references include former landlords. A landlord is free to reject a person’s rental application if his or her references reveal problems, such as damage that was incurred to previous properties the tenant occupied or noise complaints against the tenant. Additionally, a landlord can reject a rental application if the applicant was subject to an eviction notice. A landlord owns the building an applicant is trying to become a tenant of, meaning the landlord is largely allowed to choose who stays in that building so long as his or her choice does not violate anti-discrimination laws. Groups that are not protected by anti-discrimination laws, such as smokers and pet owners, can be rejected by landlords. Landlords are also allowed to reject applicants if they have a prior criminal conviction. The main reason a landlord is not allowed to reject a rental application is if the refusal violates federal or state anti-discrimination laws. Federal anti-discrimination laws prevent landlords from rejecting rental applications on the basis of race, age, gender, color, religion, origin, familial status, and/or a disability. States may have their own anti-discrimination laws that go further than federal protections, such as laws preventing refusals on the basis of marital status, sexual orientation, immigration status, or gender identity. Knowing why a landlord can and cannot reject a rental application can help those who are looking for a new apartment save time by quickly recognizing places that they are more likely to qualify for. Of course, while landlords have a great deal of power when deciding which rental applications to accept or reject, many landlords are also open to negotiating with prospective tenants if an issue does arise. "
Three Essential Things To Know About Pain and Suffering,"If you suffer an injury as the victim of another person’s negligent conduct, you might be entitled to collect damages. You will probably hear your attorney refer to pain and suffering playing a key role in the amount of damages you will receive by way of a settlement or in a jury verdict awarded after trial. There are three essential things you should know about pain and suffering to understand the value of your case. Lawyers usually refer to pain and suffering as the physical or mental pain and anguish a victim experiences from having suffered a personal injury. Whether it is the result of a motor vehicle accident, a slip-and-fall, or any type of accident caused by another individual, the current and future pain you experience could limit your ability to live a normal life. For that reason, pain and suffering is as much a part of how courts and insurance companies decide on the amount of compensation you should receive as an injured party as are lacerations and broken bones. The pain you suffer as a result of an injury could be either physical or emotional. Pain and suffering includes physical pain and mental pain or, as it is frequently referred to, mental anguish. An accident victim might suffer from any of the following examples of mental pain and suffering: .   Depression .   Inability to control anger or other emotions .   Anxiety .   Sexual dysfunction .   Inability to sleep .   Loss of appetite In particularly severe cases, injury sufferers have been diagnosed as exhibiting signs of post-traumatic stress disorder. Treatment for conditions falling under the category of mental pain and suffering could include a combination of medication and counseling that might be required over an extended period of time. Some states have laws imposing limitations the pain and suffering. States limit the recovery of pain and suffering damages in motor vehicle accidents unless the injured party can prove that he or she incurred medical and other out-of-pocket expenses exceeding a specific amount. Unlike broken bones and other types of injuries that can be exhibited to a judge or to a panel of jurors, it is difficult to prove the existence and degree of the pain, discomfort and mental anguish suffered by an accident victim. A journal or diary maintained by the victim might be one way to prove how his or her life has been affected by the injury. Frequently, the testimony of friends and relatives of the victim might be used to establish the effect the injury had on the individual’s life. The testimony and written report of a psychologist or other mental health provider who treated the victim could also be used to establish the existence and extent of pain and suffering. Deciding on a fair amount for pain and suffering is anything but an exact science. Attorneys and insurance adjusters sometimes arrive at a figure by multiplying the victim’s out-of-pocket expenses by a number from one through five that is supposed to represent the severity of the injuries. "
Strict Construction Has Been Debated For More Than 200 Years,"The concept of strict construction has usually been associated with the United States Supreme Court and how some of its members interpret the Constitution. Someone who is a strict constructionist believes that the literal meaning of the words should be adopted, but it can also mean that the language used in the document should be given the meaning that was given to the words at the time of its creation. One of the earliest, so-called, strict constructionists was Thomas Jefferson who opposed Alexander Hamilton’s proposal for the creation of a national bank under the control of the federal government with the power to print money. Jefferson was a champion of the rights of the states. This included his belief that only state governments had the authority under the Constitution to create new banks. According to Jefferson, a strict construction of the language used in the Constitution could lead to no conclusion other than those powers not specifically conferred on the federal government remaining within the sole province of the states. Hamilton disagreed and argued that Article I, Section 8, Clause 18 of the Constitution gave Congress the power to enact laws that were necessary and proper to carrying out the powers of the federal government. It was the acceptance of Hamilton’s much looser interpretation of the Constitution than the strict construction applied by Jefferson that convinced President Washington to sign the legislation creating national banking system in the U.S. The debate engaged in by Jefferson and Hamilton in 1791 over the meaning to be given to the words contained in the Constitution continues more than 200 hundred years later. Some scholars argue that the drafters of the Constitution purposely left the language of the document imprecise in some instances so that it could be interpreted by future generations living in a world that would be much different than that of the 18th century. These so-called “loose constructionists” believe that looking at the meaning of the words in the context of society as it exists today. Someone who believes in a strict construction of the Constitution would read and interpret the words as they were written in 1787. The words would be given their 18th century definition. Strict construction is not limited only to the Constitution. The role of state and federal judges is to interpret and apply the law, and some states have rules directing judges to avoid strict construction of the laws. Other states leave it up to the discretion of each judge to determine the meaning to give to the language of a statute. Some judges adhere to the principle that if the language of a specific statute is clear and is not ambiguous then no interpretation is needed. Judges can also interpret the language of legislation by applying common meanings as might be applied to the words by an average person. "
Three Conditions Required For Respondeat Superior,"The law generally makes each person responsible for his or her actions. If the car you are driving crashes into another vehicle because you were not paying attention, the law makes you liable to pay compensation to anyone injured due to your negligent conduct. However, if the accident happened while you were making deliveries on behalf of your employer, the principle of respondeat superior could impose liability for the injuries suffered by the victim. Health care is one industry in which the principle of respondeat superior is having a major impact. Doctors and other health care providers are, according to the laws existing throughout the United States, responsible for their negligent acts committed while rendering care and treatment to patients. Respondeat superior is being used by the victims of medical malpractice to hold not only the treating physician but also others, such as hospitals and medical practices, for the negligence of their employees. Imposing liability on someone who might have done nothing wrong might appear to be contrary to most legal principles. The doctrine of vicarious liability evolved because there are instances when the conduct of one person is so closely controlled by or related to another individual that it makes sense to link them for purposes of assessing liability. For example, some states have enacted laws making parents vicariously liable for wrongs committed by their children on the theory that it is a parent’s responsibility to supervise his or her child. A trucking company that orders its driver to dump potentially hazardous materials in violation of the law could be held responsible for its drivers’ actions under the concept of vicarious liability. Respondeat superior is an extension of the principle of vicarious liability that holds an employer responsible for the conduct of an employee. The responsibility of the employer is dependent upon the ability of the injured party to prove negligence on the part of the employee. In other words, if there is not enough evidence to prove that an employee was negligent, then the case would have to be dismissed against the employer as well. Of course, if there is evidence to prove negligence on the part of the employer independent from the actions of the employee, a case could be brought for damages for personal injuries directly against the employer. This might happen in a situation in which an accident happens involving a truck with faulty breaks. Even if the evidence does not establish the negligent operation of the vehicle by the driver, an accident victim might have a claim directly against the trucking company for failing to properly maintain its vehicles.   The party in a lawsuit attempting to hold an employer vicariously liable for the actions of an employee must prove each of the following: Proving that someone is an employee at the time of an accident is usually accomplished through payroll or other records obtained from the individual’s employer. It can also be proven through the testimony of anyone with knowledge of the relationship existing between the employee and the person or entity claimed to be the employer. Proof of the fact that someone was acting within the scope of employment at the time of the occurrence could be more difficult to obtain by an injured person making a claim. A truck driver who stops to assist a motorist whose car broke down and causes damage while trying to repair it is not necessarily engaging in an activity for which he or she was hired by the trucking company, so liability might remain entirely with the truck driver for any negligence that caused the damage. Acting outside of the scope of employment can be an issue in any profession or industry. Medical professionals on the staff of hospitals and medical centers could be considered as employees resulting in their employer being held liable for their actions. If a doctor employed by a hospital injures a patient while moonlighting at a local clinic that is not affiliated with the hospital, the activities would appear to be outside of the scope of the physician’s employment by the hospital and not subject to the application of respondeat superior. The element of proving a claim under the theory of respondeat superior requiring evidence that an employee’s activities benefited the employer is heavily influenced by the facts and circumstances of each case. For example, a truck driver talking on a cellphone with his dispatcher to get the address of the location for the next delivery has an accident and injures another motorist. If the injured motorist can prove that the truck driver was working and making deliveries on behalf of his or her employer, the principle of respondeat superior could apply and allow the employer to be named in a lawsuit for damages. There might be a different result if at the time of the accident the driver of the truck had interrupted his deliveries on behalf the trucking company to help a friend move some furniture. Such activities would not be a benefit to the employer and would probably also be outside of the scope of the driver’s duties for which he or she was hired. There could be a different result if the driver asked his employer for permission to use the truck on his lunch break to help move furniture for a friend. Unless the employer refused to give permission for the activity, the employer could be held responsible under the principle of respondeat superior because of the consent given to what would otherwise be an activity not related to the truck driver’s duties. Motor vehicle accidents are not the only situations in which an employer might be held responsible for the negligence of an employee. Hospitals can be liable for the negligent acts of doctors, nurses, and other individuals employed by them. The same three elements must be proven to link the hospital with the conduct of the employee in order for an injured patient to recover damages. Attending physicians charged with the responsibility of overseeing the activities of medical students, interns, residents, nurses and others performing services on behalf of patients could be held liable for the activities of those he supervises. Although an attending physician is an employee of the hospital at which he or she works and does not serve as an employer of the health care providers being supervised, there could be a vicarious liability on the part of the attending physician. A defense that is frequently raised in cases of vicarious liability focuses on the limited amount of supervision and control one person or entity exercises over another. A hospital, for instance, might claim that its supervision over the activities of doctors who have staff privileges is minimal at best. Its defense would involve showing that doctors with staff privileges are not employees and, therefore, not under the control of the hospital.   An independent contractor might be hired to perform work or services on behalf of a person or entity. Independent contractor law does not classify the person as an employee. In fact, the party hiring an independent contractor asserts little control over the activities of the contractor. Independent contractors work under their own direction and without supervision or control by the party engaging their services, so determining whether vicarious liability and respondeat superior principles apply can be difficult when personal injury claims arise. As a general rule, independent contractors set their own schedules, provide their own equipment and tools, and work free from the control of the person who hired them. Under such circumstances, an accident caused by an independent contractor might not give rise to a vicarious liability claim by the injured party against the entity or individual that hired the contractor. The facts and circumstances under which an independent contractor is hired and works would have to be carefully investigated and analyzed to determine the degree to which the contractor’s activities are controlled by another party. The fact that someone is identified as an independent contractor does not determine that person’s status. Vicarious liability will depend upon the degree of control and other factors that are more critical to the issue of a liability than simply the name. An attorney is an excellent source of guidance and legal advice when issues about vicarious liability and respondeat superior arise. Whether you are an injured party or someone against whom a claim for compensation has been made, knowing your rights and obligations under the laws of your state is critical to protecting your ability to file a claim or defend against one. "
Is Slander Protected by the First Amendment?,"Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm.   Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers.   When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. "
The Four Tests Used for Determining Legal Insanity,"The insanity defense often stirs up quite a bit of debate, especially among members of the public who may not be fully aware of how courts determine whether or not a person is legally insane. It should not be surprising that “not guilty by reason of insanity” provokes such strong feelings. After all, in such cases, the accused has admitted to committing the crime but is nonetheless found not guilty because he or she lacked the mental competence to understand that what he or she was doing was wrong. Courts throughout the United States typically rely on a number of tests for determining whether the accused was legally insane when an offense was committed. Here are the four most important such tests used for determining legal insanity. The M’Naghten rule, named for Englishman Daniel M’Naghten, who was found not guilty by reason of insanity in 1843 for murdering the Prime Minister’s secretary, is used by a majority of states and was fundamental in establishing the insanity defense. With the M’Naghten rule, a defendant is deemed to be legally insane if he or she was unaware of what he or she was doing when the offense was committed or, even if the defendant knew what he or she was doing, that defendant was incapable of understanding that what they were doing was wrong. In some cases, however, a defendant may know that his or her actions were wrong, but committed them because of an “irresistible impulse.” The “Irresistible Impulse” test is used by a number of states in combination with the M’Naghten rule. With the “Irresistible Impulse” test, the focus is on volition. Essentially, the test allows for a defendant to be found not guilty by reason of insanity if his or her mental illness meant that, although recognizing the wrongness of the offense, he or she was compelled to commit the offense anyway. What’s the difference between the insanity plea and incompetency? Today used only in New Hampshire, the Durham rule places a great deal of emphasis on scientific psychological evaluations and evidence. In most cases, juries follow the diagnoses made by trained professionals in determining whether the accused is guilty. This test has largely fallen out of favor, however, since it takes much of the decision-making abilities out of the jury and places it in the hands of psychologists (who, sometimes, may even disagree among themselves about a defendant’s insanity). The Model Penal Code is an updated definition of the insanity defense and addresses some of the weaknesses of the above tests. The Model Penal Code tends to be much broader than the relatively rigid M’Naghten rule, but also incorporates the centrality of the defendant’s volition that is addressed by the “Irresistible Impulse” test. As such, it is usually used by states that do not use the M’Naghten rule. The Model Penal Code also prohibits psychopaths and sociopaths from using the insanity defense. The four tests described above are the most important ones for helping a court determine a defendant’s claim that he or she was legally insane when an offense was committed. While the insanity defense has long been controversial, these tests help ensure that criminal justice remains fair even in cases involving severe mental illness. "
Three Challenges for Intellectual Property Law Today,"It is often said that much of today’s economy runs on ideas. Bestselling novels, advanced technologies, and new businesses: all of these things, and more, began with an idea. As a result, intellectual property law has taken on a significant role in today’s world. To put it in crude terms, intellectual property prevents one person or organization from stealing another person or organization’s ideas. Intellectual property covers a large area of law, including patents, trademarks, copyright, and trade secrets. Since for many businesses and entrepreneurs an idea is their key to economic success, being able to protect intellectual property is crucial in today’s information economy. However, while intellectual property law has played an important role in shaping today’s world, it also faces quite a few challenges and controversies going forward. Here are just a few of those challenges. Intellectual property laws are supposed to foster innovation by helping entrepreneurs make a profit off of their ideas. Allowing patents and copyrights to be used by anyone would result in the originators of ideas losing out on the opportunity to make money off those ideas, which in turn would hinder innovation. However, some economists have argued that current intellectual properties have gone too far and are actually hurting innovation. They point out that by copyrighting and patenting too many ideas, it becomes difficult for small or medium-sized businesses to afford the patent rights necessary to build on the innovations of previous inventors. One controversial aspect of intellectual property is that medications can also be patented as intellectual property. Again, such patents help encourage pharmaceutical companies to seek out advances in medications that could, in turn, help save countless lives. However, patenting medication can also lead to people who most need the medication being unable to afford it. For example, many countries that were worst afflicted by the HIV/AIDS epidemic often complained that the antiretroviral drugs their affected citizens desperately needed were patented by wealthy Western companies and, therefore, beyond the reach of their own people. Another critique of modern intellectual property rights is that they may have become too broad in nature and not very well defined. Intellectual property, since it has to do with ideas, is by nature rather vague, yet it does have very real effects on the rights and opportunities of people and businesses. Some critics argue that because intellectual property has become so broad, it no longer functions to protect the intellectual property rights of innovators, but rather the economic interests of a privileged few. Patent thickets, for example, are when innovators have to navigate through a dense network of existing patents in order to pursue their own ideas. Such patent thickets can discourage innovators from pursuing those ideas in the first place, especially if they do not have the resources to pay the relevant patent fees. There is little doubt that intellectual property laws have helped protect innovators, artists, writers, inventors, scientists, and countless other individuals and organizations from having their ideas stolen. However, as the world has progressed and become more interconnected, the challenges that intellectual property rights face are significant. "
Three Alternatives to the Rule of Law,"The rule of law is the legal principle that states that nobody, not even a king, president, or prime minister, is above the law. Rule of law is foundational in many countries, particularly in North America and Europe. Without the rule of law, the risk would quickly arise that people in positions of power would be able to act without impunity. Because the rule of law is such a core concept of the American system of government, it can be easy to forget that it has not always been adopted or practiced in the west, including in the U.S. Below are a few alternatives to the rule of law that have occasionally taken hold in western countries. The rule of law was largely formulated as a critique of what is known as the divine right of kings. The idea of the divine right of kings was once widely accepted throughout Europe, especially around the 16th to the 18th centuries. This principle sees society as highly hierarchical, with the monarch at the top of the pyramid and also closest to God. As a result, the monarch’s authority was sanctioned by God and, while there were some limits on the monarch’s authority, essentially the divine right of kings meant that the monarch’s word had the force of law.  To be fair, the rule of man is less a system of government than it is a category for various forms of government in which the rule of law is absent. Rule of man is when people rather than the laws themselves govern a society or a community’s behavior. In recent times, the rule of man is best exemplified by the totalitarian states, such as Adolf Hitler’s Germany or Joseph Stalin’s USSR, that arose during the 20th century. In such states, power was arbitrarily wielded by either a dictator or a small group of individuals who were often treated as being above the law. The Four Pillars of the Rule of Law Sometimes the rule of man does not have to take the form of monarchs or dictators; rather, the majority of the population can form its own sort of totalitarian rule. Ochlocracy, also known as mob rule, is when the rule of law becomes subverted to the demands of the populace. Ochlocracy is often a state where emotions trump reason and logic. While the United States has never been controlled by an ochlocracy per se, there have been some notable instances where the rule of law was subjugated to the rule of the mob. For example, during the Salem witch trials, the sensationalized witch hunt seems to have overruled the principle of due process, while in the American South mobs were often set against runaway slaves and, later, ethnic minorities in the form of lynchings that were both brutal and clearly beyond the rule of law. As the above examples hopefully show, the rule of law offers some fundamental protections against the arbitrary exercise of power. By ensuring that everybody is treated equally before the law, the rule of law helps ensure that citizens can go about their lives without too much fear of being persecuted without reasonable grounds by the state. "
The Pillory and Other Unusual Types of Corporal Punishment,"Today, misdemeanors and petty crimes don’t usually lead to much more than a hefty fine and/or a stay in prison or jail. While such punishments are definitely not welcome by those who receive them, they are a lot milder than what petty criminals were subjected to prior to our modern era. From the pillory to flogging, punishments for even the pettiest of crimes could be downright brutal before attempts were undertaken to make the justice system more humane. Here are just four of the more unusual forms of judicial corporal punishment from the not-so-distant past. The pillory was designed to humiliate offenders. Typically, the offender’s hands and head were locked in place and he or she was often put in a public place, such as a market square. Passersby would view the pillory as a form of public entertainment and would often do their best to humiliate the offender, such as by throwing rotten produce and other items at him or her. While the pillory was primarily designed to humiliate petty criminals, sometimes passersby would throw stones and bricks, which could lead to permanent injury and even death. Flogging (also known as whipping) was a brutal form of corporal punishment that has been used since Ancient times. Flogging was especially common as a form of discipline in the British Navy and was also used extensively against African American slaves in the American South. While often used as a disciplinary tool, flogging was also utilized to punish certain crimes, some of which can seem strange nowadays. In 1778, for example, Thomas Jefferson recommended flogging as a punishment for witchcraft. Cropping was an unusual form of punishment whereby the prisoner’s ears were cut off. While the pain of having their ears removed was often bad enough, the mutilation meant that such offenders were essentially branded as criminals for the rest of their lives. Some rather tame offenses could even lead to cropping, including counterfeiting money and perjury. Similarly to cropping, branding a criminal with a hot iron was meant to humiliate that person and mark him or her as a criminal to the rest of the community. Criminals were sometimes marked with specific letters that would identify the nature of their crimes. Branding, however, was also used against slaves in the American South, often as a form of punishment against runaways. Such a form of punishment, like cropping, combined elements of both physical punishment with public humiliation. In the British Navy, however, branding with tattoos was used as a way of identifying deserters and those with particularly bad characters. Fortunately, in many countries judicial punishments are much more humane today than they were a century or so ago. Punishments like flogging, cropping, and being put in the pillory would now widely be regarded as cruel and unusual punishments in the United States, the United Kingdom, and throughout much of the world, especially for petty offenses. Looking back at such forms of punishment, however, helps remind us of just how far our justice system has evolved. "
Misrepresentation vs. Fraud: What’s the Difference?,"Misrepresentation and fraud are highly related and often overlapping concepts in law. In fact, many people make the mistake of assuming that misrepresentation and fraud are largely interchangeable and synonymous terms. While there are many instances where these two terms can be used interchangeably, and there is even an offense called fraudulent misrepresentation, it is important to realize that there are nuanced differences between fraud and misrepresentation. Understanding the differences between these two concepts is essential for anybody working in legal areas related to fraud and misrepresentation, particularly contract law. Confusing fraud with misrepresentation is understandable since, in many relevant criminal and civil cases, accusations of both fraud and misrepresentation are often at stake. In fact, almost every instance of fraud is also an instance of misrepresentation. The subtle difference between the two concepts is that not all forms of misrepresentation are acts of fraud. Let’s look closer at why this difference matters. In cases of fraud, the defendant is being accused of tricking a person or organization into believing that something has a certain value when that defendant knows or should know that the item’s value is actually much less. In such cases, the defendant is being accused of misrepresenting the value of the item in question. Therefore, all cases of fraud are essentially cases of misrepresentation. For example, if a person sells another person a ring claiming it is 24 karat gold when, in fact, the seller knows the ring is fake, then the seller has committed an act of fraud.  3 Types of Misrepresentation and Why They Matter If all fraud is a misrepresentation, then it is tempting to assume that all misrepresentations are likewise acts of fraud. This, however, is not the case. Obviously, many cases of misrepresentation are also cases of fraud, but there are also many cases where a person may misrepresent the facts without having committed fraud. In most cases, the difference between fraud and misrepresentation comes down to what the accused knew or should have known when the act of fraud or misrepresentation took place. Returning to the example of the gold ring, let’s say that the seller this time genuinely believed that he was selling a 24 karat ring and that he was provided documents by a reputable source attesting to the ring’s purity. Because the seller had reason to believe that the ring was 24 karats, if it later emerges that the ring is a fake then the seller cannot be considered to have committed fraud despite the fact that he unintentionally misrepresented the value of the ring to the buyer. While the difference between fraud and misrepresentation is subtle, it is nonetheless important. This importance stems from the fact that fraud is often considered a much more serious offense than misrepresentation alone–especially if such misrepresentation was unintentional. In some cases, a fraud conviction can lead to: Substantial prison sentences As such, knowing how to distinguish between fraud and misrepresentation is essential for anybody involved in contract law or other legal areas where fraud and misrepresentation are especially serious charges. "
Three Types of Rehabilitation for Offenders,"In the modern justice system, great emphasis has been placed on rehabilitating offenders so that they become productive members of society. Legal experts and society at large have largely recognized that punishment alone is not beneficial either for offenders or the broader public. Simply locking up criminals in prison without resources to eventually rejoin society often leads to high rates of recidivism, which hurts both the offenders themselves as well as entire societies. Furthermore, rehabilitation programs have proven to be much more cost-effective than incarceration, allowing governments to more effectively distribute limited resources. Below is a look at three types of rehabilitation programs for offenders that have helped criminal offenders reenter society. Parole is commonly used in justice systems around the world as a way to help reintegrate offenders into society. During parole, the offender is released before his or her sentence is completed in exchange for fulfilling certain conditions, such as gaining employment, refraining from drug and alcohol use, and refraining from contacting the parolee’s victims (if any). Parolees are also often required to regularly check in with a parole officer who ensures that the parolee is adhering to his or her conditions for release. By offering early release in exchange for good behavior, parole is meant to make the transition from incarceration to freedom easier.  Some crimes, particularly drug crimes, are the result of an individual’s own addiction problems. While incarceration was previously used as a “tough on crime” punishment against people convicted of drug crimes, legal experts are increasingly recognizing that incarceration does little to address the underlying causes of addiction. As a result, in many jurisdictions, judges are given the discretion to sentence offenders to mandatory substance abuse programs in lieu of prison, particularly if it is the offender’s first offense. Such treatment programs are designed to help people overcome their addiction problems, thus allowing them to become fully functioning members of society. Role Of The Correctional System   Rehabilitation does not have to begin once an offender is released from prison. Most prisons now offer at least some programs that are designed to help inmates more easily adjust to conditions outside of prison once they are released. These programs are often aimed at helping offenders acquire job skills, overcome substance abuse problems, or learn how to deal with common challenges they may face upon release. Some in-prison programs include: Many of these programs also allow inmates to maintain contact with individuals, businesses, or organizations that exist beyond the confines of the prison’s walls, which also helps make reintegration easier once release happens. While punishment is certainly one aspect of the criminal justice system, it cannot be the only one. Laws, courts, and prisons throughout the country are increasingly recognizing the value of offering prisoners resources to help them reenter society more effectively upon release. Rehabilitation programs are not only a humane response to criminal justice, they also help reduce recidivism and lower incarceration costs, thus benefiting offenders themselves and society as a whole. "
"Three Ways Stipulations Benefit Courts, Attorneys and Clients","Stipulations are common during court proceedings. In most instances, a stipulation is agreed to by both parties to a lawsuit. Essentially, a stipulation is an oral or written agreement between the two parties that usually concerns an issue before the court but which both sides agree on. For example, both parties may agree about the qualifications of a witness and the attorneys for both sides will stipulate their agreement about the witness’ qualifications. Not only are stipulations relatively routine during court proceedings, but they offer significant benefits to both parties to a lawsuit, as well as to the court itself. Here are just three of those benefits. The trial process is designed to be adversarial in nature, with both parties to a lawsuit trying to convince a judge or jury that their interpretation of the facts is correct. However, while court proceedings can be fraught, that doesn’t mean that both parties to a lawsuit disagree about absolutely everything. Many court proceedings are relatively routine and will have little bearing on the outcome of the case. In such cases, both attorneys can simply stipulate that they are in agreement about a certain issue and thus avoid an unnecessary dispute. Disputing every last detail of a case is simply unnecessary in most instances and would make even the most straightforward of lawsuits overly complicated. Judges tend to look favorably on stipulations since they can save the court a great deal of time. Courts in many parts of the country are already dealing with a backlog of cases, which in turn is causing problems in delivering justice to the population in a timely manner. Because stipulations allow routine matters to be dealt with quickly, they also allow the court itself to get more business done than would otherwise be possible. Stipulations that are made orally in open court are also usually binding, which also allows for court proceedings to move more efficiently. However, a stipulation made in a judge’s chamber or outside of the court will often have to be in writing in order to avoid future disputes. It’s not just the court itself that saves time with stipulations, so do attorneys and their clients. Stipulations allow attorneys to focus on what is actually being disputed in the case, rather than waste time over issues that all sides agree on. For example, both parties could agree on a statement of facts with a stipulation and submit that stipulation to the jury and judge. By agreeing on the facts before hand, attorneys can focus instead on how to interpret those facts. This approach not only saves time, it results in better representation for clients. In some cases, it could even lead to lower legal fees for clients, especially if they are paying their attorneys by the hour. Stipulations introduce a dose of common sense and efficiency to court proceedings. By allowing attorneys to move quickly past issues that all parties agree on, cases are simplified, courts can proceed more efficiently, and clients enjoy better and more productive legal representation. "
What are peace bonds and do they exist in the U.S.?,"  You may have heard about peace bonds, especially if you live in Canada or watch Canadian media. While peace bonds are fairly common in Canada, they can seem strange to a U.S. audience. Mixing both criminal and civil law, peace bonds are a bit unusual in the sense that instead of punishing criminal offenses, they are designed to prevent those offenses from occurring in the first place. Although peace bonds are mainly used in Canada and not in the U.S., they nonetheless are an interesting topic for American legal experts who wonder if such a tool could also be used south of the border. A peace bond is a protection order issued by a court against a defendant. Essentially, the defendant is issued a peace bond if there are reasonable ground to believe that he or she may commit a criminal offense. Usually a peace bond is issued when there is reason to believe that an individual intends to physically harm a person, child, spouse, or common-law partner, or intends to damage property. When a peace bond is issued, the defendant must agree to the conditions set out in the peace bond, which usually includes refraining from contacting the applicant. A peace bond can be put in place for up to a year. Breaking a peace bond is a criminal offense and can lead to time in prison. Furthermore, when issued a peace bond, the bonded individual makes a promise to pay the court a certain amount of money if he or she breaks the conditions of the peace bond. The amount of money promised varies depending on the circumstances of the case. If the peace bond is broken, the bonded individual may not only face criminal charges, but will also have to pay this surety. Peace bonds are a bit strange since they mix elements of both criminal and civil law. For example, a peace bond is issued by a criminal court and usually is intended to prevent a person from committing a criminal offense. At the same time, however, a person applying for a peace bond does not need to prove that the defendant intends to commit a crime beyond a reasonable doubt, but only on a balance of probabilities, which is a much lower standard of evidence. Furthermore, being issued with a peace bond does not mean that the bonded person has been found guilty of a crime and, as such, a peace bond alone is usually not sufficient for a person to be denied entry to the U.S. Indeed, some individuals may agree to a peace bond in exchange for criminal charges being dropped against them. However, breaking a peace bond is a criminal offense and can lead to a criminal record. Peace bonds are almost never used in the U.S. However, these largely Canadian court orders provide important lessons for American legal experts about possible ways to prevent violent criminal acts from occurring. In mixing civil and criminal law, peace bonds provide a tool to help protect the most vulnerable members of society. "
Compensatory vs. Punitive Damages: What’s the difference?,"In the world of civil litigation, damages are the monetary amount a court can award a plaintiff. Damages are meant to compensate for such things as injury, property damage, medical bills, lost income, and other damages that resulted from whatever issue is at the center of the case. By awarding damages, courts ensure that plaintiffs are compensated in a fair manner and that there is a disincentive for other people to engage in the same conduct that led to damages being awarded. When talking about damages, however, it is important to realize that there are two main types of damages, compensatory and punitive. Understanding how these two types of damages work is essential to understanding how civil court cases themselves function.  Compensatory damages, which are sometimes referred to as actual damages, are sometimes seen as the “main” type of damages that a civil court can award a plaintiff. Essentially, compensatory damages are, as their name suggests, designed to compensate the plaintiff for his or her loss. The compensatory nature of compensatory damages means that the plaintiff must prove that he or she suffered some form of loss due to the incident in question such as a: Compensatory damages can be awarded for such things as loss of income, bodily injury, property damage, and so on. In civil litigation pertaining to a motor vehicle accident, for example, the plaintiff may claim compensatory damages for vehicle repair, medical bills, and income that was lost as a result of the plaintiff taking time off work to deal with his or her injuries. The plaintiff must prove to the court the loss in question, the amount of the loss, and that the loss was caused by the defendant.   The Two Different Types of Compensatory Damages In civil litigation, punitive damages can be particularly controversial. Punitive damages go above and beyond compensatory damages in that they are a monetary award that the defendant must pay the plaintiff in addition to any compensatory damages that are also awarded. Punitive damages are essentially designed to punish the defendant for his or her reckless or negligent behavior. Because punitive damages are meant to punish the defendant, they tend to only be available in cases where the defendant’s conduct was either reckless or negligent. Again, taking the case of a motor vehicle accident, if the crash was caused because the defendant was impaired by alcohol at the time, then the plaintiff would likely be able to pursue punitive damages against the defendant. Punitive damages are designed to not only discourage the defendant in question from engaging in similar behavior in the future but are also meant to be a message sent to society at large. Civil courts that punish reckless or negligent behavior with punitive damages indicate to others that such behavior will not be tolerated and that that behavior can lead to monetary consequences.
 
In civil courts, damages are one of the main ways that plaintiffs have to seek justice for themselves and ensure that negligent and reckless acts do not go unpunished. While large awards for damages tend to grab media headlines and can sometimes lead to controversy, the system of damages in place is an important tool for ensuring a fairer justice system for those who have been victims of injury or loss that are beyond their control. "
Three Features of a Kangaroo Court,"Court proceedings that lack the due process protections people associate with courts of law have earned the name “kangaroo court.” The term has been in use since at least the 19th century, but it is difficult to pinpoint an exact source for it or to determine why its name includes a reference to an animal native to Australia. As a general rule, a kangaroo court is any proceeding that attempts to imitate a fair trial or hearing without the usual due process safeguards including the right to call witnesses, the right to confront your accuser and a hearing before a fair and impartial judge. Kangaroo court proceedings are usually a sham carried out without legal authority in which the outcome has been predetermined without regard to the evidence or to the guilt or innocence of the accused. Referring to something as a kangaroo court usually carries with it a negative inference because of the manner in which they are conducted. Here are three features of a kangaroo court that set it apart from normally accepted principles of fairness and justice. Since the outcome of a kangaroo court is a foregone conclusion, one method of ensuring that a person will be found guilty is to create laws and apply them to past behavior. Ex post facto laws criminalize past conduct that was not illegal when it was performed. The benefit of ex post facto laws to those conducting a kangaroo court is that a conviction is assured. Ex post facto laws are a violation of the U.S. Constitution. They take away a person’s right to know in advance the type of conduct that, if performed, will violate a state or federal criminal law. Removal of this most basic due process right is a characteristic of a kangaroo court. Because the outcome is predetermined before any evidence is presented, kangaroo court proceedings are presided over by a judge or panel of judges that is partial toward the prosecution. Judges during a trial in a kangaroo court usually limit or obstruct efforts by the accused to present evidence or witnesses favorable to the defense while placing almost no restrictions on the evidence prosecutors are allowed to present. The fact that the judge in a kangaroo court is part of the sham process, the punishment inflicted upon the defendant generally exceeds what might normally be justified based upon the conduct of which the defendant was accused and convicted. Harsh and severe sentences are common in a kangaroo court. The right against self-incrimination, the right to cross examine witnesses and the presumption of innocence are lacking in a typical kangaroo court. Constitutional safeguards would stand in the way of a kangaroo court reaching its predetermined result. In some instances, limited cross examination of witnesses and other fundamental due process rights might be allowed to the defendant to conceal the true nature of the kangaroo court. "
Two Instances In Which Persona Non Grata Can Have Consequences For An Individual,"The government of a host country has the right to declare a member of another nation’s visiting diplomatic mission to be persona non grata. This means the individual is unacceptable to the host nation. When a person is declared persona non grata, the home country usually calls the individual home rather than allow him or her to remain in the host country. However, persona non grata is not limited to unwanted diplomats and is now being used by colleges. If a member of the staff of a diplomatic mission remains in a country that has declared that person to be persona non grata, the individual loses the protections usually granted to a foreign diplomat. For example, immunity from being held for violations of the civil and criminal laws of the host country does not apply to someone declared to be persona non grata. A member of a diplomatic mission who violates the law of the host nation cannot be prosecuted or held accountable due to his or her diplomatic status. The host nation can use a declaration of persona non grata to demonstrate its displeasure over the individual’s activities. The declaration has also been used against diplomats or members of a diplomatic staff who are suspected of spying. The response of a country to having one of its diplomats declared to be persona non grata is usually to order the person to return home. It is common for the declaration of persona non grata by one country to result in a retaliatory declaration against one of its diplomats by the nation whose diplomat had just been recalled. The term persona non grata can also be applied to any situation in which someone is rejected by a group from whom the person obtained or sought acceptance. State laws permit colleges and universities to regulate the use of their campus facilities. One method for doing this is a process that exists at many schools around the country for declaring someone to be persona non grata. Behavior on the part of individuals that administrators deem to be detrimental to the institution may result in the person being barred from all or some of the school’s facilities. This is accomplished by issuing a notification declaring the person to be persona non grata. Some schools limit the declaration to campus visitors who are not current students, faculty or administrators who are subject to other forms of disciplinary procedures while other institutions apply the designation to anyone on the premises of the college or university. Someone declared to be persona non grata is subject to being asked to leave the campus. A refusal to leave can result in the individual’s arrest on criminal trespass charges. Written notification of persona non grata is to prevent someone from claiming to be unaware that he or she is banned from or only granted limited access to campus facilities. Someone issued a persona non grata notification should speak to an attorney to have a clear understanding of the scope of the restrictions. "
Beyond a Reasonable Doubt: Why It Matters in Criminal Law,"The presumption of innocence is one of the foundations of the administration of criminal law in the United States, England, and other countries that follow a common law tradition. The only way to overcome this presumption of innocence in a criminal trial is for the prosecution to prove beyond a reasonable doubt that the defendant committed the crime that he or she has been charged with. While the phrase “beyond a reasonable doubt” has entered the popular lexicon and often appears on television, in newspapers, and in films, it can sometimes be difficult for laypeople to understand what, exactly, is meant by “reasonable doubt.” Here’s a brief overview of what “beyond a reasonable doubt” means and why it’s important.   As mentioned, in the common law tradition anybody charged with a crime has the right to be presumed innocent until proven otherwise. This right is enshrined in the U.S. Constitution by the Fifth and Fourteenth Amendments, which protect peoples’ rights to due process. The presumption of innocence is important in criminal law since being found guilty of a criminal offense could deprive a defendant of his or her liberty. Therefore, the only way the state has the ability to deprive somebody of his or her liberty is to prove beyond a reasonable doubt that that person has committed a criminal offense.   Beyond a reasonable doubt is the highest standard of evidence that exists in the judicial systems of common law countries. As the inclusion of the word “reasonable,” however, suggests, proving beyond a reasonable doubt that a person committed a crime does not mean that there is absolutely no doubt about his or her innocence. Rather, the phrase means that the established facts of the case lead the court to only one logical conclusion: that the defendant is guilty of the charges against him or her. Unreasonable doubt can still exist, but by its very nature such doubt does not lead a reasonable person to conclude that the accused did not commit the crime in question. This high standard of proof helps to reduce the likelihood of wrongful convictions. What is Common Law vs. Civil Law?  The standard of evidence is much higher in criminal cases than it is in civil litigation. As a result, civil cases require that the case be proved by the lower standards of either a preponderance of evidence or proof by clear and convincing evidence. Such standards of evidence require only a high probability that the offense was committed. Reasonable doubt can still exist in civil litigation cases because in civil cases usually, only money is at stake rather than the defendant’s liberty.  Beyond a reasonable doubt is a popular phrase, but one that is not always widely understood by the general public. Yet proving beyond a reasonable doubt that somebody committed an offense is a pillar of the common law criminal justice system. This burden of proof helps reduce the risk of innocent people being deprived of their liberty and ensures that all citizens’ rights are better protected. "
Three Little-Known Facts About Yellow Dog Contracts,"The rise of labor unions toward the end of the 19th century caused concern among employers. Business owners believed that strong labor unions would negatively affect the way they operated their companies. Higher wages and better working conditions were two of the primary focuses of labor organizers that could directly affect worker productivity and profit margins. Yellow dog contracts became a popular method used by business owners to deter their workers from joining labor unions. Yellow dog contracts are now illegal in the United States, but they were a popular tactic for business owners from the late 1800s until shortly after the Great Depression. Here are three little-known facts about yellow dog contracts. Employment agreements containing a clause making it a condition that workers could not join labor unions or, if they were already in a union, they had to resign their memberships or lose their jobs were referred to as yellow dog contracts. The Supreme Court had the opportunity to put an end to such anti-union tactics in 1908, but the Court refused to uphold the constitutionality of state and federal laws aimed at prohibiting employers from insisting that workers sign yellow dog contracts. The decision by the Court was consistent with other rulings it made at the time concerning the relationship between government regulation and business in this country. The prevailing view among the justices was that government should not intrude on freedom of contract. It was believed that employers and their workers should be free to negotiate labor agreements between themselves without interference from the government. Bolstered by support from the Supreme Court, employers challenged labor union opposition to yellow dog contracts by asserting that the agreements were negotiable and workers were not forced to sign them. According to the unions, few workers who refused to sign the anti-union employment agreements were hired lending support to the argument that workers did not have a choice. The economic conditions existing at the time left workers in need of employment little choice when it came to signing yellow dog contracts. The labor unions managed to get Congress to pass legislation in 1932 outlawing yellow dog contracts and other types of employment agreements containing restrictions on a worker’s ability to join or retain membership in a labor union. Although the success of the labor movement put an end to yellow dog contracts, the term continues to be used today to describe a much different business practice. It is common for employers to require the signing of non-disclosure agreements and non-competition agreements by employees as a condition of employment. Non-disclosure agreements prohibit workers from disclosing trade secrets, customer lists and other sensitive information when during and after their term of employment. Non-competition agreements prohibit workers from going into business or being employed in positions that would put into direct competition with their former employer. Non-disclosure and non-compete agreements are sometimes referred to as yellow dog contracts. "
Three Tell-tale Signs of a Breach of Trust,"Some people hold positions that place them in a position of trust. Executors under a last will and testament, trustees handling assets placed in a trust, and attorneys representing their clients all hold positions of trust as fiduciaries. A breach of trust by a fiduciary can have serious financial consequences for the individual who relied upon that person.    A fiduciary can be either a person or an organization. Banks, for example, frequently act as trustees. Someone or an entity agreeing to serve in a fiduciary capacity agrees to manage the assets or affairs of another person. Fiduciaries must act in good faith and carry out their duties solely for the benefit of the individuals who have placed their trust in them     Although fiduciaries frequently are paid a fee for the services they provide, their duty is to the individuals who are the beneficiaries of their services. When a breach of trust occurs, a beneficiary may suffer financial losses. The law gives victims of a breach of trust the right to sue the fiduciary for damages and depending on the circumstances, there might be a violation of a state’s criminal laws.  Before you can take action against someone for breach of trust, you must know that it has occurred. Here are three tell-tale signs to look for if you suspect you might be the victim of a breach of trust by a fiduciary:     Three Potential Consequences of Breach of Fiduciary Duty If you suspect that you have been the victim of a breach of trust, you should speak to an attorney. The remedies available against someone who is guilty of a breach of trust can vary from state to state, and there could be time limitations on how much time you have to file a claim. "
Why a Lis Pendens Matters for Home Buyers and Sellers,"Lis pendens is a Latin term that literally means that a suit is pending. While a lis pendens can technically refer to any pending lawsuit, in legal parlance it is most often used to refer to claims concerning real estate. A lis pendens can have a significant impact on the attractiveness of a property, to the point that it could lead to a dramatic decline in that property’s value. As a result, anybody who is considering buying or selling a home should be well aware of what a lis pendens is and how it could affect his or her real estate transaction. A lis pendens is a public notice that is recorded in county real estate records. This notice is recorded to notify the public, including potential buyers and sellers of the property in question, that a lawsuit involving that property is pending. A lis pendens matters because if a buyer purchases real estate with a lis pendens against it, that buyer will still have to abide by the final result of the lawsuit. In the case of a house being foreclosed, for example, a lender would file a lis pendens against the foreclosed home. Lis pendens, however, are not related exclusively to foreclosures, as the following example shows.  An example  Say person A intends to sell his property to person B. The two sign a contract for the transfer of the property, but person A decides that person B has breached the contract. As a result, person A refuses to sell the property to person B, but person B sues person A for refusing to sell the property. As a result, a lis pendens is filed against the property. While the lawsuit is still pending, person A then sells the property to person C, but afterwards a court rules in person B’s favor, thus giving the title of the property to person B. As a result, person C loses his title to the property and his only recourse for recovering the money he paid for the property is to get it back from person A, the original homeowner.  A lis pendens does not prevent a piece of real estate from being bought or sold, but it usually has a major impact on how desirable a piece of property will be to prospective buyers. As the above example shows, a lis pendens could ultimately result in a new homebuyer losing his or her title to the property. Of course, most homebuyers do not want to take the risk that a lawsuit could compromise their ownership of the property and will shy away from a home that has a lis pendens attached to it. As such, unless the lawsuit is resolved quickly, a lis pendens is likely to have a negative impact on how much a buyer is willing to pay for a home. Because a lis pendens can have such a major impact on a property’s value, it is vital that prospective homebuyers and sellers become fully aware of what a lis pendens is. Armed with such knowledge, buyers and sellers can make more informed choices about how to proceed with future real estate transactions.   "
Three Surprising Things About Palimony Most People Don’t Know,"Palimony is a term that many people have likely heard before, but few people – aside from those who work in a legal profession- would be able to define it. While essentially a form of alimony, palimony differs from alimony in many important ways, both in terms of legal definition and in how palimony and alimony are applied in real-world cases. Popularized by many high-profile Hollywood separation cases, palimony nonetheless remains a widely misunderstood term. To help clear some of that confusion, here are three surprising facts about palimony. The most important thing to understand about palimony is that you won’t find it mentioned in any legal code. That’s because palimony is a term that was invented by journalists reporting on salacious celebrity breakups rather than a concept that was formed by legislators or judges. Palimony simply describes a situation where an unmarried couple splits up and the circumstances of their case lead to property being divided in an alimony-like manner.  While not being a legal term in its own right, courts can still enforce what is popularly known as palimony if the court determines that an implied contract existed between the couple. This implied contract often happens when one partner gives up income opportunities in order to care for the home or family. For example, if one partner decided to pursue his or her career and the other partner decided to focus on maintaining the couple’s home and raising their children, then an implied contract, which could lead to property being divided if the couple breaks up, may exist. Because palimony only applies to unmarried couples, it tends to be very controversial and highly subjective in how it is applied. Marriage grants certain legal protections, including provisions surrounding property division in the event of a divorce or separation, that simply do not exist for unmarried couples. Proving that an implied contract exists, for example, is extremely difficult since an implied contract, by its nature, is unwritten and thus difficult to verify. Nonetheless, couples who are in a relationship can avoid the ambiguity and uncertainty raised by palimony by drafting a written agreement. A written agreement that is drafted with the assistance of a lawyer can serve as a contract between both partners to help establish how property will be divided in case the relationship ends. Essentially, this written agreement works similarly to a prenuptial agreement, except that the parties to the contract are unmarried. As with other contracts, however, such a written agreement can still be challenged in court, thus it is not a watertight defense against palimony.   With many couples nowadays living in long-term, co-dependent relationships and yet forgoing marriage, the role of palimony is bound to take on increased significance. Courts and legislatures are still struggling to determine to what extent long-term romantic partners have rights that are similar to the rights enjoyed by married spouses. The debate and controversy surrounding palimony and alimony are central to helping resolve that struggle. "
Two Principles You Should Know About Proving Purported Facts,"Lawyers and judges use language that is unique to the law. Statutes make reference to submitting the “purported will” to the court in connection with probate proceedings instead of simply requiring the submission of “the will.” Reference to the instrument as the purported document of the deceased is in keeping with a basic principle of law requiring evidence to prove an issue or, in the case of a will, to prove that the document is, in fact, the will of the deceased. Here are two principles you should know. A party putting forth a fact that has not been acknowledged as true by the opposing party has the burden of coming forward with evidence to persuade a judge or jurors that the fact is as it is purported or alleged to be. For example, the person seeking to have a will probated by the court to have an executor appointed to take charge of the estate has the burden of proving that the purported will is the document prepared on behalf of the deceased. The person submitting the probate petition must prove that the will was signed by the maker who understood what it was that he or she was signing. It must also be proven that the purported will was signed and executed in accordance with the law in the state in which it was signed. If the judge presiding over the probate proceeding is satisfied that the affidavits from the attesting witnesses establish that it was properly signed and witnessed, the judge would issue a court order declaring it to be the will of the deceased and empower the named executor to act on behalf of the estate. A defendant facing criminal prosecution does not have to do anything to defend against the purported charges because the law gives prosecutors the burden of proving guilt beyond a reasonable doubt. The prosecutor must present evidence to a judge or to a jury to persuade and convince them that the purported charges filed against the defendant are true.  The evidence must convince a reasonable person of the validity of the facts in issue to the exclusion of other reasonable possibilities or conclusions that might be drawn. If it does, then the prosecutors have met the reasonable doubt standard. Civil cases are quite different from their criminal counterparts. The burden of proof is on the plaintiff or the person bringing the case to prove the purported facts by a preponderance of the evidence. This means by the greater weight of the evidence which is a much lower standard than is required in criminal cases. Proving the truth of allegations or the validity and genuineness of a document or of a fact can be a difficult task requiring evidence to persuade lawyers, judges and jurors that what is being alleged or purported is, in fact, true.   "
Understanding the 4 Types of Notes Payable To Banks,"The amount of paperwork associated with borrowing money from a bank can be truly daunting. Whether you are taking out a loan to get money to buy a car or borrowing to purchase a new home, one of the most important documents the lender will ask you to sign is a promissory note. Notes payable to banks define your obligation to repay the debt and give the lender the right to sue you for the money if you do not live up to your obligation.   Promissory notes are essentially IOUs. However, the repayment terms of notes payable to banks can differ depending upon the terms of the loan. There are four common types of promissory notes that differ primarily in the manner in which they are repaid.   When you borrow money from a bank, you the note you sign will state the interest rate you are being charged and the principal or amount you borrowed. Single payment notes payable to banks obligate you to repay the principal borrowed plus the interest charged by the lender in one payment that is due on a date specified in the note.  The downside disadvantage to you as a borrow obligated under single payment notes payable to banks is having to come up with all of the principal and accrued interest in a single payment. If you unforeseen circumstances arise and you cannot make the payment, the lender can commence collection proceedings against you.  Amortized notes payable to banks are the type of notes commonly used for borrowing money to purchase a home. This type of note obligates you to make a payment each month for the life of the loan as stated in the note. The amount of the monthly payment remains the same each month with part of the payment going toward the interest on the outstanding principal balance and the rest of the monthly payment going toward repayment of principal. As you pay the principal down each month, the amount of your monthly payment that goes toward interest will be less, and the amount that goes toward repayment of the principal will increase. The monthly payment stated in amortized notes payable to banks are calculated to pay off the principal over the period of time stated in the note.  Some notes payable to banks are structured to keep monthly payments lower than they might otherwise be if the loan were amortized. The way this is accomplished by choosing a monthly payment the borrower can afford to pay over all or part of the life of the loan. Because the payments are not enough to cover all of the interest and principal that is due each month, the unpaid interest is added to the principal balance resulting in the potential for you owing more on the due date than you originally borrowed. This is why negative amortization notes can be dangerous for borrowers.  These notes are similar to negative amortization notes except you agree to pay nothing toward principal each month and only pay the interest that is due. At the end of the term of the loan, you will owe the entire principal balance you originally borrowed. You will pay more interest than you would with amortized notes payable to banks because the principal on which the interest is calculated never goes down.  Knowing there are different types of notes payable to banks does not make deciding which of them is the best one for you any easier. The legal advice and guidance of an attorney might be of assistance. "
What is Common Law vs. Civil Law?,"Many nations today practice either common law or civil law system of justice. While common-law originates in Medieval England, civil law traces its origins back to the Roman Empire (and, subsequently, Continental Europe). Although both systems originate in Europe, they have been exported to many other countries, either through colonization or other means. Because common law and civil law are fundamental concepts for justice systems around the world, they are essential to understand for anyone who wants to learn more about legal tradition, either at home or abroad. Common law comes from Medieval England, specifically in the aftermath of the Norman Conquest of 1066. Because common law is the foundation of the English legal system, it has been exported to many countries that have had historical ties with England, such as the United States and much of the Commonwealth. The distinguishing characteristic of common law is that it is based more on precedent than on a codified set of laws and regulations. Judges hold immense power in a common law system since the decisions that a court makes are then used as a precedent for future court cases. While common law systems do have laws that are created by legislators, it is up to judges to interpret those laws and apply them to individual cases. To do this, judges rely on the precedents set by previous courts. In common law countries, certain courts, such as the Supreme Court of the United States, have the ability to strike down laws that were passed by legislators if those laws violated the Law of the Land (i.e., the Constitution). Civil law goes all the way back to Roman times when Emperor Justinian codified all of the Empire’s laws in the sixth century CE. Civil law was subsequently revived in much of Medieval Europe and serves as the foundation for the legal systems of countries like France, Spain, and Portugal, along with many of their former colonies, including the province of Quebec and the state of Louisiana (which both exist in countries that are otherwise dominated by common law tradition). Civil law has also been used by non-European countries that were never colonized, such as Russia and Japan, as the basis of their own legal reforms. Common law places much less of an emphasis on precedent than it does on the actual codification of the law. Civil law systems rely on a large legal code that is constantly updated and which establishes legal procedures, punishments, and what can and cannot be brought before a court. In a civil law system, a judge merely establishes the facts of a case and then judges that case based on the procedures laid down by the legal code. As a result, precedent and judicial decisions have limited influence in a civil law system. Rather, lawmakers, scholars, and legal experts who help craft the legal code hold much more sway over how the legal system is ultimately administered.  Common law and civil law, while both originating in Europe, have become truly global legal traditions. Despite going back hundreds and even thousands of years, both systems have continued to effectively shape the justice systems of hundreds of countries well into the 21st century. "
3 Types of Misrepresentation and Why They Matter,"A contract largely depends on the honesty and goodwill of those who have agreed to it. If a party to a contract makes a misrepresentation of fact without suffering any repercussions for that misrepresentation, then few people would feel comfortable binding themselves to that contract. Misrepresentation is an important concept in the contract laws of England, Wales, and certain other Commonwealth countries. There are three main types of misrepresentation :  Below is a brief overview of each type and the remedies for them. But first… Before talking about the three types of misrepresentation, however, it’s important to first define what misrepresentation means in the context of contract law. A misrepresentation is an untrue statement of fact that induces a party to enter a contract. Furthermore, to pursue a claim against the person who made the misrepresentation, the claimant must show that he or she relied on the untrue statement of fact when deciding to enter the contract and that the misrepresentation led to damages to the claimant. An opinion, it is important to keep in mind, even if considered false, is not the same as a fact and generally does not figure in cases surrounding misrepresentation. With that in mind, it’s time to look at the three types of misrepresentation.   Fraudulent misrepresentation is very serious. Fraudulent misrepresentation occurs when a party to a contract knowingly makes an untrue statement of fact which induces the other party to enter that contract. Fraudulent misrepresentation also occurs when the party either does not believe the truth of his or her statement of fact or is reckless as regards its truth. A claimant who has been the victim of alleged fraudulent misrepresentation can claim both rescission, which will set the contract aside, and damages. A party that is trying to induce another party to a contract has a duty to ensure that reasonable care is taken as regards the accuracy of any representations of fact that may lead to the latter party to enter the contract. If such reasonable care to ensure the truth of a statement is not taken, then the wronged party may be the victim of negligent misrepresentation. Negligent misrepresentation can also occur in some cases when a party makes a careless statement of fact or does not have sufficient reason for believing in that statement’s truth. As with fraudulent misrepresentation, claimants can pursue both damages and a rescission of the contract.   In innocent misrepresentation, a misrepresentation that has induced a party into a contract has occurred, but the person making the misrepresentation had reasonable grounds for believing it was true at the time the representation was made. A claimant who has been the victim of innocent misrepresentation can still pursue damages, but he or she cannot pursue rescission. Again, to pursue damages it must be shown that the claimant suffered a loss because of the misrepresentation. The three types of misrepresentation described above are fundamental to understanding contract law in England and many Commonwealth countries. Claims based on allegations of misrepresentation help ensure that contracts are ultimately honored and that unscrupulous or negligent behavior does not go unpunished. To learn more about misrepresentation, check out Misrepresentation vs. Fraud: What’s The Difference?    "
Four Things to Understand About Community Property,"When it comes to divorce, where the divorce is filed matters a lot. Not all states treat divorce the same way, especially in matters of property division. Generally, states are classified as either equitable distribution or community property states. While the vast majority of states are equitable distribution states, some of the most populous states are community property states. Therefore, it is important to understand what community property means and why it has such a big impact during a divorce. Here are four things to know about community property.   In community property states, most of the property acquired during the marriage is considered the property of both spouses. The community property that is acquired during the marriage can include wages, property, debts, and other assets and liabilities. Generally, it does not matter whose name is attached to specific assets or liabilities. Therefore, if only one spouse earns an income, that income is considered to be community property and owned by both spouses.  One of the defining features of community property is that in most community property states the marital property is divided equally between both spouses. In contrast, in an equitable distribution state a judge will try to divide property fairly, which, in some cases, may not necessarily be equally. There are, however, exceptions to splitting property 50-50. While Texas is a community property state, for example, courts there nonetheless divide property equitably rather than equally.  There are technically only nine community property states and the vast majority of them are in the west. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Additionally, Alaska allows people going through a divorce to choose whether to split property according to a community property or equitable distribution model. Although not a state, Puerto Rico also uses a community property system. While community property is generally split evenly, it is important to understand that not everything owned by both spouses is pooled together as community property. Some property is classified as separate property and this property is not subject to division during a divorce. Separate property includes gifts and inheritances, property that was owned by either spouse prior to the marriage, and property that was acquired after the date of separation. However, drawing a line between community property and separate property is not always easy. For example, while an inheritance is considered separate property, if that inheritance is used to upgrade the couple’s home then the value of the upgrades will generally be included as community property. How property gets divided during a divorce largely depends on where the spouses live at the time they choose to part ways. Whether one lives in a community property or equitable distribution state can have a major impact on a final divorce agreement and may lead to drastically different financial outcomes. "
Three Surprising Facts About Pro Bono Criminal Lawyers,"If you are accused of committing a crime, the Sixth Amendment to the U.S. Constitution guarantees you the right to be represented by an attorney. A defendant who cannot afford to retain the services of an attorney is entitled to have one appointed by the court free of charge. In some instances this court-appointed attorney is a paid employee of a government funded legal aid program, but pro bono criminal lawyers are also frequently called upon to represent defendants. People may not realize that an attorney defending someone charged with violating state or federal criminal laws might be doing so without expecting to be compensated for his or her services. Pro bono criminal lawyers volunteer their time and services without expectation of payment. Here are three little known facts about pro bono criminal lawyers. Lawyers are encouraged by state and federal bar association rules of professional conduct to perform services for those individuals who cannot afford to pay for them. Pro bono is derived from the “pro bono publico” which means “for the public good” in Latin. Pro bono criminal lawyers who are providing services to indigent defendants are maintaining the tradition of members of the legal profession doing public service. The Model Rules of Professional Conduct of the American Bar Association are the basis for most of the codes of conduct adopted by local bar associations around the country. Under the model rules, lawyers are encouraged to aspire to providing a minimum of 50 hours of free legal services each year to individuals who cannot afford to hire an attorney. An important outgrowth of the concept of lawyers providing free legal representation has been creation of the Innocence Network. The network is composed of 69 organizations across the U.S. and around the world that offer pro bono criminal lawyers and investigative services to people who have been wrongly convicted of committing crimes. The organizations of the Innocence Network use advances in DNA testing to reopen criminal cases and prove the innocence of the individuals wrongly convicted. Pro bono criminal lawyers work with investigators to review the evidence used to convict individuals and use DNA testing to refute the original evidence. Large law firms located throughout the country encourage attorneys working for them to perform pro bono work. Instead of individual attorneys committing their time to working pro bono criminal lawyers, the firm takes on the pro bono cases using its attorneys and other resources to defend individuals who cannot afford to pay an attorney. If pro bono criminal lawyers were not available to provide representation to people accused of committing crimes, there would be an adverse impact on the operation of the criminal justice system. Pro bono criminal lawyers provide the representation defendants are entitled to under the Constitution. "
Three Times Exigent Circumstances Exist,"Exigent circumstances refer to times when a law enforcement officer can make a warrantless search or seizure. Because a warrantless search potentially violates the Fourth Amendment, which otherwise protects people from unreasonable search and seizure, exigent circumstances only exist when an officer has probable cause and no time to obtain a search warrant. In other words, exigent circumstances exist in what would usually be considered emergency situations. Although these situations often refer to instances where a person’s safety is potentially in jeopardy, it can also refer to times when a suspect is about to escape or evidence may be destroyed or removed. Below is a look at the three instances when exigent circumstances are most often said to exist.   If a law enforcement officer has probable cause to believe that a person’s life or safety is in danger, then those exigent circumstances would allow the officer to perform a warrantless search of a property. Usually, officers are required to first knock, announce their presence, and be refused entry before they can break into a residence. However, there are circumstances when officers do not need to follow this ‘knock and announce’ statute. In a hostage situation, for example, it may be necessary for officers to break into a residence without warning in order to take the hostage-taker by surprise. A crime needn’t necessarily take place for a warrantless entry of the property to occur. For example, during a fire an officer (or any member of the public) can enter the property in order to save any person believed to be inside.  Exigent circumstances also exist when a suspect is either believed to be armed or in the process of fleeing. For example, if a police officer is pursuing a suspect on foot and that suspect cuts through somebody’s private property, the officer would not need a warrant to enter that private property for the sake of apprehending the suspect.   Finally, an officer can enter private property without a warrant if that officer has probable cause to believe that evidence is about to be removed or destroyed. To determine whether an officer has probable cause, a court will look at whether a reasonable officer at the time of the warrantless entry would have reason to believe that evidence was being destroyed. For example, an officer who knocks on a person’s door, announces his or her presence, and then, though the window, sees an individual inside emptying what appear to be illicit substances down the sink’s drain would likely have probable cause to believe that evidence was being destroyed. In such circumstances the officer would likely not have time to gain a search warrant in order to seize the evidence.  Exigent circumstances are an important tool for helping officers protect public safety. However, determining when an officer has probable cause for entering a residence without a warrant is often a fraught issue and many criminal defense cases have succeeded by questioning the reasonableness of a warrantless search.   "
Three Ways Good Samaritan Laws Are Essential,"A Good Samaritan is somebody who offers help to a person in need. Ensuring that Good Samaritans are protected from liability claims or legal actions as a result of their assistance is important for ensuring that people are not afraid to render assistance to strangers when required to do so. As a result, many jurisdictions around the world have Good Samaritan laws. These laws remove legal liability and other legal complications from those who attempt to help or rescue a person who is in danger, ill, suffering an emergency, or unconscious. Here are three ways Good Samaritan laws are essential in emergency situations.   Good Samaritan laws differ between states and provinces, but generally they offer some protection to certain emergency and medical personnel. Emergency personnel operate under high-stress conditions and there are times when in their efforts to help someone they could inadvertently cause an injury. For example, a physician may administer a drug to a person in an emergency without knowing that that person is allergic to the drug in question. Typically, that physician would be protected from legal liability since his or her administering of the drug was done in order to help the individual.   Not all Good Samaritan laws apply exclusively to emergency personnel. Many such laws also offer protections to non-emergency personnel who find themselves in a situation where a stranger requires assistance. A Good Samaritan law will protect bystanders from being sued if, in their attempts to render assistance in an emergency, they inadvertently cause injury or damage. Typically, however, there are limitations to this protection. Good Samaritans must exercise at least some standard of care and could potentially be sued if their actions amount to gross negligence. For example, if a motorist witnesses an accident and attempts to drive to the scene of the accident to help, he or she cannot disregard the safety of other users of the road by driving dangerously, such as by swerving in and out of traffic or driving into oncoming traffic.   Good Samaritan laws don’t exist solely to protect people from being exposed to civil lawsuits. In some states and jurisdictions Good Samaritan laws can also protect people from certain criminal charges. These Good Samaritan laws tend to apply in cases of drug overdoses. Because witnesses to a drug overdose may themselves be in possession of illegal drugs, they are often hesitant to contact 911. A Good Samaritan law may protect such witnesses from being charged with certain drug offenses so long as they contact emergency services in order to help a person suffering from a drug overdose get medical assistance as soon as possible. It is important to note, however, that this sort of Good Samaritan law does not exist in all states.   People shouldn’t feel held back from assisting somebody in an emergency over fears that their actions could lead to legal trouble. Good Samaritan laws, therefore, offer essential protections to both emergency personnel and bystanders, ensuring that injured or imperiled people get the assistance they need.   "
It’s Election Time in the US: 5 Options for Americans Planning Immigration to Canada,"It’s presidential election time again in the United States and with it comes the election-year tradition of hundreds of thousands of Americans threatening to leave the country if the opposition candidate is elected. This year is no exception as evidenced by the explosion on social media of people threatening to cross the border into Canada if Donald Trump is elected. But, immigration to Canada might not be as simple as people expect it to be. Canada might appear to be the perfect landing place for disgruntled U.S. citizens who are intent on fleeing their country after the November election, but immigration to Canada is tightly controlled and regulated. The welcome mat is out for Americans who want to spend a few months up north to come to terms with the election results or to simply take in the Canadian scenery. Temporary visitor visas allow U.S. citizens to remain in Canada for up to six months.   For those individuals who want to make a more permanent move across the border, there are categories under which a person may become a permanent resident of Canada, including: Being unhappy with the results of an election is not one of the criteria for obtaining permanent residency. Qualifying under the categories requires compliance with the application process and guidelines for each one.   Applicants for permanent residency as skilled workers undergo an evaluation process in which they are scored based upon their level of education, work experience, language skills, age, adaptability and whether they have made arrangements for employment in Canada. The combined scores can range from 0 to 100, but a 67 is the minimum score required for consideration for permanent resident status.   Investors, entrepreneurs and self-employed individuals starting a business in Canada might qualify for business class permanent residency. Each group must demonstrate a significant financial contribution to Canada or, in the case of self-employed individuals, a significant contribution to Canada’s cultural or athletic activities.    Each of the provinces can nominate a person for immigration to Canada. A person wishing to use this category to achieve permanent resident status must contact the local immigration office within the particular province in which he or she desires to settle and submit an application. If the person is nominated by the province, an application must then be filed with Citizenship and Immigration Canada.   Individuals who are citizens or permanent residents of Canada can sponsor their family members for permanent residency. Sponsorship may be required for anywhere from three years to 10 years depending upon what the government determines is necessary to assist the family member to become settled. Individuals intending to settle in Quebec province might qualify under a program that allows the province to select those it deems best able to make a contribution to it. The evaluation process is conducted at the province level under a special arrangement with the government of Canada. Will 2016 be the year in which crowds of Americans crossing the border to become permanent residents of Canada? It’s doubtful, considering that immigration to Canada in 2014 included only 8,500 U.S. citizens. If you are committed to renouncing dual citizenship and leaving the U.S, you should make certain you qualify for residency before the November elections roll around. See Also: Four Important Factors to Consider Before Renouncing Dual Citizenship   "
The Four Pillars of the Rule of Law,"The concept of the rule of law goes back to ancient times and it can essentially be summed up by the well-known phrase, “nobody is above the law.” In other words, in a governing system based on the rule of law, everybody is held equally accountable under the same laws. In contrast, a system that is based upon the rule of men, such as a tyranny, monarchy, theocracy, or oligarchy, occurs when governance, laws, and the administration of justice are determined by the interests of a single person or group of people. While rule of law is a fundamental principal in many countries today, the World Justice Project points out that effective rule of law itself depends on the upholding of the following four principles. Perhaps one of the defining features of the rule of law is that, under such a system, the law is applied equally to all citizens, including the lawmakers themselves. Rule of law simply means that the law itself, rather than individuals or organizations, reigns supreme. Therefore, even people who enforce and administer the law, such as police officers, judges, and lawyers, are still subject to the same laws as everybody else is. For a rule of law system to function, the laws themselves must be public, fair, stable, and understandable. If the laws change too frequently or arbitrarily, or the laws themselves are not publicized, then citizens have little hope of being able to abide by those laws. Furthermore, the laws must not violate fundamental human rights, which would again make them unfair to citizens.  It’s one thing for the laws to be written fairly, but if they are enforced in such a way that is either arbitrary or unfair then the rule of law begins to break down. For example, if a jurisdiction passes laws against drug use, but then only enforces those laws against a particular ethnic minority or social group, then the laws are not being enforced fairly. Citizens living under a rule of law system have a right to know that the laws are being administered and enforced in a way that is fair and accessible.  Not only must laws be enforced in a fair and non-arbitrary manner, but so too must justice be delivered in a way that is fair, accessible, and efficient. In other words, the judicial system must stand independent of outside interference, such as by politicians or law enforcement agencies. Instead, the justice system must function to administer the law in such a way that citizens can expect to be treated fairly, regardless of their race, gender, beliefs, or economic status.  The rule of law is foundational to many functioning governments around the world. By limiting the arbitrary exercise of power by a single person or group, the rule of law helps establish a system whereby the fundamental rights and dignity of individuals and groups within a country are respected. While the rule of law is rarely perfectly applied, it is an ideal towards which many countries continue to strive. "
Why Ab Initio Is a Big Deal in Contract Law,"The phrase ab initio comes from Latin and literally means “from the start” or “from the beginning.” Such a definition may sound fairly innocuous, but the truth is that this little phrase has a big impact on legal decisions. From striking down bad contracts to protecting people from excessive police powers, the declaration that something is the case ab initio can have major reverberations for lawyers, businesses, and private individuals. Here’s a look at what ab initio is and when and why it matters. As stated above, ab initio means “from the start.” Therefore, if a court declares something to be the case ab initio, it typically means that the court’s ruling on it applies from when an act occurred or when the circumstances for the case in question were in effect, rather than from the point in time when the court actually ruled on the matter. To put it in simpler terms, if a court declares a contract to be void ab initio, it means that that contract is considered invalid from the time it was written and/or signed (i.e., from the start of the contract) rather than from when the court declared it to be null or void. Ab initio is an especially important concept to know for contract law. If a court declares a contract void ab initio, then the contract cannot be remedied or modified to correct whatever was wrong with the contract in the first place. Essentially, if a contract is declared void ab initio, the ruling effectively means that the contract essentially never existed and therefore had no binding power over any parties to the contract. For example, if a person signs a contract either under duress or while being misled about the contents of the contract: The concept of ab initio doesn’t just apply to contracts, however. In rare cases, it can also be used as a check on the power of public officers. Although rare nowadays, something being declared ab initio can protect private citizens from abuse of state power. For example, a police officer may have a court order to enter a person’s private property and seize a piece of jewelry that is considered stolen goods. If, however, that police officer enters the house and takes that person’s television set, the courts will consider the officer to have exceeded his or her authority and to have used the court order as a pretense for committing an unlawful act. Therefore, although the court order itself was legal, the officer will have been considered to be trespassing ab initio. Again, however, the use of ab initio to reign in abuse by police is rarely used nowadays. "
4 Essential Things to Know About Habeas Corpus,"Fundamental to almost any democracy, a writ of habeas corpus is widely considered one of the most basic protections citizens have against unchecked state power. While habeas corpus is a fundamental component of the U.S. Constitution, its meaning and importance is not always widely understood by the general public. Here’s a look at not only what habeas corpus is, but why it is so important in today’s democracies. Habeas corpus is a Latin phrase that literally means “produce the body.” A writ of habeas corpus is a summons, applied for by the prisoner or by somebody on his or her behalf, and is addressed to the person or agency (i.e., a prison) holding that prisoner. A writ of habeas corpus demands that the custodian produce the prisoner before the court with proof that the custodian has authority to detain the prisoner. Essentially, habeas corpus gives prisoners the right to ask a court to release them early or change the conditions of their detention if his or her detention is potentially unlawful. Getting a writ of habeas corpus has no bearing on whether the prisoner is guilty or not guilty. Instead, it is used to establish whether the state has the authority to actually detain the prisoner in question. Habeas corpus is one of the most important checks on state power that citizens of many democracies currently have. Without habeas corpus, the government would essentially have the right to imprison citizens without charging them or bringing them to trial for indefinite periods of time. In countries that do not enjoy strong habeas corpus protections, for example, it is not uncommon for individuals to be detained and imprisoned for months and even years without being charged with a crime. The essential idea of the writ of habeas corpus was set down in the Magna Carta, which was written in England in the 12th century. The Magna Carta helped establish a number of rights that have since become recognized as foundational to democracies around the world. Among those rights was a guarantee that the monarch could not imprison people or seize their land without having lawful reasons for doing so.  Habeas corpus was also written into the U.S. Constitution, meaning that the protections provided by a writ of habeas corpus are considered the “law of the land” in the U.S. In other words, state and federal laws cannot violate a person’s right to seek a writ of habeas corpus. At the same time, however, there have been periods in U.S. history where habeas corpus has been suspended. The U.S. Constitution allows for the suspension of habeas corpus “when in cases of rebellion or invasion, the public safety may require it.” During the War of 1812, for example, General (and later President) Andrew Jackson controversially suspended habeas corpus in New Orleans and began mass arrests. About half a century later, President Abraham Lincoln suspended habeas corpus in many states as a public safety measure during the Civil War.  Habeas corpus is one of the most important protections citizens have against state power. While this protection is many centuries old, it is one that continues to have a major impact on government, justice, and human rights in the 21st century. "
Statute of Limitations on Arrest Warrants,"Being charged with a crime needs to be taken seriously. For those who have been issued an arrest warrant, it is extremely important that they respond to it in the appropriate manner. Ignoring an arrest warrant will not make it go away and could turn the accused into a fugitive. However, in some cases an accused may only become aware of a warrant for his or her arrest years or even decades after the alleged offense was committed. In such situations, it may be reasonable for the accused to ask whether statute of limitations apply to arrest warrants. The answer to this question can become complicated, especially given the diversity of state laws on statutes of limitations, but below is a brief overview of how time limits come into play when an arrest warrant is issued. The simple answer to this question is no, there are no statutes of limitations on arrest or bench warrants. When an arrest or bench warrant has been issued, it remains in force regardless of the amount of time that has passed. The state has determined that sufficient evidence exists to pursue a case against that defendant, thus, when it issues an arrest warrant then that warrant is considered valid regardless of the time that has elapsed since the warrant’s issuance. However, while an arrest warrant does not expire, prosecutors and law enforcement must execute the warrant in a timely manner. State laws vary considerably in how quickly officials must move to execute a warrant. Generally, however, the state must prove that it made a reasonable effort to locate the accused individual. If the state made little or no effort to find that individual then the case against that individual may be dismissed by a judge. Statute of limitations don’t usually apply to arrest warrants themselves. Rather, statutes of limitations place time restrictions on how long prosecutors can wait after an offense has been committed before they begin criminal proceedings. Furthermore, statutes of limitations vary depending on the state where the offense occurred and the severity of the crime. Misdemeanors, for example, will usually have a short statute of limitation than a felony offense would. If the defendant becomes a fugitive then the statute of limitations may also be increased in some states. Although arrest warrants never expire, it is important to recognize that the Sixth Amendment of the U.S. Constitution grants defendants the right to a speedy trial. How this right is interpreted varies from state to state and it usually only applies in cases where the sentence could result in jail or prison time. If a defendant’s right to a speedy trial has been violated then the case may be dismissed. While the statute of limitations does not apply to arrest warrants, there are various other time factors, as outlined above, that can impact the outcome of a criminal case. Anybody who has been charged with a crime, however, should contact an attorney immediately. Ignoring the charges is never a good option and it could make one a fugitive, thus potentially increasing the penalties one may ultimately face.   "
No Fee If No Recovery: What Does This Mean?,"“No fee if no recovery” is a phrase used by countless attorneys—particularly personal injury attorneys—in advertisements that are designed to attract new clients. While the phrase has proven popular, misconceptions about what it actually means often arise with the general public. “No fee if no recovery” is a payment arrangement also referred to as working on a contingent fee basis. In the simplest of terms, a contingent fee means that the attorney will be paid for his or her work on a case only if money is recovered in that case. In other words, the attorney’s fees are contingent upon a successful outcome in the case. While such a definition may sound straightforward, it is important to understand that contingent fee arrangements can become complex. Because contingent fee arrangements mean that the attorney only gets paid when money is at stake that means that contingency fee arrangements are usually only practical when damages are being pursued, most often in personal injury or workers compensation cases. The actual contingency fee will vary from attorney to attorney, but generally it ranges between 25–40% of the settlement amount. Many people who are looking for a personal injury attorney to represent them often have a skewed notion of what a contingency fee arrangement entails. In particular, there is often a misconception that a case will be free for the client if the verdict goes against him or her. Such an arrangement is extremely rare in contingency fee cases. If the plaintiff’s case is lost then it is true that he or she will not have to pay attorney’s fees, which include the time and labor that an attorney and his or her staff put into the case. In most instances, however, the client will still need to cover case costs. Case costs are those expenses that the attorney incurs as a result of filing and pursuing a case. Case costs may include, but are not limited to, such items as filing fees, expert testimony (including potential travel and hotel costs for those experts), postage, photocopying, and other expenses that may be incurred when building a case. In some cases, especially where complex evidence and expert testimony may be vital (such as a medical malpractice case), case costs can run into the thousands of dollars. While there are payment arrangements wherein case costs are covered by contingency fees, such arrangements are rare. The client will need to fully understand whether case costs will be his or her responsibility before retaining an attorney. Failing to inform the client about what costs and fees he or she is or is not responsible for could not only lead to a strained attorney-client relationship, but it could also expose that attorney to accusations of legal malpractice. Contingency fees are almost universal in personal injury law. Despite the ubiquity of such fee arrangements, however, attorneys should never assume that potential clients are coming to them with a full understanding of what contingency fees fully entail. By discussing contingency fee arrangements in detail with the client early on, attorneys will protect their professional reputations and help build a sense of trust and confidence with the client. "
How Can Personal Injury Lawyers Recover Case Fees If a Case is Lost?,"Losing a case is never fun and most litigation lawyers will lose a case at some point in their careers. For lawyers who work in personal injury law, a lost case is not only demoralizing, it can also be a significant blow to their finances. Unlike many other types of lawyers, personal injury lawyers work almost entirely on a contingency fee basis, meaning they charge their clients a fee only if they win their case. While such a system may sound like lawyers are stuck paying for the costs of a case if they lose, the good news is that even when a case is lost, personal injury lawyers can recover the costs associated with that case from their clients in most instances.   It is important to understand that there is a big difference between fees and costs. Personal injury lawyers who operate purely on a contingency fee basis only charge clients for their time if they win the case in question. If the case is lost, then the lawyer cannot charge the client for the time he or she put into the case. At the same time, however, clients will be expected to pay for costs associated with the case. Costs are expenses that must be paid to help further a plaintiff’s case. Some examples of costs can include, but are not limited to, filing fees, expert fees, travel costs, jury fees, postage, copying, phone charges, and research costs. Because every case is unique, the types of costs a client will be expected to pay will depend on the unique circumstances of their particular case. It is useful to think of fees as the income a lawyer makes, whereas costs are the expenses associated with pursuing a case. For lawyers, it is extremely important that they be completely upfront with clients about the differences between costs and fees. While such differences may appear routine for those who work in the legal profession, for many non-lawyers fees and costs will be treated as synonymous terms. Clients need to know that even if they hire a lawyer on a contingency fee basis that they will still be responsible for paying the costs associated with their case regardless of the final verdict.   Another way lawyers can recover case fees even if they lose a case is by charging an hourly fee. A lawyer that charges an hourly fee will usually expect a client to pay a retainer upfront. The retainer will help cover the costs of the case. The most obvious advantage of charging an hourly rate is that it removes much of the risk an attorney takes on when he or she agrees to handle a particular case. However, since such a payment structure requires clients to put up large sums of money early on, it is very rare in personal injury cases. Typically, hourly rates would only be charged in cases that involve a high element of risk or when clients can afford the extra expense.   Personal injury law can sometimes feel like a financially risky profession, especially for those working purely on a contingency fee basis. However, even when a case is lost personal injury lawyers have avenues for recovering the costs of the case. A payment structure should carefully outline how costs are to be covered and this structure should be clearly explained to clients early on. "
What is a Deposition?,"An essential element of any civil or criminal court action is the evidence offered by the parties. Evidence is what each side in a dispute must present to either a judge or a jury to prove what are, up to that point, probably nothing more than unproven allegations. Much of the evidence presented at a trial is in the form of testimony from witnesses who are brought in by one of the parties. There is a risk to putting a witness on the stand to testify during a trial without knowing in advance what the person is going to say. Depositions help reduce this risk by giving the attorneys for the litigants the opportunity to question the witness well before the trial begins. Depositions usually take place as part of the discovery phase of civil or criminal litigation. Discovery is the process by which the parties exchange evidence and information with each other about the case. Depositions usually are held away from the courthouse in the office of an attorney for the one of the parties. A stenographer is present to take down what is said during the deposition and produce a written transcript of it. Some jurisdictions allow for the video recording of a deposition as long as the attorneys involved in the case agree to it. Depending upon where you live, asking the question, “What is a deposition?” might result in an answer that could be a little confusing. Most attorneys will know what you mean, but you might hear them referring to a deposition as an examination before trial. As a general rule, examinations before trial refer to the taking of testimony from one or more of the parties in a lawsuit. When the witness is not one of the parties, it is usually referred to as a deposition. Besides giving the attorney conducting the questioning of a witness the opportunity to hear what the individual will say if called as a witness at trial, depositions also preserve and memorialize the testimony of a witness. The transcript of the deposition of a witness may be introduced into evidence at the trial under the following circumstances:   Experienced attorneys know the important role depositions can play in a court case. Statements made under oath during a deposition can be the deciding factor in winning or losing a lawsuit. "
Pursuing Damages in Statutory Rape Cases,"For a growing number of victims of statutory rape, the pursuit of justice has taken the form of civil lawsuits. Because the standard of evidence in civil lawsuits is lower than in criminal cases, many rape victims find a civil suit to sometimes be a more effective way of ensuring that an alleged perpetrator of statutory rape is held accountable for his or her actions. This article will briefly look at why victims of statutory rape may want to pursue a civil lawsuit and what they can expect in terms of damages typically awarded in successful suits.   It is important to note that in cases of statutory rape, the victim may have given consent to sexual intercourse, but because he or she was under the age of consent at the time the sexual act itself is considered rape. Both criminal and civil cases involving allegations of rape may be pursued through either state or federal courts depending on the circumstances of the allegations. The vast majority of cases, both on the criminal and civil level, however, are pursued in state courts. Be aware, as well, of the difference between a criminal and civil case. While in a criminal case it is the state that attempts to prosecute the defendant, in a civil lawsuit the survivor of the alleged rape launches a private suit against the defendant. While rape survivors can pursue monetary damages against the defendant, prison cannot be imposed as a penalty in a civil lawsuit. Statutory rape survivors can pursue a civil lawsuit against perpetrators regardless of whether or not the perpetrator has been found guilty of rape (or a similar charge) in a criminal court. At the same time, however, successfully suing the defendant is generally easier if that defendant has already been found guilty of rape or sexual assault in a criminal court.   For survivors who are successful in their civil suits, the court will award them damages for the injuries they suffered. Damages take the form of monetary awards that are to be paid by the defendant. Because each state differs in the amount of damages that can be awarded, it is impossible to give a specific picture of what a statutory rape victim can expect in terms of monetary damages following a successful civil lawsuit. Furthermore, the amount of damages that a rape survivor actually receives and the decision to even launch a lawsuit in the first place may depend on the amount of assets the defendant has. In most states, victims are limited to pursuing compensatory damages, which, as their name suggests, are meant to compensate victims for the injuries they have suffered. Punitive damages, wherein the defendant is ordered to pay damages as a punishment for the injury he or she subjected the victim to, are fairly rare in statutory rape cases. Some of the claims that may be pursued in a civil case alleging statutory rape include claims for personal injury, medical expenses, lost wages, assault and/or battery, Victims of Crime Act (VOCA) claims, emotional harm, loss of consortium, sexual abuse, and others. The choice of whether or not to pursue a civil suit involving damages in statutory rape is a difficult one. In addition to the damages awarded, such suits may help victims regain a sense of control and purpose over a situation that may leave them feeling helpless and confused. A qualified attorney should be consulted beforehand, however, to discuss the feasibility of pursuing legal action involving any accusations of rape and/or sexual assault. "
How To Check Immigration Status Online With An Alien Number,"Once you have applied for United States citizenship, you might want to know the status of your case. The government is very busy and has been known to lose important documents. Here is how to check immigration status online with an alien number. There are many ways to check your immigration status online, but the easiest may be the United States Department of Homeland Security United States Citizenship and Immigration Services (USCIS) website – “https://egov.uscis.gov/”. You or your representative will need to enter the 13-character application receipt number to view your status. The website has a nice timeline showing the advancement of your case – Acceptance, Initial Review, Request for Evidence, Decision and Card Issuance are just some of the categories. The system is being modernized allowing you to create an account on the website. You can also receive phone, email or short message system (SMS) text messages to notify you of updates when you “Sign-Up for Case Updates.” You can submit a service request by clicking “e-Request”. The USCIS site also lists the average processing times for various forms. Sometimes, the government website can be a little slow and might not have the most up-to-date information on your application status. Besides the government website, you can check your immigration status online using a number of other methods. The USCIS has created a system called “INFOPASS” allowing you to talk to an immigrant officer directly. You could call an immigration service center. You could contact service centers using email. The country is divided into different regions with service centers for each. If you do not receive an email response within three (3) weeks, you should contact the center again. Citizenship is a serious matter and your congressional representatives have power over the process. After exhausting these other paths, you could contact your local congressional officials and discuss your inability to find your case status with them. Or contact the Federal Bureau of Investigation (FBI). They have the legal duty to manage investigations within the country. If you still can’t get a credible answer, you could threaten to file a lawsuit. Government bureaucrats don’t want to waste resources going before a judge or court. Under the Freedom of Information Privacy Acts (FOIPA) you have the legal right to information on your immigration case status. "
How To Report Immigration Marriage Fraud,"Unfortunately, some immigrants try to cheat the system in order to gain entry into the United States. The United States Citizenship and Immigration Service (USCIS) appreciates whistleblowers who report fraud. Here is how to report immigration marriage fraud. United States citizenship is very valuable and some applicants try to leapfrog over others by engaging in marriage fraud. Having an American citizen as a spouse is one of the fastest ways to citizenship. The USCIS has an extensive interview process, including unscheduled visits, but even this is not enough to deter all of the fraud. If you have information concerning immigration marriage fraud, the USCIS would appreciate your assistance. There are many ways you can contact the USCIS anonymously. You may be listed as a “concerned citizen” in records to protect your identity. You should make sure to collect concrete evidence proving the fraud as well as the individuals: The government will need this information to identify the exact person engaged in the sham marriage. The most direct way to report fraud is to contact the United States Immigration and Customs Enforcement (ICE) division. They are the police force for immigration. You can contact them by phone and remain anonymous – 1-(866)-DHS-2-ICE or visit the website at “ice.gov”. These hotlines are specifically designated for reporting immigration violations. You could also contact the USCIS directly at 1-(800)-375-5283. When you speak to a live representative, you can make sure your information is properly recorded. You could also schedule an InfoPass appointment to personally meet a USCIS official to discuss the marriage sham.  How To Report Illegal Immigrants Fraud will nullify any benefits of United States citizenship and could lead to deportation. The United States citizen may be guilty of the felony of defrauding the federal government with penalties of up to five (5) years in prison or a fine of $250,000. In most cases, any reports of potential fraud will help the customs officials to increase their investigations into the validity of the said marriage. The government has limited personnel to handle all of these cases, but with this “red flag” they are more likely to find other clues as to the fraudulent nature of the marriage. "
How Do I Check On My Security Clearance Status?,"For many jobs in the government sector, you will need a security clearance. The Defense Information System for Security (DISS) — which replaced the Joint Personnel Adjudication System — is the primary entity overseeing the entire process. Here is how to check on your security clearance status. A United States government security clearance determines what types of classified information that an applicant can see. Nearly 80% of the security clearances are for the Department of Defense (DoD) with other notable agencies including A certain level of security clearance must be established to hold key government positions. There are two types of security clearances: There are three main security clearance categories: The DoE has its own designations of “L” (Secret) and “Q” (Top Secret) Generally, the “Top Secret” clearance is good for five years, “Secret” is good for ten years and “Confidential” is good for fifteen years. All are subject to “Periodic Reinvestigation” reviews to keep them “active.” The clearance is job-specific and “terminated” or “expired” when the employee leaves the position. A security clearance application must be initiated by a prospective employer (usually a defense contractor or government agency). Generally, during the application process for a new government job, the applicant must also fill out the Form SF-86 “Questionnaire for National Security Positions.” This will require filling in the following information: name, address, residence, education, employment, family, friends, financial and foreign travel. There may be interviews of your personal references and an Enhanced Subject Interview (ESI) for top clearances. The National Agency Check (NAC) looks into the applicant’s credit and criminal background. The government will also consider drug abuse and misuse of computers. The Defense Industrial Security Clearance Office (DISCO) will review the applications. As of 2014, the wait for processing a top security clearance could range from 99 to 730 days. There is an “interim security clearance” or “interim eligibility,” which can be issued for defense contractors in a shorter amount of time. You can check on your clearance three ways: You can also have a look at what is a public trust security clearance? If you’re trying to get a job but are running into issues with your security clearance, you might want to get a free case review from a local lawyer. Clear up any questions regarding your employment and find out which steps to take next. "
How To Claim A New Home Furnace On Your Income Tax Form,"The federal government is offering tax incentives to homeowners and businesses who purchase brand new sustainable energy-efficient appliances. Homeowners who purchase a qualifying home furnace can deduct up to $150 from their taxes. Here is how to claim a new home furnace on your federal income tax form. “Fill Out Residential Energy Credits Form 5695” The “Energy Policy Act of 2005” has provided for tax incentives to encourage individuals and businesses to purchase more energy-efficient fixtures, appliances, and equipment.
A new home hot water boiler must achieve at least a 95 annual fuel utilization efficiency (AFUE) rating. This means that 95% of all the heating energy goes into the home duct system with only 5% being wasted. Homeowners can claim up to a $150 tax credit on their high-efficiency home furnaces by filling out their Internal Revenue Service (IRS) 1040 United States Federal Individual Income Tax Form or 1040NR for Non-Resident Aliens. These are the forms to use for: To determine the exact amount of your tax credit, fill out the “Residential Energy Credits Form 5695.” As you fill out this form, you will note that there are two sections: Part I is for “Residential Energy Efficient Property Credit” and Part II is for “Nonbusiness Energy Property Credit.” Part II is where you will claim this home furnace tax credit.  Move down the page until you see Line 22 for “Residential Energy Property Costs.” The instructions state that the unit “must be placed in service by you; include labor costs for onsite preparation, assembly and, and the original installation.” There are tax credits for an efficient building (22a), water boiler (22b), or air circulating fan in a furnace (22c). Use Line 22b for a “Qualified natural gas, propane, or hot water boiler.” The maximum amount you can claim is $150.00 for your new home furnace. Continue to fill out Form 5695 until you get your total for the “Nonbusiness Energy Property Credit” on Line 30. Then take the total from Line 30 and enter it on Form 1040, Line 52, or Form 1040NR, Line 49. Finally, attach Form 5695 to your Form 1040 or Form 1040NR. "
How To Deduct California SDI From Federal Taxes,"It does not make sense for the federal and state authorities to tax each other government programs. Thus, you may be able to deduct your California State Disability Insurance (SDI) from federal taxes if you use the long Federal 1040 form. This is how you do it. California SDI has two primary program benefits: This is meant to supplement or replace some of the wages that workers are unable to earn due to temporary incapacity. Disability Insurance is for a non-work-related illness or injury. Paid Family Leave is for when a family member takes time off from work to care for a child, spouse, or parent. The State of California automatically withholds this mandatory tax from workers’ paychecks. SDI is meant as a “partial wage-replacement insurance plan” for California workers. This employee payroll deduction can be claimed on your 1040 Federal Individual Income Tax Return Form.  You should use the long 1040 tax form because it allows you to itemize your deductions. Collect your “W-2 Wage and Tax Statement Form” to determine how much you paid in California SDI. The W-2 Form has Box 14 marked as “Other” where your California State Disability Insurance deduction totals should be listed. Next, you should take out “Schedule A Itemized Deductions” for your Federal 1040 Form and itemize the California SDI deductions. Transfer the figure from Box 14 of your W-2 over to Schedule A, Box 5a in the section marked “Income Taxes You Paid.” You will need to check Box 5a identifying the figure as “State Income” taxes. The California State Disability Insurance taxes qualify as State Taxes because they are taken out of your paycheck. Continue to fill out the Itemized Deductions Form, all of the taxes will be added together and totaled on Line 9 of Schedule A. As you continue down Schedule A, you will eventually total your Itemized Deductions. Compare your total amount for Itemized Deductions from Schedule A to your Standard Deduction listed in the instructions of the 1040 Federal Individual Tax Form near Line 40. You will enter whichever is greater – Itemized Deductions or Standard Deduction – on Federal Form 1040 Line 40. "
OSHA Regulations For Office Temperatures,"The Occupational Safety and Health Administration (OSHA) was formed in 1971 to oversee offices, workplaces, and businesses. OSHA has created regulations, rules, recommendations, and guidelines to help create the safest environment for American workers. Here are OSHA regulations (recommendations) for United States office temperatures. OSHA’s mission is to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.” Dusty warehouses, slaughterhouses, computer data centers, and urban offices all have vastly different work environments. Most computers require a lower temperature to work at peak performance. Workers will also be wearing different protective clothing in hospitals, semiconductor factories, and restaurants. Indoor Air Quality (IAQ) or Indoor Environmental Quality (IEQ) can include: OSHA has received many complaints about unpleasant odors, humid conditions, or toxic fumes in workspaces. These can lead to serious health problems, like asthma. It is not necessarily possible for each company to adhere exactly to OSHA stipulations. That is why OSHA has created “recommendations,” rather than “regulations” for office temperatures. This guidance is intended to maximize human comfort in the setting of the office temperature. Under Section III, Chapter 2, Subsection of OSHA Technical Manual, the optimum ambient temperature for an office should be between 68 and 76 degrees Fahrenheit.  What is BACK-END OFFICE? If employees feel tired, get headaches, or have shortness of breath while working, they should try to determine the specific cause. Is it airborne, in the carpets or isolated to a certain room? Talking informally to your boss is the first step. Then, discuss the issue with a doctor if it continues. Modern handheld devices allow technicians to read room air temperatures. They can determine the indoor air flow for heating and cooling. This can help workers establish the best setting for the heating ventilation air conditioning (HVAC) equipment in the building. If an employee wants to contact OSHA for possible violations, they can qualify under whistleblower statutes and regulations. These prevent a violating employer from penalizing employees for complaints. "
How To File An Out Of State Small Claims Suit,"Small claims court is a local court. This means that plaintiffs and defendants live in the same state, and often in the same county. Accordingly, most counties in U.S. states have their own small claims court where plaintiffs may sue defendants for damages that do not exceed a certain dollar amount. In most jurisdictions, this amount is about: Because the damages involved are not large, it’s not worthwhile for the parties to travel great distances to appear. That’s why most small claims cases are local. However, sometimes you may need to file an out of state small claims lawsuit against a defendant who lives in another state. Not every jurisdiction will allow you to sue an out-of-state defendant in small claims court. However, you may be allowed to if the damages or injuries occurred in the state where you want to file the lawsuit. Similarly, contracts that are drafted within the laws of that jurisdiction or that are violated in that jurisdiction can typically be brought against out-of-state defendants. Sometimes drivers who are involved in accidents are called to be defendants in a small claims court matter in the jurisdiction where the accident occurred rather than the one in which they live. Other rules may stipulate that the defendant must be served with the lawsuit while they are physically in the state in which they are being sued. If that person never comes to the state, you may not be able to sue them in small claims court.  If anything, filing a small claims lawsuit in a state other than the state in which you live is more difficult than filing a case with an out-of-state defendant. Some states do not even allow you to file a small claims suit unless you are a citizen of that state. To find out if it is even possible for you to file a complaint from elsewhere, call the clerk of the court for the appropriate jurisdiction. They should be able to provide you with information about whether or not out-of-state plaintiffs are allowed in their small claims court. Most small claims courts do not allow either side to be represented by an attorney. The rules and procedures are more relaxed, so you’ll have to do much of your own investigation when it comes to figuring out what is permissible in your jurisdiction. "
How To Get A Copy Of Divorce Papers From California,"In California certified copies of divorce decrees are either authorized or informational and must be obtained from the specific county Superior Court where the divorce papers were filed.    A list of individuals who qualify as an authorized requestor is provided below.  An informational divorce decree is available for family history or genealogy purposes and it is stamped with a declaration that the document is not valid for identification purposes.  Divorce decrees are classified as confidential documents in California and while they can be ordered online, they are not available for downloading from the Internet.  The state imposes a fee for obtaining a copy of a divorce decree, both authorized and informational.  If a search of the court records results in no divorce decree being found, the fee is non-refundable.   
California has determined that someone requesting a divorce decree must meet one of the following classifications to obtain a certified document: 1.  Be a named party in the divorce.
2.  Be a parent or legal guardian of a named party.
3.  Be a current spouse of a named party.
4.  Be a domestic partner of a named party.
5.  Be a sibling of a named party.
6.  Be a child of a named party.
7.  Be a grandparent of a named party.
8.  Be an authorized or legal representative of a named party. The state requires a notarized affidavit of a person’s authority to request a divorce decree. 
You can look up the address for each California County Superior Court, and you can find application forms to request a certified document and associated fees.   The certified divorce decree can be ordered online or in person at the appropriate county courthouse.  The document will be mailed to the requestor when ordering online.  When applying for a document at the courthouse, it is possible to obtain a copy while the requestor waits.  If the search of the records will take longer than a few hours to process, the document will be mailed to the requestor. The court will require some detailed information to perform a record search; so the better prepared a requestor is, the faster the process can be completed.  At a minimum, the requestor will need to know the names of the divorced parties, the courthouse where the divorce was filed, the date of the filing and the case number assigned to the divorce by the court. "
How To Read An NVC Case Number,"The government has many different types of identification numbers for a myriad of purposes. The National Visa Center (NVC) number is issued to immigrants wanting to enter the United States. Its alphanumeric characters store a lot of information concerning the visa application. Here is how to read an NVC case number. “National Visa Center is for Immigrants” The United States Department of State Bureau of Consular Affairs runs the National Visa Center. The government center suggests that individuals with any questions concerning their visa status should have their NVC case number, applicant’s name and petitioner’s name in hand. The center can be reached by phone or email by looking up “NVC Inquiry” on the government website. Once the National Visa Center is processing your case, you must contact them at least once every year. This prevents your application from expiring. You should update any information at that time. The United States Department of Homeland Security United States Citizenship and Immigration Services (USCIS) is the primary authority for processing American visas, but it has taken over some processing previously carried out by the United States Immigration and Naturalization Service (INS). This can be very confusing because usually the USCIS is the final authority on visa matters. When an applicant receives his USCIS receipt number, he must be aware that this is different than the NVC number. The USCIS receipt number may be on the “Notice of Action, Form I-797.” “What do the NVC Digits Mean?” The basic NVC case number consists of 13 alphanumeric characters. The first three places are reserved for alphas (letters) identifying the overseas embassy or consulate that received the original immigrant visa application. Some visas are issued according to quotas set for each country. The next 10 digits of the NVC are numbers that have been coded from the standard Julian calendar. The first four numbers are the year for the application (i.e. 1998). The next three numbers represent the date based on the following formula: Date + 500 (i.e. January 1st would be 001 + 500 = 501). The final number identifies the order of that application for that day (i.e. 4th application = 004.) The date and order of the NVC case are important because the older applications receive priority. This could also have legal ramifications since the government has a certain statute of limitations in which it must make visa determinations. "
How To Find A Lost Traffic Citation Number,"Getting a traffic ticket is enough to ruin anyone’s day. It means that fines will likely have to be paid and time may be lost if you decide to contest the ticket. The whole thing adds up to a massive headache. However, the problem only gets worse if you lose the ticket. That one piece of paper had everything you needed to know from the amount of the fine to the steps for responding or for fighting the citation. Fortunately, it’s relatively easy to track down a lost traffic citation number. Municipalities generally keep good records on these matters, so a bit of research should yield all of the information you need. How to Defend Yourself in Traffic Court Where you received the ticket is much more important than the specific police agency that issued the ticket. Very few police departments keep detailed ticket information to be dispensed to the public. Instead, they rely on the court system. The department’s website may be able to point you toward: Determine which county you were in when you received the ticket. Chances are good that you’ll be able to obtain the citation number from the superior or district court for that county. Use an Internet search engine by typing in the county name and then the words “superior court” or “district court.” Traffic infractions are handled by different courts depending upon the jurisdiction. Accordingly, you may have to do some searching.  The court’s website probably has a link that is called something like “traffic,” “citations” or “tickets.” Click on this link to find out how to proceed. Some jurisdictions provide an online search option where you can enter information like your name, driver’s license number, or license plate number to look up a citation. In most cases, you will probably be provided with a phone number rather than an online search form. Call the number, making certain you are prepared with necessary information like your driver’s license number. You may have to be on hold for quite some time before you receive assistance. Although it may feel like a waste of time, stay on the line. Strict deadlines for paying traffic fines or appearing in court have a way of creeping up on you. You’ll want plenty of time to respond. "
How To Find Someone’s Probation Officer,"Many people receive probation instead of jail time in criminal cases. They must comply with certain regulations in accordance with their probation, otherwise, they could receive new charges or be sent to jail. If you know someone who is on probation and you believe they are violating the terms of that probation, then you may need to contact the probation officer. This is public information in most states since the majority of probation officers are overworked and may rely more than you realize on the assistance of the public. Think carefully before contacting a probation officer so you can be certain that what you will be reporting is appropriate. For instance, you should be able to report facts regarding a violation and not be acting on a personal vendetta. Doing so only wastes valuable resources, and if you provide false information, you may be facing charges yourself. If you don’t know the subject’s full, legal name, try to find it out before contacting the probation officer. If you only know the individual by a nickname, try to come up with a good description and a home address. This information can often identify the subject of a probation officer.  Larger cities may have their own probation office. Other jurisdictions have a county probation office. Try an Internet search that includes the words “probation office” and the city where the subject lives. Typically, there’s only one probation office with a number of probation officers working out of a central location. It’s likely that you’ll have to call to find out which probation officer is assigned to the subject. The receptionist or secretary who answers the phone can normally figure out which probation officer is assigned to the individual. How To Get Off Probation Early Usually, you’ll have contact with the probation officer over the phone. Occasionally, you may be asked to meet with the officer in person. Regardless, be prepared to offer any factual information that may be in your possession. If this includes any kind of documentary evidence like: You may also be asked to send in copies.  The instructions the probation officer gives you will vary depending upon your unique situation. Follow them carefully as this is usually best for your personal safety. Moreover, it makes the probation officer’s job easier when you comply with their instructions. "
How To File For A Petition For Writ Of Mandate,"At times, the government courts, departments or agencies do not follow the articulated law. When a judicial authority can clearly show that a certain course of actions are mandated by law, then he can issue a Writ of Mandate. Here is how to file for a petition for Writ of Mandate. “Citizen Can Petition Legal Authority to Issue Writ of Mandate” The Writ of Mandate (Mandamus) is a court order to government agency or another court to correct its previous illegal behavior in order to comply with the law. This mandamus is issued to correct defects of justice. In jurisprudence, case law is created by the actions of bureaucrats, administrators and judges. If a court judgment or action is a mistake, it could seriously undermine the legitimacy of the entire process. A regular citizen cannot issue his own Writ of Mandate, he can only request or petition an authority to do so. The mandamus is a discretionary, equitable remedy, which must be made in good faith. The Writ of Mandate is usually used to compel or restrict a public official from following an illegal order from another authority. “Three Kinds of Mandamus” The three kinds of mandamus are the following: 1) Alternative, 2) Peremptory and 3) Continuing. The Alternative Mandate commands the defendant to perform a specific act or explain to a court why is not performing said act. The Peremptory Mandate is an absolute order for the defendant to perform said act when there is no excuse for not performing the act. The Continuing Mandate demands that the defendant perform the act for an unspecified period of time henceforth. The citizen can file a Petition for Writ of Mandate to a court to enforce an action required by law. The applicant must state his name (or his organization’s name), date, court with jurisdiction, legal decision case citation and any other writs concerning this action. The applicant must identify his interest in this matter. The petitioner must state why the actions of a court or administrator violate the law, clearly state which law is applicable. Show why the actions are mistaken, unlawful, fraudulent or unfair. Applicants must describe the remedy or relief they are seeking under the Writ of Mandate. The citizen can suggest which type of mandamus should be issued also. Using words, such as “just,” “proper” and “lawful” is standard practice. "
Laws For Posting No Trespassing Signs,"You probably have seen a No Trespassing or Keep Out sign somewhere. Doesn’t it seem obvious that people cannot simply trespass on someone else’s property? Under the law, what does the posting of No Trespassing signs accomplish? Under the Universal Law, all land is originally communal land. The federal government owns many acres of land and some might think that a wilderness area may be public property. They might fish, camp, or hunt on private property by accident. A Keep Out or No Trespassing sign can control access to land by identifying it as private property. It is a good reminder to children also. Under the law, an individual who sees a No Trespassing sign:   What is TRESPASSER? Legally, anyone must ask your permission to be on your land, but you may not be there to discuss this issue with them 24/7/365. A No Trespassing sign and fence will send the message that no one can be on your private property without authorization. The Penal Code requires that landowners post conspicuous signs near the primary entry points of the area to be closed to the public.  The law tries to keep a balance between the rights of regular people to enjoy land and the rights of landowners. If there is no fence, the land has not been improved, looks unoccupied, and has no posted sign, then someone can assume the land is public for the use of anyone. Under the natural squatter law, land should be used by the community for productive purposes. Unused land returns to communal ownership. Trespassing is officially illegal on an unposted property that has been improved, used, and fenced in. If a landowner or occupant requests a trespasser to leave verbally or with a written letter, the trespasser must leave. Generally, the Keep Out sign is basically the same as the No Trespassing sign. The landowner, legal occupant, or an authorized representative can post the No Trespassing or Keep Out sign on any portion of the land and identify any activity that is prohibited. Even if you post a No Trespassing sign, you can grant permission to designated individuals. That is your right as a property owner. Trespassing laws vary by state. "
Difference Between Birth Certificate And Certificate Of Live Birth,"For most purposes of identification, people use the Birth Certificate as the original document. But some have recently heard about something called the Certificate of Live Birth. What is the difference between the Birth Certificate and Certificate of Live Birth? The medical community has established the practice of issuing the Certificate of Live Birth when a human being enters the world. This form will include the basics of:   Health care professionals will then enter the information into their hospital database. At this point, the father should verify that the information on the form is correct. Mistakes can be made in the original form or during medical data entry. The mother will, of course, be stressed and won’t be able to concentrate when given the form. Corrections should be made before the Birth Certificate is officially issued. The Certificate of Live Birth is the first unofficial draft of the fact that your mother gave birth to you. Once this information is complete, this Certificate of Live Birth is sent to the Office of Vital Statistics or State Register to create the Official Birth Certificate.  For the sake of school, insurance, taxes, identification cards, and travel documents, you should use your Birth Certificate. While the Certificate of Live Birth shows that you are medically alive, the Birth Certificate is the official record declaring your place of birth. Some people are not born in hospitals and don’t have these other records. The United States federal government may not take your Certificate of Live Birth for Passport purposes either. There have been some difficulties with birth documents in Puerto Rico. It is always wise to have your official Birth Certificate in a safe deposit box. Remember that the live birth hospital form is primarily for data entry purposes. Your Birth Certificate is for official recording purposes and will have the signature and date of a state official on the bottom. It should be printed on high-quality paper or cardboard with a registrar’s embossed state seal in the corner for authenticity. This official Birth Certificate will also have a registration number, so it can easily be looked up for reference. "
What Happens If Someone Violates A Restraining Order?,"A restraining order, sometimes called an order of protection, is a binding legal order issued by a court. Typically, a restraining order is issued when one party is accused of: The victim requests the restraining order as a means of protecting themselves from the aggressor. Terms in a restraining order differ depending upon the behavior exhibited by the aggressor. Sometimes the aggressor is restrained from approaching the home or place of work of the victim. They may also be prohibited from contacting the victim whether in person or by electronic means. Many aggressors who have a restraining order against them will intentionally violate the order. The consequences of doing so can be serious. In this article, we will discuss what happens if someone violates a restraining order, including the typical consequences and what to do if the order is broken. Violating a restraining order is a crime, but unfortunately, it happens quite frequently. In many cases, emotions run high when a restraining order is initiated against someone. Whether it is fear from the victim or anger from the aggressor, it is common for one party to feel the need to reach out to the other party. Now that technology is so prevalent, it is easier than ever to send someone a text, message them over social media, or give them a call. Sending an innocent text message may not seem like a violation, but if “no contact” is part of your order, it surely is. Regardless of if the person initiating contact is doing so to make amends or to retaliate, it is against the law. A person who violates an order of protection may be facing fines, jail time, or both. Restraining order violation is most often charged as a misdemeanor, though it may become a felony under some circumstances. For instance, if a person is arrested for violating a protection order, and this violation was committed in concurrence with another crime like vandalism or assault, many jurisdictions will elevate the charges to a felony. At the misdemeanor level, the aggressor may be facing up to a year in jail and fines of a few thousand dollars. At the felony level, the aggressor could be looking at five years or more in prison and considerable fines. The person who has obtained a restraining order should be careful to keep a copy of the order with them at all times. This way, if the order is violated in any manner, the victim can immediately show the protective order to the police who respond to the call. For the order to be most effective, the victim needs to strictly enforce it. That means contacting the police any time the order is violated, even if the contact appears benign. Failing to file a complaint can make it difficult to enforce the order later. It’s also important to promptly report any incidents between the victim and the aggressor. Authorities frequently cannot act if too much time has elapsed between the incident and when it was reported. A restraining order may only be a piece of paper, but it is nonetheless legally binding. This means that the restrained individual may be facing serious consequences for violating the order. If you are a victim of a restraining order violation, it is a good idea to find a family law attorney to help. However, if the aggressor does any harm to you (physical abuse, etc.), report it to the police immediately, and then notify your attorney. The family law attorney will be able to file a motion for contempt of court, meaning the original case that was opened against the aggressor will be readdressed in court. A hearing will take place, and a consequence will be determined. If you are the aggressor who has violated the restraining order, get in touch with an experienced criminal defense lawyer to tell you how to proceed. In most cases, the aggressor is the one that initiates contact after the order is in place – not the victim. But, what happens if the victim is the one reaching out to the aggressor? In some cases, victims might contact aggressors if they are a former love interest or family member. Maybe the man in the relationship physically abused his girlfriend, and she placed a restraining order against him for her safety. After time goes by, the girlfriend might have the desire to talk with the aggressor and decide she wants to reach out to him to make amends before getting the restraining order resolved. If the victim is the one to initiate contact, it is not a violation of the restraining order. It is only a violation if the aggressor is the one to contact the victim. "
Difference Between Juvenile And Adult Justice Systems,"In the United States, both juveniles and adults may be charged with crimes. Both are entitled to be made aware of the charges and to have legal representation. The lawyers in either a juvenile or adult criminal court have the right to question and cross-examine witnesses. Moreover, both juvenile and adult defendants are protected from self-incrimination. Beyond these similarities, these two systems of justice are quite different. In most states, an individual charged with a crime who is between the ages of 10 and 18 is considered a juvenile. However, some states set an upper limit of 16 or 17 years of age for juvenile court. Should the defendant be accused of a particularly heinous crime, there is the possibility that they could be tried in an adult court. This is a relatively rare occurrence, and often controversial given the young age of the accused. Where an adult is accused of a crime, a juvenile is generally accused of a delinquent act. This implies that the infraction the minor is believed to have committed is of a less serious nature. Because they are not adults, juveniles are not afforded the right to a public trial by jury. Their cases are decided by a judge alone. However, the proceedings in adult and juvenile criminal courts are quite similar in that evidence is presented, testimony is given and witnesses are questioned. In many states, the rules of evidence are less formal in juvenile court, making it easier for both plaintiff and defendant to present their case.  For adults found guilty of a crime, the courts focus on punishment. Essentially, they attempt to impose a penalty that will make it less likely for the individual to commit a similar crime again in the future. Incarceration is the most frequently used means of punishment. However, the juvenile court system focuses on trying to rehabilitate the minor. Parole and probation are often used, as are diversionary programs. Each state creates its own diversionary programs. Components of these may include: Sometimes these programs help offenders to prepare for the future with educational programs. The juvenile justice system is designed to set underage offenders on a different path that will hopefully keep them out of adult jails and prisons. "
The Reality of Criminal Profiling,"When the mysterious serial killer Jack the Ripper roamed through the gritty and foggy streets of London in the 19th century, detectives from the Criminal Investigation Department of London’s Metropolitan Police were baffled by the alleged murderer’s skill in erasing his tracks. To aid their endeavor, the detectives put together a profile of the killer in the hopes of being able to run into the suspect as they conducted their investigation. Jack the Ripper was never confirmed to have been apprehended; however, the investigation resulted in the development of criminal profiling, which is widely used these days by law enforcement officials. Television dramas such as Profiler, Criminal Minds and Law & Order: Criminal Intent are based on criminal profiling as a forensic tool that can be used to augment the work of law enforcement officials and prosecutors, but this is also an activity that sometimes fail society and that can be subject to unethical abuse. Purpose of Criminal Profiling There are three objectives that criminal profiling seeks to achieve: Provide behavioral and social assessments of criminals, investigate how objects used by suspects may help them commit crimes, and to help investigators solve complex crimes.  Criminal profiling has been successfully used to solve cases that rival Jack the Ripper in scope and complexity. For example, serial bomber George Metesky was identified and arrested thanks to psychological profiling of his correspondence in the 1950s. The arrests of serial killers Ted Bundy and Gary Ridgway were aided by extensive profiling.  Criticism and Abuse of Criminal Profiling Although the intent of criminal profiling is clearly scientific, the investigative results are not always accurate. Critics often mention that criminal profiling is more art than science, and some police departments and government agencies, particularly in the United States, have debased this activity by introducing elements such as demographics, economics, race, and ethnicity to guide their actions. This is known as racial profiling. Gang suppression units and crime intelligence departments at law enforcement agencies often engage in racial profiling without even realizing it. A new trend in police work is crime prevention through behavioral and socioeconomic analysis combined with some elements of criminal profiling; to some critics, this practice sounds more like the precognition police officers in the 2002 science fiction film Minority Report, starring Tom Cruise. "
How To Get Residential Property Zoned Commercial,"Are you considering buying a property that is not zoned the way you would like it to be? Have you inherited a residential property that would be more valuable as commercial property? Here is how to get residential property zoned commercial. The primary zoning categories are agricultural, commercial, industrial, residential, and mixed-use. The county or city level of government is usually responsible for these zoning laws. There should be a special zoning committee or department to make these decisions. You can start by printing an official zoning map you find online. Look for trends on how the property was zoned in the community. Research the history of your town to determine if your property used to be zoned in a different way. Consider the present demographics of your community. When the railroads, subway systems, and roads were being built, the zoning laws were being modified. Large corporations will request changing the residential property to commercial. What are the largest developments in your neighborhood? If you want to change your residential property to commercial property you must demonstrate how this zoning modification will benefit the community. Find a property like yours that was rezoned to commercial; collect evidence demonstrating the benefits. How Long Do You Have to Use Capital Gains from a Property Sale to Invest in Another Property Before Paying Tax? Companies provide the necessary employment, products, and services to make a community thrive. Well-organized neighborhoods will have their own associations – visit your neighborhood association. Neighbors might express worries over increased traffic, noise, and pollution. Offer solutions. Meet new neighbors and build up a rapport. Rezoning decisions will require two sets of approval: 1) From the government 2) From the community  Attend regular government and zoning meetings to build up a relationship with the decision-makers. Learn about requirements and how people succeed in rezoning their land. Collect the official land description details for your plat or parcel. You might consider hiring an attorney, architect, engineer, or surveyor to support your case. You must look professional. Develop a backup plan in case there are too many concerns with your original plan. Make your request to the zoning officials. File your paperwork and pay the filing fee. Your request will be published in the local newspaper. Neighbors can comment pro and con. The government may want you to revise your plan. Finally, there will be a vote on whether to change the zoning ordinance. "
Laws Against Downloading Music,"Video may have killed the radio star, but the Internet killed the record store. The music industry has not been the same ever since a file sharing software application called Napster was released right at the end of the 20th century. These days, music lovers can download songs and albums from a variety of online services, and sometimes they may be breaking the law while doing so. When Downloading is Illegal When a person purchases a song from iTunes, a file transfer or download must take place for the purpose of concluding the transaction. In a way, the music buyer is purchasing a license to enjoy a song under certain terms. This is legal insofar as being an online retail transaction. When a person uses a peer-to-peer (P2P) client to download a song that someone else is sharing from their computer, an act of copyright infringement might occur. It the individual or entity who holds copyright to the song did not authorize download thereof on a P2P network, an illegal activity may have taken place.  Federal Laws that Apply to Music Downloads In the United States, a couple of federal laws help protect digital copyright works and intellectual property: 1 – The Digital Millennium Copyright Act (DMCA) of 1998 The DMCA is a complex and controversial law that was enacted before Napster arrived during the Clinton era. The DMCA has both civil and criminal provisions. Downloading music from a P2P network such as BitTorrent may result in a fine and could also open the door for the holder of the copyright to file a lawsuit and seek monetary relief. Under the DMCA, criminal penalties may be imposed on individuals who use technology to defeat digital copyright protection measures.  2 – The No Electronic Theft Act (NET) of 1997 Although this federal law was mostly enacted to protect software, it can also be applied to other digital copyright works. Whereas the DMCA can be broadly applied to individuals who engage in P2P file sharing, NET focuses on piracy schemes on a commercial scale. In general, if the value of the pirated works is $1,000 or less, the offense is prosecuted as a misdemeanor. When the value is higher than $2,500, the offense is treated as a felony. "
How To Arrange For Guardianship Of Your Children After Your Death,"Dying and leaving behind minor children is something no one wants to consider. However, the consequences of not making guardianship plans can have long term, devastating consequences. Should you pass away without appointing a guardian, your child may be sent into foster care and an uncertain future. The parent who gives some time to contemplating an arrangement for guardianship of their child after death will experience peace of mind in the event of a tragic accident or illness. The deceased parent who leaves behind a surviving spouse can usually rely on them to care for minor children. However, if both parents pass away or if one has abandoned the children, it’s important for the custodial parents to choose a guardian. Careful consideration should be given to: Many parents looking for a guardian consider the candidate’s religious views, opinions about education, and whether or not they would be willing to accept the responsibility. Once a selection is made, it’s vital to discuss it with the person who may raise your children. Make certain they understand the responsibility they would be assuming and that they are willing to do so.  Perhaps the best way to appoint a guardian in a legally binding manner is by placing it in a will. With the assistance of an attorney specializing in wills and estates, it should be little trouble to identify the appropriate guardian and make any other necessary arrangements for the care of the child. Wills can incorporate a great deal of detail about how you would like your child to be raised, and this can be a useful guide for the guardian. Schedule a meeting that includes you, the guardian, and the attorney to go over the details of the will. How To Write A Will For Free   In the event of your death, a judge may be required to review the details of your will, particularly if someone else challenges some portion of it. One of the items that may be challenged is your choice of guardian. Most judges are willing to abide by your wishes as they are stipulated in your will. However, your choice may be subject to scrutiny. Although it is unlikely, the judge may decide against the guardian you chose in favor of someone else. Such cases are extremely rare, and if you appoint a guardian with the help of an attorney, there is little chance of this happening. "
How To Obtain An Apostille Stamp In The Usa,"Sometimes individuals or companies must send legal documents issued in the United States to other countries.  In the past, it was difficult for these foreign countries to determine the authenticity of these documents.  To simplify the process, the concept of the apostille stamp was created. What is an Apostille? During the 1961 Hague Convention, participating nations agreed on a form of document authentication known as an apostille stamp.  When foreign nations receive legal documents bearing the apostille stamp, they can reasonably assume that the papers are authentic.   What Types of Documents Require an Apostille? A company may need an apostille stamp on their articles of incorporation, a power of attorney or bylaws.  Individuals sometimes require apostilles on academic transcripts, diplomas and assignments or on birth, marriage and death certificates. Who Provides an Apostille Stamp? The Office of the Secretary of State for each state is empowered to place the stamp on documents for use in foreign countries.  The website of the secretary of state is the best place to find information on the process, as it can vary somewhat from one state to the next.  Typically, the applicant must fill out a form explaining what the document to be authenticated is, how it will be used and where it will be used.  The applicant sends the form, the original document that requires the stamp and a fee to the secretary of state for processing.  After a few days, the applicant receives their original document, complete with apostille stamp, in the mail.  They are then free to send the document to the foreign country. Potential Complications to Consider The Office of the Secretary of State typically provides an apostille stamp on documents signed by the county clerk or another county or state government official without requiring further authentication.  However, documents that are not signed by a recognized government official may need to be notarized before receiving the apostille stamp.  This means that the document must be signed in the presence of a notary who then attests to the authenticity of the signature.  The notarized document is then sent to the secretary of state with the request for apostille stamp.  In these circumstances, the secretary of state’s office is authenticating the signature of the notary as a recognized official.  If there is any doubt about the need for notarization, it’s best to contact the secretary of state’s office before mailing the request. "
What Does An FBI Background Check Show?,"Obtaining a background check is often an important part of the hiring process. Background checks may also be useful for adoptions or for verifying that certain individuals are qualified to enter particular professions that are considered sensitive. In their National Crime Information Center the FBI maintains records of arrests from state and local agencies. Most of the records are linked by fingerprints as every individual who is arrested is fingerprinted as part of the booking process. The NCIC is essentially a database of these records. In addition, the NCIC also tracks reports of missing persons and fugitives who are wanted by law enforcement. When an FBI background check is requested, it typically shows all of the arrests for the individual in question. The data includes the date when the individual was arrested and provides a detail of the charges. Both felonies and more serious misdemeanors may be in the report. However, it is unusual to see moving violations or fines included. These offenses are typically not reported to the FBI because they are so minor. Nonetheless, a handful of agencies do report these matters at a federal level. Employers are the most frequent people to request background checks. Many jobs require that an individual maintain a clean criminal record to obtain, and in some cases to maintain, employment. People in teaching and medical professions are often the subject of a background check. When someone applies for a government job, even at city or county governments, it’s likely that a background check will be performed. Individuals other than employers may also find FBI background checks useful. For instance, a family looking to hire a nanny may want to request such a check in order to ensure their children’s safety. People hoping to adopt a child will probably be made the subject of an FBI background check by the agency that is coordinating the adoption. Sometimes people will request a background check on themselves. This helps to ensure the accuracy of the information. Also, as some data should be removed after a certain length of time, obtaining a background check can make certain this has happened. If it has not, then it can be corrected. Requesting a background check on themselves is the best way for people to ensure that the information being viewed by potential employers is accurate. "
How To Stop Telemarketers From Calling Or Texting You,"Unwanted sales calls and text messages can be both annoying and disruptive.  Random solicitation calls and texts are not the reasons why people buy telephones and cell phones.  Individuals have telephones and cell phones to be able to communicate with personal and professional contacts and to make and receive emergency calls. For the majority of phone owners, telemarketing communications have become a real nuisance.  When phones ring with calls or ping with text messages from solicitors and people don’t know who’s contacting them, they’ll generally stop what they’re doing or they’ll allow their sleep to be interrupted to answer incoming calls or to read text messages.  It is very upsetting when the calls and texts are from telemarketers, especially when cell phone users are charged a fee for sending and receiving text messages.  But, people don’t have to endure these calls and texts; there are several ways to curb, if not completely stop, these bothersome communications for free. <strong>National Registries</strong> The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) was passed by Congress in 2003.  This act prohibits telemarketers from sending messages or calling telephone owners with unwanted solicitations.  However, phone owners can assist the federal government by subscribing to one or more of the national do-not-call registries.  The following two websites are free to all phone owners. 1. The national do-not-call registry, www.dnc.gov, is the best place to subscribe both landline and cell phones.  All someone has to do is go to the website, enter up to three telephone numbers and provide an email address.  An email will be sent to a subscriber to verify the information. 2.  The Federal Trade Commission’s do-not-call registry can be accessed online or by phone.  The website, www.donotcall.gov, is where someone can list up to three phone numbers and an email address.  The registry will send an email to the subscriber to verify the information.  Individuals without computers can register their phone numbers on a do-not-call list by calling 1-888-382-1222. <strong>State Registries</strong> In addition to placing phone numbers on the national do-not-call registries, people can also list their numbers on their state’s do-not-call registry.  At the current time, not all states provide this service.  The website, www.donotcallprotection.com/state_do_not_call_list.signup , is where someone can find out if a state has this service and how to subscribe for the protection. Both national and state registries also provide information and procedures for phone owners to use if they continue to receive unwanted calls and texts.  "
The law of verbal agreements,"<p>People have traditionally used a handshake to signify the reaching of an agreement. Verbal agreements, with or without the symbolic handshake, are legally enforceable in most instances. State laws require that certain types of agreements must be in writing under what is referred to as the Statute of Frauds.</p>
<p>Elements of a Legally Enforceable Agreement</p>
<p>Whether in writing or verbal, a legally enforceable agreement must contain three elements:</p>
<ul>
	<li>An offer</li>
	<li>An Acceptance</li>
	<li>Consideration</li>
</ul>
<p>When the three elements are present, they signify that the parties have achieved a meeting of the minds with each one obligated to do something. For example, a buyer’s acceptance of an offer to sell a car for $1,000 signifies a meeting of the minds completed by the giving of the keys and title to the vehicle in exchange for the money from the buyer.</p>
<p>The mutual exchange of something of value is what sets an agreement that courts will enforce apart from a gift that is not legally enforceable. A promise to give someone $1,000 without requiring the person receiving it to do anything in return is a gift that the giver can decide not to give.</p>
<p>Verbal Agreements in Court</p>
<p>The difficulty of proving the existence of a verbal agreement in court is one of the primary reasons attorneys recommend reducing them to writing. Memories can fade over time, so the terms of a verbal agreement might be subject protracted litigation as the parties argue over their conflicting interpretations of the contents. Although witnesses might prove helpful, rarely do the parties to a verbal agreement conduct their business in the presence of others.</p>
<p>One method of avoiding problems with verbal agreements is to confirm the terms in writing. A letter, memo or email to the other person to a verbal agreement might be sufficient proof of the terms to use as evidence in court.</p>
<p>Statute of Frauds</p>
<p>The Statute of Frauds requires that certain types of agreements must be in writing to be enforceable. Although the laws differ from state to state, the following agreements will not be enforced by the courts unless they are in writing:</p>
<ul>
	<li>Agreements for the sale or transfer of an interest in real property</li>
	<li>Agreements to answer for the debt of another person</li>
	<li>Agreements that cannot, by their terms, be performed within one year</li>
</ul>
<p>Even if a verbal agreement is proven to exist, it cannot be enforced in court if the law requires that it be in writing.</p> "
Employment Rights Of Convicted Felons,"Convicted felons looking for work typically have a hard road ahead of them. Federal and state laws may prohibit them from working in certain industries or may prevent them from being able to obtain a license to work in others. Understanding the employment rights of convicted felons can make it easier to find a job or to determine whether or not the employer is utilizing discriminatory hiring practices. The Federal Government’s Stance U.S. discrimination laws are administered by the Equal Employment Opportunity Commission. Under Title VII of the Civil Rights Act, the EEOC claims that it is unlawful for employers to habitually refuse employment to felons whose criminal act is in no way related to the applied for job. In other words, an employer would be well within their rights to refuse to hire someone convicted of child abuse as a schoolteacher, but that guideline may not apply if the felon applies for a job as a paralegal. Moreover, employers using overly broad rules to avoid hiring felons may be in violation of the law. State Laws Statutes at the state level vary. Within the Fair Credit Reporting Act, employers are allowed to use an applicant’s criminal history when making hiring decisions. However, each state sets guidelines for which information is made available to employers. Some states allow employers to utilize arrest records even if it did not result in a conviction. Other states only allow employers to make hiring decisions based on convictions while arrests without convictions must be overlooked. Additional Factors Some states require that employers weigh other factors. Often, a conviction that occurred many years ago should not be allowed to figure as heavily on a hiring decision as a conviction that happened in the recent past. Also, the employer sometimes must consider the seriousness of the crime committed and whether or not it has any relation to the job. Prohibited Jobs Some jobs that require a license such as teachers, lawyers and doctors, may be forbidden to felons. However, it is possible to find exceptions. Some felons have also been able to obtain employment in these fields and others through obtaining a pardon. Pardons are granted at the state level by the governor while federal crimes must be pardoned by the president. Going through the process of obtaining a pardon can be lengthy and difficult, but it may be worthwhile for the rehabilitated felon seeking employment. "
Definition Of Retribution In Criminal Justice,"Retribution is at the heart of just about all judicial systems that deal with law and order. To the extent that punishment is supposed to fit the crime, retributive justice can be distinguished from revenge in the sense that defendants are expected to give up something in return for the offenses they committed. Retribution can be considered a susceptible principle insofar as ranging in doctrines from “an eye for an eye” to “the Golden Rule.” Long before Hammurabi, the ancient King of Babylonia, codified the laws of the lands he ruled, societies approached crime and punishment based on religious beliefs. For example, the “eye for an eye” doctrine is biblical, but it is also present in the Code of Hammurabi that is believed to predate the Holy Scripture. This means that ancient societies believed in a form of retribution that was closer to retaliation. As religious leaders and philosophers pondered retribution, the Golden Rule of reciprocity was brought into consideration. Retribution without consideration of morals or ethics could be considered revenge. From these musings, the concept of retributive justice has advanced to punishment that must fit the crime.  How to Get a Job in Criminal Justice When criminal offenders are believed to have gained an unfair advantage over others by breaking the law, judicial systems attempt to look beyond the punishment. Making victims whole by assessing fines or ordering restitution are concepts that seek to make retribution a more equitable affair to society in general. Unfortunately, such attempts do not always work as intended. An example of economic retribution would be a court order extended to a white-collar criminal who stole funds from his or her employer. Sending this convict to prison for a crime that deprived his or her victims of economic opportunity is not a good example of a punishment that completely fits the crime. If the convict is not allowed to work and make restitution, the victims are not being served by the justice system. In fact, a lengthy period of incarceration may come at a deep cost to taxpayers, who would be denied the economic opportunity as well. "
Reasons For A Dishonorable Discharge,"When a member of one of the branches of the U.S. armed forces commits an action that is considered a major violation of the code of proper conduct, they may be brought before a general court-martial.  If found guilty of the offense, the military personnel may receive a dishonorable discharge.  This expulsion from military service can have serious and far-reaching consequences.   Possible Crimes that May Lead to Dishonorable Discharge Military personnel who receive a dishonorable discharge frequently commit the most serious crimes according to military protocol.  A serviceperson who is Absent Without Leave, or AWOL, may be dishonorably discharged.  To be considered AWOL, the individual must leave their post intentionally or fail to return to their post.  Sedition is another crime that may be punishable with dishonorable discharge.  In a case involving sedition, the guilty personnel may have tried to get others to disregard orders or may have even been involved in a plot to overthrow the government. Someone found guilty of a sexual assault may also be dishonorably discharged.  Sexual assault can take a number of forms up to and including rape.  In general, any time that sexual contact is forced on another individual, sexual assault has occurred.  Similarly, charges of manslaughter or murder may also lead to a dishonorable discharge.  Manslaughter charges may be brought upon an individual whose action or inaction unintentionally resulted in the death of another.  When another’s life is intentionally ended, murder is the typical charge, and the guilty subject may receive a dishonorable discharge. Consequences of a Dishonorable Discharge When a major crime has been committed, the dishonorable discharge is rarely the end of the legal proceedings.  Individuals who are dishonorably discharged may still be facing criminal charges in regular or military courts.  They may be sentenced to jail time or to pay fines.  However, a record that includes a dishonorable discharge can follow the individual through the rest of their life. People who have been dishonorably discharged may be shunned by military personnel, and they typically lose their entitlement to any military benefits for which they would otherwise have been eligible.  Moreover, they may find it difficult to obtain employment and they will be ineligible for unemployment benefits.  Some will be barred from owning a gun, holding public office and voting.  Successfully appealing the dishonorable discharge may restore some of these benefits and entitlements, but the process is difficult and frequently futile. "
What Happens When You File A False Police Report?,"If you’re a witness or victim of a crime, one of the first steps to justice is filing a police report, which helps prompt an investigation. And while it is imperative to be completely honest and detailed when making a statement to the authorities, sometimes false statements are given, instead. So, why would someone file a false police report? There are a number of reasons – sometimes it’s done to shift the focus of an investigation away from oneself. On other occasions, a false police report may be made in order to make an innocent party appear guilty. Regardless of the reasons, filing a false police report is a serious crime that carries real consequences. A false police report always involves the element of knowingly supplying incorrect information, which typically results in the charge of lying to the police or obstruction of justice. There are varying consequences depending on how much damage the lie causes (more on that in a moment), but there is one sure-fire way to avoid getting yourself in that situation. You’ve heard it before – maybe in a soap opera or a movie – don’t talk to the police without an attorney present. And while it may seem like a cliché line, it is the single most important piece of legal advice when it comes to deterring someone from filing a false police report. How Long Do You Have To File A Police Report? Often, the result of a false report is the obstruction or hindrance of a police investigation. Depending upon the jurisdiction, a false police report may be charged as a: Misdemeanor charges may result in jail terms of one year or less. Typically, the defendant must also pay fines. If a person is charged with a felony, they may be looking at more than a year in jail and substantial fines. The person who made the false report may also be liable in a civil suit, such as if their report caused damage to another’s reputation. At the federal level, the consequences become even more serious. A false report that involves terrorism is treated the most severely, with prison terms of between seven and 20 years being common. The courts may also consider a false report of terrorism as a violent crime even if no violence occurred.  If you are in a situation where you have filed a false police report, whether or not it was intentional, it is best to hire a criminal defense attorney as soon as possible. They may be able to argue that the statements were not made knowingly or that the statements were not intended to obstruct the work of the police. Defending a false report case is tricky, but it can be successfully handled. If you’ve ever seen Netflix’s Making A Murderer docuseries, you know just how complex and difficult it can be to clear someone’s name after providing the police with false information. The case of Brenden Dassey is a globally-known example of what can happen when someone speaks to the police without a criminal defense lawyer present. Brenden Dassey was convicted for life after admitting to charges of rape and murder. The documentary attempts to falsify Dassey’s statement to the police, and while it appears to the public that he was coerced into lying to the officer, he is still in prison. However, if Dassey’s report to the police was in fact false, as the show makes it seem, he could have avoided the entire situation if he would have had a criminal defense lawyer present at the time of the interrogation. Dassey’s case is just one possible avenue when it comes to lying to the police. There are many other outcomes that can result if you file a false police report. To learn more, check out how long you have to file a police report after a crime has taken place. "
How To Fight A Restraining Order,"Being served with a restraining order, particularly one that is undeserved, is infuriating.  However, it’s important to remain calm.  There are ways to fight it, and your chances only improve if you behave in a civilized manner. Seek an Attorney Your best chances for fighting a restraining order lie with an attorney.  The type of restraining order will dictate what kind of attorney you’ll need to represent you.  If you are involved in a criminal investigation, then a criminal defense attorney is your best resource.  People who are dealing with a divorce will want to seek a family law attorney.  Any other civil matters can be handled by a civil litigation attorney. Being Served and Responding You may be served with the restraining order through the mail, in person or at court.  Regardless of the venue, it’s critical that you remain calm.  Making an angry or impassioned argument to the process server or the judge will not help your case.  Take it to an attorney instead.  Your attorney can help you make a response to the restraining order.  Many jurisdictions have a form that can be filled out and filed as a suitable response.  Generally, it makes sense to file the response before the hearing date cited in the restraining order.  This gives the judge a chance to examine your response in advance of the hearing. Understand and Comply with the Order As unfair as the restraining order may be, you must abide by it while you are awaiting your hearing.  Your attorney can provide detailed instructions for actions you must avoid.  For instance, you may be prohibited from contacting the other person via any means.  Perhaps you must not approach them from within a certain distance.  Some restraining orders may prohibit you from purchasing a firearm.  You may also be required to give up any weapons you already own.   Attend the Hearing Prepare for the hearing with your attorney.  Make sure that you have copies of all relevant documents including the restraining order and your response.  Your attorney can help you decide if any other documents may be necessary to support your position.  Arrive at the courthouse well in advance of the appointed time.  Don’t allow your emotions to control you.  Remain calm, courteous and respectful.  There’s no guarantee that the judge will decide in your favor.  However, following these steps can make your success a more likely outcome. "
What Are Some Consequences Of Plagiarism?,"Copying someone else’s work and passing it off as one’s own can come with serious consequences. Some of these are personal, some are professional and some are legal. These consequences can vary depending upon how and where the plagiarism occurred. Students in high school or college may plagiarize another’s work either: Usually, the school sets the penalties for a student who is found to have plagiarized their work. In cases where the student plagiarized unintentionally through accident or misunderstanding, then the consequences may be largely up to the teacher. Perhaps the student will receive no credit for the assignment or will be warned about further consequences should the tendency to plagiarize continue. When the plagiarism appears to be intentional, there may be a number of consequences. These include failing the assignment and having to redo it. Some students may not be able to recover their grade or may automatically fail a course. Some academic institutions will suspend a student for plagiarizing. In extreme cases where the student commits plagiarism on several occasions, they may be dismissed from the school.  When a professional commits plagiarism, the stakes are even higher. Notoriety as a plagiarist can effectively end a career. The plagiarist may be asked to leave their job or be fired. When this happens, it can be extremely difficult for the individual to find employment in the same field. Public figures may receive the heaviest consequences to their reputation and may have to retire from public life. Plagiarism that is egregious enough may also be subject to legal action. When a citation to the source material is omitted, then copyright laws have been violated. The original author of the work that was plagiarized may have grounds to file a civil suit. Some of these lawsuits are highly publicized, which can cause further damage to the plagiarist’s reputation. Moreover, the defendant may be liable for considerable monetary damages that must be paid to the plaintiff. Privacy Laws: Why It Matters, What To Do, & Important FAQs Considering the seriousness of the consequences, it’s important to avoid plagiarism at all costs. Doing so requires vigilance on the part of the writer. This may mean double-checking that all sources are properly cited within a piece. While this may consume a great deal of time, it is a worthwhile endeavor to avoid the academic, legal, and professional consequences that follow an accusation of plagiarism. "
How to Bring Cash Legally Into the United States,"Although there is no limit as to the amount of currency that travelers can carry when they arrive to the United States, there are certain procedures with regard to customs and taxation that must be observed. In general, travelers do not have to worry about carrying amounts less than $10,000; however, traveling with a lot of cash could pose problems.  Declaring Money to U.S. Customs All currency and negotiable instruments that can be readily turned into cash must be declared at U.S. ports of entry and exit. Travelers who enter or leave the U.S. via airports, seaports or border crossing checkpoints must complete a Customs and Border Protection Form 6059-B and declare the exact amount of money they are carrying.  When filling out a form 6059-B, travelers must declare all U.S. and foreign currency as well as gold and silver coins. Highly liquid instruments such as cashier’s checks and money orders are also subject to declaration. Travelers who pass through the U.S. in transit to another destination must also submit to this declaration, but they do not have to list checks or money orders that have not been endorsed.  People traveling together should add up their cash and instruments when making this declaration. Should the amount of currency and negotiable instruments add up to more than $10,000, travelers must complete a Finance Crimes Enforcement Network (FinCEN) form 105, formally known as Report of International Transportation of Currency and Monetary Instruments. The Internal Revenue Service is notified of these declarations for the purpose of determining whether the funds are subject to income tax. Anti-Money Laundering Measures As part of the War on Terror and the War on Drugs, U.S. law enforcement agencies have significantly increased their vigilance over money laundering. To this effect, travelers who carry large amounts of cash without supporting documentation of its legitimate source may be subject to secondary inspections and seizure of funds. In some cases, law enforcement may confiscate cash in excess of $10,000 until supporting documents are produced. Failure to declare currency or willful misrepresentation on form 6059-B could result in hefty fines or funds being seized. Travelers who carry just under $10,000 in cash in frequent trips may come under suspicion of structuring a money laundering enterprise. FinCEN is also working on a method to compel travelers to declare prepaid cards that are loaded with $10,000 or more. "
The Wedding Cake Model Theory Of Criminal Justice,"Criminal laws are a method of social control by which government designates certain behaviors as contrary to the health, safety, or moral welfare of society. The laws define the conduct and establish penalties for those who violate them. The criminal justice system is law enforcement, courts, and corrections working together to apprehend, convict and sentence, and punish those people convicted of committing crimes. Criminal justice experts and scholars have referred to the criminal justice system as a process to deal with offenders. Everyone entering the criminal justice system is not treated the same. The system would be overwhelmed if the large volume of cases it must process were moved through the system without regard to the types or seriousness of the offenses.  Samuel Walker studied the criminal justice process and compared it to a four-tiered wedding cake. According to Walker, cases entering the criminal justice system were treated differently according to the tier they occupied on the wedding cake. The first level at the top of the cake is reserved for high-profile cases. Celebrated cases are those involving the rich, famous, or those individuals with a high media profile. Level-one cases receive all that the criminal justice process has to offer from highly competent legal counsel and expert witnesses to trials and appeals. Cases in the first tier take up a good deal of the time and resources of the system. Cases on the second level are serious crimes such as: Level two cases are serious felony offenses that require the full attention of the criminal justice system. Level one and level two cases are handled in the highest criminal courts in the system. Level three cases are less serious than level two offenses. These cases usually are committed by first offenders or by offenders who are related to or know the victim. Level two offenses are usually resolved through the plea bargaining process rather than through a trial. Cases on the lowest tier of the wedding cake are nonviolent misdemeanors. These cases are handled by the lowest criminal courts and might involve alternative sentences such as community service. How to Get a Job in Criminal Justice Administration According to the wedding cake theory, most cases coming into the system fall into the lowest tier of the cake. At this level, cases can be handled in an assembly line manner to move them through as quickly as possible. "
What Happens When You Don’t Pay Child Support?,"Child support obligations are officially mandated by a court of law. These agreements for the support of minor children specifically define when and how much must be paid by the non-custodial parent. When a non-custodial parent cannot or will not meet these obligations, they may face serious consequences that can include time in jail. Because child support is essentially a court order, a non-custodial parent who is not making these payments will be found in contempt of court. They are informed of the contempt charge in writing and ordered to appear in court. If the parent does not appear, a bench warrant for their arrest will be issued. Even if the parent does appear, they may still be sent to jail if they cannot provide adequate proof that they could not make the child support payments, rather than simply being unwilling to do so. When the non-custodial parent suspects they will no longer be able to meet their child support obligations, it’s important to act quickly. The loss of a job, an extended illness, or other income reduction may significantly change the parent’s ability to pay. They can file a motion for child support modification that would decrease the amount they must pay each month. It may take time and the assistance of an attorney, but this proactive means of dealing with child support issues is far preferable to be found in contempt.   Many judges recognize that it is impossible for parents who are incarcerated to meet child support obligations. Accordingly, courts won’t necessarily throw a parent in jail because they missed a few payments. They may order: That is if they think such actions will help ensure proper payment. Depending upon the jurisdiction, the judge may also be able to modify the amount of child support that will be owed in the future. In these situations, the judge cannot reduce the amount of back child support payments that are owed. However, future child support payments may be reduced to reflect the noncustodial parent’s ability to pay. Failing to comply with court-ordered child support payments can result in a major legal headache, tremendous expenses and time in jail When possible, it’s best to request a modification to avoid many of these penalties.   "
How To Send Care Packages For Inmates,"If someone you love is incarcerated, you may feel helpless. Although you may not be able to see your friend or family member very often, there is one way you can comfort them during their time in jail or prison. Sending a care package to an inmate with their favorite treats, reading materials, pictures, and notes is a great way to show your love and support. But as you’ve probably learned, there are strict rules in regards to what inmates are allowed to have possession of while they are incarcerated, so how do you know what is okay to send them in their care package? In this article, we will discuss: Because of security concerns in jails and prisons, it is no longer possible for friends and family to send care packages directly to inmates. Instead, it has become common practice for prisons to develop contracts with certain approved care package providers. Loved ones can contact these care package providers to send a gift to an inmate.  Regulations vary between jurisdictions, so it’s best to check with prison management to determine how often an inmate may receive care packages. Most only allow prisoners to receive one package each quarter. Moreover, prisons usually only contract with certain care package providers. If you order a package from another company that is not approved, it likely cannot be delivered. Contact the prison where the inmate is being held to find out which providers are approved for use. Each item in the package is carefully selected to meet prison regulations. They run the gamut from products designed to provide entertainment and distraction to useful everyday items. A care package might include food like coffee, candy, meats, and seafood. Personal hygiene items like toothpaste, shampoo, and deodorant are commonly included. Some inmates also receive shoes, sweats, or underwear in care packages. Sometimes things like guitar picks, headphones, art supplies, and books can be sent to prisoners. Some package services make it possible to set up a recurring order that is automatically sent each quarter. Each delivery essentially includes the same items. Customers may also make special orders for other items that are not included in the quarterly delivery. Again, it’s very important to check prison regulations before placing a special order. Some inmates may not be permitted to receive an additional delivery in the same quarter. The good news is that the care package providers make it very easy for the shopper to make smart choices. After arriving at the package provider website, users often have to input the inmate’s number or choose the correctional facility where they are housed. The user will then be given options for care packages that are approved for that inmate and that facility. If you have the opportunity to communicate with the prisoner, they may be able to tell you about certain items they need, and you can tailor your next order to meet these requirements. After the order is placed, it can be tracked at the website.  Putting together a care package yourself sounds nice, but you run the risk of including something in the package that is against the jail or prison’s rules and regulations. Before your loved one will receive your care package, it will be thoroughly examined by an officer, and only approved items will be passed along. A simple and convenient alternative to creating your own inmate care packages is using a supplier. Companies like JPay and Access Sercurepak have tons of experience putting together inmate care packages. All you need to do is visit their website and order the one you want to have shipped to your loved one. Here’s a look at some of the best suppliers to use: One of the best places you can go to purchase a care package for an inmate is Access Catalog’s Access Securepak. Serving facilities in all 50 states, Access Securepak makes it extremely simple to go online and pick out the perfect care package for a loved one who is incarcerated. They partner with jails and prisons to ensure inmates are given safe and meaningful gifts, like food and snacks, personal hygiene products, electronics, and clothing. To see if the facility you are sending a package to is partnered with Access Securepak, visit their website and input your state. Then, choose a program, create an account, and begin shopping for the perfect care package. All items available abide by the facility’s rules and regulations for incoming shipments, so they do not have to be scanned and dug through upon arriving at the facility. Loved ones pay for everything on the website. Mycarepack.com is another inmate care package supplier that partners with jails and prisons to provide inmates safe and secure gifts from loved ones. Similar to Access Securepak, you will visit the MyCarePack website, input the state and facility where the inmate is located, and select your items. After putting together the inmate’s care package online, you will select the inmate’s information so you know it will be delivered to the right person. MyCarePack allows you to select items like candy, clothing, coffee, condiments, drinks, food, personal hygiene materials, pre-stamped envelopes, phone cards, medicine, and other snacks. JPay is a company that partners with jails and prisons to provide inmate services like money transfer, email, video visitation, music, and education. So while they do not offer traditional inmate care packages with snacks and magazines, they give friends and family of inmates a way to connect with them and show their support electronically. JPay has kiosks set up in the facilities they partner with so inmates can login and send emails to their loved ones, view photos, and view/send videograms. Inmates and loved ones can also do “video visitation” through JPay’s kiosks, which are typically 30-minute sessions to video chat with family members or friends that live far away or are not able to come to in-person visitation at the jail. All services are conveniently paid for through JPay’s online portal.   To learn more about getting in touch with someone in jail, here’s a look at our guide on the Best Way To Find Someone In Jail For Free. "
What Is The Role Of A Defense Attorney?,"In the U.S. justice system, everyone is entitled to a vigorous legal defense. In most cases, this defense is headed up by an experienced defense attorney. However, many people don’t really know what a defense attorney does. A defense attorney represents a defendant in court proceedings. They most often appear in criminal court when the defendant has been accused of committing a crime like a burglary or murder. Whether the charges against the defendant are a misdemeanor or a major felony, they are entitled to vigorous legal defense, and it is the job of the defense attorney to provide this. Most legal matters that are handled by defense attorneys begin months before the trial date. Their services may be engaged to protect the rights of a person who has not yet been charged with a crime, but suspects that they may be charged soon. This way, the defense attorney can be present for any interviews with law enforcement and can instruct their client regarding which questions should or should not be answered. Defense attorneys may themselves become deeply involved in the investigative process as they begin reviewing evidence and search for further documents or other items that might support the innocence of their client. Moreover, the defense attorney may move to have the charges against their client dropped if insufficient evidence of their guilt comes to light or if the manner in which the investigation was conducted is called into question. A defense attorney provides other services like: A plea bargain often means that the client gets reduced charges and therefore a lighter sentence than they might if the matter had proceeded to trial. When negotiations and plea bargains fail, the defense attorney prepares to represent their client in court. Utilizing deposition transcripts and the evidence, the defense attorney builds a strategy to protect their client’s rights. The prosecution is responsible for proving to a jury that the defendant is guilty beyond a reasonable doubt. While the defense does not have the burden of proving their client’s innocence, they are free to present evidence that shows their client’s innocence or that could cast doubt of the client’s guilt in the minds of the jury. "
How To Obtain Medical Records Of A Deceased Relative,"Federal law strictly protects medical records for each individual in the U.S. The Health Insurance Portability and Accountability Act, or HIPAA ensures that intensely private information cannot be misused or improperly shared. A person’s right to privacy under HIPAA extends until 50 years after their death. However, sometimes relatives need access to the deceased person’s medical records. The information contained in these records may be useful when it comes to predicting what sorts of hereditary ailments the patient and their doctor need to be aware of. There are essentially two methods for obtaining these records. When someone passes away and leaves behind a will, the document typically appoints a personal representative or an executor for the estate. The right to access personal medical records passes from the individual to the executor after their death. State laws, operating within overall HIPAA guidelines, largely determine precisely how medical records may be obtained. Usually, the personal representative or executor must submit pertinent documents such as: Some states may require filling out and submitting forms. Medical records can usually be obtained through state or county government offices or even through the hospital. Individuals other than the personal representative or executor may ask that person to obtain copies for them.  If a person dies without having made a will, most states recognize their nearest surviving relative as their personal representative or executor, this may be a:   Depending on the state’s practices, this person may need to go through extra steps in order to obtain access to their deceased relative’s medical records. Once again, county and state health departments can be helpful in this quest. The hospital where the relative passed away may also be able to offer assistance. Physicians and other health care practitioners have long been aware that knowing a relative’s medical history can be enormously informative as far as the care of their patients. Accordingly, a doctor may make a request for medical records on another individual. HIPAA rules do not require that a physician be authorized by the estate to do so. Since doctors must already possess sophisticated knowledge of the applicable privacy laws, HIPAA permits access to medical records for appropriate purposes. You can also have a look at How to transfer a car title when the owner is deceased. "
How to Get Money Back from an Internet Scam,"Internet fraud and online scams are just two of the ugly downsides of the Information Age. The advent of the Internet has impacted just about every facet of life, and crime has not been left out. Fraudsters, scammers and flimflam artists are constantly prowling in cyberspace; in the United Kingdom alone, statistics related to Internet crime reveal that more than $25 billion were lost to online scams in 2012. According to the Internet Crime Complaint Center (IC3), recovering money lost to an Internet scam can be extremely difficult, particularly when the funds have been sent overseas via commercial money transmitters such as Western Union. In essence, getting money back would require a reversal of the wire transfer, which is almost impossible when the funds have been claimed by the recipient. Not all Internet scams involve wiring money overseas. In fact, most instances of online fraud are perpetrated by offenders who pose as legitimate merchants. Acts of deceptive trade and fraudulent commerce fall under the purview of consumer protection and law enforcement agencies at the state and federal levels; this means that consumers can get relief in some situations. Filing Consumer Complaints One common Internet scam consists of perpetrators offering goods or services that they do not intend to deliver. For example, a person interested in buying auto parts for a Toyota truck may complete an online transaction using a credit card; if the parts are never shipped, the buyer can take the following steps: – Identify the purchase by collecting all available evidence. This would include receipts of the transaction, credit card statements, messages sent to the merchant, a screenshot of the website, etc. – If the alleged scammer claims to operate within the same state as the buyer, the attorney general’s office may be able to help through its own consumer protection task force or agency. This would entail filing a complaint and providing the agency with the evidence collected. A joint effort between law enforcement, prosecutors and the courts may lead to a judicial order to recover funds held by scammers for the purpose of returning them to victims.  In some cases, consumers enjoy added protection when they use their credit cards. The issuer may offer assistance with the investigation or they may reimburse the cardholder with some of the funds lost. Some companies even offer additional insurance for cardholders who pay a monthly fee. "
What Is Gender Inequality In The Workplace?,"Gender inequality, which is sometimes called sex discrimination, means receiving unequal treatment based solely on gender.  Women are most commonly the subject of gender inequality in the workplace.  Despite decades of reform, statistics suggest that for every dollar a man earns a woman in a similar job earns just 77 cents.  Clearly, there are still improvements to be made.  Understanding gender inequality is a step toward eliminating it from the modern workplace. Unequal Rather than Just Different To be considered genuine gender inequality, a person must be treated unequally based upon their sex, rather than just being treated differently.  As an example, providing separate bathrooms for each sex is not a policy of gender inequality.  However, if that same employer made hiring or salary decisions based on the worker’s gender, then this would constitute gender inequality.  Employers are also legally forbidden to discriminate against pregnant workers.  As a temporary medical condition, pregnancy and childbirth should be treated like other illnesses without adversely affecting the employee’s chances of being promoted or remaining employed. Sexual Harassment Harassment can be seen as another form of gender inequality in the workplace.  Offering a bonus in exchange for sexual favors, making off color jokes or engaging in unwanted advances are all examples of harassment.  Once again, such behaviors are prohibited by law, but harassment against both sexes still occurs regularly. The Civil Rights Act of 1964 This was a groundbreaking piece of legislation that prohibited employers from making hiring, firing, salary and promotion decisions based on gender.  Title VII of the act offers protection from gender inequality in the workplace and from sexual harassment.  Under Title VII, employers also are not permitted to retaliate against employees who make allegations of gender inequality in the workplace. The Equal Pay Act of 1963 Another important piece of legislation that helps to protect workers from gender inequality, the Equal Pay Act forbids employers from making salary decisions based on gender.  Workers who have the same job title, perform the job with the same skill level and are similarly productive should not be paid different wages simply because one is a man and one is a woman. The Equal Employment Opportunity Commission One of the Commission’s goals to is to eradicate gender inequality from the workplace.  Accordingly, they are tasked with enforcing discrimination laws.  The EEOC is often the first place an employee goes with a gender inequality complaint. "
How To Prove A Parent Unfit In Child Custody Cases,"Child custody can be one of the most divisive components of any divorce.  This is particularly true when one parent believes that the other parent is unfit.  In most jurisdictions the judge will try to determine the custody arrangement that is in the best interest of the child.  This may mean that you will have to prove that the other parent is unfit for sole or joint custody. Presenting Your Case Many judges dislike parents bashing each other in the courtroom.  As a general rule, it’s advisable for you to focus on why you are the better parent.  For example, you might be prepared to demonstrate the predictability of your child’s schedule and provide proof about nutritious eating habits and enriching extracurricular activities.  Evidence such as this can help to convince the court that you are the better parent.  Focusing on your parenting skills is a wonderful way to gain the sympathy of the court. Knowing the Law Child custody laws vary widely.  Accordingly, it’s in your best interests to be familiar with your state’s laws.  The best way to do this is by hiring legal counsel to represent you.  Your lawyer is your ally and can help you take the steps necessary to prove that the other parent is unfit. Gather Evidence It’s likely that you’ll need more than your own testimony to prove that the other parent is unfit.  Official records that detail the other parent’s criminal history, substance abuse or pattern of domestic violence can be invaluable.  Photographs, correspondence and audio or video files are also admissible forms of evidence.  You may be able to establish that the other parent’s home is unsuitable, such as if the child is exposed to dangerous objects or situations.  Even the neighborhood where the other parent lives may be a factor.  If it’s a neighborhood with a notoriously high crime rate, the judge may decide that the child is better off not spending time there.   Get Help from a Psychologist In custody cases you may be able to ask the judge to have the other parent evaluated by a psychologist.  This can be revealing, and while it is not necessarily conclusive, it can offer the court insight into the other parent’s state of mind.  You may also ask to have your child evaluated by a psychologist as this may help to determine what their relationship with the other parent is like.  "
How To Deduct Professional Association Dues From Taxes,"Employment related professional association dues or fees are allowable as tax deductions if they meet the guidelines established by the IRS (Internal Revenue Service).  You must know how the dues will be utilized by the association to calculate what portion of the dues can be a tax deduction.  Fees paid for professional associations or memberships are classified as miscellaneous deductions.  This means that only the amount of those dues or fees paid which exceed 2 percent of your adjusted gross income can us listed as a tax deduction.  Additionally, the dues or fees must meet the IRS classification of an ordinary and necessary expense to be a deduction. <strong>Utilization of Professional Association Dues</strong>
Any portion of the membership dues that are used for the funding of social events, for recruitment of new members, for lobbying or for political contributions cannot be taken as a tax deduction.  You can get an itemized listing from the association on how your dues were used.  Total the amount of the funds that are used by the association to assist you in your professional career and subtract 2 percent of your adjusted gross income.  If the balance is more than zero, you will list this amount on Schedule A of tax Form 1040.  You do not have to submit your receipts with your taxes, but need to keep them in the event that you are audited. <strong>Ordinary and Necessary Professional Association Dues</strong>
Professional associations are those organizations directly related to your ability to earn income.  When being a member of a professional organization will assist or enhance your career or income capability, it may be partially or wholly deductible.  These organizations include professional boards, trade boards, real estate associations, chambers of commerce, bar associations, and professional leagues.  If your employer requires you to have membership in an association as a condition for employment and does not reimburse your costs, those dues or fees are tax deductions.  If you are required to have any medical examinations or tests to qualify for membership and your employer does not reimburse you, those costs are also tax deductible. If you have paid for membership in any professional or trade association and are not clear on whether all or some of the fees are tax deductible, you can always seek the advice of a tax professional.  Everyone who earns an income must pay taxes and everyone is entitled to reduce the amount owed by all legally allowable deductions. "
How Does A Restricted License Work?,"A normal driver’s license allows people to operate a vehicle at any time to visit any locations with any passengers they see fit. A restricted license offers much more limited driving rights or privileges. This is how a restricted license works. “Special Categories for Licenses” All just laws are supposed to apply equally to all parties. In order to create special driving categories, there must be a reason for not believing that an individual can adhere to the same standards as a normal motor vehicle operator. The primary two reasons for a conditional permit or restricted license are 1) underage status or 2) commission of a crime. Before the age of adulthood (18 in most states) most teenagers can qualify for a conditional use permit (CUP) or conditional driving permit (CDP). Depending upon the state, the teenage may not have passengers or drive at certain hours. These restrictions are removed upon becoming an adult. “Moving Violation or Controlled Substance Influence” Each state has its own driving under the influence (DUI) or driving while intoxicated (DWI) laws. Typically, a repeat offender with a certain number of violations over a certain period of time could receive a license suspension. Some states may confiscate the automobile, require restrictive plates or install a breathalyzer key ignition system. But as the government attempts to “reintroduce” an offender back into regular society, the government must gradually allow a driver to perform necessary travel. Normal actions like buying groceries, picking up a child or getting to work may qualify a driver for a restricted license. An applicant can claim “hardship” to a court meaning that the “inability to drive creates an undue hardship making it impossible for the individual to live a real life.” In these hardship cases, the courts will allow for an individual, convicted of a serious moving violation (alcohol or drugs), to receive a restricted license detailing what can and cannot be done. There are many names given to these licenses: occupational, work, hardship or Cinderella to name a few. Traveling to school or observing a religious service might also be acceptable functions under said license. “Some Courts Require Fulfillment of Rehabilitation Program” The court might also require an individual to complete a drug rehabilitation treatment program or perform community service. The restricted license could allow the individual to drive to and from these court-mandated appointments. "
What Are The Consequences Of Cyberbullying?,"The development of the Internet and the widespread use of social media has given the schoolyard bully a new weapon to use against a victim. Unlike face-to-face taunting, threats, intimidation, and injury associated with bullying, cyberbullying can be more traumatic for a victim because it can be viewed by more people. Once posted online, the threats and taunts frequently cannot be removed, making the consequences of cyberbullying that much more devastating for the victim. According to the American Psychological Association, bullying involves aggressive behavior intended to cause another person to suffer injury or discomfort. Those engaging in such conduct repeatedly use words, actions, or direct physical contact with the victim to achieve their intended goal. Cyberbullying uses such electronic technology as computers, tablets, and cell phones to access social media, websites, text messages, and chat rooms where the offender can attack the victim. Commonly used methods of cyberbullying include: • Derogatory or threatening emails and text messages
• Using social media sites to spread rumors
• Posting embarrassing pictures or videos of the victim
• Creating fake profiles to post false or damaging information The potential harm done by cyberbullying can be greater than with other forms of bullying. The number of people that a cyberbully can reach is so much greater than with traditional forms of bullying, that might be witnessed by the victim and only a few people if any. Social media sites make it easy for a cyberbully anonymously post derogatory information that reaches a wide audience with little risk of it being traced back to its source.  Victims of cyberbullying are more likely than their peers to abuse alcohol and drugs, have physical and emotional health issues, and may suffer from low self-esteem. Poor grades in school is another consequence of cyberbullying that can also be accompanied by an attempt by the victim to avoid other children by refusing to go to school. Efforts by state and federal lawmakers to stop cyberbullying by making it a criminal act have met with legal challenges. A cyberbullying law in New York was recently ruled to be unconstitutional on freedom of speech grounds. Fourteen states impose criminal penalties including jail and fines on individuals convicted of cyberbullying. Penalties can range up to $2,500 in fines and up to a year in jail. Laws in most states require school districts to establish policies against bullying. Penalties usually involve the suspension of a child from school. Thinking of defamation of character? You can also have a look at how do you prove defamation of character claim? "
How To Locate Someone Who Has Been Arrested,"When someone is missing, family and friends will be quite concerned. Authorities have realized that a key element of the law must be to notify the public of the location of someone arrested. Here is how to locate someone who has been arrested. Under the United States Constitution “Bill of Rights,” the concept of the “Writ of Habeas Corpus” was re-affirmed. The “Writ of Habeas Corpus” requires that a “Letter of Physical Custody of a Body” be published by the government stating the charges and whereabouts of citizens in its custody. When a police officer arrests a man or woman, an arrest report is created. Since most squad cars have computers, this information can be sent directly to the station. At the police station, the accused will go through booking, which entails the collection of: After booking, the accused will be officially taken into custody at a jail. Once booked and taken into custody, the individual will be logged into the prison system database. From the point of arrest, the government has 24 to 48 hours to bring the accused before a judge and file formal charges. For minor offenses, bail is set at the time of arrest, for felonies, the judge might set bail. A concerned family member can visit the local government website to look for the person by name and address under Arrests and Bail. Someone will know the exact date and time of booking in the city, county, or state jail. At the preliminary hearing, the government must bring the accused before a judge and make formal charges.  Best Way to Find Someone in Jail for Free If all else fails, check with a local bail bondsman; they know the ins-and-outs of the system. Many of these shops are open 24/7/365 and located near the jailhouse. It is their job to collect bail money to allow people to leave jail as quickly as possible. For minor offenses, once booked into the jail system, the accused can bail out by offering a bond to guarantee his return for hearings and trial. Under the law, someone should not be punished with jail time before he is legally convicted of a crime. "
Life-Changing Privileges Of Turning 18,"In a teenager’s eyes, turning 18-years-old is the ultimate dream, but for parents, it can be their worst nightmare. From letting go of the reigns to accepting their child is growing up, the transition into adulthood is never an easy one. But, from a legal perspective, turning 18 is more than a right of passage or a reason to throw a giant party. In most states, the age of 18 is when a person is officially and legally viewed as an adult, which includes the ability to enjoy certain rights along with the requirement to fulfill certain duties. Here’s an overview of the privileges of turning 18: A minor (juvenile or child) is under the protection of parents for the necessities of food, clothing, and shelter. Also, the parents are the legal and financial guardians of the juvenile. If a minor shoplifts or breaks a window with a baseball, the parents are held legally responsible. The minor cannot be held to any contract. What is AGE OF REASON?   Each state is different when it comes to a concept like being able to move out. But in the United States, the age of 18 is when you legally become an adult. Before that age, you are a minor under the guardianship of your parents. Under the age of 18, states can dramatically restrict your driving privileges by prohibiting any passengers or driving at certain times of the day. When you turn 18, you now have a “fresh start” as an adult, so past transgressions won’t legally come back to haunt you. You can enter into contracts because they are now legally binding. This opens up a wide range of new activities you can engage in. Whether you know it or not, a child is not responsible for gambling losses. This is a form of a contract. Juveniles cannot qualify for legally binding contracts.  Unless you are in a state that allows marriage before 18 years old or with a parent’s permission, you could not get hitched until you became a legal adult. In order to be legally married, you must be an adult who can have the authority to say “I do.” You can’t do that until you are 18 years old. At 18-years-old, you can now have “consensual sex” with a partner. The legal age of consent varies state by state, with some areas being as young as 16 years old. When you apply for a job, you must sign a tax form and contract. This is not legally binding until you are an adult. Thus, after 18, you can hold a job, get an apartment, buy stocks and purchase real estate. The government wants you to register for the Selective Service (military draft) when you turn 18. You are now legally required to serve your country. You can vote and because jury duty is based on your voting records, you also must serve in a jury of your peers. No more “juvy,” as the kids call it. If you commit a crime or misdemeanor as an 18-year-old, you will be tried as an adult and may spend time in jail or prison.  Once you are a legal adult, you can go out on your own and sign a lease to rent. Finding your first place away from home is one of the most fun (and stressful) parts of adulthood – especially if you’re paying for rent yourself. Don’t want to get that cavity filled? It may be a bad choice, but it’s yours to make when you turn 18. Legally, you can decide when you go to the doctor and what kind of medical treatments you receive if you ever find yourself in the hospital. For the first time in your life, you can vote and have a say in the future of your country. Be sure to register to vote in time for the next election.   Of course, there are plenty more pros to becoming a legal adult, but these are a handful of the privileges of turning 18 that will impact your day-to-day life the most! Congrats on your newfound adulthood. "
How To Legally Change Your Middle Name,"When you are born, your parents name you. After you reach the age of adulthood, you have the consciousness to determine if your middle name truly suits you. Here is how to legally change your middle name. “Right to Change Your Name” Most states or counties will have a form specifically for name changes. Visit your government website and ask for a Name Change Form or Name Change Petition. Some states may require you to file several documents, for example an Attachment, Civil Case Cover Sheet or Decree Form. Make two copies of each of the required forms by downloading them from the government website or acquiring a physical paper copy from the courthouse itself. If your local government does not have an official form, you can make your own form. Make sure you have your birth certificate, credit report, driver’s license, state identification card, housing lease, utility bills, state tax returns and other documents showing your place of residence ready. Most states require you to live in a place for a certain amount of time to qualify for residency. Think about why you want to change your name. This might be due to a change in family, religious or career status. Many famous actors change their names to create more memorable brands. There may be a question concerning why you want to change your name. Submit the Name Change Form along with any accompanying documents to your state or county clerk. Expect to pay a filing fee. The court will schedule a hearing for any people who want to challenge your name change. “Judge Must Authorize” Once your hearing date is set, publish your intention to change your name and the hearing date in your local newspaper. This advertisement must run each week for several weeks to allow for public comment. The court might run a criminal background check on you. Bring all of your documents to the hearing, some character witnesses might help. During your hearing the judge will ask if anyone wants to challenge your name change. He may ask you why you want to change your name. Some of the forms you might need to sign in the presence of the judge, so make sure you check ahead-of-time. If the petition is accepted, the judge will issue a name change order to certify your new middle name. In the United States, more than 80 percent of married women choose to take the last name of their husband. Though most do so as soon after the wedding as they reasonably can, there are many who wait months or even years to make this decision. Regardless of the timing, in most states, women simply need to present a copy of their birth certificate, marriage license, and a picture I.D. to their local Social Security Administration office along with a completed application for a new Social Security card. A name change after a divorce is often even less complicated. The judge finalizing the divorce can include language on the divorce decree that restores the female’s name. She will then use that decree to obtain a new Social Security card and identification in her previous name. Both men and women may wish to change their names for a host of reasons. Sometimes they want to appear more professional or wish to distance themselves from difficult pasts. They may simply dislike their birth name or wish to legally change the spelling. No matter what the purpose for the name change may be, the path to legally change the name is generally the same. Laws differ from state to state, but most people who wish to change their names must start with filing a petition for change of name. This can be found through the state court. After the paperwork is completed, it is a good idea to have an attorney look over the paperwork to make sure it is filled out properly. Individuals should then make copies of their paperwork before submitting to the court clerk. A small fee is usually assessed at this time, which varies depending on location. Some areas will then require that the individual publicize their name change request in a local newspaper before a court hearing is scheduled. The judge will then decide if the name change is granted.   "
How To Disown A Relative,"Family relatives are defined as more than someone’s parents, siblings, and children. Family relatives also include grandparents, aunts, uncles, nieces, nephews, and cousins. Severing relations with adult family members, depending on the underlying reasons, may not require legal proceedings or the services of an attorney. However, when one of the interested parties is a minor, it is advisable to consult with a family law lawyer because legal paperwork and court hearings will be required. Disowning a relative is an action intended to terminate any connection with or responsibility for that family member. The following information describes the highlights of the informal and formal ways that an adult family member can disown a relative. An individual is an adult when he has reached the age of legal majority in his state. Adult independence, when a person is responsible for his own actions, varies from state to state and can range from 16 to 18 years of age. When there is no threat of physical or mental abuse and you are living with the person, or persons, you want to disown, you can move into a residence of your own and not let them know your address. You can cease all contact with the family member by refusing to accept any written or electronic communications. You need to notify the family member in writing that you are severing the family connection and no longer want any contact or communication with him. You can send the notification using certified mail. If you are being harassed or abused by a family member, you can terminate the relationship with the assistance of the legal system. A few available options are: to notify the relative in writing of your intention to sever your family ties; to obtain a restraining order to restrict his access to you; and to have a city or county official serve your relative with a Notice of No Trespass. If your relative violates a court order or notice, you can: To ensure that someone you disown cannot claim any inheritance from your estate, your will can exclude this person from having any part of your assets. When disowning your parents, you can name a guardian for your children to ensure that your parents will not gain control of your minor children. "
History of Dna Testing In Criminal Cases,"The scientific concept of DNA, Deoxyribonucleic Acid, as generic building blocks of all living things, has been studied for over 60 years.  In 1985 a professor at the University of Leicester, Alec Jeffreys, was able to validate the uniqueness of personalized DNA material in each person’s skin, body fluids, blood, nails and hair.  Outside of identical twins, no two people have the same DNA pattern. <strong>Crime Solving Before DNA</strong>
Law enforcement agencies and criminal evaluation laboratories welcomed the use of DNA technology as a major aid in being able to isolate alleged suspects with forensic evidence collected at crime scenes.  Prior to the use of DNA, criminal identification relied heavily on fingerprints, shoe prints, blood, or other evidence that a suspect may have left behind during a crime.  The older way of using evidence to solve crimes would often provide a potential population pool of possible suspects.   <strong>Crime Solving With DNA</strong>
DNA testing is able to bring the pool of potential suspects down to one alleged offender or another member of the individual’s family who would have similar DNA. The process of matching a suspect’s DNA with DNA found at a crime scene has provided both law enforcement and court officials with a higher probability of convicting the criminal offenders. <strong>First Criminal Cases Using DNA</strong>
DNA was first used in a criminal case in England in 1986.  DNA samples collected from the men living and working within the neighborhood of two rape and murder scenes resulted in two positive outcomes.  The one man original convicted was proved to be innocent and the guilty criminal was caught.  One year later, DNA was first used in a United States criminal case in Florida.  The forensic evidence collected from a rape victim was positively matched to a suspect’s DNA and when presented in court, the suspect was found guilty of the crime. <strong>Forensic Benefits of DNA Usage</strong>
Unlike blood found at a crime scene, DNA material remains usable for an endless period of time.  DNA technology is used on decomposed human remains to identify the victims.  DNA is also used to reverse prior convictions when DNA was not available.  A positive DNA match presents a likely probability for personal identification.  However, a negative DNA match is a solid conclusion that the samples came from two separate individuals, http://legal-dictionary.thefreedictionary.com/Legal+History+of+DNA+Evidence.            "
How To Get A Handicap Parking Permit,"Every person with a mobility problem knows the value of being able to park as close as possible to a store, medical facility or office building.  Having a handicap parking permit lets individuals with qualifying medical conditions use those reserved handicap parking spaces that are closer to stores and buildings.  Depending on the reason for the permit, handicap parking permits can be either permanent or temporary.  Parking permits can be either a placard to be displayed in the front windshield area of a vehicle, a sticker to be placed on the outside of the vehicle, or a license plate.   
WHO MAY APPLY
In most cases, the individual with the medical condition is required to apply for the handicap parking permit.  However, if a person’s medical condition does not allow this individual to do the driving, the person who will be driving for someone can apply for a permit and can only use the permit when the handicapped individual is in the vehicle.  TYPE OF PERMIT: TEMPORARY OR PERMANENT
Temporary parking permits are issued to people who have short term disabilities with expectations of full recoveries.  The parking permits will be placards to be displayed in the front windshield area.  Permanent parking permits are issued to people who have medical conditions that are not expected to improve. The most typical medical conditions that qualify for a handicap parking permit are: impaired vision, the need for walking equipment such as a cane or a wheelchair, not having the full use of arms or legs, physical conditions that make walking painful such as arthritic conditions or back or leg deformities, the need to carry a breathing device, cardiac conditions, or a recovery period following a medical procedure or surgery.  HOW TO APPLY
The applicant fills out the required form and, depending on the state, files the application electronically using a credit or debit card for any fees or mails the application with a check for any fees.  The majority of the states will require a medical professional to either fill out a portion of the application or provide a written description of the applicant’s disability.   WHERE TO APPLY
Every state has a process to determine if someone qualifies for a handicap parking permit and it is generally handled by the Department of Motor Vehicles (DMV) or the County Tax Office.  The website www.dmv.org/disabled-drivers.php  provides a state-by-state listing of where to apply, how to apply and what fees may apply.   "
Role Of The Correctional System,"The correctional system serves several functions in America. The system itself consists of various government agencies that are tasked with the responsibility of protecting the populace from dangerous individuals. This is achieved through a number of means, such as imprisonment and probation. Here are a few roles of the correctional system: The correctional system is designed to keep society at large safe by separating them from individuals who have committed crimes. This is brought about by incarcerating the convicted criminal in a jail or prison. More recently, a growing number of those who are convicted of crimes of a less serious nature are sentenced to an in house incarceration. In this form of punishment, the guilty party remains in his own home but is confined there through means of an electronic device. The guiding hallmark of the correctional system is the punishment of wrongdoers. Those who are found guilty of a crime may be subjected to a variety of punishments. These include: The function of punishment is largely a means of ensuring that the convicted individual pays some sort of price for their crime. The loss of freedom and self-determination are aimed at discouraging the individual from offending again. However, punishments also serve a secondary purpose. They are meant to deter individuals from entering a life of crime. The individual who understands the severity of the potential consequences may be dissuaded from committing a crime. Nonetheless, the knowledge that an extended prison term or death sentence may be on the line does not always keep an individual from crime.  For people who are convicted in juvenile court, the main focus of the correctional system is rehabilitation. The courts feel that these young offenders deserve a second chance to become a contributing member of society. Thus, the juvenile justice system focuses heavily on rehabilitation that is designed to redirect the young offender toward education and employment while at the same time informing them about the importance of avoiding the adult correctional system. Three Types of Rehabilitation for Offenders In recent years, there has been increasing focus on the rehabilitation of adult inmates. This movement is largely based on the high rate of repeat offenders who have been punished for similar crimes in the past. Efforts at rehabilitation may include high school completion programs, access to college education, and training for a vocation. Some inmates also receive psychological counseling and drug abuse treatment. "
How To Get Child Support Payments,"Whether a child is a biological relation to its parents or is adopted by them, he or she is entitled to monetary support.  Usually, it is the responsibility of the non-custodial parent to provide child support.  The penalties for not paying child support can be severe, so it is important to keep up with this obligation. Court Ordered Child Support Child support is often ordered by the judge in family court.  The child support order may come about as the result of a divorce or child custody hearing.  Typically, the custodial parent must file a petition for child support.  The non-custodial parent may dispute the petition, but most courts take parental responsibility very seriously.  This means that most non-custodial parents will be ordered, and therefore legally obligated, to make child support payments unless the custodial parent waives their right to such support. Enforcing a Child Support Order While the court may have made the non-custodial parent legally obligated to pay child support, many of these parents find ways to avoid the payments.  Child Support Enforcement agencies in each state can help the custodial parent to track down the parent who owes them child support.  Moreover, these agencies often employ attorneys who can represent the custodial parent in court and file the appropriate paperwork to ensure that child support payments are made. Typical Enforcement Practices The court may begin garnishing the wages of the non-custodial parent who is not making child support payments.  This even works on unemployment benefits should the non-custodial parent not be working at the time.  The parent who owes a great deal of back support payments and owns assets may find that this property, such as a home or a car, is seized to help cover the cost of child support.   Entrepreneurs or licensed professionals may be further penalized for refusing to pay.  In some cases, business or professional licenses may be revoked for non-payment of child support.  Courts are usually reluctant to take this drastic step, as the loss of a license seriously impairs the parent’s ability to earn money that could be used to pay child support. Non-custodial parents who owe child support and are due to receive a federal or state tax refund may find that the money is seized to make back payments.  Additional penalties may include the revocation of a driver’s license or refusal by the federal government to issue a passport.   "
Dealing with Defamation of Character,"Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm.   Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers.   When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. "
Criminal Penalties for Email Hacking,"Email hacking is one of the most common instances of cybercrime these days, and it is one of the most severely penalized. Depending on the circumstances of the offense, the nature of the charges in some jurisdictions and the intent of the prosecution, the unauthorized access of email accounts can be handled as a misdemeanor or a felony with additional civil liabilities. In other words, criminal penalties for email hacking can be severe. Law enforcement investigators and prosecutors these days are focusing on motivation and intent in relation to computer crimes. For example, the unauthorized access of a computer network as a prank may be considered a class B misdemeanor in Connecticut; this means that a defendant could face up to six months in jail and a $1,000 fine, which could be reduced to a term of probation. In the same state, however, a third-degree computer crime that causes more than $1,000 in damage could lead to five years in prison. In the United States federal justice system, an email hacker may face the following criminal charges: Computer fraud
Identity theft
Wire fraud
Obstruction of justice It is important to remember that certain charges that may seem ancillary to the case can actually be crucial; for example, an email hacker that tries to erase his or her tracks may have a hard time trying to disprove the obstruction of justice charge.    Penalties For Food Stamp Fraud
 In addition to facing prison time, monetary fines, and terms of probation, individuals charged with email hacking may also have to deal with civil lawsuits. In California, for example, an individual who accesses an unprotected or poorly secured email account without actually deleting or altering data may be able to reduce the charges down to invasion of privacy for the purpose of avoiding a prison sentence. This does not clear the individual from being pursued as a respondent in a civil lawsuit filed by the owner of the account or network hacked. Computer crimes and unauthorized use of networks may prompt a plaintiff to ask for relief from actual damages, court costs, and attorney’s fees. If the court finds that the respondent acted maliciously, the amount of the monetary award to the plaintiff could be tripled. "
How To Download Movies Legally,"When it comes to downloading movies from the Internet, most users think that they are limited to monthly subscriptions from video streaming services, using a peer-to-peer (P2P) file sharing client or clicking on dubious links that promise unlimited downloads of feature films without having to pay anything. The problem with the last two options is that they are more than likely illegal and often fraught with peril for the average Internet user.  P2P clients such as Ares, uTorrent and Popcorn Time can be used to share just about any kind of digital files, but the most commonly transferred files happen to be popular films. In most cases, the copyright holders of the films have not given permission to share digital versions of their works, and thus transferring these movies over P2P networks is illegal. In the case of banner ads or links that promise free access to an online catalog of feature films available for direct download, many Internet users have been surprised with spam or malware being unwittingly installed in their desktop or portable computers.  How to Find Legal Movie Downloads It is estimated that a small portion of movies shared on P2P networks are on the public domain, which means that they can be legally downloaded. A handful of elements determine if a movie is in the public domain and therefore common property. A film’s copyright will expire after 75 years; if not extended, it enters the public domain. In other situations, the copyright holder may decide to make his or her film freely available for digital distribution, which means that it can be downloaded for free, but not necessarily shared with a third party. Various websites are now dedicated to cataloging public domain films that can be downloaded via P2P clients. These websites can be found through Internet search.  Streaming Video Services In the 21st century, streaming services such as Hulu and Netflix have gained popularity due to their extensive digital movie catalogs and premium television series such as Mad Men and The Sopranos. Competing services include Crackle, Amazon, Apple TV, Viewster, and others. These are all legal options for viewing online video content. Most streaming video services charge a very reasonable subscription fee, and they may impose certain restrictions such as viewing limits and geographical locations. Hulu is notable for restricting a good portion of its content to viewers in the United States, and even American users are subjected to tons of advertising unless they agree to pay a subscription fee. "
How To Calculate BAC,"Scenario:  A driver has had a few beers or even just a couple of glasses of wine over dinner with friends.  While driving elsewhere, even on the way home, for whatever reason, bright colored lights, a “wooo, wooo” of a siren, and the driver realizes that it is a police cruiser behind that is doing this.  The police officer obviously wants the driver to pull it over and stop.  Something occurred, just not sure what.  The driver does so and shuts off the car. The police officer approaches the driver’s window, which is down because the driver knows that the police officer wants to have some type of conversation with the driver.  The police officer proceeds to tell the driver that the reason for pulling the driver over is that the car appeared to be weaving or the driver changed lanes without signaling or took a corner without signaling or whatever.  The police officer asks the driver if the driver has been drinking.  The driver says two half-glasses of wine were consumed with dinner and friends about two hours ago.  The officer asks the driver to step out of the vehicle and to do certain sobriety tests.  The officer then informs the driver that he or she is under arrest for driving while under the influence of alcohol.  The police officer handcuffs the driver, puts the driver in the back of the cruiser and it is off to the station. At the station the driver is search and told that a breathalyzer test is required.  The driver refuses.  Oops!  Wrong answer.  The driver is released under recognizance and told that a court appearance notification will be coming in the mail.  The driver is also told that the driver’s car is being impounded as the driver cannot drive the car further.  Startled, the driver asks the police officer why this is.  The officer informs the driver that because of the driver’s refusal to take the breathalyzer, the driver’s license is now automatically suspended for one year.  Now taken very aback, the driver asks somewhat irritably what the chaos is going on.  The officer, being a calm informative servant of the community, informs the driver that when the driver obtained a license and or renewal that one of the statements on the form was that by signing the application or renewal form the driver assents to taking a chemical blood alcohol test if the driver is ever stopped for suspicion of driving while under the influence of alcohol or drugs.  Dumbfounded, the driver is now left to find a ride home, to get a lawyer, and to ponder how in chaos these events just unfolded. Every state in the United States now has a law that is called the “implied consent” law.  As the officer so ably described the situation above, each state now makes it mandatory to accept the implied consent condition or abstain from being licensed to drive.  While is seems like an encroachment on individual liberties, each individual does have the right to agree or to disagree.  The cost of signing and agreeing to the implied consent is to not drink before driving.  It does not matter now how long ago one had alcohol.  If the chaotic breathalyzer registers “guilty”, thou art guilty. "
How Does Libel Differ From Slander?,"Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm.   Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers.   When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. "
How To Write A Release To Allow Someone Else To Authorize Medical Care For Your Child,"It’s an uncertain world, and parents can’t be with their children constantly. As only a parent or legal guardian can make medical decisions for children, it may be necessary to create a release that allows another adult to make medical decisions in the absence of the parent. Doing so ensures that a minor can always get the medical attention they require. Fortunately, creating a release is simple. Once you’ve created a template, you can leave one with your child’s school, daycare, camp, or any other authorized caregivers. Be sure to update it periodically if information changes. Sample medical release forms can be found online. These can make the task quick and efficient, as you only have to fill out the pertinent information. However, since there is not a single acceptable format for medical releases you do not have to use a form. A simple statement that includes the relevant information is sufficient.  Being the release by stating the names of the parents and the name and address of the individual who is authorized to obtain medical care for the child. For example, the statement may begin with, “We, John Doe and Jane Doe, hereby grant Mary Doe of 1234 Main Street, Anytown, OR 97205, the authority to obtain medical treatment for the following child or children.” What follows are the names and birthdates of any children covered by the release. Then the release stipulates the type of decisions and actions the recipient of the release is authorized to take. This statement doesn’t have to be particularly detailed. Simply noting that the recipient has authority to make decisions in a medical emergency is enough. If your child takes any medications, and you want to authorize the recipient of the release to administer those substances, you may also make note of this. Include: If your child has any specific medical concerns, it may be wise to mention them in the release. For instance, disclosing that your child has a peanut allergy can be immensely helpful. How to Give Temporary Guardianship of Your Child The release needs to be signed. Although it is not technically required, it may make sense to do this before a notary. Some hospitals may not honor a release that does not have notarized signatures. "
Penalties For Food Stamp Fraud,"Food stamp vouchers are an excellent option for families who are having a difficult time making ends meet. The vouchers are provided by the Supplemental Nutrition Assistance Program (SNAP) and are used in exchange for food at grocery stores and other participating retailers. Country-wide programs are put in place by the Food and Nutrition Service to ensure that local organizations and State agencies are equipped to help those in their community who are in need. SNAP benefits are housed on an electronic benefits transer (EBT) card, which functions the same way a debit card would. The amount of food stamps given depends upon the family’s situation. A household with more dependents and less income is generally entitled to a larger food stamp allowance. And as helpful as the SNAP program may be, it is taken advantage of in more ways than one. Below, we’ll take an in-depth look at these transgressions – the different types, how it is handled, and the penalties of food stamp fraud. What is food stamp fraud? When someone intentionally provides misleading information about the size of their household or the amount of their income on an application for food stamps, they may be guilty of food stamp fraud. And while this is the most common form of food stamp fraud, there are other examples that happen more often than you’d think. SNAP fraud can also take place through: While food stamp fraud does happen, it is getting harder and harder to get away with it. Tracking fraud and preventing it is a high priority for the government, and they are able to monitor fradulent activity through undercover investigations, regular audits, and retailer/buyer data. With technological advances, it is easier for the USDA to track suspicious behavior and catch those who commit food stamp fraud. But what are the penalties? The government agency responsible for the dispensation of food stamps may conduct an investigation if they receive information or suspect that someone is committing food stamp fraud. The investigation may include visits to the home of the family who is receiving assistance. It may also involve interviews with family and neighbors who can attest to the size of the household and any income sources. If the agency believes that food stamp fraud has been committed, then they have several steps available to them. The first of these is a disqualification hearing. During the hearing, the agency must prove that the individual intended to commit fraud. If they are successful at doing so, the person who wrongfully received food stamp assistance may become ineligible for such help for a specified period of time. Moreover, they may be required to repay any amounts received in excess of their rightful entitlement. It is also possible for the agency to pursue criminal charges at the misdemeanor or felony level. The ability to file criminal charges, and the penalties enforced, vary considerably between counties and states. Nonetheless, individuals who commit food stamp fraud may find themselves facing up to one year in jail and a substantial fine. For subsequent offenses, or for food stamp fraud involving larger dollar amounts, the accused may be facing up to five years in prison, several years of probation or an even bigger fine. The individual who would rather avoid both a hearing and a possible criminal charge may elect to waive the disqualification hearing. By doing so, the person is giving up benefits for a predetermined time period, and may also be required to pay back the overage they received. In these situations, it is typically best not to admit any wrongdoing, as this may leave the individual open for criminal prosecution. The advice of an attorney may be helpful when it comes to deciding which approach to take. If you are being charged of food stamp fraud, it is best to seek help from an experience fraud defense attorney. If you believe that someone is misusing their SNAP benefits or cheating the system as a retailer, there are options to report the crime. To report food stamp fraud (SNAP fraud), all you have to do is reach out to the USDA Food and Nutrition Service. You can file a complaint over the phone, through written mail, or with an online submission. For more direction, here’s a look at our guide on reporting food stamp fraud. If you are planning to apply for food stamps, or know of someone who here, check out the details of the SNAP application process. "
Qualifications To Become A Supreme Court Justice,"While the Constitution stipulates qualifications for being President of the United States, it is silent as to qualifications for Supreme Court justices. Nonetheless, several preferred qualifications to become a Supreme Court Justice have emerged over the long history of the court. When there is a vacancy on the court, it is the job of the President to nominate a suitable candidate. The Senate must vote to confirm the candidate. If a simple majority approves the choice, then there is a new Supreme Court Justice. However, confirmation is never a foregone conclusion. When the Senate does not vote in favor of a candidate, the President must supply another nominee. The Constitution does not say that a Justice must be American born, a certain age, or hold any particular profession before being selected. However, most Justices tend to begin their tenure while in their 40s or 50s and may remain with the court as long as they wish or until they are impeached for improper behavior. Most Supreme Court nominees are personal acquaintances of the sitting President. An overwhelming majority of them attended law school and worked as a lawyer or served as a judge prior to their nomination. In fact, in the long history of the court, most of the Justices held some kind of public office before being confirmed. Looking at the court’s history also reveals that where each Justice was educated is important. Most of the Justices, both past and present, attended either Harvard or Yale Law School. Many of the others were educated at Columbia, Northwestern, or another top tier law school.  The court’s highest Justice, the Chief Justice, also is not required to have any specific qualifications. In fact, the Chief Justice isn’t even required to have served as an Associate Justice. For this position as well, an individual is nominated by the President when the Chief Justice’s seat becomes vacant. The Senate must confirm the President’s choice. It is only in more recent decades that candidates other than white, Protestant males were nominated for positions on the Supreme Court. The first African American Justice, Thurgood Marshall, began serving in 1967. The first female to serve was Justice Sandra Day O’Connor in 1981. It was not until the 21st century that a Latina, Justice Sonia Sotomayor, was selected for the Supreme Court. To learn more about the selection process, here’s a bit more detail on how a new Justice is chosen. "
How Long Can A Canadian Citizen Stay In The United States Without A Visa?,"Canada and the United States have long enjoyed a prosperous relationship as neighbors.  The citizens of both countries may cross the border with relative ease.  In most cases, a valid U.S. or Canadian passport is sufficient documentation to allow for crossing the border.  In other instances, such as when a Canadian citizen is hoping to immigrate to the U.S., a Visa is required.  Nonetheless, Canadians can stay in the U.S. for an extended period of time without a Visa. How Long Can a Canadian Citizen Stay in the U.S. With Just a Passport? A Canadian citizen may visit the U.S. for up to six months within a 12 month period without a Visa.  This means that the Canadian may enter the U.S. for business or pleasure for a total of six months without needing any documentation other than a passport.  However, they must leave at the end of the six months, and may not return until an additional six months have elapsed.  If it looks like the Canadian citizen is spending much more time in the U.S. than in their homeland, American Customs and Border Patrol agents may grow suspicious that they are trying to emigrate. The Burden Is on the Canadian Citizen Canadian citizens must disclose the purpose of their visit to Customs and Border Patrol personnel as they cross the border.  Canadians staying in the U.S. may make a request to change or extend their stay before the expiration of their already approved visit.  If the visitor has decided that they will live, work or study in the U.S. on a more permanent basis, they must disclose this when they initially cross the border.  Moreover, should the U.S. Customs and Border officer feel that the Canadian citizen is spending an inordinate amount of time in America, they may request proof that the Canadian is not a de-facto American citizen.  This can be done through the demonstration of permanent ties to Canada.  If a Canadian crossing over the border is concerned about getting a suspicious border agent, it may be helpful to have documents proving ongoing Canadian citizenship.  A recent paystub, copies of utility bills, a tax return document or documents proving an intended date to return to Canada are all useful.  These documents may not be necessary, but bringing them along can help the traveler to prove their intentions on the spot and can smooth the entry process. "
What Is Civil Court?,"Most courts in the United States are either civil or criminal.  In criminal courts, people who have been accused of breaking a law are tried.  Civil courts are where a plaintiff may sue a defendant.  The manner in which a civil matter is tried, and the punishments that may result, is quite different from what happens in a criminal court. Types of Civil Cases In a civil suit, a plaintiff sues an individual or entity that they believe has harmed them.  This could be a matter in family court like a divorce or custody hearing.  It may also be an eviction or a matter where one person sues another because of injuries sustained in a car accident.  Bankruptcy cases and lawsuits against debtors are also heard in civil court.  Groups or individuals who believe that their civil rights have been violated may also sue in civil court. How Is a Civil Case Won? Most people are familiar with the term, “beyond a reasonable doubt.”  However, that is a criminal court concept.  Civil courts are concerned with a “preponderance of the evidence.”  Essentially, it is up to each of the plaintiff and the defendant to prove that they have the stronger case through the presentation of evidence.  Just because the plaintiff brings the suit does not guarantee victory.  Decisions in civil court are made based solely on the evidence. Possible Civil Court Outcomes Unlike in criminal court where a guilty verdict likely means going to jail, the outcomes of civil matters are quite different.  In civil lawsuits, the plaintiff asks for a form of relief, which may be either monetary or equitable. Monetary relief is asked for when a cash award can repair the damage suffered by the plaintiff.  Monetary relief may include back pay for an employee who was wrongfully terminated.  Another form of monetary relief is called compensatory damages.  This is money paid to address non-economic harm like a damaged reputation or emotional distress.  Punitive damages, designed to punish the defendant, may also be ordered.  In many cases, the plaintiff may also ask that the defendant pay their attorney’s fees. Equitable relief concerns asking the other party to either perform an act or to refrain from performing an act.  Being granted equitable relief may mean that the other party must abide by the terms of a contract.  Usually, equitable relief is granted only when monetary relief is inadequate compensation.  "
Duties And Responsibilities Of A Mayor,"The duties and responsibilities of a mayor can vary significantly depending upon the city that elects them. In some cities, the mayor primarily has a ceremonial role while in others he is responsible for myriad administrative, legislative, and operational tasks. Regardless, the office of the mayor is frequently a coveted one, and many people are anxious to fulfill these duties in their community. This type of mayor is often found in cities where the government is structured as a council-manager system or as a council-weak mayor system. This governing style is often found in smaller towns and cities. With this power structure the council, which is essentially a panel of citizens who are responsible for most administrative and operational procedures, wields the most influence. The mayor is typically a member of the panel who has been elected to oversee the panel’s activities. They may also serve as a figurehead for the community, making appearances at special events and welcoming visiting dignitaries. The ceremonial mayor does not have the power to veto decisions made by the council and generally does not set up offices of his own to handle administrative tasks.  In the council-strong mayor power structure, the city’s management system is quite different. This government functions much like a state or federal government entity in which an elected leader wields considerable legislative power. The mayor in this type of power structure may be responsible for making and implementing laws, and usually has the power to veto laws that are voted on by the council. Mayors who have legislative authority serve as the head for various departments within the city. This may include departments like: The mayor has the power to make hiring and firing decisions. They may also be responsible for creating special departments geared toward addressing specific issues their city may be facing. For instance, a mayor might set up a gang task force or a department designed to combat the proliferation of meth production facilities. This mayoral role comes with a great deal of responsibility. Examining the President’s Legal Responsibilities Mayors are frequently responsible for their city’s budget. This involves deciding how funds will be allocated in the coming fiscal year. Mayors also serve as public relations contact and may have to interact with the media often. "
Legal Definition Of Tolling Agreement,"The Tolling Agreement might be mistaken for a highway toll bridge where money is collected. But it also has another definition with regards to rights and contract law. Here is the legal definition of the Tolling Agreement. “Asserting Rights after Statute of Limitations” The Statute of Limitations (also Statute of Repose or Nonclaim Statute) allows for the court system to proceed in an orderly fashion. Collecting evidence, deposing witnesses and filing claims would be quite difficult if there were no time restraints on lawsuits. The Statute of Limitations sets a fixed time period for completing certain matters. While the statute of limitations may be good in most cases, it may be wise to suspend the rules due to some unforeseen event. A contract can be written with something called a Tolling Agreement, which allows for pausing, delaying or suspending the time period that will automatically kick in. This provision extends rights past the normal statute of limitations time period. Parties who have agreed to tolling, waive any defense. At times, an action cannot be adequately completed in due time; tolling allows parties and authorities more time to assess and determine the legitimacy and viability of claims. Common circumstances where tolling may be involved include underage juvenile status, insanity, bankruptcy, natural disaster or good-faith negotiations. In each of these cases, a “special condition” exists that could lead to a sensible extension of right beyond the time frame limits. Liability insurance and other agreements may be invalidated by tolling agreements. “Sports Use Tolling Agreements” Another place where tolling agreements are used quite often are sports. Most modern professional sports – basketball, baseball, football, hockey and soccer – have collective bargaining agreements, which carefully stipulate the rights of both players and owners based on strict fixed time frames. In college, when an athlete transfers or is injured, he can apply for another year of eligibility. This is a form of tolling. Another example is a minor league deal for baseball or hockey. Young athletes want a chance to make the major league team. Many contracts have time frames where the major league must make a decision after a certain period of time. If not, the athlete wants to try out with another team. A Tolling Agreement may suspend this time period due to injury. "
How Does A House Arrest Ankle Bracelet Work?,"Socialite and reality television star Paris Hilton is no stranger to making scandalous news headlines, but she truly outdid herself in 2007. While serving a term of probation for driving under the influence in California, Hilton was ordered to serve 45 days in a detention facility for a number of violations of her supervised release. After spending just a few days in jail, prison officials feared Hilton would suffer a major nervous breakdown, and so they transferred her to home confinement and monitored her with an electronic ankle bracelet. So, how does a house arrest ankle bracelet work? In several jurisdictions within the United States, electronic ankle bracelets are used in lieu of keeping defendants in custody. Prison overcrowding and inmate warehousing are major concerns in the criminal justice system, and the cost of keeping defendants in jail is a burden on taxpayers. House arrest and home confinement are part of community corrections, a strategy that can help prevent the growth of the prison industrial complex. Keeping defendants in jail before trial is also a costly and risky endeavor.  Finding Out If A Person Has An Arrest Warrant Electronic ankle bracelets are often used for community corrections efforts. The type of bracelet that Paris Hilton wore is used in conjunction with a radio frequency base unit that is connected to a traditional telephone line. The reports sent over the phone by the base unit are usually monitored by a third-party contractor, although some law enforcement agencies take care of this function in some jurisdictions. The ankle monitor cannot be removed and is a: It will alert the base unit if it is tampered with, and the maximum range of this system is usually 3,000 ft within the radius of the base unit. Should the defendant move out of range, the base unit will emit a loud alarm and the monitoring agency will be notified immediately. Defendants on home confinement may be allowed to work or go to school while wearing the device; to this end, the monitoring agency is notified of the job or class schedule so that the defendant is not mistakenly labeled as a fugitive. The other type of ankle bracelet uses Global Positioning System (GPS) technology and requires a mobile phone to be carried by the defendant in some cases. Some GPS ankle monitors incorporate the mobile phone into the device. In recent years, GPS ankle bracelets have been used to enforce restraining orders. "
How Long Do Breathalyzers Detect Alcohol?,"Imagine: you’re out with friends, and you have a drink or two. It’s nothing out of the normal, but as the evening winds down, you get ready to hop in your car and go home. You put the keys in the ignition and realize you are still a little buzzed. Anxious thoughts start to cloud your mind, and you wonder if you should make the drive home or find another means of transportation. You know you should never drive impaired, but if you had just one or two drinks, would alcohol show up on a breathalyzer test? The answer is different for everyone. If you’ve ever had alcohol in your life, you’ve probably experienced a similar situation. After drinking any amount of alcohol, it’s always best to play it safe and not get behind the wheel while still intoxicated. So, how do you know when it’s okay to drive? In this article, we’ll answer the question: how long do breathalyzers detect alcohol? Breathalyzers are devices used to gauge what a person’s blood alcohol content is. The device takes a reading after a person exhales into it. Breathalyzers are most often used in the following situations: The breathalyzer is the easiest on-site method. If you are at a police station for a driving offense, urine or blood samples may be requested of you. The two primary types of breathalyzer technology used in hand-held devices are 1) electrochemical fuel cell or 2) semiconductor oxide sensors. Both measure the rate of oxidizing alcohol. The infrared spectrophotometer breathalyzer equipment is larger and located in police stations. Some breathalyzers are faulty and will give you inaccurate readings due to body temperature, acid reflux or a bloody mouth. Natural compounds, like “ketones,” can be mistaken for alcohol in the bloodstream also. Alcohol is either digested and metabolized by the body or excreted in sweat, urine, or breath. On an empty stomach, the average man absorbs 20% of the alcohol straight into his bloodstream. Men and women vary in terms of how fast their bodies metabolize or process alcohol. Weight, height, age, and race are all factors for the drinker. The amount of food in your stomach is also a variable. Finally, the type of alcohol (wine, beer, or liquor), rate of consumption, and the number of drinks consumed will determine how fast your body burns through alcohol. Experts estimate that the average man will break down alcohol at a rate of 0.015 BAC per hour. Thus, if your BAC is 0.030, it would take two hours to have all the alcohol leave your system. For example, let’s say two people drink the exact same amount of alcohol in the same amount of time. Person 1 is a woman who is five feet tall and 100 pounds, while Person 2 is a male who is 6’3″ and 200 pounds. Because of their size, Person 1 would have a much higher blood alcohol content for a longer amount of time.  According to the Cleveland Clinic, you can determine your blood alcohol content with just a few pieces of information. You need the number of ounces of the beverage you consumed, the alcohol percentage in the beverage, your weight, and the number of hours you have been drinking. Then, you can plug that information into the clinic’s calculator to get an accurate answer. The more you drink in a shorter amount of time, the higher your blood alcohol content will be. The courts remind you that drinking and driving is not illegal, “impaired driving” is illegal. But most states have made the BAC so low that this is a distinction without a difference. Usually, a police officer will take an “impaired driver” to the police station to prevent him from driving, book him and get a more reliable blood test. Time is the only answer to lowering your blood alcohol content. If you have ever been drunk, you probably know from personal experience that sleeping, drinking water and coffee, and eating will make you feel better. You might even feel more alert, but none of those things will actually lower your blood alchol content. You end up being a full, caffienated drunk person, but nonetheless – you’re still just as intoxicated. Overtime, your bloodstream will start to clear out the alcohol, and you will sober up. To learn more about this subject. here’s a more in-depth look at How to Calculate Blood Alcohol Content. "
How to Keep Your Tax Refund in a Chapter 13 Bankruptcy,"In the United States, individuals who come under financial strain and become insolvent have two options for discharging their debts: Chapter 7 and Chapter 13 bankruptcy filings. Under the former bankruptcy type, debtors convert their liquid assets into cash and conform to a plan to pay off as much as their debts as possible; the latter filing allows debtors to hold on to certain assets such as vehicles while they attempt to settle with creditors. Both Chapter 7 and Chapter 13 bankruptcy filings provide some relief, but not all debtors qualify for the former. Individuals who earn more than the median income in their state of residence are not able to file for Chapter 7. Tax Refunds Under Chapter 13 One of the provisions of Chapter 13 bankruptcies is that debtors are expected to use their disposable income to settle their debts in accordance to the court-ordered repayment plan. Since tax refunds are considered disposable income, the bankruptcy trustee will demand the full amount of tax refunds to be turned over so that they can be distributed among creditors; however, debtors can petition to make modifications to their Chapter 13 plans for the purpose of holding on to a greater portion of their money. Any money that debtors in Chapter 13 earn beyond what they need for food, clothing, shelter, transportation, and other basic living expenses must be turned over to the bankruptcy trustee. Debtors who wish to retain their tax refunds as they work their way out of Chapter 13 are better off petitioning the court in advance of their repayment plan being approved. Otherwise, they would have to file for a modification to excuse their refund.  Bankruptcy trustees and judges are more likely to approve a Chapter 13 repayment plan modification that calls for a one-time, immediate excuse than for several. There must be at least one good reason to justify retaining some or all of the tax refund; for example, a death in the family, sudden job loss, urgent car repairs, unexpected medical expenses, etc. If, however, the debtor sees a long-term or permanent reduction of income, this could justify a request to excuse all future tax refunds until the employment situation improves. "
How To Get An Autopsy Report,"When someone dies due to mysterious circumstances, an autopsy report may be conducted to determine the “cause of death.” If you are a close family member, you might be interested in receiving this report for genealogy purposes. Here is how to get an autopsy report. An autopsy (also referred to as necropsy or post-mortem examination) is a surgical procedure aiming to find the cause of death. This can be for a legal purpose or for the general advancement of medical science. An autopsy can either be external or internal; internal autopsies require the permission of the next-of-kin. If the death was expected or due to an obvious cause, an autopsy is usually not performed. Most of these post-mortem examinations are made because the death was sudden and unexpected. A family member, police official, or a grand jury may authorize the autopsy. A forensic autopsy allows for five causes (or classifications) on the death certificate: The majority of states require the county or state medical examiner to complete an autopsy report along with video-taping the examinations.  How To Obtain a Death Certificate The autopsy report is considered to be a confidential health record. If you are a close family member to the deceased, you might be able to get your own copy of the autopsy report for your genealogy records. Each state has its own rules with either the county or state government being in control of the autopsy report. If you want an autopsy report, note the county where the individual lived and died. You can start by looking up the county or state medical examiner’s office on the Internet. Write down its physical and mailing address. Usually, you can download the form from the government website. You must write a formal request for the autopsy report. List the name of the deceased, county of death, your relationship, and your mailing address. Notarize the document. You might want to include a phone number or email address where you can be contacted. There might be a fee also. If you are denied the autopsy report, you can always contact a lawyer. Your attorney will need to demonstrate why you should be given access to this confidential record. "
How to Report Section 8 Fraud,"In early June 2014, probation officers in the Poconos region of Pennsylvania came across records of two individuals under their supervision and noticed that they shared the same residential address. Under certain terms of probation and supervised release from prison, many individuals are not allowed to associate or live with others who have been convicted of certain offenses. A closer look revealed that the home was funded by the Housing Choice Voucher Program, which is more commonly known as Section 8. The investigation by the Pennsylvania probation officers revealed two major Section 8 violations: A convicted felon residing in a home benefited by housing vouchers, plus an adult earning a full-time salary without reporting it to housing officials. The probation officers reported the situation to prosecutors, who charged a woman with Section 8 violations and theft by deception. Understanding Section 8 The United States Department of Housing and Urban Development (HUD) provides Section 8 assistance as a major program designed to help disadvantaged populations in terms of housing. Section 8 vouchers are essentially cash payments that households can use to pay rent and utilities. Unfortunately, this federal subsidy is often a target of fraud, waste and abuse. In the Poconos case mentioned above, the woman charged with the fraudulent acts was receiving close to $14,000 per year in government assistance. Types of Section 8 Fraud Unscrupulous people can defraud the Section 8 program in various ways. One of the most common violations consists of deceptively underreporting income earned. Another violation is to rent a room in the Section 8 home or allow unauthorized people to live in the residence. Reporting Fraudulent Section 8 Violations Since Section 8 programs are handled at the community level, the best way to report compliance issues and suspicious activity is to contact the local housing authority. Each agency has an internal unit dedicated to receiving reports and investigating alleged violations. Those who report Section 8 fraud can request anonymity. Specific reporting methods range from online forms to telephone calls and personal visits. All investigators ask to be provided with as much information as possible, including identifying information of the suspected perpetrators, photographs, copies of documents, and the alleged scheme. Writing down a detailed explanation that answers questions such as who, what, where, and why are often recommended. Staying anonymous may prevent the ability to follow up on the status of the investigation. "
How Do I Locate My Property Lines?,"Property lines are important for determining what belongs to you and what belongs to your neighbor. Home owner liability can be a challenge with regard to things like trees that may have branches overlapping two properties. How do I locate my property lines? “Getting Blueprint of Your Home” Before you plant a tree, build a fence or extend your house, you need to know where the boundary line is between your property and the next. Most people “assume” that a fence may mark the correct property line. This might not be true. Serious legal problems could result if you placed something on your neighbor’s property. The first step for finding your property lines is to look at the ground of your property. As many neighborhoods were being developed, the construction crew would place a wooden post or cement block to mark the borders of each subdivision. You might want to make a quick drawing of your property noting landmarks. Second, look for your property deed or surveyor map. You should be able to get these at the local government office. “Local City or County Property Office” If you do not have your property deed, then you should go down to your local city assessor’s office or county recorder’s office to get a copy. You might even be able to view it online. On the property deed, there will be a section called “Legal Description.” This will consist of the surveyor coordinates establishing your property lines. “Hire Surveyor or DIY” The modern surveyor uses laser equipment to site fixed points and landmarks. The surveyor’s map is also called the “plat.” While you can survey your property yourself, only a professional surveyor can modify official property lines. There are two primary methods for conducting a survey: “Metes and Bounds” or “Public Land Survey System.” Metes uses direction (or bearing) and distance (or length) to determine the property lines, like an array. The traditional process uses landmarks to determine boundary lines, like a tree or a post. The Public Land Survey System was set up to create a square grid of the United States with each section consisting of 640 acres. A sample Legal Description of your property might be the following: “NW 1/4 of section 22.” Another great resource is the United States Geological Survey collection of maps. Or if you have GPS, you can double-check these other measurements. "
How To Divorce Your Parents,"Sometimes children are more responsible than their parents. It is a sad fact of life. Here is how to divorce your parents. We all have difficulties and disagreements with our parents. When you are angry over something your parents did, you need some objective perspective. Is this normal? Do they care about me? Or are their actions toxic, abusive or harmful? You might want to disengage, disassociate or detach yourself from them, but they are your parents. They have legal authority and control over you. You want them to respect your boundaries. Even though you want to leave, you can’t just run away because your parents have legal authority over you. The wisest path is legal emancipation. For most states, the legal age of emancipation is 18. Parents have the legal authority, duty, responsibility and physical custody over children until that “age of majority.” Children are not supposed to sign contracts, drink or do any other “adult” activities. But sometimes, parents can be neglectful, harmful, or abusive to their children. Drunken or drug-addicted parents might get arrested and need their children to bail them out of jail. Or worse yet, the parents might steal their son’s or daughter’s money.   Child labor laws still apply whether you live at home or are legally emancipated. You must work to be able to pay for your: You still cannot vote or drink alcohol. You must show “signs of maturity” to qualify for legal emancipation. Check out the local courthouse for “emancipation forms.” You will need to pay a fee and might need to hire a lawyer. The courts will ask you “Why do you want emancipation?” The primary legal reasons are the following: neglect, abuse, pregnancy, marriage, military, or assuming adult responsibilities. You will need to prove your case. The court will probably ask you – “How will you pay for your expenses.” Fill out your papers, file them, and wait for your hearing date. At the hearing, your parents have the right to “contest” your request. Both sides will be able to make their arguments. Even if granted, a court reserves the right to rescind its grant of child emancipation. Most of the children who succeed with legal emancipation lawsuits tend to be child actors. "
How To Report Cell Phone Spam,"For mobile phone users, Spam is defined as receiving any unwanted or unsolicited text messages.  Two federal laws have been enacted that prohibit the sending of spam.  The first legislation was the Telephone Consumer Protection Act (TCPA) signed in 1991 and revised in October 2013 to include cell phone text messages.  The second law, enacted in 2003, was created to directly ban unwanted commercial messages, also referred to as spam, from targeting cell phones and was named the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM).  Both Acts make the sending of spam text messages illegal and subject to financial penalties. Even with the federal laws in place and when cell phone users take measures to prevent the receipt of unwanted text messages, such as registering their cell phone numbers with the Federal Trade Commission’s National Do-Not-Call list, some spam texts continue to arrive.  In addition to being a nuisance, spam text messages can be costly to cell phone owners if they have limited text messaging plans.  There are two simple and convenient options available for reporting cell phone spam; one is with the federal government and the other is with the cell phone service provider. <strong>Federal Government</strong>  The Federal Communications Commission’s (FCC) complaint process, http://www.fcc.gov/complaints, offers menu style options for a full array of wireless telephone situations.  Unless someone is interested in reading all of the various scenarios that can be reported; the form needed to report cell phone spam is the FCC Form 1088G, titled Call or Message to Wireless device (Cell Phone or Pager) Complaint.  The form is located at http://transition.fcc.gov/cgb/consumerfacts/1088G-R.pdf and can be filed online or faxed to 1-866-418-0232. Individuals can register a complaint with the FCC by calling the Customer Center at 1-888-225-5322 for voice communications or 1-888-835-5322 for those with hearing problems.  A complaint can also be registered in writing and mailed to:  Federal Communications Commission, Consumer and Governmental Affairs Bureau, Consumer Inquiries and Complaints Division, 445 12th Street SW, Washington DC 20554. <strong>Cell Phone Mobile Providers</strong> Most major cell phone providers have created systems that enable their customers to report spam messages by forward texting the spam to 7726.  This allows the mobile provider to effectively block any future messages from a specific sender.  This process needs to be handled separately for each spam sender, but it provides the mobile provide with documentation from a sufficient number of customers that can be used to bar the sender from future spam texting.  "
How To Get Off Probation Early,"Many people are sentenced to serve a term of probation either after serving time in jail or instead of serving jail time.  Although the laws that govern probation vary between jurisdictions, it is possible to draw some general conclusions about how to get off probation early. Get Informed Perhaps the most important factor when it comes to getting off probation early is knowing the law in your jurisdiction.  It should be easy enough to look up the pertinent laws online.  Alternatively, get in touch with your lawyer who can probably offer plenty of advice about methods for ending probation early.   Early Termination of Probation Not every jurisdiction allows the probation period to end early.  In some places, being sentenced to six months of probation means that every minute of that time must be served.  Other places are more lenient.  To qualify for early termination, several qualifications usually have to be met.  Most courts do not grant defendants with the “right” to have their probation term ended early.  Instead the defendant must have good reasons for needing to end probation early and has to comply with a number of stipulations. Typical Requirements for Early Termination Many jurisdictions that allow early termination require that the defendant serve at least a certain portion, such as half or one-third, of their probation before being eligible.  The defendant should also be on track as far as paying any fines or fees that are due in connection with their case.  If the defendant is required to attend classes or counseling, they should have completed this program or be on track to complete it before their probation is terminated.  It is important that the defendant has complied with every condition of their probation.  Crucially, some jurisdictions simply don’t allow for early termination of probation for certain crimes.  The defendant who has committed one of these crimes will never be eligible to end probation early. The Court Hearing Usually the defendant must request a court hearing in order to be granted early termination of probation.  Some jurisdictions require that the defendant prove that probation is preventing him from finding or maintaining employment or is restricting some other necessary type of activity.  The results of an early termination hearing are very much in the hands of the presiding judge.  Accordingly, it’s important to prepare carefully with the assistance of a lawyer who can argue in favor of early termination. "
How To Transfer A House Deed To A Family Member,"Transferring a house deed to a family member is a major lifestyle altering decision. Once completed, the person transferring the property, the grantor, has given up any rights to the family member, the grantee. There are a number of ways for the grantor to transfer his house deed to a family member or members. The three most popular methods of transfer are called: This process may require the services of an attorney and it will protect the grantee or grantees from any property issues or claims that the grantor had while in possession of the house. This type of transfer ensures that all of the grantor’s property rights are being transferred to the grantee or grantees. This process will legally ensure both the grantor and the grantee(s) from any past actions or future actions against the property.  How to Transfer a Car Title When The Owner Is Deceased The transfer process is the easiest method of transferring a house deed, but it only transfers the grantor’s property interest and does not protect the grantee(s) from any legal claims against the property. Before the grantor transfers a house deed to a family member, there are potential federal and state tax situations to consider. Depending on the value of the property, either or both the grantor and the grantee may have to pay gift taxes or capital gains taxes. Tax laws are always being revised, therefore, to ensure that both parties are aware of which transfer method is most advantageous, it is advisable to seek the advice of an estate lawyer and a financial professional. An estate attorney will be able to explain any property transfer laws that may enable the grantor to transfer a house deed to the certain grantee(s) tax-free. All forms of house deed transfers require a newly written deed that includes, at a minimum, a description of the property being transferred and the name and date of birth of each grantee. The forms must be signed in front of a notary public and notarized. The grantor, or an attorney, must deliver the new deed to the named grantee(s). The grantee(s) must agree to accept the transfer and the ownership responsibilities for the property. To finalize a house deed transfer, the grantee(s) must record the document with the local registry of deeds titling office. "
How To File A Lawsuit In Federal Court,"In the United States common law system, most cases involving civil complaints between individuals or business entities can be argued in county or circuit courts at the state level. Quite a few cases, however, end up before a federal district court. Choosing where to file a lawsuit is a matter of jurisdiction, which means that certain facts surrounding the case and characteristics of the parties involved must be considered prior to filing. The types of civil actions heard by federal courts are pretty diverse. Many of the cases are “claims against the system,” which means that complaints are filed against government agencies or officials who have allegedly violated one or more federal laws. For example, a woman entering the U.S. at the border crossing point in Canada may file a complaint against Customs officers who damaged her car during an inspection. It is important to remember that many federal laws have statutory equivalents through the doctrine of uniform laws. Federal courts have limited jurisdiction; the only cases they review exclusively are matters related to copyright, patents and federal taxes. Civil complaints must either relate to a federal question of law or involve plaintiffs and defendants residing in different states who will argue over claims exceeding $75,000. To this effect, it is better to ask an attorney about whether a civil case should be filed in federal district court. Filing a Federal Lawsuit Once the venue has been selected, the initial filing will require four documents: 1 – The complaint with the names and addresses of the parties, the jurisdiction, allegations, and desired relief.
2 – Civil cover sheet.
3 – Civil category sheet.
4 – Summons. The filing fee for federal lawsuits is $400. The court may waive this fee if the correct request form is attached along with the initial filing packet.  Before federal plaintiffs are allowed to serve papers on defendants, the court will conduct a judicial review of the initial filing. A case that is granted to proceed will be assigned a civil action number and a clerk’s stamp. Defendants must be properly notified of the claims against them by means of forms AO 398 and AO 399. If the complaint is filed against the government, this step is not necessary. Defendants can choose to waive service and let the complaint continue; in most cases, however, service of process will be required. This step requires to serve a summons to appear in court plus a copy of the complaint on the defendants. "
How To Know Your Rights If Caught Shoplifting,"Shoplifting is a serious matter. If a person is convicted of shoplifting, it is unlikely that he or she can have the charge removed from their permanent record. However, there may be some methods that can help. In all cases, it is important to have legal counsel to help in these endeavors. Likewise, it is important to note that laws vary from state-to-state. The first step is to understand the difference between being arrested for shoplifting and being convicted. A shoplifting charge may or may not appear on a person’s permanent record. If it does, this charge can weight negatively on a person’s credit score or ability to get a loan. It may also appear on a criminal background check, which can negatively affect entry into educational institutions and job offers. Even without a conviction, a petition for expungement requires an attorney and an appearance before a judge. Some states make allowances for misdemeanor convictions that appear on one’s record prior to turning 18. Some states have raised this age as high as 21. However, these laws do not guarantee that the crime will be expunged. They simply make it easier to complete the process. Most states do not have laws in place to protect those who have been convicted of felony shoplifting charges. However, some states will allow these charges to be “set aside,” which generally removes the charge from one’s permanent record. A motion must be filed with the court to remove the charge. The state prosecutor can then choose to object to the motion or pass. States can have different time frames in which the prosecutor can respond, but in most cases this is about three months. If the prosecutor does not respond during this time, it is the judge’s decision. A qualified attorney and a clear record since the conviction can greatly aid in this process. If the charge is a misdemeanor, it is more likely to be set aside. It can take as long as eight weeks to remove a charge from one’s permanent record after the judge has made his or her decision. Individuals should contact the Criminal Records office of the Justice Department in the state(s) that they were convicted. This process varies, but often includes the completion of a request form, a fingerprint scan, and a processing fee. If the charge has not been expunged, it is possible that the individual has not waited long enough for the change to have taken place. Otherwise, individuals can complete a Claim of Inaccuracy that will then be filed along with the criminal record. "
How To Beat A Stop Sign Ticket In California,"Beating a stop sign ticket in California is difficult, requiring diligence and leg work.  However, if your job depends on a clean driving record or if you’re in danger of having your license suspended because of multiple infractions, it may be worth the effort.   Ask for the County Seat and Don’t Admit Guilt When the police officer stops you and gives you a ticket, write the words “County Seat please,” before signing your name.  You’ll make the same request later at your arraignment.  Should the officer ask you if you know why you were stopped, always respond with, “I don’t know.”  Further, if the police ask if you rolled through a stop sign, just say, “I was driving safely.”  With these answers you are refusing to admit guilt. The Discovery Letter Write a straightforward letter to the police department and the district attorney.  By law, you are permitted to “discovery” related to your case.  In your letter, you’ll request copies of the ticketing officer’s notes and ask precisely where the officer was positioned.  Both letters should be sent certified mail and include a return receipt.  You’ll need to get a friend or family member to send it, as you cannot legally serve these documents yourself.  If the police or DA fail to respond, they have violated your rights, and the ticket can be thrown out. Form TR-205 You can also request a Trial by Written Declaration.  The form can be downloaded from the Internet or obtained from the court.  You’ll provide written evidence for why the officer could not have seen the stop sign from his vantage point.  Back up your evidence with pictures from the scene.  Again, if the officer does not respond, the ticket may be thrown out. The Arraignment If your case has not yet been sent to the county seat, you may need to attend the arraignment.  Inform the judge that you have filed form TR-205, and also ask that your case be assigned to the county seat.   Losing the Trial by Written Declaration and the Trial de Novo Should you lose your request for Trial by Written Declaration, you can request a Trial de Novo, which happens at the county seat.  Frequently, the officer doesn’t bother to show up at the Trial de Novo.  It’s inconvenient and means having to put in a lot of extra effort.  This means an automatic dismissal of your case. "
How To Collect Unemployment While Pregnant,"Expectant mothers have a lot of exciting changes to anticipate. Many laws in the U.S. protect the rights of mothers who work outside the home. For instance, the Pregnancy Discrimination Act of 1978 made it illegal to fire a worker for being pregnant. Additional legislation created the Family Medical Leave Act to provide both parents with the legal protections necessary to allow them to take time away from work without being punished for it by employers. Expectant mothers are also eligible for unemployment benefits just like any other worker. It’s important to understand that you will not be asked whether or not you are pregnant when you apply for unemployment. However, you must be able to assert that: This means that women who have been put on bed rest by their doctors are not eligible for unemployment. These benefits are only for women who happen to be pregnant and who have been laid off or were working for a company that has shuttered operations. Basically, the reasons for seeking unemployment benefits must be entirely beyond the pregnant woman’s control.  Expectant mothers may apply for unemployment benefits just like other workers who have been laid off. When deciding who is eligible to receive benefits, the state government does not consider whether or not the applicant is pregnant. The expectant mother may continue to receive weekly benefits as long as she is still able to work and actively seeking employment. Should her situation change through medical complications or giving birth, her ability to receive benefits may also change. Most states will not provide unemployment benefits for women in these circumstances because they are not able to work. Usually, the woman can begin to receive benefits after birth such as when she is considered able to look for employment. Unemployment benefits are not available to anyone who is seeking a job for the first time. Similarly, people who are self-employed generally are not considered eligible. Keep in mind that it may be necessary to get written notice from your physician that you are able to work. Some states require some type of documentation before you may go back to receiving benefits. Starting back up with receiving unemployment benefits requires less time and effort as your information will already be in the system. "
How To Sue For Mental Abuse,"Mental abuse is sometimes called psychological abuse or emotional abuse. When mental abuse occurs, it’s usually an indication of a power imbalance. This imbalance manifests itself not physically, but psychologically. A person who is being abused mentally may be the subject of constant criticism, maybe routinely manipulated or intimidated, and may experience name-calling or shaming. For the victim, the result is: Depending upon the circumstances, the victim may be able to sue their abuser. So how do you sue for mental abuse? The evidence that results from emotional abuse is not as easy to quantify as that which typically comes with physical abuse. Rather than the bruises, broken bones, or burns that can occur with a physical attack, emotional abuse doesn’t usually leave visible wounds or scars. Nonetheless, such mistreatment can take a physical toll, causing the victim to seek therapy. The victim may be prescribed drugs that help them cope with anxiety or depression. Some mental abuse victims may suffer a miscarriage because of emotional anguish. Others will have different physical manifestations related to living in a chronic state of stress like heart disease. Victims of cyberbullying may have text messages or social media posts. The key to successfully suing a mental abuser is finding sufficient evidence. In these cases, evidence can include medical records and the records maintained by a therapist or other counselor. Documents showing missed days at work may also be helpful. Essentially, anything that ties the victim’s emotional or physical injuries back to the abuser can be used as evidence.   Suing someone for mental abuse is basically the same as suing for emotional distress. A personal injury attorney may be just the right professional for taking on this case. Even with experience in this area, winning a suit for emotional abuse is never a foregone conclusion. It may take months or years to bring such a matter to trial. Attorneys generally take this type of case on a contingency basis, meaning that they get no money unless their client wins a settlement. Because mental abuse can be so difficult to prove, there may not be many lawyers willing to take the case. Moreover, the victim must be prepared for a long battle during which many intensely personal matters will be discussed openly. Suing for emotional abuse can bring a sense of power to the victim, but it is a difficult journey. "
Who Can Witness A Legal Document?,"There are well-established guidelines for how the signature and date sections should look on a legal document. A party (or parties) should find credible, reliable witnesses to authenticate the signatures and date. Who can I have witnessed my legal document? Legal documents can be statements by one party (affidavits) or more complicated agreements between two parties (contracts). They can also be private or public. The ideal legal document would have each page time-stamped with the signature and date of both parties, but most agreements have plenty of pages in-between the first and last page. Witnesses have two primary purposes: The witness must verify that the signer of the legal document is not an imposter. The witness should be an adult of sound mind and not under the influence of any drugs. The ideal witness has known the signers of the document for a long time and does not have any financial interests in said agreement. This third-party witness should keep a copy of the legal document for his personal records. If at some future time, the parties should display two different documents, then the neutral third-party can act as the arbitrator of such a dispute. Each party has its own interests to protect and cannot be objective. The neutral disinterested third-party can identify which legal agreement is authentic. An example of someone who is not disinterested would be the beneficiary of a will. A beneficiary would have a financial interest in said will and would not be a good witness to the signing of said will. How To Write A Legal Guardianship Document  The notary public is given authority by the government to be an official witness for signing legal documents. He or she will understand the required documentation, identification, and procedures for official legal documents. The notary public has a stamp with its own signature space and date. His signature makes the document public. You can also get a bank officer to guarantee your legal document. This is actually like security where the bank would be liable if fraud were involved. If you have been a long time customer in good standing, you can ask a bank officer to be a witness. Finally, a government official or judge could be a witness. Read the fine print on official documents; the government might want you to sign and date the document in their presence. "
How To File A Complaint Against A Police Officer,"Most of the time the police can be trusted to protect and serve. Nonetheless, police officers are human and fallible. This means they may be guilty of errors in judgment or misconduct. This behavior should always be addressed with a complaint against a police officer. It’s possible for a citizen to complain about a police officer for a variety of reasons. Perhaps they failed to adequately identify themselves or used demeaning language. Police officers also are not allowed to discriminate against citizens for any reason whatsoever. These are examples of when a police officer complaint may be necessary. The various law enforcement jurisdictions have each instituted their own process for filing complaints. Accordingly, it’s important to visit the website of the police department in question. On the website, the citizen will find forms that can be filled out and faxed or mailed in. Alternatively, many police departments have a special hotline that may be used to report police misconduct. It may even be possible to make the complaint in person at the department. As a general rule, it’s advisable to act quickly after the incident. Some jurisdictions set a time limit between when the misconduct occurred and when it must be reported. If you miss the timeline, you may not be able to file a complaint.  When a citizen files a complaint about an officer with the police department, they are essentially beginning an internal complaint. This type of complaint is investigated by other officers in the department or by a division known as Internal Affairs. It is typically only through making an internal complaint that an officer will be disciplined or terminated for the misconduct. Even if discipline or termination are not recommended, the complaint usually stays on the police officer’s permanent record. By filing a complaint, the department is made aware of a potentially bad situation. An officer who receives an inordinate amount of complaints may warrant further investigation by the department. That’s why it’s important for citizens to always report police misconduct, even if it does not immediately result in disciplinary action or termination. Citizens who are unsatisfied with the results of an internal complaint investigation may have the option of filing a criminal complaint against the police officer or beginning a civil lawsuit. "
How To Drop Charges Against Someone,"The District Attorney has the ability to determine when and which charges will be leveled against an alleged criminal. This government prosecutor has the authority to continue a case without any witnesses, but he is not likely to be successful. Here is how to drop charges against someone. Once the court process begins, there are numerous hearings and the prosecution may try to force certain things upon the participants. If the plaintiff and defendant are family members, this can be difficult. Some might think twice about proceeding with a lawsuit. Another reason for dropping charges is mistaken identity. As the court hearings continue, participants have more time to consider the evidence. Perhaps, the evidence is not solid or the witnesses offer conflicting reports. At any time, a plaintiff may decide to drop all the charges against a defendant. That is your right.  Ensure that you know all of the facts of the case by requesting a police report. As one of the parties to the suit, this is your right. There may be a printing or copying fee. Read through it carefully, the police report creates the foundation of the case. Why do you want to drop the charges? The government will want to know if you have been pressured by the defendant to drop the charges. You should write your reasons down in an official Drop Charges Affidavit and bring it to the police station. Bring photo identification and expect to pay a fee. Next, contact the county or district attorney to discuss your wishes to drop the charges. After the police officer has filed his report, the evidence is brought to the State authority to determine the legal questions. The prosecution has a great deal of discretion concerning court proceedings. It is illegal to file a false police report, so keep this in mind also. The earlier the better for dropping charges. You may need to testify in court as to why you want to drop the charges. How To Press Charges After An Assault As you proceed through the hearings, the prosecution will continue to calculate the chances of success with the case. If the primary witness or plaintiff is not on his side, he usually can’t win. This is the leverage you can always maintain. You can refuse to testify for the prosecution. "
Should Cigarettes Be Made Illegal?,"Over the last few years, a few jurisdictions in the United States have become more tolerant of marijuana use. Whereas cannabis is treated as a controlled substance by the federal government, some municipalities, counties and states have enacted laws that legalize the use of this herb for therapeutic and recreational purpose. The marijuana legalization trend has renewed interest in an old debate surrounding tobacco, which also happens to come from a plant. Tobacco smoking is estimated to cause more deaths each year than all the other controlled substances put together; nonetheless, they are legal across the U.S. The tobacco industry is subject to heavy regulation, and the smoking habit is subject to lots of restrictions. Initiatives to educate people about the dangers of smoking have brought about sharp decreases in tobacco consumption, and yet millions of people are daily smokers. These seem to be the underlying reasons behind the results of a 2006 national poll that revealed strong support for making tobacco a controlled substance: Nearly 50 percent of Americans would like to see cigarettes made illegal.  The Problem with Making Cigarettes Illegal The legal framework to declare tobacco a controlled substance is certainly under the constitutional purview of the United States. It would not be an easy process, but Congress has that kind of power. Having support from nearly half of all Americans would definitely help, and the public health benefits would theoretically outweigh any legislative headaches along the way. Even liquor could be outlawed in this fashion, and we have the Prohibition era to remember in this regard. For all the good intentions associated with making cigarettes illegal on the basis of harm, morality and paternalism, modern history suggests that such a measure could lead to disastrous consequences such as the Drug War. We are not talking about nicotine withdrawals; there are serious issues to consider. From black market activity to lost revenue and from a divisive constituency to the disappearance of an industry, tobacco prohibition could actually do more harm than good in the long run. The legal ground gained by marijuana advocates in some jurisdictions could be endangered by making cigarettes illegal. At this time, the best approach to curb smoking would be to continue to educate people about its dangers and to enforce reasonable restrictions.  "
How To Copyright A Phrase,"All artists, writers, and creators should know how to get a copyright and enjoy the rights and protections granted by the U.S. Copyright Act. Fortunately, with online options and reasonable fees, copyrighting something is well within your abilities. Here is an explanation of copyright protection and how to get something copyrighted. Why would you need to know how to get a copyright? In one word — protection. Copyright is legal protection granted to authors of ‘original works of authorship Original works of authorship are works created by human authors or artists and contain creative and original elements. The protection applies to registered works that are “fixed” — or finished. Types of works protected under copyright law include: When you know how to copyright something, you gain exclusive rights to your work. That means you are the only one who can do the following: If other people use your work in these ways, you can sue them for copyright infringement. Or, you can give companies or individuals permission to use your work through a licensing agreement, which allows them to use your material for a fee. You can’t take advantage of these options unless your work has a registered copyright. Generally, the creator registers the copyright because it belongs to whoever created the work. If two or more people created the work, one creator might register the work, but copyright law gives each creator an equal interest in the work. An exception to this rule is ‘works made for hire .’ Works created by an employee or an independent contractor belong to the one requesting the work. The employee or contractor may not be able to copyright the work or own any rights. If you want to know how to get a copyright, you first need to create something! Copyright protection applies to original creations like books, movies, and graphic art. Originality is a low standard, and as long as you didn’t copy someone’s idea directly, you likely pass that requirement. If you are concerned about whether your work is original, you may wish to search the public catalog for similar works. You have two options for registering copyright: Online or paper forms. The Copyright Office prefers online registration, and you likely will, too. Online registration offers lower fees, faster examination and approval, status checking, and fee payment by debit or credit card. You can expect a turnaround time ranging from one to eight months. If you decide to use paper forms, you must choose the form package based on the type of work. But, be aware that this option can take longer and is more expensive; the filing fee for paper forms starts at $125, and you are looking at a turnaround time of 2 to 19 months. Start by opening an account with a user ID and password if you decide on online filing. Choose the type of work that most closely matches the work you’re registering. Provide contact information and complete each required section. For paper filing, choose the form package for your work’s type. The packets include TX (literary works), VA (visual arts), PA (performing arts, including movies), and SR (sound recordings). Fill them out with black or blue ink, and don’t skip sections. Once finished, pay your filing fee. The online system accepts payments via debit, credit, or bank account. The system will not accept your filing fee until you complete the application. For mailed materials, pay the fee with a check or money order issued to the U.S. Copyright Office. A deposit copy is a copy of your work that you must provide with your application. The Copyright Office will use the deposit copy to decide whether you qualify for a copyright. If your work is published, you must provide the ‘best edition ‘ of your work. The best edition is the highest quality format of your work. For example, if you are registering a music album, you want to provide a CD deposit copy of that album rather than a vinyl record. You can provide an electronic copy of your work; however, you may also have to provide a physical copy. The Copyright Office provides a list of acceptable file formats for electronic deposit copies. The only exceptions to physical copy requirements are unpublished works or works published only online. For example, a digital copy should be enough if you only take digital photos and never make prints. For visual art, your deposit copy should be ‘identifying material ‘ rather than the best edition. You don’t have to recreate your painting or sculpture to provide a deposit copy. Instead, you take high-quality pictures of each angle, showing the Copyright Office as much of your work as possible. The Copyright Office sends deposit copies to the Library of Congress once they finish your application. Most applications process smoothly and don’t need further information. Only 19% of all claims require correspondence and clarification. But if you fall into that category, answer all inquiries as soon as possible. Depending on the Copyright Office’s concerns, you may need to submit a new application or make changes to your original one. The Copyright Office doesn’t accept all applications. It may reject yours if: If you disagree with the ruling, you can file a request for reconsideration . You must file this appeal within three months of receiving the Copyright Office’s decision. The request for reconsideration requires a $350 filing fee and must contain the following: You can request a second review, but it will require a filing fee of $700. You can’t copyright a phrase, can you? You can copyright words that are brand names. And here is how to copyright a phrase. The United States Patent and Trademark Office (USPTO) Section 102 of the Copyright Act (Title 17 of the U.S. Code) defines copyright as an “original or artistic literary work.” A trademark is a “word or phrase.” So actually, you trademark a phrase. Ideas, concepts, and recipes cannot be copyrighted. No individual or company can copyright an obvious phrase like “I walk.” But if you think carefully about your favorite soda, restaurant, or electronic company, each probably has a motto or “catchphrase” associated with them. If the phrase is “clearly created by the owner for the purposes of commerce,” then it can be copyrighted. A “catchphrase” is unique to a fictional or non-fictional character. It is a symbol distinguishing a brand. This literary, musical or graphical expression might identify a certain level of product or service quality. The goal of a copyrighted phrase is to create clear value for commerce. By being copyrighted, consumers can ensure they are receiving the actual value they were promised. It creates reliable commerce. The best way to qualify for a copyrighted phrase is to demonstrate that through a musical, graphical, or speech, the owner has “invented the phrase.” It must be closely tied to the brand. This can be done by including the logo or brand name in the phrase. Find a way to time stamp your creation. Some have included an affidavit in an envelope and postmarked it to themselves. This creates a historical record in time. Next, use it for interstate commerce; this will make it recognizable and enforceable by federal law. Here are some examples of copyrighted phrases: Finally, register your copyright phrase with the USPTO. This creates a public record of your claim to ownership. The phrase becomes your property giving you exclusive legal rights for the purposes of commerce. It gives you leverage and the right and authority to file copyright infringement against others. The burden of proof is on them to prove the copyright does not belong to you. You can file an injunction against further use. The internet allows you to access any images available online, but that does not mean these images are available for your use! Image copyright laws protect artists, photographers, and other owners and creators. Here’s how these laws work and how to ensure you only use permitted copyrighted images. This overview also includes tips on how to protect and copyright your images. The U.S. Copyright Law protects images as “pictorial, graphic, and sculptural works.” That definition continues by explaining that two and three-dimensional works of “fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans fall under copyright laws. If artists register their work through the U.S. Copyright Office, they secure full ownership of their work, and anyone who uses it without permission or credit could face penalties. You can avoid potential liability by using properly licensed images or public domain graphics. Fortunately, a variety of licensing options are more publicly accessible. Here are examples of paid and free licenses for copyrighted images. Stock images, or stock photos, are electronic images available for business or creative purposes. They allow you to add graphics to a website, blog, or other publication without hiring a photographer. Most stock issues require you to purchase a license, and the rights-managed license (RM license) is the most restrictive. They are specialist images for limited use. You can only access and license them through an RM license agency, like Getty Images. Before you get the license, you must explain exactly where you will use the image, the number of copies you intend to print, the image size, and your industry. Once you pay the licensing fee, the agency limits you to your described use. If you want to use the same image in a different medium, you must reapply for the license and pay another fee. For example, if you purchase a license for this Pride graphic for a print magazine but decide you also want to use it on your web page, the original license won’t extend to the web page. Also, your license only extends to one size, and you cannot make any changes to the graphic. Instead, you must have a separate license for each size. You must also credit the artist and follow restrictions, even if you have a license. If you see an RM license, trust that the artist is paying close attention to their intellectual property rights. These rights give the artist exclusive control to sell, license, and change their work without other parties interfering. Follow all rules attached to an RM license. Otherwise, you risk penalties. The royalty-free license (RF license) is the default setting for stock images. Generally, the purchaser pays the license fee once and can use the image in unlimited applications. RF licenses have more options. You can use them multiple times for publication, e.g., web pages, brochures, magazines, etc. However, you will need an RM extended license to make merchandise that includes the image. Royalty-free extended licenses are also called commercial extended licenses. Unlike the first two license types, which focus on publishing rights, this category applies to using images for commercial purposes such as putting pictures on mugs, shirts, and other merchandise. You will know your desired image has an extended license if: Creative Commons is a nonprofit organization that advocates for sharing creative works and knowledge. Images participating in Creative Commons licenses are free as long as you credit the image’s creator. You can credit the artist or photographer by linking to their website or the original image. You can find Creative Commons images through photo services like Flickr. Usually, the photo indicates it has a Creative Commons license and links it to the license type, giving instructions on how to attribute and use the photo with the artist’s permission. The most common Creative Commons license is Attribution 2.0 Generic, which requires appropriate credit, a link to the license, and whether you edited the photo. However, even Creative Commons allows licenses with restrictions. Notice this photo has “some rights reserved” with the dollar sign crossed out. The text leads the Creative Commons license that prohibits commercial purposes. The editorial use license applies to trademarks and other graphics that belong to companies. Many journalists want access to these images when they write features on a company. Also, bloggers who write online reviews might request these types of images. The best way to secure editorial use licenses is by requesting a media kit or visiting a company’s online press center. You can’t just grab the graphic from the company’s webpage. Doing so could violate image copyright laws, and you’re also unlikely to get a high-quality image. Image copyright laws protect images during the artist’s life plus 70 years after their death. After that, the images enter the public domain and can’t be renewed. You can use most public domain images without legal risk and with few limits. Public domain images are clearly marked, and some link back to this Creative Commons page to clarify public domain rules. But, you should still be careful with public domain photos and images since some of them have moral rights under image copyright laws. These “moral rights” protect the image from mutilation, distortion, and derogatory action that impugn the subject’s value or reputation. Creative Commons calls these Public Domain Mark 1.0 images. You find this public domain characterization most commonly with armed forces photos. Military branches often want to avoid stolen valor situations or vulgar edits of their photos, so they rely heavily on moral rights – even if the pictures are in the public domain. Understanding image copyright laws and licenses is essential because you don’t want to face the penalties for copyright infringement. Even if you didn’t intend to infringe, damages could reach $750 to $30,000 per work. Intentional infringement could generate damages of up to $150,000 per work infringed. You may also owe the creator any profits you generated from infringement. However, you may be able to avoid liability if using an image falls under the fair use exception. Courts evaluate fair use on four factors, although no one factor determines the outcome: In general, nonprofit or educational use is more excusable than commercial use. Using an excerpt from a novel to illustrate a point in a high school English class likely passes as fair use. However, suppose that same teacher scanned the entire book and made it available online as a PDF for a small fee. That would be likely infringement rather than fair use – even if the teacher argued distribution was “educational.” That action also devalues the novel by encouraging buyers to purchase the PDF rather than pay full price for a retail copy. Fair use also applies to images. A thumbnail of a copyrighted art piece is likely acceptable, especially if clicking it takes you to the piece’s museum page. But if you download the piece in its entirety and start selling prints, you may face trouble! Want to know how to copyright your images, photos, and graphics? Start by applying to the U.S. Copyright Office. Provide your photo, art piece, or graphic, and pay the filing fee. Once confirmed, you can charge licensing fees. Another option is to get a Creative Commons license. The license allows you to gain exposure and require people to credit you if they use your work. However, unlike the U.S. Copyright Office registration, there are no remedies if someone misuses your work. Some artists reserve copyright image registration for their most cherished works and use Creative Commons on less valuable images to gain exposure and attract people to their Instagram accounts or websites. You may find a similar balance works for you. You’ve created your masterpiece. The script which is going to make you famous. You already have dreams of Broadway when you discover someone has stolen your idea. If you haven?t copyrighted your work, there?s a good chance you can?t do anything about it. Here?s what you should do after you’ve finished writing to protect your many hours of hard work. Automatic Copyright
The US is a country which falls in line with many others when it comes to copyright law. Anything with the copyright symbol and your name is automatically copyrighted. Whilst this will deter some would-be thieves, it won?t matter in a court situation where you?re trying to prove this is your work. The problem with automatic copyright is it doesn’t specify the time it was written or when you copyrighted it. It?s essentially your word against someone else?s. Contrary to what a lot of people think, you can?t prove automatic copyright with registered or recorded delivery. Sending yourself a copy of your own work won?t provide you with any evidence you could take advantage of in a court situation. The US Copyright Office
The US Copyright Office is the only entity in the country which can formally issue you a formal copyright notice and registration with the Copyright Office. If you?re trying to sue someone for stealing your work, your work needs to be registered with the Copyright Office before you can sue them. Always file your work with the US Copyright Office. Visit their website and follow their detailed guide on how to correctly file your request. This process takes up to six months, but there?s another option for protecting your work. Interim Registration with the Digital Timestamps
Digital timestamps is a popular way of providing you with a sort of interim copyright notice. The main disadvantage with automatic copyright is the lack of any timestamp. With a digital timestamp from an independent company, you can prove when your work was created and registered. Choose your digital timestamp provider carefully. Make sure they take documentary evidence of your work. Check the terms and conditions to ensure they would be willing to intervene on your behalf if you became a victim of theft. Since the process with the Copyright Office lasts at least six months, this is a good way to defend yourself in the meantime. Once you’re fully registered, you don’t need to worry about anyone stealing your work because you’re fully covered and you’ll always win in court.     "
What Happens During A Settlement Conference?,"Most lawsuits that are filed never end up going to trial. Frequently, this is because the matter is settled between the parties before the trial date is reached. A settlement conference is one of the most common tools for settling a dispute before trial. In many jurisdictions, a settlement conference is required before any case can go to trial. The settlement conference is shorter and less expensive to conduct than a trial. Accordingly, it can be attractive to all involved to reach a settlement. A judge presides at the conference in their chambers or a private conference room. Settlement conferences are most often utilized in civil matters such as for child custody matters, personal injury lawsuits and contract disputes. They may also be used in criminal matters, though this happens less often. The requirements for attending a settlement conference may vary by jurisdiction. However, both parties with their legal counsel are usually required to attend. In most cases, any parties or individuals who have the authority to potentially settle the matter are required to attend. The proceedings of a settlement conference can vary widely between jurisdictions and even between judges. Typically, both sides must inform the judge about the case in advance. This may include disclosing certain facts and evidence that supports that party’s side of the case. This way, the judge is reasonably well apprised of the case before the conference occurs. The conference may begin with the judge meeting with the counsel for both sides. Occasionally, the parties themselves are present at this initial meeting. Legal counsel for each side usually makes a brief presentation of the case. Then the judge meets with each side separately. This process can go on for several hours, and the judge may go back and forth between the parties several times in an effort to reach a settlement acceptable to all parties. If a settlement cannot be reached, then the parties must begin preparing for trial, although the judge may recommend a second settlement conference at a later date when more information is available. Should a settlement agreement be reached, the judge asks the attorneys to prepare a memorandum that specifies the terms of the settlement. This formal settlement agreement will be signed by all parties. After it is signed and filed, the judge formally dismisses the lawsuit. "
Filing a Creditor’s Proof of Claim in Bankruptcy Court,"Insolvency proceedings in the United States essentially consist of two major legal actions that must be filed in federal bankruptcy court: Petitions and proofs of claim. The former filings are submitted by debtors, who can be individuals or business entities no longer able to settle their outstanding financial obligations with regard to debts; the latter are filings that must be submitted by creditors who wish to be paid out of the bankruptcy estate established by the court and managed by the the trustee. Creditors who fail to timely file a proof of claim will basically forfeit their right to distributions from the bankruptcy estate. Not all unsecured creditors that appear on the debtor’s schedule will enter proof of claim, particularly those who feel that the bulk of the original amount has already been paid or that going through the bankruptcy proceeding would not be worth the amount that can be recovered. Only unsecured creditors such as credit card companies can enter a proof of claim in Chapter 7 or Chapter 13 bankruptcy cases. Lenders who have a lien on collateral assets do not have to follow the proof of claim process, although many attorneys recommend doing so just to be on the safe side. The official form to use in a proof of claim is available from the U.S. Bankruptcy Courts website. Form 10 is an official and straightforward document that asks for the following information from creditors: Form 10 must be filed along with all documentation that supports the debtor-creditor relationship and the amount claimed. It is important for creditors to pay close attention to the information they provide on Form 10. Bankruptcy attorneys will take a very close look at the proof of claim in an effort to present an objection that can be sustained in court, thereby relieving their debtor clients from their obligation. Some of the most common mistakes filed by creditors in this regard include: When the bankruptcy court calls a meeting of creditors, those in attendance are reminded that they have 90 days to file their proofs of claim. Obtaining deadline extensions from the court is possible but highly unusual. "
What Does Pod Mean On A Bank Account?,"Estate planning allows you to identify the beneficiaries of your financial assets. The probate court process for dividing assets after death can be quite: Assets that are encumbered with loans might be financially at-risk when someone dies if the money is not available to continue making payments. This is why some people add the POD designation to their bank accounts. Debt levels are at all-time highs with outstanding balances accruing interest. Add automobiles and mortgages to the list. It can be a challenge to stay current on accounts. People know how much to pay on each debt. But what happens when they die? Will their heirs have the money to keep up with payments? Families can set up their bank accounts to ease any asset transfer upon the death of a member. You have many different options for setting up a bank account, including but not limited to the following: joint account, account for children, or payable-on-death (POD) designation. The POD is your heir. The banking account immediately becomes his or her property when you pass. While you are alive, you have full control over your banking account, even if it say POD on it. You would follow the legal payable-on-death procedure and write POD on your check with the heir’s name after it. You can add more than one name as POD or even charities as beneficiaries.  How Do I Cash a Check Without a Bank Account? The payable-on-death designation can reduce the number of things a family needs to worry about when someone dies. It also makes a banking account instantly accessible for paying off credit card bills or even funeral costs. Families know that many senior citizens have very valuable assets, including bank accounts. The payable-on-death designation allows for the seamless transfer of wealth to the next generation. Sometimes, probate can take up to a year with family members squabbling over the estate. In the meantime, bills can add up. The estate without the POD banking account might need to file for bankruptcy. The FDIC has made the POD designation even more valuable by offering additional coverage for each POD named. If the FDIC insurance is $250,000 per banking account, then the POD account will have $250,000 + $250,000 = $500,000 instantly guaranteed. "
How to Write a Notice to Vacate,"Most people think of a notice to vacate as a document that signals the end of the business relationship between landlords and tenants. This is not always the case, although terminating a residential lease is the most common reason behind writing one of these letters. Essentially, a notice to vacate serves to inform that a tenant will move out of a property. When the landlord is the author, the letter is called a notice to vacate. When the tenant is the author, the letter is called notice of intent to vacate. Many lease contracts come to an end without these notices; this often happens when the tenant decides to not stay beyond the last day of the rental term and gives a verbal notification a couple of months in advance. This is not an ideal practice insofar as real estate compliance; failure to issue a correct notice to vacate could result in legal headaches down the line. Notice from Landlord to Tenant In many jurisdictions, it is customary for the landlord to issue the notice to vacate. The reasons for issuing the notice may include: – The lease contract is coming to an end.
– Lack of payment.
– Lack of compliance with the terms of the rental agreement. Many templates used for residential lease agreements include a notice to vacate that can be used when the rental term expires; landlords should check with their attorneys before writing a notice to vacate for any other reason. It is very important to check all the provisions of the lease contract before writing the letter; an incorrect date or a misinterpreted term could give the tenant a reason to file a lawsuit. The notice starts with the landlord’s contact information followed by the tenant’s. The subject line should succinctly explain the reason for the notice to vacate. The body of the letter should remind the tenant that the notice is being served within the time frame stipulated on the lease contract, and it should also clearly state the date by which all personal belongings must be removed. Brief instructions on the final inspection, security deposit and handover of keys can be included as well, although these are normally covered on the lease contract. Notice from Tenant to Landlord A notice of intent to vacate is normally filed by tenants who intend to move out before the end of the rental term. The letter should follow the format explained above, but the body of the letter should only describe the intent to vacate and the final day occupying the property. Early lease terminations should be handled in a separate document.  "
What Are Bilateral Agreements?,"You might have heard of bilateral trade agreements between different countries, but is that the same as a bilateral agreement? The prefix “Bi” means two. But what is the exact definition of a bilateral agreement? “What is a Unilateral Agreement?” “Uni” means one. So a unilateral agreement must involve “one of something.” An agreement is between two parties. So what is the “one” thing that defines the unilateral agreement? A unilateral agreement is where one party makes a promise, declaration or offer. For example, a radio station DJ tells the audience that he will pay a listener $100 if he can answer a question. The radio station is the promisor and the listener is the promisee. The two sides of the agreement are not equal or mutual. The promisor offers money and the promisee must offer an answer. Under the unilateral trade agreement, only the promisor is bound by consideration. The promise is bound by consideration of the performance of the obligations. The unilateral agreement “may or may not occur.” It is not guaranteed. One side offers something of value to anyone who can fulfill the other side of the agreement. These occur every day at grocery stores or restaurants. Many are unspoken and implied. “Two Promises Involved in Bilateral Agreement” The bilateral agreement involves two parties each promising to do something. The parties can be individuals, groups, businesses or governments. Somehow, the two actions are mutually supportive, binding and inclusive. Both parties fulfill roles as the promisor and the promisee. A bilateral agreement can be “positive” or “negative” – you “will” or “will not do something.” Each party is sufficient consideration for the bilateral agreement. The concept of “mutuality” is important for bilateral agreements since both parties must fulfill their promise for the contract to be fulfilled.  “Breach of Contract” The unilateral and bilateral agreements are enforceable in courts. The agreements change the status of the parties to it. If someone was not legally required to do something, a bilateral agreement promise may mean that he will now be legally bound to do that. The reverse is possible too. Breach of contract can occur due to many reasons. With the bilateral agreement, both parties will suffer if the agreement is not fulfilled. It is more of a symbiotic relationship. "
How To Write A Legal Guardianship Document,"Children are under the legal custody, authority, and control of their parents until they reach the age of majority. Unfortunately, parents may suffer from a temporary or permanent setback that may lead them to give up their legal control of their children. Here is how to write a legal guardianship document. The parental authority extends to all elements of the child’s life. The parents determine where the child lives, what the child eats, what medical treatment is provided, and what education is afforded. In order to be good parents, adults must have the capacity to provide the basic necessities. If they cannot, then finding a close relative and giving him or her temporary legal guardianship might be the best idea. Financial distress, homelessness, legal difficulties, drug rehabilitation, or health problems could lead to parents not being able to raise their children properly. The wise parent may cede some authority temporarily or permanently in the best interests of their kids. The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors. No one can predict when an accident or other disaster may occur. Some include a legal guardianship document in their wills to determine who will raise their children. If parents do not name a guardian, the courts will find someone offering the most stability, continuity of care, and amoral environment for the children.  How to Write a Legal Statement of Fact The primary function of a legal guardianship document is to transfer parental authority to another party. The document should be a statement opening with the name, phone number, city, state, and zip code of the parent(s) with legal custodial authority. Then fill in the name of the children and their birth dates. Next, you should list the party to whom legal guardianship will be handed off. Include the: List whether the guardianship transfer will be temporary for a set time period (list the beginning and end dates), or permanent for the foreseeable future (beginning on such-and-such a date.) The parent giving up custodial rights should wait to sign and date the document in the presence of a notary public. The bottom of the form should include a space for the signing, dating, and stamping of the notary public. "
Reporting A Stolen Car,"It’s distressing to realize that your car isn’t where you left it.  It happens hundreds of thousands of times across America on a yearly basis.  The first thing you’ll need to do is report the theft to the police.   Contacting the Police You can call 911 if you are stranded and feel that your life is in danger.  Otherwise, it’s best to contact the police through non-emergency channels.  Depending upon the practices of the law enforcement agency you contact, they may take the report over the phone.  Some agencies require that the report be taken in person whether that means the police come to you or that you must go to the station. Establish Proof of Ownership You must demonstrate to the police that you are the rightful owner.  This can usually be done with DMV records, a vehicle title or a bill of sale.  The police will also want to see your driver’s license in order to verify your identity.   All About the Car Be prepared to tell the police all the information you can about your car.  This includes basic data like the make, model and year the car was manufactured.  Details about the color and any body damage or scratches may also be helpful in identifying the vehicle.  The VIN and license plate number will be similarly indispensable.  Also, be certain to report any personal items that may have been in the vehicle at the time it was stolen.  This may make it easier to claim these items if your car is found and the items are still intact. Contact Your Insurance Provider After the formal police report is filed, you’ll want to notify your insurance company about the theft of the car.  The insurance provider will often want to know information from the police report.  In fact, many insurers cannot process the report of a stolen car if the theft has not already been reported to the police.  Provide them with all the data they need, as this will make it easier to make a claim for damages if your car should be recovered. Keep in mind that the police often won’t get involved in a car theft between spouses, ex-spouses or in other domestic situations.  They focus on genuine criminal theft of vehicles, so attempting to report as stolen a car that is in use by an estranged partner is likely a waste of time. "
How to Get an ITIN in the U.S.,"In the United States, taxpayers are identified by unique numbers. For most individuals who are compensated on a wage or salary basis, the numbers assigned to them by the Social Security Administration are sufficient for taxation purposes.  Not everyone who works or earns money in the United States qualifies for a Social Security number; however, just about everyone who earns income is expected to report earnings to the Internal Revenue Service (IRS) or a state taxation agency. Dealing with the IRS and other tax collection agencies requires an Individual Taxpayer Identification Number (ITIN).  A Social Security number (SSN) is considered an acceptable ITIN by the IRS. Certain taxpayers have valid reasons for getting an ITIN, specifically immigrants who do not qualify for an SSN. Immigrants authorized to work or do business in the U.S. are required to report their income and file a tax return even if they are not registered with the Social Security Administration, and they can obtain an ITIN for this purpose. The most recent amendments in the ITIN request process were implemented by the IRS in early 2013. The steps are as follows: – Obtain a form W7 from the IRS. This form is available online or from authorized representatives known as acceptance agents. – Include a valid federal income tax return along with one or more documents that can be used as proof of identification. These documents can be copies certified by foreign embassies or consulates, and it is generally to include more than one.  – If no federal tax return form is available at the time the ITIN is being requested, certain exemptions may apply. – It is important to remember that the W7, proof of identification and federal tax return should all be mailed to the IRS Service Center in Austin, care of ITIN Operations. The address is P.O. Box 149342, Austin, TX 78714-9342. -The IRS takes between six to eight weeks to mail a letter with the ITIN. In the past, the IRS issued a green and white wallet-sized card with the ITIN; that is no longer the case. Modern ITINs expire five years after they are issued. This does not apply to the ITINs issued prior to January 1st, 2013. Tax returns that are mailed along with the W7 form and the identification documents will be processed by the IRS. In some cases, refunds may become available even before the ITIN. "
Is a Hard Money Loan an Option When Experiencing Foreclosure?,"Hard money loans are used by individuals who need quick financial solutions and either cannot wait for or do not qualify for conventional banking approvals.  These types of loans are specific in nature, being backed by collateral in a piece of property that can be quickly sold at a profit for both the borrower and the lender.  Real estate investors are the primary borrowers of hard money loans.  The funds allow the investor to purchase a property at a low price, do any repairs or renovations and then resell the property within a short period of time.   Another large segment of hard money loans are used by individuals with financial problems who may be facing foreclosure or are already in foreclosure.  These borrowers want to stop the proceedings in order to sell the properties to clear up their problems or keep the properties while trying to get mortgage refinancing at monthly payment rates that can be maintained.  As with commercial real estate, hard money loans for individuals are based on the resale value of the home and are short term in nature, being made for a few months up to a couple of years. <strong>HARD MONEY LOAN BASICS</strong>
Hard money lenders will estimate the resale value of the property, the current real estate market where the property is located, and the potential for a quick sale.  The lending rate on a property is between 50 to 70 percent of the market value and a loan is used to pay off the current mortgage so the hard money loan becomes the first mortgage.  If the borrower does not pay as agreed, the lender can foreclose and sell the property to recover the amount of the loan.  Lenders charge a high rate of interest and more points than banks.  Hard money loans help borrowers survive a short rough period that will end in positive results for both the lender and the borrower.  <strong>FORECLOSURE LOAN ASSISTANCE</strong>
Home owners facing foreclosures who want to save their homes or sell them and currently have 30 percent or more equity in their homes, might consider hard money loans.  A hard money loan must pay off the current mortgage holder and make the hard money lender the first mortgage.  The loan will be expensive for a short period of time, but it allows the home owner the option of selling the home or getting new financing with a lower interest rate for a longer period of time.  "
How to Write a Legal Statement of Fact,"A legal statement of fact is a document prepared for use in a variety of legal cases that involve all of the judicial principles. The statement defines a situation and sets down factual information in an easy to read manner that will compel the reader to understand the writer’s point of view. Legal statements are prepared by both the prosecution and the defense. The document requires a professional, non-argumentative tone and is devoid of exaggerations and fabrications.   How to Write a Legal Memorandum 1. Determine what the results of the statement are intended to gain; this is generally to gain a favorable decision for the writer. 2. Include the date of the legal statement; the topic of the statement; the date(s) of the topic to be discussed; the basic facts involved in the reasoning for the statement; the identities of all pertinent parties; their connections to the case; and if possible, the signatures of the parties. 3. When stating the writer’s facts, add information to help clarify the environment at the time of the issue. An example would be if someone was assaulted by a stranger on the street. Rather than writing: “A stranger approached me asking for money and when I said no, he hit me and I fell to the ground”; a more effective description is: “Mr. “A” was carrying an open can of beer and drinking from it when he approached me asking for money. When I said no, Mr. “A” yelled profanity at me, hit me in the face, and I fell on the ground and hit my head on the sidewalk.” 4. Add any copies of documents like a police or medical report, a newspaper article, or any other papers that can strongly support the writer’s case.  1. Do not provide any facts that can be used to the advantage of the other party. It is the other party’s responsibility to establish an opposing point of view. 2. Do not refer to other parties as simply “he”, “she”, or the “defendant”. Use the person’s name, or a descriptive term such as “the young man who had been drinking” when emphasizing the defendant’s condition, “the company’s representative” when emphasizing one person against a big corporation, or “the newly licensed driver” when emphasizing the defendant’s lack of driving experience. 3. Do not lie or make up information that can be disproved by the other party. "
What is FED MED/EE Tax?,"One withholding employees see listed on their earnings statements is the Fed MED/EE Tax. This stands for Federal Medicare/Employer-Employee and is a tax that funds the Medicare Health Insurance program. This tax is a part of FICA, the Federal Insurance Contributions Act, which consists of both Medicare and Social Security Tax. All employees and employers in the United States are required to pay their portion of the Fed MED/EE tax, which is taken out of a person’s paycheck. In this guide, we will discuss everything from the definition of the Fed Med/EE Tax and where to find it on your paycheck, to exemptions to deductions to how it applies to self-employed individuals.   If you’re an employed adult, chances are you’ve heard of the Medicare Health Insurance program, but if you’re not enrolled in the program, you may not know exactly what you are contributing to when you see the tax withholding on your paycheck. The Medicare program provides the following services for individuals with work-related disabilities and those individuals who are 65 years old or older:   Most people get their pay statement and do a quick scan until they find how much money will go straight into their pocket from the week. However, if you take the time to look through all of the taxes and withholdings, you may be surprised at how many items are listed that you are not familiar with. This is likely because many pay statements use the formal names for these taxes, rather than simply stating “Medicare.” In this video from Paxton Patterson College Career Prep, you’ll learn exactly how to read your paycheck and understand those statement withholdings that once seemed confusing.    Okay, now that you have the gist of the main withholdings you will find on your weekly, biweekly, or monthly paycheck, let’s break down what’s in the video a bit more and discuss how exactly you should be reading your paycheck.   Pay statements are broken up into different sections, including pay details, earnings, deductions, taxes, paid time off, and more. The way a statement is formatted may vary depending on the provider your company uses for pay roll, but they will all generally include the same kind of information. In this diagram, you can find where to look for each piece of information on your paycheck. You’ll notice the Fed Med/EE (Medicare) tax is listed under the “Taxes” section.      Pay Details – This includes your basic information that pertains to your job, like your full name, address, employer number, social security number, job title pay rate, etc. Earnings – This section highlights what you have earned during a pay period, as well as things like holiday pay, vacation time, and overtime. Deductions – Depending on what you contribute to and what your company offers, deductions on your pay statement will include things like your 401 (K), childcare, stock, work uniforms/supplies, and food/beverage purchased while at work. If you are enrolled in an insurance and/or health savings plan through your employer, you will see those benefits show up on your pay stub, as well. Taxes – Federal income tax, state income tax, county tax,Medicare (FED Med/EE), Social Security (Fed OASDI, Old Age Survivor and Disability Insurance). Depending on your employment status and what kind of benefits you have, your paycheck may look slightly different. However, every employed American must pay the same kind of taxes (FICA [Medicare and Social Security]) and federal, state, and local income taxes. If you are a self employed individual, you will not have your taxes taken our automatically. Instead, you will have to withhold them yourself and pay them in the form of quarterly estimated taxes (more on that in a bit). If you have certain insurance or disability with your employer, your pay statement may vary.   Some paychecks will have the Fed/Med EE withholding listed under other names, such as: Any variation of the above is referring to the Fed/Med EE tax and is usually listed immediately following Social Security (or OASDI/EE) taxes, but they all mean the exact same thing.   What Is Fed OASDI/EE Mean on a Paycheck?   Yes, Fed Med/EE is a federal withholding tax, along with Social Security and federal income tax. Both Medicare and Social Security taxes are only withheld on the federal level, not on a state or county basis like some other taxes you’ll see on your paycheck.   The Medicare (Fed Med/EE) tax rate percentage for 2021 is 1.45 percent, the same as it was in 2020. The Fed MED/EE Tax rate is 2.9 percent of gross income. The employee pays 1.45 percent and the employer pays a matching 1.45 percent. Self-employed individuals will pay the entire 2.9 percent.  Here’s a look at the FICA tax rates for 2021: *Additional .9% Medicare Tax for people who earn more than $200,000 ($250,000 for joint filers) Unlike the Social Security tax which has an income limit on how much tax is paid, there is no limit on the Fed MED/EE tax. This tax is paid on everyone’s earnings, no matter how small or how large the annual amount. The percentage that you must pay on Medicare taxes may increase, depending on your income. If you make more than $200,000 per year, you are subject to an increase in Medicare taxes based on the Affordable Care Act’s Additional Medicare Tax (we’ll discuss more on that later in this article).   While both Fed Med/EE and Fed OASDI EE are both a part of FICA, they are two separate taxes that show up on pay statements. Fed Med/EE is Medicare tax, while Fed OASDI EE is Social Security tax. To learn all about Social Security tax, check out this guide: What Does Fed OASDI/EE Mean on a Paycheck? Every person, with a few rare exceptions, who earns a paycheck, will have this payroll tax deducted from the gross salary earned, but it is not part of the Federal taxes paid for income tax purposes. An example of an exception to this payroll tax is when both the employer and employee are members of a religion that is opposed to insurance based on their divinity’s doctrine. “An exemption from Social Security and Medicare taxes applies to non-immigrant students, scholars, teachers, researchers, and trainees (including medical interns) who are temporarily present in the United States in F-1, J-1, M-1, or Q-1 status, as long as they remain non-residents for federal income tax purposes,” according to TheBalance.com. “The exemption also applies to any period in which a foreign student is in “practical training” or other off-campus employment allowed by U.S. Citizenship and Immigration Services (USCIS).” If someone thinks that they may have justification for an exception to paying this tax or already qualify for an exception to paying this tax, can talk with an IRS agent or consult a tax advisor for guidance. All other wage earners are required to pay this tax. Employees who have overpaid on their Medicare taxes are eligible for a refund. To pursue getting a refund on your FICA taxes, you will need to first claim this with your employer. If that is not successful, you will need to attempt to get your refund when you file your taxes with the IRS on a Form 843 (Claim Refund or Request for Abatement). If you are self-employed, handing Fed Med/EE taxes is not quite as simple. First off, those taxes are not automatically withheld on your paycheck like they are for employed people. And second, self-employed people are responsible for paying both halves of Fed Med/EE tax (so, the entire 2.9%), as well as the other part of FICA, Social Security Tax. Medicare and Social Security taxes make up a total of around 15.3% of a self-employed person’s income. Paying the IRS for these taxes can be confusing at first, but once you get the hang of it, it isn’t too bad. According to the IRS: “As a self-employed individual, generally you are required to file an annual return and pay estimated tax quarterly. Self-employed individuals generally must pay self-employment tax (SE tax) as well as income tax. SE tax is a Social Security and Medicare tax primarily for individuals who work for themselves. It is similar to the Social Security and Medicare taxes withheld from the pay of most wage earners. In general, anytime the wording “self-employment tax” is used, it only refers to Social Security and Medicare taxes and not any other tax (like income tax).” If you are under contract as a W2 employee, your employer should be paying for half of your Medicare tax. As stated above, Medicare tax is 2.9% of your income, but as an employed individual, you only have to pay 1.45%, and your employer is responsible for paying the other 1.45%. Keep in mind, if you are a freelancer, contractor, self-employed person, or any other kind of worker, the business you work for is not responsible for paying the other half of your Medicare tax. If you are an employed person and you believe your employer is not withholding Fed Med/EE tax, contact your human resources department. If there are still concerns after trying to resolve this issue with your company, you can reach out to an IRS agent at 1-800-829-1040.     Individual taxpayers cannot list the Fed MED/EE tax as an expense on their income tax forms. Only Federal income tax can be listed as an expense for IRS purposes. Self-employed individuals who pay both the employer’s and employee’s share of the tax can list the employer’s 1.45 percent portion of the tax as a business expense on their company’s income tax, but not the employee’s 1.45 percent portion on their personal tax forms. Employers can find the guidelines on Fed MED/EE tax calculations at the IRS website: https://www.irs.gov/   FICA taxes are fixed percentage of your income, so you cannot lower the rate that you have to pay. However, you can reduce the amount of taxable income you have by claiming deductions, which will lower the overall amount you have to pay in to the IRS.   FICA EE is a common misnomer for the income tax, FICA. FICA stands for Federal Insurance Contributions Act, which is a total of 7.65% of your income. It is made up of both FED/Med EE (Medicare, 1.45%) and Fed OASDI/EE (Social Security, 6.2%) taxes. You typically will not see the term FICA listed out on your paycheck or pay statements since the individual Medicare and Social Security taxes are listed instead.    The subject of healthcare in America is not a new topic of conversation. In fact, it was a long road from the time the idea of a national healthcare program was proposed to the time it actually came to fruition. There were tentative plans and communication about a healthcare program throughout President Teddy Roosevelt’s administration, but it wasn’t until nearly 50 years later that the legislation went through and the program rolled out under the Johnson Administration. Medicare tax started out as 0.7% back in 1966. Just like today, employees paid half, and employers paid half. Over the years, the tax has increased to 2.9% and is projected to continue going up as the national healthcare program grows and evolves.   In addition to lowering the cost of healthcare for Americans, the main purpose of the Affordable Care Act has been to increase Medicare taxes for employees who earn more than $200,000 per year, decrease the cost of prescription drugs, increase premiums for wealthy people, offer preventative services free of charge (annual exams with physician, patient prevention plans, mammograms, etc.). According to healthcare.gov, the plans available through the Affordable Care Act Marketplace must include the following “essential health benefits”: Essential health benefits can be different depending on your state of residence. There are multiple plans employees can enroll for. Some of the additional benefits included in plans are: Essential health benefits list provided by Healthcare.gov.   The increase in Medicare tax on the highest earning individuals is called the Additional Medicare Tax. This applies to employees who make more than $200,000 per year, or $250,000 if you’re filing jointly with your spouse. The additional tax is another .9% on top of the 1.45% that all employees are required to pay for Medicare tax. The Additional Medicare Tax does not require employers to split the additional .9%, though – employees must pay the total of 2.35% Medicare tax themselves. Keep in mind, the Additional Medicare Tax is only applied to income that surpasses $200,000. If an employee makes $300,000 in a year, they will have to pay 1.45% in Medicare tax on the first $200,000 and 2.35% on the last $100,000. “Another result of ACA reforms is the Net Investment Income Tax (NIIT). The NIIT, also known as the Unearned Income Medicare Contribution Surtax, is a 3.8% Medicare tax that applies to investment income and to regular income over a certain threshold,” According to smartassetcom. “If your Modified Adjusted Gross Income exceeds $200,000 ($250,000 if you’re married and filing jointly) you may be subject to the NIIT. Examples of investment income that is subject to the NIIT include dividends, interest, passive income, annuities, royalties and capital gains. The 3.8% tax applies to the lesser of either your net investment income or the amount by which your MAGI exceeds $200,000 (or $250,000 for joint filers). That means the NIIT acts as either an extra income tax or an extra capital gains tax. You can report your net investment income on IRS Form 8690.”   "
ADA Bathroom Sink Height Requirements,"The United States government has established guidelines and requirements for bathroom facilities in order to protect the rights of the disabled. Imagine if you were in a wheelchair and needed to use a sink that was difficult to reach. What are the ADA Bathroom Sink Height Requirements to make sure facilities are disabled-friendly? With the passage of the Civil Rights Act of 1964, African-Americans were given protection against racial discrimination. In 1990, the Americans with Disabilities Act (ADA) extended the legal protections against discrimination to the handicapped. The ADA specifications are required in public buildings, they are recommendations for private establishments. As the American population ages, the number of people in wheelchairs or with walkers is also increasing. Handicapped people might use a sink as support against falling. Thus, builders must create a solid, stable sink free of any sharp, protruding edges on top, the side, or underneath. The ideal sink is mounted on the wall to allow a wheelchair to pass underneath. If you do not have a tape measure, you could set a chair under a sink and sit on it. Do your knees have plenty of space? Can you reach the faucet handles?  The goal of ADA is to provide equal access to bathrooms for the disabled. The ADA has the following categories for knee clearance and sinks top height: At the Kindergarten level, knee clearance should be 19 inches minimum, and the sink top should be 24 inches maximum. At the Elementary level, knee clearance should be 24 inches minimum, and the sink top should be 29 inches maximum. At the Adult level, knee clearance should be 29 inches minimum, and the sink top should be 34 inches maximum. The ADA Bathroom Sink Height Requirements include a depth maximum of 6.5 inches. The knee clearance should also have a width of 30 inches and a depth of 19 inches. The disabled man should be able to position his wheelchair in front of the sink. ADA even suggests that the faucet handles should be push, lever, touch or motion sensor. "
How To Write An Affidavit For Child Custody,"One of the most contentious issues in any legal matter is that of child custody. Because these matters are often fraught with emotion, it can be difficult to separate facts from feelings. However, that is exactly the purpose of a child custody affidavit. Here’s how to write an affidavit for child custody. Affidavit Basics This legal statement is a sworn document that is typically witnessed by a notary before being filed at the court. The person who writes the affidavit is referred to as the “affiant.” A child custody affidavit is most frequently filed during the early stages of a divorce. Usually, the affidavit helps the court decide where the children will live while the divorce case is pending. The affidavits are an opportunity for both parties to state why they should have custody of the children, at least on a temporary basis.  What Should Be Included in the Affidavit? An affidavit is a factual document, and it’s important to keep opinions and feelings separate from the facts. Affidavits that are clouded with argumentative or one-sided opinions usually do not help the affiant’s case. In fact, they may very well harm their pursuit of custody. That’s why it’s often necessary to draft several versions of the affidavit before selecting the one that will be filed with the court. Affiants should avoid phrases like: Better alternatives are “I witnessed” or “I observed.” Using these phrases leads to a statement of fact rather than opinion. These phrases also demonstrate the credibility of the affiant as they show that he or she has firsthand knowledge of the events. Whenever possible, include dates, times, and locations as these details may all lend further credibility to the affidavit. How To File Forms For Temporary Child Custody Formatting the Affidavit Some states have a form that can be obtained from the court’s website. Alternatively, the affiant may sometimes use a sheet of legal paper that includes the caption of the case. The caption includes the names of the parties to the case and the court-assigned case number. Most affidavits must begin with language like “I, (affiant’s name), do solemnly swear that the following is true to the best of my knowledge.” This is followed by a numbered list of facts with a signature and dateline at the end. Some affidavits will require notarization, so it’s important not to sign the affidavit until the signer is in the presence of a notary. "
How To Cancel A Contract In Writing,"U.S. law defines a contract as a legally binding agreement that places mutual obligations on the involved parties. Failure to stick to the terms of a contract can result in serious consequences. So, what happens if you have a legally binding contract — for example, a cell phone contract — that you no longer wish to adhere to? Legally breaking a contract can be difficult, but it is not impossible. The process of how to get out of a contract legally is referred to as “voiding” the agreement. Voiding a contract means the contract no longer has any force or effect, and that no party remains bound by its terms. In our guide below, we’ll share how to void a contract legally. When you’re trying to figure out how to rescind a contract, you must first determine if the contract is valid. Contracts require certain elements to be legally valid. Absent these requirements, some contracts are immediately voidable. Check if your contract includes these basic elements to see if it will hold up in court: Legally valid contracts require “legal capacity” from both parties. Parties must be both old enough to enter into a contract and mentally capable of understanding the contract terms. In most states, the legal age of majority is 18; however, in Mississippi the legal age is 21, and 19 in Alabama and Nebraska. Most states allow individuals to be legally “emancipated” by their state if they have the mental capacity, don’t live with their parents, can support themselves, and meet specific state guidelines for emancipation. A contract is not legally binding simply because someone is of majority age; it also depends on the type of contract. For example, a person may be able to purchase a car at the age of 16. However, they won’t be able to qualify for an auto loan, register a title, or get insurance until they’re 18. U.S. law does not recognize juveniles (those under 18 in most states) as having the legal capacity to enter into certain contract negotiations until they reach the age of majority. If they do enter into a contract as minors, U.S. law holds that the contract is not binding and thus voidable. Another cause to void a contract is “duress.” If you can prove that you would not have entered into a legally binding agreement had it not been for a threat or coercive tactic used by the other party to the contract, you can usually convince a judge to annul the deal. The cooling-off rule allows people to cancel certain sales contracts within a few days after signing. The Federal Trade Commission (FTC) states that consumers have three days to cancel (for a full refund) the sale, lease, or rental of consumer goods or services with a value of at least $25 outside the seller’s normal business. This FTC rule does not apply in certain circumstances. For instance, it doesn’t include sales made online or through the mail or telephone. It also doesn’t apply to sales at temporary locations that are under $130. Read your notice of cancellation rights for more details. It pays to check your contract carefully. If you have signed a waiver of the right to cancel, there is a good chance that you cannot use the 3-day cooling-off period to break a contract. Is there a “mistake of fact” in the contract? For instance, did one or both parties misunderstand essential terms of the contract to mean one thing when the other party meant another? If so, you may be able to void a contract. For example, if the contract identifies a vehicle with an odometer reading of 8,500 miles when in fact the number should have been 85,000 miles, you can argue that this mistake of fact voids the agreement. Or, was there a “mistake of law” in which someone misinterprets the law and thus signed the contract based on that mistaken interpretation? Unlike a mistake of fact, a mistake of law is not easy to prove, as it can be difficult to show that an innocent person was misled. A mistake of law only becomes a valid reason to void a contract when someone: In some cases, both parties may agree that a contract is no longer favorable. If the contract is no longer being followed, or can’t be performed, parties may mutually consent to terminate the agreement. Contracts can be formally voided in writing. If one party materially “breaches the terms of the contract“, the other party may be able to break the contract. Breaching can mean, for example, that a person fails to deliver goods or services as promised, or fails to pay on time. A breach can also occur through violation of non-disclosure agreements and violation of non-compete agreements. Contracts can be complicated, and the process of how to void a contract will depend on the terms and circumstances of the agreement, your age, mental capacity when you signed the agreement, and more. If you have questions about the validity of your contract or want to know if it can be voided, contact an experienced attorney for a free legal review. "
Best Way To Find People By Social Security Number,"One of the most popular and widely used identification numbers is the Social Security Number (SSN). Although the government told organizations they should not use this in every day transactions, the number has been used for employment, credit searches and crime records. There are many online search sites that permit people to look for anyone by using the Social Security Number and last name. On July 4, 1966, the Freedom of Information Act was passed giving individuals, landlords, employers and law enforcement officials more access to the numerous files detailing the life history of every American. This information is meant to be delivered on the “right to know” of the requester. Some families use the Social Security Number to check up on their loved ones. Many families tend to be very mobile and spread out throughout the country. For family reunions, birthdays or deaths, it makes sense for family members to search for that long lost cousin or aunt twice removed. This has been considered a legitimate search reason. The Federal Bureau of Investigation (FBI) has used the social security number for criminal records. These are the most complete files listing an individual’s name, phone number, job, address and crime. Credit reporting agencies have created financial files on consumers when they make a loan application. When an individual applies for a position or for housing, the employer or landlord has access to these personal files also. It has become quite easy to get a hold of a Social Security Number. The Reverse Social Security Number search is used on sites to verify whether the person matches his number. Usually, this search is conducted with a last name. Individuals, private companies, private investigators, banks, apartment complexes, local, state and federal governments are all looking up this private information every day. Companies have accumulated a lot of information about you and sold it to these databases to make money. The Social Security Administration (SSA) also allows searches to determine eligibility for benefits. The best way to find people by Social Security Number is online. There are many paid services – some government, some law enforcement and some family-oriented. There is an abundance of information: birth, marriage, arrests, taxes, credit history and bankruptcies may be included. "
Can I Start A Business While Receiving Unemployment Benefits?,"Unemployment compensation is a state-administered system under which people who lose their jobs through no fault of their own can receive a weekly benefit to assist them while they look for work. The entrepreneurial spirit is something that is usually encouraged in a person who wants to pursue the dream of owning a business, but doing so could affect the person’s eligibility for unemployment benefits. Although unemployment compensation laws vary from state to state, two common eligibility requirements are:   If you are laid off due to a lack of work or some other reason that is not your fault, you might be eligible to collect unemployment compensation benefits while you search for a new job. Most states require unemployment recipients to be ready and willing to accept work in any occupation that is consistent with their training or prior work experience. Benefits can be withheld from workers who limit the hours or days when they can work. Starting your own business while collecting unemployment benefits could affect your eligibility if you make money from the business. A person who accepts a part-time job while collecting weekly benefits must report the income to the state unemployment office. The result will be a reduction of the unemployment benefits in an amount equal to the income from the part-time job.  Aside from the issue of money earned from a business affecting eligibility for benefits, another issue with a new business is one of the times. The time you devote to starting your new business takes away from the time you should be spending looking for a job. Officials at unemployment could also view your new business as a job and determine that you are now working and no longer eligible for benefits. The federal government is trying to encourage states to amend their laws to allow unemployed workers to retain their weekly unemployment insurance benefits while starting a new business. The Self-Employment Assistance program would provide incentives to states that allow unemployment insurance recipients to keep their benefits while starting a new business. Source: Small Business Administration, Self-Employment Assistance Center
https://sea.workforcegps.org/ "
Requirements For Canadian-American Dual Citizenship,"With the mobility, job opportunities, and wealth of modern families, the possibilities of dual citizenship are becoming increasingly lucrative. The United States and Canada share the language, history, culture, geography, and currency. Here are the requirements for Canadian-American Dual Citizenship. Both the United States and Canada follow the Anglo Law system. Thus, the following are the primary ways to gain citizenship in these countries: For normal citizenship, most people were both born and reside in the same country. Due to the conveniences of modern travel and common economic systems, more people are able to emigrate to other nations. They might meet someone online or read about a job opportunity in another country. The modern world enables people to move to another country within a matter of hours or days. The most common issue of Dual Citizenship is when someone was born in one country and resides in another for his or her job. The United States and Canada share borders, entertainment, and important infrastructure, like railroads. In modern culture, there are very few barriers between an American or Canadian working in either country.    How to get dual citizenship in Canada In order to gain Canadian-American Dual Citizenship, an applicant must have citizenship in one country and gain citizenship from the other through birth, marriage, or naturalization. Extended residency is also a possibility, but will also require the naturalization process. The Canadian Citizenship Act of 1947 is applicable to determine the requirements for Dual Citizenship. It largely affects the previous British citizens who resided in Canada and who were now given the option of becoming fully Canadian. The United States and Canada both acknowledge jus soli citizenship based on being born in the country. The United States citizenship law is basically incarnated in the United States Constitution. Those who have Canadian-American Dual Citizenship benefit from easier travel regulations, but must still hold an American passport and a Canadian passport. The holder of Dual Citizenship also must obey both nation’s laws, which can be difficult since there are points of disagreement. Check with your local government office and ensure that you express your desire for Dual Citizenship without renouncing your citizenship. "
Tax Benefits Of A Family Trust,"Estate planning allows a family to gain increased control, management, and access to their valuable assets. A Family Trust can be used to distribute tax exemptions and liabilities for specific asset classes. Here are the tax benefits of a Family Trust. The Family Trust allows grandparents, parents, and children to gain superior control over their assets. Federal, state, and local taxation rules create different levels of exemptions and liabilities adhering to each taxpayer. The Family Trust permits family members to allocate their exemptions and funds in different estate portfolios. During his lifetime, a parent will increase his income and purchase stocks, bonds, and real estate. Over time, this estate grows as well as the tax liability. A Family Trust allows the wealthy parent to distribute his assets and tax liabilities to his beneficiaries. Every year, the Internal Revenue Service has different exemption limits. The wealthy estate planner can determine how much he wants to give his beneficiaries based on said exemption limitations. For example, he can consider the “individual lifetime federal gift tax exemption” and allocate his gifts to the Family Trust to remain under the limit.  How Family Trusts Work A married couple can use the Family Trust to distribute gifts to each other or their children based on federal and state tax exemptions. Using a Family Trust (Credit Shelter or AB Trust), the parents can transfer millions of dollars in assets without paying gift tax. They can designate the beneficiaries one by one and change the allocations to suit any changing needs. The ability to combine marital exemptions is called “portability.” The government is really cracking down on any wealth transfer – it has even created a tax especially for grandparents. The generation-skipping transfer (GST) was established through the Tax Reform Act of 1986 to close any loopholes for families distributing their wealth across generations. This could either include: A parent distribution to child and the child distribution to grandchild  The grandparent direct distribution to the grandchild In either case, the Family Trust allows grandparents to avoid or reduce this tax liability. "
How To File An Irrevocable Trust With The IRS,"The Irrevocable Trust is becoming a popular way for families to protect their assets from seizure by creditors. People have accumulated more wealth than ever before while also accumulating record debt levels. Here is how to file an Irrevocable Trust with the Internal Revenue Service (IRS.) The Irrevocable Trust is an estate planning mechanism aimed at protecting assets and reducing tax liabilities. The IRS (Publication 1635) defines the Irrevocable Trust as a “trust, which, by its terms, cannot be modified, amended, or revoked. For tax purposes, an irrevocable trust can be treated as a simple, complex, or grantor trust, depending on the powers listed in the trust instrument.” Many banks have been successful in using the courts to go after debtors with high levels of bad debt. The Irrevocable Trust has key advantages because creditors cannot legally access the money. The Irrevocable Trust is created by the original owner (or Grantor) ceding the use and income benefits of an asset from himself to the beneficiary of the trust. Usually, this is done from a parent to a child, but a grandchild or nephew can also be the beneficiary. Setting up the trust reduces the income tax liability of the original owner while ensuring that the beneficiary receives the assets in question. There are many requirements for filing an Irrevocable Trust with the IRS. The Trustee must fill out Form SS-4 to acquire a federal employer identification number (FEIN). The legal name of the trust, the Trustee name and address must be given to the IRS. Next, the Trustee should file the Form 1041 – “U.S. Income Tax Return for Estates and Trusts” with the IRS – if the Irrevocable Trust has more than $600 in taxable income generated annually. The Trustee must calculate the expected annual income tax liability of the trust. Also, filing the Schedule K-1 (a list of the distribution of income to beneficiaries) is also required. Income can be shifted to the Irrevocable Trust to avoid high estate taxes. The owner of the Irrevocable Trust has no power to amend the stipulations that govern the trust. The owner of the Irrevocable Trust can also be the Trustee, but cannot have any extra powers or authority beyond standard administration of said trust. "
Applying For A California Assistance Dog Tag,"Service dogs make it possible for people with disabilities to complete the daily tasks of living.  In California, it is required for service animals to have an Assistance Dog Tag.  Acquiring a tag is a simple process, and doing so ensures that the service animal will be able to accompany their human companion wherever they go. Preparing to Get a California Assistance Dog Tag A person applying for an assistance dog tag may be asked to prove that they are disabled.  Officials are not allowed to ask the applicant to specifically identify their disability.  However, the applicant should be able to truthfully attest that they are disabled and require a service animal.  Sometimes the best way to do this is with a letter from a physician that simply states that the bearer is disabled and requires a service animal.   The applicant must have the dog’s immunization records.  Of particular interest to state officials is the documentation that shows that the dog’s rabies vaccine is up to date.  Service animals do not need to be certified to receive an Assistance Dog Tag, nor do they necessarily have to have completed assistance training.   Filling Out the Application Bring the necessary documentation to the local animal control offices.  Workers there may inspect paperwork, and are permitted to inquire as to what types of tasks the service animal performs.  However, the applicant is not required to inform the worker of the specific nature of their disability.  An application form must be completed, and it is signed by the applicant after they have read an affidavit attesting to the fact that they are disabled and require the assistance of a service animal. Punishment for Misuse California laws make it illegal for anyone to obtain an assistance dog tag who is not entitled to one.  Those who are not actually disabled or whose companion animal does not actually perform any helpful tasks may be punished by fine or imprisonment.  Likewise, it is unlawful for many businesses to refuse entry to a dog that carries an assistance dog tag.  Disabled persons with a service animal that bears the dog tag can take legal action in such a situation. Assistance dogs provide many beneficial services to their human companions.  Obtaining an assistance dog tag readily identifies an animal’s service capacity and should grant them the right to enter most buildings in California. "
Avoid Paying Child Support Legally,"In the majority of divorce actions where minor children are involved, child support payments are ordered. Usually, payments are made by the non-custodial parent to the custodial parent on a schedule and in an amount that is agreed to by both parties or is ordered by the presiding court. However, there are several circumstances under which the parent who would normally be ordered to pay child support may legally avoid this responsibility. If both parents can reach a settlement agreement in which child support is refused, then the court typically complies with this request. Custodial parents may opt not to accept child support payments for a variety of reasons, just as there are numerous situations in which a non-custodial parent might reasonably expect not to have to make support payments. Most often, these agreements come about because the non-custodial parent has limited income or makes less than the custodial parent. Typically, these agreements are negotiated by attorneys and form a part of the divorce paperwork. In some situations it may be possible to end child support payments that have already been mandated by the court. Doing so sometimes involves a lengthy legal process that is in itself expensive. Moreover, some of the options are not particularly attractive or desirable. A court may grant an end to child support for a person who has lost their job or recently become incarcerated. The death of the other parent may terminate child support payments, as will a significant change in custody such as the children living more in the home of the parent who was paying child support. In some states, child support can be avoided legally if the child is 18 years of age. Other states may require child support until the age of 21. Other options are less frequently used. A parent ordered to pay child support may avoid the obligation by allowing the child to be adopted by another adult. Contesting the parentage of the children involved is an additional option. Minors who have themselves legally declared as emancipated or join the military are no longer entitled to child support payments. Legally avoiding payment of child support can be a complicated and time consuming process. Nonetheless, it is sometimes a realistic option. Hiring legal counsel is highly advisable for anyone hoping to legally avoid child support payments. "
How Does A Fingerprint Background Check Work?,"Over the span of your lifetime, the local, state, and federal governments will accumulate information about you. (And we’re not talking about the information you share with Siri.) From details about your family, education, housing, and criminal records. One of the ways your information can be gathered is through a fingerprint background check, which is a common part of applying for housing or employment. So, how does a fingerprint background check work, exactly? In this article, we will discuss the basics of what a fingerprint background check is, how it is stored by the FBI, and what kind of information it shows about you.   A fingerprint background check is used to pull up information about a person that is stored in a database. Regardless of what the check is done for, the data is collected and kept by the Federal Bureau of Investigation (FBI) in the Integrated Automated Fingerprint Identification System, which houses approximately 70 million criminal backgrounds. Prior to technological advances, fingerprint background checks were taken the old school way – by pressing a finger in ink, stamping it on paper, and uploading it to a database. But now, everything is done much more efficiently, on a scanner that records the fingerprint electronically. The fingerprint database will include your “rap sheet” consisting of any criminal arrest dates, charges, and the disposition of cases. Your fingerprints also identify basic information about your life, such as birth, name, address, and employment. Many times, a simple police report can be linked to these fingerprint records also. This could include vehicle accidents, insurance information, and statements you made. When you request the check, it might take a couple of weeks to a month to deliver results via mail. You can also choose the electronic application method for processing. You can have these fingerprint records authenticated (or a certificate of apostille) if you want from the FBI. If nothing was found, you will receive a written document attesting to that fact. Each state has its own regulations concerning the fingerprint background check. Many require the fingerprint background check for employees who work around children in the education system. Some states require the applicant to have a state-issued identification number showing it has the legal right to request such confidential information. The federal government has many sources for collecting fingerprints, including: Any data collected through written forms or spoken answers will be listed in your fingerprint background check. The most complete records linked to these fingerprints are stored with the Federal Bureau of Investigation (FBI). Just like your social security number, your fingerprints are used by the government to track information about you. When an organization wants your fingerprint background check for adoption, overseas travel, employment, licensing, or housing, it can make the request from a state identification bureau, FBI channeler, or the FBI itself. It must have the legal authority to access these personal records.  In the past, it was assumed that fingerprint background checks were the best way to find out information about someone. Yet, that is not necessarily true. When someone has a fingerprint background check done, they are simply having their prints cross-referenced to their recorded criminal history. In the event that the person has a criminal history, the person or organization requesting the background check will be notified as long as the crime was filed with the person’s fingerprints. However, the details and results of the crime may not be included in this information. And sometimes, certain crimes will not even show up on a fingerprint background check if fingerprints were not taken at the time of the crime. Bottom line – there are tons of variables that may affect the thoroughness of a fingerprint background check, so it is not necessarily the best way to find out information about someone.   For more on background checks, check out how to order a criminal background check on yourself here. "
How To File An H1B Visa,"The United States government allows employers to hire workers in specialty occupations by assigning them an H1B Visa. These highly technical fields might be very hard to fill with native workers and production could be limited if these immigration exceptions are not granted. Here is how to file an H1B Visa. The United States Citizenship & Immigration Service (USCIS) has determined that certain occupations are so valuable that special work visas can be assigned to employees in these fields. The USCIS defines a “specialty occupation” as one requiring a theoretical or practical application of highly specialized knowledge. Usually, a master’s degree or higher is required in this type of field. The USCIS lists the following positions as the mostly likely to receive the H1B Visa: architects, engineers, lawyers, physicians and professors. This specialty has also been extended to accountants, computer professionals and economists. Foreign degree levels and specialized work experience will be compared to equivalent American standards to determine the applicant’s qualifications. Before even filing the visa application, an organization must file a labor condition application (LCA) to the United States Department of Labor proving that it is meeting all relevant labor laws. The wage offered must be commensurate to an employee in that job category. The LCA must be filed where the employee will do the work. A company must list its history, sales and number of employees. An organization headquartered in the United States must fill out the H1B Visa form (also called Form I-129). It must include its IRS tax identification number on all requisite forms. The employer must prove 1) that the employee in question works in a specialty occupation and 2) has the required qualifications. There must also be a job offer for the non-immigrant worker. If the relevant United States government agencies accept the application, then the non-immigrant worker will be given a temporary work H1B Visa. The LCA will list how long the employment is – that will be the length for the visa too, up to three years. Workers can have multiple employees fill out the visa application if there are multiple offers. "
Finding a Missing Person for Free,"Going off the grid is harder now than ever, so what happens when someone you know is nowhere to be found? One of the most devastating things that can happen to anyone in the disappearance of a loved one. Neither the pain nor the questions fade whether it is a recent disappearance or an occurrence that happened long ago. Sometimes, one is searching for a missing person who is simply an old acquaintance that can no longer be found. In any case, it can be possible to seek a missing person without paying the fees associated with private investigators. Before you rush to the police or post flyers on every street corner, consider why this person is missing. If you believe they have been abducted or are in immediate danger, go to the police as soon as possible. However, if you are simply searching for someone you have not heard from in a while, there are plenty of resources to help locate them. Maybe you were adopted as a child and want to look for your biological parents, but each time you search, they are nowhere to be found. Or, maybe your child’s father hasn’t been paying child support, and you’re unsure of his whereabouts. Keep in mind, the following methods of locating a missing person will not apply to every case. How you handle finding a missing person will depend on the situation, how long they’ve been missing, and if you believe they are in danger. If someone is missing and potentially in danger, the first step is always to file a missing person’s report. In instances of a missing child or other emergencies, call 911. A search will take place that will hopefully uncover the missing person. However, if there is no reason to suspect foul play and the missing person is an adult, you may need to visit a police station in the jurisdiction where the person last lived. The person will then be entered into a database that is accessible by other police departments throughout the country. After filing a police report, but sure to record the case number and officer’s name so you can reach out as needed to get updates on the case. Reaching out to hospitals, jails, and coroners in the missing person’s jurisdiction is another step you should take if someone has disappeared recently. This way, you can rule out accidents, death, and incarceration before you continue your search. If you believe someone has been incarcerated, simply get in touch with the police station closest to the missing person’s last known address. Here is a more in-depth look at how to find someone in jail. It is also advisable to reach out to multiple hospitals during your search. When you call, be sure to give a description of the person’s appearance; if they were in an accident and admitted to the hospital with no ID, the facility may not know their identity yet, so sharing what they look like is helpful. And lastly, get in touch with the local coroner to ensure the person you are looking for is not deceased.  Google is the answer to everything. So before you take the time to explore the more tedious ways to find a missing person, try a simple Google search with the information you already have. Hopefully you have their name, but any piece of information may be able to uncover details about the person’s whereabouts. In most cases, you will end up on a site like White Pages or MyLife.com, where the directory will provide the most-recently collected address, phone number, and age available for the person. A lot of times, however, the information is not up-to-date. Speaking of online directories, there are several resources you can use that collect people’s information. If available on the web, these sites provide first and last names, addresses, phone numbers, and email addresses. Many online directories will require you to pay to search through their database, but here are a few free ones: Facebook has become a popular tool for locating missing people. Runaways may set up Facebook pages or stay active on their previous ones, which can put loved ones in contact with them. However, many more times, it is more effective to circulate a picture with as many details as possible. Include identifying marks, the clothing they were last known to wear, and last-known location. Even the smallest bit of information can lead to finding the person. Last, put out a call to action to spread the photograph around the web. Photos can reach hundreds of thousands of people all over the country within a matter of hours. Another trick to learning more about a missing person is to check the last time they were active on Instagram. If they are someone who is regularly on social media, this can be an important indication of when they went missing. To check this information, go to your direct message inbox and click on the last conversation you had with this person. Under their Instagram handle, you will be able to see the last time they were active on the app. Fortunately for anyone searching for another person, location-sharing has been incredibly popular over the past few years. If the missing person is a close friend or family member, it is very likely that someone in their life will have access to their phone’s location. iPhone users have a Family Sharing option that can be accessed via iCloud. If the person has it enabled on their phone, you will be able to track them. Another common method of location-sharing is the Find My Friends app, available on both Android and iOS devices. If the missing person has shared their location with you, you will be able to view where their phone is at – which is likely where they are located. A last-ditch effort you can try is Snapchat. There is a locator feature on the app, but it is not as accurate as Family Sharing or Find My Friends. The perk of this locator is that many people have their location shared with all of their followers (safe, right?), not just a select few. However, it only updates every hour or so and does not give you an exact location, but a general area that the person is in. If you do not personally have someone’s location on your phone, it may be appropriate to ask one of their friends or family members, depending on the situation. If the case involves a person in danger, the police may go to a cell phone company to track the location of the individual. Getting the attention of passersby is more difficult than it used to be; how often are people looking up from their cell phones when they’re walking from one place to the next? Nevertheless, if you are concerned the missing person is in danger, it is worth it to post photographs of them in local places like coffee shops, churches, hospitals, and parks. If it is a business or organization that you plan to post flyers at, be sure to get permission first or they may be taken down. The National Missing and Unidentified Persons System, or NamUs, is used by law enforcement officials throughout the country to help find missing people and identify the remains of those who have been found. Anyone can view the database and those who register with NamUs can add their own information. NamUs is run by the U.S. Department of Justice. Sites like Craigslist offer free ads that serve a variety of purposes. One of these is to locate missing people. Craft an ad with a picture and place it in sites like these in every area where the person may be. Include a link to a website or social media page and urge people to share the information in person and online. Remember to keep track of where the ads were placed so they can be removed when the person is found. This one only applies to those concerned about the safety and well-being of the person they are looking for. If you are trying to track down your child’s father that owes you child support, News Channel 21 may not be the best place to turn. However, if you have filed a police report and the person is still missing, it is a good idea to cooperate with the media to tell your story and share photos and information about the individual. Typically the outlet will give viewers a tip line or direct phone number to reach out to if they have additional information regarding the search.  If the missing person has their driver’s license, you may be able to get ahold of some information from the DMV. Some DMV’s will release addresses and dates of birth, but it is all dependent on the state’s laws. Privacy laws are stricter in some states, which would not allow you to obtain any information from them. If you are trying to find a missing person that has been away for an extended period of time, look into public and state records. While these records may not point you to the exact location of the missing person, they may be able to uncover details about the individual that you were struggling to find before. Public and state records are kept for things like bankruptcy, birth, death, divorce, marriage, and crime. You can also look into public records about professional licenses, like cosmetology, nursing, counseling, therapy, law, and medicine. If you find that the missing person recently got their license in counseling in the state of Indiana, you may be able to narrow down your search and find their place of work. If you have exhausted all of your options and have still not found the missing individual, you can go to the United States Department of Justice website to request federal records. The Freedom of Information Act makes it legal for you to request and view military records, IRS filings, pilot licenses, and some post office records. However, once you request any of the above information from a federal agency, you may not receive a response for nearly six months. Lastly, if you are still unable to find the missing person with these free resources, consider hiring a private investigator. While it may be expensive, finding the missing person can be worth the cost. Private investigators will have connections at police departments and hospitals, as well as expertise in uncovering details that you may not have thought about before.   So, did you file a police report for a missing person yet? If so, check out this guide on how to obtain police reports. "
How To Write An Accident Report,"Usually, a police officer will be called to the scene of an accident. If a police detective is not available, drivers might need to write their own accident reports to ensure there is documentation of the car accident. Here is how to write an accident report. Usually, if an accident was minor, then participants might not want to bother calling the police. For insurance and legal purposes, it is wise for someone to fill out an accident report. If you have been in an accident, there are three main categories of information that you will need to report: Try to be objective. Write down the time, date, and location of the accident. You will need to be very detailed with not only the city, county, and state, but the cross streets and exact position on the street where the accident occurred. Note any debris or skid marks also. Take pictures if you can. Environmental factors could include the amount of light (natural or artificial), street conditions, amount of traffic, and weather. Note any significant landmarks, especially property that might have damaged: signs, fences, or buildings. If there was property damage, including the name of the owner, address, and estimated cost of damage. Next, note the primary drivers involved in the accident – reporting and other parties. Other people listed would include passengers, drivers not-involved, and bystanders. Include name, age, gender, home address, and contact information for all the people. For the drivers add driver’s license number and insurance policy. List all injuries (and deaths) with the name, severity, and hospital if applicable. The third stage is to recreate the position, velocity, and vehicles on the scene. What is the vehicle type, make, model, and year? Include license plate information, number, issuing state, and year of expiration. List the original location of each vehicle on the site and velocity (direction and speed) before impact. Next, note the position of all parties at impact. Finally, show where the vehicles ended up after the accident. Describe the damage to the vehicles along with the cost of repairing them. Can the vehicle be salvaged? People should be able to understand what happened by reading your accident report. In the end, sign and date your accident report to make it official. "
How Do Michigan Quick Claim Deed Laws Work?,"Michigan is a state with great wilderness and plenty of thriving cities. Due to American Federalism, each state can create their own system to manage their populations. Here is how Michigan Quick Claim Deed laws work. The Quick Claim Deed is used to transfer property quickly avoiding the process of verifying ownership, warranties and liens. Two parties attest to the transfer of the property with the simple verbiage of the seller “quitting claim” to said land for the mentioned sum. This is beneficial to those who want to resell the property immediately. In the fast-paced modern real estate market, many people prefer the quit claim process because it avoids the paperwork of the standards deed process. Michigan has developed their own Quick Claim Deed Form with its own characteristics to assist in the conveyance of property. The applicant using the Michigan Quit Claim Form has to fill in the file number, name of drafter and person to return the form to “when recorded.” Next, the seller fills in his name and address. The seller “quit claims” to property, address and county in Michigan. The seller must carefully describe the property with tax parcel number, common name and sum involved. The final statement of the Quit Claim is unique to Michigan: ‘If the land being conveyed is unplatted, the following is deemed to be included: “This property may be located within the vicinity of farmland or farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan Right to Farm Act.” ‘ Much of the urban Detroit environment is returning to wilderness. This statement reiterates the right of owners to farm land that is unplatted or not zoned. The bottom of the form has a place for the notary public. The Michigan Quit Claim Deed must be deposited with the Michigan Registry of Deeds. Michigan land transfer tax will be applicable if a financial profit was made by the conveyance of said property. This might not have occurred from the original transfer, but might be applicable if the new owner sells the property – the profit is the overage price versus the fair market value. "
Can I Get a Free Lie Detector Test?,"There are many reasons one might desire a lie detector test. It could be to verify suspicions regarding spousal behavior, determine the honesty of a teenage child, or simply for a project that requires the use of a polygraph machine. However, lie detectors can also be extremely expensive and difficult to find. Though it is rare to get a free lie detector test, there are ways to lower the cost. There are a number of online services that purport to have free lie detector software. They often require that individuals enter credit card information to receive results, which is conspicuous at best. There are some that are completely free to use, though the accuracy is questionable. Though the process is similar to free lie detection tests available online, those that are purchased are much more complex. Lie detection software comes in a variety of shapes and sizes, but the price can be as much as 1/10 of that of a traditional test. It is important to research different lie detection software packages. Some are well respected while many others are simple novelty items. A personal polygraph machine costs far less than the price of a polygraph exam. Though the accuracy is always in question when not used by a trained professional, the lie detector machines themselves are purported to be accurate. Even more attractive is the fact that the machine can be used multiple times or sold to someone else who may desire to own it.  Voice tests use sub-audible tremors in a person’s response to detecting whether not they are telling the truth. A voice test can be conducted over the telephone, which is easier than traveling for a traditional polygraph and less expensive as well. Though the price of a voice test varies, the cost can be as much as half the price as a traditional polygraph test. The best polygraph a private individual can use is one that is conducted on professional equipment by those who are trained to use them. The cost of these lie detector services are often hundreds of dollars. However, it is sometimes possible to contact a professional and negotiate a lower price. This is especially true of students who are using the test for special projects or reports. "
The Best Way to Find a Pro Bono Divorce Lawyer,"Even in the best circumstances, divorce is difficult. In most cases, emotions run high while funds run low. Divorcing couples usually find themselves with half the funds they once had while debt continues to run high. Perhaps the couple was already deeply in debt, or maybe one partner has frozen the assets. Whatever the situation may be, sometimes it is needed, and possible, to find a pro bono divorce lawyer. There are many instances in which one spouse makes a great deal more money than the other. A judge may order that one spouse pay for the other’s legal fees if the higher-earning individual is fairly well off. A lawyer may take a case based on the premise that a judge will make this order. There are times that a judge will order that the higher-earning spouse only pay partial legal fees, in which case the other spouse must make up the difference. The Bar Association for each state should have a list of attorneys who provide pro bono, or free, services to individuals attempting to divorce. Some of these attorneys are relatively new and seeking experience, but many are those who are simply desirous of doing a good deed for those who need it the most. Generally, these services are reserved only for those who truly cannot afford to pay. This means that the divorcing individual will need to show proof of income, debt, and expenses. Legal aid, sometimes called legal services, is a type of organization that provides help to people with low income. Legal aid often puts individuals in touch with attorneys that will offer advice or full services. All processes are need-based. A quick call to the county courthouse can put one in touch with a facilitator. While a courthouse facilitator is not an attorney, they can help an individual file for divorce on his or her own behalf. The facilitator will make sure the correct paperwork is filed in the appropriate location. They may sometimes be able to help calculate the correct amount of child support and/or alimony that should be requested. A courthouse facilitator is an ideal choice if neither party can afford an attorney. Many divorce lawyers will offer a one-time consultation for a reduced fee in order to help individuals who do not qualify for other programs but still need a lawyer to help with certain situations. When consulting a lawyer, individuals should make sure they know in advance exactly how much will be charged and what will be covered in the allotted time. "
Best Way to File for Bankruptcy in California,"Bankruptcy is not an easy prospect for anyone. Individuals must consider all of their options before they choose this option. However, there are ways to simplify the process once bankruptcy protection is sought. California law can be complex, which is why it is important to consult a bankruptcy lawyer. Individuals opting for bankruptcy in California may choose either Chapter 7 or Chapter 13 bankruptcy. Chapter 7 bankruptcy is sometimes referred to as straight bankruptcy. This form requires that non-exempt properties be sold, often by the court. These are then used to pay all or part of the debts owed to creditors. Loan holders are also given the right to reclaim the property they own, including automobiles and homes. The remaining debt is forgiven. Chapter 13 bankruptcy requires a reorganization of debts. The law allows for individuals to set up a three to five year payment plan on all debts, which keeps homes and automobiles intact. Those who wish to restructure their debt, rather than have it forgiven, must show that they are able to pay loans over a period of time. The first thing a bankruptcy attorney will tell individuals to do is to gather the appropriate paperwork. This will include at least six months of payment documentation. This document must be issued by an employer either physically or electronically. Any income from other sources must be verified as well. If there are any savings accounts, retirement accounts, or life insurance policies, those documents should be gathered as well. Likewise, it will be necessary to have up to four years of income tax returns available. Information about all debt is also necessary. This includes credit cards, house payments, vehicle payments, alimony or child support, and student loans. Any regular bills should also be presented in order to show monthly responsibilities. Find proof of at least six months of utility bills and insurance premiums to present to the attorney. The best way to file for bankruptcy in California is to hire an attorney. Though some may choose to file on their own behalf, the law is far too complex for most people to adequately understand. Likewise, individuals who fear they may not be able to afford attorney fees can find solace knowing that they are likely to save more when utilizing attorney services than when filing on their own. There are special tips for finding the best bankruptcy lawyer. First, make sure the attorney specializes in bankruptcy. Do some research online to find out how long the attorney has been practicing in that field and where he or she obtained the law degree. Also check to make sure that the attorney belongs to the National Association of Consumer Bankruptcy Attorneys. Though this is not necessary, it can be a helpful tool when choosing between multiple lawyers. Last, meet with those attorneys that offer free consultations. It is important to work with someone who is straightforward and honest, which can generally be determined during that first meeting. "
What Are The Potential Problems With Applying For A Green Card In Marriage?,"The United States is well-know as the nation built upon immigration. Unfortunately, with a bad economy and terror threats, the country has become more difficult to move to. Here are some of the potential problems with applying for a Green Card in marriage. The primary goal of the marriage Green Card process is to prove the validity of your relationship by sharing intimate details and joint financial contracts. There is a challenge because of three factors: 1) potential fraud, 2) lower American marriage standards, and 3) the stress of revealing intimate details. Go online and you will see plenty of “available” foreign women who want to reach the United States. Marriage fraud is increasing as employment-based paths to immigration are being restricted. One problem is that after receiving a Green Card, a wife can make false claims of physical abuse and easily avoid any responsibilities in the marriage. Some know how to manipulate the system. In a nation that has a Las Vegas “drive-thru” divorces and a divorce rate above 50%, it can be difficult to gauge a real marriage. If an immigrant “gold digger” marries a wealthy man and gets a divorce after receiving a Green Card, she can argue that she is just being “American.” Who can dispute the claim? Immigration officials ask very personal, intimate and confidential questions during the Green Card application process. This can be embarrassing and reveal potential problems in the relationship. Spouses will begin to question some elements that they might not have considered before. Some people are wondering about separation. While an official legal separation or divorce will void the Green Card, can a temporary separation derail the process? Generally, the immigrant official is looking for a happy, traditional marriage for the Green Card. The paradox is that the immigrant official is looking for honesty. But if a spouse is honest about problems in the relationship, it could lead to the rejection of the Green Card. Marital problems are a natural element of a successful marriage. But having spouses argue in the presence of the immigrant official (while it may be normal at home) may not be wise when applying for a Green Card for lawful permanent residence. "
Is Inheritance Taxable?,"There are many types of inheritance. You can inherit cash, land, vehicles, stocks, money that was saved in a retirement account, rental property, a business, equipment, a payout from a life insurance policy and so on. Many times an inheritance will include a mixture of different assets that were saved and accumulated in different ways.  In most cases, your inheritance is not taxable. Whether you receive money that was in a bank account, cash that was squirreled away somewhere, a direct payout from a life insurance policy or a house, you will receive it free and clear. However, there are some instances in which you will pay taxes on something that you have inherited. Inheriting an IRA or 401k One important and common example of this is an Individual Retirement Account (IRA) or a 401k. If you inherit this type of asset, the money will be taxed eventually. How much tax is assessed will depend on if the account was funded with pre-tax or post-tax dollars. If pre-tax dollars where used to fund the account, the entire amount of each distribution will be taxed. If post-tax dollars where used to fund the account, only the interest that has accumulated on the distribution will be taxed. This latter is because the money was already taxed before it was put into the account. Regardless, the money will not be taxed as long as it remains in the account.  Selling an Inherited Property If you inherit a home, land, stock, etc. and sell it, you may be taxed on some of the proceeds. The property is given a fair market value, which is based on what it was worth when the decedent died in most cases. If you sell the property for more than the fair market value, you will pay taxes on the gain. If you sell it for less than or equal to the fair market value, you won’t be taxed on the money at all. Earning Money from an Inheritance Any money you make off of an inherited asset will be taxed, just as any other income would be taxed. If you inherit a rental property, the rent you make off of it will be claimed and taxed each year. The same goes for dividends from an inherited stock and money made from an inherited business.  Tax laws can be tough and complicated, but with this handy guide you will be able to determine the taxable status of the most common types of inheritance. "
How To Use A Small Estate Affidavit,"As the world seeks faster and cheaper solutions to common problems to handling financial matters, the traditional probate court process has become overly burdensome in terms of time and money. When an estate consists of a small home or few valuable assets, then it can qualify as a Small Estate. The Small Estate Affidavit can be used to expedite the asset distribution process after someone dies. While a close family member could fill out the Small Estate Affidavit, the information and duties present in the form are really better suited to the executor or personal representative of the Deceased’s estate. The primary function is to provide a list of relevant information for the probate court in order to accelerate the process of distributing the real property. The person who fills out the firm is called the Affiant. The Affiant must estimate the gross value of the estate before even starting to fill out the form. The definition of a Small Estate varies by state, but is generally below $100,000 or $150,000. Imagine the price of a small home. Some states will not accept the Small Estate Affidavit. The first item to be filled in for the Small Estate Affidavit is the mailing and physical address of the Affiant. Next, the relationship of the Affiant and the Decedent must be established and confirmed by answering the following questions: Deceased name, residence at time of death and date of death. The Affiant must attach a copy of the death certificate to the form. Were all funeral expenses fully paid? Was there a will? And if the Affiant has possession thereof, how did he get the will? Are there any codicils to the will? A list of surviving spouse and children must be made along with residence addresses. The list of debts to persons and organizations must be listed also. One of the most important sections is the list of fair market value of personal property and the intended recipients of said property. The Affiant must testify if he knows of any disputes or potential conflicts regarding heirship. When completed, the executor should present this form to a probate judge. Then the executor can commence with his administrative duties of distributing assets to the heirs. "
What Is A Trustee’s Deed Upon Sale?,"When property has been placed into a trust, then the Trustee gains legal control to make decisions on the behalf of the beneficiary. If a beneficiary falls behind in making payments on his property in a trust, then the property can be foreclosed upon. Here is a description of the Trustee’s Deed Upon Sale. A Trustee holds property on behalf of another party. This could be for an underage child or a senior citizen as a method of estate planning. The Trustee’s Deed Upon Sale is a process for transferring property that has been foreclosed upon. Due to his legal authority, the Trustee can complete legal transactions without the use of courts. The terms for this action are the following: 1) the Trustee is the third-party authority, 2) the Trustor is the borrower and 3) the Beneficiary is the Lender. When the Trustor borrows against his property, he creates a lien on said property. If the trustor fails to complete his duties for making payments on a property in a trust, then the Trustee can foreclose upon said property. The Trustee will issue a Notice of Default (NOD) to the delinquent Trustor. Every step of this process is carefully recorded. The Trustor has 90 days to pay all the penalties and fulfill his financial responsibilities. If the Trustor does not satisfy these requirements, the property will be sold. More people are creating more complex estate planning legal protections, like Trusts. As parents age, they may have valuable assets that could be lost due to their making improper decisions. By establishing a responsible Trustee, family members can ensure that all legal procedures are followed and the valuable assets of an estate are well-protected. The Trustee’s Deed Upon Sale must be publicized for three weeks. The highest bidder at the courthouse auction receives the property. The Trustee’s Deed Upon Sale is a faster process than the traditional foreclosure process. Many courts are being bogged down with a large docket of foreclosed homes. The Trustee’s Deed Upon Sale enables buyers of the property to take advantage of any prime real estate market conditions. It is another valuable option that ensures that the legal rights of the Trustor and Lender are fully respected. "
How Do I Get A Restricted License After A Dui Conviction?,"DUI convictions are serious ones that come with severe consequences. People who are convicted of driving under the influence almost always have their driver’s licenses suspended or revoked for a period of time. However, people who must commute back and forth to work or school might need to be able to drive, especially if they live in rural areas where public transportation isn’t abundant. In some cases, people may be issued restricted driver’s licenses that allow them to drive for business purposes, which includes driving to work, school or church. Even before people are convicted of DUIs, they lose their driving privileges in most states just upon being charged with them. Most states immediately issue people charged with DUIs temporary licenses that last between 30 and 60 days to allow them time to find an attorney, plan their defense and work on getting a restricted license. Usually, the arresting officer will confiscate the offender’s license and issue him or her a citation that serves as a temporary license. Within the first 30 days of being charged with a DUI, however, offenders can schedule an administrative hearing with their DMVs to attempt to obtain a restricted license. In the administrative hearings, usually a preponderance of the evidence is considered to determine whether or not people can receive a restricted license that allows them to continue driving while their cases are ongoing. People who weren’t granted a restricted license before their convictions might still be able to receive them after their convictions. Each state has different laws that govern work-restricted licenses for those who need their driver’s licenses to commute back and forth to work. In order for some states to agree to grant work-restricted licenses, they might require that the offenders have ignition interlock devices installed in their vehicles that monitor their blood alcohol content levels by periodically requiring the drivers to blow into the devices while driving and before even starting up the vehicles. People can apply for work-restricted driver’s licenses at their local DMVs. In order to obtain restricted licenses, they must also comply with all their court-ordered provisions, such as any alcohol treatment programs and probation requirements. People who are convicted of DUIs lose their driving privileges for a certain amount of time. However, those who need them for work purposes might be able to get licenses that allow them to drive solely for getting back and forth from work and school. "
What If You Refusee To Sign Divorce Papers?,"Some people might not want to end their marriages even though their spouses do. Therefore, they might want to simply refuse to sign the divorce papers in hopes that will force the other parties to stay married to them. However, in reality, refusing to sign divorce papers only delays the inevitable and makes it more difficult for the parties seeking divorce to obtain them. While refusing to sign divorce papers might buy the party against divorce more time, generally, someone cannot be forced to stay married to another person. Some people might refuse to sign divorce papers not because they want to stay married to the other parties, but because they don’t agree with the stipulations laid forth in the divorce papers. In such instances, compromises and negotiations can be made until terms that both parties can agree to have been reached. If an agreement cannot be reached between both spouses, then the matter must go before the court for a hearing and can even lead to a trial. There are two types of divorce: no-fault and fault. In fault cases, the reasons for the divorce are considered, such as whether one party committed adultery and broke a marriage vow. In such cases, the party that broke a vow might not be awarded as much property as the other party. No-fault divorces don’t attribute blame to either spouse for the end of the marriage, so adultery and other fault-related actions are not considered in no-fault divorces. In no-fault states, refusal to sign divorce papers will not result in the divorce not being granted. In fault states, refusal to sign papers will generally result in a trial, but in almost every case the judge will find that there were grounds for divorce since one party does not want to be married to the other. Additionally, each state has different rules governing divorce, so reasons for divorce that are recognized in one state might not be recognized in others. Most of the time, accepted grounds for divorce in most states are irreconcilable differences and separation. Although both parties might not want to get a divorce, refusing to sign divorce papers will not necessarily stop the divorce process. At best, it might only delay it and allow the party who wants to stay married more time to try to convince the other party to do so. "
Legality Of Tape Recording A Conversation?,"There are many situations in which recording a conversation with another person might be convenient. Reporters interviewing the subject of a news story might wish to record the session to ensure accuracy. A consumer embroiled in a dispute over a bill might decide to record a telephone conversation with the creditor’s representative to use if the matter goes to court. Depending upon the circumstances or the situation, recording an in-person or telephone conversation might be a good idea, but care must be taken not to violate the law.  <b>Laws Controlling the Recording of Conversations</b> Most state legislatures have enacted laws governing the recording of conversations, but states differ on the procedures that must be followed in order to avoid violating the laws. Federal law also restricts the manner in which conversations are recorded.  Under federal law, at least one of the parties to a conversation must be aware that it is being recorded. This is also the law in a majority of the states and in the District of Columbia. A conversation between two people could be legally recorded by one of them because the person doing the recording is aware of it. The same holds true for conversations involving three or more people where the person recording the conversation counts as the consenting party.  A person engaged in a conversation with another individual might violate the law if a third party joins the conversation. As long as the person doing the recording is part of the conversation, it is permitted in those states and under federal law requiring only one-party consent. Problems arise when the party recording the conversation leaves, but the recording device continues to operate. Under those circumstances, the departure of the person with knowledge of the recording could make continued taping illegal. <b>Multiple-Party Consent Rules</b> States that do not follow the one-party consent rule have enacted laws making it unlawful to make a recording unless all parties to the conversation consent to it. If a new individual joins a conversation that is already in progress, that person must be informed of the taping and must consent.  <b>Effect of Court Decisions</b> Care must be taken in states where the law requires the consent of only one party to a conversation for it to be legal. Courts have interpreted the laws in some one-party consent states to require the consent of all parties to a conversation. An example of this is the state of Nevada. "
Getting A Refund On A Western Union Money Order,"Western Union is a convenient way for people to instantly send money to other people, no matter their locations. However, situations might arise in which the money gets lost, stolen or the senders might simply change their minds about sending the orders and want to retract them. Getting a refund for a Western Union money order is possible with the appropriate documentation and by going through the proper channels. People can fill out a Trace/Refund request form to track down where their sent money is and request a refund of it. In order to get a refund, though, people generally must go to the original Western Union locations where they purchased their money orders and have their receipts in hand proving their purchases of them. It is also a good idea for them to know the serial numbers of the money order as well as the amounts that they sent because as long as they know this information, they can still fill out refund request forms even if they don’t have their receipts. If people don’t have their proof of purchase receipts and merely fill out refund request forms with the serial numbers and amounts of the money orders, then they must call Western Union’s customer service number and speak with a representative to obtain a Western Union affidavit that verifies their identities. Such affidavits serve as substitutes for proofs of receipts. When individuals have the affidavits sent to them, then they fill them out and have them notarized to make them valid.  How Do I Transfer Money from India to China? Processing fees are required to: The amount of the processing fee depends upon the amount that the money order was for. People who act promptly and file for tracking and refunds of their money orders before the orders are cashed can expect to receive their refunds more quickly. Usually, if the money orders haven’t been cashed yet, then they can expect to receive their refunds within 30 days or less. However, if the money orders have already been cashed, then Western Union might require an investigation to be conducted into the money orders. They might also require bonds of surety to issue refunds too pending the results of the investigations, though. Receiving refunds for Western Union money orders is possible, although it might take a bit of time. Still, when people send large amounts of money and need it back, it might be worth the wait and hassle for them to get their money back. "
Who Is Responsible For Paying Medical Bills After Death?,"The health care, medical and hospital bills for many Americans can accumulate very rapidly. When someone dies, the heirs might wonder if the medical bills die with him. Who is responsible for paying medical bills after death? When the Deceased has a will, the property will be distributed into the legal entity called the “estate.” This creates a solid asset base, which can be decreased or increased based on claims against it. The executor or personal representative of the estate will be responsible for adding up the value of all the personal property in the estate. Using accounting terms, these will be totaled as the Credits. Next, the personal representative of the estate will tally up all the Debits. This could include: The executor will compare the Credits and Debits to determine if there are enough assets in the estate to pay all the bills. If there are enough assets to pay all the bills, then the estate is considered to be Solvent. The assets will be used to pay off the debt. Anything leftover will be given to the beneficiaries.  An Insolvent Estate involves a situation when the Debits are higher than the Credits. The executor of the estate must follow applicable federal or state law to prioritize bills for the distribution of assets. Usually, debts owed to the government will be paid first. The executor can make full, partial, or no payment to the different creditors making claims. In the end, beneficiaries are unlikely to inherit anything from the Insolvent Estate. They also will not be held responsible for any of the medical bills. How Many Americans Go Bankrupt Due to Medical Purposes Each Year? The important factor to note when there are medical bills and no will is that those who “make claims on the estate assets also have responsibility for paying off the debts of said assets.” The “heirs at law” or “beneficiaries” will inherit both credits and debts when there is no will. Most medical debt will be subtracted from the total value of the personal property of the deceased. Thus, because there is no credit to inherit with a medical bill, the beneficiaries will not inherit the debt. "
How to Press Charges After an Assault,"Are you the victim of an assault? Maybe you know someone who is, or you’ve witnessed one take place. Either way, an assault is a serious offense in the eyes of the law, and pressing charges against an individual or group of people is an effective way to begin the process of finding justice, closure, and peace. Whether you’ve seen an assault happen or experienced it firsthand, it is extremely important to know what your options are. Here’s a look at how to press charges after an assault: Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably. And while they naturally overlap, there is a difference between the two when it comes to specific charges that can be filed against a person. By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed. Battery, on the other hand, is when the aggressor physically harms someone. Both assault and battery can be classified as civil or criminal. This is an attempted battery or threat. The aggressor must have the intention of hurting the victim, regardless of whether they do or not. To be considered simple assault, it must be reasonable for the victim to believe that the aggressor was going to harm them. There also must be some sort of harm involved, whether it is physical harm or the fear of physical harm. The consequence of a simple assault usually results in a misdemeanor. Aggravated assault, on the other hand, is more involved than simple assault. These crimes typically involve the use of a weapon and result in serious injury to the victim. When being tried in court, the crime is normally classified as a felony depending on the harm. Battery is when an aggressor follows through with physically harming someone. Both assault and battery are criminal acts and are punishable by court. The most common punishments for assault and battery are jail time and fines. Keep in mind, some jurisdictions join the terms assault and battery to describe cases that involve elements of both crimes. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station, you may call them over the phone. All you have to do to kickstart the process is express that you want to press charges. From there, the authorities will request follow-up information from you in order to accurately fill out the assault report. Generally, this information includes: In many assault situations, the victim does not know their assailant; in this case, the authorities will simply ask for descriptions of them. Throughout this initial process, the person filing charges may need to release any information about potential witnesses, as well as details in writing. And while your memory of the incident is pivotal, don’t let a lack of memory deter you from turning someone in for the crime. After filing the charges, remember to keep a record of the assault report, as well as maintain the integrity of any evidence you have in your possession that could help the authorities. If you are looking to press charges for an assault, or if you already have pressed charges, it is advisable to find legal representation. Victims who have been harmed by an aggressor in an assault should hire a personal injury lawyer. The attorney will be able to help you pursue a lawsuit against the aggressor for the physical and mental damages they have caused. If you are the one being accused of assault or battery, look for a criminal defense lawyer to represent you. However, if the victim is suing you for their injuries, hiring a personal injury defense lawyer will be your best bet. After police officers obtain the details that they need from the victims, they will then issue the victim’s copies of the reports that they filed. After that, the complaints will be taken to the prosecutor’s office where the prosecutor will look over the report to determine whether or not he or she believes there is enough information contained within the report to prosecute the assailant. If the prosecution believes that there is enough evidence to prosecute, then an arrest warrant will be issued for the assailant’s arrest from the judge. Additionally, police officers will investigate the crime further to obtain any additional evidence. If the aggressor is prosecuted for the crime, the victim may be able to receive some financial compensation from the government, as well. This is known as the Crime Victim Compensation, which is intended to help with expenses accrued from medical bills, therapy, lost income, and funerals. When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, restraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be. Pressing assault charges might sometimes be necessary for some people to put incidents behind them and receive a sense of closure. However, they should ensure that they follow the appropriate procedures to do so to ensure their safety and the successful convictions of their assailants. The amount of time you have to press charges for an assault depends on your state’s statute of limitations, which typically ranges from a couple of years to six years. However, it is always advisable to report the crime regardless of how long it has been. The sooner you press charges for the assault, the better the investigation will be. Keep in mind, in instances where people are assaulted but police officers were not called on the scene or did not arrive on the scene in time, people can still press charges against their assailants by following the appropriate channels. To learn more, here’s a look at how long do you have to file a police report. There are many variables at play when it comes to the criminal justice system. If you or someone you care about needs legal assistance concerning an assault, get a free case review from a local attorney. "
How To Sign Over A Car Title To Someone,"The title to a car is perhaps the most important document associated with it because it denotes the right of ownership to it. When people sell their cars, simply receiving money for the car and handing over the keys to it does not completely turn over ownership of the vehicle. Another very important step must be completed, and that is the step of signing over the title of the car to the purchaser of it. Although the specific process for signing over a car title to someone varies from state to state, the basic procedure is relatively the same in each state. The owner of the vehicle must locate the current title of it. Without a valid title of a car, the car cannot legally be sold. Car owners who have lost their titles or their titles became damaged can apply for lost titles for a fee from the Department of Motor Vehicles where the original car title was issued to them.   The sale details for the sale that was made must be documented. Some states have provided blanks on the titles themselves to accommodate for sales that transfer ownership, whereas other states might require that buyers and sellers present a bill of sale and a signed document containing information about the car sold and the transaction. Bills of sale can usually be obtained at DMV offices, generic ones can be found online or people can simply draw up their own. Some of the information that must be contained in such documents includes: If the car was given as a gift, then the price of the car would simply be denoted as $0. The last step to signing over the title requires that the current owner(s) of the car and the future owner(s) of the car all sign the document transferring the title. Some states may require that the document be signed in front of a notary. Once the title has been signed by all parties involved and notarized (if applicable), then ownership of the car has been properly transferred. Signing over a car title to someone is relatively simple. However, before doing so, people should ensure that they have received payment for the vehicles because once the title is signed over, then the other party owns the vehicle. To learn more about car titles, check out How to apply for a lost car title. "
How To Petition The Court,"Petitioning the court is the act of asking the court to hear a case. Any case that is heard before a court, no matter whether it is a divorce case or a child custody one, must first go through a petition. Petitioning the court consists of filing the appropriate forms to request permission from the court to have a certain matter heard. Although the general process of petitioning the court is a relatively simple one, it can seem overwhelming to people who’ve never done it before and don’t know all the requirements governing the court system.  <h1>Obtain the Appropriate Forms</h1> Petitioners should determine the types of forms that are needed to file the types of petitions that they want to file. For instance, people wanting to file bankruptcy must obtain bankruptcy forms, people wanting to file for legal guardianship of a minor need guardianship forms and so on. Many forms can be obtained online, but they can also be obtained by visiting county courthouses and speaking with the clerk of courts. Clerks might charge people a fee to print such forms for them, though.  <h1>File the Forms</h1> After obtaining the appropriate forms, individuals simply fill them out completely and then file them and pay the required filing fee. Many petitions have filing fees, and some fees are more expensive than others. For instance, it might cost more to file a bankruptcy petition than it does to file a guardianship one and so on. People might also have to sign their forms in the presence of a notary as well. Some states require that they do so. Evidence and other types of supporting documents for a case may be submitted with petitions as well. For instance, dates of separation and statements of income might be required for divorce petitions, whereas credit counseling certificates might be required for bankruptcy petitions. When filing the forms, generally three copies must all be made, signed and filed. Each copy will them be stamped with information containing the case number, trial or hearing date for the matter and the court where the case will be heard.  Petitioning the court is a relatively simply process that mostly requires time and legwork to ensure that the appropriate forms are filed. People who retain the services of lawyers can expect their lawyers to do all the filing of petitions for them. However, those that want to go it alone can file their own petitions by following the appropriate procedure. "
How Do I Know If I Have Outstanding Traffic Tickets?,"Having outstanding traffic tickets can lead to serious legal and financial consequences. Some outstanding tickets also lead to individuals having warrants out for their arrest that could lead to increased fines and even a jail sentence. However, individuals might not always know if they have any outstanding traffic tickets. Fortunately, there are ways for people to find out whether or not they have any outstanding traffic tickets so that they can take care of them and get any outstanding balances off their records. Perhaps the easiest way to determine whether individuals have any outstanding traffic tickets is for them to simply call their local Department of Motor Vehicles offices and get one of the clerks there to run their driver’s license numbers for them. Driver’s licenses that have outstanding tickets will usually show up in the DMV’s database since outstanding tickets can affect an individual’s driving privileges. Some state’s DMVs also offer online search tools that allow people to search their driver’s licenses themselves. The returned results will usually contain information on all: All these are associated with the driver’s license numbers that were inputted into the search fields.  Alternatively, people can also determine whether they have any outstanding tickets by calling the county clerk’s office of the county in which they think that they might have outstanding tickets. Some county court websites offer online tools that allow users to run their driver’s license numbers to determine whether they have any outstanding tickets in their counties. This is an ideal way for people to check for any outstanding tickets without necessarily drawing the county’s attention to the fact that they have outstanding tickets. How to Defend Yourself in Traffic Court There are also a variety of third-party sites that allow people to find out whether they have any outstanding tickets. These types of sites might be most ideal for people who have had driver’s licenses from more than one state and want to get all the information in one report. Third-party sites can help cut down on the time and expense that it would take them to order a separate driver’s license report from each state that they’ve ever had a driver’s license in. Addressing any outstanding traffic tickets is essential for people who want to clean up their driving records and keep their financial records unaffected as well since traffic tickets can have a negative impact on credit scores. Determining whether or not individuals have any outstanding tickets is relatively simple to do as well. "
Looking Up Free Arrest Records,"If you are looking to find someone in jail, you have a few options. If you’re not sure where to start, trying to find an inmate may feel overwhelming. So before you start Google searching every jail in your area, let’s walk through the basics. Do you know the person’s name, address, or date of birth? Maybe you know the county, city, or state where they committed the crime or even when and where their hearing was held. Obtaining as much basic information as possible will simplify the process. We’ll walk through how to find out if someone is currently in jail and explore the best way to find which jail or federal prison they’re in. There are several reasons why you might need to find out if someone is in jail. Oftentimes, people know someone who was arrested and they want to know if they are still incarcerated. Other times, families that move to a new area want to do research on convicted sex offenders. And sometimes, family members are in search of relatives they have not heard from in a while. In any case, finding out if someone is in jail starts with knowing where the crime took place. Even if you do not have the name of the criminal, you can quickly narrow down your search if you know which jurisdiction to focus on. To find someone in jail, you can start with your State Department of Corrections. If you go to the state’s web page, you will be able to find a phone number to contact. You’ll also find resources like Sex Offender Registry, Offender Contact information, and Offender Visitation forms. Many states will also have a search feature. Some state websites will refer to this as an Offender Database Search or an Inmate Search. If you are unsure where to look for this feature, simply Google the state followed by “department of corrections inmate search.” It’ll be in one of the top search results. Some counties do not have an online search feature, so you may have to call. If the jail you call is not where the inmate is located, try contacting nearby jails. If the person you’re looking for was recently arrested, their information may not be in the system yet. You can always check every week or two. But typically it’s harder to find their information because arrestees are held in the county jail until they have a trial and are released or transferred to a more permanent location. However, if the person you are searching for has been in jail longer than a month, you can use a few other resources to find out where they are located. Once you have determined someone is in jail, you can start your search. If you know the jurisdiction where they were arrested, you can call the jail. The Department of Corrections will be able to release public information to you about the person. Like their name, age, birthday, and gender. However, there are other ways to find someone in jail for free if you have limited information about them. The best way to find someone in jail for free is VINE (Victim Information and Notification Everyday). A victim notification network that “provides the most reliable information for custody status changes and criminal case information.” On the site’s homepage, select the state where you want to search. Navigate to the “Find an Offender” button, where you will be prompted to type in the Offender ID number. Or, if you don’t know it, the inmate’s first and last name. You can also select “Advanced Search” to add the inmate’s facility name, date of birth, and age range. When you find who you are looking for, you will see their inmate/offender ID, date of birth, race, gender, custody status, location, and scheduled release date. Anyone interested in the status of an inmate can register to be notified when the inmate is released or transferred. Notification is done by phone or email. Note: VINE does not provide information on federal prisons, only local jails and state prisons. VINE is updated every day. Finding someone in federal prison is a lot like finding someone in jail. The best way to locate information on a federal prisoner for free is to go to the Bureau of Federal Prisons. Then, go to the inmate locator tab. You can search by inmate number or name. A list of results will appear with the inmates’ names, ID number, age, sex, race, and release date, or prison location. If you select the prison’s name, it will take you to that location’s website where you can find additional details. Of course, if you know which jail or prison the inmate is located at, you can pull up its website and do a search. At least then you’ll know if the offender is still in custody. Not all jails or prisons have this information online. In that case, simply call the jail or prison and ask them to provide the inmate’s status. VINE and the BOP website are by far the best resources to find someone in jail for free. Their sites are constantly updated and contain the most information on inmates nationwide. Another great free website is Inmates Plus. Click on the state where you want to search and then two options appear. One option is a search for the state prison. The second option is to search by county jail. Inmates Plus is updated daily. You know of someone who has been in jail or prison, but you’re unsure when they will be released. You can find an inmate’s release date by calling the state’s Department of Corrections, searching their online database, or use a resource like VINELink. Although release dates are subject to change based on the inmate’s behavior. If the inmate is incarcerated in a smaller facility, their release date may not show up on large databases. If the inmate’s case was followed by the public, sometimes their release will be covered on local news stations. To learn more about this process, check out our step-by-step guide on  How to Find an Inmate’s Release Date. People might need to look up mug shots for many reasons. Some are looking for information on acquaintances who were arrested. Others are looking for their own mug shot. Still others may be browsing out of curiosity. Whatever their reason, finding local mug shots is easy. Several resources can be consulted, and the information is usually freely available. In some jurisdictions, mug shots are public record. Accordingly, it’s very easy to browse through the pictures. Start with the law enforcement agency’s website. These are easy to find by putting a county name and the words “sheriff’s department” into an online search engine. City police departments and highway patrol agencies may also have accessible websites. If mug shots are available, they should be easy to find by clicking on a link labeled “booking blotter” or something similar. This is probably the easiest search method available, particularly if you know which agency arrested the individual whose mug shot you’re seeking. If you’re not able to locate the particular mug shot you’re seeking, consider calling the law enforcement agency. They may allow you to come down to the station to search through their books of mug shots. Some online companies provide people with an opportunity to search for a mug shot through their website. This is often a fee based service, but it may make sense to try this if you’re not able to locate a mug shot through a law enforcement agency. If the company does not already have the mug shot you’re looking for in their database, they may be able to request it from the proper authorities. This may involve an additional fee. Some jurisdictions do not post mug shots online and instead require people to visit in person. County or city jails may be able to accommodate your request to review mug shots. It’s generally advisable to call first to make certain that coming in person to ask to view mug shots is permissible. Where mug shots are considered public records, it is not unusual for various media outlets to publicize them. Check websites for local networks and newspapers, as they usually post recent mug shots on their page for local news. Like using a law enforcement website, this is an easy method for obtaining mug shots. If someone you care about is in jail or prison and needs legal help, you can get a free case evaluation to help you plan your next steps. "
Best Way To Change Your Name On Your Social Security Card and Passport,"There are a number of reasons why you may need to change the name on your passport, from simply correcting an error to having your passport reflect major changes in your life. While changing the name on your passport may sound like an arduous task with lots of red tape, the truth it that a passport name change is usually fairly easy and straightforward. Even better, the sooner you act on changing the name on your passport, the quicker the process will often take. While a passport name change is something many people will have to deal with at some point in their lives, most people are largely unaware of how to go about changing the name on their passport. Below is a brief guide to doing just that. If you need to change the name on your passport because of a printing or spelling error then the process is relatively straightforward. Correcting an error, including not just name errors but errors relating to gender or date/place of birth, are free of charge, both for minors and adults. To correct an error you will need to fill out Form DS-5504 and mail it to the U.S. Department of State along with a color photograph and proof that there is an error on your passport. Keep in mind that if you report the error within one year of receiving your passport then your new passport will be valid for 10 years from when the new passport was issued. If, on the other hand, you wait for more than a year then the new, correct passport will have the same expiration date as the old, incorrect passport. People change their names for a variety of reasons, most often because of a marriage or divorce. Some people, meanwhile, may need to obtain a court-ordered name change, whether for personal or security reasons. If you have changed your name then you will need to apply for a new passport, but how you do so will depend on your unique situation. For example, if it has been less than a year since your last passport was issued then you can just use Form DS-5504 as described above. If, however, it has been longer than a year since your last passport was issued then you will need to verify if you are eligible for submitting Form DS-82. You are eligible for this form if you are able to submit your most recent passport, your most recent passport was issued less than 15 years ago, you were over 16 years of age when it was issued, the passport has not been lost, stolen, mutilated, or damaged, and either your current name is the same as on the last passport you held last or you can provide documentation of your name change. You will need to submit originals of your name change documents along with any applicable fees. Both Form DS-5504 and Form DS-82 can be submitted by mail. If you are not eligible for Form DS-82 then you will need to go to an Acceptance Facility or Passport Agency in person and fill out Form DS-11. You will also need to provide originals of your name change documents along with proof of U.S. citizenship, a photocopy and original of a valid I.D., a color passport photo, and any applicable fees. Even if your valid I.D. has been issued in your new name, you will still need to provide documentation of the name change, such as a court order. As the above shows, getting a passport name change is relatively simple. However, you will need to know which form to use for your particular situation in order to complete the passport update faster. "
Can You Expunge a Shoplifting Charge From Your Permanent Record?,"Shoplifting is a serious matter. If a person is convicted of shoplifting, it is unlikely that he or she can have the charge removed from their permanent record. However, there may be some methods that can help. In all cases, it is important to have legal counsel to help in these endeavors. Likewise, it is important to note that laws vary from state-to-state. The first step is to understand the difference between being arrested for shoplifting and being convicted. A shoplifting charge may or may not appear on a person’s permanent record. If it does, this charge can weight negatively on a person’s credit score or ability to get a loan. It may also appear on a criminal background check, which can negatively affect entry into educational institutions and job offers. Even without a conviction, a petition for expungement requires an attorney and an appearance before a judge. Some states make allowances for misdemeanor convictions that appear on one’s record prior to turning 18. Some states have raised this age as high as 21. However, these laws do not guarantee that the crime will be expunged. They simply make it easier to complete the process. Most states do not have laws in place to protect those who have been convicted of felony shoplifting charges. However, some states will allow these charges to be “set aside,” which generally removes the charge from one’s permanent record. A motion must be filed with the court to remove the charge. The state prosecutor can then choose to object to the motion or pass. States can have different time frames in which the prosecutor can respond, but in most cases this is about three months. If the prosecutor does not respond during this time, it is the judge’s decision. A qualified attorney and a clear record since the conviction can greatly aid in this process. If the charge is a misdemeanor, it is more likely to be set aside. It can take as long as eight weeks to remove a charge from one’s permanent record after the judge has made his or her decision. Individuals should contact the Criminal Records office of the Justice Department in the state(s) that they were convicted. This process varies, but often includes the completion of a request form, a fingerprint scan, and a processing fee. If the charge has not been expunged, it is possible that the individual has not waited long enough for the change to have taken place. Otherwise, individuals can complete a Claim of Inaccuracy that will then be filed along with the criminal record. "
Filing A Police Report For Stolen Property,"When people’s belongings are stolen, they yearn for a sense of justice and compensation. In many cases, stolen property is never found, and the culprits are never apprehended for their actions. Part of the reason for this may be due, in part, to people not filing police reports about their stolen property or not filing those reports accurately enough to increase their chances of getting their stolen property back. Following a few tips can help increase individuals’ chances of getting their stolen property back and apprehending the thieves. Taking immediate action once the discovery has been made that items have been stolen can make a huge difference in the likelihood that the items and takers of the items will be found. Individuals who have been the subject of theft should call their local police departments as soon as possible and provide them with as many details as possible, such as exactly: Individuals should also obtain the names of the officers that they spoke to for future reference. Individuals may also request for an officer to be sent out to speak with them. Any photographs of the stolen items would prove helpful in assisting police officers with locating them. Provide as much information as possible to the investigating police officers. Additionally, individuals should request their case numbers and refer to them when they are conducting follow-ups concerning their cases with law enforcement agencies. This helps ensure accuracy and save time in future communications with law enforcement agencies.  How to Obtain Police Reports Individuals should also obtain a copy of the police report that was filed in connection with their missing items. Then, they can read over the reports for accuracy and ensure that nothing was left out and that no errors were made. These reports are the ones that investigating officers refer to, so it’s important that they are accurate. While it is the duty of law enforcement agencies to look into all reports that they receive, cases such as those concerning stolen property may sometimes get pushed to the side if the filers of the reports don’t follow-up on them and keep them fresh on officers’ minds. Therefore, individuals should conduct periodic follow-ups, asking officers if anything new has been admitted to the property room and whether any new leads have been made into the recovery of their items. Filing a police report for the stolen property is the first step to getting back the stolen property. However, providing law enforcement agencies with as much cooperation and assistance as possible is key in helping them recover individuals’ stolen property. "
What Does 414H On My W-2 Forms Mean?,"A W-2 statement is confusing for even the most financially savvy individuals. During tax time, employees must pay attention to these financial statements even for those who are hiring tax preparers to handle their end-of-year finances. It is important to understand all components of a W-2 in order to ensure that the forms are correct. Can You File Your Taxes Online Using Your Last Pay Stub from December? Not everyone will see a 414(h) code on their W-2 forms. This code is specifically for government employees who are part of tax-deferred retirement plans. Employees of educational institutions might see 403(b), whereas employees of private institutions might find the more familiar 401(k). Box 14 of the W-2 statement likely has a dollar amount listed with the 414(h). This is the number of funds that were contributed to the retirement plan. The 414(h) funds are not taxable. This means that they are removed from the paycheck and placed in the special retirement savings account prior to taxes being assessed. There are multiple reasons to take advantage of a tax-deferred savings account. The first, and likely most important, is that it allows one to save for a future date when he or she chooses to stop or is unable to continue employment. The sooner a person begins to contribute to a 414(h), the more money they will have upon retirement. Another reason to contribute to a 414(h) is to reduce taxable income. This saves on payroll taxes as well as year-end taxes at the federal level.  A tax-deferred plan is one that is not taxed at the time the money is put into savings. However, when the money is removed, it will be considered taxable income. That means that anyone who uses their 414(h) will need to factor in the amount that is used for taxes along with their living expenses. Tax-free accounts are those that are never taxed. These are rare in the United States. When money is withdrawn from a 414(h) plan, it is considered taxable income. Those individuals who are considering an early withdrawal will face an additional penalty tax of 10 percent. "
Definitions Of Probable Cause Vs. Reasonable Suspicion,"Probable cause and reasonable suspicion are two of the most important concepts in deciding when it is appropriate for police to make an arrest, search for evidence, and stop a person for questioning. Probable cause and reasonable suspicion have evolved through state and federal court decisions, but they began in the U.S. Supreme Court. The Fourth Amendment to the United States Constitution states that people have the right to be free from unreasonable searches and seizures. It goes on to specify that a search warrant cannot be issued unless there is probable cause for doing so. The Constitution does not offer a definition of probable cause. Providing a definition was left to the justices of the Supreme Court. The Supreme Court has interpreted the Fourth Amendment use of the word “seizure” to mean both the seizure of evidence and, as in an arrest, the seizure of a person. The Court also applied probable cause to: According to the Supreme Court, probable cause to make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed, or is about to commit a criminal act. The officer must be able to articulate the facts and circumstances forming the basis for probable cause.  Probable cause to search for evidence or to seize evidence requires that an officer is possessed of sufficient facts and circumstances as would lead a reasonable person to believe that evidence or contraband relating to criminal activity will be found in the location to be searched. As with an arrest, if an officer cannot articulate the facts forming the basis for probable cause, the search and seizure will not hold up in court. Probable Cause Arrests vs. Arrest Warrants Reasonable suspicion is a standard established by the Supreme Court in a 1968 case in which it ruled that police officer should be allowed to stop and briefly detain a person if, based upon the officer’s training and experience, there is reason to believe that the individual is engaging in criminal activity. The officer is given the opportunity to freeze the action by stepping in to investigate. Unlike probable cause that uses a reasonable person standard, reasonable suspicion is based upon the standard of a reasonable police officer. "
How Do I Get A Copy Of A Police Report?,"Police investigations may seem secretive, but did you know you can get your hands on a copy of an official police report? Whether you’ve been in a car accident, you’ve witnessed a crime, or you simply want to know about an incident that happened in your jurisdiction, there are steps you can take to request access to police reports. The exact process may vary by jurisdiction, but it is generally the same across the country. Agencies have different policies for releasing sensitive information that is in police reports, so be sure to check with your local police department to confirm how they handle requests. As you are researching, you may find the request titled a “Freedom of Information Request” or a “Public Access Request.” Different areas use varying language, but they both mean the same thing and are referring to the Freedom of Information Act (FOIA), which makes it entirely legal for citizens to request certain government information. Reports will include details of the incident, where it took place, who was involved, witnesses, and much more; essentially, it is anything that is even remotely relevant to the case. But keep in mind, you will not be able to receive a copy of a police report until after the police investigation has been closed. So, how do you get a copy of this information? Check out the steps below. Requesting a police report is simple. You can do this one of two ways: either in person or by mail. Many jurisdictions have certain policies outlining how Public Access Requests must be made, so don’t jump the gun before you know if they require you to send in a request or visit the agency in person. To find out how they handle requests, simply search the name of your local police department, followed by “Public Access Request.” The link for the Records division should be in one of your top search results, which is where you will find out if your jurisdiction takes requests by mail, in person, or both. Record the address of the agency so you know where to go, or where to send it in the mail. Bring with you a form of identification like a driver’s license or passport. If you are making the request on behalf of someone else, you will need to have a notarized letter with you. Most agencies require a small request fee. If you were directly involved in the incident – whether as a victim, witness, or defendant – you may receive a verification slip from the authorities to let you know that a police report has been filed. Bring this slip with you to exchange for the police report. The Records and Identification Division may have exclusive hours throughout the day that are not your typical business hours, so be sure to verify online. They will ask you for your information, as well as basic information about the case. Then, they will take your payment to cover the request fee. In some areas, you may have to pick up a copy of the police report in person, but some agencies may mail it directly to you. Either way, expect to pay a per-page fee for the copy of the report. Reports typically cost a total of $50 to $150. The process of requesting a copy of a police report by mail is a bit more involved. In many jurisdictions, you are required to make your Public Access Request via mail. Typically, the agency will provide a form online for you to fill out, but some places are fine with you writing a letter to ask for the police report. Your local police department may have a specific address and addressee for police report requests listed on their website. If they don’t, simply address it to the Records and Identification Division, and use the general address listed online for the department. After you have found the location to send your request, you should be able to easily find out if they want you to send a request form or a letter. If the information is not readily available on the site, just call and ask which method they prefer. If it is available, filling out a request form is typically the easiest method because you won’t have to worry about leaving out information. If you write a letter instead of filling out the form, be sure to include the following information: If you are hoping to receive access to other official police documents, you may ask for them at this time. (Sometimes lawyers or insurance providers need additional information for a case, like photos, hospital records, interviews, officer notes, etc.) Keep in mind, if the information you are asking for is personal or sensitive information about another person involved in the case, the authorities may have to obtain their permission to give you those documents. In some cases, their policies won’t allow it. Just like an in-person request, you will need to include a photo-copy of your identification and a check or money order to cover the request fee. Depending on the agency’s instructions and policies, you can either mail or fax the request. Once your request has been accepted, you should hear from the police department about how much you owe for the copy. Ask the department who to make a check out to and where to send it. Since you will pay per page, it is worth asking for an electronic copy of the report. Victims of crimes have the right to police reports concerning their incidents, and they can usually obtain them directly from the department with which the police reports were filed. Usually, the victims are presented with copies of police reports immediately after they file them. However, if they need additional copies or end up losing their original copies, they can usually obtain additional ones by simply contacting the agencies that first issued the reports to them. Defendants also have rights to police reports that were filed against them since they have a right to know what they are accused of. Usually, defendants can obtain copies of police reports pertaining to them from the District Attorney’s offices that are prosecuting their cases. If the defendants have lawyers representing them, usually their lawyers will obtain copies of their clients’ police reports for them. When defendants make requests for copies of police reports, the D.A. usually has a fixed amount of time that it has before it has to turn over copies of the reports to the defendants. This is because defendants usually need their police reports in preparation for their defense. Sometimes third parties who were not involved in the actions mentioned in police reports might want copies of them. In these instances, most states will only allow third parties to obtain copies of police reports if the matters enclosed within the reports have already been closed. However, some states may allow third parties to obtain copies of police reports even when the cases are pending. Generally, third parties must know the case number of the reports that they want and must go to the county clerk’s office where the police report was filed to obtain a copy of the reports. There is usually a fee for the reports to be printed as well. The process of obtaining copies of police reports is slightly different for different groups of people. However, they typically are not difficult to obtain, no matter who wants them. It typically only takes a few days to a week to get a copy of a police report if you were directly involved in the case. However, if you were not directly involved, or if you are an insurance agent, it will take longer because you have to send in a request and have it processed. This process can take up to a month or longer. The most common reason why people cannot get a copy of a police report is because of an ongoing investigation. Once the case is closed, you should be able to obtain a copy. If you believe you have been unfairly denied access to a police report, you may wish to have a lawyer speak to the authorities on your behalf. Juvenile records may sometimes be sealed or withheld to protect the privacy of the victim. Generally, though, the process to obtain a police report is relatively simple, depending upon who is trying to obtain the report. After you have been in a car accident, one of the first questions your insurance provider will ask you is “do you have a copy of the police report?” Obtaining accident reports is a similar process to the one above, but it is generally a bit easier because in most cases, there is no criminal investigation. If you are in a car accident, you will receive a slip with an incident number on it. To obtain your police report, simply visit the police department that the report was filed from and trade the sheet for the actual report. If you do not obtain your police report, your insurance company will have to request a copy via mail, and it will take a bit longer. There are also resources online that house accident reports, like LexisNexis and Buycrash. However, the safest and quickest option to is visit your local Police Desk as soon as possible after the accident. Accident reports can be ready to pick-up as early as 24 hours after the accident, and up to a week. Another way to get a copy of a police report is through your local Department of Motor Vehicles.   Now that you know about how to get a copy of a police report, check out How To File a Police Report. "
¿Caducará mi orden de arresto?,"
Suponiendo que , como en la mayoría de los casos en los que la gente pregunta, la infracción no era un delito grave , la respuesta muy corta es: Una orden de arresto no estará fácilmente disponible en unos pocos años , pero siempre permanecerá en su expediente. Por un delito menor , un sinnúmero de fuentes y cuentas individuales en la red  muestran  cómo , ya sea usted personalmente , u otra  otra persona, tienen una orden de arresto sin resolver, pero no sale a la luz a menos que alguien esté haciendo una búsqueda profunda. Acceder a información en estos sitios , que se basan en una supuesta búsqueda a nivel nacional le costará dinero.Usted puede decidir si vale la pena.
  

Sin embargo, en muchos casos , incluso la policía y los tribunales no investigan muy profundamente a menos de que realmente estén buscando  a una persona. La renovación de las licencias , algunas violacioness de tráfico, pequeñas infracciones, y otras cosas similares no revelan  ninguna notificación inmediata de que haya una orden de detención pendiente. Pero por otro lado , muchas  personas relatan cómo fueron arrestadas y retenidas bajo  una orden de detención pendiente. Algunas situaciones se debieron a órdenes  de captura viejas de cuando una persona era un adolescente o un adulto joven y que habían sido olvidadas con el tiempo. Otras situaciones se relacionan con una antigua orden que causa un problema, a pesar de que el caso o situación hayan sido resueltos , la orden no fue invalidada, descargada , o cerrada  (cualquiera que sea la terminología usada en la  jurisdicción) . Los casos más temibles son aquellos en los que una persona es detenida por una orden de arresto, a nombre de una persona que tiene su mismo nombre y apellido y que vive en el mismo Estado en el que se emitió la orden de arresto. En estos casos , algunas personas han perdido meses de su vida tratando de limpiar su nombre . Hay algunas historias de horror.
Por un delito grave, la situación es más dramática. En este artículo no se trata ese tema.
 
Así, estipulando que una orden abierta nunca deja los libros si no ha sido resuelta, y que nos referimos a  un delito menor , ¿qué se debería hacer al respecto?  Es lamentable, como señalan varios escritores, que tanta gente recomienda ignorarlo.Sin tener ningún respeto por las leyes de nuestro país, recomiendan que en esencia usted le dé la espalda a la corte, y siga su camino feliz . En este aspecto, de nuevo, mucha  gente da  consejos . Sorprendentemente, incluso los abogados dan consejos . La mayoría de la gente recomienda tratar de solucionar el caso  aunque sea fuera del estado. La orden de arresto puede aparecer en  un momento que va a ser embarazoso para usted  o cuando alguien está haciendo algún tipo de verificación de sus antecedentes. Si se trata de una orden de  fuera del estado, usted  incluso podría ser extraditado. Todas estas son buenas razones para resolver la situación. Ser proactivo hablara bien de usted  ante un juez. Como siempre, es importante contratar a un abogado para que lo asesore. Pida a sus buenos amigos y compañeros de trabajo que  escriban  cartas claras sobre su carácter. Escriba su propia carta indicando las circunstancias del caso, la orden de arresto,  justificando su cambio de vida, cómo ya no se comporta de la  manera que dio lugar a la infracción. Busque la manera de ir a la Corte al otro estado. Dependiendo del tipo de infracción que generó la orden,   es probable que no valga la pena el tiempo de la corte,el costo de perseguir la extradición, o incluso una citación para que se presente ante la corte. Póngase en contacto con el procurador del distrito  o con la oficina del fiscal en ese estado. Pregunte qué se podría hacer para resolver la situación. Trabaje con ellos . Reconozca  la orden de detención y las circunstancias.
 Suponiendo que , como en la mayoría de los casos en los que la gente pregunta, la infracción no era un delito grave , la respuesta muy corta es: Una orden de arresto no estará fácilmente disponible en unos pocos años , pero siempre permanecerá en su expediente. Por un delito menor , un sinnúmero de fuentes y cuentas individuales en la red  muestran  cómo , ya sea usted personalmente , u otra  otra persona, tienen una orden de arresto sin resolver, pero no sale a la luz a menos que alguien esté haciendo una búsqueda profunda. Acceder a información en estos sitios , que se basan en una supuesta búsqueda a nivel nacional le costará dinero.Usted puede decidir si vale la pena. Sin embargo, en muchos casos , incluso la policía y los tribunales no investigan muy profundamente a menos de que realmente estén buscando  a una persona. La renovación de las licencias , algunas violacioness de tráfico, pequeñas infracciones, y otras cosas similares no revelan  ninguna notificación inmediata de que haya una orden de detención pendiente. Pero por otro lado , muchas  personas relatan cómo fueron arrestadas y retenidas bajo  una orden de detención pendiente. Algunas situaciones se debieron a órdenes  de captura viejas de cuando una persona era un adolescente o un adulto joven y que habían sido olvidadas con el tiempo. Otras situaciones se relacionan con una antigua orden que causa un problema, a pesar de que el caso o situación hayan sido resueltos , la orden no fue invalidada, descargada , o cerrada  (cualquiera que sea la terminología usada en la  jurisdicción) . Los casos más temibles son aquellos en los que una persona es detenida por una orden de arresto, a nombre de una persona que tiene su mismo nombre y apellido y que vive en el mismo Estado en el que se emitió la orden de arresto. En estos casos , algunas personas han perdido meses de su vida tratando de limpiar su nombre . Hay algunas historias de horror. Por un delito grave, la situación es más dramática. En este artículo no se trata ese tema.   Así, estipulando que una orden abierta nunca deja los libros si no ha sido resuelta, y que nos referimos a  un delito menor , ¿qué se debería hacer al respecto?  Es lamentable, como señalan varios escritores, que tanta gente recomienda ignorarlo.Sin tener ningún respeto por las leyes de nuestro país, recomiendan que en esencia usted le dé la espalda a la corte, y siga su camino feliz . En este aspecto, de nuevo, mucha  gente da  consejos . Sorprendentemente, incluso los abogados dan consejos . La mayoría de la gente recomienda tratar de solucionar el caso  aunque sea fuera del estado. La orden de arresto puede aparecer en  un momento que va a ser embarazoso para usted  o cuando alguien está haciendo algún tipo de verificación de sus antecedentes. Si se trata de una orden de  fuera del estado, usted  incluso podría ser extraditado. Todas estas son buenas razones para resolver la situación. Ser proactivo hablara bien de usted  ante un juez. Como siempre, es importante contratar a un abogado para que lo asesore. Pida a sus buenos amigos y compañeros de trabajo que  escriban  cartas claras sobre su carácter. Escriba su propia carta indicando las circunstancias del caso, la orden de arresto,  justificando su cambio de vida, cómo ya no se comporta de la  manera que dio lugar a la infracción. Busque la manera de ir a la Corte al otro estado. Dependiendo del tipo de infracción que generó la orden,   es probable que no valga la pena el tiempo de la corte,el costo de perseguir la extradición, o incluso una citación para que se presente ante la corte. Póngase en contacto con el procurador del distrito  o con la oficina del fiscal en ese estado. Pregunte qué se podría hacer para resolver la situación. Trabaje con ellos . Reconozca  la orden de detención y las circunstancias. "
How To File A Noise Complaint,"Filing a noise complaint is inconvenient (as is the noise), but it may be necessary. If you are being disturbed by a noisy neighbor and have tried to rectify matters yourself, it may be time to reach out to the authorities. A safe bet is to file a noise complaint with the police or your landlord. Chances are if someone is disturbing you, they are disturbing a fellow neighbor wanting peace and quiet as well. Here’s a look at how to file a noise complaint, as well as what the laws are for noise ordinances. Filing a noise complaint is quite simple and can be done at any time of day or night. First off, make sure you understand the difference between: If you are near a military base, excessive noise can be harmful to citizen’s welfare. You will need to contact government officials for that. But if it is of a civilian nature, it may be coming from music in an apartment, a burglar alarm, barking dogs, or construction. Next, decide if you are going to approach the scene before calling in a complaint. If it is a neighbor creating the ruckus, it may be a better idea to politely ask them to keep it down before involving the authorities. In many cases, your neighbor might not even know their noise is being a disturbance. However, if you believe that the noise is coming from a dangerous situation, do not put yourself at risk by approaching the property. Before you call in a noise complaint to the police, you may be wondering what the laws are for excessive or disturbing noises. Every jurisdiction has different regulations and laws in regards to noise, called Noise Ordinance laws. These laws typically outline the time of day and night when excessive noise is prohibited (i.e. 11 p.m. to 6 a.m.). To find out what the Noise Ordinance laws are in your town, simply do a google search for your county.  If you are concerned about disruptive noise in your area, you can make a noise complaint with the police. You may call 911 if you believe it is an emergency but only do so if it appears there is criminal activity going on on the property. Otherwise, you can call the non-emergency line to file your complaint. You can find the phone number for this hotline by searching your county, followed by a “non-emergency phone number.” If you contact the police, they will come out and inspect the noise themselves. Hopefully, the police will arrive before the noise stops. Then, they will talk to the person and ask them to turn it down if it is in fact too loud. Noise complaints usually result in a friendly warning at first. Remember, just because the situation is not rectified immediately, does not mean the police have ignored it. Issues like this take time. Consider it a record building case. After so many attempts, your city will get tired, as well, and it will become a city case rather than a neighborhood being affected. If you are in an apartment building and the disturbance is coming from there, it is time to look over your lease. Your lease will specify the noise ordinance. Most leases may put an end to high noise levels after 10 p.m. or midnight. If there is no clause, you can still report the complaint to your landlord. It can be a bit easier to reconcile a noise issue in an apartment because you have your landlord to help. Plus, you have many neighbors in close proximity who are likely just as frustrated as you are about the disturbance. If your neighbor is breaking the lease agreement, contact your landlord. If it extremely late or a disturbance outside of your building, contact 311, which is the non-emergency number in most cities to reach the local police. You can file a complaint anonymously. If the noise persists, your landlord can issue a fine based on the lease agreement and after too many write-up, this person can be evicted during a court procedure. If it is a violation of the noise ordinance of your city, the police can issue a ticket. If you are wondering how to file a noise complaint anonymously, you are in luck. When you call the police, they do not require you to leave your name over the phone. Most jurisdictions will simply ask you if you would like to leave a name and phone number, but you can respectively decline. Keep in mind, however, that there are positives to giving your name to the police when you make the complaint. If there is criminal activity going on when the authorities go to check out the premises, you may be able to serve as a witness or give the police more information to help with their investigation. If you simply do not want to be linked to a minor noise complaint about music that was too loud, you can certainly do so anonymously. It’s 2019, can’t you make a noise complaint online? Unfortunately, filing a noise complaint to the police must be done over the phone. However, if you are making a noise complaint in an apartment complex, your landlord may have a process where you can submit a complaint online or via email. "
What Is A Form I-797C Notice Of Action?,"A Form I-797C is sent by the United States Customs and Immigration Services to inform people in the process of immigrating to the United States of any actions that they may need to take or actions that have been taken. It is a standard boilerplate form that could mean many different things depending on what it says. Some of the common purposes for a Form I-797C include notices of: By far the most common use of Form I-797C is simply to acknowledge that the USCIS has received an application or other necessary immigration form. It should be filed with other immigration documents. The form will also provide helpful information on the next steps you need to take in your process and journey toward citizenship such as other forms to file appointments you need to make or deadlines to which you need to adhere. This immigration form also serves as a receipt for any filing fees you may have paid the USCIS in case you need to prove payment in the event of an audit. If your immigration status has changed or if there were issues you forgot to address, you may receive a Form I-797C in the mail informing you of what you need to do as a result of the issue that arose. You may also receive a Form I-797C if you are vouching for an immigrant as their family or work sponsor and you need to take an action on behalf of the employee or family member immigrating to the United States. Finally, this form may be used to inform individuals that their application for the next step in the process has been rejected. This rejection may be the result of failure to meet requirements such as having a past criminal record, or it may simply be due to failing to send appropriate documentation or fees for your immigration process. It is not necessarily a final notice, but it is definitely caused for concern. Even if it is a rejection notice, the I-797C will likely provide a phone number or other contact information to contest the ruling or provide the necessary payment or documents. It is recommended that you find a lawyer or legal professional to help you if this is the case. "
How To Report Food Stamp Fraud,"Membership in federal SNAP (Supplemental Nutrition Assistance Program) benefits, also known as food stamps, has gone up in the years since the 2007 recession and rise in unemployment rates. SNAP benefits are designed to be used only for groceries, which is why they don’t consist of cash but instead are card-based. Food stamp fraud occurs when individuals sell their SNAP money to stores in exchange for cash. They make a fraudulent purchase but receive cash instead of the intended product. The cash is often given at a reduced rate, but people in need of free cash are willing to accept this. If you believe that a store near your house is guilty of conducting illegal food stamp fraud, it is your responsibility to report it to the appropriate authorities. This form of fraud bankrupts the federal and state coffers for purposes not related to helping families survive. All food stamp fraud may be reported to the United States Department of Agriculture, which oversees all food stamp disbursement. Reports may be sent to the USDA’s Food and Nutrition Service, which will then notify the appropriate state agency to begin conducting the investigation on the guilty party. While the federal government will often respond to allegations of large-scale fraud perpetrated by stores, you may need to contact state agencies directly if you are reporting on individuals guilty of fraud rather than companies. Individual food stamp fraud varies from the sorts of purchases described above to people continuing to use their food stamps even after they’ve gotten a new job and are no longer eligible for benefits. If you know someone who you believe is lying about their income or assets yet still takes use of SNAP benefits or similar food stamp benefits in your state, contact the Department of Human Services or other agency in your state tasked with the responsibility for giving food benefits. Different states have different processes for reporting food stamp fraud. In any case, it is highly discouraged to report food stamp fraud unless you are very certain that it is happening. You may be penalized yourself if you create more work than is necessary for state agencies if it turns out that you didn’t have any legitimate reason to suspect someone for committing fraud. Be smart when it comes to reporting food stamp fraud. "
How to Apply for a Governor’s Pardon,"A governor’s pardon is tantamount to having the top executive of your state forgiving you for a crime to which you either plead guilty or of which you were convicted. Unlike a records expungement, your criminal record will be neither sealed nor erased. Nevertheless, there are plenty of advantages that a governor’s pardon does offer. The application process varies by state. "
What Is a No Contact Order?,"A no contact order can be issued for one of many reasons, from minor altercations between couples to serious, criminal charges of stalking and sexual harassment. Other circumstances in which no contact orders may be filed include high-intensity divorces and separations or neighborly disputes. So, what is a no contact order, exactly? Below, we’ll answer all of your questions about what a no contact order is, how it is implemented, and what the consequences of violating one may be. Many people use the terms “no contact order” and “restraining order” interchangeably, but they are actually a bit different. A no contact order prohibits a person from being in physical or verbal contact with another person, whether that is face-to-face or over the phone/internet. This type of order is filed when an action has already taken place. For instance, if there is a domestic abuse charge, a no contact order would prohibit the abuser from coming into contact with the victim. The rules of a restraining order also prohibit two people from coming into contact, but there is one main legal difference. With a restraining order, a dispute or crime does not have to take place first — it can simply be used as a preventative and protective action. After a no contact order is filed, the court will specify the details, like how many feet or yards away the individuals must stay from one another. The defendant cannot see the petitioner at work, school, and home and must cease all communication with the victim. The order will usually specify a certain period of time that the order is in place. At the end of the period, the petitioner may ask the courts to extend the order. The judge can also lift the order if they feel the petitioner is no longer in danger. If broken, the defendant may receive a fine, or jail time with a felony or misdemeanor charge (more on that in a minute). There are two kinds of no contact orders that can be filed, a civil no contact order and a domestic violence no contact order. A civil no contact order is agreed upon when the two individuals in the situation aren’t family members or romantically involved. Typically, the offender is an acquaintance or complete stranger (i.e. a stalker or abuser). If the victim is in immediate danger, a temporary no contact order can be filed to speed up the process of making the agreement official. However, to implement a permanent no contact order, there must be a court hearing first. In the case of a domestic violence no contact order, the victim and the defendant must either be: Many states have specific laws for domestic violence no contact orders. If children are involved, the judge may grant a temporary custody order to a certain parent or relative, as long as the defendant is removed from the home. A hearing can decide if a permanent no contact order must be placed. A no contact order is requested when a petitioner feels that are in danger. Usually, the petitioner has been a victim of physical, verbal, or emotional abuse. Besides victims of abuse, stalking victims are able to petition courts for no contact orders. The stalking must have consisted of unwanted correspondence (letters, emails, phone calls, etc.), repeatedly over a period of time. To get a no contact order, a person must file a claim with their local court — and often, they will have to go before a judge. When filing a complaint, the petitioner must file in their own jurisdiction or the jurisdiction of the assailant. Most states have no contact order forms that are filled out pretrial or post conviction. This form will specify the details of the no contact order, whether that is to stay away from the protected person(s)’s home, business, school, or place of employment. It will also specify that the defendant may not contact the protected person, directly or indirectly. In some cases, the no contact order form will require the defendant to give up any firearms they have in their possession until the order is lifted. The person who is requesting the no contact order may have to petition the court for an emergency hearing. At the hearing, the courts will hear the reasons behind the petitioner’s request, and the court usually grants a temporary no contact order. The temporary order is not in effect until the order is served to the other party. The full hearing usually occurs within 30 days of the emergency hearing, which is when it is decided if the order stays in place and for how long. If you need a no contact order, the first step is to consult with an attorney. An attorney who practices family law will generally have experience requesting no contact orders. A no contact order can be dropped if the protected person is no longer in danger. To get a no contacted or lifted, the protected person will need to reach out to the county clerk in the jurisdiction the complaint was filed. The details of terminating a no contact order can vary by jurisdiction. You can also go to your local court’s website to see if they have any online resources to walk you through the process. Regardless of what your jurisdiction requires to get a no contact order lifted, it is always a good idea to work with an attorney — whether you are the victim or the defendant. Emotions tend to run high in no contact order cases, so an attorney can help keep things civil and prevent further damages. In most states, you will need to fill out a form to get a no contact order lifted, specifying which parts of the order you want terminated and why. Once you sign the form and turn it in to the county clerk, a judge will review your request, and either approve or deny it based on what they think is best for the victim. Keep in mind, there is usually a filing fee you must pay when turning in the form. A violation of a no contact order is serious and against the law. A no contact order violation happens any time the defendant comes in contact, directly or indirectly, with the protected person. Many orders forbid the defendant from physically harming the victim, as well as from carrying a firearm or weapon. If the defendant violates multiple clauses of the order, the consequences will be more severe, ranging from a misdemeanor to a felony. Defendants are often fined for their violation. If you or someone you care about is in need of legal help, you can get a free case review from a local attorney. When you find out what your options are, you can begin to create a path forward. "
How To File For Unemployment Benefits Extension,"Unemployment benefits are provided by the states, so the process of getting an unemployment benefits extension varies from state to state. Additionally, there are often two flavors of unemployment benefits – one directly from the state, and one administered by the state but coming from the federal government. While the process will differ, there are some similarities in the process across the country. For each and every unemployment program you will need to gather and file documents attesting to your work history, reason for unemployment, reason for needing an extension, identity and proof of citizenship or legal presence. Once you have all this information, simply go to your state’s unemployment website and look up the process of filing. Some states have an online process while others require you to print out and mail hard copies of all the necessary documents. For more information, call the employment security department of your state’s employment administration. The federal government provides extended unemployment benefits depending on your state’s unemployment rate. Known as Emergency Unemployment Compensation (EUC), these benefits are organized in tiers. They are provided in addition to the about 26 weeks in standard state unemployment benefits. States will, of course, vary in terms of how many weeks of unemployment they offer. Tier 1 for EUC is 14 extra weeks and is available for all states, regardless of how high your state’s unemployment rate is. Tier 2 for EUC is an additional 14 weeks and is given to individuals in states with an unemployment rate of 6 percent or higher. Tier 3 for EUC is an additional 9 weeks and available to individuals in states with an unemployment rate of 7 percent or higher. Finally, Tier 4 for EUC is an additional 10 weeks and is available for people living in a state with 9 percent unemployment rate or higher. Even in addition to EUC, there is a program called EB, or Emergency Benefits, which may provide 13 additional weeks of income for certain populations deemed to be hard-hit by unemployment. An additional 7 weeks are provided for areas that are especially depressed. This listing varies on a regular basis with information available at the Department of Labor website. Once you’ve filed for an unemployment benefits extension, wait to receive your acceptance in the mail. You’ll get paperwork attesting to that fact, and your checks will continue to come. Keep in mind that you may be audited on your unemployment status as well as your process of seeking another job at any time. Make sure that you keep records of your job search complete with the phone numbers of reliable contacts to verify the whole process. "
How To Write A Request For Continuance,"A request for continuance in a legal setting is a request that court proceedings be postponed until a later date. Writing this request involves explaining your reasoning for needing a continuance as well as details about the continuance request. The format of the letter is that of a formal letter to be filed with the court. It will contain the address of the sender and receiver, begin with “To Clerk of Courts, ______ (Name of Court)”, end with “Sincerely,” and be signed with your name. You will want to include your docket number before the body of the letter so that the court clerk will be able to look you up more easily. In addition to the formatting of the letter, you also need to send it to the right people. You should send one copy to the court clerk and the other copy to the other party in your legal dispute. You should say in the body of the letter near the end that you are sending two copies of the letter. You will also want to keep the third copy for your records. There are many legitimate reasons you may want to file for a continuance. However, there are just as many illegitimate reasons that will be rejected by the courts. Examples of good reasons for continuance include key witnesses being out of town or unable to attend, serious, one-time events such as: Or simply because you need more time to prepare. As long as you are deemed to have “good cause,” continuance will most likely be granted. How to Write a Legal Statement of Fact Requests for continuance must be made at least a week in advance of the trial date. Keep in mind that when you request a continuance, you cannot then turn around and ask for a speedy trial. The two are mutually exclusive. If you’ve filed a request for a continuance and haven’t heard from the court clerk by a few days before your trial, you may call the court clerk to get the information about your continuance. Until you have written or verbal confirmation from the court that your request for continuance has been granted, be prepared to show up for court that day. Not showing up for court on the day that you are scheduled to arrive could cause you to lose your claim. "
Do We Need To Give Our Babysitter A 1099 Tax Form?,"Generally speaking, because babysitting is a personal service rather than a business expense, you do not have to give your babysitter a 1099 tax form. Only companies give out 1099 tax forms for services rendered in the course of trade or business. There are exceptions, of course. If someone provides babysitting services as a contractor for a business, then the business must give that person a 1099 form detailing the income she received if she made more than $600 in a single year. A babysitter is technically determined to be a self-employed individual when it comes to taxes. Your babysitter is responsible for reporting her income to the IRS, but unless you are a business entity, you have no responsibility to document your payment for the IRS, no matter how much she charges for her services. The one exception for which you would be eligible to account for your babysitter on tax forms is if she were your employee. This is the case for live-in nannies and regular childcare providers who operate under your strict rules. The IRS defines an employee as someone whose work affairs are controlled by the employer, whether reimbursements are paid and whether there is a written contract involved in the transaction. In this case, you need to prepare a W-2 form for the babysitter or nanny if you paid at least $1,800 in a year (as of 2012) or if you withheld federal taxes on any amount of money. It may seem silly to file official paperwork for something as casual as a babysitting agreement, but if your babysitter is treated as an employee, provided with her own tools, controlled while on the job or given an employment contract, she may in fact technically be an employee. The process of filling out a W-2 involves downloading the form from the IRS website, filling it out and filing it with the IRS, giving sections B, C and 2 to your employee by the end of January of the year following the tax year, and copying section A with form W-3 to the Social Security Administration by the end of February. If a self-employed individual markets herself as a babysitter, generally speaking you don’t have to worry about it with the IRS. Even if she works for you on a regular basis, the IRS will generally not audit you or them. The only case in which a babysitter will get audited if she doesn’t have a W-2 is if she lives on the premises of her employers. "
How To Report Illegal Immigrants,"If you know of someone whom you have good reason to believe is illegally in the United States, it is well within your rights and indeed your responsibility to report that person to immigration officials. Of course, this doesn’t mean that you can simply report everyone who looks different or speaks a different language. You have to have concrete proof or at least very good evidence that a person is not legally in the country. Illegal immigrants burden state and local budgets, and they are more at risk for criminal behavior and non-integration than legal immigrants to the United States. By reporting illegals, you do a service to the process of legal immigration. Proof of illegal immigration is often as simple as talking to somebody who would know. In most cases, this is a co-worker, supervisor or employer, though it may also be a friend or family member. You may also find proof if you see someone engaging in questionable activities that could suggest a criminal presence such as drug trafficking. While you don’t need to find incontrovertible proof, you should do your best to base your beliefs on definitive statements or observations rather than mere feelings.  Once you have the proof you need, you should gather names, phone numbers, addresses, license plate numbers, photographs and physical descriptions, as they may be useful. Obviously don’t get more information than you are able to acquire safely. If a suspected illegal immigrant is engaged in illegal activity such as illicit trafficking or theft, you should call your local law enforcement agency before contacting Immigration and Customs Enforcement. Discuss what you’ve observed and make sure to mention that you believe the perpetrator(s) to be illegal immigrants, and the police will follow up with the ICE.  An anonymous report may be a good choice if you want to keep yourself safe. Not only will this help you avoid filing paperwork if you are called as a witness for the police or immigration officials, but it will help to keep you from being a target. Anonymous reporting services are private organizations that may require a small fee. For supposed illegal immigrants not committing a crime, contact ICE at 1-866-DHS-2ICE (347-2423). You will be required to give detailed descriptions as well as any information you’ve gathered, and you may be called in to make a statement and fill out paperwork. This is why you should be absolutely sure before reporting supposed illegal immigrants. Only share concrete facts of observation and what others said rather than sharing personal speculation. "
Federal Labor Laws For Salaried Employees,"While labor laws for salaried employees are designed to afford the same sorts of protections and benefits to all American workers, the implementation of these protections differs depending on whether someone is paid on an hourly or salary basis. Hourly workers are protected by federal minimum hourly wage standards with overtime pay equal to “time and a half.” The laws around salary workers are similar but take on their own unique flavor. There are three basic protections involved in salaried employee labor laws. These are: These make up the backbone of the American system of worker protection If you are paid a salary rather than an hourly wage, you must work the number of hours agreed upon in your employment contract to receive your salary. While 40 hours per week is considered the standard, many employment contracts differ depending on the needs of the employer. It is not uncommon to see employment contracts with as few as 30 hours per week or as many as 50 depending on the position. Be sure to refer to your state’s Department of Labor, as states have their own rules regarding the maximum hourly limit for salaried employees. Like hours worked, overtime pay is determined by your employment contract more than any particular set of laws. Salaried employees generally do not receive overtime unless it is stipulated in the contract, which it generally isn’t.  One of the main benefits of being a salaried employee is that your pay is not determined by whether or not you show up late to work. Even if you only work for five or six hours, you will be paid for a full day of work. The only difference is that if you don’t show up for more than a week at a time, then you won’t be paid for that week. Of course, your employer still retains the right to terminate your employment if you show up late too often. In the event that you are terminated, your pay will be for the days between the start of your company’s pay cycle all the way to the date of your termination. This will be a pro-rated amount. Can an Employer Legally Decrease Your Salary If It Is Stated in Your Contract?   While labor laws don’t require employers to give you paid vacation days or sick days, the Family and Medical Leave Act requires employers to give up to 12 weeks of unpaid leave for certain medical issues. However, many employment contracts include paid vacation and sick days. In this case, the law states that people taking a vacation or sick days be paid for the full day if the hours are available. "
How Long Do You Have To File A Police Report?,"If you’ve witnessed or fallen victim to a crime, you may be wondering, how long do you have to file a police report? While the general rule of thumb is “as soon as possible,” there is a time limitation established by law, called a statute of limitations, to govern how much time you have to report a crime before it is essentially “forgiven” in the eyes of the law. For many people in these situations, however, it is not cut and dried. If you’ve witnessed a crime, you may be fearful that someone will retaliate against you for reporting it to the police. Or, if the crime was committed by someone you know, you may have the desire to protect him or her. However, the more time passes, the harder it becomes to investigate the crime, as witnesses may forget what happened or evidence may become contaminated. Here’s an in-depth look at the question: how long do you have to file a police report? How to Obtain Police Reports   A statute of limitations sets the maximum amount of time for criminal charges to be filed before  they can no longer be investigated by law. Statutes of limitations vary state by state, as well crime by crime. Typically, petty offenses like traffic accidents, vandalism, or minor theft have a one-year statue, meaning a bystander has a time limit of one year to file a police report for the crime. As for misdemeanor crimes, there is generally a two-year statute, while felones have a five-year statute. However, serious felony crimes like: These have no statute of limitations, meaning witnesses can come forward and report the crime at any point after it has happened. While you may not have to file an official police report, some states require citizens to report incidents like traffic accidents to the police within a few days. This is because the only valid evidence in these cases disappears so quickly that police will have little or nothing to go on if you don’t make them aware of it. Look up reporting laws in your state to see if these requirements apply to you. It should be noted that while some statutes of limitations begin at the moment the crime is discovered to have occurred, the majority begin at the moment the crime was committed. This means that if you didn’t find out a summer home was burglarized until six months after the fact, you may need to file the police report sooner than you would have otherwise thought.  A statute of limitations does not exist to buy you time necessarily. It is always best to file a police report as early on as possible to give the authorities adequate time to conduct an investigation and prosecutors time to prepare their case. According to Market Watch, “One of the biggest arguments for a statute of limitations is that corroborating evidence of the crime diminishes over the years: people who heard about the event will slowly forget details, or witnesses will not remember details.” Recently in society, there has been an uprising of police reports for crimes that were committed several years prior, namely crimes that have to do with sexual misconduct and assault. With these allegations popping up in the headlines daily, addressing the statute of limitations laws has become extremely prevalent this year. Sexual assault has no statute of limitations, meaning witnesses and victims can come forward and report the crime at any time, whether the assault happened yesterday or 30 years ago. While a crime 30 years ago may be hard to prove, more recent crimes are becoming easier to piece together with the help of technology. “In our technology-dependent society, [the statute of limitations] is becoming an obsolete point,” Kristen Houser of the National Sexual Violence Resource Center in Pennsylvania told Market Watch. “Whether we are communicating over text or email or through apps, we have so many records of communication. We live in a place where video surveillance can corroborate time or date or location. It’s become such a ubiquitous backdrop of our culture.” For instance, if the details of a crime were discussed years ago via text message, email, or social media, those details can be used in the investigation. While statutes of limitations still currently apply regardless of evidence that is found because of technology, that is something that may change or dissolve these laws in years to come. However, while these limitations are still in effect, it is important to file a police report for crimes as soon as possible to ensure evidence is intact and justice is served. To learn more about filing police reports, take a look at How Do I Get A Copy of a Police Report? "
How To Patent Your Idea,"If you have a good idea for a new product or service that you believe could make you some money, patent lawyers would suggest that you file a patent for the idea before someone else comes up with it or takes it for their own. A patent is a legal document with exact design specifications that details your idea and gives you the sole right of ownership to produce, provide or otherwise use it to do business. The first step to patenting your idea is to do research and see if anybody else has come up with your idea first. Patents are published online at the U.S. Patent Office website, or you can do it in person at a Patent and Trademark Depository Library in your state. This will determine the scope of your patent. If you find patents that use elements of your idea, you may only be able to patent part of your idea. You are only allowed to patent elements of your idea that are unique. If your idea is just a faster or more efficient way to implement an already-existing process, you can’t file a patent on the entire process; you can only patent your change to the process. You will need to get a patent lawyer specializing in your field if you want to have a good chance of succeeding with your application. The lawyer will work with you to draft a patent application, which is a highly technical document explaining the structure and purpose of your design. This document will include: The last step to patenting your idea is to file it with the United States Patent and Trademark Office. You may send your patent by mail or deliver it in person. It typically takes several weeks to several months to hear back from the patent office, and your patent will most likely be rejected. Then begins the process of making amendments and resubmitting the application until it is accepted.  Once the patent has been accepted, you may begin marketing your idea with the label of “patent pending.” "
Why Are Steroids Illegal?,"Anabolic steroids are a form of synthetic testosterone that may be prescribed by doctors but are illegal for use without a prescription. They are classified as a Schedule III controlled substance with possession carrying a $1,000 fine and a year in prison, according to federal law. Trafficking carries up to a $250,000 fine and five years in prison for a first offense. It should be noted that when we discuss illegal steroids, we are talking about anabolic steroids rather than corticosteroids, which are prescribed to reduce swelling and prevent overactive immune response. Anabolic steroids are used to build muscle and replace diminished testosterone in specific, limited medical cases, while corticosteroids are available as over-the-counter medicine. Anabolic steroids are illegal due to their proven health risks for individuals who take them. As a powerful hormone, they can cause unexpected and unwanted side effects for individuals who abuse them beyond a doctor’s prescription. Side effects include: As a controlled substance, anabolic steroids are kept illegal to prevent people from suffering unwanted health effects. Their illegality keeps the general public that may not know the full risks safe from harm. Anabolic steroids are only legal if a doctor prescribes them. Doctors will only prescribe anabolic steroids if a patient: Many professional athletes take steroids illegally, which not only represent a potential felony convictions but may also result in permanent career damages. People take steroids because it helps them build muscle quickly and perform more effectively at top levels. However, they are considered cheating by many sports enthusiasts, and they are banned from use because no organization wants to lend its support to a practice that leads to severe health risks for the sake of improved athletic performance. "
How To Calculate 263A,"263A is shorthand for IRS Code Section 263A, and it details the rules used by business taxpayers to account for and capitalize their costs. Also known as UNICAP, or uniform capitalization, Section 263A often befuddles even the most seasoned business professionals. It is highly advised to consult with an accountant for accurate calculation of 263A, as the IRS can and will audit for your compliance with this regulation. This difficult section of the IRS Code applies to retailers, wholesalers, and manufacturers who bring in average gross receipts of at least $10 million per year. Regulations vary depending on your class or category of business such as: 263A calculations begin by determining all of your indirect purchasing costs. Any purchase you make, warehousing fees, processing fees, repacking and assembly costs and support payroll costs count as indirect purchasing costs. These costs do not include marketing, advertising, distribution, or research and development. You must then allocate these costs between inventory and the cost of goods sold. An example of costs of goods sold would be the materials used to make a particular product; inventory would be the machine used to make the product. Once you allocate costs, all costs must be classified into three categories: production, administrative and mixed services. Production costs and administrative costs require no further explanation, and mixed services include anything that may be defined as both a production and an administrative cost. These may include purchasing, data processing, or your personnel department. Then you have to allocate mixed services costs between production and administrative.  While the process of classifying your costs is a lot of busy work, cost accounting is where accounting and mathematics come in. There are a variety of different methods for cost accounting, and different methods may be preferred in different industries. Consult with a tax professional to figure out the preferred method for your industry. Examples of common cost accounting methods include production labor as a percentage of total labor costs or average cost per unit. Preferred accounting methods often change from year to year. It can’t be stressed enough the importance of getting a tax professional to check your figures. This guide gives you a basic understanding of how 263A works, but it is nowhere near long enough to provide a full breakdown of how it’s done. It requires tables and figures for how to do cost accounting in your particular business for each of the different categories as well as what sorts of costs qualify for each category. "
What Is Ingress & Egress In Real Estate?,"The value of a piece of property depends upon many factors including location, size, permitted use and the ability to get to and from it. Real estate professionals use the terms ingress and egress when referring to the ability to enter and exit a piece of property. Determining if a piece of land can be accessed without trespassing on someone else?s property might not be readily apparent. The Basics of Ingress and Egress Ingress is the right to enter one?s property, and egress is the right to exit it. Usually, the right to enter or leave property involves access to a public road. Property with at least one boundary line touching the road can freely access the road without crossing over land belonging to another person, but appearances can be deceiving when dealing with ingress and egress issues.  For example, if local town or city ordinances restrict the right of property owners to cut curbs for the installation of driveways, a person might be prohibited from entering or exiting from the property to the street. Unless the property offers another means of access to a public road, the parcel of land could be landlocked. Landlocked Property Certain types of housing developments are planned around the concept of landlocked parcels of land. Homes built along the fairways of a golf course enjoy a picturesque setting, but they are, essentially, landlocked. Providing ingress and egress for the homeowners usually involve private roads within the development that lead to a public street. The private roads rely upon easements to provide access over other people?s property. Easements An easement is a negotiated agreement in which a property owner gives others the right to limited use and access to the land. A landlocked owner of property might negotiate an easement agreement with an adjoining property owner granting the right to cross over the adjoining land to access a public road. Easements can be as restrictive, such as allowing only for foot traffic, or as broad as the parties to the agreement decide. The easement agreement is recorded with the county clerk once it is reduced to writing and signed by the parties. Recording an easement gives notice to future owners of its existence and terms, so they will be obligated to abide by it. Failing to record an easement could result in the loss of a property owner?s rights to ingress and egress in the event of a sale or transfer of ownership of either parcel. "
How To Write A Parole Letter,"Parole letters are letters written either by an incarcerated person or by his or her supporters. Intelligently written parole letters attesting to the offender’s character, reformation and plans to improve his or her life will be read by the parole panel and may make the difference between release and denial. That said, writing a parole letter can be tricky. You want to know what parole panels are looking to hear in order to get the best possible result for yourself, your friend, or your loved one. Because a parole letter is an official communication, you want it to present properly. It should be written with a letterhead including the contact information and address of the parole board and the date of writing. Begin the letter with “Dear Honorable Members of the Parole Board” and a colon rather than a comma. End the letter with “Sincerely,” and use your full name. Always use formal language, appropriate spelling, and proper grammar. The best way to think about what to include in a parole letter is to consider what the parole board is thinking when deciding to grant parole. The main concern that would prevent parole from being granted is that an offender will not properly reintegrate into society. The role of the parole letter is to convince the parole board otherwise. This will differ depending on who is writing the letter. If the potential parolee is writing it, the letter should be simple and to the point. It should express genuine contrition (being sorry for what you have done) as well as tell your plans for what you want to do with your life upon your release. It should be specific but heartfelt and discuss the joy you get from new, useful activities that don’t run the risk of re-offending. If the offender’s friends or family members are writing the letter, they should discuss how happy they are to have him or her in their lives again. They should make it clear that there will be a support network available for the potential parolee and discuss activities, potential jobs and community ties that await their reintegration into society. It can be a useful strategy to have strategic community members such as administrators of community centers or successful local business people who are willing to offer tangible, actual support to potential parolees. Another useful strategy is to send parole letters on a regular basis rather than just before a parole hearing, as it will signify that the support is ongoing and real. For more information about writing letters, check out the best way to write a professional letter to a judge. "
How To Get A Gun Owner’s License,"Firearms licensing requirements vary from state to state, so it can be tricky to find definitive information on how to get a gun owner’s license. In some states you don’t even need a license to own a gun. Firearm licensing and ownership is a hot topic in the United States, and it is best to find extremely local information to get the knowledge you need. If you are interested in purchasing a firearm, the two best places to go for information would be a local reputable gun store and the website of your state police department.  Licensing laws vary; some states require each gun to have its own license, while other states only require the owner to have a license. Some states license the ownership of guns, others license the carrying and use of guns through laws such as concealed carry laws, and still others license both. Some states have different laws depending on the type of gun – hunting rifles may have one set of laws, while handguns and concealed weapons have another, and assault weapons have still another. Still other states ban the ownership of certain types of laws entirely. The process of getting a gun license in the states that require any sort of licensing is similar to that of getting a background check. You will find that certain classes of people are generally prohibited from owning a gun including convicted felons, the mentally ill, drug users, illegal immigrants, dishonorably discharged Armed Forces members, people with restraining orders against them and more. You may be required to submit your fingerprints, complete a firearms safety course and submit necessary payment to the state police department. Once you’ve applied for your gun owner’s license, you must wait until your license card comes in the mail before you purchase a firearm. Depending on the nature of the licensing requirements, you may need to carry your license with you at all times, make a copy to keep in your car or simply keep the license in the carrying case for your weapon. Many states require you to periodically renew your gun license to make sure that you are still competent and fit to use a firearm. Renewal requirements are typically every three to five years and consist of passing another background check and completing another safety course. "
What Is a Forensic Audit?,"While a forensic audit may sound like something exciting you hear about on crime dramas like Law and Order or CSI, the truth is a little more mundane. A forensic audit is a process of reviewing a person’s or company’s financial statements to determine if they are accurate and lawful. Forensic accounting is most commonly associated with the IRS and tax audits, but it may also be commissioned by private companies to establish a complete view of a single entity’s finances. Forensic audits are used wherever an entity’s finances present a legal concern. For instance, it is used in cases of suspected embezzlement or fraud, to determine tax liability, to investigate a spouse during divorce proceedings, or to investigate allegations of bribery, among other reasons. Forensic audits are performed by a class of professionals with skillsets in both criminology and accounting who specialize in following a money trail, keeping track of fraudulent and actual balance sheets, and checking for inaccuracies in overall and detailed reports of income or expenditures. If they find discrepancies, it may be the auditor’s job to investigate and determine the reason for it, or it may be the job of a separate financial investigator.  While many associated auditing with finding flaws, it can be just as important to strengthen a company’s already good business practices. Many companies self-audit on a regular basis to make sure that production and workflows are running smoothly without waste. By presenting regular audits of sound financial practices, a company improves its standing for shareholders, clients, and customers, and the report generated by the audit gives executives a better sense of the internal finances of the business. Of course, this can lead to a downside if the auditing company itself is committing fraud or if it is in collusion with the company or its managers to falsify reports. In this case, a forensic audit may be requested by a judge or an outside company to either determine the lost income as a result of a fraudulent report or to determine the damage that falsified reports caused to: Forensic audits are presented as evidence by a prosecutor or by a lawyer representing an interested party. Because finance is a complex discipline, the jargon used by forensic auditors to describe a company’s financial position is often highly precise. This either requires a prosecutor or lawyer to call upon expert witnesses to explain the significance of the audit in layman’s terms or to have the auditor do so himself or herself in order to build a case. "
Getting A Copy Of A Last Will And Testament,"As with any legal request, getting a copy of someone’s last will and testament depends on the details. While it is impossible to request to look at a living person’s will, also known as a living will, there are instances where you can request a copy of a deceased individual’s last will. If the last will has been filed in probate court, getting a copy is as simple as going to the courthouse and requesting a copy or calling and mailing a self-addressed stamped envelope along with necessary payment for the will. The only hitch is figuring out where the death certificate and other documents were filed. After someone dies, one of the tasks of the executor of that person’s estate is to file the last will and testament in probate court. The executor has the responsibility to determine if the will is actually the last will, and this may take some time. This means that while there is a good chance you can find a deceased individual’s last will if they passed away some time ago, it may be more difficult if the death was recent.  Four Excuses People Use To Avoid Last Wills And Testaments The only people with a legal right to view the last will before it becomes a matter of public record are those who are mentioned as beneficiaries. Ideally, the executor of the estate will inform those mentioned in the will that they are beneficiaries. If you don’t know who the executor of the will is, you can look up the deceased’s death certificate. This is a matter of public record, and it names the executor. You can then contact the executor and ask if you are a beneficiary and if you can see a copy of the last will. If the executor doesn’t respond or refuses to show you the will, you may need to take legal action through the probate courts to force the executor to file the will in probate court so it becomes a matter of public record. Depending on where you live, an executor may be required by law to file a will in probate within a certain amount of time following the estate holder’s death. Be sure to consult with a probate lawyer to know your options. Depending on what you want to find from the will, certain legal actions may be more appropriate than others. "
Using a Cease and Desist Letter to Stop Slander and Libel,"A cease and desist letter is a legal vehicle used before and for the purpose of avoiding having to file a lawsuit. It details the slander and libel and informs the accused party of the accuser’s intent to sue if the problem is not corrected and retractions of harmful statements are not made. Slander and libel are legally defined terms for defamation that require the speech to be financially through damage to your reputation, publicly spread to multiple third parties, and objectively false. In order for your cease and desist letter to be taken seriously, you must be able to demonstrate that your slander or libel lawsuit has a chance of succeeding in court by indicating details about the publicity, falsehood, and damages associated with the instances of defamation you wish to stop. Sometimes the threat of legal action is enough to compel someone to change what they are doing. Few people wish to get involved in the paperwork and courtroom appearances that a defamation lawsuit would require. Not only would a successful lawsuit end up causing the accused party more money for court costs, but it would take up the accused party’s time and could even damage their reputation. A cease and desist letter is a way of giving someone a chance to stop what they are doing and avoid the hassle of a legal fight. Depending on the nature of the defamation actions, the tone of the cease and desist letter may be more formal or informal. If defamation is currently a threat to your business’s income and operations, the letter should have a severe tone and promise immediate legal action if the situation is not rectified. In this case, it would be a good idea to have your lawyer draft your letter so you are sure to touch on all the points. If the defamation only has the potential to become more harmful, the letter may be less severe. How Do You Prove a Defamation of Character Claim? The points you should touch on in your letter include: Because this is a formal legal document, you should title the letter with the words “Demand to Cease and Desist” and date it as well as include recipient and sender name and address information on the letterhead. "
What is a Capias Warrant?,"In the common law system of the United States, a capias warrant is essentially an order to arrest and detain an individual for the purpose of guaranteeing a court appearance. The Latin term capias translates into English as ? for the taking of,? but it is not commonly associated with the seizure of property or the search of premises. A capias warrant should be considered a writ of arrest. In most instances, a capias warrant is issued in connection with failure to appear before the court in a criminal case. A defendant who fails to appear at a criminal court proceeding, for example, could expect a capias warrant to be issued for his or her arrest. Since a capias warrant is a compelling writ, a judge or magistrate must be prudent and ensure that he or she has compelling evidence to issue such an order. Criminal defendants who enjoy freedom thanks to having posted a monetary or signature bond are expected to appear at all scheduled court hearings. When they fail to do so, their bond may be revoked and a capias warrant may be issued. In this situation, law enforcement agencies are directed by the court to take the defendant into custody and deliver him or her to the court. A capias pro fine occurs when a defendant has failed to comply with a court order related to a judgment. For example, a defendant expected to pay a fine or restitution could be the subject of a capias pro fine warrant, but this does not automatically imply that they must spend time at a detention center. The defendant is to be delivered directly before the judge; this gives the subject opportunity to show good cause or explain why the judgment has not been fulfilled.  Capias warrants are not limited to criminal cases. In various jurisdictions, defendants involved in traffic cases who fail to appear in court may be subject to a capias warrant if they fail to pay a fine imposed by a judge. Other jurisdictions issue capias warrants in relation to cases that originated in a civil or family division. For example, a person whose child support order falls into arrears might be compelled to appear before a magistrate by means of a capias warrant. Sheriff and constable departments are usually tasked with executing capias warrants, Some other agencies may contribute such as: In the case of defendants who skip on a bail bond, bounty hunters or bondsmen may seek to execute the capias warrant. For more on warrants, check out the best way to run a free arrest warrant check. "
New York State Restraining Order Rules,"Whether you’re looking into filing one or whether you are on the receiving end, it is important that you know the rules regarding restraining orders in New York State. Also known as orders of protection, restraining orders may be filed with the Family Court or Criminal Court of the state of New York. They are used to limit the behavior of someone deemed threatening in any way. Situations that legally prompt filing a restraining order include but are not limited to threats of harm to someone or their children and verbal or written harassment. There are two main types of restraining order: In all cases, a restraining order can be used to compel someone to stay away from certain people, certain locations, and it can be used to force someone to get rid of their gun(s).  Family restraining orders are also known as civil restraining orders. They may only be filed against related individuals, current or former spouses, common parents of a child, or anyone with whom you have had an “intimate relationship.” Intimacy is determined by a number of things including the length of time you’ve known each other, how often you see each other and whether or not you are physically intimate. Family restraining orders are most commonly used in cases where domestic violence is present and are sometimes attached to divorce agreements, custody agreements, or other affairs that go through Family Court. To file a Family Court Order of Protection, it is best to go through a lawyer or domestic violence agency. They can help you file the necessary forms to prove that you are in need. Many DV agencies offer battered women’s shelters for women suffering from domestic violence; this may be an important first step for your or your children. Criminal restraining orders are similar to family restraining orders, but they are filed against individuals who have been arrested or who have a warrant out for their arrest. If you have been abused, assaulted, or otherwise harmed, you may file for a restraining order through the New York Criminal Court. New York Criminal Law If somebody violates their restraining order, you should contact the police immediately. It is a crime to violate an order of protection, and this will result in the violator’s arrest. A New York Order of Protection is enforceable outside of the state of New York thanks to the Violence Against Women Act. Simply contact the police in whichever state you are currently. The same goes if you to have an out-of-state restraining order in New York State. "
Getting Your Bail Bond Money Back?,"After you have had the misfortune of bailing someone out of jail there is going to come a time where you wonder whether or not you are going to get your money back. However, you are going to have to think back to when you originally posted the bail. This is because when you post bail for someone you are given two options. Either you: Naturally, which option you took is going to sway how and when you get your bail money back. How Do Bail Bonds Work? You are not going to be able to get your money back until after either the defendant has been acquitted or the charged against them have been dropped. In the event that the individual is found guilty, your bail money will go towards the court fees. Unfortunately, if this happens you will not be able to get your money back. Once you know the status of the case, you need to remember whether you used a bail bondsman or if you paid the fee directly to the court. If you were able to pay the court directly, you should have no trouble receiving a full refund for the amount you paid. However, if you decided to, or had to, use a bail bondman chances are pretty good that you only paid anywhere from 10 to 20 percent of the total bail amount. This amount is considered the bondsman’s fee and you will not get any of your money back.  Figuring out when you are going to get your money back is all about knowing exactly when the case ended. Keep in mind, if you happen to move or any of your contact information changes you need to contact the court immediately to let them know. This is because if you actually want to receive your refund check it is important that they have your current address on file. Finally, you will just have to wait anywhere from two to six weeks after the case has ended for the court to send your refund check in the mail. If six weeks pass and you do not receive the check in the mail, you should contact the court. When you call them, you are just inquiring if there was a problem with them issuing the refund check on the bail money that you paid. You will need to provide them with some information in order for them to look through their records to determine if there was a problem. This may include your contact information, the case number, and when the case ended. "
How to Transfer a Car Title When the Owner Is Deceased,"After a person passes away, it is often a challenge for loved ones to figure out what happens next. In addition to the emotional and mental distress of losing someone, there are added challenges when it comes to handling everything the deceased person left behind. Whether you are an executor or a relative, you may find yourself in need of assistance when it comes to things like last wills and testaments, medical records, or titles. In this guide, we will discuss one of those topics:how to transfer a car title. Transferring ownership of a car after death is one of the many cumbersome tasks that are left in the hands of loved ones and beneficiaries. While it is likely one of the last things a grieving person wants to deal with, it is a part of the process of handling the deceased person’s belongings. To help you with the process, we’ve outlined the few steps you will need to take to transfer the title. So, why do you need to transfer a car title when the owner is deceased? This process is necessary for beneficiaries if you want to keep the vehicle, gift it to a family member, or sell the vehicle to someone else. However, it is not as simple as handing over the keys to the new owner. Below, we will discuss who is in charge of the title transfer, as well as the steps to take if the vehicle is a part of a probated estate, what to do if there is no probate, and how to sell the vehicle. We’ve been asked a form of this question many times: “My husband died and my name is not on the car title. What do I do?” Whether you are a surviving spouse, a joint-owner, or a beneficiary, you have the legal authority and obligation to transfer the title of the vehicle to someone else after the owner has passed away (if the vehicle is going to be used, that is). The way to do so simply depends on whether or not the vehicle is part of a probated estate. Once a vehicle owner has passed away, the process for transferring the car title of the deceased person varies depending on whether the vehicle title was in the individual’s name as a decedent or whether it was in a joint ownership. If the title was only in the decedent’s name, you’ll need to determine if the estate is being probated. What’s a probated estate? Probate is a legal process that involves administering the estate of the individual who has passed away. It typically happens when there is no living spouse or beneficiary listed on the will. A probate proves that the last will and testament is legitimate, checking out the deceased person’s assets and property. Then, the Probate Court determines how to proceed with the person’s belongings. During this process, the deceased individual’s property will be distributed based on their will. If the vehicle is part of a probated estate, follow these steps to learn how to transfer a car title after the death of owner: A car title cannot be transferred until the probate is completed, so the executor or administrator of the deceased should contact Probate Court or an attorney as soon as possible to receive further instruction. Depending on the situation and the circumstances, getting the title transferred can be a complicated process. Because every situation is different, it helps to have someone who understands the legal process working in your favor. Once the probate is completed, the heir will receive the vehicle, or the executor can opt to sell it if he or she was the one given the vehicle. While the documents needed does vary slightly from one state to the next, you need to have all of the following in order to transfer the title in most states: If you are the beneficiary of the vehicle or the administrator of the deceased person’s estate, you can visit the Title Office with the above documents to initiate the title transfer. The process of transferring the title of a vehicle without probate varies depending on what state you live in. Most states require the deceased individual’s property not to exceed a certain amount and it to be a certain amount of time since the person has passed away before the transfer of the title can be initiated. In many states, the Department of Motor Vehicles makes it fairly easy to transfer the car title of a deceased person when there is no probate involved. If you are the administrator, joint-owner, spouse, or beneficiary, you may only need to take the death certificate and the title of the car to your Title Office and they will retitle it — no court order or attorneys required. In some cases, the vehicle of the deceased person will be in the possession of someone other than the beneficiary or administrator or the will. This does not mean that the vehicle is gifted to that person, however. If there is no probate on the deceased person’s belongings, the beneficiary can use an affidavit in order to obtain possession of the vehicle. In most states, you can find the Affidavit for Transfer of Personal Property form online. Keep in mind, using an Affidavit for Transfer of Personal Property is not the same thing as transferring the title of the vehicle. You will still need to follow the steps mentioned above after gaining possession of the vehicle. If you have already transferred the title, you can sell the vehicle of the deceased person much like you would sell any used car. However, if the beneficiary or executor is certain they want to sell the car after the person has passed, they do not necessarily need to get the title transferred prior to putting the vehicle on the market. Instead, they can put the car up for sale; once they find a buyer, the beneficiary or executor will sign the title with their name and role (executor for [deceased person’s name]). Then, the buyer will be in charge of getting the title transferred themselves. There may additional registration fees depending on what the status of the vehicle is. All of these fees will be determined and relayed to you after you submit your application to your local DMV. Furthermore, in the event that the vehicle was not registered by the deceased, the new owner will be held responsible for paying any registration fees or penalties. To learn more about handling the legalities of a deceased family member, here’s a look at how to obtain medical records of someone who has passed away. If you have questions about estate planning, don’t wait to get them answered. Get a free case evaluation from a local attorney to learn what the options are for you and you family. "
Best Way To Write A Lease-To-Own Contract,"A lease-to-own contract is a binding agreement between two parties in which one party agrees to rent or lease property, car or big-ticket item, with the eventual purchase of the item. Rent to own contracts may be weekly or monthly, and the portion of the payment that goes towards the purchase price is to be determined by both parties. For example, if a customer is doing a lease-to-own contract on an HDTV that costs $2400, their lease-to-own contract may be $300 a month. $200 of the payment goes towards the payment of the TV, while the other $100 is a fee or the amount of money that the seller is charging to do a lease-to-own contract.  Setting up a Lease-to-own Contract
A lease-to-own contract should be looked over by a lawyer before both parties sign it. Despite the need to have it looked over by a lawyer before completion, there a few items that should be included in the contract. The following are important topics to cover in the lease-to-own contract: ?	Identify the parties in the lease-to-own agreement. The owner and lessee should be identified, as should the item(s) that are being leased. Also, the overall purchase price should be clearly stated in the contract.
?	Establish ownership. The contract should make it clear who retains ownership of the products or goods during the length of the payment period. If it is home, determine the amount of money needed for a down payment or closing cost. Also, both parties should decided if these payments are coming out of the monthly or weekly lease.
?	Determine the length of the lease-to-own period. For example, will the lease-to-own contract be for one year, two years or longer. Will ownership transfer as soon as the final payment is made? If so calculate this date, and include it in the contract.
?	Determine the lease-to-own payments amount. Calculate the monthly or weekly payment amount of the property or item. This contract should also include information about late fees, returned check payments and interest rates (if any).
?	Define what constitutes a default of the contract. For example, non-payment, failure to pay property taxes (if needed) or another type of breach of contract.  Record the Contract
Recording the contract means that both party?s sign, date and acknowledge their agreement of the terms in the lease-to-own contract. It is best to have a witness or notary available to complete this process. Once the lease-to-own contract is recorded, it is legal and binding for both sides. "
What Are New York State Window Tint Laws?,"Tint laws specify the minimum amount of light transmittance on vehicles’ windows. Specific provisions for New York’s tint laws may be found in Section 375 (12-a) of the Vehicle and Traffic consolidated laws. The window tint laws in New York state were last amended in 1991 and are among the most severe of any state.  New York tint laws require that all vehicles have no less than 70 percent light transmittance on the windshield and front side windows, excepting the top 6 inches of the windshield, which may be tinted to any darkness. Vehicles classified as station wagons, sedans, coupes, hardtops, hatchbacks or convertibles may not have back side windows of less than 70 percent light transmittance, while SUVs, vans and other vehicles may have any level of tint on the back side windows.  All New York vehicles may have any level of tint on the rear window. However, if the rear window and rear side windows are tinted to less than 70 percent, the vehicle must be equipped with functioning side mirrors and properly adjusted so that the driver can have a clear view of traffic behind it. While there are no restricted colors of tint in New York state, windows may not appear metallic or mirrored. Furthermore, all tinted windows must prominently display a sticker between the film and the glass specifying that the tint level is within legal range. There are medical exemptions for individuals who must be “shielded from the direct rays of the sun” due to a variety of potential symptoms and conditions. You must consult with your doctor, have him or her make a statement to prove that you have such a condition along with the minimum amount of light you can tolerate, and apply with the office of the New York Commissioner of Public Health for an exception to the tint laws. The Commissioner’s Office will then provide you with a “sufficiently noticeable sticker” of exemption to affix to the affected windows, according to Section 375 (12-a). There are very harsh window tint laws in New York state for two reasons. First, having clearer windows improves visibility while driving, making it less likely that you will get into an accident. Window tinting especially decreases visibility at night. Second, clearer windows ensures that peace officers can look inside vehicles at a glance and make sure that there are no drugs or contraband in the vehicle. "
Writing a Contract Addendum,"A contract addendum is an agreed-upon addition signed by all parties to the original contract. It details the specific: These will be changed in the original contract but otherwise leaves it in full force and effect. Contract addendums are tricky to write because contract law is very clear that all parties must abide by the contract as it stands. The goal when writing a contract addendum is to only change the parts that all parties want to change while not creating any loopholes or unintended consequences in the agreement as it stands in writing. How To Terminate A Contract Letter You should make sure that your addendum looks like and is connected to the original contract. It should use the same typeface, margins, and font size, and it should be titled, “Addendum to _________ of (date).” The beginning section should list the parties to the original contract and should specify what certain terms mean, for instance, “the Contract” should be specified as the original contract, and “Addendum” should be defined as such. The addendum should specify the date at which it comes into effect. The most important part of the addendum is to list the terms and parts of the original contract that it modifies. Write things like, “The Contract shall be modified as follows,” with the old written portion and the new written portion side by side so that the differences are obvious. You may also use the strikethrough and bold styles to emphasize the added and removed parts, but be sure to identify what each style means. Any deletions from or additions to the original contract should be listed in the body of the addendum as well. Be clear, thorough, and concise in your writing. Finally, you should add a signature line at the end of the addendum so that all parties in the original contract may sign it. The original contract should be affixed to the addendum and filed by all parties.  If the contract is a serious agreement with a lot of money at stake, it is highly recommended that you consult with an attorney to look over your original contract and addendum to make sure that it is airtight and that there are no loopholes created by the new additions. This is especially the case for long contracts where a change in one definition or term may affect the meaning of another. "
What is a J.D. Degree in Law Mean?,"A juris doctor, or J.D., is an academic degree awarded to an individual at the completion of a period of study at a law school. The holder of a juris doctor must take a bar examination given by the state in which the person desires to be admitted to practice law. The J.D. is a relatively new degree, having been first awarded in the 1960s, that was created to replace the bachelor of laws, or L.L.B., that law schools had been awarding to graduates. Acquiring the Knowledge to Practice Law The training of lawyers began as an apprenticeship program in which aspiring attorneys worked in the office of an established lawyer in what was known as a clerkship. The young clerk was expected to read the law and acquire the skills necessary to satisfy the attorney that the clerk was ready to join the ranks of established members of the legal profession. The process of admission to the bar during the clerkship era involved a motion by the attorney to the court asking that the clerk be added to the rolls of those admitted to practice law in the state. The process usually concluded with the court clerk making an entry of the new attorney?s name into a ledger containing the names of all those admitted to practice law in the state. The First Law Degrees Law schools came into prominence following the Civil War. Law schools offered a system for the education and training of prospective lawyers that could eliminate the wide variations in knowledge and skills produced under the clerkship system of legal training.  Entry into law school required at least two years of college, but eventually this was changed to a requirement of a four-year college degree for entry into a three-year program of study at a law school. Upon completion of their studies, law students were awarded a bachelor of laws.  Emergence of the Juris Doctor By the 1960s, the academic world and the legal community questioned the continued awarding of what was essentially a bachelor?s degree to a law school graduate. The juris doctor was adopted to replace the L.L.B. and give recognition to a law degree as a professional degree on a par with the degrees earned by medical school graduates. Most law schools today award graduates a juris doctor. A juris doctor is not a terminal degree. Holders of a J.D. can return to law school and pursue a graduate course of study leading to a master of laws or L.L.M. The terminal degree in the study of law is the doctor of judicial science or S.J.D. "
What Is A Lien Release?,"A lien release is when the holder of a lien, or security interest in a piece of property, lifts or waives the lien, rendering the property free to purchase. A mortgage is the most common type of lien and represents the security interest the bank has in the real property. If you plan on selling a piece of real estate with a mortgage, the bank that holds your lien must be involved in the transaction to make sure that the lien is released or transferred before the transaction can take place. If this does not happen and money is not repaid to the bank to service the debt, the bank can legally take possession of the house or prevent the sale of the property. When the lien release is signed, the bank acknowledges that it no longer has any claims on the real estate.  There are many ways in which property can be lost. For instance, if the owners default on their taxes, the city or county may take ownership of the property and sell it in a sheriff’s sale. When the property is purchased, it may still have the liens against it. A home may still have liens against it if the owners simply walk away and stop servicing their debts. The bank still wants its original mortgage against the property, whether it is a home, vehicle, or other large purchase, and it can step in and prevent the sale if the lien is not paid. The buyer may need to hire a real estate or property attorney to advocate in court for a lien release. In general, ten years is the maximum amount of time that judgments and liens on a property last, so a lien release may not even be needed unless the bank fights it every step of the way. Depending on real estate laws in your county or municipality, the judge may be able to compel the lienholder to release the lien, but you should consult with your attorney before attempting this process. A trial will end with the judge either granting the lien release or demanding that one party pay a part or all of the debt on the property before clearing the lien. Property Law A lender is required to send you a notice of lien release at most 30 days following the repayment of the debt through purchase or through the final pay-off of the mortgage. If the bank does not provide this release, you may need to consult with your attorney. "
Renewing Your Learner’s Permit,"Learner’s permits typically require you to drive a certain number of hours with supervision and take a driver’s education class before you apply for a full driver’s license. However, it may be the case for a variety of reasons that you are unable to spend the time you need to feel confident in your driving ability or to meet your state’s requirements for a driver’s license before your learner’s permit expires. Permits typically expire after two years, and if your permit expires before you can get your license, you will need to renew it before you can get behind the wheel of a car. It is illegal to drive with an expired learner’s permit, even if you are following the permit rules and have a qualified driver in the vehicle with you. Different states have different rules and regulations regarding the renewal of your permit. Some states require you to visit the DMV before the permit expires, while others allow you to apply for renewal up to 60 days following the expiration. Some states require a permit renewal fee while others allow you to renew for free. Still, others will require you to take the written or vision test again in order to be issued a new permit.  What Is The Penalty For Driving With An Expired License? It is a good idea to read up on the requirements for your state, but most states require the following documentation to renew your learner’s permit: Fees generally cap at about $20 but visit your state’s DMV website for specific pricing information for a learner’s permit. If you live in a highly-populated area or you know that the DMV will be crowded, you may want to make an appointment to renew your permit beforehand so you are assured of a quick turnaround time. Come in prepared to retake the vision and written tests unless you are 100 percent certain that you don’t have to do so. In addition to providing copies or bringing proof of identity, residence, and citizenship, you may also need to fill out an application to renew your learner’s permit. This application will contain standard information to fill out like your name, address, birth date, and permit number. You may fill out the application before you visit the DMV or pick up an application and fill it out on site. "
What are Laws for Handicap Parking Spaces,"Enacted in 1990 and amended in 2008, the Americans with Disabilities Act (ADA) established the rights of qualifying individuals with disabilities to have access to public parking spaces and building entrances. The website for all the conditions related to the Act is: www.ada.gov. Within the Act are federal regulations and guidelines for the establishment of reserved handicap parking spaces.
Every state and territory has established laws regarding the application process for and possession of vehicle handicap plates and placards plus any associated fees. Within the ADA the federal government defines the location, the number, and the size of handicap spaces in public and private parking lots. Reserved parking lanes for handicap vehicles are to be located nearest to building entrances from the parking lot. If there is more than one building entrance, or no building entrance from the parking lot, the handicap spaces are to be nearest the pedestrian walkways into and out of the parking lot or nearest to an elevator. The number of parking spaces to be reserved for handicap vehicles and vans is calculated based on the number of spots in a parking lot. Lots with 1-25 spots need 1 handicap space; 26-50 spots need 2 handicap spaces; 51-75 spots need 3 handicap spaces; and 76-100 spots need 4 handicap spaces. Larger lots have different requirements. Lots with 101-150 spots need 5 handicap spaces; 151-200 spots need 6 handicap spaces; 201-300 spots need 7 handicap spaces; 301-400 spots need 8 handicap spaces; and 401-500 spots need 9 handicap spaces. Lots with a capacity of 501-1000 spots need to reserve 2 percent of the total spaces for handicap parking. Lots with a capacity of over 1001 spots need to reserve 20 handicap spaces plus 1 additional space for every 100 spots over 1001. Additionally, for every 8 handicap spaces 1 space must be van accessible. If a lot only has 1 handicap space, that space will also be designated as van accessible. The ADA provides the governing regulations for the width and height of handicap spaces. Each handicap space must be 8 feet wide and the van accessible spaces must have 98 inches of height clearance. The no parking space between handicap spaces must be 5 feet wide and the spaces next to or between two van accessible spaces must be 8 feet wide to accommodate the loading and unloading of wheel chairs and walkers. "
How to Stay Anonymous When Reporting Drug Dealing,"Drug dealing is a catch-all term used to describe a number of criminal activities connected with drug trafficking. They may involve smuggling, distribution, retail sales, manufacturing, and others. These activities are often accompanied by danger and corruption, and in some cases they bring about unpleasant effects; for example, street-level drug dealing can quickly turn a neighborhood to blight. The protracted War on Drugs has shown us that drug dealing is a problem that affects several levels of society. While prevention and treatment are the most powerful weapons against this wicked trade, law enforcement agencies working together with communities are also very effective in keeping drugs out of neighborhoods. To this end, police departments often rely on information from the public to help them find pockets of criminal activity and locate suspects. Over the last few decades, drug dealing has been enshrouded with violence and intimidation. For this reason, many people feel discouraged when it comes to alerting the authorities about criminal activity involving drugs in their neighborhoods. They fear that their information could cause harm to their families or to themselves due to reprisal from drug dealers that resort to violence. Concerned citizens who wish to stay anonymous when they report drug dealing have a few options. Law enforcement agencies often have internal programs in place to safeguard the anonymity of people who come forward with information about drug dealing, but this is not the best method. Information managed by police departments can be leaked, and this in turn can compromise the anonymity of informants. In the United States, the Crime Stoppers program has proven to be effective in the anonymous collection of crime tips. To get in contact with Crime Stoppers, informants must find the local telephone number, which can be searched online. Crime Stoppers operators are specifically trained to protect the identity of callers at all times, and each case is assigned a numerical code to follow up on. An additional measure of security and anonymity can be added by entering the code *67 prior to dialing the Crime Stoppers number. This will block the telephone number identifier. Callers must be mindful with regard to providing information that may compromise their identity when the investigation is conducted; for example, mentioning that they live close to street corners where drugs are sold on a retail basis or that they personally know suspected criminals. "
Giving Up a Father’s Parental Rights,"Choosing to relinquish parental rights is an emotional ordeal. When a father realizes that he cannot physically care for his child, he may decide that giving up parental rights is the best course of action. However, giving up these rights are not as simple as walking away. A process must be followed to legally relinquish parental rights so someone else may raise the child. Though the process varies from state to state, in most cases it begins with paperwork. The father begins by signing a Voluntary Termination of Parental Rights consent form. This form is notarized and then filed with the court. An important note is that fathers who relinquish parental rights are still obligated to support the child even after this form has been filed. He must provide physical care if there are no other options available. If the child is in the care of the mother or another caregiver, the father must continue to provide financial support. After the paperwork has been received, a court date will be set. The father must appear at the court to finalize the process. The judge may or may not grant termination of parental rights. He or she will weigh whether or not the father appears to have been coaxed into signing away his parental rights, if his judgment is impaired, or if it is in the best interests of the child. During the court date, a father should be made aware of any further financial responsibilities, such as medical or educational expenses for the child. Once the judge finalizes the termination, the father should receive a copy of the court order. A father may have a change of heart after he has terminated his rights to the child. The first step is always to hire a lawyer. He or she will guide the father through the process, but this does not mean that the father’s work is over. He must have evidence that the new living conditions for the child are not meeting his or her needs. Fathers must also compile character witnesses and reference letters from family members, friends, and co-workers to prove that they should have the control they once relinquished. The opinion of the child is also determined when weighing this decision. Fathers who have good relationships with their children are much more likely to have right restored. "
Difference Between Joint Tenancy and Tenancy in Common,"Joint tenancy and tenancy in common are two most common classifications of ownership of a property. The difference between these two is important when owning a house or a piece of real estate. This is due to the fact that more and more people are interested in purchasing real estate. These purchases are often done by spouses, who are legally married, or by friends who decide to buy and share a house together. During these purchases, the parties must be able to determine how they are going to take the title to their newly purchased house. This is important since it will determine their rights toward the home, whether they are still together, if they have moved to another house or if one of the parties already transferred residence. Basically, joint tenancy pertains to homeownership in which each party is on the home title and has an equal interest in the property. An example of a joint tenancy is the ownership over a house by a married couple. In this situation, each of the spouses has an equal share and interest over the house. In the case of divorce, each spouse may sell his or her share in the property. Once there is a sale, the joint tenancy becomes tenancy in common. Tenancy in common, on the other hand, refers to ownership over a certain property by two individuals without any right of survivorship. They are co-owners of the property and their shares and interest over said property are equal. However, there are also situations in tenancy in common when the parties do not have equal shares. The sharing scheme shall depend entirely on the stipulation of the parties. Joint tenancy and tenancy in common have different rules concerning the death of one of the tenants. This is the main difference between these two kinds of tenancy. In tenancy in common, the death of one of the parties shall have the effect of transferring the rights of the decedent tenant in favor of his heirs. In joint tenancy, the parties enjoy the right of survivorship. This means that when one of the co-owners dies, the survivor co-owner shall get the decedent’s share over the property. In joint tenancy, each co-owner’s possession, interest, time, and, title of the property is vital. In order for the transfer of rights to accrue, there must be a will of a deed executed in favor of the survivor. If you are looking to learn more about property law, check out our guide on Property Law. "
What are the requirements for a hardship license in Texas?,"A hardship license is granted to Texas residents who are between the ages of 15 to 18 who were able to complete an approved driver training course and who were able to provide proof of the need to drive.  How Do You Look up License Plate Numbers? For the first reason, the applicant must show that he or she have met the conditions set forth by law such as: that the applicant is married and he maintains his own household away from his parents or guardians, the applicant is the head of the household, he has dependent children and is responsible for their care, that applicant is the only member of the household who is eligible to drive, that the head of the household is away making it necessary for the applicant to maintain the household, that there will be a difficulty for the other members of the family to drive the applicant to his school and place of work, that there is no school bus or other public transportation available to bring the applicant to his school and that the applicant works at his parent’s farm, which is the source of the family’s support. In order for the applicant to qualify based on the fact that a family member is ill and needs to be driven to a treatment facility, the former must provide a signed statement from a family doctor verifying that the sick member of the family should not be allowed to drive because of his health condition. If the applicant is filing the application based on the fact that he is attending avocational school, he must provide a letter from the school principal which certifies that the applicant is enrolled and that the course is eligible for academic credit approved by the Texas Education Code and that the applicant needs to drive in order to attend the course. "
What are Employees’ Right to Stress Leave?,"Stress is inevitable, especially the kind that stems from the workplace. Whether you have a major deadline coming up, or you are having a disagreement with a coworker, jobs can cause some of the highest amounts of stress in a person’s life. According to Everyday Health, workplace stress is ranked as the third biggest stressor in Americans’ lives, with 61 percent of adults attributing their jobs as a major source of stress. However, stress at work shouldn’t always be chalked up to an approaching deadline or difficult coworkers. Sometimes, the workplace itself can be a serious threat to a person’s health. One way to find some relief is to take a stress leave to cope with severe stress and mental health issues – but what exactly are your rights in the eyes of the law?  Stress leave is an extended period of time where an employee takes off work to deal with and recover from a serious stress-related illness or injury, typically a mental illness. Laws regarding stress leaves vary state by state, as well as at the federal level, so it is important to contact your state’s department of labor if you are considering requesting a stress leave. Legally, employees’ rights to a stress leave depend on whether or not the company they work for is covered by the Family and Medical Leave Act (FMLA). FMLA “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.” Under the FMLA, employees who claim leave based on their own medical condition such as “stress,” must show that the leave is: (1) the result of a serious health condition and (2) that said condition makes the employee unable to perform the functions of his or her job. According to the United States Department of Labor, the following employees are eligible for time off due to the FMLA: The law states that the employee must have received “continuing treatment” for the condition. Said continuing treatment, according to the rulings of the court, must relate back to the condition that initially caused the incapacity to work. The law also states that if the employee did not receive inpatient treatment, he must show that he received treatment from a health service provider and that he was incapacitated to work for three consecutive calendar days. Failure to comply with the above requirement will deprive the employee from being entitled to an FMLA leave. If your employer is not covered by FMLA, this does not always mean you are out of luck. However, the requested stress leave is in the hands of your employer to approve and may be taken as unpaid personal days. The best way to know if your employed may understand a stress leave is to look at your benefits package. Does it mention that you are allowed to take personal days? If so, your employer may be more understanding of your request.   Asking your employer for a stress leave is never an easy thing to do. It often leaves the employee feeling vulnerable as to how the employer will respond. If you are considering requesting time off for a stress leave, whether or not you are eligible under FMLA, it is important to do it during an appropriate time. If you are nearing a deadline or the company is in the middle of a busy season, it is best to wait until things slow down to put in your request. Filing for an FMLA leave only requires notice to the employer. A 30-day written notice must be sent to the employer in order for the stress leave to be approved. Also, medical certification must be submitted to the employer. A medical practitioner must attest that the employee suffers from a serious medical condition and explain how such condition impairs the employee’s ability to perform his work. The report must also include the required treatment. This certification can either be issued by the employee’s physician or a mental health specialist. Five days after requesting stress leave, you should hear back from your employer about the decision. If you do not agree with whatever they decide, you can contact the State Department of Labor in your area or the US Department of Labor. If your employer approves your stress leave, it is important to take it seriously and follow your doctor’s orders, so you return to work in a healthier, happier state. For more employment law information, here’s a look at How To Check For Unemployment Eligibility. "
How to Obtain a Tax ID Number for an Estate?,"The tax identification number issued to an estate is the same tax identification number issued to juridical entities that are required to pay taxes such as businesses. This is referred to as the Employer Identification Number or EIN. There are three ways to apply for an EIN which are as follows: by mail, by telephone, and online. In order to apply for an EIN for an estate, the applicant must be the administrator or executor of the decedent’s estate appointed by the court or by the decedent himself. The personal tax identification number and the Social Security number of the decedent will also be required in the application.    "
What is a Public Trust Security Clearance?,"A Public Trust Security Clearance refers to a status granted to individuals which allows them to gain access to classified information such as state secrets and military classified data. They also may gain access to restricted areas after the completion of a thorough background check. In the United States, a security clearance is granted to individuals recognized to be under the maximum level of clearance. The clearance is issued to federal employees of various agencies whose positions directly or indirectly affect the public at large. In the U.S. there are three levels of public trust security clearances which are high, moderate, and low. These levels reflect the potential risk to the employing agency and the general public. The federal agencies designate the specific levels of security clearances that are at par with the level of responsibility entrusted to the position. How Do I Check On My Security Clearance Status? High Public Trust Positions include upper managerial positions, offices responsible for running major programs, and positions related to policy development and implementation, law enforcement officers, or any other position that requires the carrying of weapons. Moderate-risk positions, on the other hand, refer to those which pose a moderate to a serious threat to the public welfare. These include policy assistants, mid-level management, positions that involve independent actions, and service positions that require public trust. The third classification is the low-risk position which generally involves duties with a limited effect on the employing agency such as housekeeping, food service, and other support positions. Public trust positions include those which are responsible for policymaking, law enforcement, fiduciary management, public health, and safety, or any other activity which involves public welfare. These positions are considered as trust positions since they have access to sensitive data such as financial or personal records and other matters which can be manipulated to cause physical or financial harm to the public in general or to the controlling agency.  The controlling authority for public trust security clearance investigations is the U.S. Office of Personnel Management (OPM). The investigations are conducted by the OPM or through an authorized investigating agency. The Office of Personnel Management is responsible for setting up the guidelines and implementation of the federal employment suitability programs and processes. It also conducts investigations of contract employees which requires a clearance. The OPM’s level of the investigation varies with the level of clearance sought. A minimum investigative level includes a National Agency Check with Inquiries or NACI. The investigation includes: "
Calculating California Vehicle License Fees,"After the purchase of a vehicle, state laws require that the same be registered with the Department of Motor Vehicles. The system of registration of vehicles was made for the purpose of having a compiled information regarding the number of vehicles used in a certain state, the number of vehicles owned by a particular individual, the number of traffic violations involving the vehicle or it’s owner and other related matters. In the process of registration of vehicles, the government collects fees and charges therefor. Some states provide an online tax calculator for this purpose. This is specially helpful if the applicant purchased a used vehicle from a private person. If the vehicle is purchased from a dealership company, the registration fees will be included in the purchase and will be dealt with by them. If the state does not provide for a service similar to car registration fee and tax calculator, it is a must to take note of the following factors which affect the determination of registration fees: In some jurisdictions, the city or county of residence, lien information, and other information on the vehicle such as the number of cylinders, vehicle weight, and fuel type are also considered. In the State of California, a system of Vehicle Registration Fee Calculator was made available to the public. Through the use of this system, the applicant for registration may select a calculation of the following: The result of the system’s calculation may vary depending on the data supplied by the applicant. The fees are mere estimates and are subject to statutory change. The following are the basic registration fees for non CVRA vehicles in the State of California: Registration fee $46; California Highway Patrol Fee $23; Vehicle License Fee – varies; Motorcycle Safety Fee $2; Unladen Weight Fee – varies; Smog Abatement Fee $20; County Fees – varies; Personalized or Special Interest License Plate Fee – varies. The following fees will be charged for CVRA vehicles: Registration Fee CVRA vehicles $122; California Highway Patrol Fee $37; Vehicle License Fee – varies; Weight Fee – varies; Smog Abatement Fee $20; County Fees – varies; Cargo Theft Interdiction Program Fee $3; CVRA Weight Sticker Fee $3; Personalized or Special Interest License Plate Fee – varies. "
How to Obtain Police Reports,"Record keeping is one of the most important functions of law enforcement agencies across the United States. Police officers are trained to document their observations and actions whenever they are called upon to perform their duties, and they do so on police reports. These reports become official records, and they are carefully kept for the benefit of the public.  Police reports are generated just about every time a law enforcement officer responds to call. This includes motor vehicle accidents, arrests, investigations, and several other situations. Police reports are entered in criminal court proceedings, and they are also used by insurance companies when they investigate claims. Although police reports are rarely admitted in civil court cases, they can help attorneys in identifying witnesses and getting a better sense of how a situation developed into a lawsuit. The process for obtaining police reports can be different across jurisdictions and agencies. Police reports are essentially government documents and thus part of the public record, but this does not necessarily mean that anyone can simply walk up to a precinct and ask for copies. The procedure for obtaining police reports is statutory and usually falls under the freedom of information law of each state. In most cases, crime victims and people involved in motor vehicle accidents are allowed to go to a police department, identify themselves and request copies of police reports. Some jurisdictions allow attorneys to get police reports on behalf of their clients, but those who are not directly involved in the accident or incident may have to file a written request for public records. Just about all police departments offer the option of requesting and receiving reports in person. In some jurisdictions, police reports can be ordered online. The options to request police reports over the phone or to receive them by mail are becoming rare these days.  Police reports are usually kept on file at the station they were written for a few days or a few weeks before they are transferred to a central archive location. The fees for obtaining police reports soon after they are created are usually very reasonable; but, the fees tend to increase significantly after the reports are sent to a central records facility. "
What is the best way to find out the release date of a prisoner?,"Before the advent of interface technology, the only method in order to find out if a certain prisoner has been released from prison is to verify the fact of release, via telephone call or personally, from the local prosecutor’s office or from the holding facility where the prisoner is being held. Now, this information can easily be accessed through the internet via the VINE system. The Vine System or the Victim Information and Notification every day is a Victim Alert Notification System which was initiated for the purpose of alerting the victims that the accused is about to be released on a particular date. This fact is particularly important for the victims, specifically in sexually related offenses, in order for them to implement some security measures in order to avoid contact with the prisoner. The information being relayed by this system is up-to-date and includes automatic notification of the information to the victim. The system allows easy access to information regarding the criminal cases and custody status of the offenders for 24 hours every day. How To Find An Inmate’s Release Date  This service is free for: Victims may register online for the service. The identities of persons who registered will be kept confidential and will not be released to the prisoners. However, due to the growing number of records of prisoners in the country, more information is needed in order to access the release information of a particular prisoner. The following information may be required by the service: first and last name, middle initial, aliases, case number, court location, social security number, former address, date of birth, and location of the jail. The information released by the VINE must be taken seriously. Victims who are notified of the date of release of a prisoner may take precautionary measures in order to protect themselves if they are vulnerable to being harmed or attacked. If the victim feels that the prisoner may initiate contact, he or she may petition the court for the issuance of a temporary restraining order. But, this act may expose the current address of the victim. Thus, in order for the victim to be fully protected, he or she may petition the court for the issuance of a permanent restraining order. This shall prevent the prisoner from making contact with the victim. Any act or plan of future harm or attachment may also be prevented. "
How to Give Someone a Power of Attorney,"There are several reasons why getting a power of attorney (POA) may be necessary. Whether your health is declining or you plan to travel for an extended period of time, appointing a trusted individual as your power of attorney can make a world of a difference. Essentially, a power of attorney is a document that gives an individual (agent or attorney-in-fact) the legal authority to act on behalf of another person (the principal). The main purpose of this document is to ensure the principal’s health and finances are taken care of by someone they trust in the event that they become incapacitated and can no longer make decisions for themselves. Most people associate power of attorney documents with elderly dementia patients, but the need for a POA can be as simple as a principal needing an agent to sign a contract on their behalf while they are out of town. So, how do you give someone power of attorney? In this article, we’ll go over the steps you will need to take to appoint a power of attorney, as well as what to consider if someone asks you to be an agent. But first, let’s go over a few key terms that you will need to when learning how to give someone a Power of Attorney. Power of attorney is a binding legal document, so it is essential to fully understand your options. Whether an agent is appointed to take care of the principal’s finances, medical decisions, or both, their duties and expectations will be outlined thoroughly in the document. Keep in mind, each POA document is unique to each principal’s needs and desires for their future. Below are the different types of agents. With a springing power of attorney, the agent’s duties do not begin until the principal becomes incapacitated. The document must define what it means for the principal to be determined incapacitated, so there are no discrepancies between the two parties. The agent’s duties begin as soon as the document is signed and continue in the event that the principal becomes incapacitated. A durable power of attorney can be ordinary/general or limited; the details of the agent’s role and expectations must be outlined in the document. For instance, a durable power of attorney may allow an agent to handle a principal’s finances before and after they are incapacitated. All legal details of the durable power of attorney are covered in the Uniform Durable Power of Attorney Act (UDPA). The agent’s duties are not exclusive to one area of the principal’s life (i.e. medical, financial, real estate). Rather, this attorney-in-fact is responsible for making decisions across the board for the principal. Typically an ordinary/general power of attorney is appointed to a trusted family member when the principal is experiencing a decline in health. The agent is responsible for a specific area of the principal’s life, usually medical or financial decisions, but not both. In some cases, a limited power of attorney will grant an agent the authority to make a one-time decision, such as signing a contract on behalf of the principal.  Giving someone a power of attorney is never easy. In many cases, the decision comes with a sick or elderly family member. And while it is difficult to predict what their future will hold, one of the best ways you can protect yourself and your loved ones is to appoint a trusted individual as attorney-in-fact. A power of attorney may be given to a person through a printed form. Each state has its own preferred form. These forms may also be printed or bought from online legal sites. Review the steps below to learn more about giving someone a power of attorney. While selecting someone to be your agent sounds rigid, it’s a matter of putting your life in someone else’s hands. Before jumping the gun, have multiple conversations with trusted family members and/or friends. The ones who know you best will be able to help you make this big decision – and, oftentimes, it is revealed to you which of your family members is willing to take on the responsibility themselves. If you do not have someone in your personal life that you trust to be your attorney-in-fact, you may consider hiring a professional fiduciary. This is simply a paid professional that will carry out your wishes once you are no longer able to. And generally, a paid fiduciary is appointed a limited power of attorney, only handling your financial assets. Once your agent(s) has been decided, you will want them to meet with your attorney so everyone is on the same page. You may wish to speak to an attorney to familiarize yourself with the process before you make any decisions at all. It is entirely up to you. Either way, your attorney will know all of the minute details that go into a power of attorney document. They will also be able to give you professional advice if you are struggling to make a decision. Maybe you need one person to make all of your financial decisions, while you have another person in charge of health care choices. Or, maybe you have one person in mind to handle manage all areas of your life. Is your agent responsible for a specific task like signing a contract for you, or are they in charge of making all of your financial and medical decisions until death? Fleshing out the details is extremely important so there is no confusion about the agent’s role after the document has been signed. Once you have determined who will be appointed your agent, as well as what duties they will be responsible for, it is time to create the power of attorney document. You can get this form from the American Bar Association or websites online. It is a simple template, so you do not have to worry about leaving anything out. Include your name, as principal, and the name of the attorney-in-fact. Each form already lays down the tasks to be accomplished by the agent. You only have to check the corresponding boxes of the tasks. You may then select the powers that you will give to your agent. In many states, the form must be filed before the county clerk to validate the document. Be sure to check your state’s requirements and discuss with your attorney before signing the form. You must also bear in mind that a power of attorney may be revoked at any time. You may also transform a general power of attorney or special power of attorney into a “durable” power of attorney. As already explained, it is “durable” since said authority endures even after the death of the principal or even after the principal was declared by a competent court to be incapacitated. You can also execute a “springing” power of attorney. This term pertains to an authority that takes effect only after the principal becomes incapacitated.  Maybe you are a caretaker for someone in your life, or you have a sick parent. Either way, you want what is best for them, including the right people to help and support them through this difficult phase in life. If you believe you are the right person for the role, it can be a tricky – but crucial – conversation. And remember: getting power of attorney over someone is entirely their decision, but we have some tips to help you navigate the waters. After all, the power of attorney is in place to benefit the principal and make sure their wishes are carried out in the event that they can no longer make decisions for themselves. If you want to get power of attorney over someone, be sure that you fully understand what they want to happen with their finances and health care. It is also a good idea to discuss what your compensation will be as attorney-in-fact, if any. Obtaining guidance from an attorney is one of the most comforting parts of the process. Show the principal that you care and want to give them the best future possible by accompanying them to meetings with the attorney. Ask lots of questions, and loop the principal in on any conversations you have with the attorney outside of your meetings. As mentioned above, a principal may have multiple agents responsible for different areas of their life. If you have been appointed a limited/special power of attorney, be sure to speak with the other agent(s) about each of your roles and how you will work together for the betterment of the principal. As an attorney-in-fact, you will likely be faced with making difficult decisions. It is essential that you maintain record of every action you take on behalf of the principal. This can be as small as keeping receipts for food you buy the principal and as significant as making a medical decision for them. When making medical or financial decisions for the principal, you also must have the power of attorney document on hand to show banks, physicians, etc. Obtaining Power of Attorney can feel like a lot of pressure. After all, you are responsible for the financial and/or medical decisions on behalf of another person. While this role should not be taken lightly, you do not need to be concerned about being liable for the principal’s financial outcomes. For instance, many agents worry about the financial debt that builds up from nursing home fees and medical care. However, you are not responsible for paying off any debt or expenses incurred by the principal. The only way you could be held liable is if you act negligently and not in the best interest of the principal. Keep in mind, being assigned power of attorney is not the right choice for everyone. Ensure that you have the capacity to handle the responsibility and the desire to care for the principal. For example, consider if the principal has a medical emergency; you may need to take time off work, travel to meet them, or make life-altering decisions. If you are not comfortable or willing to do so, it is best not to agree to be an agent. Elder attorney John Ross stated, “Tell that person, ‘I’m concerned about you enough to tell you that I’m not the right person.'” If someone is concerned about their medical and financial future, assigning a Power of Attorney before things get worse is one of the best things you can do to ensure you and your belongings are taken care of. As previously stated, a principal can only grant someone power of attorney if the principal is legally competent. So, what happens if someone is in a sudden accident, or has dementia and is deemed incapacitated before a power of attorney has been assigned? While the principal will not be able to grant someone POA, there are other options for loved ones to consider. One of the options is adult guardianship (conservatorship), which is similar to a power of attorney. In this case, a judge would make the final decision on who should be the guardian, not the principal (if an adult is declared mentally incompetent, they are no longer able to make legal decisions0. The process of determining an adult guardianship can be expensive, as well as stressful for the family because it is often tied to an unexpected illness or decline in health of the principal. To learn more about POA, take a look at 5 Things to Know About a Medical Power of Attorney. A durable power of attorney is an exclusive type of power of attorney. A durable power of attorney is distinctive from a regular power of attorney and allows the agent to act on the principal’s behalf beyond the incapacity of the principal. A durable power of attorney may be immediate or springing. The immediate power of attorney starts immediately after the durable power of attorney has been executed. The springing durable power of attorney goes into effect after a specific event occurs. For instance, it can be the disability of the principal. Durable powers of attorney are often created to deal with property or health care decisions. When someone considers creating a durable power of attorney, it is important to choose the right agent. The agent should be a person that the principal trusts and who will not take advantage of the principal when she or he is incapacitated. The agent is often a family member or a friend of the principal. A durable power of attorney has certain advantages. Before it, the only way to take care of the affairs of an incapacitated person was to appoint a guardian. Appointing a guardian is a complex and costly court proceeding. A durable power of attorney, on the other hand, is a very easy and inexpensive procedure that does not require a judicial proceeding. All legal details of the durable power of attorney are covered in the Uniform Durable Power of Attorney Act (UDPA). All American states recognize some form of a durable power of attorney and versions of it vary from state to state. However, certain powers cannot be performed by the agent, such as the powers to create, edit or revoke a will, contract a marriage, vote or change insurance beneficiaries. A durable power of attorney can be revoked or revised at any time as long as the principal is competent to make such a decision. If the principal is not competent, a durable power of attorney continues until the principal dies. After a divorce, child custody issues often force ex-spouses to deal with one another on a semi-permanent basis. Once custody matters have been settled, these two individuals must periodically meet to discuss the terms of their agreement and exchange their children at changing points between their fixed custodial terms. For instance, one ex-spouse might meet the other on a Friday evening in order to pick up his or her daughter for a court-ordered weekend visitation period. In most cases, one partner enjoys a more robust legal relationship with her or her children. This is known as “full custody.” The partner who lacks full custody may be able to see his or her children at certain times in an arrangement known as “partial custody” or “visitation rights.” These custodial agreements are typically reviewed by a family court judge on an annual basis. If a change in circumstances warrants a revision of the custodial agreement, the judge may transfer, extend or terminate custodial rights as he or she sees fit. When an ex-spouse is convicted of a crime and incarcerated, such a change might be warranted. Most family court judges would agree that it would be improper for a small child to spend significant amounts of time with his or her parent in a prison setting. However, the incarcerated parent can forestall a semi-permanent change in custody by signing his or her custody rights over to another individual using the “power of attorney” privileges inherent in his or her position as a guardian. Legally, a parent can sign over custody to any competent adult. Probable custody targets might include the custodian’s long-term partner, ex-spouse, parents or siblings. For such a custody transfer to become official, several things must occur. First, a legal document that outlines the custody transfer must be signed by the custodial parent as well as by the new custodian. This document must also be notarized by a certified “notary public.” Finally, it must be authorized by a judge in order to become legally binding. Although this process is not complicated, it often requires the assistance of an attorney. If such a custody transfer takes place between an ex-spouse and his or her new partner, the child’s other biological parent may file a motion to review the event. If a judge finds that the grievances outlined in the motion have merit, he or she may nullify it and grant full custody to the other parent on a temporary basis. "
How to Give Temporary Guardianship of Your Child,"A temporary guardianship is usually secured by parents in favor of persons whom they trust to supervise their children’s affairs. Temporary guardianship pertains to the brief assumption of control by another person over the affairs of another who is a minor or who was declared as an incompetent. When full temporary guardianship over a minor is awarded to a person, the latter, herein referred to as guardian, shall have the authority to decide for the child in order to protect the latter’s interest. The guardian shall be allowed to reside with the minor for the period of the guardianship until the child’s parents return or until the court has found a person to be the child’s permanent guardian. A temporary guardianship is often resorted to by parents when they would be: Once a temporary guardianship is awarded by the court, the guardian shall have the authority to make decisions for the child’s welfare. The court may monitor the decisions being made by the guardian in order to ensure that said decision was made for the greater interest of the child.  How To Write A Legal Guardianship Document A parent may file a petition to declare a friend or relative as temporary guardian of his minor children before the local family or surrogate court. Filing a petition before the family court for temporary guardianship is not necessary when one of the parents is available to take care of the minor. Temporary guardianship can only be availed of if both parents are absent to monitor the affairs of the child. If there is a necessity for the filing of a petition for temporary guardianship, you must think of someone whom you trust completely to be the guardian of your children. In appointing a temporary guardian, you must think of someone who personally knows your child and if said person has children of his own, they must be of the same age as your child. The guardian must also be informed of important matters such as prescriptions and other health concerns. In some jurisdictions, filing a temporary guardianship petition in court is not a requirement for a parent to grant temporary guardianship over his children. A notarized Temporary Guardianship Agreement form is sufficient in order for temporary guardianship to be effected. "
Is it Legal to Buy Prescription Drugs from Canada?,"Citizens of the United States often find themselves tempted to purchase prescription medication from other countries. The high cost of the domestic drugs themselves is only one factor that causes those in need to look elsewhere. The cost of doctor visits, which are often required for every refill, can add up quickly. The hassle of insurance programs that will cover only specific items from specific pharmacies is sometimes enough to keep patients from filling much needed prescriptions completely. With all of these obstacles, why not buy prescription drugs from Canada? One good reason is that it is often illegal. The U.S. Food and Drug Administration is the entity that is in charge of determining whether or not prescription drugs are both safe and effective. Drugs purchased outside of the U.S., even if they appear to be the same as those that are bought in the States, can have a different composition. Furthermore, drugs bought outside of the U.S. are not guaranteed to have been produced in facilities that are kept to the high standard the FDA requires of its domestic drugs. Because of this, it is illegal for companies or individuals to purchase foreign drugs with the intent to resell. It is also illegal for many individuals to purchase Canadian drugs for personal use. Federal officials exercise what they call “enforcement discretion” when deciding who can and cannot bring prescription drugs to the United States. Though it is technically illegal for individuals to purchase prescription drugs abroad except in certain circumstances, border patrol will generally allow non-narcotic prescriptions that are no larger than a three month supply. The same is often true of mail order pharmacies. As long as quantities stay low, custom officials usually do not enforce prescription drug laws. The FDA does allow some individuals to purchase prescription drugs from Canada for personal use if specific guidelines are met. Those who suffer from serious diseases may be prescribed a prescription drug that is not yet approved in the U.S. This is most commonly seen in certain types of cancers. When this happens, it is obviously necessary to buy drugs from Canada or other countries. "
What is a blind trust and how does it work for lottery winners?,"There are quite a few stories in the world of lotteries in the United States that describe unfortunate cases of winners who strike it rich only to lose their jackpot dollars to poor money management skills, scammers or dubious relatives that magically appear out of nowhere. The problems typically begin when the winners are identified by the lottery commissions and the media. Blind trusts are legal asset management structures that can help lottery winners control their money earned and maintain a certain level of privacy. In 2010, the $261.6 million Powerball Lottery jackpot went unclaimed for a month until an attorney showed up to claim the prize on behalf of his anonymous client.  In this case, the lawyer was the trustee carrying out a money management instruction for a grantor and beneficiary who wanted to keep his or her identity a secret. A blind trust is essentially a deed that describes an agreement that falls under the category of irrevocable living trusts. As in other trusts, there is trust grantor, a trustee or administrator, and a beneficiary. When blind trusts are constructed for purposes other than to manage lottery winnings, the beneficiary is not be able to access the assets held by the trust. Some state lotteries encourage jackpot winners to deposit their prize money into a trust, though not necessarily a blind trust. For example, winners of the multi-state Powerball Lottery in the United States are not required to disclose their names as long are residents of, and purchased their tickets in, in Delaware, Kansas, Maryland, North Dakota, or Ohio. In other states, however, lottery winners must provide their names and the cities where they live in. Although a state lottery commission may require disclosure of name and place of residence from jackpot winners, blind trusts may still be set up to offer some level of asset protection. The trust must be constructed according to statutory provisions and rules of procedure; the grantor will also be the beneficiary, but these parties will not be identified and will remain anonymous throughout the term of the blind trust.  The winning lottery ticket can be deposited into the trust as an anonymous donation. The trustee will have full discretionary powers to manage the prize money as they see fit; for this reason is essential to retain a reliable trust management company or a law firm with a few partners and associates.  The distribution of funds is established when the trust is established and cannot be changed, which means that lottery winners must exercise caution when selecting this method to claim their jackpots. "
Florida Labor Laws About Break During Work,"Under the federal laws of the United States, the government, through the Department of Labor, has not enacted any laws that require breaks during a work shift. There is only one regulation applicable on breaks and that is when an employee is cheated of his overtime wages as a result of a short, unpaid snack break. This is also observed in the state of Florida. Technically, the U.S. Department of Labor does not have any policy on 30-minute lunch breaks, since they are not considered as working time. Employers are generally not required by law to pay for short lunch breaks. This is observed in all other states unless it has been the practice of the employer to pay for such lunch break. In Florida, employers usually allowed 30-minute lunch breaks for employees working on a six- to eight-hour shift. There are also coffee or snack breaks that usually last for at least 5 to 20 minutes and are often taken when the employee is working — for example, when a worker takes a snack while working at her desk. The taking of a coffee break or a snack break may raise issues with the employer since it may affect the work of the employees. Another issue is when the 15-minute break prolongs the working hours of the employee making the employer liable to pay overtime work for which the employee is entitled to under the U.S. Federal Labor Laws. Under Florida Labor Laws, employees are usually allowed with a 30-minute lunch break and 15-minute short breaks. This is applicable to employees who work in an eight-hour shift. Those who work under six hours are entitled to a paid break, but not a 30-minute unpaid break. In the state of Florida, employees who are under the age of 18 are entitled to have a 30-minute unpaid break for every 4 hours of work. However, this does not apply to 18-year-old employees who are still in high school. Employers, under federal government laws, are not required to give lunch breaks. Each state may decide whether or not they would like to make such lunch breaks mandatory. This is also applied in the State of Florida. At present, there are 19 states which require lunch breaks. They include: For more information on labor laws, check out Labor Law. If you work in Florida or have a business there and are running into issues regarding the labor laws and employment, get a free case review by a local attorney to clear up any questions. "
How to File a Harassment Restraining Order,"A Harassment Restraining Order is an order issued by the court in order to keep the offender, or any person acting on his behalf, from contacting the victim in any way. The restraining order also keeps the offender from making physical contact with the victim. The offender is technically prohibited to go near the victim or remain at a prescribed distance away from the victim. Any person who is a victim of harassment may seek the issuance of a restraining order from the Court. In the case of a minor victim, the parent or guardian of the minor may request for the issuance of the same. Once the restraining order is issued, it may prohibit any form of harassment from happening. A Harassment Restraining Order is issued against: Any one of these that promote or sponsor any form of harassment.  What Happens If Someone Violates A Restraining Order? The petitioner may fill out the Petitioner’s Affidavit and Petition for Restraining Order. The affidavit must be complete and specific and must include the date, time, places, actions, and conversations that lead the petitioner to feel harassed. Said facts must be included in a narrative or affidavit stating the ultimate facts of the case. The Petitioner’s Affidavit and Petition for Restraining Order must be filed before the court administrator in the county where either party resides or in the county where the act of harassment occurred. Filing fees will be charged therefor. If the petitioner is indigent, he may file an “IFP form” which shall entitle him to waive the filing fee. Once the filing fee is paid, the court administrator will forward the petition to the judge for review. If the judge found that there is a necessity for the issuance of the restraining order, he shall issue it forthwith. Otherwise, the judge will order the dismissal of the case. The judge may also schedule a hearing, with or without the issuance of a restraining order. If the facts that are required for the issuance of a restraining order are fully established, the judge may issue the same for a period of two years or less. Said order will remain to be effective unless the petitioner or the respondent requests for a hearing for the purpose of opposing said order. The judge may also schedule a hearing on the facts in order to find out if there is a great possibility that the harassment is likely to happen. "
How to write a letter of permission,"People with school-age children are usually familiar with letters of permission requested by a school so their child can go on a school trip. Other requests for letters of permission arise in common, everyday situations including: ?	A parent giving permission for a babysitter or caregiver to authorize medical treatment for a child
?	A parent granting permission for a child to travel overseas with a relative or, in some circumstances, with a divorced parent who does not have custody
?	A business or individual asking for permission to use copyrighted or trademarked material Unless the person receiving the letter of permission asks for a specific format or language, the choice of wording is up to the person writing the letter. There are a few tips that will help to make a letter of permission more effective. Address the Letter Address the letter by using the full name of the person, company or agency with whom the person getting permission will be dealing. When this information is unknown, address the letter: ?To whom it may concern.? Identify the Purpose of the Letter Begin the letter by explaining the specific purpose for which permission is granted. For example, if a parent is giving a babysitter permission to authorize medical care for a child, the letter should begin by identifying the writer as the child?s parent and state that its purpose is to give the babysitter authorization to obtain medical treatment. The precise permission language will come later in the letter. Give the Permission It is important to be clear and unequivocal in the wording of the permission section of the letter. One method of accomplishing this is to use the full names of the person giving permission and the person to whom permission is given. If the letter gives permission for the care, medical treatment or other activity in which a child is involved, the full name and age of the child should be included.  The following sample wording might work for some situations: ?I (insert full name) give permission and consent to (full name of person to whom permission is given) to (identify the activity including the name of a child if appropriate).? A person should alter the wording to suit the type of permission given. Sign and Date the Letter of Permission Laws differ from state to state as to the formalities of signing letters of permission. Some states require that the letter be notarized or witnessed while just a signature and the date will suffice. "
How to Order a Criminal Background Check on Yourself,"If you’re interested in knowing what your criminal record says, ordering one on yourself is quite simple. Potential employers, landlords, and sometimes even educational institutions to screen renters, employers and volunteers use criminal background checks. Ordering a background check can be done in person or online, and will not require a lot of time or effort to obtain the record. The State Department of Justice, local sheriff’s office, or police station is the easiest contacts to communicate with in regards to ordering a record. All states store their criminal records in both a hard copy format and in a computer-based database. You’ll have to figure out if your state requires you to visit the: If you believe that you have a record, or know that you committed a crime in another state you will need to contact that state as well. Some states offer online ordering, which negates a visit to any law enforcement agency. Once you have figured out where the records are kept in your state, you will need to request an application for a criminal history report. The application will ask your name, address, and other identifying information like your Social Security Number or driver’s license number. There will be a fee to request the report, and you may have to show identification to prove that you are the person on the report. Some states require fingerprints as well. Once submitted to the state, a criminal background check will take a few weeks, and will be sent to the address you listed on the application. The Federal Bureau of Investigation (FBI) has an application called “Applicant Information Form”, which is used when people are requesting federal criminal information about themselves or others. The application will ask for name, address, social security number, birth dates, and current contact information. The FBI application requires fingerprints, which can be completed at your local law enforcement agency. The FBI request will cost $18 and will take approximately four to six weeks to be sent to you. If you don’t have the time to do a search on yourself, hire a private investigator or company that deals in background checks. This method will cost more, but you will not have to go to courthouses or put the time in to do it yourself.   Finally, no matter how you get your record, you should review it for accuracy. If it is accurate, and you have criminal activity on your record it may be advisable to seek an attorney to discuss expungement or sealing of your record. This may make your criminal record look less risky for potential employers, landlords, and others needing this information. "
Can I Get Unemployment if I Move to Another State?,"Workers in the United States are generally able to collect unemployment insurance benefits even if they move to another state. In some cases, it is just a matter of formally reporting the address change. In other cases, however, the amount of unemployment compensation may vary, or else workers receiving benefits may be required to take additional steps for the purpose of updating the status of their claims. There are two major types of unemployment benefits that workers in the U.S. may be entitled to when they lose their jobs: Severance packages and unemployment insurance.  Employers in the private and public sectors may offer a severance package, which can be paid out as a lump sum amount or in installments that match the pay periods of the company the workers was previously employed by.  Severance packages may be required by means of agreements signed by employers and labor unions. They may also come as a penalty due to the employer’s failure to abide by the Worker Adjustment and Retraining Notification (WARN) Act. This federal labor law requires employers whose staffs are greater than 100 workers to issue a notice 60 days prior to a mass layoff or ceasing operations. Employers who do not follow the WARN Act provisions may find themselves paying their workers’ salaries for up to 60 days.  Unemployment insurance is a federal program that is administered by each state. It involves the collection of funds authorized by the Federal Unemployment Tax Act (FUTA) from each employer. The Internal Revenue Service (IRS) collect the FUTA taxes on behalf of the unemployment insurance divisions of each state. Administration of unemployment insurance and benefits is left up to individual states, which explains the difference in payout periods, filing requirements and payment amounts. In the case of severance packages and WARN Act violations, employers must remit payments wherever the worker is located; the displaced worker simply has to notify the employers of his or her address. In the case of unemployment benefits, however, the worker must first check with his or her state’s labor and employment agency.  When employees are fired or laid-off from their jobs, they must immediately file an unemployment benefits claim in the state that they work in. This is important for those workers who travel across state borders to get to work. Once they are collecting benefits and move out of state, they must notify their labor and employment agencies in order to keep getting paid. They may be required to register immediately in their new state of residence, and they may continue their job search in their new community. "
Best Way to Legally Change a Child’s Last Name,"Legally changing the last name of a minor child is a uniform procedure across the 50 States and the District of Columbia. Each entity has its own forms and filing fees, but the approval or denial of the request is made by the presiding judge in the county, city, or district court where the name change petition is filed. The final decision will be made based on the justification for the request and the best interest of the child. Each state’s website for downloadable forms can be found at www.namechangelaw.com/states.html. Forms can also be gotten in person from the local courthouse. To change a minor’s last name, the requester must be a parent, a legal guardian, or an adult seeking adoption. A situation could be where the mother never married the father and now either want to change the child’s last name to her maiden name or for the child to acquire the father’s last name. If the father’s name was not initially listed on the birth certificate, he has the right to request a DNA test before consenting to the use of his name.  How to Change Your Name Legally File a petition with the court clerk explaining why a name change is being requested. Depending on local policies, the petitioner may be required to publish a notice of the petition in a public newspaper or on a court website. Provide the court with documents supporting the petitioner’s relationship with the child. These can be the child’s birth certificate, divorce papers if the parents were married, the requester’s personal identification, or legal guardianship documents. File a notarized affidavit of consent from the biological father showing his agreement to the name change. Attend a hearing on the petition. When the biological father does not agree to the name change, the judge will schedule another hearing to listen to both sides of the case. The judge will want valid justification from the father in order to deny a name change request. The judge will render a decision after the hearings. A copy of the legal document showing a name change approval will allow the child to start using the new last name. The original birth certificate cannot be changed to reflect a new name. For future legal purposes, all parties need to keep copies of all documents related to the name change. "
How To Sue Someone For Slander,"If you’ve ever thought about slander, you probably think of celebrities in the limelight. You might think of tabloids, press conferences, and talk shows, but slander is not at all exclusive to the rich and famous. Misconceptions like these surround the terms of slander, libel, and defamation of character. And while each term is closely related (more on that later), we’re going to focus specifically on unpacking the civil crime of slander: what exactly it is, how it is proven, and how to sue someone for slander. What Is Slander? Slander happens when someone publicly speaks damaging and false information about another person. It is a form of defamation of character. Slander is also similar to libel, another form of defamation, but it can be harder to prove in a court of law than libel is. People slander is spoken defamation (not written, like libel), there are several challenges that come along with pursuing a slander lawsuit. So, how do you sue someone for slander? Well, you must meet four requirements for your case to even legally be considered slander. Let’s take a deeper look at each of these requirements for slander. Publicly trash talking someone does not automatically qualify as slander. The statement must be false to be considered slanderous.  What about opinions? While someone sharing their derogatory thoughts about another person in public is offensive – and quite possibly damaging to one’s reputation – it does not qualify as a false statement in the eyes of the law. To be false, the statement must have a factual nature. Now, publicly spoken does not necessarily mean the statement was made in front of a room full of people or on a podcast. Just one witness must be present in order for the false and damaging statement to be considered slander. Another aspect of slander that can be difficult to prove is the havoc it can wreak on someone’s life. For instance, if a person publicly bashed someone else, but the result of the comments were minor, the court would likely not consider it a serious case of slander. However, let’s say we have two competing restaurants in the same town, and one of the owners decides to share that the competition uses expired ingredients, when in fact that is not true at all. The statement could be considered slander only if the victim could prove that they lost business as a result of the false claims. If a statement is unprivileged, it means that it was completely unreasonable for the person to speak poorly about the victim.  Comments that are made out of the left field, with absolutely no context would be considered unprivileged. However, if a journalist or reporter makes a statement about a government official that is seemingly false and defamatory, it may qualify as privileged because it is part of their job to openly uncover and comment on political situations. Unprivileged statements can be difficult to identify, so it is best to speak with a lawyer if you are unsure. Not only do you have to meet each of the four requirements for slander mentioned above, but public figures must prove a fifth point: actual malice. Acutal malice is the idea that the person speaking the slanderous statement had the intention of lying and harming the other person’s reputation. Actual malice cases can be extremely difficult to prove. Read more about Rebel Wilson’s highly covered defamation case.  Slander per se is a form of slander that is considered when it is obvious that the defamatory statement has caused damage in the victim’s life. Defamation laws vary state by state, so you’ll first want to do a bit of research on how your area handles slander cases. For example, some states require the perpetrator to retract their slanderous statement as a part of the process. You also need to consider the jurisdiction of your case. If the slander took place in a state that you are not currently in, this may impact which state you are able to file the lawsuit. You will need to provide, in court, copies of the slanderous statements that the other person made against you, as well as proof that the statement checks off all the requirements we outlined above. As you are figuring out how to sue someone for slander, it’s best to reach out to an attorney (preferably one who specializes in defamation suits) to talk about your options. This doesn’t automatically mean you need to file a lawsuit against the perpetrator, but it opens doors to understanding your options. Once you have thoroughly discussed the case with your lawyer, he or she can file a lawsuit on your behalf. Your lawyer can most likely get a settlement for you if you have a strong case against the other person. A lot of times, slander deeply affects the lives of everyone involved in the case. When a situation is taken to court, it tends to prolong the emotional pain and suffering, as well as put an even brighter spotlight on the slanderous statement. It is possible to settle out of court if you and the person you are suing are both willing to do so. Sometimes, rather than focusing on how to sue someone for slander, hiring a mediator can be the best and quickest solution so you can move on with your life.   Read more about the difference between slander and libel and how to handle both. "
How to Write a Legal Memorandum,"Legal memorandums form the basis of communications in the attorney profession. These documents can be used in different contexts, and the most common among them is to deliver a legal opinion to clients with regard to the issues and merits of a case. The intended readers of legal memorandums may not always be clients; they may also be associate attorneys, partners, or colleagues. In some cases, an attorney may be called upon to write a legal memorandum addressed to the court. The first step consists of defining the purpose of the memo, which can be written as part of a strategy to advise a client, to prepare a legal team for a trial, to ask for an opinion, or as part of a pleading. Proper research is the most important aspect of the legal writing process, and it should always be thoroughly accomplished prior to sitting down to write a legal memorandum. The next step is to settle on a format. Here are the sections found in the most typical format layout of legal memorandums: – Writer’s Heading
– Legal Issue
– Answer
– Statement of Facts
– Discussion
– Conclusion The next step is to settle on a truly logical pattern that allows the reader to comprehend the argument. This means that attorneys should not simply write their recollections of events; they should rather persuade the reader to understand the details of the case and how the law relates or applies to them. The heading should include sufficient contact information about the writer and intended reader in addition to a one-line descriptor of the case. Since each case is bound to produce multiple legal memorandums, it is always a good idea to establish a numbering sequence in the heading. The legal issue is written in the form of a question that is answered in the following section. The statement of facts refers to the objective presentation of information provided by the client. The discussion that follows the statement of facts should describe the law as it applies to the case, and it should also state the pros and cons of at least one legal strategy. How to Write a Legal Statement of Fact The conclusion in a legal memorandum can be merged with the statement of facts, although readers would appreciate a conclusion that summarizes the entire document and outlines the legal analysis in a couple of sentences. "
What happens when a condominium complex goes bankrupt?,"The owner of a condominium receives a deed conveying a single unit in a building or series of buildings. A unit owner also acquires an interest in the common property of the building or complex. Such features as clubhouses, swimming pools, lawns, sidewalks, parking lots, and roadways are examples of common areas. An individual unit owner has title to the interior walls and from floor to ceiling, with other non-unit parts of the building structure designated as a common area. A condominium association representing the individual unit owners manages the property and is responsible for maintaining the common areas. Unit owners vote to elect a board of directors to manage the association and prepare an annual budget to finance the activities of the condominium association. The association’s revenues come from annual assessments imposed upon unit owners and paid as monthly common charges by each owner.  Condominium associations rarely file for bankruptcy because state laws strictly regulate and impose government oversight upon the formation, operation, and management practices of condominium associations and their boards of directors. Economically struggling unit owners who pay their common charges, gross mismanagement by the board of directors or internal theft could leave a condominium association unable to meet its financial obligations to creditors. When condominium associations file for bankruptcy, they usually file for reorganization under Chapter 11 of the United States Code. Reorganization allows an association to restructure its debt under the protection of an automatic stay that halts collection proceedings during bankruptcy. A condominium association in Chapter 11 has: What Would Happen if the US Treasury Goes Bankrupt? Fortunately, the bankruptcy of the condominium association usually has little impact on the owners of the units or the complex. Most associations continue their management duties as a debtor in possession under Chapter 11 under the supervision of the bankruptcy court and the bankruptcy trustee appointed by the court to oversee the case. Because title to the real property of the condominium complex is held by individual unit owners who also each own a percentage of the common areas, the loss of the real property to the bankruptcy court or to creditors is not a risk. "
What Happens If My OTC Stock Goes Bankrupt?,"Over-the-counter (OTC) stocks listed on the FINRA Bulletin Board or on the Pink Sheets carry substantial risks for traders. The potential bankruptcy of the company is the ultimate risk, and in this regard OTC stocks are no different than their counterparts on the more reputable financial exchanges such as the New York Stock Exchange and the NASDAQ. In most cases, the shares of a company that goes through the bankruptcy process become worthless. This is the case for both private and publicly traded companies; it does not really matter if they are penny stocks or blue chip securities. It does not matter what type of bankruptcy protection program the company is seeking; it is mostly a matter of how the market will react, and most of the time shareholders will move to dump the stock in a flash at the first mention of insolvency. Listing and quotation systems such as the FINRA Bulletin Board and the OTC Markets Group Pink Sheets actually carry the stocks of bankrupt companies. This is because exchange systems such as the NYSE and NASDAQ have certain rules in place when it comes to handling the shares of companies that file for bankruptcy, which often includes sending them to the OTC markets.  A publicly-traded company that files for bankruptcy does not automatically go through liquidation. A Chapter 11 bankruptcy filing, for example, allows a business enterprise to keep operating while it works out a plan to repay its debt. This, however, does little to assuage the concern of shareholders who will more than likely move to dump the stock. When this happens, stock values plunge dramatically and stocks go through the process of delisting. Investors should also forget about dividends. OTC stocks can be traded even if the company is in the midst of bankruptcy proceedings, but wise investors know to stay away from these volatile shares. A redemptive strategy in this case is to chalk it up to a loss and declare it as such when it is time to file a tax return. There are, however, speculative investors who scour through SEC filings and the OTC boards looking for bankrupt stocks that they can make a quick profit from, but this is a risk that is not worth taking. Not all companies that go through a debt restructuring period will emerge from bankruptcy, and when this happens their stock is really gone forever. "
Are the fees I paid my bankruptcy lawyer and trustee tax deductible?,"Basic Information
Bankruptcy fees paid to lawyers and trustees can be either a tax deduction or not and it will depend on the type of bankruptcy filed, Chapter 7 or 13, and on the items included in the petition.  In order to take any bankruptcy expense as a deductible item on your taxes, you will need to file a Form 1040 and itemize your expenses.  If you file using the short form, you will not be allowed to claim any itemized deductions.  Deductions Allowed by IRS
Regular legal expenses for Chapter 7 and 13 bankruptcies and the filing fees, $299 for Chapter 7 and $274 for Chapter 13, are not deductible as defined in IRS Publication 908, the Bankruptcy Tax guide, which rules these fees as personal expenditures.  However, if your attorney spends time communicating with the IRS regarding any tax issues you have; those fees are deductible and will be listed as a miscellaneous expense on your Schedule A tax form.  Any fees that you pay to either your attorney or an accountant for the preparation of your taxes while you are in a bankruptcy proceeding will be taxable itemized deductions on your Schedule A Tax Form.  Allowable Expenses as Tax Deductions
Any item paid in your plan to a trustee that would normally be a tax deduction, such as back federal or state taxes, spousal support, delinquent mortgage payments or mortgage interest, can still be taken as a personal tax deduction.  These are expenses that you are paying through the bankruptcy distribution process by your payment plan administrator, the trustee, and it is the same as if you were writing the check yourself.  It is a good practice to ask an accountant or your attorney if you are not sure whether an item is deductible or not. Debt Forgiveness can be Excluded from Taxable Income
There is one potential form of taxable income that you will not have to report on your taxes while in a bankruptcy payment plan.  Under a non-bankruptcy basis, if a creditor forgives some or all of a debt, you, as the taxpayer would be required to include the forgiven amount as a form of income.  Under the rules of bankruptcy, you will not need to report the forgiven debts. "
What Are IRS Imputed Interest Rules?,"Have you ever loaned money to a friend or family member? And not the 20 or 50 dollars until Friday, but rather several thousand dollars that was used to purchase a home, a car, or even start a business. If you did, you most likely did not charge interest since the loan was simply for the principle and you expect to be paid back at a particular time or over a set period. If you did this and the news of the loan somehow reaches the eyes of the IRS; you as the loaning party could be in for a huge and unpleasant surprise in the form of interest penalties invoked by the imputed interest rule. What is the imputed interest rule?
In a basic sense, the rule states that in any case of a loan between two private parties, there has to be an interest amount paid to the lender. If there is not a set interest rate between the two parties, the IRS will invoke an interest rate of it’s own and tax the lender based on that rate. While the rule seems unfair on paper towards the lender, the cause for this may be the fact that the person receiving the money may be drawing interest on it through a bank or even claiming the loan payments on their tax return and thus cheating the system. It also ensures that money is simply not being laundered through no-interest loans through illegal means or purposes. How do you solve this problem?
The easiest way to solve this issue is to set an interest rate that is very small and thus satisfying the demand for an interest rate put in place by the imputed interest rule. Yes, you will still pay a tax on the interest received but the amount will be minuscule in comparison with what the IRS would set in place. While it may also seem simply easier to claim the money is a gift you gave, this poses another problem that does not involve the IRS but can be far worse. If you loan money to someone but legally claim the money as a gift, there is nothing legally to keep the other party from deciding not to repay the money. In this case, any legal attempt to satisfy the loan will not be heard. The best way to satisfy the rule is to abide by it and simply set an interest amount that is agreeable to both parties. This will also satisfy the government’s demand that interest be paid and collected on the loan so it can be properly taxed. "
How Much Does It Cost to Change Your Name?,"The cost of changing your name can vary from state to state, and can depend on how thorough? and how fast? you want the change to be. The greatest expense in the process of changing your name is obtaining a court order. Although you do not need a lawyer to obtain a court-ordered name change, it can still cost in the range of $150 – $500 for various court and filing fees. Required documentation varies by state, and fees vary by county. There is no single fee that applies in every state across the country. You will need to check the website of your County Courthouse to find the precise amount required to file court documents where you live. Filing fees are usually around $25 per document. You can often obtain necessary forms from the courthouse free of charge. If not, you can purchase generic legal forms from an office supply store for $1 – $2 each. Forms required may be a Petition for Name Change, Order for Name Change, and/or Affidavit of Name Change. After the name change has been ordered by the Court, you will have to pay an additional fee, which typically ranges from $15 – $20 for each official copy you request.  You then use official copies of your court order to have your name changed on other important documents. Some of the other places you need to remember to change your name are:   Best Way To Change Your Name On Your Social Security Card If the process seems daunting, you can pay a professional to deal with it for you. For around $50, these companies will complete all of the various forms, address all of the envelopes to the right administrative offices, and send you the complete package. This costs you a bit more money but saves you the colossal hassle of dealing with all of the red tape involved in changing your name. "
Preparing an Insolvency Worksheet: A Legal Guide,"There are few experiences in life more stressful than facing ‘insolvency‘ that moment that you realize you have nothing more to your name than letters. You’re probably asking yourself, How could this happen to me? but the situation may not be as dire as you think. Before you start thinking of all the possible negative outcomes, it may help to get a better handle on the actual numbers you’re dealing with. Preparing an insolvency worksheet will help spell out the reality of the situation so that you can move beyond insolvency in your life. Using an IRS insolvency worksheet can be a sober reckoning, but it’s also a good foundation to make plans on how to bounce back. Here’s a look at what insolvency means and how you can put pen to paper to get you through it. According to the IRS, a person is insolvent when their total liabilities outweigh their total assets. There are some benefits to declaring insolvency with the IRS. When a financial institute or debt collector cancels some or all of the debt you owe, you will be issued a 1099-C. This will reflect the amount of money that was canceled or settled. Unfortunately, the IRS will consider any money reported on a 1099-C as a form of taxable income unless you can prove that it was insolvency during the time that it was canceled. Here, the debt that has been canceled can be excluded because of insolvency from income under an IRS “insolvency exclusion.” This debt can also possibly be excluded in Title 11 bankruptcy exclusion or if the discharge dealt with real property from a business or farmland. If you believe you might qualify for any of the above exceptions for insolvency, be sure to review IRS Form 982. With respect to the IRS, it’s essential to discern between recurring debt difficulties and creeping insolvency so that you can address the problem properly. Insolvency typically occurs in one of two ways: As an example of asset insolvency, let’s say someone’s assets include a car (worth $10,000) and a home (worth $200,000) and they have total debts in excess of $250,000. In this case, that individual is insolvent by $40,000 because their total debts of $250,000 exceeded their cumulative assets of $210,000. If a creditor you owed chooses to discharge $20,000 in debt owed, then because of the insolvency exclusion, that $20,000, which is normally taxable, is no longer taxable as income. If you believe you can make your way out of debt, then you should consider testing that out to determine if you can remain solvent in the coming months. However, here are some telltale signs that there might be more problems afoot: An insolvency worksheet helps you to determine the degree to which you are insolvent. Specifically, it tallies and compares your liabilities to your assets to make the determination of whether you are actually insolvent and, if so, to what extent. First, prepare a list of all of your assets and indicate the fair market value for each. An asset is considered a valuable item that you can sell for cash. Assets can include your car, your home, jewelry, or other valuables. You should also make a list of all of your liabilities. Liabilities include any additional debt that you might owe. Finally, you need to create a financial statement that compares your liabilities to your assets. Ideally, you want the table you create to demonstrate the fact that your liabilities in dollars exceed the fair market value of all of your assets. This insolvency worksheet must be created at the time you receive the debt cancellation or the settlement. The only way that the IRS is going to deem you insolvent is if you complete the table as soon as you receive the 1099-C. In the event that you are insolvent, you are not required to file your 1099-C as an income. If you don’t yet know whether you’re insolvent or not, or whether there may be other tax laws that can benefit you, consider getting an initial legal review of your situation today. "
Finding Selective Service Registration Number Online,"Who Must Register with Selective Service
In the United States all male US citizens, US nationals, dual nationals of the US, and non-citizens living in the US who are between 18 and 26 years old must register with the Selective Service System (SSS).  Men already in the military at the time of their 18th birthday are not required to register unless they are still under the age of 26 when they are leave the military service.  To date, females are not required to register.  Failure to comply with the national law to register can result in a criminal conviction with a fine up to a quarter million dollars and/or a term of imprisonment not to exceed five years.   How to Register with Selective Service
There are four avenues available for men to register with the SSS: (1) At a Post Office where a Selective Service mail-back form is available and the applicant does not need to have a social security number; (2) On an application form for Federal student aid by checking the ?Register Me? box and the education department will provide the information to the SSS; (3) At a high school with a participating SSS registrar who assists students with their registrations; and (4) Online at www.sss.gov/registration to fill out a short registration form.  A registrant must have a personal social security number to use the online form. Finding a Selective Service Registration Number Online and Telephonically
Individuals can check on their selective service registration numbers in one of two ways:  (1) Non-electronic registrants can call the Selective Service registration information hotline at 1-847-688-6888; or (2) Online registrants can find a selective service registration number by using the online registration form search engine available at www.sss.gov/registration/verification.  An individual will need to have the following information; the registering party?s last name, social security number and date of birth to get a registration number. General Information Regarding Selective Service Registrations
Without proof of having registered with the SSS, men will not qualify for nor will they be permitted to have or receive student loans, federal employment, security clearances, Workforce Investment Act training programs, and US citizenship.  Selective service registration number verification cards will be mailed within two weeks to those who registered online.  Verification cards for those who used a student loan or the postal system for registration may have to wait up to 90 days for acknowledgment of registration. "
Best Way to get a Copy of Last Year’s Tax Return,"Every day in locations across the United States there are a number of individuals needing tax return information and forms filed during a prior calendar year.  Some people need tax filing data for legal, financial and employment purposes.  Other individuals are trying to piece their lives back together after destructive weather activities.  There are several ways that individuals can get a copy of last year?s, or several prior years?, tax return forms depending on how the forms were originally completed and filed.  Several of the best options for how to get a prior year?s tax information are listed below: Professional Tax Preparers
If someone used an income tax preparer service such as H&R Block, or a personal CPA or Tax Attorney, copies of the filed tax forms can be obtained with one telephone call.  The preparer will have the forms in the client?s file and will either mail a hard copy to a street address or electronically send the forms to the client?s email address.  This service should be free from the tax preparer or for a small fee for copying the files and for postage. Self Filed with Online Programs
If someone used an electronic program such as Turbo Tax or e-file, the forms will be available in a file folder.  If someone cannot remember their log-in information, the program host will assist the individual with retrieval of the information.  The tax filer will be able to download the forms onto a personal computer where the forms can then be printed out.  The retrieval of tax forms from an electronic service should be free of charge. Self Filed with Paper Forms
If someone filed using paper forms and did not make a copy for himself, that tax filer will need to request the desired tax return forms from the IRS and from the appropriate State Comptroller. Using IRS for Tax Return Forms
The IRS offers two methods to retrieve a prior year?s tax information: (1) Use of the IRS Form 4506-T will get someone a free transcript of information originally submitted on the tax forms.  A transcript will fulfill legal, financial and employment requirements, or (2) Use of the IRS Form 4506 will get someone a copy of all the tax returns with supporting schedules and income information such as W-2s and 1099s for a fee of $57.  Forms are available on the IRS website www.irs.gov or by calling the IRS toll-free number 1-800-908-9946. "
Best Way to Get the Number from a Blocked Call,"Receiving a phone call from a blocked number is extremely frustrating.  Sometimes it can even be a frightening experience. Most of the time, a blocked phone call comes from a reporter or a telemarketer. Unfortunately, there are times where individuals received blocked phone calls from people who are pulling a prank or even making threats. Fortunately, both the local law enforcement and your phone provider should be able to help you find the number behind the blocked calls you have been receiving. Make Note of When You Received The Phone Call
It is extremely important to keep a detailed recorded of blocked phone calls when you want to find out the number behind the call in order to get the calls stopped. This means you need to write down the date and time that the call took place. You should also record as much information as you can about the call. This should include anything that was said, if you heard heavy breathing, when they hung up, as well as any background noises you may have heard. Contact the Customer Service Department of Your Phone Provider
The customer service department of your phone provider is going to be able to tell you exactly what you need to do in order to trace the phone call. Typically, you are going to have to work with the company as well as the local law enforcements in order to obtain the number. Give All Your Records to Local Law Enforcements
Local law enforcement are going to be more likely to get involved if there is a clear pattern between the phone calls you are receiving. This is why it is so important to make sure that you document every single phone call. Once you start to receive multiple phone calls that are clearly coming from the same source it is considered harassment and local law enforcement will be happy to step in. Keep in mind, once law enforcement are involved you are going to need to keep the caller on the line for a certain period of time so the call can be traced. You are also going to want to consider pressing charges. While it can be an expensive process is is the only want to prevent the person from continuing to call you from a blocked phone number. The only other option you really have when it comes to receiving blocked phone calls is to consider having your phone number changed and getting put on your phone companies do not call list. This will make it more difficult for telemarketers to get ahold of your phone number. "
What happens if I violated my DUI probation by not being able to pay for the alcohol classes the court ordered?,"Most states require motorists convicted of an alcohol- or drug-related driving violation to complete a state-approved DUI program. The intent of the programs is to reduce the number of repeat offenders by offering education and instruction on the dangers of driving under the influence and to offer a forum in which participants can address personal issues they might have with alcohol or drugs. Private companies that must meet state standards usually present the programs for which they are entitled to charge a fee. If a DUI program is a condition of the sentence, being unable to afford the program fees is not an excuse for not attending. A person on probation who fails to fulfill the conditions of probation, including attending a DUI program, can be charged with a violation of probation. If a judge agrees that the person violated the terms of probation, the judge has the authority to impose a new, and usually harsher, sentence. California, Florida and most other states have procedures by which a person convicted of a DUI can ask a judge to reduce or completely waive the fees normally charged for the state?s DUI programs. For example, California prohibits the operators of its state-approved DUI programs from preventing anyone from participating based upon the person?s finances. Program operators are specifically prohibited from wait-listing a participant or referring a potential participant to another program provider based on the individual?s inability to pay. Under most programs, a person convicted of a DUI who lacks the financial resources to pay the fees charged for the court-mandated program may obtain a waiver by presenting proof of indigence with the company offering the DUI program. For instance, DUI program operators in Florida are required to have written criteria in their operations and policies manual for handling requests for waivers of program fees. Individuals who cannot raise the money to pay the fees for a court-imposed DUI program should discuss the issue with their probation officer. Procedures for obtaining waivers vary from state to state, but a probation officer would know how to make a request for a waiver, and to whom the request should be made. Ignoring the DUI program will probably result in the imposition of additional penalties, but the condition to complete the program will not go away. "
"If I own two homes, can I file bankruptcy and keep one of my homes?","Making the decision to file for bankruptcy is never one that comes easily.  Most of the time, it is a last resort for someone who is facing extreme financial hardship related to medical bills, divorce or job loss.  For those who own their own homes, it can be difficult to make the determination about whether you want to keep the home or let it go in the bankruptcy.  At times, it may be best to just walk away from the homes, but in the event that home is your dream home, it may be best to work out some type of agreement with the mortgage company to keep your home.  Regardless of whether you are going to get rid of one home and keep the other, you will need to follow certain steps to secure your property for the long run. If you already have payments that are behind on the home, the court will place an automatic stay on the property for you.  Until that stay is lifted, the mortgage company cannot initiate foreclosure proceedings on your home.  Upon removal of the stay, they can proceed to foreclose on your home as normal.  If you are planning to keep your home, you will need to follow certain procedures to reaffirm your debt with the mortgage provider. Your bankruptcy attorney will need to send a letter to the mortgage company specifying that you want to keep your home, set up the payment arrangements and receive financial communication from them.  The mortgage company is going to require a few documents to help determine your eligibility for one of the repayment plans they offer to help with your past due payments.  You will also need to include a letter of hardship that explains why your payments got behind in the first place.  Make sure to outline your current monthly obligations and include a pay stub to prove that your income will allow you to make the necessary payments on your mortgage. Once the repayment plan is put into effect, you will need to make sure you don?t miss payments or it will void the agreement.  Once the past due is paid, you will be able to sign the reaffirmation agreement for your home.  In short, you will not have to worry about forgoing your home if you decide to keep it.  You are in control of whether you want to give the home to the lender or reaffirm your agreement with them, regardless of how many homes you have. "
How soon after bankruptcy can you rent an apartment?,"Even though many people worry that they are not going to be able to rent an apartment after filing for bankruptcy, that is not always the case. Bankruptcy filings may hinder your ability to secure the apartment that you desire, but you have plenty of options waiting for you out there. For those who appear confident, possess a clean image and effectively communicate the strengths of your current financial situation, you will be able to find an apartment to rent directly after your bankruptcy is discharged. When you are trying to figure out where it is that you want to rent, make sure to ask the leasing agent about their specific credit requirements and deposit required for you to rent the apartment. Most of the time, the management company is going to require a credit check before they end up renting you the apartment. Once you know what it is that the company requires, you will be able to discuss the terms of your bankruptcy in the first place. Let the company know that you had a financial hardship that caused you to file for the bankruptcy relief in the first place. Explain to them why it is that you were left with no other option than to file for bankruptcy. Make sure that you express your interest in their facility and your intentions to pay the rent on time every month. For those that have solid history with other lenders, the property managers will take that into consideration and rent you the apart straight away without stipulations. Other complexes may make you wait until you have a proven track record of paying your rent on time elsewhere for a minimum of a year. Ask the complex about their short-term rental policy to help you gain their trust. Some management companies may not be willing to forgo a year lease with you, but they will start you out with something smaller to see how well you handle the payments on your new apartment. This will help you to reestablish your credit rating while living in the place you love. In short, the length of time it will require to get into a new apartment after your bankruptcy is going to vary based upon where it is that you want to live. Many places will let you into an apartment right out of bankruptcy, so you will not have to worry about any delayed wait times. "
Is It Legal For Me To Ship Wine Home To The United States From France?,"Many international travelers become enamored of specific foods and beverages in the countries they visit ? especially wines. Visitors to wine-producing countries such as France or Italy would like to know that when they are back to ?real life? ? at home in the United States ? they will still have access to their new favorite red or white. But what if your favorite is only available in France? You may be tempted to purchase a case or two of it, planning to ship it home ? as you might do with a piece of artwork or designer clothes ? but that may be much more expense and bother than it is worth, no matter how much you enjoy a particular make or vintage.  Importing wine from a foreign country such as France into the USA requires extremely complex and time consuming documentation, and can only legally be done by licensed shipper/importers. Even if you were to have a special connection with a licensed wine importer in your state, and could convince them to go through the shipping process for you, the cost and time involved in all of the bureaucracy makes shipping small quantities (such as for personal use) prohibitively expensive and inconvenient.  Some may be tempted to box a case of wine up and mail it to their home address as if it were a gift, but this is not a good idea. Although the French postal service may have no issues with accepting your package, it is absolutely against federal law to send alcohol through the US Postal Service. Confiscation of your package and heavy financial penalties, as well as the possibility of jail time, could be the result of trying to surreptitiously mail yourself a crate of your favorite Rosé. Shipping companies such as FedEx and UPS ? although they will transport shipments of alcohol ? have strict requirements for alcohol importers to be fully licensed, and will refuse all personal shipments of wine. Making the issue even more complicated is that wine shipping laws vary from state to state. Every state has an Alcoholic Beverage Commission, with its own laws regarding the transport of alcohol ? whether from another state or another country ? across the state?s borders. Some states have even completely banned shipments of alcohol across their borders in either direction, regardless of who the shipper or recipient may be.  A traveler?s safest bet is to pack some bottles in checked baggage, declare them at customs, and be prepared to pay some fees. In the past (pre-9/11), it was possible to carry a few bottles in carryon luggage, but restrictions on liquids in carryons have taken that option away. Unfortunately, some airlines will not accept cases of wine as checked baggage, either. "
Do you have to disclose a DUI on an employment application if the DUI was expunged off your record?,"Driving under the influence (DUI) is usually a crime designated as a misdemeanor or a felony. A person convicted of a DUI has a criminal record under the criminal laws in most states. A DUI arrest or a conviction can make it difficult for a person to obtain employment, but the laws about disclosing the DUI to a prospective employer differ from state to state. The Society for Human Resource Management conducted a survey in 2010 revealing that 92 percent of employers did criminal background checks on all job applicants. There is no federal law prohibiting an employer from asking a job applicant about arrests or convictions. A person with a DUI record must rely upon protection under state law from having to disclose the information on a job application. For example, some states prohibit an employer from asking a job applicant about an arrest that did not result in a conviction while other states do not. A person convicted of a DUI can ask a state court to expunge the records. If a judge orders expungement of a criminal record, a person does not have to disclose the conviction or arrest on an employment application. Expungement removes the record of the arrest and conviction from the courts, law enforcement agencies and correctional facilities. As far as the law is considered, the arrest and court proceedings never happened. The problem with expunging records is that not all states allow it. For instance, New York does not allow a person to expunge criminal conviction records, but New Jersey does allow expungement. A person should consult with an attorney in their home state because some states that allow expungement of criminal records do not allow it in cases in which the charge was a DUI. In some states that do not allow record expungement, the law allows a judge to seal the records. An order sealing a criminal record prevents it from appearing on criminal background searches sent to employers by the state. Most states that permit a judge to seal criminal records do not allow it in cases involving a DUI or other alcohol- or drug-related driving offenses. Unlike expunged records, sealing does not mean the charges never occurred. It merely makes it difficult for an employer to verify. A job applicant who answers a question about a DUI in the negative because it was sealed would technically be lying to the employer. "
Can I change my plea at pre-trial?,"Once you have been charged with a crime and made an initial plea, the judge will then assign you to a pre-trial date.  Most of the time, this hearing is around 30 to 45 days after you have been arraigned.  Even though it is not the actual trial, you are going to be in front of the judge for the proceeding.  This is an imperative part of the proceedings because the judge is also going to provide you with a trial date.  You are also going to meet with the prosecutor and discuss that information they have against you for the offense. When it comes to the pre-trial, the prosecutor is going to give you another chance to accept their plea deal.  It may be the same offer as originally provided to you when you were arraigned, but it could also be something completely new.  If the offer is new, it could end up being better or worse than the original offer they provided for you. For those who decided to accept the plea provided from the prosecutor, you can enter into a guilty plea from that of not guilty previously.  When you change your plea to guilty, you are giving up your right to an appeal and the right to have a trial.  You will receive information from the judge on how to complete your sentence and excuse you.  At that time, you will be done with your day in court. If you end up deciding not to take the offer from the prosecutor because you want to go to trial and fight the charges you are facing, you will get a trial date from the judge.  For those who opt for a trial, you will have to complete the pretrial statement for the court.  Make sure to list all witnesses with complete information, so that way they can call them in on your trial date.  If you fail to provide the information for a witness on the pretrial statement, they will not be allowed to testify during your trial.  You will also need to outline any evidence that you plan to bring into light at the trial. In the end, you have the option of changing your plea at the pre-trial, but you want to make sure you fully understand what it is that you are dealing with on your charges and not digging yourself deeper into trouble. "
Can I get Financial aid when my parents file bankruptcy?,"Being able to get a solid education is important in today?s society for securing a good job.  Many people worry that they are not going to be able to obtain financial aid for college if they file for bankruptcy, but that is not the case today.  For those students who are depending upon their parents to be able to fund their education, they worry that they are not going to have options for getting the money they need for college with a bankruptcy on the record.  When it comes time to go to school, your parents will be able to help you with a number of different financial options to help handle the cost of your education. For example, student loans are a great way to fund the college education.  Most of the time, you don?t have to worry about being denied a request for student loans because they are based upon need and not credit.  The amount of money you get is based upon what year you are in school and the amount of need demonstrated by the individual.  The school will be able to calculate your financial aid based upon the information provided in your FAFSA form.  For those who are depending upon their parent?s information, you will need to make sure you put that information into the form for review. Another great form of financial aid is that of the Pell Grant.  This is a set amount of money that is awarded every year based upon specific factors that determine if you qualify or not.  Depending upon the price of your tuition, this amount may be enough to pay for your tuition and books for the entire semester.  Since you don?t have to pay this form of aid back, many people enjoy taking advantage of this form of aid. As long as you don?t have any drug related convictions on your record, you will be able to obtain some form of financial aid without worry.  It doesn?t matter how bad your credit history is or if you filed for bankruptcy because there are options from which you can choose to get the funding you need for college.  Just because your parents filed for bankruptcy that doesn?t mean you are going to be stuck trying to pay for your college education out of pocket.  You will be on your way to a solid education in no time with the help of financial aid from the school of your choice. "
Can I Still Get My CNA License With An Un-Disposed DUI Charge?,"To answer this question you have to look at the laws of the state that you reside. Whether or not you can get your license depends on a couple of factors. Regardless of whether it is un-disposed, it will show up on your record. When you have met all the requirements to get your CNAS license usually a background check will be required. Most states have specific requirements for CNAS.  For example, some states will require additional paper work to show the circumstances of the DUI and the progress made since receiving it. In the event that you lied on your application about said DUI that can be grounds for denying you the ability for getting you license. In California, the Nurse Practice act considers an unprofessional action, like a DUI reasons for discipline. This could mean a delay in getting your license with a chance to appeal. If your DUI is in the past, meaning a few years back, they will consider those facts. The process of obtaining a CNA license is quite difficult and is important you disclose this information from the very beginning.  Everyone makes mistakes, but it is big ones like this that can keep hurting you after the fact. Usually a DUI in the past will not affect your ability to get you license if the proper steps are taken to show improvement. In the event you get a DUI after receiving you license the process will be very different. A DUI will remain on your record for seven years as long as you are truthful on your application there should not be a problem.  Remember to check you state requirements to make sure there are not any additional steps needed for your particular program. In the event that your state does decide on a case-by-case basses you will need to have more details to provide and the reasons the case is un-disposed. With most states, it will be a simple yes or no. Making sure you do your due-diligence will make sure you do not run into an issue with it later on and that you will not get them taken away after you worked so hard to get them. It will also do you some good to speak to a lawyer about your options, and maybe they can work out a game plan for acquiring your license despite the DUI. "
Use Form 7004 for Extension of Time to File a Corporation Tax Return,"According to IRS.gov, corporations should use form 7004 when they need additional time to file tax information. The form is titled Application for Automatic Extension of Time to File Certain Business Income Tax Information and Other Returns. Corporations are granted either a 5 or 6 month automatic extension. If for some reason the IRS decides to terminate the automatic extension it will notify the corporation by mail. The form must be filed by the normal date your taxes are due. Corporations need to estimate their tax and submit that payment along with form 7004.  If a corporation has more than one division with different Tax ID numbers, each division must be listed on a separate sheet indicating the name, address, and tax identification number (TIN). Instructions included with the application advise that form 7004 does not extend the time for payment of the taxes. If taxes are paid late, the corporation will face a penalty for filing late as well as penalty on the tax owed. Interest will also accrue on the unpaid tax at a rate of .05% to 1% per month. However, if the corporation can prove reasonable cause for the delay, the IRS will consider reducing or removing the penalty. Form 7004 can be found at http://www.irs.gov/pub/irs-pdf/f7004.pdf. The instructions are at http://www.irs.gov/pub/irs-pdf/i7004.pdf. The IRS provides additional details at http://www.irs.gov/instructions/i7004/ch01.html. The instructions also tell corporations where to file from 7004. Most requests can be filed electronically. Other forms will need to be mailed to the address listed on the instructions.  It is so easy to complete form 7004. All corporations have to do is print or write the corporation name, address, and tax ID number. After that, select the appropriate five or six month extension. The instructions list the corporate tax forms so that you know whether to choose the five month or six month extension. For example, tax form 1120 qualifies for a six month extension while form 1065 qualifies for a five month extension.  The form asks a few questions about the business such as if it has a foreign address or is the parent group of a corporation. The corporation then has to answer questions on the corporation’s tax year, estimate the tax, and include the tax payment. No signature is required. "
Best Way to Write a Jury Duty Excuse Letter,"Each state has its own guidelines regarding what is a legitimate excuse for jury duty. Federal courts have different guidelines for exemption than state courts. Given these facts, the best way to be excused from jury duty starts with reading the jury service notice you received. Look for any acceptable exemptions listed on the notice of service. The instructions may be to write a letter to the court explaining how you qualify for one of its exemptions. Some courts may require that their own legal form be completed. Federal court exemptions from jury duty are: 1) Those in active duty in the armed forces
2) People employed as police officers or firefighters
3) Public officials Keep in mind that each state court has its own unique qualifications for exemption from jury duty. These are just some common examples. 1) Breastfeeding mothers
2) People over a certain age such as 70 or 80
3) Medical issues
4) Work-related issues
6) Financial issues
7) Family issues Best Way to Write a Professional Letter to a Judge Remember that a request to be excused from jury duty is up to the courts. Your request may be approved or denied. Each request is considered on a case-by-case basis. The courts will notify you by mail or by telephone regarding its decision. If your request is work-related, explain how jury duty will disrupt the workplace. Perhaps you are employed by a small business or are self-employed. If you are the sole caretaker of a seriously or chronically ill relative and can provide proof from a doctor, your request to be excused from jury duty may be honored. Jury duty often does not pay as much as a person earns at their job. If serving on a jury will put you or your family in financial risk, explain this to the courts in detail. If you have your own medical condition that requires treatment throughout the day using equipment that cannot be taken to court, your request to be excused may be approved. Your doctor will need to provide documentation to support your claim. In summary, the best way to write a jury excuse letter is to detail how you would suffer hardship related to jury duty and to relate the hardship to one of the exemptions. "
Best Way to Write a Good Character Witness Statement,"Writing a character witness statement for a defendant may help them receive a reduced sentence. Without a statement, all the judge knows about the defendant is the crime committed and how the defendant acts in court. Attorneys or the defendants themselves may ask you to write a witness statement. Since the letter is going to be reviewed by a judge, the format and tone of the statement must be professional. Make sure you have the judge’s name and title correct. Be honest in your statement. Being dishonest damages your reputation and does not help the defendant. Here is the best way to write a good character witness statement.  Best Way to Write a Professional Letter to a Judge Introduce yourself by name and profession. Tell the judge who you are writing the letter for. Let the judge know that you are aware of the charges against the defendant. When you know the charges against the defendant it sends the judge a message that you do know what the defendant has done but that you are still willing to write positively about the defendant. Next, discuss how you met the defendant and how long you have known him or her. Doing so establishes your relationship with the defendant. Provide specific examples of good deeds the defendant has done. If the defendant has done volunteer work in the community, provide names of the organizations and the types of activities he or she participated in. If the defendant is a good provider for the family or is devoted to his or her family, bring that up and provide examples. Again, be truthful: Conclude by saying how the defendant’s incarceration will negatively affect their present, their future, their job, and their life. Be specific. Explain how the defendant’s incarceration will affect his or her family and employer. Explain how the defendant has learned from their mistake, what steps they have taken to change, and that you believe they will not make the same mistake again. Include a telephone number in your conclusion so that the judge may reach you with any questions. Doing so shows that you are serious about helping the defendant and that you mean what you say. "
Can I Write a Demand Letter Instead of Hiring an Attorney,"Yes, you can write a demand letter instead of hiring an attorney. Why not handle it yourself instead of paying a lawyer to collect the money or represent you in court? A demand letter is a written document demanding a specific remedy to a transaction. The most common disputes involve money or services. Demand letters can come from either side of an issue. Someone may owe you rent or money for services you provided. On the other hand, perhaps you paid someone money to provide a service for you and they have not done the work. Perhaps the service you received was not satisfactory. Demand letters are the final step before going to small claims court. Make sure you have records of the transaction such as letters, phone calls, personal conversations, invoices, payment records, quotes, agreements, progress reports, and any other documents. Once it becomes apparent that a problem is developing, it is extremely important that you keep records of the steps you took to resolve the dispute. Begin the letter with a brief summary of the situation. For example, I paid you $2,500 on July 1 for remodeling my kitchen. You agreed to begin work on July 7. It is July 14 and you have not yet started working. Next, mention any attempts you have made to contact the contractor. Now, give the contractor until a specified date to begin work. You must then indicate what steps you will take if the contractor does not begin work by the date you set. Examples include advising that you will put a claim against his contractor?s license with the city or his contractor’s bond through the surety company. Contractors will not want any claims against their license or their bond because they could lose their license to work and therefore their livelihood. If someone owes you money, give them about seven days to pay and then advise them that you will take them to small claims court. Some people will comply to avoid the stress of going to court and the embarrassment of having their name in the paper reporting that they have been sued. If the other party does not comply, take the matter to small claims court. You can handle it yourself by bringing the evidence with you. "
Best Way to Fight a Red Light Camera Ticket,"The best way to fight a red light camera ticket is to hire a lawyer who specializes in traffic tickets. He or she will be familiar with traffic ticket laws and the best way to fight them. Here are a few strategies to use when challenging your ticket. Blurry Photo If the city or county sends you a photo of you running the red light, examine it to see if the license plate is blurry or clear. Check to see if the photo of you is blurry. If neither you nor your license plate is recognizable, you can fight the ticket. You can say that the person driving your car doesn’t look anything like you or is unrecognizable. If the license plate is blurry, you can argue that they cannot be certain they have the right car. If the photo is not included with your ticket, request the photo. Argue the Reliability of the Camera When in traffic court to fight the ticket, ask whether the camera was indeed working properly at the time it generated your ticket. Cameras are machines and they can malfunction. If the prosecution cannot decidedly prove that the camera was working properly, they do not have a solid case proving that you ran the red light. Also, those reviewing the pictures can make a mistake in deciding on the accuracy of the picture. Question if they are absolutely certain the picture proves that you ran the red light. Witnesses at Trial The red light camera manufacturer is supposed to appear at trials regarding red light traffic tickets. A representative from the camera company is there to testify whether the camera was working properly and when it was last maintained. If no one shows up to represent the camera company, you can argue that no one is there to verify whether the picture is accurate. Hearsay One can try arguing that the photograph is hearsay and is therefore inadmissible under the Sixth Amendment. It is hearsay because you cannot cross examine the photograph or the camera. The Sixth Amendment gives defendants the right to confront their accuser.  In summary, it is best to have a traffic attorney represent you. If you are not familiar with traffic law, you will not be able to mount your own defense in court. Without knowing the law or how to prepare a defense, you will likely lose your case. "
How to Find a Person in Jail for Free,"If you are looking to find someone in jail, you have a few options. If you’re not sure where to start, trying to find an inmate may feel overwhelming. So before you start Google searching every jail in your area, let’s walk through the basics. Do you know the person’s name, address, or date of birth? Maybe you know the county, city, or state where they committed the crime or even when and where their hearing was held. Obtaining as much basic information as possible will simplify the process. We’ll walk through how to find out if someone is currently in jail and explore the best way to find which jail or federal prison they’re in. There are several reasons why you might need to find out if someone is in jail. Oftentimes, people know someone who was arrested and they want to know if they are still incarcerated. Other times, families that move to a new area want to do research on convicted sex offenders. And sometimes, family members are in search of relatives they have not heard from in a while. In any case, finding out if someone is in jail starts with knowing where the crime took place. Even if you do not have the name of the criminal, you can quickly narrow down your search if you know which jurisdiction to focus on. To find someone in jail, you can start with your State Department of Corrections. If you go to the state’s web page, you will be able to find a phone number to contact. You’ll also find resources like Sex Offender Registry, Offender Contact information, and Offender Visitation forms. Many states will also have a search feature. Some state websites will refer to this as an Offender Database Search or an Inmate Search. If you are unsure where to look for this feature, simply Google the state followed by “department of corrections inmate search.” It’ll be in one of the top search results. Some counties do not have an online search feature, so you may have to call. If the jail you call is not where the inmate is located, try contacting nearby jails. If the person you’re looking for was recently arrested, their information may not be in the system yet. You can always check every week or two. But typically it’s harder to find their information because arrestees are held in the county jail until they have a trial and are released or transferred to a more permanent location. However, if the person you are searching for has been in jail longer than a month, you can use a few other resources to find out where they are located. Once you have determined someone is in jail, you can start your search. If you know the jurisdiction where they were arrested, you can call the jail. The Department of Corrections will be able to release public information to you about the person. Like their name, age, birthday, and gender. However, there are other ways to find someone in jail for free if you have limited information about them. The best way to find someone in jail for free is VINE (Victim Information and Notification Everyday). A victim notification network that “provides the most reliable information for custody status changes and criminal case information.” On the site’s homepage, select the state where you want to search. Navigate to the “Find an Offender” button, where you will be prompted to type in the Offender ID number. Or, if you don’t know it, the inmate’s first and last name. You can also select “Advanced Search” to add the inmate’s facility name, date of birth, and age range. When you find who you are looking for, you will see their inmate/offender ID, date of birth, race, gender, custody status, location, and scheduled release date. Anyone interested in the status of an inmate can register to be notified when the inmate is released or transferred. Notification is done by phone or email. Note: VINE does not provide information on federal prisons, only local jails and state prisons. VINE is updated every day. Finding someone in federal prison is a lot like finding someone in jail. The best way to locate information on a federal prisoner for free is to go to the Bureau of Federal Prisons. Then, go to the inmate locator tab. You can search by inmate number or name. A list of results will appear with the inmates’ names, ID number, age, sex, race, and release date, or prison location. If you select the prison’s name, it will take you to that location’s website where you can find additional details. Of course, if you know which jail or prison the inmate is located at, you can pull up its website and do a search. At least then you’ll know if the offender is still in custody. Not all jails or prisons have this information online. In that case, simply call the jail or prison and ask them to provide the inmate’s status. VINE and the BOP website are by far the best resources to find someone in jail for free. Their sites are constantly updated and contain the most information on inmates nationwide. Another great free website is Inmates Plus. Click on the state where you want to search and then two options appear. One option is a search for the state prison. The second option is to search by county jail. Inmates Plus is updated daily. You know of someone who has been in jail or prison, but you’re unsure when they will be released. You can find an inmate’s release date by calling the state’s Department of Corrections, searching their online database, or use a resource like VINELink. Although release dates are subject to change based on the inmate’s behavior. If the inmate is incarcerated in a smaller facility, their release date may not show up on large databases. If the inmate’s case was followed by the public, sometimes their release will be covered on local news stations. To learn more about this process, check out our step-by-step guide on  How to Find an Inmate’s Release Date. People might need to look up mug shots for many reasons. Some are looking for information on acquaintances who were arrested. Others are looking for their own mug shot. Still others may be browsing out of curiosity. Whatever their reason, finding local mug shots is easy. Several resources can be consulted, and the information is usually freely available. In some jurisdictions, mug shots are public record. Accordingly, it’s very easy to browse through the pictures. Start with the law enforcement agency’s website. These are easy to find by putting a county name and the words “sheriff’s department” into an online search engine. City police departments and highway patrol agencies may also have accessible websites. If mug shots are available, they should be easy to find by clicking on a link labeled “booking blotter” or something similar. This is probably the easiest search method available, particularly if you know which agency arrested the individual whose mug shot you’re seeking. If you’re not able to locate the particular mug shot you’re seeking, consider calling the law enforcement agency. They may allow you to come down to the station to search through their books of mug shots. Some online companies provide people with an opportunity to search for a mug shot through their website. This is often a fee based service, but it may make sense to try this if you’re not able to locate a mug shot through a law enforcement agency. If the company does not already have the mug shot you’re looking for in their database, they may be able to request it from the proper authorities. This may involve an additional fee. Some jurisdictions do not post mug shots online and instead require people to visit in person. County or city jails may be able to accommodate your request to review mug shots. It’s generally advisable to call first to make certain that coming in person to ask to view mug shots is permissible. Where mug shots are considered public records, it is not unusual for various media outlets to publicize them. Check websites for local networks and newspapers, as they usually post recent mug shots on their page for local news. Like using a law enforcement website, this is an easy method for obtaining mug shots. If someone you care about is in jail or prison and needs legal help, you can get a free case evaluation to help you plan your next steps. "
How to Defend Yourself in Traffic Court,"If you believe that it is in your best interests to contest your traffic ticket, it is important to be prepared to represent yourself in court. In the traffic court as in any court, it is not your job to prove that you are innocent. However, it is the state’s job to prove that you are guilty of the traffic violation charges. Before you even go to court, it is wise to be prepared for it by getting copies of all police reports. You have the right to: Once you have obtained all necessary documents, check your State Vehicle Code. Compare your own violation with the conduct that is stated in the Code to make sure that you have a valid defense point. It is also important to take pictures of the place where the incident happened to be able to prove that the state is wrong. Moreover, it is recommended to check a car’s odometer to be sure that the odometer is not broken. During your traffic court hearing, it is very important to make a good impression on the judge. Make sure that you are dressed nicely and have a pleasant attitude. It is highly recommended to call the judge “Your Honor” when you speak to him or her. Try your best not to argue with the judge.  How To Look Up My Court Date Online Furthermore, make sure to bring any witnesses you have to the court. You might need to subpoena them. The subpoena forms are available in the court.  Witnesses often can verify and support your version of the events and help you to dismiss the ticket. If you have any passengers in the car, consider putting them on the witness stand as well. During the hearing ask for the dismissal of your case and present all your gathered pieces of evidence. Moreover, make sure to take advantage of your legal right to cross-examine a police officer who wrote you a ticket. During the cross-examination try to remain calm and treat the police officer with respect. If the police officer tries to ask you questions, object to it and let him know that he is not allowed to practice law. It is highly advisable not to request a jury trial since, often, jurors are not sympathetic to a defendant in traffic violation cases. The best defense in the court is to prove that it is not your vehicle that has been scanned for speeding or it was not you driving it if it is the case. If you did your best defending yourself in the court, but the judge’s decision was not in your favor, calmly accept the decision. "
Who Was Myra Bradwell: America’s First Woman Lawyer,"Myra Bradwell is not well known to the average person but is a particularly important figure in the history of law and women’s rights. Myra Bradwell was the first American woman who became a lawyer. More importantly,  Myra Bradwell opened the doors for all American women who wished to obtain the license to practice law. Myra Bradwell was born February 12, 1831, in Manchester, Vermont. Myra’s family moved to Illinois when she was 12 years old.  She had graduated from the Elgin Female Seminary in Illinois before she turned 24 years old. Her love of the law had begun when she married her husband James Bradwell in 1852, who was also a law student. Slowly Myra started to learn the law. In 1868, Myra Bradwell has founded the Chicago Legal News. The Chicago Legal News was the most popular legal newspaper in the United States at that time. Finally, on August 2, 1869, Myra passed the Illinois law exam. Later in September she applied for the submission to the bar. As the addition to regular documents, Myra sent a letter where she addressed the issue of her sex. In this letter, she stated that women had all rights to be able to do things that men did. Unfortunately, the Illinois Supreme Court denied Myra’s submission to the bar, but not because she was a woman. Myra was denied the submission for being a married woman. At that time, married woman’s job was to take care of her husband and children. If Myra would be granted the license to practice law, it would interfere with her family responsibilities. However, Myra Bradwell did not give up her dream and appealed her case in Illinois. Sadly, she was denied the bar admission again. This time she was actually denied for being a woman. The Court provided four reasons for Myra’s denial to practice law. First, the Illinois law was silent about women entering the law profession. Second, the state was concerned with too many women working in the offices if Myra would be granted her license. The third reason was that some of the violent law cases would not be suited for a woman. Finally, the state did not know how women would affect the administration of justice. After this decision, Myra Bradwell decided to take her case to the United States Supreme Court. Myra’s new attorney Senator Matthew H. Carpenter of Wisconsin argued that women had the right to choose the law professions, but did not have the right to vote. This argument was not truly popular among the women, but Carpenter believed that it was the only winning tactic for Myra’s case. However, in 1873 the Supreme Court also denied Bradwell because of her gender. In 1872, the Illinois legislature passed a law that stated that no person could be denied the opportunity to pursue any career path on account of sex. Due to this law Alta M. Hulett was admitted to the Illinois bar in 1873. Bradwell was not admitted to the Illinois bar since she needed to reapply for the bar admission. Myra Bradwell did not feel the need reapply for her law license. She already felt like a winner since she helped American women to have the opportunity to pursue their dreams. Myra Bradwell continued to work on the Chicago Legal News and practice law without a license. In 1890, the Supreme Court of Illinois granted Bradwell the license to practice law. The United States Supreme Court granted her license 2 years later, as well. Both licenses were granted “munc pro tunc”, which meant that official documents were dated 1869. That was the original year Myra applied for her license. Thus, Myra Bradwell was indeed the first woman who could legally practice law in the United States.   "
Can You Borrow Against a Term Life Insurance Policy?,"A term life insurance policy provides the beneficiary with a monetary benefit for a pre-determined number of years in the event of the death of the benefactor. Term life insurance costs less money than other types of life insurance. Term Life insurance is a popular option for younger individuals who are looking to offer extra security for their loved ones. However, term life insurance has the limitations to its coverage. For instance, term life insurance only provides coverage for a specified term. The term can range from one year to 10 years and depends on the policy a person selects. After the term life insurance policy expires an insured person can usually renew it, but his or her premiums might increase. When the benefactor turns a certain age or develop any chronic illness, renewal of the policy can be denied by the insurance company. Finally, term life insurance policies usually do not have any cash value. Thus, it is very unlikely that an insured individual will be able to withdraw money or borrow against them. A term life policy’s purpose is to provide coverage for the limited time and only pays the insurance benefits to beneficiaries in case of the benefactor’s death. Thus, borrowing money against a term life insurance policy is not possible most of the times, it is still recommended discussing it with the insurance company. During the discussion, first, a policy holder needs to ask his or her agent if borrowing is even a possibility. If the insurance company confirms that it is possible to borrow against a term life policy, the next step is to ask the agent what interest rate will apply when the policy holder starts the re-payment process. Moreover, it is recommended to ask the agent about the possibility of any undisclosed fees involved. When all questions are answered, the insured person needs to decide if borrowing money against his or her policy is a wise step to take. If a person wants to have a more secured life insurance policy that lasts the lifetime if all premiums are paid on time, whole life insurance is the perfect option. Whole life insurance is not a short term life insurance and cannot be terminated based on an insured person age or health issues. On the other hand, whole life insurance policy costs more that term life insurance due to the higher risks for the insurance company. Moreover, a whole life policy has one significant difference from a term life insurance. A whole life insurance, unlike a term life insurance starts building cash value immediately when the policy starts. It accumulates cash value due to a higher premium on a whole life policy than needed to be, so the excess can accumulate value. Usually, after an insured person had the policy for a few years, he or she will accumulate a cash value higher than the death benefit. Thus, anyone can always borrow money against his or her whole life policy as long as the person has some accumulated cash on it. Borrowed money can be spent on anything, including bills, home repairs, car purchases and etc. Finally, even though a policy holder has essentially just borrowed his or her own money, the loan taken against a whole life policy is required to be repaid with an interest. If the borrowed amount is not paid back before an insured person passed away, the money he or she borrowed will be deducted from the amount that his/her family receives in the event of the benefactor’s death. Therefore, before borrowing against your whole life insurance or in some cases your term life insurance, consider other loan options that will not affect the policy benefits your family will receive. "
What Is Attorney Client Privilege?,"The attorney client privilege secures the client from the potential sensitive information being disclosed to other people. The law requires that an attorney does not reveal any communications or letters between him/her and his/her client to any third party, which includes business associates, competitors, government agencies and even criminal justice authorities. This requirement helps the client to speak with his/her attorney honestly and without a fear that his/her sensitive information will be disclosed. The attorney client privilege has existed for a long time and has been practiced way back in the Roman Empire. In order for the communication to qualify for the attorney client privilege, it needs to be done in confidence and between the privileged persons (an attorney and his/her client) with the desire of receiving or providing legal assistance. Many clients assume that the attorney/client relationship exists, when it actually was not established. If a person just consulted with an attorney on the phone and shared some sensitive information without retaining the attorney to represent her or him, it is probable that the attorney client privilege is nonexistent here. The attorney often acknowledges the representation of a person if he or she sends the person a letter agreeing to represent him or her, by orally agreeing to the representation or, finally, by sending the contract fees to the future client. It is important to know that not every communication between the attorney and the client protected by the attorney client privilege. For instance, if a shared information can be obtained from a non-privileged source, it is not protected by the attorney client privilege. Since it is the client who holds the attorney client privilege, the client is also the one who can assert or waive it at any moment. Furthermore, the law established the certain exceptions to the attorney client privilege. The most common exceptions to the privilege are the death of the client, fiduciary duty, crime or fraud exception and common interest exception. Fiduciary duty exception means that a corporation does not always has the right to assert the attorney client privilege. For instance, if corporation shareholders wish to pierce the corporation’s attorney privilege, the corporation cannot just assert its attorney client privilege. Crime or fraud exception to the privilege applies if a client seeks advice from an attorney to assist with committing a crime of fraud. However, if the client has completed a crime and seeks the legal help, such communication is under the attorney client privilege unless the client is seeking advice on covering up his or her crime. Common interest exception to the privilege applies if two clients are represented by the same attorney. In this case, neither client may assert the attorney client privilege against the other party in the litigation process. "
Is Flag Burning Illegal?,"Currently, flag burning is not illegal in the United States.  The Supreme Court of the United States in its decision from 1969 has ruled that the burning of the flag is protected by the First Amendment. However, the person who burnt the flag can be found guilty of a misdemeanor for starting a fire without a permit. Interesting that the burning of the flag has been against the law until 1969. The first U.S. Supreme Court ruling on flag desecration was passed in 1907 in the Halter vs. Nebraska case. Most early flag desecration statutes prohibited: Later, in 1968, Congress responded to the burning of the American flag in Central Park as a protest against the Vietnam War bypassing the Federal Flag Desecration Law. This law prohibited any display of “contempt” directed against the flag. Thus, the burning of the American flag had been illegal until 1969 when the Supreme Court ruled the decision to award the First Amendment protection to the burning of the flag.  First Amendment Furthermore, in a few court cases, it has been declared that it is only illegal to burn the US flag if the flag would be stolen. In fact, burning the flag is one of the approved ways to destroy a too worn or torn flag. For the past 20 years, Congress has made seven attempts to overrule the Supreme Court decision regarding the burning of the American flag by passing a constitutional amendment that had an exception to the First Amendment and allowed the government to ban flag desecration. The Amendment was first proposed in 1990 but failed to receive the required two-thirds majority votes of the House. After 1994, when the Republicans took over the Congress, the Amendment has consistently passed in the House but failed in the Senate. "
What Is a Negligence Lawsuit?,"A negligence lawsuit is a civil lawsuit that filed against a person or a legal party that failed to use reasonable caution and caused damage to a victim while providing care or services.  Negligence cases are usually brought against certain category of professionals, such as medical professional, therapists and attorneys, but can be brought against any person if his/her actions has been proven to be a negligence. It is essential to the outcome of a negligence lawsuit for the victim to prove that harm was caused by the standard of service she or he received. Each negligence case has 4 main elements such as duty, breach of duty, causation and damages that are required to be proved in order to file a negligence lawsuit. The duty element is required for a negligence lawsuit. The duty element means that the person who caused negligence must have a legal obligation to protect others from unreasonable risk of harm. Each person has different duties. For instance, a doctor is required to provide a treatment to his patients. Thus, the second element to a negligence lawsuit is breaching the duty. To meet this element, it is required to determine if a reasonable person would have done the same thing in a similar situation as the person being sued. To determine, if the breaching of duty has taken place objective and subjective standards are taken into consideration. The objective standard of breach of duty only takes into account a hypothetical person and what he or she would have done in a similar situation. On the other hand, the subjective standard considers the actual person that being sued and if this person thinks that he or she acted reasonably in the situation that caused damages to a victim. It is of note that professionals such as doctors are expected to perform a higher standard of care than just the average person. The third important element of each negligence lawsuit is the causation of negligence. Both actual cause and proximate cause are essential in determining the cause of negligence. The actual cause of negligence means that the defendant was the actual cause of injuries sustained by the plaintiff, the person who filed the lawsuit. However, proximate cause of negligence considers the event that has happened and if the injuries sustained were foreseeable or remotely connected to the incident to consider negligence. The damage element is the final element of a negligence lawsuit. The plaintiff needs to prove that it has been actual damages resulted from the defendant’s negligence.  Damages can be compensatory, punitive and nominal.  Compensatory damages are meant to compensate the plaintiff for actual costs incurred as the result of negligence.  Compensatory damages can be general and special. General damages usually contain the monetary compensation for injuries. Special damages might consist compensations to replace material possessions lost as the result of the negligent act. Nominal damages are awarded when the negligence has been proven, but the actual loss as a result of it has not occurred. Lastly, punitive damages intent to punish the defendant for his or her negligence act. In some cases, it is possible for a third party to start a negligence lawsuit on behalf of the victim, for instance, in negligence cases that involve elderly people. Sometimes, it is also possible to file a lawsuit even after the victim’s death. During the negligence trial, the judge will need to determine what the defendant’s duty was to the plaintiff. "
How to Legally Declare Someone as Mentally Incompetent?,"In the United States, competency involves the mental capacity of an individual in order to participate in a legal proceeding or his ability to exercise his liberty and pursue his interest. Competence also pertains to the capability of an individual’s state of mind to make decisions that involve his interests. Competency is presumed unless there exists a reason to declare a person as mentally incompetent. There are several factors that would affect an individual’s competency to make a particular decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a Will.  What’s the difference between the insanity plea and incompetency? 1. File a form to declare a person as incompetent before the Probate Court having jurisdiction over the area where the subject of the petition resides. This form shall include an application to be declared as a court-appointed guardian. 2. In filing the petition, the aid of a mental health or guardianship lawyer is beneficial to the petitioner. The retained counsel shall assist the petitioner in the gathering of supporting documents or evidence to strengthen your petition. 3. There must be a psychological evaluation of the person subject of the petition to be conducted by a medical practitioner. If the person sought to be declared as incompetent does not comply with a voluntary evaluation, a court order must be requested, by way of filing the proper motion, before the probate court. 4. The result of the psychological evaluation must be submitted with the application form to the Probate Court which shall proceed to determine whether or not there is sufficient ground to declare the subject as incompetent. The Probate Court shall also determine whether or not the person seeking to be appointed as guardian is suitable. The petitioner may be required by the court to post a bond with the help of financial insurance companies. The posting of the bond is required for the purpose of protecting the property and other interests of the individual sought to be proclaimed as incompetent. 5. Petitioners may have some difficulty in looking for bonding companies or insurance companies that may post bond for him. This may be due to poor credit history or criminal history. Here, your guardianship lawyer may be of help. 6. If the subject of the petition is an adult, the petitioner must contact the adult protective services which shall conduct an investigation. This is mandatory even if the petitioner does not seek to be appointed as a guardian. "
Domestic Violence Laws,"It is becoming increasingly accepted that violence within the family is no longer a purely ‘domestic’ issue. It is a problem which belongs to society as a whole, and which should properly be the subject of debate and co-operation between health, policy and legal professionals. It is unacceptable that children and families in Australia continue to experience domestic violence at disturbingly high levels. Along with the criminal justice system, the family law system has a vital role to play in protecting families and children from harm.   The current law applying to Domestic Violence is The Domestic and Family Violence Act 1989. It is aimed at preventing violence and abusive behaviour between married partners, defacto relationships and families involving children. However, this Act is only effective to a certain extent. Domestic violence is often a hidden matter that should not be hidden, not least because it affects many people but also because it is the hidden underbelly of many societies. The Queensland Parliament has a very important job in trying to redress domestic and family violence to protect victims and survivors. The State Government must prioritise the issue of dealing with relationship disputes by helping individuals resolve the issue. They must do this not only in the strict legal sense but also as a community, so that they do not create enormous distress to victims and cost to the community. Legislation is part of that, but other matters need to be challenged, such as society’s attitudes and traditions to the overall impact and adverse effects of Domestic Violence.   Domestic Violence occurs when a family member uses violent and abusive behaviour to control another family member or members. It can include physical, verbal, emotional or sexual abuse. Women and children are the majority of those who are subjected to abusive and violent behaviour in the home with 1 in 5 women around Australia falling victim to domestic violence. Men too are victims of violence but the violence their experience is much more likely to be at the hands of a male stranger, with only 4% of the male population having been attacked by a current or formal female partner.   A national survey was conducted in 2009 to determine Australians attitudes towards Violence against Women with 10,000 Australians being surveyed from equal gender. 98% of respondents to this survey acknowledged that domestic violence is a crime, an increase from 93% in 1995. However, disappointingly the survey highlights that some Australians still hold attitudes which excuse or trivialise violence against women, with one in five thinking that domestic violence can be excused if the violent person later regrets what they have done. The United Nations State of World Population Report 2005 revealed that gender based domestic violence globally is the most tolerated of human rights violations with one in three women internationally having been beaten, coerced into sex or otherwise abused by a family member.   There have been some attempts to assess the economic impact of family and domestic violence. In 2004, it was estimated that domestic violence cost the Australian economy $8.1 billion in 2003-2004. The estimated annual cost of the Queensland’s legal systems response to domestic violence was $298 million and the total ‘second generational’ cost of domestic violence was estimated to be $220.3 million. That includes services provided to families that are affected by violence in their homes.   The Family Violence within the family may have varying consequences. It does not always prompt a breakdown of the family. Whilst the Family Court sees only those families who have separated, it would be wrong to ignore the fact that many victims and their children may continue to live with violent partners for a significant period of time, sometimes with tragic consequences. They may do so for any number of very complex reasons, including lack of economic freedom or fear of physical retribution. Sadly, the worst violence often occurs when victims, usually women, attempt finally to leave the relationship. The Victim The devastating effects of family violence on adult victims are well recognised. Those effects include physical damage, psychological damage, an impaired ability to function normally (which can include an inability to work), and damage to parenting abilities. These adverse effects can in some cases be short-lived; in many other cases they cause long-term serious harm to a person’s ability to function; and in the most serious of cases, they can be life threatening.   The Children The effect of family violence on children has traditionally not been as widely recognised. In extreme cases, such as the murder of the mother by the father, the effect upon the children is obvious. Yet until comparatively recently it was widely assumed that unless directly involved in it (for instance, by being injured), children were not seriously affected by violence, or threats of violence, between parents. However, in numerous papers in the last few years, child psychiatrists have recorded the adverse effects upon the children of witnessing assaults and threats. Even where it occurs in non-violent circumstances, the breakdown of the relationship between parents and the resultant tension within the family is well known to affect children adversely. To witness or to be aware of abuse, threats and actual violence toward the other parent is obviously highly detrimental to children of any age, including the very young.   The Court of Appeal looked at this issue in early 2000, in a case called Re L, which related to the issue of contact and domestic violence. That case came shortly after the Children Act Sub-Committee of the Advisory Board on Family Law sent its final Report on the effect of domestic violence on applications for contact by the non-resident parent. In hearing the appeal in Re L, it looked at a joint report from two distinguished child psychiatrists, Dr Sturge and Dr Glaser, later published in Family Law. Doctors Sturge and Glaser’s report emphasised that whether as witnesses or as victims, children are affected as much by exposure to violence as by being involved in it. Indeed, there are research findings showing that in very young children, threats to the carer on whom the child is dependent have more serious psychological consequences for the child than attacks on the child themselves.   This particular case shows that their still are significant inadequacies in the justice system’s response to family and domestic violence. There remain questions about the ability of the justice system to adequately deal with the variety of issues that family and domestic violence presents.   Several newspaper articles from late 2009, all prove that there is a problem with the current Family and Domestic violence legislation due to increasing incidents of domestic violence in Queensland. One article “Bligh Labor all talk and no action on Domestic Violence” states that during 2007-2009, there were more then 44,000 domestic violence applications made across Queensland Courts. The same article also states that in the same period, Queensland Police reported more then 16, 700 breaches of domestic violence orders, indicating that the orders are not worth the paper they are written on when it comes to actually offering victims protection. Many of these articles state that the State Government has failed to look into thousands of cases of suspected domestic violence because of spiralling demands and a shortage of resources and funding. This is a controversial problem that is in need of immediate reform.   Community organisations are at the forefront of helping victims of domestic violence, providing emergency help and support, yet many of these organisations are struggling for resources and funds themselves. Victims of domestic violence need to have confidence in the laws and their enforcements as well as emotional support before they are going to speak out. When children are involved, the implications are greater and the reassurances need to be much stronger. These issues should be the focus of the Government – improving the access of all victims of domestic violence to community services, strengthening the legal response to offences, and helping regional areas that demonstrate particular need.   The inadequacies of the present system are demonstrated by the fact that many victims of domestic violence simply do not use the justice system, and those that do use it often withdraw from it. Reasons for this include fear of retribution from the perpetrator, shame and embarrassment, a lack of awareness of available services and the difficulty of making contact with service agencies if the victim is under constant surveillance by the perpetrator. It has also been noted that victims can lose faith in the justice system if they do not receive the desired outcome or if they are faced by a lack of understanding by personnel within that system. Despite the fact that family and domestic violence is now treated as crime, it has been observed that the traditional criminal justice approach does little to discourage domestic violence in the home. This is evidenced by the continuous prevalence of domestic violence and the frequency in which perpetrators of that violence breach bail conditions, violence restraining orders, community-based orders suspended sentences and parole orders. Despite laws criminalising domestic assault and breaches of protection orders, low charge and conviction rates for these crimes have been common around Queensland, suggesting that criminal justice institutions do not consider them serious enough to warrant the full force of the law. As arrest and prosecution are significant social means of insisting on perpetrator accountability and may provide a level of protection to victims, proactive policing policies have been seen as important components of an improved Government and community response. A strong criminal response is also an important means for changing social norms about violence.   The delays in the present system are also a problem with delays causing further tension in families, increasing the trauma of the experience, and may also cause victims to withdraw their testimony out of fear of increased violence while waiting for trials to be heard. The process can be slow, intimidating, humiliating, confusing, frustrating and often fails to provide victims with the best outcomes. In spite of the Domestic and Family Violence Act 1989 aiming to protect victims of domestic violence and holding perpetrators accountable, victims till have considerable difficulties accessing legal remedies. Currently the victim must negotiate different locations, may or may not qualify for legal aid, may have to employ different advocates, and will appear before different judges, each of whom may only have a partial awareness of the relates matters due to the way information is compartmentalised. In addition, the justice system operates largely in isolation from the broader social service system, meaning that victims who approach the legal system for assistance directly – that is, not via a domestic violence service – often have unmet support needs. Victims of domestic violence are likely to need a wide range of services including health, housing, financial, cultural, educational, legal and child-specific services. No single agency is able to provide all these services. Communication between relevant agencies within this broader service system is often too limited to ensure that victims can use the services they need in order to be safe or to recover satisfactorily from the effects of violence.   In Queensland, the regional Domestic Violence Networkers work towards improving communication between agencies through the establishment of local area Domestic Violence networks. In some regions they have developed strategic plans to strengthen service capacity. As the justice system integrate their responses, other parts of the service system such as health and education will be encouraged and supported to co-ordinate their responses.  Despite the Queensland Government’s commitment to consult widely, there are still inconsistencies in the degree to which different departments consult and some examples of policies that undermine efforts to improve the victim’s safety, for example, the introduction of home detention. The participation of domestic violence service providers and their service users at all levels of the reform process is an issue that cannot be taken for granted in Queensland.   A coordinated Queensland-wide approach must be adopted if we are to reduce and prevent domestic violence, identify trends and patterns, improve community interventions and facilitate systemic change. This motion calls on the government to support a state-wide approach. The establishment of a committee on tackling domestic violence would see a coordinated approach where all stakeholders could actively work towards ending violence against women and their children in this country. Over the years there have been a number of programs and strategies aimed at tackling domestic violence, but it is only in recent times that serious consideration has been given to the perpetrator of the violence. There is a need to increase efforts in the area of primary prevention as it is essential to tackle the causes of domestic and family violence rather than simply to deal with the outcomes.   The Sate-wide approach needs to foster discussions and awareness of domestic violence in mainstream community settings such as schools, churches and social service agencies. The work of Family Violence Prevention Networkers in important in this respect. The process of change is as important as the actual changes made. The community’s most marginalised victims of domestic violence need to be empowered to be part of the process if and improved response is to be made.   By implementing certain strategies such as expanding primary prevention and early prevention strategies, improving funding of support services, improving accommodation options for victims of violence, increasing perpetrator programs, strengthening responses from the justice system and continued attention and collaboration on this issue, it can be assured that families, especially children, are protected from harm. "
Can people go to jail for not paying their credit card payments?,"Failure to pay credit card debt is not a crime in the United States. The US have debunked debt imprisonment in the 1950’s which decriminalized the act. The purpose of the government is to encourage people to establish good credits with the country’s financing business entities. The effect would be an increase in financing investments. Imprisonment is a penalty imposed by law against a person who was proven, with proof beyond reasonable doubt, to be guilty of committing a crime. A crime is defined as an act or omission in violation of a law forbidding or commanding it and for which penalties are imposed by the state. One of said penalties include imprisonment.Therefore, in order for a person to go to prison, he must first be convicted of a crime. Even though failure to pay your credit card debt is not a crime in the U.S. there are still serious consequences of the omission. Once there is a default in the payment of credit card bills, the account of the holder will be forwarded to the collection department. The department shall then issue demand letters against the defaulting debtor which may include warnings against the stringent steps that the credit card company may enforce against him. Once the account has been sent to the collection department and once the demand for payment fails, the credit card company will commence the collection proceedings. Once judgment is obtained against the debtor, his properties may be levied, his wages may be garnished or liens may be imposed on his estate. Once these are done, the debtor will have great difficulty in obtaining a loan, applying for a new credit card or employment. The effect of neglecting to pay one’s credit card has serious implications on the holder’s credit score. A credit score is a 3 digit number which is used by the banks to classify loan applicants to determine if they have the capacity to pay the loan or if they do not have the practice of omitting payment. If the applicant’s score fell on the bad range or below 620, his loan will immediately be disapproved. The only time that a debtor may be imprisoned is when he failed to comply with court summons in the collection case. It must be noted that once the debtor absents himself from court hearings, the court may issue an arrest warrant against him. But this is merely ancillary to the issue of non-payment of credit card debts. "
Is a DUI/DWI Charge a Criminal Offense or a Traffic Offense?,"Driving under the influence or DUI is a criminal offense of driving a motor vehicle with an alcohol level that exceeds the legal limit. This offense is also applicable when the offender operates a machine while intoxicated. In some jurisdictions, a more rigid version of DUI is being implemented. In California, there are certain restrictions or prohibitions involving DUI. Minors, for example, cannot consume any alcohol, intoxicating substances, and prescriptions when driving. In some states, the alcohol level allowed by law is 0.05% to 0.08%. Each offender is subjected to a breath test wherein the blood alcohol level is measured by an instrument. If the offender is found to have a blood-alcohol level which is in excess of that which is allowed by law, he shall then be charged with: However, not all jurisdictions consider DUI or DWI as a criminal offense such as in Wisconsin and New Jersey. In said states, DUI or DWI is considered only a traffic violation. This entails that the penalty imposable by law does not include imprisonment.   But, in most jurisdictions, DUI or DWI was already criminalized or treated as a criminal offense. This means that the penalty shall not only include fines, suspension of license, and community service but also imprisonment. In California, the penalties differ based on the number of DUI offenses incurred by the respondent. If the respondent was arrested for his first offense, he shall be penalized with 4 days to 6 months imprisonment, $1400 to $2600 fine, 30 days to 10 months license suspension, and installation of Ignition Interlock Device (IID) in all vehicles owned or driven by him. If the offender was caught for his 2nd DUI violation, he will be merited with 10 days to 1-year imprisonment, fine of $1800 to $2800, two years license suspension, and mandatory installation of Ignition Interlock Device. If the offender was caught for the third time, he will serve jail time for 120 days to 1 year, a fine of $1800, license suspension for 3 years, and installation of Ignition Interlock Device in all his vehicles. The sentence imposed under the law, especially the prison term, is affected by several factors. One of which is the “lookback period” of 10 years wherein the record of offenses committed by the offender shall be examined by the authorities. If the offender was caught for a second DUI violation within a period of ten years from the first DUI conviction, the court may impose the maximum sentence against him. "
How long do I have to live in my house after filing bankruptcy?,"Under the law, there are two kinds of bankruptcy, one filed under Chapter 7 and the other under Chapter 13. In Chapter 7, the debtor is allowed by law to liquidate all his assets and deliver the proceeds thereof to his creditors. Under Chapter 13, on the other hand, the debtor shall have the right to retain some of his assets and set up a payment scheme to pay off his debts. The bankruptcy shall be terminated only when all of the debts are paid by the debtor. Bankruptcy filed under Chapter 13 ensures the issuance of a stay order which shall have the effect of immediately stopping all collection activities against the debtor while payment arrangements are being developed. The debtor has the option of retaining some of his assets such as his home while the bankruptcy proceeding is on going. The debtor may also choose to surrender his home to the mortgage company which must apply for the deferment of the stay order so that the latter may commence the foreclosure proceedings for the purpose of taking possession of the property. If the stay order is not lifted, the mortgage company cannot immediately take possession and control of the property and has to wait until the termination of the bankruptcy.The application for the lifting of the stay order may be commenced by the mortgage company or lender within 60 days from the day it was notified of the filing of the bankruptcy. Upon the filing of the bankruptcy proceedings and the issuance of the stay order, the court will notify all creditors within 30 days from the date of filing. If the stay order is lifted, there is no guarantee that the debtor can remain in possession of the property. The time that he could retain possession over the property is limited to the duration of the foreclosure proceedings. Usually, a foreclosure proceeding takes 12 months within which period the debtor must surrender the property to the mortgage company. The debtor will not be given any notice during the entire duration of the foreclosure proceeding. The most that he will be given is a notice to vacate the property after the termination of the foreclosure. In order to protect himself, the debtor must be prepared to surrender the property to the mortgage company and to set up an evacuation plan if in case a notice to vacate is served upon him. The debtor must know that upon the commencement of the foreclosure proceeding, there is a great possibility that he will be evicted from his home. "
Can you still use a VA mortgage loan if you have filed a bankruptcy and foreclosed one in the past?,"VA mortgage loans are technically not loans but are merely guarantees on a loan agreement. It is the US Department on Veteran Affairs who approves the application for the guarantee of people who served the country by way of military service. If the applicant qualifies, the VA then provides a guarantee to the lender on behalf of the borrower. This guarantee is very helpful to the applicants since the lender will be entering into a contract of mortgage or loan with security ensuring the return of his capital. VA mortgage loans are also helpful to applicants with bad debts  because it is the government itself that guarantees the payment of the loan. This leads to efficient and easy approval of their loan applications. People who filed bankruptcy can still avail of VA loans depending on the kind of bankruptcy filed. If the bankruptcy was filed under Chapter 7, the applicant shall have to wait for at least 2 years before he can apply for a VA mortgage loan. Bankruptcy under Chapter 7 allows the defendant to liquidate his assets and discharge his debts. The two year period herein stated shall commence after the termination of the bankruptcy and not on the date of filing. The applicant shall also be required to explain the reason for filing a bankruptcy case. On the other hand, if the bankruptcy was filed under Chapter 13, the applicant will have to wait for at least one year before he can qualify to apply for a VA mortgage loan. Under the provisions on Chapter 13, the defendant therein shall be allowed to set up a repayment plan with his creditors and will eventually lead to a discharge of his debts after the termination of the repayment schedule. In order for the applicant to validly set up a VA mortgage loan, he must first seek permission from the bankruptcy trustee in his case. The possibility of setting up another VA mortgage loan after the filing of a bankruptcy case is not that easy. There are other conditions imposed by law for applicants to qualify for the loan. This includes the guarantee that there would be no late payment of the loan. To determine this, the payment history of the applicant will be scrutinized. If there are late payments on the record, the applicant will have to religiously comply with his payment schedule. By doing this, it will be shown that the applicant is interested in rebuilding his credit after the termination of his bankruptcy case. "
How To Request Voluntary Deportation,"Deportation or exclusion proceedings have the purpose of allowing an illegal immigrant to be reinstated to his country of origin by way of a judicial process. This process also affords the illegal immigrant the option to choose voluntary deportation process. The option may be exercised after the termination of the deportation proceedings. Under the law, an immigration judge may grant the defendant 60 days to 6 months of time to avail of voluntary deportation. This is usually granted after the termination of the deportation proceeding. The long period allowed by law for voluntary deportation was intended to convince the defendant, who has a weak case for asylum or was given an order of suspension, for them to withdraw their applications and voluntarily return to their country of origin. In order to be granted with said period, the defendant must first waive his right to appeal. After the grant of the 6 months period and if the defendant opted to voluntarily remove himself from the country, the latter will then be granted with a 119 day period wherein he must leave the country voluntarily. Reliefs can also be afforded to the defendant such as adjustment of status, cancellation of removal, asylum, waivers from removal or other various combinations of the aforementioned reliefs. There are cases wherein the defendant is not allowed by law to avail of said reliefs or although he may be eligible to avail of the same, the circumstances of the case prevents him from doing so. After the proceedings, the immigration judge will then issue a removal order. The period of 6 months for the removal will then accrue. If the defendant failed to depart from the country within such period, the order of removal shall stand. The effect of failure to abide to the order shall make the defendant ineligible to avail of adjustment remedies as may be provided by law.  In addition, the defendant will be prevented from returning to the country within a ten year period. If the defendant complied with the order of removal, he will still suffer the consequence of the bar to return to the country within a ten year period. This is because, the latter is an accessory penalty which attaches to the order of removal. This will apply even if the defendant opted to voluntarily remove himself from the country. The ten year period may be lifted by way of proving to the immigration court that the defendant has complied with certain conditions as may be prescribed by law. "
What Are Truck Air Horn Laws?,"Noise Pollution has been a general problem of society. From the irritable noise of the raging traffic to that caused by industrial facilities. Thus, laws were passed in order to minimize or regulate noise pollution. An example of this is the Truck Air Horn Law. A truck air horn is usually installed on a variety of vehicles which include semi-trailer trucks, trains, and fire trucks. A truck air horn is an instrument used in order to forewarn other vehicles and people on the road that a truck is approaching. A truck air horn is likewise used in order to shoo wildlife from the highway. The sound that these devices produce is very loud that it can be used to give warnings even from afar.  The sound that these truck air horns produce reaches about 80 to 90 decibels. In some research, it was proven that a 90 decibel sound can cause deafness. However, it was also proven that a 90-decibel noise can only cause said injury if the person is constantly exposed to the sound. Thus, laws were enacted to abate this noise in order to avoid causing injuries to the public. Truck Air Horn Laws are not only applicable to truck air horns. The law equally applies to sirens installed in vehicles. Truck Air Horn Laws have been implemented in most states in the country. Most of these statutes were passed in the ’50s until the late ’70s. The main purpose of the law is to ensure that truck air horns are not used for any other purpose except to give a warning. Most of the Truck Air Horn Laws contain the same wordings since they have only been adopted by each state and incorporated as state law. Particularly, these laws: Prohibit the use of truck air horns on the highway The act of blowing a car horn excessively or for purposes other than to give a warning is considered as an act of “honking”. “Honking” is penalized by way of the issuance of a ticket and the imposition of a fine. In several states, the fine imposed by state laws ranges from $75 to $1000. In some states, “honking” somebody else’s truck air horn is punishable. What is MOTOR TRUCK CARGO POLICY-OWNERS FORM? Truck air horn manufacturers and distributors were made aware of these laws. Thus, they give ample warning to purchasers of the product. These warnings include the penalties prescribed by law if truck air horns are used recklessly on the highway. "
1099-A or 1099-C for Mortgage Debt Discharged in Chapter 7 Bankruptcy?,"If you have to surrender your home in a Chapter 7 Bankruptcy, the mortgage lender will provide you with a 1099-C. When you file a Chapter 7, the tradeoff is that the mortgage debt is completely dischargeable but you cannot keep your home. Another tradeoff is that when the mortgage debt is forgiven, the IRS views the forgiven amount as income. So, homeowners do not have to pay the remainder of the mortgage but the amount forgiven is taxable income. When a debt is forgiven, the IRS requires that the lender provide the borrower with a 1099-C form. The borrower is then required to file the 1099-C with the IRS. The 1099-C represents income from the cancellation of a debt. One way to explain the form is that a 1099 is used to report income earned from a job. Form 1099-C reports income made from the cancellation of a debt. When the loan is made, the borrower makes a promise to pay and the lender receives a secured interest in the property. At the time the loan is made, the money is not considered income because the borrower promises to pay the money back to the lender. When that promise to pay is discharged, the IRS views the forgiven amount as taxable income. You may be wondering how you will pay the taxes on this income if you have filed bankruptcy. You filed because you do not have enough money to pay your bills. Where are you supposed to get the money to pay the taxes on this income? The good news is that in 2007, The Mortgage Debt Relief Act of 2007 was passed. As a result of this Act, taxpayers can have up to $2 million of mortgage loans forgiven before being taxed. According to the IRS website, this Act will be in place through the end of 2013. It is important to realize that this Act only covers debt forgiven for a mortgage. If you have debt forgiven from another type of loan, you will receive a 1099-C for that loan and you will be responsible to pay the applicable taxes. If you do not understand your 1099-C or believe there is an error, start with contacting the lender. Other options are to contact the IRS or speak with your bankruptcy attorney.   Every expert says the same thing. A “charge off” is the same as a “write off” and is merely an accounting term used in financial processes. The term is used when a financial institution takes an account from a ledger and posts it to that financial company’s “unable to collect” ledger. The lien from the mortgage still exists on the property owner / debtor’s credit report. The monies owed at the time of the “charge off” are still owed. The financial company is simply waiting to decide its next move. It is simply not going to continue trying to collect on a loan that the debtor is unwilling or unable to pay. The fallacy believed by too many debtors is that they no longer owe anything on this “charged off” mortgage. On the contrary, that mortgage company is just standing still, waiting low. The company knows the financial conditions of the debtor and the primary mortgage. The company does not want to foreclose because, as is likely, the primary will get all of the monies from the sale, leaving nothing for this company. So, again, they do not want to force foreclosure. If they get tired of holding this uncollectable debt, they may sell it off to a collection agency. At that point, this original financial institution no longer cares. By law, they have to remove their lien within sixty days or face being sued by the debtor. If in ignorance and mistaken belief the debtor files for bankruptcy, Chapter 7 will exempt secured loans, which is what mortgages are, from discharge. That means that the debtor will still owe the mortgaged amounts, no relief, unless the debtor abandons the property. State laws can add to Federal bankruptcy law, but cannot supersede it, and, as we all know, state laws differ from state to state. So, a good, knowledgeable lawyer is essential. Some people “reaffirm” a mortgage loan in Chapter 7. Usually, this has no bearing. Secured loans are exempt from discharge, as stated above. Experts and lawyers direct debtors in this situation into Chapter 13, where the court assigned trustee can negotiate and restructure the debt into something that is likely grudgingly acceptable by debtor and creditors alike. In Chapter 13, secured debt such as mortgage loans are subject to the negotiations to restructure the debt. Such negotiations will likely get the second mortgage lending company something more than what they would have gotten at a foreclosure, but maybe not as much as selling it to a collection agency. It does not matter to the debtor who is trusting to get a result that relieves the burden into something manageable. One activity that debtors seem to not try is to personally try to reach an agreeable settlement with this second mortgage company. Nothing ventured is nothing gained, as the saying goes. Experts agree to start somewhat low, say at 10 percent of what is owed. If, and when, an agreement is reached, get it in writing. You may want to have a lawyer review the agreement before you sign. Reaching an agreement leaves all bridges intact, in the (unlikely) event that you engage this same company later on. "
What Happens If You Get a DUI While Driving a Company Vehicle?,"Getting a DUI is stressful no matter the situation. Stress is compounded if the DUI is issued when driving a company car. Consequences of a conviction for DUI while driving a company vehicle vary by employer policy. Legally, consequences are different depending on if you have a CDL license or a personal driver's license. Another variable is the applicable state law. Legal DUI Penalties Regardless of what vehicle you are driving, you will suffer the penalties according to city or state law. You may lose your license for thirty days on a first conviction. Depending on your number of convictions, you may lose your license for six months, a year or forever. Jail sentences also increase with the number of convictions. Employer DUI Guidelines Regarding Personal Driver's License Employers have the right to determine the consequences for getting a DUI while driving one of their vehicles. Usually company policy regarding a DUI conviction is part of the employment agreement or employee handbook. Most employees must sign an acknowledgement stating they have received, read and agreed to abide by company guidelines.  An example of one employer's DUI standards suspends an employee's right to drive a company vehicle for ninety days on a first conviction. After a second DUI conviction the employee's right to drive a company vehicle is permanently suspended.  If driving is a major portion of the employee's responsibilities, the employer can find an alternative position or terminate the employee. If no position is available that does not require driving a company car, the employee will likely be terminated. DUI and CDL License A CDL is a commercial driver's license regulated by the U.S. Department of Transportation. Earning a CDL license requires completing an approved training program and passing a skills and knowledge test. A CDL license typically applies to drivers of commercial vehicles such as semis, tow trucks or buses.  If someone is convicted of a DUI with a CDL license, federal guidelines state the driver will lose his or her CDL license for a minimum of one year. A second conviction causes the driver to lose their CDL for the rest of their life.  Clearly, losing a CDL license impacts how a driver will earn a living for the rest of their lives. If they do not have a CDL license, legally, they cannot drive a commercial vehicle. "
How Does a Person Declare Bankruptcy Overseas?,"People that live and work overseas but still owe money in the U.S. can file for bankruptcy.  How to File Bankruptcy From Overseas Bankruptcy can be filed in the U.S. Bankruptcy District where you lived for most of the last 180 days. Clearly this is impossible if you have been living overseas. If you have a home, business, car, or bank account in the United States, this may be sufficient to file bankruptcy in the district where the assets are located. Once the location of where to file bankruptcy has been settled, the bankruptcy procedure is the same as it is for U.S. Residents. Even this can be problematic for those living overseas because debtors are legally required to personally attend the bankruptcy hearing. Debtors must be present to answer any questions the creditors or bankruptcy trustee may have.  Coming back to the U.S. will be expensive. Consider transportation costs from abroad to the United States. Will you have to pay for lodging while in the United States?  Filing bankruptcy can cost up to $2,000. You have to pay attorney fees and court costs. You have to decide if the transportation costs and bankruptcy fees are worth filing bankruptcy. Would your money be better spent paying the debts? Why File Bankruptcy from Abroad? Individuals who live abroad may have an overwhelming amount of debt back in the United States. If these individuals have assets or property in the United States, they may want to protect it from creditors by filing bankruptcy. Each bankruptcy chapter has its own requirements. Debtors must meet the legal requirements to qualify to file bankruptcy.  Even if a person lives abroad, creditors can still file judgments against them for unpaid debt. Judgments allow creditors to seize bank accounts, place liens on homes or land, or seize other personal property. Judgments are a legal action filed in court.
These judgments will not go away. Creditors will continue to work to take your property. If you are not present in court to fight the judgment or negotiate a settlement, it is at that point that you run the risk of losing some of your assets to the creditors. Filing bankruptcy prevents creditors from seizing certain assets.  A bankruptcy attorney can explain collections, judgments, asset protection, and bankruptcy law to you. Together you and your attorney can discover the best course of action for your situation. "
Can a Consent Judgment be Wiped Out in Bankruptcy?,"Definition of a Consent Judgment A consent judgment is issued when two parties agree to a settlement to end a lawsuit. The parties write up an agreement for the judge to sign. Consent judgments considered here are those between a debtor and creditor. Creditors can agree to settle for less than the full amount they are owed. The debtor makes arrangements to pay on the settled amount. Once this consent judgment is signed by all parties and approved by the judge, any court proceedings are brought to an end. Consent Judgments that Cannot be Discharged in Bankruptcy Certain types of judgments will not be discharged in a Chapter 7 bankruptcy. A Chapter 7 bankruptcy is when all of a debtor's financial obligations are forgiven. Examples of debts that cannot be forgiven include: •	Student loans •	Child support or alimony •	Government debts such as taxes, court fees, restitution •	Homeowners association or condo fees accumulated after filing Chapter 7 •	Payments for injury or death caused by a DUI charge. Creditor Options Regarding Consent Judgments and Bankruptcy If a creditor does not believe their debt is dischargeable, the creditor can file an objection. Making an objection involves filing an adversary charge in bankruptcy court. A judge may agree that certain debts are not dischargeable. Examples of non-dischargeable debt include payments on: •	Money, services, or goods obtained by fraud •	Injury caused by a criminal offense such as assault •	Fraud committed by a trustee or guardian. Laws Governing Release of a Consent Judgment Bankruptcy laws vary by state. These bankruptcy laws dictate whether a consent judgment can be eliminated through bankruptcy. Federal bankruptcy law trumps state law if the two bodies of law disagree.  If you are considering filing bankruptcy to avoid debt including a consent judgment, it is advisable to consult an attorney. Bankruptcy attorneys know all of the applicable bankruptcy laws. They will represent you at the hearing to release you from all the debt that is legally possible.  In order for the bankruptcy attorney to represent you to the best of his or her ability, you must be honest with the attorney regarding assets and debts. Provide as much documentation as possible so that the attorney is prepared at your bankruptcy hearing. "
Can I Start DUI Classes Before My Court Date?,"Before discussing whether driving under the influence (DUI) classes can be taken before the court date, it is helpful to understand what leads up to DUI classes. Those arrested for driving under the influence (DUI) can expect to face a court date, fines, court costs, jail time, random DUI testing, alcohol treatment counseling, or DUI school. Consequences vary depending on local and state laws. Another factor affecting consequences is the total number of DUI offenses a person has. DUI classes are prescribed to reduce the possibility that a person will drive under the influence again. Another goal is to allow participants the chance to confront issues in their life caused by alcohol abuse. Topics that may be covered in DUI class include: • How to recognize alcohol abuse patterns • Consequences of drunk driving • Learning how alcohol affects the body and mind • Confronting whether a participant is afflicted with alcohol abuse • Health risks of alcohol abuse • Risk factors for abuse and how they personally affect each class member • Understanding risks of relapse and how to prevent relapse • How to manage stress or emotion • Learning communication skills in relationships How To Look Up My Court Date Online Whether those arrested on DUI charges can take DUI classes before the court date depends on the applicable laws. Some states allow drivers to start classes before the court and look favorably on drivers who are proactive. Other states order DUI classes at the time of conviction and then issue documentation that drivers must take to class. Check with your state’s DMV or your attorney to see what your options are. Since the length of the DUI course varies depending on the number of offenses, it makes sense to wait until you are convicted. Waiting until sentencing will ensure that you take the proper course to fulfill the conditions of your sentence. Some DUI courses are not sanctioned by the court. Before you spend money on a course that does not fulfill the court’s requirements, it is better to wait until conviction. The court will then provide you with a list of approved DUI classes. "
What Courses to Take to Become a Lawyer,"Undergraduate Degree Law schools do not require a specific undergraduate degree to be admitted to law school. Instead, law schools look for students with writing, debate, speaking, and English skills. Undergraduate classes that build these skills will help prepare prospective attorneys for law school and their future career.  Writing skills are needed for creating professional legal documents. Debate and speaking classes are beneficial to prepare attorneys to argue cases in court. English skills will assist attorneys in speaking and writing with proper grammar so the attorney's work will be taken seriously by others.  Another suggestion for undergraduate work is to major in a topic that builds the foundation for a particular field of law. If a future law school student wants to be an environmental attorney, choose a major in science, biology or chemistry. If native English speakers want to work with clients that speak a language other than English, it makes sense to major in the language of choice. Law School Curriculum Each law school will have its own required and elective classes. Law school usually takes three years. During the first year, students will take law classes that give them a solid understanding of the basics of law.  First year law students will learn about civil procedure, criminal law, legal research and legal writing. Civil procedure courses teach investigative skills and how to present a case in court. Criminal law prepares students to represent clients accused of breaking a local, state or federal crime. Legal research is necessary to discover the laws and cases that that apply to the case at hand. Legal writing courses teach students the legal lingo and proper formats of documents that must be filed with the court or served on witnesses.  Second year law students usually take Constitutional law, rules of evidence, and legal ethics. After taking those basic law courses, second and third year students can choose to specialize in a certain area of law or take general law classes. Students can specialize in civil litigation, estate planning, business, Constitutional, employment, environmental, real estate or tax law. For example, those who want to specialize in employment or business law will take courses on business organization, employee rights, and business insurance.  Prospective law school students can speak with an advisor who will guide students to the right courses to prepare them for a successful career in their field of choice. "
Does Filing Bankruptcy Release You From a Small Claims Judgment?,"A small claims judgment is when a creditor sues you in small claims court to force you to pay the debt. If the creditor wins, you are legally required to pay the debt or face garnishment of wages and bank accounts.  Small claims judgments are claims under a certain dollar amount. Each jurisdiction has its own standards regarding the ceiling on a small claim. Small claims could be for a variety of debts from medical bills to credit cards.  Chapter 7 Bankruptcy does release you from a small claims judgment. A Chapter 7 Bankruptcy shows that you do not have enough assets to pay your debts. In order to have the judgment discharged, be sure to list the judgment as one of your debts. Be careful when considering filing a Chapter 13 Bankruptcy. In a Chapter 13, you reduce your debts to one payment a month made to a U.S. Bankruptcy Trustee. You can work with the courts and the creditors to pay all or a portion of your debt over a three to five year period. If you choose to file a Chapter 13, the small claims judgment may be included in your repayment plan. Other items to consider before filing bankruptcy due to a judgment are the size of the judgment and the total amount of all your debt. It would be foolish to file bankruptcy on just one judgment if the dollar amount is relatively small and you have no other debt. It is foolish because bankruptcy and attorney fees can cost $1,000 to $2,000 dollars.  Based on this information, if the judgment is small, it would be best to just pay the judgment. You can attempt to work with the creditor to see if they will accept a payment plan rather than immediate payment in full. However, if you have multiple judgments that add up to a substantial amount of money, bankruptcy may be a good option for you. If you have one small judgment and a high amount of other debt, bankruptcy may help you get out of debt. Once you begin the paperwork for bankruptcy, all collection efforts against you must stop, even small claims judgments. If the U.S. Bankruptcy Court approves your bankruptcy, all of your debts are discharged. No creditor can attempt to collect from you on any debt included in the bankruptcy. "
What Would Happen if the US Treasury Goes Bankrupt?,"If the U.S. Treasury went bankrupt, America would experience the largest depression in the history of the country. First, let’s look at how we reached this point in our country’s history. Figures vary but it is estimated that the U.S. owes creditors at least $16 trillion dollars. One reason is that the U.S. government keeps asking creditors for more time to pay our debt. Doing so causes the debt to increase because additional interest charges accrue. In an effort to generate more money to pay our debt, the U.S. Treasury prints more money and bonds. All this does is weaken the value of our dollar and our treasury bonds.  American economist Thomas Sowell claims that today’s $100 is worth less than $20 in the 1960s. What this means is that our life savings are not worth as much as we thought and will not sustain us as long as we had planned. When the U.S. Treasury is no longer able to pay its debts on time, the government will increase taxes on American citizens in an effort to raise enough money to pay what it owes to creditors. If our taxes increase by fifty percent, we will have less money to keep a roof over our heads and food on our tables. Without sounding overly dramatic, desperate people do desperate things. People will be so angry when they run out of money that they will resort to stealing. Violence will increase. Since the government will be broken, it will not have enough law enforcement to control looting and violence. Simply said, the government will have no funds to provide people with food stamps, Medicare, Medicaid, or Social Security. This leads to the question of how people will survive. Unfortunately, there is no good answer to that question. Businesses will close resulting in increased unemployment. If people are unemployed and their savings are almost worthless, they will not be able to afford even the necessities of life. This brings us back to the fact that the government will be broke and will not be able to help its citizens. "
"If I Owe Money to a Company that is Going Bankrupt, Do I Still Have to Pay Them?","Yes, even if a company is going bankrupt, you still have to pay what you owe them. Why? Just because a company is going bankrupt does not mean your debt is eliminated. If you have purchased goods or services from a company, you still owe them for what you received from them. If it is a personal loan, credit card company, auto loan, or home loan, of course, you have to pay it back. You have already received the money, the car, or the home. Look at it like this: the company you owe money to also owes money to its creditors. When a company enters bankruptcy, a trustee is appointed to liquidate the company’s assets and use the proceeds to pay the creditors. The money you owe them is one of the company’s assets.    Does Your Name Go in the Local Paper when You Become Bankrupt? If you do not pay the debt, you will face collection efforts. Since the company is going through bankruptcy, it will generally use an outside collection agency or third-party collection agency. Once the money is collected, it goes to the trustee who then pays the company’s creditors. It is better to pay the money that you know you owe rather than face a lawsuit or other collection efforts. If the bankruptcy is a restructuring rather than liquidation, you may not even know the company is going through bankruptcy unless it is announced on the news. When a company goes through a debt restructuring bankruptcy, known as a Chapter 11 bankruptcy, the company keeps going about its regular tasks to earn money to pay their creditors. Yes, the company may have received all or partial forgiveness on some of its debts. At the same time, they need to stay in business to pay the money they owe. It is also true that some employees may lose their jobs in the restructuring. This may result in: However, if you purchased the product or service, you must pay for these items. If it is a monthly service such as a cable or telephone bill, yes, you do need to keep paying for the service as long as you continue to use it. Just to be safe, keep paying your bills as normal to a bankrupt company unless you receive other instructions. "
Can I File a Civil Suit Against Someone Who Filed Bankruptcy,"Whether you can file a civil lawsuit against someone who has filed bankruptcy is a complex question with more than one answer. Standard procedure is that per federal law, any collection efforts must cease when someone files bankruptcy. Trying to collect a debt after being notified the debtor is filing bankruptcy can actually result in criminal penalties under federal law.  Those who are considering filing bankruptcy must file a document called ""Suggestion of Bankruptcy"" with the bankruptcy court. Based on this information, you cannot file a civil lawsuit after you receive this notification that a debtor plans to file bankruptcy.  Filing this document gives debtors what is called an automatic stay from collection efforts. Even if you started the civil suit before the debtor filed the Suggestion of Bankruptcy, you must stop any further court proceedings regarding the suit. If a creditor can prove the debt was obtained by fraud or false pretenses, the debt is not dischargeable in bankruptcy court. Non dischargeable means the debt will not be forgiven. The debtor will still be responsible to pay. If you think your case meets these criteria you can file what is called an Adversary Proceeding in bankruptcy court. Other examples of debt that cannot be discharged include student loans and money owed to state or federal agencies. Examples of debts to agencies include federal fines, back ordered child support or alimony, and back taxes. Creditors may file a request for relief from the automatic stay so that the creditor can continue pursuing the case. This request is filed in the same district court where the civil suit began. It is up to the district court to approve or deny the creditor's request.  The best way to prove your claim is to file an Adversary Proceeding. Doing so states that your claim is valid, has priority over other claims, or is secured by real property. If creditors do nothing to assert their claim, the claim will be dismissed when the bankruptcy is approved. By not asserting a claim, you are telling the defendant and the bankruptcy court that you are waiving your right to pursue payment. It is advisable to consult with or retain an attorney when faced with a debtor who is filing bankruptcy. Doing so avoids violating any federal law that protects the debtor's rights. "
How Do You Determine if an Attorney is Legitimate and Has Passed the Bar?,"If you are in need of the services of an attorney, it is likely that you are facing a complex legal issue that you cannot handle without a legal expert. Understandably, it is important to determine if an attorney is legitimate and has passed the state bar exam. How much effort you expend into verifying this information is your decision. The easiest way to determine if an attorney has passed the bar exam is to contact the bar exam office in your state. Try doing an internet search with the name of your state and the phrase state bar association. For example, ""Vermont state bar association."" Some states will have a list of attorneys on the website. In other states, you may have to call or write the state bar association. If for some reason you are not able to verify an attorney's credentials through the state bar association, try calling the state Supreme Court Clerk. These clerks have a list of attorneys licensed to practice law in their state. Ask the state bar association or Supreme Court clerk whether the attorney has any complaints filed against them. Try to find out what the complaint was regarding, how the complaint was resolved, and what disciplinary action was taken against the attorney. You may want to think twice about hiring an attorney who has faced disciplinary action. One way to verify if your attorney is legitimate is to ask your attorney for a short list of cases he or she has argued. Check the results of the case with the clerk of courts. If the attorney was allowed to represent the case in court, it is an indication that the attorney is legitimate and in good standing.  Another way to determine whether an attorney is legitimate is to verify his or her education credentials. Ask the attorney what law school he or she attended. Then, call or write the school to verify the attorney did in fact graduate. You can take it a step further by asking if the law school is accredited by a well-known college or university accrediting agency. Ask the attorney for a list of clients who are willing to speak with you regarding their experience with the attorney. Consider asking whether the client was satisfied with the outcome of their case and their opinion of how the attorney handled their case. "
What is a Mortage Cram Down for Rental Properties?,"Simply stated, a mortgage cram down for rental properties will reduce the amount of your loan based on certain criteria. If you have a rental property that has depreciated in value, you may be eligible for a mortgage cram down. In order to be eligible for a cram down, you must file a Chapter 13 bankruptcy.  A chapter 13 bankruptcy allows you to make a repayment plan of most of your debts in the next three to five years. Repayment plans will not exceed five years. Filing a Chapter 13 bankruptcy also stays collection calls and efforts. You may be eligible for a mortgage cram down if the market value of your rental or investment property is less than the amount of your mortgage. For example, if your mortgage is for $500,000 but the property is only worth $300,000, you may qualify to have the principal of the loan reduced to $300,000. Please note that first mortgages on your primary residence are not eligible for the mortgage cram down.  In addition to having the principal on your mortgage loan reduced, the bankruptcy court may lower the interest rate. It is up to the bankruptcy court to set the interest rate. When the loan is reduced, the difference between the market value of the rental property and the amount of the loan principal becomes unsecured debt. When you have fulfilled your payment plan, the unsecured debt is discharged or forgiven. Only people who have enough income to make the monthly payments can qualify for the Chapter 13 mortgage cram down. If your Chapter 13 repayment plan is approved, you are assigned a trustee who will distribute your monthly payments to your creditors. An advantage of sending the money to the trustee is that you will have only one loan payment each month instead of making payments to multiple creditors. One important item to note is that people will not be eligible for the Chapter 13 bankruptcy mortgage cram down if they have had another bankruptcy case dismissed in the last six months. Another requirement is that debtors complete consumer credit counseling before filing a Chapter 13 bankruptcy. "
How to Get a Job in Criminal Justice Administration,"As the name suggests, careers in criminal justice administration prepare graduates to take on managerial functions in a criminal justice setting. Those in criminal justice administration can choose to work in corrections, rehabilitation, parole, probation, law enforcement, the court system, organized crime or white collar crime divisions, or private security. Criminal justice administration professionals combine their managerial skills with their knowledge of law enforcement to keep departments and agencies running efficiently and effectively. Another career option includes analyzing crime control theories and developing the best crime control or crime prevention plan for your department or geographical region. Administrators can work with court and justice systems to ensure the agencies are following due process, upholding constitutional rights, and following case law. Criminal Justice Administration Salary Salary for administrators in criminal justice ranges widely depending on where the administrator works. Administrators at the federal level earn anywhere from $30,000 to $90,000. State level administrators earn from $30,000 to $80,000 per year. Education Requirements A Bachelor of Science in criminal justice administration provides students with principles, practices, concepts, and theories of criminal justice along with management skills. Students will learn about the operations of a police department, court room, agency, and correctional facility. Graduates of a bachelor’s in criminal justice administration will learn management skills such as public relations, management, human resources, communication, leadership, human interaction, crisis strategies, organizational behavior, and writing skills. Students of the bachelor’s program will learn about how legal and civic matters work together. Examples of these ideas include neighborhood development and planning, urban politics, current social problems, interracial communications, minorities, criminology, psychology, and ethics. For those who want to take their education one step further, a Master of Science in criminal justice administration is available. In order to advance in the FBI, Drug Enforcement Agency (DEA), U.S. Marshals, or Immigration and Naturalization Services (INS), a master’s degree is essential. Most master’s degree programs in criminal justice take three years to complete. In order to be considered for an entry level position in criminal justice administration, candidates often need to have at least five years’ experience in criminal justice, good job performance reviews, and a bachelor’s degree. [qs_listing areaofinterest=”CRIMINAL-JUSTICE-ADMINISTRATION”] "
How to Get a Job in Crime Scene Investigation,"A crime scene investigator career is not for the faint of heart. Investigators are called to crime scenes such as homicides, sexual assault cases, burglary, armed robbery, and home invasions. Even in gruesome, violent crime scenes, investigators have to remain calm and professional. Crime does not happen on an 8-5 Monday through Friday schedule. Crime scene investigators must be prepared to work any time of the day or night, often working more than 40 hours a week. Once crime scene investigators reach a crime scene, one of their first responsibilities is to observe the crime scene to determine what evidence needs to be collected and preserved. Some investigators take their own photographs of the crime scene, victims, and potential evidence. Some investigators may work with a photographer who takes on the responsibility of visually documenting the crime scene. Crime scene investigators make drawings of the crime scene and make notes on what they see. Perhaps the most important part of a crime scene investigator’s responsibilities include collecting any evidence such as fibers, weapons, fingerprints, drugs, bodily fluids, or anything else that may help solve the case. Evidence must be properly collected, documented, transported to the crime lab, and studied at the lab. Once the evidence has been studied, the investigator prepares a report of his or her findings to give to the detectives working the case. Occasionally an investigator will need to testify in court regarding the evidence at the crime scene. Crime Scene Investigator Salary According to the Bureau of Labor and Statistics, the median salary for crime scene investigators was just over $50,000 in May of 2010. The lowest wages were in the $30,000 range while the highest wages were around $82,000. Salary will vary depending on education, experience, and the agency level where employed. For example, those working with the FBI may earn more than investigators at the local level. Job Requirements for a Crime Scene Investigator Crime Scene Investigators with a bachelor’s degree will have more opportunities for their career than someone without a degree. Majors in criminal justice, forensics, biology, chemistry, or crime scene investigation are beneficial. Investigators must pass a background check, polygraph exam, a physical, and a psychological evaluation as part of the hiring process. Once hired, new investigators work with experienced investigators until they are ready to work alone. [qs_listing areaofinterest=”CRIME-SCENE-INVESTIGATION”] "
How to Get a Job in Criminal Justice,"Anyone interested in learning more about the law and law related careers will benefit from a Bachelor’s Degree in Criminal Justice. Possible Careers with a Degree in Criminal Justice Earning a Criminal Justice degree educates students in a wide range of legal topics. Criminal Justice majors learn about the criminal justice system, legal procedures, criminal investigation, law enforcement, the court system, and corrections. A Criminal Justice degree opens up a broad range of career opportunities for graduates. Possible careers in law enforcement include police officer or detective, probation officer, or correctional officer. One example of a career in corrections is a prison warden or guard. For those who want a covert position, consider a career as a secret service officer, FBI agent, or private detective. Other career possibilities include border patrol officer, customs agent, or immigration guard. If graduates enjoy working in a legal office or court room, available careers include paralegal, law clerk, court clerk, or court transcriptionist. For those interested in understanding criminal behavior, consider becoming a criminologist. Employees in this field learn about what causes criminal behavior and how to control or prevent such behavior. How Much Can One Expect to Earn in Criminal Justice? With such a wide variety of available career opportunities, salaries differ depending on a graduate’s career of choice. Private detectives or private investigators can expect to earn over $40,000 per year.
Court clerks earn close to $50,000 annually. Paralegals earn approximately $45,000 per year. A police officer can make over $50,000 annually. Prison wardens earn close to $40,000 per year. Criminologists earn an average of $45,000 annually. Secret Service agents can earn as much as $75,000 per year. Customs agents can make up to $45,000 annually. Job Requirements Since a criminal justice degree opens up the way to numerous careers, job requirements do vary. In order to have hope of advancement and the opportunity for a higher salary, consider earning a bachelor’s degree. Some criminal justice careers require extensive training. For example, new federal correction officers need to attend 200 hours of training during their first year of employment. Paralegals have voluntary certifications they can earn. Certifications usually involve extensive study in preparation for a comprehensive exam. Those interested in criminology will benefit from psychology and sociology classes to understand the criminal mind and criminal behavior. [qs_listing areaofinterest=”CRIMINAL-JUSTICE”] "
Who Was Henry Campbell Black?,"This dictionary's namesake was a consummate turn-of-the-20th-century professional who left a permanent mark on the American legal landscape. Born in 1860, Henry Campbell Black grew up in New York State's Hudson Valley region and developed an interest in the law at a young age. In fact, he was something of a prodigy: He published the first edition of Black's Law Dictionary before his 31st birthday. Today, this book is recognized as a top legal resource and serves as a basis of study for many thousands of aspiring legal professionals. Ironically, Henry Campbell Black wasn't a particularly noteworthy lawyer. Although he received formal legal training and began to practice law after graduating from a now-defunct law school in Pennsylvania, he grew frustrated with the demands of the profession and left his post after just five years. After leaving his unsatisfying job as a lawyer, Black quickly holed up in his parents' house and began compiling a comprehensive list of legal terms. Although it's unclear whether he intended this compilation to become an iconic tome, the scope of his ambition was clear from the start. Known as ""Campbell"" to his friends and relatives, Black was a confirmed homebody. Unlike most of his legally-inclined peers, he chose to live in his family home for the majority of his adult life. In fact, he lived with his mother until she passed away in 1911. It seems likely that his strict Presbyterian upbringing imbued Black with a strong sense of discipline and familial obligation. This might also explain his decision to remain single until after his 50th birthday. Black did eventually marry a much-younger single woman who had boarded with his mother for some years. By this time, he was living in Washington, D.C. and had become immersed in his work as a legal scholar. In addition to his work as the editor of Black's Law Dictionary, he published over 1,000 scholarly articles that touched upon arcane legal matters as well as timely political issues. In recognition of his achievements, he received an honorary law degree from his undergraduate alma mater in 1917.   Of course, Black kept returning to the legal dictionary that he had created. During his lifetime, he issued several revised editions of the tome. With each successive publication, he personally oversaw the addition of thousands of new definitions and concepts. By the time he passed on in 1927, he had earned recognition as one of the most powerful legal thinkers of his generation. "
Is It Illegal for a Prospective Employer to Verify Your Current Salary?,"If you're like most job-seekers, you've probably talked to dozens of human resources professionals and e-mailed hundreds of copies of your resume to prospective employers. It's highly likely that you've received at least a few responses from these employers' hiring departments.  However, this might be cold comfort. After all, there's a good chance that you provided misleading or downright untrue information on your application or cover letter. While this is a dubious practice, it's not uncommon: According to recent surveys, more than half of all American job applicants admit to embellishing key aspects of their employment history or qualifications. Many applicants ""pad"" their resumes with nonexistent or exaggerated internships. Others inflate past salary or bonus figures. If you've provided misleading, exaggerated or unsubstantiated compensation-related information to a prospective employer, you might be wondering whether your dishonesty will be discovered. In the United States, employers are not prohibited from double-checking job applicants' quoted salary figures. If you provide a public or private employer with information about the compensation that you've received in the past, you should expect its hiring department to contact your previous employers and confirm that you're telling the truth. Before deciding to proceed with a new hire, most selective employers will take this step. However, your previous employers might not provide any information to your prospective employer. Unless they've been issued a subpoena, U.S.-based employers are under no legal obligation to disclose any information about current or former employees. In fact, most employers specifically forbid their human resources departments from discussing such matters. In most cases, these departments will simply confirm your dates of employment and refuse to give out any additional data. It's important to note that the consequences for providing misleading or untrue information on a job application can be serious. Although you probably won't face criminal charges for lying to a private employer, you might be held criminally liable for making egregious misrepresentations to a government agency.  However, it's more likely that you'll simply be terminated for your transgression. Depending upon the structure of your employment contract, it's also possible that you'll have to pay back certain wages or benefits that you received during the course of your employment stint. In light of these consequences, it would be unwise for you to make material misrepresentations on any job application. Whether you're putting in an application at McDonald's or looking for work at a high-powered law firm, your dishonesty is likely to haunt you. "
Can You Go Back to College If You Owe on Your Student Loan?,"If you’re like most folks, you chose to finance your education with a combination of out-of-pocket outlays and federally-backed student loans. Depending upon your institution’s tuition costs, you may have accumulated a sizable load of student loans. In fact, your burden could be interfering with your post-graduation lifestyle. If your mounting interest and principal payments are making it difficult for you to afford basic necessities like food and fuel, you might be thinking about defaulting on your loans. Unfortunately, this could have dire consequences for your credit profile. Worse, you might not be able to discharge your student loans with a standard bankruptcy filing. Unless you can convince a bankruptcy judge that you’ll be permanently unable to repay your loans, you’ll be subject to wage and tax-refund garnishments at the behest of your lenders. Depending upon the size of your debt burden, these could continue indefinitely.  If your student loans are in default, you won’t be able to go back to school right away. First, you’ll need to make the requisite back payments on each loan and work out a repayment plan with your lender. Once your loans are back in good standing, you’ll be free to return to school. You might even be able to obtain new federally-backed student loans to cover your tuition costs. If you still owe money on your student loans but haven’t yet defaulted, you may return to school at any time. However, you’ll need to avoid over-leveraging yourself. If you take out too many student loans at once, you may expose yourself to higher interest rates. In certain circumstances, your loan applications might even be denied. For starters, you’ll need to take stock of your current student debt load. If your debts are still fairly extensive, you might not qualify for additional federally-backed student loans. You also won’t qualify for any loans issued through the federal Stafford program. Instead, you’ll have to secure financing through the Parent PLUS program. If your parents aren’t willing to shoulder an additional financial burden, you’ll have no choice but to procure your loans on the private market. Private student loans come with several key drawbacks. Most importantly, they’re not guaranteed by the federal government. If you default on a private student loan, your lender may go to great lengths to recover its principal. Additionally, private student loans tend to carry: In fact, some private student loans begin to accumulate interest immediately. "
Can I File a Claim Against My Neighbor’s Homeowner’s Insurance Company?,"There are several instances in which it might make sense to file a claim against your neighbor's homeowner's insurance company. If your home was damaged by a structural component of his or her house, you might have reason to suspect that his or her negligence caused the problem. If a tree limb or other natural feature that originated on his or her property caused structural damage to your home or outbuildings, you might believe in the merits of such a claim as well. Likewise, you might expect your neighbor's homeowner's insurance provider to pay for the damage that the roots of one of his or her trees caused to your plumbing or sewer system. Unfortunately, you're legally prohibited from filing a claim against your neighbor's homeowner's insurance company. Regardless of the apparent merits of your case, such a claim simply isn't permitted in any legal jurisdiction. If you have your own homeowner's insurance coverage, you'll need to file a claim with your provider. If you don't have homeowner's insurance, it's unlikely that you'll be able to recover any money from your neighbor's homeowner's insurance provider. However, it might be worthwhile for you to attempt to make such a recovery. You'll have just one realistic option for doing so. This will involve filing a formal lawsuit against your neighbor. If you suspect that he or she doesn't have the resources to pay for the damage to your home, you'll need to file a suit against his or her homeowner's insurance provider as well. In either case, the provider will ultimately pay for the damages: If your neighbor is found to be liable, his or her provider will reimburse him for the full amount of your award. As such, you shouldn't feel bad about filing the suit. Once you file your lawsuit, you'll need to prove that the damage to your home or property was the direct result of your neighbor's negligence. This is liable to be difficult: Unless you can convince your neighbor to testify in frank terms about his or her supposed negligence, you probably won't be able to build a convincing case. Since your lawsuit won't be a criminal matter, you won't be able to subpoena any maintenance records. In fact, your only option may be to present the testimony of a third-party appraiser or damage expert. Unfortunately, your neighbor's homeowner's insurance company will be free to refute such testimony with the opinions of its own appraisers. "
Can a Parent Have His or Her Married Daughter on His or Her Health/Auto Insurance Plan?,"If you enjoy solid health insurance coverage through your employer or group health plan, you might be wondering whether your married daughter is eligible for inclusion on your policy. After all, you were able to include your child on your policy before her 18th birthday. Following the passage of the Affordable Care Act, you might suspect that she's eligible for inclusion on your policy after her 18th birthday as well. Before you spend an afternoon on the phone with the Health and Human Services Administration, take a moment to consider your options. Depending upon your daughter's age and employment status, you might be able to add her to your health insurance policy without throwing your household's budget into disarray. Under the terms of the Affordable Care Act, a child is entitled to remain attached to his or her parents' health insurance policy until his or her 26th birthday. Prior to 2009, many health insurance companies refused to extend such ""parental coverage"" to non-dependent adult children. The Affordable Care Act has made such refusals illegal. While a parent or child can voluntarily decline joint parental coverage, all of the insurance companies that do business in the United States are required to honor qualifying joint coverage requests. In other words, your married daughter can remain on your health insurance policy until her 26th birthday. This has no effect on her marital status or tax-filing protocols: She may remain legally married during the effective coverage period and is entitled to file a joint tax return with her spouse. However, this rule does come with certain restrictions. For instance, your daughter can't include her spouse or children on your health insurance policy. If they wish to procure health insurance, they must do so by other means. Unfortunately, this restriction may dissuade your daughter from accepting your offer of health insurance coverage. If she's the primary breadwinner in her household, it's likely that she'd be able to obtain health insurance through her employer. If her spouse lacks a full-time job, your daughter's employer-sponsored health insurance plan might represent the family's only realistic coverage option. As such, your daughter might opt to decline your offer of coverage and sign up for her own group health insurance plan.  On the other hand, your daughter can remain on your auto insurance policy indefinitely. As long as she lives in your household, you'll be able to cover her vehicle on your personal ""family plan."" Once she moves out, she'll have to obtain her own coverage with her spouse. "
"What Happens to a Person Who Passes Away with No Life Insurance, Money or Family That Can Help?","Sadly, it's not uncommon for people to die without a ""safety net"" to offset their final expenses. Since funerals can cost anywhere from $3,000 to $20,000, this is not a trifling matter. Unfortunately, many people don't prepare to die suddenly or can't afford to make arrangements for such an eventuality. With the cost of life insurance rising at nearly double the rate of inflation, this problem may get worse with the passage of time. If you know someone who's near death and can't afford to cover the cost of his or her final expenses, you may be able to assist him or her in a few different ways. Although it seems insensitive, it might make sense to compile a list of ""affordable"" post-death options. For instance, cremation is typically more affordable than a full burial. Likewise, conduct some research on the funeral homes in your area to get a sense of the potential cost of your loved one's memorial service. These two steps might save several thousand dollars. Next, contact the funeral homes that you've selected to determine whether their pricing schemes are negotiable. In many cases, you'll be able to work out a payment plan that can spread the cost of your loved one's funeral over a period of five to 10 years. If the funeral directors in your area seem reticent to do this, you may wish to contact the church at which you're planning on holding the funeral. In many cases, this institution will be able to pay off the funeral director and shoulder most of the additional expenses. In return, it may expect some type of bequest or ongoing gift. Alternatively, certain charities in your area may be able to help shoulder the costs associated with your loved one's burial. Most religious charities offer such support for members of specific denominations. Interdenominational charities like the Salvation Army might be able to provide some support as well. It's entirely possible that you'll have to contact an array of charities and secure funding from multiple sources. While the nonprofit sector provides the most realistic option for covering the funeral costs of someone who dies without life insurance, savings or financially-comfortable family members, the government might be able to help as well. If you can't secure funding for your loved one's funeral by other means, contact the Social Security Administration. If your loved one drew Social Security benefits before his or her death, this agency might be willing to provide some limited financial assistance. "
Is My Money in Fidelity Investments Mutual Funds Fairly Safe?,"If you’re like most retirement investors, you’ve chosen to put a significant amount of your long-term savings into mutual funds, bonds, and stocks. These three investment classes generally provide long-term investors with the best possible risk-reward balance. Over many years, these vehicles tend to appreciate at several times the rate of inflation and experience relatively minor bouts of volatility. As such, they’re judged to be “safe” relative to more exotic investment vehicles like: However, all investments carry some risk. If you’ve invested in a basket of mutual funds from Fidelity Investments, you should be prepared to experience temporary losses and periods of gut-wrenching volatility. If you anticipate needing the money that you’ve placed in these funds within the next several years, you may wish to cut back on your exposure and place your hard-earned money in more stable investments. Although they won’t offer the same rates of return as your mutual funds, CDs and Treasury bonds are virtually guaranteed to retain their value and make regular interest payouts. As a rule, investors who plan on retiring within the next five years should keep the bulk of their savings in such low-risk vehicles.  If you’re younger, Fidelity Investments is a great place to put your money. Over the past several years, the company’s mutual funds have clearly outperformed the funds issued by well-respected firms like Vanguard and Morningstar. In addition, Fidelity is known for its fair cost structure and straightforward management strategy. Unlike “fancier” mutual funds issuers like Franklin Templeton and the Hartford, Fidelity makes clear distinctions between its fund classes and rarely mixes asset types within specific funds. If you want to invest solely in large-cap stocks that pay steady dividends, there might be several Fidelity funds that fit your criteria. By contrast, some other firms’ funds might force you to hold positions in riskier technology stocks or commodity-based outfits as well. In short, your money is fairly safe in a Fidelity Investments mutual fund. Although the recent financial crisis shook the confidence of millions of retirement investors and caused many to swear off the stock market on a permanent basis, it actually treated Fidelity customers fairly well. Aside from a year-long period during which most Fidelity funds declined by an average of 20 to 30 percent, the crisis had a manageable impact on the company’s bottom line. In fact, it actually gained customers in the wake of the turmoil. "
Can I Get My Canceled Auto Insurance Policy Reinstated at the Same Rates as Before the Cancellation?,"Auto insurance policies can be cancelled for several reasons. If you've been convicted of a serious vehicular crime like drunk driving or reckless driving, it's possible that you've been ""dropped"" from coverage by your insurance carrier. Although insurance companies are required to provide coverage for high-risk drivers, they aren't technically prohibited from dropping such drivers from coverage.  Once a high-risk driver has been dropped from coverage, he or she becomes part of his or her state's ""insurance risk pool."" Each insurance company that does business in a given state is required to cover some of the drivers in its risk pool. Once a high-risk driver has obtained the proper post-conviction documentation, he or she will be able to secure insurance coverage from one of these companies. If you've been dropped from your insurance policy as a result of an impaired-driving conviction, you won't be able to reinstate your policy at its pre-cancellation rates. In fact, you should expect to pay a ""risk premium"" of at least 50 percent of the former cost of your policy. It's more common for insurance companies to drop policyholders who can no longer afford their policies. Under these circumstances, providers are under no legal obligation to reinstate the delinquent policies. If you've been dropped from your policy due to an inability to pay, you may be able to reinstate it at its pre-cancellation rates. However, your ability to do so will depend upon several factors.  First, your insurance carrier may require you to cover the delinquent balance on your account. Since this will probably amount to at least two monthly premium payments, you'll need to write a check for several hundred dollars to your carrier. Once you send in your payment, it may take several days for your coverage to resume. You'll receive an e-mail or letter that confirms that your account is in good standing. Secondly, your insurance carrier might refuse to reinstate your policy under certain circumstances. If your coverage has been dormant for more than three or four months, your provider could charge a ""non-payment premium"" on top of your delinquent balance. If you can't pay this special premium, you might not be able to receive coverage at your previous rates. Finally, your insurance carrier will run a fresh driving-history check before agreeing to reinstate your coverage. If you've been involved in an accident or received a traffic citation since your policy's cancellation, you'll be forced to pay higher rates after its reinstatement. "
"As a Sole Proprietor, Can I Write Off My Student Loan Payments?","If you’re a sole proprietor, you probably write off hundreds or even thousands of dollars in business-related expenses each year. As a business owner, you’re eligible for many tax breaks that regular taxpayers can’t claim. When times are tough, these breaks can provide a much-need boost to your income and allow you to make essential investments in your business. Many small business owners swear by these deductions and lobby the IRS to make enhancements to them at regular intervals. Unfortunately, there are limits to the business-related expenses that sole proprietors may claim. Although you’re likely to be permitted to deduct the cost of self-help books, business seminars and continuing-education classes, the IRS won’t allow you to deduct the principal payments that you make on your college-era student loans. If you financed your undergraduate education with federally-backed or privately-sourced student loans, you’ll need to eat the cost of your principal repayments. However, you may be able to claim the interest that you pay on your old student loans. In fact, this privilege is not reserved for sole proprietors. Virtually anyone who meets certain income requirements is eligible to write off the interest that they pay on their outstanding student loans. For many borrowers, this adds up to a significant tax deduction. If your student loans carry an effective annual interest rate of 6 percent and a remaining principal balance of $30,000, they’ll accrue interest at the rate of $1,800 per year. Depending upon your average income tax rate, a write-off of this size could reduce your total tax liability by as much as $1,000. Although your status as a sole proprietor doesn’t entitle you to write off the principal payments that you make on your student loans, it does permit you to write off plenty of other business-related expenses. If you work from home, you may be entitled to an even greater array of write-offs. Many sole proprietors are eligible to deduct all of the expenses related to the maintenance of their home offices. Even if you work in a number of locations or maintain a physical office in a remote location, you might still be able to claim these expenses. Start by measuring your home office’s dimensions and calculating its square footage. Next, divide this figure by your home’s total square footage. Using the resultant fraction, calculate the office’s “share” of your mortgage expenses, heating costs, Internet fees and other related expenses. Under current tax laws, you can deduct these “shares” from your total taxable income. "
Will Homeowner’s Insurance Pay to Remove a Hazardous Tree?,"Unless you live in an arid environment, your home region is likely to be home to a range of native tree species. If you own a single-family home that features a yard or fenced-in area, chances are good that you have at least one such tree on your property. Even if it's not a particularly tall or wide, you might be worried about its potential to cause significant damage to the structure of your home during a violent windstorm, snowstorm or other weather event. In fact, you might be thinking about forestalling this eventuality by trimming or removing it entirely.  Unfortunately, tree removal can quickly become ruinously expensive. Most homeowner's insurance companies advise their policyholders against attempting to cut down or trim large trees without the help of a professional tree removal service. If you need to take down an old tree that features a massive crown and twisted root structure, you might need to lay out as much as $5,000 to ensure that the job is done properly.  To make matters worse, your homeowner's insurance company won't pay to remove a hazardous tree from your property. Under the terms of most homeowner's insurance policies, homeowners are required to perform any maintenance work that's necessary to prevent significant damage to their homes. This provision is often sweeping. In fact, homeowner's insurance companies interpret it to cover routine maintenance tasks like storm-proofing windows as well as more complicated jobs like removing potentially dangerous trees.  It can also have serious real-world consequences. If your homeowner's insurance company can prove that you failed to perform certain types of maintenance work, it may try to associate this failure with certain subsequent damages to your home. If it can do so successfully, it may refuse to pay out on claims related to these damages. As such, it's important that you keep your home and property in excellent repair. Although this could be expensive in the short term, it's liable to pay off in the event that you file a claim. After all, repairing a potential problem is usually far cheaper than paying for the catastrophic damage that it's likely to cause. If one of the trees on your property falls on your house, your homeowner's insurance company will try to prove that the tree was dead or dying. If it can do so, it will accuse you of failing to take the necessary steps to remove the tree and use this ""fact"" as justification for denying your claim. In order to prevent this outcome, you'll need to pay for the removal of the tree out of your own pocket. "
What Is the Cheapest Auto Insurance Rate for an 18-Year-Old Male?,"As an 18-year-old driver, you're probably frustrated by the expensive auto insurance quotes that you've been receiving. While the exact cost of your auto insurance policy will depend upon a wide range of factors, you'll be unlikely to find coverage for less than $100 per month. As an 18-year-old male, you present a significant statistical risk. Even if you opt for a policy that offers poor coverage and an extremely high deductible, you should expect to pay at least $1,200 per year for your plan. As long as you avoid racking up traffic citations, your rates should begin to drop after your 20th birthday. In fact, you could be paying as little as $50 per month by your 25th birthday. Realistically, your auto insurance coverage might cost even more than $100 per month. If you select a policy that offers robust coverages, you may need to pay as much as $350 per month. Although such a policy will provide ample protection in the event that you're involved in a serious accident, it might prove to be out of your financial reach. As an 18-year-old male, you might save a great deal of money by attaching yourself to your parents' insurance policy. If you wish to purchase your own vehicle, you'll need to make sure that one of your parents retains its title. Once this is done, you'll be able to obtain affordable insurance coverage on it using your parents' existing ""umbrella policy."" Although you'll need to be listed as one of the vehicle's ""occasional drivers,"" this shouldn't affect the cost of the policy to a tremendous degree. However, your parents will be held liable for any damage that you cause to the vehicle. If you're involved in an accident, your parents' insurance company will almost certainly raise their rates by 25 percent or more. If you don't find this arrangement to be palatable, you may be able to reduce your insurance costs by other means. If you haven't yet purchased a vehicle, consider buying a used vehicle with a security system, solid safety record and low resale value. These three attributes may significantly reduce your vehicle's annual insurance costs. If you've already purchased a vehicle, you may wish to install a security system. Depending upon the region in which you live, this could reduce your annual insurance costs by 10 percent or more. Finally, ask each of your prospective insurance providers about the ""good student"" and ""safe driving"" discounts that they might offer. "
What Does California Law Say About Health Insurance After Divorce?,"If you're going through a messy divorce in California, you're probably wondering whether you'll be able to keep your health insurance coverage after its finalization. After all, health insurance is tremendously expensive. If you're unable to remain covered under your ex-spouse's employer-sponsored health insurance plan, you might need to source health insurance coverage on the open market. Depending upon your health profile and the needs of your children, this may cost a substantial amount of money. Before you search for a new health insurance plan, you'll want to check with a seasoned divorce lawyer or health insurance expert to make sure that you're not eligible to remain covered. In fact, there are certain circumstances under which you might be able to retain your ex-spouse's health insurance coverage. Under the applicable state and federal statutes, this ""continuation of coverage"" is liable to be temporary. However, many divorces result in an arrangement that requires the insured ex-spouse to issue regular cash payments to the uninsured ex-spouse in lieu of providing health insurance coverage indefinitely. Alternatively, the insured spouse may be compelled to set up and pay for a health insurance plan that covers the uninsured ex-spouse in perpetuity. If the uninsured ex-spouse remains the custodial parent after the divorce's finalization, this plan will almost certainly cover his or her children as well. In other words, California law makes it likely that you'll be able to retain health insurance coverage after your divorce. However, the process of establishing and paying for such coverage can be extremely tricky. For this reason, many Californian divorce lawyers advise their clients to initiate legal separation proceedings at least one year before beginning divorce proceedings. Once a legal separation order has been handed down, it's far easier for two partners to work out the continuation of health insurance benefits on equal footing. Once the separation is official, you'll need to determine whether you'll be eligible for federal COBRA coverage. COBRA permits certain qualifying ex-spouses to remain covered by their former partners' health insurance plans for up to 18 months from the date of their divorce. However, COBRA benefits are subject to numerous limitations. They may also be far more expensive than the benefits that they replace. If you're not sure whether opting for COBRA coverage is a good idea, you should talk to your divorce lawyer. It's possible that he or she may be able to work out a deal that requires your ex-spouse to pay for a portion of your COBRA benefits. "
"What Is My Tax Liability on a $250,000 Life Insurance Policy?","The U.S. Income Tax Code is complex and confusing. In most cases, the income that you earn is taxed according to your total annual earnings. In theory, the country’s tax laws are set up to favor workers with relatively low incomes over workers with relatively high incomes. Depending upon your annual earnings, your income will be taxed at one of several “marginal rates” each year. These rates can be changed by Congress and fluctuate on an occasional basis. Current tax rates for the top category of wage-earners are about 40 percent of total taxable income. For earners in the bottom bracket, this figure is about 10 percent. Certain types of “unearned income” are not considered taxable. When you receive unearned income, you must claim it as part of your gross income on your tax return. However, it won’t factor into the final calculation of your taxable income. In effect, the total amount of your unearned income will function as a deduction that may be applied to your gross income. Like a regular tax deduction, it will shrink the portion of your income that the federal government considers to be taxable. “Unearned income” may include unemployment benefits and court settlements. In most cases, life insurance proceeds also fall into this category of income. You generally don’t need to claim the income that you receive from a life insurance policy on which you’re named as a beneficiary. There is a notable exception to this general rule. A portion of the benefits that you receive through an employer-sponsored life insurance plan may be taxable under federal law. If you receive benefits from an employer-sponsored policy, you’ll be able to claim at least $50,000 of these as unearned income. Beyond that amount, you’ll have to pay taxes on any benefits that you receive. For instance, you’ll need to pay taxes on 87.5 percent of the proceeds that you receive from an employer-sponsored plan that carries a death benefit of $500,000. Before you assume that your life insurance benefits are not taxable, consult with your tax attorney or a tax preparation specialist. You should also check with your state’s revenue service. In certain areas of the country, there may be state-level exceptions to the “unearned income” rule that governs life insurance proceeds. For instance, your earnings may be subject to your state’s estate or inheritance taxes. The rates on these types of taxes can be quite high. If you’re like most life insurance policyholders, you’re committed to ensuring that your family remains comfortable and solvent after your death. Whether your life insurance policy is structured as a temporary “term” plan or a permanent “whole” plan, chances are good that you’ve purchased enough coverage to support your family for many years to come. Unfortunately, your premium payments might be acting as a drag on your short-term budget. Depending upon the size of your policy, your life insurance payments could add up to several hundred dollars per month. In order to reduce this burden, you might be thinking about claiming these payments as a tax deduction or business write-off. According to the IRS, private taxpayers and business owners are not permitted to claim their life insurance premiums as a tax deduction. This is due to the fact that life insurance benefits generally aren’t subject to regular taxation. Since the vast majority of life insurance beneficiaries aren’t required to pay taxes on the benefits that they receive, it would be redundant for the IRS to provide policyholders with a tax break. In effect, life insurance policies function like Roth IRA plans: Whereas their premium contributions can’t be subtracted from the policyholder’s taxable income, their benefits accrue on a tax-free basis. There are certain situations in which life insurance benefits may be taxable. For instance, a business that purchases an individual’s life insurance policy for investment purposes might be required to pay taxes on its eventual proceeds. In this special circumstance, the business’s principal might be able to claim the policy’s ongoing premiums as a business expense. If the policy results in a payout, its proceeds would remain taxable at regular capital gains rates. If the policy expires without issuing a payout, the principal might be required to pay back the entire taxable value of the deducted premiums. This is a rare, complicated tax situation. If you find yourself grappling with such a scenario, you should talk to a licensed tax professional to determine your exact tax liability. For private taxpayers, the benefits that accrue on unusually large employer-sponsored group term life insurance plans may also be taxable. If you hold such a policy, you may have to pay taxes on some of the contributions that you make on it. Likewise, the policy’s beneficiary will have to pay taxes on any death benefits that exceed the IRS’s $50,000 payout limit. If your policy pays out a benefit of $150,000, your beneficiary will have a tax liability of $100,000. "
Can You Get Braces Free If You Have Health Insurance?,"Depending upon the type and quality of your plan, your health insurance policy may cover part or all of the cost of certain medically-necessary procedures and devices. For instance, you might be able to avoid paying $50,000 or more for cardiovascular surgery, tumor removal, gastric bypass surgery, hernia repairs and other invasive medical procedures. Instead, you might only be required to pay the value of your policy's deductible and certain non-core expenses related to the primary procedure. If you're unsure about the specific provisions of your health insurance policy, you should take the time to read through it or contact your provider directly. A customer service representative should be able to walk you through the ins and outs of your plan. Although your health insurance policy is liable to cover the costs associated with many ""medically necessary"" procedures, it may not offer solid coverage for non-essential procedures. If you wish to undergo a cosmetic surgical procedure like liposuction, hair implantation or breast enhancement, you'll have to pay most or all of the associated costs out of your own pocket. Before agreeing to honor claims, most health insurance companies require their policyholders to provide clear evidence that the desired procedure is absolutely essential. A qualified medical doctor or specialist must certify that this is the case. Unfortunately, most orthodontic procedures are deemed to be cosmetic in nature. If you want to get braces or straighteners and can't prove their necessity, there's a good chance that your health insurance provider will refuse to cover the associated costs. Since such implants typically cost between $3,000 and $10,000, this might put you in a tight financial spot. If you don't want to pay for the full cost of your braces or straighteners out of your own pocket, you may have a couple of options at your disposal. For starters, you could visit multiple orthodontists or medical doctors in an attempt to prove that your desired orthodontic procedure is medically necessary. Depending upon the condition of your mouth and facial bones, this might be a tall order. Alternatively, you could add comprehensive dental coverage to your health insurance plan. While this will raise the overall cost of your policy in the short term, it might save you a significant amount of money in the long run. Most dental insurance plans pay for 30 to 70 percent of the cost of orthodontic work. This could reduce your out-of-pocket costs by $3,000 or more. "
Why Is Geico Auto Insurance So Cheap?,"Geico Insurance operates in a ""gray zone"" between full-service auto insurance providers like State Farm and cut-rate providers like The General. The company touts its reputation for providing low-cost auto insurance policies that offer solid coverages. More importantly, it emphasizes that it has the ability to handle complex claims and provide favorable outcomes during disputes over the assignation of faults and payouts. In other words, Geico's advertising campaign is predicated on its ability to offer its policyholders a happy medium between service and value.  Upon closer inspection, this arrangement appears to be flawed. While it's true that Geico is often the cheapest national provider, its policies' actual premiums may hinge on a wide range of factors. It's important to remember that there's a distinct difference between quoted auto insurance premiums and ongoing or post-renewal auto insurance premiums. In many cases, insurance companies attract new customers by offering shockingly low rates for the first year of coverage. Once these new policies come up for renewal, they're often reissued at far higher rates.  If you've experienced such an unexplained premium increase as a Geico customer, you may have been caught off-guard. In most cases, Geico's pricing department can point to specific causes for such increases. These might include minor accidents, speeding tickets, or ""new information"" that wasn't caught on a pre-approval background check. While this can be frustrating, the company reserves the right to raise its premiums at any time. Since the auto insurance industry is wildly competitive, its policyholders are free to find other sources of coverage.  However, most national auto insurance providers follow Geico's basic template. It's not uncommon for providers to raise their policyholders' rates by 30 to 60 percent at the first indication of risky behavior. Even if you choose to leave Geico after a bad pricing experience, you're liable to run into the same problem with your next provider. This is simply the way in which the American auto insurance industry operates. In fact, you might be better off in Geico's fold. Geico tends to offer many discounts that full-service providers have eschewed. For instance, the company's ""safe driver"" discount is nearly as robust as State Farm's much-touted bonus. Even better, its ""good student"" discount is deeper and longer-lasting than most other such discounts. What's more, the company enjoys high customer-satisfaction metrics and operates a well-staffed claims department that's recognized for providing attentive service. By contrast, many discount providers are reticent to pay out on their policyholders' claims. "
"If Someone Is Driving Your Car and Gets a Ticket, Does It Affect Your Insurance Rates?","What’s the harm in helping out a friend, right? When a family member or friend asks you to borrow $5, a book, or a shirt, you probably toss it at them without blinking an eye. But when they ask some variation of: “My car’s in the shop, can I take yours?” or “Can I borrow your truck to pick up that new piece of furniture?” you may not feel so willing. First off, it’s expensive and can be a hassle to be without your vehicle, but one of the most important aspects that many of us don’t consider is insurance. If you take a look back at your car insurance policy, it likely states that you are not to lend out your vehicle to anyone unless they are listed on the policy as a secondary driver. So, if someone is driving your car and gets a ticket, does it affect your insurance rates? Below, we’ll outline what typically happens to your insurance rates in the event of a speeding or parking ticket, as well as a car accident when you are not the one driving your vehicle. While checking with your insurance provider is the best way to find out when it’s okay to allow someone to borrow your car, there are some general rules to follow when it comes to the permissive use of a vehicle. It is typically okay to lend your car out to the same person occasionally, meaning no more than once a month. If you find yourself allowing your child to drive your vehicle to school each day, or your roommate to drive your car to work frequently, it’s a good idea to simply get them added to your policy. However, if a friend or family member is in fact listed on your policy, they typically are allowed to drive your car whenever you allow them to. And of course, if you lend your vehicle to someone, be sure you trust them and they have their own car insurance and a valid driver’s license in case they are pulled over or are in an accident, which we will discuss more in detail.   Before you let anyone drive your vehicle, you should take a moment to review your state’s insurance regulations. If the temporary driver receives a moving violation (typically, a speeding ticket) while driving your vehicle, it’s unlikely that your insurance costs will be affected. Each state motor vehicle bureau keeps a comprehensive database of every driver to whom it issues a license. When a given driver receives a traffic citation, this information is transferred to his or her driving record. In turn, these records are accessed using the information on his or her driver’s license. In other words, there’s no direct connection between: If your vehicle’s temporary driver receives a moving violation, it will add “points” to his or her license. It may also cause the premiums on his or her own insurance policy to rise. However, it won’t materially affect your insurance rates. On the other hand, if the person driving your vehicle receives a parking ticket, it may be a different story. When a parking ticket is recorded, the license plate number is taken down, but the person who parked the car is not part of the equation until they walk out and realize that they have received a ticket. Since the officer who handed out the citation does not know who was driving the vehicle, it is ultimately your responsibility to pay for the ticket. However, there is a way to work around this. If the person that received the parking ticket is willing, you two can sign something called a statutory declaration. This is basically a legal document stating you were not responsible for the ticket, but the person who borrowed the vehicle is. If you have questions about how to proceed with a statutory declaration, contact your insurance provider. Now that you know what happens in the event of a speeding or parking ticket, you may be wondering about car accidents. Depending on your insurance policy, you may be held liable for an accident caused by your vehicle’s temporary driver. When you sign up for an auto insurance policy, you’ll need to provide a list of any additional drivers who might use your vehicle on a regular or occasional basis. If you permit a non-approved driver to use your vehicle, your insurance company may refuse to honor your accident claim. For more information about auto insurance, here’s a look at what happens to your insurance after you get a speeding ticket. "
How Long Do You Have to Use Capital Gains from a Property Sale to Invest in Another Property Before Paying Tax?,"Although you may not realize it, your home is one of the largest investments that you’ll ever own. Whether it’s worth $100,000 or $500,000, its value exceeds that of all but the most expensive cars. Even if you have an investment portfolio with a value larger than that of your home, it’s probably comprised of dozens of individual tranches of stocks and bonds rather than one or two monolithic holdings. As an investment vehicle, your home is subject to the same taxes as your other investments. The proceeds that you’ll realize from selling your home are technically “capital gains.” Although the tax code changes frequently, you should assume that any capital gains that you earn upon finalizing the sale of your home are taxable according to a simple scale. “Long-term” capital gains are defined as gains realized on an investment held for more than one year. These are currently taxed at a 15 percent marginal rate. “Short-term” capital gains are defined as gains realized after a holding period of less than one year. These are currently taxed at the same rate as regular forms of income. In the coming years, it’s likely that tax rates on long-term capital gains will increase markedly. However, you might not be subject to any capital gains taxes on the sale of your home. According to the Taxpayer Relief Act of 1997, you’re exempt from paying taxes on real estate capital gains of $250,000 or less. If you file your taxes jointly with your spouse, you may be exempt from paying taxes on up to $500,000 of such capital gains income. It’s important to note that the laws governing taxes on home sales change regularly. In fact, a new law that became effective at the outset of the 2013 tax year may subject certain home-sellers to a Medicare surcharge meant to offset the cost of the Affordable Care Act. If you sold your home after January 1, 2013 and earned more than $250,000 on the sale, you’ll probably be subject to a surcharge of 3.8 percent on any capital gains that you earned in excess of the standard $250,000 exemption. You’ll need to check with your tax professional to determine how best to pay this surcharge. If you earned less than $50,000 in other income during the tax year in which you sold your home, you may not need to pay the full amount of this new Medicare tax. If you’re looking to invest in real estate, the market may support your ambitions. After years of free-falling home and land prices, the American housing market appears to be bottoming. As ambitious investors continue to mop up the nation’s foreclosure overhang, the number of distressed properties appears to be shrinking at a slow but steady clip. A reduced foreclosure glut will eventually provide strong price support and may contribute to a resurgence in the value of residential property. Although the commercial property market still looks weak, it may soon follow the harder-hit residential market into recovery. Investing in land or physical homes may be a great way to take advantage of this accelerating secular trend. Then again, real estate investments aren’t risk-free. Before you dive into the treacherous waters of real estate investing, you’ll want to understand the tax implications of your endeavor. Unlike your primary and second residences, your surplus investment properties may be subject to certain federal and state tax levies. Chief among these additional levies will be capital gains taxes. When you sell your primary residence, you’re not required to pay capital gains taxes on the profit that you realize on the property. This long-standing rule is designed to encourage home ownership and facilitate the selling process. The gains that you realize on the sale of your “second” or vacation home are typically exempt from capital gains taxes as well. Under the current tax laws, any additional homes that you own are treated as investments. Even if you live in your third or fourth home for several months out of the year, it will still be subject to the laws that govern investments in stocks, bonds, commodities and other traditional vehicles. As such, you’ll need to pay capital gains taxes on its sale. If you sell your property for a loss, you may be able to deduct a certain amount of the loss from your top-line income figure. This deduction is typically capped at $3,000 per year. If your loss is larger than this amount, you may be able to “carry over” the deduction into future tax years. For instance, you might be able to claim a $9,000 capital loss on three consecutive tax returns. Finally, it’s important to note that you can deduct the value of any improvements that you make to the home from your profit figure. Depending upon the cost of these improvements, this could substantially reduce the amount of capital gains tax that you must pay on the sale of your investment property. "
How Far Back in Your Driving Record Do Insurance Companies Look to Determine Your Car Insurance Rate?,"Whether you’ve had the same insurance company for years or find yourself in the process of switching providers, you’re probably curious about the insurance industry’s pricing protocols. After all, the methodologies that insurance companies employ to calculate the appropriate cost of the policies that they issue can have real-world impacts. Unfortunately, it’s difficult to determine the exact means by which the cost of a given auto insurance policy is calculated. To avoid tipping off their competitors about pricing strategies or actuarial equations, most providers don’t openly discuss this information. If you call your carrier’s customer service department and start asking pricing-related questions, you’re liable to be given misleading, inaccurate or unhelpful answers. At best, you’ll be offered a “pricing reevaluation” that may not lower your rates to a significant degree. However, one aspect of auto insurance pricing is common knowledge: driving history. In fact, this factor is crucial in determining the annual cost of your policy. Aside from your demographic profile, no single factor is more important to this calculation. If you wish to get a good idea of how much you might be charged by a prospective insurance carrier, you should take a moment to review your recent driving history. Before providing you with a coverage quote, most insurance companies will take the last five years of your driving record into account. They’ll consider traffic citations, vehicular crimes and accident reports. In most cases, you’ll be “penalized” for accidents for which you were deemed to be at fault. You’ll also take a hit for speeding tickets, reckless-driving convictions and other moving violations. Serious vehicular crimes like impaired driving and vehicular manslaughter may raise the cost of your policy by 100 percent or more. Although most insurance companies follow a standard five-year “look-back” period, some providers may adhere to different policies. This is typically the result of variations in local insurance statutes. For instance, Massachusetts allows a “look-back” period of up to 10 years. On the other hand, several states are more lenient. For instance, Washington State and Virginia both require insurance companies to disregard driver-history data that’s older than 36 months. This rewards drivers who quickly change their driving habits for the better. It’s important to note that driver-history statutes are notoriously volatile and subject to change. In addition, they may soon become irrelevant. The increasing prevalence of maneuver-recording devices like Progressive’s SnapShot may enable insurance companies to establish “permanent” files on their policyholders. "
"If My Water Heater Leaked, Will My Homeowner’s Insurance Cover the Cost of the Damages?","As a homeowner, you’ve probably dealt with your homeowner’s insurance provider on several occasions. Even if you’ve never filed a claim, it’s likely that you’ve interacted with its customer service department or looked to a member of its management team for clarification on a pricing issue. Since many homeowner’s insurance companies raise their rates without warning, it’s possible that these interactions haven’t been particularly pleasant. Many providers’ customer service departments are notorious for providing misleading or unsatisfactory answers to billing-related questions. If your water heater leaks or ruptures and causes a serious spill in your house, you have every right to notify your homeowner’s insurance company. In fact, most home improvement experts advise homeowners to file water-related insurance claims before talking to a cleanup specialist or plumber. Depending upon the policies of your homeowner’s insurance provider, your failure to report such an incident before cleaning up the resultant mess could actually jeopardize your claim. To ensure that you aren’t forced to pay for your home’s repair costs out of your own pocket, call your provider’s claims hotline immediately after discovering the problem. Once you’ve notified your provider of the issue and filed a preliminary claim, you’ll need to find a reasonably-priced cleanup specialist. In a high-pressure situation, it may be difficult to compare quotes in a rational manner. After all, the leak could be getting worse with each passing minute. Unfortunately, you’ll need to resist the urge to: When the cleanup team finally arrives at your home, it’s important that they see the full extent of the problem.  It’s also important that you select an affordable, well-reviewed cleanup specialist. If you’re unable to do so, you might quickly come into conflict with your homeowner’s insurance company. After you file your claim and take care of the initial spill, a claims adjuster will visit your home and assess the damage. Based on this assessment, he or she will issue an estimate of the total value of the damage to your home. If you feel that this estimate is too low, you may need to get a second opinion from a qualified appraiser and retain a lawyer to help pursue your case. In the meantime, you’ll need to submit the cleanup team’s bill to your carrier’s claims department. Based on your claims adjuster’s appraisal, your carrier will determine whether this bill is too costly. If it is, this portion of your claim may be denied outright. "
Is There Health Insurance for Military Spouses Through the VA?,"If you're the spouse of an active-duty member of the military, chances are good that you're curious about your healthcare options. After all, many private employers are reducing the scope of their group health insurance plans or doing away with them entirely. According to some studies, the number of employers that offer group health insurance benefits will drop by more than 50 percent during the coming decade.  Unfortunately, this means that millions of American families will be forced to find coverage from other sources. Such coverage is liable to be expensive: Since 2000, health insurance costs have risen by at least 5 percent per year. It's likely that the single-coverage and private group health insurance plans that populate the open health insurance market will continue to become more expensive with each passing year. It's also likely that many of these plans will become less robust and levy higher out-of-pocket charges on their policyholders. Fortunately, millions of active-duty members of the Armed Forces don't have to worry about this problem. Through a comprehensive health insurance program known as TRICare, military members and their spouses enjoy solid healthcare coverage with minimal out-of-pocket costs. In most cases, active-duty military members' dependent children can receive coverage under TRICare as well. Once a service member leaves active duty, he or she is still entitled to healthcare under the auspices of the Office of Veterans' Affairs. Known as the ""VA,"" this agency is responsible for administering the hospitals and clinics that have been built specifically for the needs of military veterans. At any given time, hundreds of thousands of former members of the military receive treatment at VA facilities. Additionally, thousands of wounded active-duty service members receive care through the VA system. Due to recent budget cuts and logistical constraints, the benefits that the VA provides have been circumscribed. In the past, most veterans received gold-plated healthcare coverage that required no out-of-pocket commitments. These days, veterans must meet certain key thresholds to be eligible for such care. Although the rules are subject to change, veterans who have not served in active combat zones often aren't able to receive ""free"" care through the VA. While the spouses of former members of the military are entitled to receive health insurance coverage through the VA system, these plans confer few special privileges. If you enroll in one of these plans as a military spouse, you'll need to shoulder market-rate premiums, co-pays and coinsurance costs. "
"If My Spouse Filed Our Taxes Jointly Without My Knowledge, What Can I Do?","Like many aspects of a long marriage, tax issues can cause serious disagreements. In some cases, they can even lead to divorce. If you believe that the tax-related problems that you’re having with your spouse are part of the deeper-seated issue that may ultimately threaten your marriage, you may wish to speak with a marriage counselor or therapist. While it’s important that you recover any refund to which you’re entitled, it’s equally important that you assess the condition of your marriage. By leaving such problems untreated, you may be inviting an even bigger dust-up in the near future. Generally speaking, an individual may not file a joint tax return without the consent of his or her marital partner. Although this problem occurs relatively infrequently, it technically constitutes a crime. Since filing joint taxes entitles a couple to a larger tax return, the IRS will automatically deem your non-consensual joint tax return to be fraudulent. If your spouse intentionally filed such a return, he or she may be subject to substantial financial penalties. Depending upon the circumstances of the situation, he or she could even face jail time.  Happily-married couples rarely file non-consensual joint tax returns. As such, this situation usually arises in the course of a messy divorce. If this is the case, you may be able to seek recourse through the family court that’s handling your divorce. After all, your spouse will have to commit at least two crimes in order to obtain the joint refund to which you’re both entitled.  He or she will need to file a fraudulent joint tax return He or she will need to forge your signature on the refund check in order to cash or deposit it Since it will be easy to prove to your family court’s judgment that these crimes were committed, you’ll probably be able to recover your portion of the refund without much trouble. Your spouse’s actions might also affect his or her material standing in the divorce case. Although it would be mean-spirited to do so, you’d have every right to report your spouse’s actions to the IRS. You can do this by calling the IRS and directly reporting the fraudulent return. However, there’s no guarantee that the agency will take action on your complaint. Alternatively, you can file your own separate tax return and force the IRS to audit your finances. Once an agent has reviewed your tax documents, it will be obvious that your spouse committed fraud. "
How Much Does Driver’s Ed Lower Insurance?,"If you're like most American drivers, you're desperate to find a way to lower your car insurance costs. Although the problem of auto insurance inflation isn't as serious as the issue of health insurance inflation, it's a real concern that many drivers would like to see addressed in the near future. With many drivers seeing premium spikes of 50 percent or more after receiving just one or two tickets over the course of a five-year period, it's clear that something sustainable needs to be done. Of course, it's highly unlikely that such action will take place in the near future. In the meantime, drivers must resort to reducing their insurance costs with gimmicky discounts and safe driving practices. These days, most auto insurance companies offer a dizzying array of credits for a wide range of activities and achievements. For instance, family-focused auto insurance companies may offer discounts to married couples or stellar students. Value-oriented providers might focus on drivers who consistently avoid accidents and traffic citations. Still other providers might offer to slash premiums for drivers who consent to carry maneuver-monitoring devices in their vehicles' cabins. There are plenty of lesser-known insurance discounts as well. In fact, one of the industry's best-kept secrets is the so-called ""driver's ed discount."" While this discount isn't standardized across all providers and jurisdictions, it could end up saving you a substantial amount on your monthly premiums. Before you assume that you'll be able to claim this discount, you should make sure that your provider offers it. You may also need to check with your state's motor vehicle bureau to find a qualifying driver's education program. The exact value of your driver's education discount will depend upon the policies of your insurance carrier. As a rule, low-cost insurance providers issue driver's education discounts on the order of 5 to 10 percent. By contrast, full-service providers may offer credits of up to 20 percent for qualifying driver's education programs. It's also important to note that the timing of your driver's education course is crucial. In general, insurance companies offer deeper driver's education discounts to younger drivers who haven't had the time to form bad habits behind the wheel. If you've been driving for a long time, your discount may be negligible. If this is the case, you should ask your provider about its ""defensive driving"" discount. These days, many insurance companies reward adult drivers who enroll in approved defensive driving classes. "
What Happens When You Can’t Pay a Rent-to-Own Place?,"Rent-to-own businesses benefit millions of Americans who struggle with poor credit or limited income streams. In general, the industry prides itself on helping folks make steady payments on items that they otherwise wouldn't be able to afford. Used judiciously, this system can substantially raise the actual and perceived living standards of its participants and foster a healthy culture of ownership. Of course, the industry has a number of downsides as well. For starters, many rent-to-own businesses deal with sub-prime borrowers on a regular basis. The industry's best practices demand that rent-to-own business owners ask these borrowers to pay relatively high rates of interest on the products that they rent. It follows that this can substantially increase the typical rent-to-own product's cost of ownership and negatively impact the finances of habitual customers. Over time, this arrangement can have lasting effects on these customers' credit histories and debt-to-income ratios. Combined with other factors like working-hour cuts and job losses, it may push teetering rent-to-own customers into default. If you've become unable to pay your rent-to-own creditor, you have several options at your disposal. First, it's important to note that you're not necessarily at risk for legal action. While withholding payment from a rent-to-own business without returning the pertinent items technically constitutes theft, most businesses adopt a hands-off approach to filing criminal charges against delinquent borrowers. Unless you move the items to an undisclosed location or fail to communicate the circumstances of your delinquency to your creditor, you won't face criminal charges for your failure to pay.  In fact, most rent-to-own delinquencies are resolved through repossession. As long as you keep the pertinent items in your home, your creditor is likely to repossess them at some point after the start of your delinquency period. The exact length of time that elapses between the expiration of your grace period and the initiation of the repossession process may depend upon the policies of your specific creditor and the circumstances of your delinquency.  If your delinquency occurs near the start of your rent-to-own period, your items are likely to be repossessed within three weeks of your last payment. If your delinquency occurs just before your final payoff, you might have much more room to negotiate with your creditor. In the past, delinquent rent-to-own customers with a history of making timely payments on their loans have generally worked out refinancing plans with their creditors. If you're able to do this, you may be able to keep your rented items. "
Is It Required to Give Your Social Security Number to a Car Insurance Company?,"Whether you're in the market for a new car insurance provider or want to negotiate lower rates with your current carrier, you're probably getting frustrated by the back-and-forth nature of the process. If you're looking for new insurance, you must submit the same pieces of information to multiple car insurance companies and wait for them to provide you with a rate quote. If you're in the process of negotiating new rates on your current policy, you've probably spent a significant amount of time on the phone with your provider's customer-care department. In either case, you're liable to be exhausted. To make matters worse, you've probably revealed a great deal of personal information to the companies with which you've been dealing. In addition to your accident history and certain key pieces of demographic information, you've almost certainly provided each of these parties with your Social Security number. Unfortunately, this is a necessary part of the process of procuring car insurance. You might be surprised to learn that there's no law against withholding your Social Security number from businesses that request it. In fact, Social Security numbers are used as de facto identification numbers simply because they have national significance. It's relatively difficult and time-consuming for your insurance company to scan 50 different state databases to find your driver's license number. By contrast, there's only one national database for Social Security numbers. If you refuse to provide your auto insurance company with your Social Security number, you may be asked to give certain other forms of information in its stead. This is because your Social Security number is used to initiate a check of your credit history and criminal record. Although these reports can also be initiated using your address history and driver's license information, these less-reliable bits of data can promote processing delays and errors.  It's important to note that your refusal to provide your Social Security number could have unforeseen consequences. For starters, your insurance company may interpret your reticence as proof that you wish to hide an incriminating activity or event that took place in the past. It might also mean that you wish to hide a previous identity or alias. In either case, this might cause your rates to increase by a substantial margin. What's more, your insurance company might report your refusal to one of the national credit bureaus. In turn, this might have a direct impact on your credit score. "
"If Someone Gets Hurt on My Property in New York, Can They Sue My Homeowner’s Insurance?","Homeowner's insurance covers many different problems that can arise on your property or in your home. In fact, the flexibility of this type of insurance is one of its major selling points. Most homeowner's insurance policies cover the costs associated with events that can be deemed to have occurred ""suddenly"" or ""accidentally."" In practice, these include weather events, random occurrences like out-of-control cars crashing through windows, and injuries sustained by guests on your property.  Depending upon the type of policy that you carry, your homeowner's insurance company is liable to protect itself from expensive or dubious claims in several different ways. These might include loopholes that define certain activities as ""negligent"" as well as coverage exclusions that apply to specific events. For instance, few homeowner's insurance policies will pay out on claims related to water damage in the interior of a home. If your home is inundated with standing water due to a flood or water main break, your homeowner's insurance policy may refuse to cover your expenses. You'll need a flood insurance policy to cover such costs. Most homeowner's insurance policies contain provisions that may insulate you from liability in the event that a guest or intruder sustains an injury on your property. After all, slip-and-fall litigation is a lucrative sub-field within the broader domain of personal injury law. In the past, homeowners have been sued for five-figure sums by guests who sustained injuries in or around their homes. In the unfortunate event that a guest or worker is killed on your property, you could be held liable for hundreds of thousands of dollars in incident-related expenses, future-earnings losses and punitive damages. In either case, you could also face criminal charges. Fortunately, your homeowner's insurance policy may cover the costs associated with such a lawsuit. However, your provider won't be happy about taking on this burden. In fact, the claims adjuster who reviews your case is liable to ask you some tough questions about the incident. Your provider may even retain a legal team of its own to sort through the facts of the case. Depending upon the laws in your state, the case's plaintiff may choose to sue your provider directly. If this is the case, you could be dropped from coverage in the event of an unfavorable outcome. This outcome may hinge on the steps that you took to secure your property. If there is any indication that your guest's injury was caused by negligence, you may be held liable for it. "
Does Homeowner’s Insurance Cover the Cost of Car Damages That Occur in an Attached Garage?,"When you purchased your homeowner's insurance policy, you probably didn't think about how it would affect your auto insurance coverage. In fact, homeowner's insurance and auto insurance occasionally intersect in certain specific circumstances. If you store your car in an attached garage, it's possible that you'll develop firsthand experience with this unusual intersection. Although your garage is a relatively safe place, it can sustain structural or cosmetic damage in numerous ways. Likewise, the contents of your garage are at risk for a wide range of unpleasant events. For instance, the presence of volatile solvents, gasoline and car batteries could create a significant fire hazard.  If your garage catches on fire or sustains damage from a falling tree limb, it's likely that one of your insurance policies will cover the associated costs. The quality of this coverage and the manner in which it must be disbursed will depend upon the circumstances surrounding the incident as well as the specific provisions of your policies. If you have ""comprehensive"" insurance as part of your auto insurance policy, it will cover the costs of any damage that your car sustains in your attached garage. If you don't have this ""comprehensive"" coverage, it's unlikely that your auto insurer will agree to make any payments. Instead, your homeowner's insurance policy may step up to cover some of the associated costs. It's important to note that your homeowner's provider may prove reticent to cover the full cost of your car's damages. If your vehicle is totaled, it may offer a partial settlement that doesn't accurately reflect the vehicle's full value. After a particularly costly incident, you may need to take aggressive measures to ensure that you're fairly compensated. You might even need to hire a lawyer. However, most homeowner's insurance policies do explicitly cover the ""contents"" of the homes to which they're attached. In the past, this language has been interpreted to include the contents of a home's attached garage. Despite the fact that your car is covered by its own insurance policy, it counts as a home-bound item when garaged. Although the claims adjuster who reviews your case may try to tell you that your homeowner's insurance policy doesn't cover vehicle-related claims, you'll be able to refute this assertion by pointing to your policy's fine print. Again, you may need to retain a lawyer to back up your case. You'll also need to prove that the damage to your garage was accidental and non-negligent. "
"If My Student Loan Is in Default, Is There Any Way That I Can Get My Tax Refund This Year?","Every year, the credit scores of thousands of college graduates suffer at the hands of their defaulted student loans. Despite relatively low interest rates and numerous payment-protection safeguards, a significant proportion of each year's graduating class struggles with serious debt-related problems. The student loan crisis is even worse for non-graduating students. Those who drop out of college before completing a course of study tend to default on their obligations at far higher rates than the general student population. This problem has the potential to put a damper on economic growth and may ultimately hurt many student lenders' bottom lines. To make matters worse for struggling college dropouts and graduates, the process of recovering from a student loan default is not easy. Unlike other ""unsecured"" loans like credit cards and medical bills, student loans can't be discharged during the course of a standard bankruptcy reorganization process. Unfortunately, student loans are subject to strict repayment and refinancing terms. If you've defaulted on one of these loans and want to get your finances back on track, you'll have to adhere to these rules. You'll also have to perform a number of tasks to the satisfaction of your lender.  If you are unable or unwilling to do this, you could lose up to 25 percent of your wages and the full value of your tax refund to garnishment. With the blessing of a judge, your lender can continue to garnish your wages and tax refunds until your debts have been satisfied. Depending upon the size of your defaulted loan, this could take years. In order to prevent the seizure of your wages and tax returns, you'll need to contact your lender and draw up a repayment plan. Under normal circumstances, this plan will require you to make several on-time loan payments. If you've recently lost your job or taken on new financial responsibilities, this could be difficult. However, it represents your only realistic chance of avoiding garnishment. Although you can file for bankruptcy and declare yourself subject to an unavoidable ""economic hardship,"" this is difficult to do. Student loan debtors who file ""hardship"" claims must meet a strict burden of proof. Otherwise, they must adhere to the terms of their repayment plans. Once you've successfully made several payments on your defaulted loan, you'll be restored to ""good standing"" with your lender. This will lift the threat of garnishment for the time being. However, you'll need to continue to make on-time payments for the remainder of your loan's term. "
Does My Auto Insurance Cover Me in a Rental Car?,"Whether you're taking a vacation or using a loaner vehicle from your regular car's repair shop, you'll need to procure some form of car insurance for your rental car. Unfortunately, your auto insurance provider may not provide much direction on this matter. In general, American auto insurers provide surprisingly little rental-related guidance to their policyholders. For folks who regularly use rental cars, this can be downright frustrating. Before you go on a trip or agree to accept a rental car from an auto-repair shop, be sure to talk to your insurance company about your coverage options. If you regularly travel on business, it's likely that your employer will pick up the tab for your rental car. If this is the case, you'll need to procure vehicle insurance through your rental car company. Unless the company for which you work is particularly generous with its business travelers, it probably won't pay to insure your rental vehicle. Unfortunately, few personal auto insurance policies provide coverage for vehicles that their policyholders don't rent on their own.  As such, the fact that your employer is paying for your rental car may make it difficult for you to obtain full coverage on it. While you'll still be protected against injury-related lawsuits and property damage claims through your rental car company's own insurer, you'll be held personally liable for any damage that you cause to the vehicle. This loophole has caught many business travelers by surprise. In order to circumvent it, you'll need to purchase supplemental vehicle insurance from your rental car company. This could add a significant premium to the total cost of your rental. If you're traveling for pleasure or renting a car in another capacity, this consideration will be irrelevant. However, you may still need to purchase supplemental insurance from your rental car company. Although there's no hard-and-fast way to determine whether your auto insurance policy covers you in the event of a rental-car accident, you should still read your policy closely. It may explicitly state that it covers rented or ""non-owned"" cars. If this is the case, you should feel free to file an insurance claim for your rental car.  On the other hand, your policy might not say anything about ""non-owned"" vehicles. If this is the case, you should assume that your rented vehicles aren't covered by your policy. If you get into an accident while driving a rental car, you may need to pay for its repair costs out of your own pocket. "
Where Can I Get a Student Loan with Bad Credit?,"The process of procuring a student loan can be time-consuming and complicated. Before you can apply for one of these loans, you’ll need to fill out the Federal Application for Student Aid. Known as “FAFSA,” this document will help your educational institution determine the exact amount of financial aid for which you’re eligible. The means by which you’ll procure this aid will depend upon your school’s policies. In most cases, you’ll receive certain awards or tuition reductions directly from your school. After these have been applied to your account, you’ll be responsible for covering your outstanding tuition costs. Most students use a number of different sources of funding to accomplish this imperative. These include federal Stafford loans, Parent PLUS loans and private student loans. Each type of loan comes with its own unique conditions. These may include strict credit-score thresholds and parental income requirements. If you have poor credit, you won’t be unable to find affordable funding for your educational endeavors. However, you may find that you’re unable to take advantage of certain options that might be available to students with excellent credit. Your eligibility for a given type of loan will be considered on a case-by-case basis. For starters, your credit score will have little bearing on your ability to procure a Stafford loan. Since the Stafford program was specifically created to increase students’ borrowing power, participating lenders are barred from using credit during the loan-application process. In fact, such a consideration would be superfluous. Since the federal government effectively acts as the cosigner of every Stafford borrower, these loans come with no danger of default. As such, they carry extremely low interest rates that never fluctuate in response to credit-score changes. Of course, becoming delinquent on a Stafford loan may hurt your personal credit score. On the other hand, borrowers’ credit scores can affect the availability and cost of Parent PLUS loans and “unsecured” private student loans. What’s more, the cost of these types of loans can vary even in the absence of credit-score fluctuations. If you’re planning on using either of these types of loans, you’ll need to spend some time looking for attractive interest rates. In order to reduce the total cost of your Parent PLUS and private loans, you may wish to find a cosigner. Your parents can cosign for any private loan that you obtain. Since they’ll be the primary borrowers on your Parent PLUS loans, they may also need to find a third-party cosigner like a well-heeled relative. "
"When You Apply for Food Stamps, Do You Need to Account for Expenses Like Life Insurance and Phone Bills?","Welfare benefits like food stamps, housing assistance and supplemental income are generally calculated on the basis of income. In other words, your benefits application will need to include a detailed accounting of your monthly wages or salary. It will also need to demonstrate that you have limited ""resources"" like cash savings, investments and property.  In most cases, a life insurance policy doesn't count as an ""asset."" Likewise, the value of the car that you own probably won't be applied towards your resource limit. However, the value of your home may be counted as a separate resource. In most cases, applicants for food stamps can't have access to more than $1,000 in cash savings. Although asset-value limits for real estate holdings vary from state to state, applicants who own valuable homes probably won't qualify for these benefits. Since state welfare agencies conduct thorough means tests and subject applicants to a barrage of finance-related questions, it's unwise to attempt to misrepresent your assets, savings or income on your application. The penalties for doing so can be harsh and may include hefty fines. If you meet your state's limited-resource requirements, your ultimate eligibility for food stamps will probably be assessed on the basis of your income. In other words, your state's welfare agency won't take your ongoing expenses into account. Depending upon the size and flexibility of your budget, this may result in the denial of your application for benefits. If you have a heavy burden of household expenses despite a seemingly robust income, it's unlikely that you'll qualify for food stamps. Your state's welfare agency will probably distinguish between ""essential"" and ""non-essential"" expenses. While it's likely to consider the former when determining whether to approve your application, it's not likely to look at the latter at all. ""Essential"" expenses might include ongoing outlays that are required by social convention and physical necessity. Most welfare agencies deem rent payments, utility bills and transportation expenses to be ""essential"" living costs. By contrast, cable bills, car payments, entertainment costs and other ""frivolous"" expenses won't fall into this category. Your ""essential"" expenses may act to offset some of your income. Depending upon the policies of your state's welfare agency, these expenses may be subject to certain caps. For instance, you may not be permitted to claim a rent allowance that amounts to more than 30 percent of your monthly income. Likewise, your transportation costs may need to remain below a certain threshold. For more information, check with the appropriate authorities in your jurisdiction. "
How Much Tax Money Comes Out of Each Paycheck?,"The size of your tax refund is determined by a breathtaking number of factors. It’s important to remember that you’re not necessarily entitled to a tax refund. While most workers who earn hourly wages or salaries receive ample tax refunds once they’ve filed their taxes for the year, some receive virtually nothing. Some workers may even end up owing the IRS additional funds after accounting for additional earnings. The withholding process is the principal cause of this uncertainty. When you receive your paycheck for a given pay period, you’ll notice a sizable difference between your “gross earnings” and “net pay” for the period. Your gross earnings figure represents the raw dollar value of the hours that you worked whereas your net pay figure represents the amount left over after your employer’s withholding calculations. These withholding calculations are done for convenience. Rather than ask you to save the funds to pay your taxes in a lump-sum payment at the end of each tax year, the IRS permits your employer to withhold these funds on a gradual basis. This is a win-win situation: It reduces the amount of money that you’ll have to save over the course of the year and reduces the number of delinquent taxpayers with whom the IRS has to deal. The funds withheld from your paycheck satisfy several discrete forms of tax. Several of these are intended for the federal government’s use. These include federal income taxes, Medicare taxes and Social Security or FICA taxes. Other withholding streams may be earmarked for your state or local governments. Many states and even some municipalities levy their own separate income taxes. If you live in one state and work in another, you may need to pay taxes in both places. If you live in a city that does not charge income taxes but work in one that does, you’ll probably have to cover those costs as well. For budgeting purposes, you may wish to get a ballpark estimate of the size of your refund before you actually file your taxes. You can find a free online “tax calculator” on the landing page of your local nonprofit community-finance organization. Most for-profit tax services also offer these free tools. Try to calculate your estimated taxes a month or two before filing. If you owe additional funds to the IRS or your state’s revenue authority, this will give you time to begin saving. "
How Hard Is the Texas Life Insurance Exam?,"The life insurance business is booming. According to recently-released statistics, the aggregate value of the United States’s outstanding life insurance policies totals nearly $20 million and continues to rise with each passing year. As the country’s population ages, more and more middle-class consumers are discovering the value of term life insurance. This has led to tremendous recruiting drives at the nation’s major life insurers and contributed to the creation of tens of thousands of new jobs over the past decade. Although certain older, independently wealthy consumers don’t need life insurance, it’s doubtful that everyone who needs life insurance coverage currently has a policy. By some estimates, just half of the country’s families are protected by this type of safety net. In light of the central role that life insurance plays in the American financial industry, it should be no surprise that every state requires insurance agents to become licensed. The licensing exams that control the issuance of these credentials are drawn up and administered without any guidance from the federal government. As such, these tests can vary dramatically from jurisdiction to jurisdiction.  What Is the Measurement Used for THC on a Typical Life Insurance Medical Exam? Whereas some states’ life insurance exams are considered to be routine, other exams have first-time “pass rates” of less than 50 percent. Although these difficult tests serve to discourage plenty of prospective life insurance agents, they also ensure that those who pass will be well-prepared to work in the increasingly competitive life insurance industry. Difficult tests also ensure that newly-minted agents are competent and fully cognizant of the implications of their work. If you’re hoping to obtain a license to sell life insurance in Texas, you’ll need to prepare for the state’s exam by purchasing study materials and taking a preparatory course. While the Texas Insurance Exam isn’t regarded as the nation’s most difficult, it’s a comprehensive assessment that can punish unprepared test-takers. It also covers a wide range of issues that aren’t directly related to life insurance. Before you take the exam, you’ll need to know the ins and outs of: If you concentrate only on the life insurance portion of the exam, it’s unlikely that you’ll pass. If you’re worried about receiving a passing grade on the test, take a practice exam several weeks beforehand. A practice-exam score of 90 percent or higher generally indicates mastery of the subject material. If your score is lower than 90 percent, you’ll need to assess your weaknesses and continue to study. "
Does Using My Parents’ Health Insurance Make Me a Dependent?,"Despite a raft of new regulations that are designed to make health insurance more affordable and prevalent, finding adequate, inexpensive coverage is still a challenge. Even as the cost of single-coverage health insurance premiums rise, fewer and fewer companies are offering health insurance coverage as an employee benefit. The companies that still offer such benefits are asking their employees to shoulder burdens like reduced preventive-care coverage, higher co-pays and more expensive premiums. Even if you have access to an employer-sponsored health insurance plan, it might not be a very good deal. If you're relatively young, you may have another option. Thanks to the Affordable Care Act, American health insurance companies are now compelled to insure certain minor and adult children on their parents' policies. Although such coverage can be denied by any children or parents who don't need it, insurance companies no longer have any say in the matter. For the first 25 years of a person's life, he or she may procure health insurance in this way. Once a person turns 26, insurance companies can drop him or her from this ""family plan"" without providing an explanation. Crucially, the new law makes no distinction between minor and adult children. In other words, ""children"" who are over the age of 18 and earn enough money to support themselves may still receive health insurance coverage from their parents. This has no bearing on their tax status. In order to secure this benefit, parents aren't required to claim such children as dependents on their tax returns. Likewise, these children aren't required to forgo the ""personal tax deduction"" that non-dependents are entitled to claim. This is important: Since there are tremendous financial benefits to being a non-dependent, the so-called ""health insurance provision"" is a valuable tool. Depending upon the circumstances, the ability of a non-dependent child to procure health insurance under a parental plan can be viewed as a major informal tax deduction. It may also be a financial blessing for parents who wish to carry their kids on their health insurance policies. In order to claim someone as a dependent on your tax return, you must provide him or her with significant financial support. If you account for less than 65 percent of his or her total earnings, it's unlikely that you'll be able to claim an adult child as a dependent. This rule doesn't apply to minor children. Since they're legally bound to their parents, minor children may be claimed as dependents in most situations. This arrangement may only be changed through the legal emancipation process. "
Can I Reimburse Myself for Health Insurance Costs Through My Company?,"If you own your own business, your health insurance considerations are liable to be different than those of the typical salaried worker. For starters, the IRS permits business owners to claim their own health insurance costs as a “business deduction.” This is one of the biggest incentives for American companies to provide health insurance for their workers. It’s doubtful that so many companies would still provide this benefit in the absence of such a tax break. Like many business decisions, providing health insurance simply makes good financial sense. If your business is relatively small, your health insurance considerations could be downright confusing. The tax implications of your personal health insurance plan may be confusing as well. Sole proprietors, partnerships, “S-corps” and small-business LLCs must abide by certain rules during the deduction-claiming process. Chief among these is the requirement that they provide health insurance for their employees on a pre-tax basis. If your business provides health insurance on a post-tax basis or fails to meet this standard in any other way, it may be ineligible for the health insurance tax deduction that its peer organizations enjoy. To learn more about the difference between pre-tax and post-tax health insurance benefits, you can browse the IRS’s website for publications on the matter. Many small business owners don’t even provide health insurance. If your business has just a handful of employees, the financial burden of providing health insurance might not be worthwhile. While some sole proprietors establish businesses for the sole purpose of providing themselves with affordable health insurance coverage, many others simply can’t afford to do so. If this describes your situation, you probably have other means of purchasing health insurance. For starters, you could turn to your spouse. If your spouse enjoys health insurance coverage through his or her employer, you might prefer to sign on to that policy. Unfortunately, this will cut off a potentially valuable benefit: your health insurance deduction. Even though you’re in business for yourself, you can’t legally claim the health insurance premiums that you pay to your spouse’s provider as a business expense. Such a move would constitute fraud and could be punishable by fines and imprisonment. Unless your spouse’s premiums are paid out of his or her post-tax earnings, you also won’t be able to claim his or her premium costs. In fact, you probably won’t be able to use the health insurance deduction at all. If you want to be able to deduct your health insurance premiums as a business expense, you’ll need to set up your own plan. If you’re like most American taxpayers, your health insurance premiums represent an enormous “overhead” expense. For many years, the cost of healthcare and health insurance has risen faster than the overall rate of inflation. Meanwhile, the recent passage of the Affordable Care Act has added a new layer of uncertainty to the healthcare market. Many insurers are taking advantage of this new climate of confusion by raising some of their policies’ premiums by 10 percent or more per year. If you receive health insurance through your employer, you probably won’t qualify for a healthcare-related tax deduction. This is because most employers shoulder the majority of their employees’ health insurance costs. On the other hand, you may qualify for a tax deduction in the event that you experience an expensive medical emergency or round of treatment during the tax year. In order to determine your eligibility for specific tax deductions, you’ll need to check with your accountant or tax professional. In general, you should qualify for a tax deduction on any healthcare costs that exceed 7.5 percent of your gross income. If you made $100,000 during the tax year and paid $15,000 in healthcare-related costs, you’ll be eligible to deduct $7,500 from your top-line income figure. Although high-income earners may face certain restrictions, most regular workers are eligible to claim virtually all of their healthcare costs beyond the 7.5 percent threshold. The specifics of this deduction are spelled out in IRS Publication 502. In order to be eligible for this tax offset, you must choose to itemize your deductions. If your standard personal deduction exceeds the value of your potential itemized deductions, it may not make sense for you to use this healthcare-related tax-reduction tool. Although it fluctuates from year to year, the personal tax deduction is capable of offsetting thousands of dollars in gross income. Unless you own a house or make charitable donations on an ongoing basis, the total value of your potential itemized deductions may not exceed that of your guaranteed personal deduction. If you’re self-employed, this healthcare deduction could be particularly useful. As a self-employed worker, you’ll be responsible for covering 100 percent of your health insurance costs out of your own pocket. As such, your insurance premiums are liable to exceed 7.5 percent of your income by a significant margin. In addition, you’ll be eligible for other key tax offsets, including the home-office deduction. "
Can I Extend My Health Insurance to Cover My Parents and Siblings?,"The cost of health insurance increases with each passing year. If you're lucky enough to have a robust health insurance policy through your employer, union or educational institution, you're probably happy with your current arrangement. However, your loved ones might be jealous of the security net in which you're enveloped. If you're the only person in your family with health insurance coverage, you may be able to use your policy to obtain coverage for some of your relatives.  Unfortunately, current laws limit the means by which you can do this. In addition, adding new people to a health insurance plan can be surprisingly expensive. Before you agree to add family members to your policy, take the time to get a good sense of their healthcare needs. Even if they appear to be healthy, they may have pre-existing conditions or injuries that require ongoing medical treatment. Such conditions could dramatically raise your total insurance costs. For instance, a family member with well-controlled diabetes could raise your premiums by 50 to 100 percent. A family member with a chronic condition like multiple sclerosis or lupus could raise your premiums by even more. In order to determine the cost of insuring additional family members, you'll need to talk to your group insurance provider. If you receive insurance through your employer, you'll have no choice but to secure additional coverage from this company. Most group health insurance providers frown upon clients who take out supplemental policies. In fact, such a move could be grounds for your removal from the policy. If you have single-coverage health insurance, you're free to solicit quotes from other providers as well as your current insurer. Be prepared to devote a significant amount of time to the research process. Finally, you'll need to determine the eligibility of each of your relatives. In most cases, you'll only be able to add your spouse and ""qualifying"" dependents to your plan. You probably won't be able to add your parents or adult siblings. However, it's important to note that most insurance companies don't impose age restrictions on these guidelines. If you can claim your parents and siblings as dependents, you may be able to add them to your policy. In order for this to work, you'll need to demonstrate that your parents and siblings are reliant on you for financial and social support. Since this requires a relatively high burden of proof, you might have difficulty doing so. "
Can I Cash an Auto Insurance Check Written Out to My Lien-Holder and Myself?,"If you recently received a settlement for a financed vehicle, you may have been surprised to find that your auto insurer’s check wasn’t made out to you. Since another party has an interest in the vehicle, your insurer was legally obligated to include that party’s name on the check. Unfortunately, this means that you can’t use the money that you’ve received without taking certain key steps. If you fail to take these steps, you could suffer some serious financial consequences. In certain circumstances, you might even face criminal penalties. Before you do anything with the check that you’ve received, take a moment to assess the situation. You have several distinct options. First, you could try to take the check to the auto repair shop that’s working on your car. Somebody shops have the ability to cash checks made out to third parties. Since the staff members at the shop are legally obligated to forward the unused proceeds to your vehicle’s lien-holder, your insurance company probably won’t object to your decision to do this. If the body shop mishandles or misplaces the check, it will be liable for your repair costs.  Somebody shops prefer not to accept third-party checks. Given the amount of risk that the practice involves, this is understandable. If your body shop won’t take the check that your insurance company issued, you can send it back to your insurance company with the body shop’s repair estimate. At the same time, you should instruct your insurance company to send you a check that’s made out to the body shop. The company’s claims department should have no problem with this. However, you should understand that you won’t see any of the unused funds. Once your insurance provider cuts a check to your body shop, it will send the unused portion of the settlement to your vehicle’s lien-holder. On the bright side, this means that you won’t have to make a car payment for a decent amount of time. What Does Comprehensive Coverage on Auto Insurance Mean? If you would prefer not to pay for your car’s repairs at all, you’ll need to send your entire check to your lien-holder. Once the lien-holder receives the check, it will cash it and use the proceeds to reduce the balance on your auto loan. Depending upon the size of the check, this could significantly improve your financial outlook. As long as you’re comfortable with driving a damaged vehicle, this may be the most prudent course of action. "
How Do I Know If My Health Insurance Premiums are Considered Pre-Tax or Post-Tax Earnings?,"If you earn health insurance benefits through your employer, you’re a member of a lucky cadre of American workers. Many employers have stopped providing such benefits to their employees. Others require the employees who sign up for their employer-sponsored group plans to cover the full cost of their premiums. Although group plans tend to cost somewhat less than single-coverage plans, this still represents a tremendous surcharge for most workers. In fact, many employers that have stopped providing health benefits have effectively given their workers across-the-board pay cuts. As a fortunate worker who continues to draw health insurance benefits through your employer, you’ll need to be aware of the tax implications of your employer-sponsored premium payments. Since you’re eligible to claim a sizable tax deduction on your post-tax health insurance contributions, it’s important that you determine the tax status of your specific employer-sponsored plan. Most employer-sponsored health insurance plans adhere to an IRS regulation known as “Section 125.” In popular terminology, plans that adhere to Section 125 are known as “cafeteria plans.” This colloquialism can be traced back to the formative years of the Section 125 statute. Since this particular regulation was designed to cover the employer-led issuance of health insurance benefits as well as several other types of insurance, it was referred to as an “all-you-can-eat” plan. Over time, the phrase morphed into the somewhat more refined “cafeteria plan” designation that remains in use today. If you have a “cafeteria plan,” your health insurance benefits are almost certainly taken out of your pre-tax pay. In other words, they come directly out of your gross income. Once these premiums have been subtracted from your weekly pay and forwarded to your health insurance provider, your employer will withhold your regular federal income taxes from the remaining balance. You’ll only be required to pay federal and state withholding taxes on your “post-insurance” income. Unfortunately, this means that you can’t claim your “cafeteria plan” health insurance premiums as a tax deduction. After all, you never paid taxes on that portion of your income. Am I Able to Write Off Health Insurance Premiums for Tax Purposes at the End of the Year? In order to confirm that your health insurance premiums were deducted from your gross pay, look at the “FICA” and “Medicare” sections of your pay stub. If the value of your FICA-eligible income is higher than the value of your withholding income, your premiums are “pre-tax.” If your FICA-eligible income is identical to your withholding income, your premiums are “post-tax.” In the second instance, you’ll be able to claim them as a deduction. "
I Filed My Taxes Online and Entered the Wrong Direct Deposit Routing Number. What Should I Do?,"These days, millions of Americans file their taxes online and receive their federal and state tax refunds via direct deposit. With the advent of broadband technology and affordable electronic financial transfers, this has become a matter of routine. After all, it's often cheaper and faster to process tax payments through the Internet. Waiting for an appointment with a registered tax preparation specialist can take time and produce plenty of inconveniences. Unfortunately, the newly-automated tax-filing system is not without its drawbacks. Chief among these is the potential for a single transcription error to cause major problems. It's bad enough to enter the wrong income on your tax form: If you discover that you've made such a mistake, you'll need to refile your taxes using the IRS's Form-1040X. Otherwise, you'll risk tax ""clawbacks"" and potential criminal prosecution.  It may be even worse to provide the IRS with the wrong routing number for the bank account into which you'd like your tax refund to be deposited. When you file your taxes online, you'll need to provide the IRS with your exact bank account and routing number. If either of these numbers is entered incorrectly, you could face a host of problems. Sadly, there's no guarantee that you'll be able to recover financially from such a mistake. If your refund is routed into the wrong bank account without your knowledge, the individual to whom the account belongs may choose to spend it in short order. This could dramatically complicate the situation and necessitate the involvement of law enforcement authorities.  If you realize that you've made this mistake, there are several different ways in which your case could unfold. First, your refund deposit could simply be rejected. If the routing number that you specified doesn't belong to a specific bank, the deposit will fail and the IRS will be forced to mail you a paper check. Although this can take up to two months from the date of the failed deposit, it's likely that you'll see the full amount of your refund. If the routing number that you provided belongs to a specific bank, it's possible that the bank has successfully received the deposit. If this is the case, you'll need to figure out the name of the bank that has your money. It's likely that the refund will be sitting in an unused or ""surplus"" account. In this case, the bank should simply return the funds to you via check. If the account is owned by another person, you may need to reason with them directly. "
Should I Get a Lawyer for a Drunk in Public Charge?,"If you've recently been arrested on a public intoxication charge, you may be weighing your legal options. Before you opt to spend hundreds of dollars to hire a lawyer and fight your charge, you'll need to consider the circumstances surrounding your arrest. In most jurisdictions, public intoxication charges are regarded as either petty or simple misdemeanors.  If your case is charged as a petty misdemeanor, you'll be issued a citation that carries roughly the same weight as a traffic ticket. As a condition of your citation, you'll need to pay a fine of between $150 and $500. You'll also be sentenced to ""time served."" Since you were probably forced to spend the day or night of your arrest in jail, you won't need to serve any further prison time. Even if you were released on your own recognizance after your arrest, you probably won't be required to return to prison. If your case is charged as a simple or ""Class D"" misdemeanor, you'll be hit with a somewhat larger fine of between $300 and $1,000. You may also be sentenced to a term of unsupervised probation. Finally, you may be required to perform a few dozen hours of community service. It's unlikely that you'll be required to go to prison on such a charge. However, it's important to remember that pleading guilty to a simple misdemeanor doesn't absolve you of wrongdoing. Your conviction will become part of the so-called public record and may show up on a criminal background check for a lengthy period of time. If you're looking for a job or wish to obtain a security clearance, this could interfere with your plans. In other words, you'll need to determine whether you can live with the consequences of a public intoxication conviction. For most people, this would not be a life-changing event. Then again, others have jobs, families and reputations to protect. If you're one of those people, you should consider hiring a lawyer to fight your charge. Retaining a competent legal professional to fight your public intoxication charge will substantially increase your chances of securing a dismissal or acquittal. However, such an outcome is far from guaranteed. If you were clearly in violation of the law, your lawyer may be unable to convince a judge that you're not guilty of the crime. If this is the case, your trial will end in disappointment. To make matters worse, you'll be hundreds or thousands of dollars poorer. "
Can You Represent Someone in Court If You Aren’t a Lawyer?,"These days, hiring an experienced lawyer to represent an individual who has been accused of a crime can be ruinously expensive. Even junior associates at second-tier law firms are permitted to bill their clients upwards of $150 per hour. Senior associates and partners can bill several times that amount. In fact, many seasoned trial lawyers who conduct product-liability lawsuits and other lucrative legal operations make upwards of $1 million per year. Defendants who lack deep financial reserves can quickly find themselves overwhelmed by legal bills. If you know someone who has been accused of a crime, you might be wondering whether you're legally permitted to represent him or her in court. Depending upon your familiarity with basic legal principles, you might be able to appear competent and confident in front of a judge. You might even impress your non-lawyer peers with your grasp of basic legal concepts and precedents. Unfortunately, there are no circumstances under which you'll be able to represent your accused acquaintance without first passing the bar exam in your state. In fact, individuals who have not been admitted to a state bar are explicitly banned from practicing law within that jurisdiction. This prohibition extends to laypeople as well as bar-certified lawyers from other areas. Despite his or her obvious legal experience, there is no guarantee that a seasoned lawyer who has been cleared to practice law in Oregon will be permitted to represent a client who stands trial in Texas. Although many states have ""reciprocal"" arrangements that permit lawyers with ""outside experience"" to practice law within their borders, this occurs on a case-by-case basis. Further, non-lawyers are not permitted to take advantage of such arrangements. In fact, practicing law without a bar license is a crime. If you attempt to represent an acquaintance without a license, you'll probably find yourself in one of two unpleasant situations. In the first scenario, you'll make it clear to the judge who presides over your case that you're not qualified or licensed to practice law. Your honesty will probably pay dividends: In this case, the judge will simply prohibit you from representing your ""client"" and order him or her to seek alternate counsel. In the second scenario, you'll misrepresent yourself as a trained, licensed lawyer. This is blatantly illegal. Once you're determined to be an unlicensed practitioner of the law, you'll be thrown off the case and charged with a crime. Should you be convicted, you'll face hefty fines and a possible prison sentence. "
Can a Mortgage Company Add an Escrow Account to My Mortgage Without My Consent?,"If you're like most American homeowners, your mortgage is the single largest obligation that you'll ever carry. Unless you purchase a private plane or yacht, it's unlikely that you'll ever own something as expensive as a piece of residential property. Of course, you could own a more expensive home after choosing to expand into a larger space. Nevertheless, you may never own a physical asset that's worth as much as a house. This fact might give you pause. After all, home ownership is expensive. If you're worried that you'll become unable to afford your property taxes or mortgage payments at some point in the future, you may wish to stick to renting for the time being. On the other hand, the historically-weak housing market presents excellent opportunities for buyers who are willing and able to shoulder the risk associated with owning a home. Once you've purchased your home and settled into your new life as a homeowner, you might be pleasantly surprised by the hidden perks of domestic living. Then again, your worst fears about your ability to handle your mortgage and property-tax obligations might be realized. If you begin to struggle to pay either of these recurring obligations, you might soon come into conflict with your mortgage lender. Your mortgage lender has the legal right to set up and administrate an escrow account to satisfy your mortgage debts. Your mortgage-related escrow account can also be used to satisfy your annual or semi-annual property-tax obligations. In order to utilize this tool, you'll make periodic deposits into this account. When your monthly mortgage payments come due, your lender will withdraw the proper amount from this account and update your bill to reflect the payment. Likewise, your lender will use the same procedure to satisfy your property-tax debt. When you take out your mortgage, you can opt out of this arrangement by requesting a ""no-escrow"" mortgage. This prevents your lender from setting up an escrow account that automatically pays your mortgage and property-tax obligations at regular intervals. Such an arrangement is perfectly legal and increasingly popular. Unfortunately, your ""no-escrow"" lender remains legally obligated to set up an escrow account to satisfy any delinquencies that may arise during the life of your mortgage. If you've fallen behind on your property taxes, your mortgage lender will pay the taxes on your behalf. It will then use this newly-created escrow account to demand repayment for its generosity. If you ignore this request, your lender could initiate foreclosure proceedings. "
Why Would You Be Denied Life Insurance During a Mouth Swab Test?,"When you sign up for a life insurance policy, you'll need to fill out a comprehensive application that satisfies a number of legal and medical requirements. Among other things, your prospective insurer will take steps to ensure that you're healthy and competent. In order to prove that this is the case, you'll need to submit to a range of medical tests.  In addition to the written application and questionnaire that you'll be asked to fill out at your initial consultation, you'll also need to meet with a medical professional. This individual is typically a trained doctor and may be employed or retained by the insurance company that's issuing your policy. He or she will subject you to a three-part medical exam that should take no more than 90 minutes. The exam's three parts include a round of in-person questioning about your health habits and diet, a series of simple blood and oral-swab tests, and a cursory physical examination that may require you to engage in some light exercise. During the course of this exam, you'll be expected to follow your doctor's instructions and answer all of his or her questions in a truthful manner. In most cases, prospective life insurance customers find it easy to comply with these expectations. For exam-takers who might be reticent to cooperate in full, most insurance companies take steps to safeguard their testing procedures. The battery of chemical tests that comprises the second part of a life insurance medical exam is one of these safeguards. Although a mouth-swab test is regarded as somewhat less accurate than a blood or urine test, it's adequate for the purposes of the typical life insurance exam. Mouth-swab tests are painless and non-invasive. Crucially, they can test for a wide range of potential health issues.  The results of your mouth-swab probably won't cause your insurer to deny your application for insurance. However, the information that the test reveals may cause your premiums to rise by a substantial amount. In particular, the presence of nicotine or other drug metabolites in your saliva can indicate that you habitually use tobacco or illegal drugs. This revelation could easily double the cost of your insurance policy.  In addition, your prospective insurer is likely to compare the results of your mouth-swab test with the answers that you provided on your written health questionnaire. If the results of the test conflict with your answers, your insurer could impose an additional financial penalty or deny your application outright. "
How Do I Withdraw Money from My Bank Account in Another Country?,"These days, the business doesn’t stop at national borders. In fact, it doesn’t even stop at continental edges. Today, trade is a global phenomenon that involves the international exchange of hundreds of billions of dollars per day. From the foreign exchange markets to the global shipping industry, many millions of the world’s citizens make their livings by sending money and goods around the world. So, how can you withdraw money from your Bank Account in Another Country?  Personal finance and consumption have “gone global” as well. For one reason or another, untold millions of people live outside of their home countries. In the industrialized world, this has led to the creation of multicultural societies in which people from a range of backgrounds live and work with one another. It has also led to the development of financial networks designed to facilitate the smooth flow of currency between industrialized and developing countries. For instance, people send billions of dollars from the United States to Mexico each year thanks to the efforts of companies like: Although these services can be useful, they’re often not ideal for orchestrating quick international money transfers. For so-called remittances to be transmitted successfully, the sender must specify a set destination and arrange for a willing recipient to pick up the money upon its arrival there. There may be certain other security-related obstacles to overcome as well. If you’re trying to send money across international borders quickly and safely, you might want to consider using a traditional bank transfer. In order to execute such a transfer, all you need are two bank accounts. You can successfully execute an international bank transfer in several ways. The easiest of these is known as a “wire transfer.” Most major banks have the capacity to send money via an electronic transfer to virtually anywhere in the world. Unfortunately, wire transfers are often quite expensive. Depending upon where you wish to send your funds, your wire transfer could cost $20 or more. If you’re only trying to transfer or withdraw a small amount of money, this fee might be unacceptable. If you’re traveling abroad, you can “transfer” money from your home bank account to an account in your current country without paying these fees. Alternatively, you can simply use money from your home account to purchase items in your current location. In both cases, you’ll simply need to visit a local bank branch or ATM and use your home bank’s debit card to withdraw cash from your overseas account. You can either deposit this money in a local bank or spend it freely. "
How Can I Find Out If My Landlord Has Been Paying the Mortgage On My House?,"For individual homeowners, the foreclosure process can be jarring and traumatic. Once the bank seizes an owner-occupied property and puts it up for auction, its owner must move out and find another place to live. In most cases, this is extremely disruptive for everyone who lives in the house. For renters, the foreclosure process can be even more emotionally draining. Unfortunately, landlords are under no legal obligation to inform their tenants of the status of their property's mortgage. In some cases, tenants are unaware that their landlord has stopped paying his or her mortgage until the foreclosure process has already begun. These unfortunate tenants might come home one day to find an eviction or foreclosure notice taped to their door. Meanwhile, their landlord may have fled the area or chosen to stop responding to contact attempts. If you find yourself in this situation, you may be furious with your landlord. Unfortunately, landlords who subject their tenants to such abuse may not be in violation of the law. Although a landlord is morally and contractually obligated to continue making payments on his or her mortgage, he or she may not face criminal penalties for not doing so. After all, the foreclosure process constitutes a fairly severe punishment: Landlords whose properties fall into foreclosure stand to lose a significant source of income.  Worse, landlords who find themselves in this situation may suffer a dramatic hit to their credit scores. Such a financial wound may take years to repair. During that period, it may be difficult or impossible for the affected landlord to secure another mortgage. In other words, landlords who find themselves in foreclosure may be in a heap of financial trouble. Nevertheless, you'd probably prefer to avoid such a situation altogether. If you suspect that your landlord has fallen behind on his or her mortgage, you have every right to inquire directly about his or her financial health. If you don't receive a satisfactory answer, you'll need to take matters into your own hands. First, check with the tax clerk who oversees the collection of property taxes in your city or county. If your landlord has failed to pay his or her property taxes, he or she may also be delinquent on the mortgage. Since property-tax records reside in the public domain, you'll be able to obtain this information without difficulty. Likewise, get in the habit of opening every piece of mail that comes to your house. If your landlord is behind on his or her mortgage, there will be an official paper trail. "
Is It Legal to Charge Employees Different Amounts for Their Health Insurance Based Strictly on Their Income?,"If you obtain your health insurance through an employer-sponsored plan, you're among a shrinking majority of Americans who enjoy such coverage. More and more businesses are choosing to curtail or eliminate their health insurance plans in the face of rising costs and increasingly complex regulatory frameworks. Although the recent passage of the Affordable Care Act ensures that most Americans will have access to health insurance coverage in the years to come, it's not yet clear where millions of folks will obtain this coverage. It looks all but certain that single-coverage and ""a la carte"" family plans will be central to the health insurance mix. Another recent insurance-related development concerns the way in which policyholders are asked to shoulder their premium costs. In order to tamp down on the ruinous financial effects of health insurance inflation, many employers are assessing employee insurance-plan contributions on an income-based sliding scale. In the past, many employers simply charged each of their employees for health insurance on the same flat scale. Executives and cubicle-dwellers alike both paid the same amount of money for identical types of coverage. In fact, many executives' compensation packages included ""gold-plated"" health insurance plans that were supported by the premium contributions of rank-and-file workers. Since the passage of the Affordable Care Act in 2009, this practice is increasingly rare. The reason for this abrupt change is simple: The new law sets an ""affordability"" threshold for employer-sponsored health insurance plans. According to the new threshold, an employee's direct premium contribution for a given plan should not exceed 9.5 percent of his or her gross income. Although employers are free to ask their employees to contribute more than this amount, employees are not obligated to agree.  Under the provisions of the law, ""over-contributing"" employees become eligible for a certain type of tax credit after reaching the 9.5 percent threshold. This tax credit is designed to offset the cost of obtaining single-coverage health insurance plans on the open market. Workers who earn less than 400 percent of the federal poverty wage are eligible for this credit. As it becomes more widely publicized, many thousands of individuals are expected to begin to take advantage of it. In order to increase the buying power of their group health insurance plans, many employers are expected to begin charging their employees for health insurance on income-based sliding scales. After all, the practice makes sense from a financial, legal and ethical standpoint. "
Do I Need a Lawyer for a Suspended License Misdemeanor?,"Depending upon your past experiences, you're likely to find the ordeal of being arrested and booked for a crime to be nerve-wracking and humiliating. Regardless of whether you're guilty of the crime with which you've been charged, you could easily be made to feel violated and dehumanized during the course of your arrest. If you're forced to spend a night in jail before being released on bail, you might feel even worse. Depending upon the seriousness of the crime with which you've been charged, you might have to spend the entirety of your pre-arraignment period in jail. In this case, you'll have to face a number of serious and potentially terrifying hassles. If you've been arrested for driving with a suspended license, you'll be charged with a misdemeanor. Fortunately, the bail for such an offense is not typically set at outrageous levels. You may be able to afford to post bail out of your own pocket. Alternatively, one of your friends or relatives might be able to cover this cost. Depending upon the exact dollar amount at which your bail is set, you might not even be able to find a willing bail bondsman. Although driving with a suspended license typically has serious ramifications, individuals who are convicted of this crime usually aren't given prison sentences. Instead, the penalties for this type of crime involve fines, probation and ongoing license restrictions. In addition to the fact that you'll have a misdemeanor crime on your record, the most serious consequence of your suspended-license conviction is liable to be your continued inability to operate a motor vehicle in a legal fashion. Depending upon the circumstances surrounding your arrest, you might be able to secure a reduction in your charges. In the past, courts in certain jurisdictions have reduced suspended-licensed convictions to petty misdemeanors or dismissed them completely. In other cases, these charges have been reduced to simple traffic infractions like speeding or failure to signal. If you have a clean criminal history and driving record, the judge who presides over your case may be more likely to exhibit leniency. If you hire a lawyer, you'll have a far greater likelihood of securing a dismissal or reduction of your charges. In the end, you'll need to decide whether such an outcome is worth the cost of retaining a legal professional. Even for a relatively simple case, your lawyer is likely to cost $1,000 or more. "
Would I Need a Motorcycle License and Insurance to Drive a Vespa?,"Also known as ""mopeds,"" motorized scooters are becoming increasingly popular in the United States. In addition to being fun to drive and affordable to purchase, these vehicles are extremely fuel-efficient. Depending upon the model that you purchase, your new moped might be able to travel 75 miles on a single tank of fuel. Some newer models are even more efficient: It's not uncommon for state-of-the-art scooters to achieve fuel-efficiency ratings of 100 miles per gallon or more. Meanwhile, certain manufacturers have begun to issue electric scooters that lack an internal combustion engine and derive their power from a safe, efficient battery pack. Regardless of the type of scooter that you ultimately choose to purchase, you'll need to take steps to ensure that it's ""street legal"" to operate. In addition, you'll need to ensure that you have the proper documentation to operate it on your own. The exact requirements that you'll need to meet may vary from state to state. Likewise, the procedures that you'll be expected to follow may depend upon the size, engine type and brand of the moped that you purchase. If you're in the market for a Vespa, you'll need to pay careful attention to its engine size. In most states, mopeds that feature engines with fuel capacities of 50 cubic centimeters or more are treated as motorcycles. If your Vespa's engine has a capacity of more than 50 cubic centimeters, you'll need to obtain a motorcycle license from your motor vehicle bureau. If you already have a driver's license, you'll need to obtain a motorcycle endorsement on it.  In order to do this, you'll need to receive a temporary motorcycle permit and submit to a probationary period. Once this period has ended, you'll need to take a riding exam at your local motor vehicle bureau. If you pass this exam, you'll be free to ride your moped without restriction. If you own a moped that requires a motorcycle license, you'll also need to obtain motorcycle insurance from a reputable provider. Fortunately, such coverage is relatively affordable.  Many of the moped manufacturers that do business in the United States take steps to ensure that their customers don't need to obtain licenses and insurance policies. These corner-cutting manufacturers tend to build scooters whose engines are just small enough to evade the licensing requirement. If you don't want to go through the trouble of obtaining documentation for your vehicle, simply purchase a moped that features a 49 cubic-centimeter engine. "
Do Life Insurance Companies Check Your Medical Records After You Die?,"For many middle-class Americans, life insurance is an essential form of financial protection. There are two basic types of life insurance: term and whole. Within these broad categories, there are several different policy types that may be customized to fit a wide range of needs. For the purposes of this explanation, it’s unnecessary to get into the details of each and every type of life insurance. However, it’s important to make a key distinction between the term and whole life insurance. Whereas whole life insurance is generally regarded as a quasi-investment vehicle that can help protect against financial shocks like job loss or permanent disability, term life insurance exists solely to cover the costs associated with the policyholder’s untimely death. What Is the Best Life Insurance Company to Work for with Great Commission? If you take out a term life insurance policy, you must be aware that it won’t accumulate any cash value. It will only produce income for your descendants in the event that you die before its expiration date. Term life insurance policies typically remain effective for between: Once their initial terms have expired, they may be renewed for additional lengths of time. These renewed policies almost always cost more than the policies that they replace. If you die during the effective period of your term life insurance policy, your policy’s beneficiaries stand to receive the policy’s so-called death benefits. In most cases, your policy’s underwriter will be prepared to pay out these benefits within two to three weeks of your death. Unless your beneficiary opts to receive the benefits in a single lump-sum payment, your underwriter will make annual “annuity” payments over the course of 15 to 30 years. Before it agrees to make the first annuity payment, it may take steps to confirm that your death occurred naturally. If you died in an unusual or suspicious situation, it may withhold benefits in lieu of a full investigation. Depending upon the policies of the life insurance company in question, this may take weeks or months. In most cases, life insurers will refuse to make payouts on suspicious death claims until police and medical officials have made the results of their official investigations available to the public. Your policy’s underwriter may actively participate in these investigations. If this is the case, you may be granted access to your official medical records. However, this may prove expensive and time-consuming for your insurer. If there’s no investigation into your death, it’s unlikely that your life insurance provider will care to review these records. "
Does Homeowner’s Insurance Cover Injuries Sustained by the Homeowner Themselves?,"As a homeowner, you've probably heard a great deal about your potential liability for any injuries that your guests or workers sustain on your property. If you have a big yard, a long walkway or a blind driveway, you might be especially worried about these issues. After all, hundreds of American homeowners are found to be liable for such injuries each year. To make matters worse, the average homeowner has only a limited ability to ""accident-proof"" his or her property. The most common types of private-property personal injuries occur as a result of slips or falls. These incidents are especially common during the winter: Unsuspecting guests or workers who walk on icy, untreated walkways or driveways often slip and seriously injure their hands, arms, legs and heads. Falls are also fairly common during the summer. These summertime injuries are often sustained by contractors or laborers working in elevated positions around the exterior of the house. A wobbly ladder that rests on an unstable surface or a loose rooftop shingle could be enough to cause one of these individuals to lose his or her balance and tumble to the ground. Such injuries can be extremely serious and may result in medical bills that total $50,000 or more. Fortunately, many homeowner's insurance companies cover these types of costs. If you have a new house that requires a gold-plated homeowner's insurance policy, you're almost guaranteed to have some form of liability coverage. While the injured worker or guest could still choose to bring a lawsuit against you in the event that your insurer denies his or her claim, such coverage would significantly reduce your risk of paying out of pocket for the incident. On the other hand, few homeowner's insurance policies cover medical expenses associated with injuries to individual policyholders. In other words, you can't hold your insurance company liable for an injury that you sustain on your own property. If you fall off of the roof of your house while performing routine repair work, you'll need to pay for your own medical bills. Of course, your health insurance company will probably pay for a portion of these expenses.  You may be able to recover your remaining out-of-pocket expenses by other means. If you've recently had work done on your roof, you may be able to hold the contractor or roofing-materials manufacturer liable for your injury. This will require you to compile enough evidence to file a formal lawsuit. Although such a course of action involves tremendous risk, you may deem it to be worthwhile. "
Do I Get My Money Back When Cancelling a Gerber Life Insurance Policy?,"Like some other providers of whole life insurance, the Gerber Life Insurance Company offers a novel form of insurance that's tailored to the needs of small children. These products are marketed as savings plans for young children. When you purchase a Gerber Life policy, you begin making monthly contributions known as ""premiums."" Initially, you'll be able to recover these premiums only under certain circumstances. Unfortunately, these circumstances typically involve the accidental or natural death of your child.  Over time, your policy will slowly accumulate a ""cash value"" that can be used for various purposes. In most cases, policyholders simply allow their policies' cash values to grow over many years. However, policyholders who find themselves in desperate need of cash and lack adequate savings reserves may tap their policies' cash values for loan funds. In most cases, the entirety of a given policy's cash value is available for use as a loan. Since they accrue interest at an annual rate of at least 8 percent, these loans are best used as short-term credit facilities. If you take out such a loan, be sure to pay it back as soon as possible. The cash value of a given Gerber Life policy is equal to its ""surrender value."" If you become unable to afford your policy's premiums and wish to cancel it, you'll be entitled to receive its full surrender value upon cancellation. To determine the current surrender value of your policy, look at your most recent statement. This figure will be noted near the bottom of the document. To determine the rate at which your policy's surrender value is growing, look at your past six statements and calculate the rate of increase. In most cases, this should be expressed as a percentage of your total monthly premiums. Unfortunately, Gerber Life imposes strict conditions on policyholders who wish to cancel their policies. If you scan your policy's documents, you'll notice some ""fine print"" that discusses the rate at which your policy accumulates its surrender value. You'll probably be disappointed to learn that your surrender value will be nonexistent for the first several years during which your policy is effective. After this initial probationary period, it will grow at an accelerating rate. Once your policy has been in effect for 25 years, it will be equal to the total value of the premiums that you've paid over the policy's life. In other words, you'll lose money by canceling your child's policy before his or her 25th birthday. "
"When You Get Rear-Ended By a Car, Does Your Insurance Rate Go Up?","Being involved in a serious car accident can be stressful. Even if you don’t believe that you’re at fault for the accident, you’ll probably be asked by the police and various insurance agencies to provide a great deal of information about the circumstances surrounding the incident. If you were injured in the crash, you would probably prefer not to deal with such matters. Even if you feel fine, you might be emotionally “shaken up” or worried about the cost of repairing your damaged vehicle. In either case, you might be understandably reticent to engage in lengthy “on the record” conversations with certain authority figures. Unfortunately, such conversations are a necessary aspect of post-accident investigations. Although rear-end crashes are among the most common and clear-cut types of automobile accidents, they still must be investigated to the fullest possible extent. If you’ve recently been rear-ended by another driver, you’ll need to remember a few key points. Crucially, you’re unlikely to be held liable for being rear-ended. In most jurisdictions, fault is assigned to the “second” driver in a rear-end accident. The driver who sustained damage to the rear end of his or her car is virtually never deemed to be at fault for a rear-end accident. There are some occasional exceptions to these general guidelines. If you were engaging in an illegal maneuver at the moment of impact, you may be held fully or partially liable for the accident. This is particularly common in freeway “slow lanes.” If you’re stopped in a traffic lane or traveling slower than the posted minimum speed without mitigating factors like traffic jams or disabled vehicles ahead, you’re technically in violation of the law. If you’re rear-ended while engaged in such an activity, you’ll be issued a traffic citation for your actions and held liable for the accident. Once you file an insurance claim for this accident, your rates will almost certainly rise. Likewise, your insurance rates could go up for matters unrelated to the rear-end accident. After the accident, the officer charged with investigating the matter could choose to issue a secondary citation that has no bearing on his or her determination of fault. This could come in the form of a speeding ticket, “failure to signal” citation or other moving violation. Even if your insurer doesn’t hold you responsible for the actual crash, it might nevertheless raise your rates as a result of this ticket. "
How Do I Remove Someone’s Name Off of a Joint Bank Account?,"Joint bank accounts can be useful in many different situations. For small business partnerships, they can provide the principals of a given business with access to a portion of the entity's liquid finances. Since joint business bank accounts can typically be accessed by multiple parties at once, such arrangements may permit trusted stakeholders to tap into the business's cash reserves without seeking the formal approval of their partners. Likewise, joint bank accounts are an excellent means by which parents may teach their children about financial matters. Once their children reach an appropriate age, many parents choose to open joint bank accounts for them. Although parents have nominal control over these joint ""custodial"" bank accounts until their children reach the age of majority, these financial tools may serve as an important teaching tool. Minor children can still deposit and withdraw funds from the joint bank accounts to which they're attached. Once they turn 18, they may be permitted to open and close new bank accounts at will. Joint bank accounts are also useful for married couples. For simplicity's sake, many couples choose to merge their finances. Unlike parent-child financial relationships, these arrangements are generally equitable: Each spouse may draw upon the account and make decisions related to its administration. In the event of a separation or divorce, these accounts may serve as sources of vitriolic disagreements between warring ex-spouses. There are many situations in which it might make sense to remove someone's name from a joint bank account. If you're considering doing so, you'll need to take several steps. However, you shouldn't over-think the process. In most cases, it can be done within a few minutes. If you're assigned as the ""primary"" account-holder on a joint or custodial account, it may be even easier to remove your fellow account-holders. To take a minor child off of a custodial account, you can simply call your bank and request that they be removed from the account. It's also easy to remove a willing participant from a joint bank account. Individuals who have no desire to remain attached to the account in question can typically be neutralized during the course of a brief bank-branch meeting. You'll need to appear with the appropriate individual at a branch of your bank. You'll both require two forms of legal identification. Finally, you'll both need to sign a piece of paper that makes the move official. The entire process should take a matter of minutes. "
How Do You Fire Your Lawyer and Get Your Money Back?,"When you hire a lawyer, you're not exactly entering into an employer-employee relationship. Your lawyer isn't obligated to shortchange his or her other clients in order to take on responsibilities that fall outside of the scope of your case. However, your lawyer is nevertheless obligated to fulfill the task that you've set before him or her. If he or she proves to be unwilling or unable to do so, you have the legal right to sever your relationship. While your lawyer will probably still be employed by his or her law firm, he or she will have no further relationship with you or your case. If you choose to sever your relationship with your attorney before your case reaches a conclusion, you must be prepared to take several important steps within a relatively short period of time. First, you'll need to initiate the firing process using the proper channels. In order to avoid any potential financial backlash from your decision, you should fire your attorney using a notarized letter that you've sent to him or her via certified mail. This letter must outline the reasons that you've chosen to fire him or her and demand the repayment of any unused portion of your retainer. Since your lawyer is legally obligated to keep your retainer in an escrow account and can't access the money without sending a formal bill to you, he or she will probably repay it without delay.  If your lawyer fails to return these funds within 30 days, you may take several steps to ensure that you aren't cheated. First, you should send another letter that reiterates your decision to take your lawyer off the case and demands prompt repayment of your retainer. In this letter, spell out the consequences of inaction. These can include reporting your former lawyer's practice to the Better Business Bureau and reporting the individual lawyer to your state's bar association. In most cases, your lawyer will not risk such dramatic repercussions. However, it's important to note that your lawyer may still bill you for the work that he or she performed immediately before the firing. Under the terms of your pre-existing agreement, you're obligated to pay this bill in full. Once you've fired your attorney, you must find a replacement for him or her before your next court date. If you don't find another professional to take your case, it may be dismissed. If this happens, you'll need to refile it. Needless to say, this process can take months or years. "
Does It Matter If I Lie About My Grades to Get a Good Student Discount with My Auto Insurance?,"These days, auto insurance companies offer dozens of enticing discounts for prospective policyholders. In the hyper-competitive market for insurance coverage, these discounts are designed to attract policyholders to agents and direct-sales representatives. Every year, millions of new insurance customers sign up for ""discounted"" policies thanks to these slick marketing tools. Of course, it's not entirely clear that these so-called discounts actually save money for the drivers who take advantage of them. In many cases, these discounts may simply serve as a reduction mechanism for already-inflated premiums. When you solicit a rate quote from an auto insurance provider, you'll have to provide certain pertinent demographic and historical information. Once you've done this, you'll be notified about your eligibility for various discounts. Depending upon the answers that you've provided to the questions that you've already been asked, these discounts may vary widely. If you're under a certain age and currently attend school, you may be eligible for a student discount. If your driving record is pristine, you may qualify for a ""good driver"" discount.  Since the insurance business is highly competitive, most insurance companies prefer to issue policies on the spot. In other words, you can simultaneously solicit a rate quote and receive a policy based on the information that you've provided. If you sign up for your policy online, you can immediately print your insurance documents for safekeeping in your vehicle. Once you've paid, you can move on to your next task for the day. Of course, your insurance company will double-check all of the information that you've provided in your application. This investigation tends to be very thorough: Your provider will take the time to check on your enrollment status with the educational institution that you claimed to be attending and may run a comprehensive license check with the motor vehicle bureau of each of the states in which you've lived. Even if you've already paid for your policy, your provider's official acceptance of your coverage terms and premium rates will depend upon the outcome of this investigation. If your provider's investigation turns up any inconsistencies in your self-reported answers, you may face serious consequences. If you've misrepresented your driving history, it's likely that your provider will upwardly adjust your policy's rate and ask you to pay the difference. If you've misrepresented your educational history, your provider will wipe out your student discount and may cancel your policy. In either case, any claim that you file is likely to be denied. "
I Used H&R Block Online Tax Last Year. Is There Any Way to Look Up My AGI for Last Year’s Taxes?,"These days, filing a U.S. income tax return is relatively convenient. In the past, filers had to deal with mountains of paper, mailing fees, and potential processing delays. The process was often held hostage by the whims of postal or filing-service employees. Even simple tax situations often required the assistance of a professional tax preparation specialist. Such specialists typically charged hefty fees and kept significant proportions of their clients’ tax refunds. Overall, the tax filing system has improved markedly with the rise of Internet-based filing systems. Of course, online tax preparation and filing still produces plenty of headaches. Many of the same organizations that helped Americans file their taxes during the second half of the 20th century remain actively engaged in the tax-preparation business today. Online tax-filing giants like: Now account for a sizable proportion of the total tax-return volume that passes through the IRS each year. As with any massive undertaking, complications arise with some regularity.  One of the most troublesome of these complications is the requirement that tax filers use their “adjusted gross income” figure from the previous tax year as a password to log onto their current “e-filing” service. Virtually all of the tax preparation services that use the e-filing interface require their clients to take this step. Known as “AGI” figures, filers’ adjusted gross incomes are not necessarily unique. After all, hundreds of millions of U.S. tax returns are produced every year. However, these numbers are distinctive enough to be deemed effective for use as de facto passwords. Best Way to get a Copy of Last Year’s Tax Return If you’re worried that you won’t be able to find or remember your AGI figure from the previous year, you can circumvent your e-filing service’s AGI requirement in one of several ways. For starters, you might have created a different password during a previous filing session. If you’re returning to the same tax-filing service, you might be able to use its “lost password” feature to look up the unique password that you created the year before. Alternatively, you may be able to use the PIN that you received from the IRS when you filed your taxes. Although this may not be entirely sufficient to log you into your tax-filing interface, it should be adequate when used in conjunction with your old password. If your tax situation is straightforward, you may be able to find your AGI simply by looking at the “gross income” field on the W-2 form from your employer. "
Will I Go to Jail for a Misdemeanor?,"If you've been arrested and charged with a misdemeanor crime, you may be worried about spending a significant amount of time in prison. Chances are good that you've already been exposed to the penal area of the police station that processed you in the aftermath of your arrest. Depending upon the jurisdiction in which you were arrested and the time of day in which the arrest occurred, you may have been jammed into a cramped jail cell or given a semi-private room of your own. If you've already spent time with other accused criminals in a secure environment, you may be dreading the thought of returning to such a place after your conviction. The rules that govern misdemeanor crimes vary widely by jurisdiction and classification. For starters, there are several different ""classes"" of misdemeanor crimes. These range from lightly-punished petty misdemeanors to relatively serious Class A misdemeanors. Depending upon the state in which you're arrested, these classes may designated numerically or alphabetically. In either case, they're functionally similar. If you're charged with a petty misdemeanor, there's virtually no chance that you'll be sent to prison. Most petty misdemeanors are punishable by a relatively small fine of $300 or less. Examples of petty misdemeanors include petty theft and personal possession of certain controlled substances. If you're charged with a low-level misdemeanor that's deemed to be more serious than a petty misdemeanor, you'll probably face a significant fine and may be required to participate in a community-service program. However, it's unlikely that you'll be incarcerated for such a crime. Low-level misdemeanors include vandalism, disorderly conduct and ""disturbing the peace."" Meanwhile, more serious misdemeanors like burglary and grand theft might be punishable by some jail time. In most cases, misdemeanor jail sentences can't exceed two years in length. The likelihood that you'll be incarcerated for a misdemeanor may also depend upon the state of the prison system in your jurisdiction. In many states, municipal and state-run jails are overflowing with inmates. For instance, California's prison population exceeds the rated capacity of its prison system by a factor of two. Given the obvious space constraints that this systemic overcrowding can produce, many judges are inclined to be lenient with repentant offenders. In other words, any prison sentence that you would have received for your crime could be reduced to a ""time served"" sentence that involves significant amounts of community-service work. If you show remorse for your actions, such an outcome will be more likely. "
What Percentage of Lawsuits Settle Before Trial? What Are Some Statistics on Personal Injury Settlements?,"If you’re on either side of a pending lawsuit, you may be nervous about the prospect of going to trial. If you’re like most Americans, you’ve probably never been directly involved in the trial process. Although it’s likely that you’ve seen stylized media portrayals of sleazy trial lawyers, forceful judges and rigid courtroom protocols, you may not know what to expect once you actually step through the double doors and enter your trial court. In fact, you might not even be aware that most modern courtrooms lack double doors. Unless you’re involved in a complex case with no clear-cut “winner” or “loser,” your nervousness may be misplaced. Prior to the commencement of the trial process, the vast majority of personal injury lawsuits and product liability lawsuits are settled out of court. Although reliable median settlement figures are not available due to a lack of clear reporting standards, it’s likely that most pre-trial settlement amounts are comparable to the reported “value” of the corresponding lawsuit. In a financial sense, settlements tend to favor plaintiffs over defendants. Of course, settling a case out of court may protect the reputation and dignity of a defendant. In this regard, it can be said that both plaintiffs and defendants benefit from pre-trial settlements. According to the most recently-available statistics, about 95 percent of pending lawsuits end in a pre-trial settlement. This means that just one in 20 personal injury cases is resolved in a court of law by a judge or jury. It also means that planning for a pre-trial settlement is a crucial component of any sound legal strategy. In fact, many seasoned personal injury plaintiffs use the bulk of the pre-trial preparation period to build a case that entices their opponents into settling for a favorable sum. If you would prefer to settle your case before trial, be sure to let your attorney know of your desire in a timely fashion. It appears that personal injury trials favor the plaintiff: According to recent statistics, over 90 percent of cases that go to trial end in victory for the individual who brought the suit. This suggests that pre-trial settlements may be in the best interest of defendants who lack strong evidence to defend themselves against the charges that they face. In straightforward personal injury cases, the outcome of a trial can hinge on the testimony of a single key witness or the examination of certain pertinent records. "
How Do I Transfer Money from Mexico to My Bank Account in the USA?,"Most of the money transfers between the United States and Mexico are made by Mexican expatriates who live and work in the United States. However, many Americans who live and work in Mexico require a stable means of sending money from their adopted country to their relatives north of the border. Alternatively, many Americans who live in Mexico on a temporary basis may continue to operate bank and retirement accounts in their home country. If these individuals earn substantial amounts of money during their time away from the United States, they may choose to repatriate a portion of their earnings to take advantage of certain taxation treaties between the two countries. Under certain circumstances, Americans who live in Mexico can avoid paying income taxes to the Mexican government.  There are several easy ways to send money across the border between the U.S. and Mexico. The most common means by which regular people send such funds involves a money transfer service like: For a relatively modest fee, these outfits can safely and efficiently process cash transfers on a same-day basis. If you’re planning on executing such a transfer, you should make several arrangements. First, you’ll need to choose a physical destination for your funds. You’ll probably need to specify the exact city, state, and terminal to which you’d like to send your money. For instance, you may choose a specific Walmart outlet in Austin, Texas as your destination. Some payment services may not require you to specify a particular location. If this is the case, you’ll be able to send your funds to any of the service’s terminals. It’s important to note that some states restrict the amount of money that an individual can send or receive on a daily basis. For instance, Arizona limits the size of incoming and outgoing transfers to $500 per day. How Do I Withdraw Money from My Bank Account in Another Country? You’ll also need to confirm that you have a willing recipient for your funds. This person will need to arrive at the specified terminal and recover the cash that you sent. If you choose, this person can subsequently make a bank account deposit on your behalf. Alternatively, you can use an electronic service to send funds directly to your bank account. You may be able to use PayPal, Xoom, or your Mexico-based brokerage account for this purpose. If you choose to send money in this manner, make sure that it’s denominated in the proper currency. "
How Much Money Does a Government Lawyer Make?,"In the past, lawyers belonged to an elite socioeconomic class and enjoyed tremendous job security. ""Corporate"" lawyers who worked for well-funded private companies or secured partnership-level positions at reputable law firms earned salaries comparable to those commanded by medical specialists and surgeons. Law firm principals, malpractice lawyers, liability lawyers and certain trial attorneys might have earned even more than those medical professionals. In other words, the law was a coveted field that attracted the best and brightest graduates of the nation's elite undergraduate institutions. While the law still attracts promising and ambitious young people, the earning power of the average lawyer has declined significantly since the 1980s. There are fewer lucrative opportunities available to newly-minted lawyers who lack years of practical experience. Most of these are reserved for graduates of top-tier law schools like Northwestern, Harvard and Yale. Most new lawyers find themselves relegated to ""second-class"" jobs that offer decent but unspectacular pay packages. Since many private law schools charge upwards of $200,000 for a three-year JD program, many new lawyers feel pressured to earn at least $100,000 immediately after graduation in order to remain financially comfortable. After all, the vast majority of law students finance their law school educations with high-interest student loans. If you're going to be graduating from law school in the near future, you may struggle to repay your loans without access to a coveted corporate-law job. Then again, you may be dead-set against working in such an environment. Many new lawyers choose to gain experience in the public sector before ""graduating"" to higher-paying private-sector jobs. In most cases, so-called ""government lawyer"" jobs pay substantially less than private-practice jobs. It's important to note that many modestly-paid government lawyers are expected to work just as hard as their private-practice peers. In fact, there's little correlation between ""hours worked"" metrics and compensation figures. Many government lawyers must work for 70 to 80 hours per week on a regular basis. In the public sector, lawyers' pay scales vary tremendously across jurisdictional lines. Local lawyers who work for rural county or city governments generally receive smaller compensation packages than specialized lawyers who work for the federal government in the Washington, D.C. area. Lawyers who work for state governments and far-flung branches of federal agencies tend to earn middling salaries. In general, living costs and agency budgets play a substantial role in determining compensation rates for government lawyers. Whereas rural government lawyers might earn $50,000 to $75,000 per year, high-powered federal lawyers might command $100,000 to $120,000 per year. "
"If You Can’t Afford Health Insurance, Are You Required to Buy It?","Since the late 2000s, health insurance has been a hot topic of conversation. Even as the insurance industry has been subjected to a rigorous examination from every possible angle, the legislative fight to reform the provision of this type of insurance has become a political ""lightning rod"" for politically-savvy citizens. Meanwhile, many politicians' careers have been launched or reshaped by their stances on so-called healthcare reform. The political healthcare reform movement culminated with the 2009 passage of the Affordable Care Act. Prior to the act's passage, between 40 and 50 million Americans lacked any form of health insurance coverage. Most of these individuals were low-income workers who couldn't procure insurance coverage through their employers. Many earned too much money to qualify for Medicaid coverage and failed to meet certain eligibility requirements for Medicare.  Likewise, millions of folks who could afford to purchase health insurance coverage through their employers or on the open market found themselves in dire financial straits before the act's passage. In 2012, average out-of-pocket health insurance costs for individual policyholders exceeded $4,000 per year. For the typical family of four, these costs exceeded $15,000 per year. While it's too early to assess the effects of the Affordable Care Act on health insurance premiums, one of the law's signature features is now set in stone: Beginning in 2014, individuals who previously lacked health insurance may purchase it at a reduced rate. Through a tool known as the ""individual mandate,"" the government may now compel its citizens to purchase health insurance coverage. In addition, most businesses with more than 50 full-time employees will be required to provide group coverage to these full-timers. If businesses or individuals choose not to purchase health insurance coverage, they may be subject to an annual fine. The individual mandate contains provisions that may help low-income policyholders afford their premium payments. Individual earners with incomes below 400 percent of the federally-set ""poverty level"" may be eligible for tax credits that can offset the cost of their annual insurance premiums. Families with combined incomes of below 400 percent of the poverty level will also be eligible for subsidies under this plan. In a related provision, the Affordable Care Act caps out-of-pocket healthcare-related expenses for most policyholders at about $3,000. Although this figure may rise in response to cost-of-living adjustments, it is likely to remain significantly lower than the pre-reform out-of-pocket cost of health coverage. "
"If I Have an Investment Property That Will Go into Foreclosure, Can the Bank Take My Primary Residence?","Although the foreclosure crisis that swept the nation during the late 2000s has begun to abate, millions of homeowners remain unable to afford the payments on their mortgages. These hard-working individuals must either refinance their home loans or accept the possibility that their lenders will initiate foreclosure proceedings against them. Since there are currently hundreds of thousands of homes in foreclosure across the United States, there is a considerable backlog of ""pending foreclosures"" in certain areas. These distressed properties are especially common in states that were hit hard by the housing crisis, including Florida and Arizona. As such, there may be a lag of six months to two years between a delinquent homeowner's last mortgage payment and the date of the foreclosure auction. The foreclosure rules that govern investment properties are similar to those that govern primary residences. However, banks tend to expedite foreclosure proceedings on high-value multi-unit residential structures. If you own a rental property with multiple units, your foreclosure may proceed at a faster pace than you expect. This could make it difficult for you to catch up on your delinquent mortgage payments or secure another source of financing for your loan. Fortunately, your mortgage lender probably won't be able to seize your primary residence for the purposes of satisfying your delinquent mortgage. Although there are several exceptions to this general rule, mortgage lenders typically may only seize the property to which the delinquent mortgage is tied. If the proceeds from the pending foreclosure sale won't be enough to satisfy the mortgage debt in full, lenders may also seize any collateral put up by the delinquent homeowner. If the loan on your rental property was particularly large, it's possible that your mortgage lender asked you to provide some collateral as a condition of its issuance. Such collateral typically takes the form of cars, artwork, jewelry and other homes. If you chose to use it as collateral for your rental property's mortgage loan, you may lose your primary residence to foreclosure.  For this reason, most financial professionals recommend insulating your commercial real estate holdings from your private holdings. In order to do this more effectively, you may wish to create a taxable business entity like an LLC or S-corporation. If you become unable to shoulder the burdens of your commercial mortgages, you can shield your personal finances using these business entities. However, you may still be forced to take a tax write-down that could significantly impact your tax liability for the year in which the foreclosure occurred. "
How Do I Become an Assassin for the Government?,"Since the advent of radio and television, assassins have enjoyed numerous media portrayals. Most of these have been favorable. In fact, a great number have been downright glamorous. If you’ve watched action-packed television shows or movies within the past 50 years, you’ve probably concluded that assassins have fun, rewarding jobs. Of course, this characterization misses several important points about the nature of working as an assassin. For starters, there are relatively few assassins in the world. Most of the government operatives who may be tasked with neutralizing “high-value” individuals also perform other duties as well. Although there are plenty of highly-trained individuals who may be qualified to kill or kidnap certain targets in a discrete fashion, there are few agents who resemble James Bond or Jason Bourne. Most specialized field operatives focus on collecting and synthesizing intelligence data rather than killing those who appear unwilling to provide it. However, these media portrayals have raised the profile of the assassination business and increased the interest that modern young people show in the profession. If you’re serious about becoming an assassin, you’ll need to choose which sub-branch of the field you’d prefer to practice. Most de facto assassins are snipers who serve in the Army or Marines. Certain members of the Special Forces who are well-trained in close-combat techniques may be qualified to practice a greater variety of assassinations. Most Armed Forces assassins operate in recognized combat zones or countries in which the United States has certain high-value strategic interests.  The assassins who most closely resemble “secret agents” like Jason Bourne are generally CIA operatives with top-level security clearances. These individuals can be trained as: They may also have significant experience with unconventional methods of inflicting harm upon others, including familiarity with poisons and explosives. Operatives who work for the CIA and other intelligence-gathering agencies may conduct clandestine operations outside of designated combat zones. As such, their activities are generally kept secret and might not even be recorded. To become a government operative who might potentially engage in assassination-related activities, you’ll need to join a branch of the Armed Forces and score well on certain aptitude tests. Once you’ve risen above the rank of private, you can apply for a sniper position with the Army or Marines. After you’ve been trained as a sniper, you can continue working within the military or apply for a job with a private defense contractor like Academi. For more information on the government, you can also check out What Is A Government Shutdown &#038; Who Does It Affect? "
Do I Have to Pay the Mortgage While My Wife and I Are Separated?,"Unless you purchase a business, boat or other big-ticket item during the course of your life, your mortgage will be the largest discrete obligation for which you're likely to be responsible. As such, it's important that you treat it with the respect that it deserves. Failure to make your mortgage payments in a timely fashion can seriously disrupt your credit rating and may deal a substantial setback to your financial profile. In the worst-case scenario, your failure to pay your mortgage on time could result in a foreclosure that forces your home's current occupants to find alternate lodging.  Until your divorce has been set in stone, you should continue to pay your mortgage. Once you and your spouse are legally divorced, one of you will assume possession of the house. At that point, the ex-spouse who still owns the house will be responsible for shouldering the full cost of its mortgage. If this represents an undue financial burden, this person will need to sell the house and find another place to live. If you're the only borrower listed in the official mortgage documents, you'll have no choice but to continue making payments on it. If you miss two or three consecutive payments, your lender is likely to foreclose on your house. When this happens, you'll receive a significant blemish on your credit rating and may be unable to procure a new mortgage loan for several years. In the meantime, your depressed credit rating may prevent you from finding a suitable place to live on a temporary basis. To avoid this unpleasant outcome, you'll need to expedite your divorce proceedings or come to an arrangement with your spouse. If you're living apart without being legally separated, you should secure this designation from a family court before proceeding. A legal separation designation is likely to make it easier for you to enter into binding financial agreements with your estranged spouse. Once you're officially divorced, these agreements will become permanent. If you and your spouse are both listed on the mortgage, you'll need to ensure that she continues to make her portion of the payments on it. If she fails to do so, you'll need to compensate by paying more than your agreed-upon share. Without such an adjustment, your lender will foreclose on the house. In order to enter into any binding payment agreements, you'll need to convince a judge to sign off on your written proposal at an official hearing. "
Can an Employer Legally Decrease Your Salary If It Is Stated in Your Contract?,"The rules that govern employment law may exhibit tremendous variation between jurisdictions. Although there are multiple federal agencies that administer various employment-related regulations, many of the laws that relate to the day-to-day decisions of employees and employers are enacted and enforced on the state level. Relative to states with strong traditions of labor union membership, the laws are substantially different in ""right-to-work"" states that provide fewer protections for unions and their members. Although the ""right-to-work"" movement has been gaining steam in recent years, many aspects of the legal framework remain unsettled. In fact, several states remain mired in legal fights over the terms and implications of these policies. Of course, employment law isn't completely dominated by fights between union members and their employers. If you don't belong to a union, any right-to-work laws in your state probably won't affect your employment choices or outlook. Rather, your direct interactions with your employer will prove decisive in this regard. If you work in a high-demand industry or have special qualifications that suit you to a particular role within your organization, you may be required to agree to the terms of a fixed-term employment contract. If this is the case, your employment contract will determine the outcome of most of the disputes that arise between you and your employer. In most cases, your employment contract will spell out the length of time that you'll be required to work as well as the compensation that you'll receive for your work. Typical employment contracts last for one to three years. Longer-term contracts may come with built-in pay raises that reflect living-cost increases or performance incentives.  Unless you violate the conditions of your contract, your employment is generally guaranteed for the length of its term. In many cases, employment contracts are renewed on an ongoing basis. However, ""permanent"" employment contracts or tenured positions are rare outside of the education industry. This increases the leverage of employers and ensures that workers maintain their initial level of performance. If your employer is bound by an employment contract, it's unlikely that you'll be demoted or subjected to a salary reduction without ""just cause."" However, your contract may include a provision that provides for ""emergency"" salary reductions due to restructuring activities. In many cases, employers will choose to issue company-wide salary reductions in place of layoffs. This is perfectly legal and occurs with some frequency. If you're not working on a contractual basis, your employer can reduce your salary with or without cause at any time. "
What Happens to Your Home Mortgage When You Die?,"Since most people purchase their homes when they're in their 20s and 30s, it should be no surprise that the majority of mortgage holders are relatively young and healthy. After all, most mortgages are designed to be paid off within 15 to 30 years of their issuance. Nevertheless, each passing year sees many thousands of American homeowners die with outstanding balances on their mortgages. If you're worried about suffering this fate or inheriting a mortgage from a recently-deceased relative, you should keep a few things in mind. Assuming that you die with a portion of your mortgage's balance outstanding, it's unlikely that any of your family members will be obligated to make any direct payments on it. However, the responsibility for paying the remaining balance of the loan may devolve to the person who cosigned the loan with you. In most cases, this will be your surviving spouse. Since he or she will presumably continue to live in the house, this may not represent a serious burden. If you have a life insurance policy that pays out upon your death, your spouse may well use the proceeds to remain current on the mortgage or pay it off entirely. Likewise, your spouse may choose to sell the house in order to satisfy the outstanding debt. If you're the sole signer of your mortgage, your mortgage lender may decide the fate of your home. While it's possible to ensure that the home remains in your family by bequeathing it to a willing heir in your will, many homeowners don't have heirs with the resources to continue making mortgage payments.  However, your home may remain in your family under certain circumstances. If your estate contains lots of liquid assets, your mortgage lender may ""call due"" your mortgage debt and use these assets to satisfy the balance on your loan. While this will significantly reduce the amount of money that your surviving spouse or heirs may keep, it will also ensure that your home remains out of the possession of the bank that issued your mortgage. If your estate is too small to satisfy your mortgage debt, your home is liable to be foreclosed upon by your mortgage lender. The executor of your estate can stop this process at any time by finding a willing heir to step forward and make payments on your mortgage. If this doesn't happen, your home will probably be sold by your lender through a sheriff's auction. "
How Much Is a Life Insurance Payment for a 70-Year-Old Man?,"Life insurance is a useful tool for young and middle-aged individuals with a high burden of day-to-day expenses. There are two basic forms of this kind of insurance: term life and whole life. Whole life insurance is far more expensive than term life insurance and typically isn't suited to the needs of an older person. Meanwhile, term life insurance is quite affordable for individuals between the ages of 30 and 50.  Once a policyholder turns 50, his or her premiums will inevitably increase. The exact rate of this increase will depend upon several factors, including the policyholder's tobacco habits and pre-existing health conditions. A 60-year-old man in good health might still be able to procure an affordable term life insurance policy with a 10-year payout window. His eligibility for such a policy will hinge on his performance on a standard medical exam.  Unfortunately, a healthy 70-year-old man will have trouble finding an excellent life insurance policy with premiums of less than $100 per month. Although most life insurance companies issue 10-year term life insurance policies for males and females between the ages of 70 and 80, these policies typically come with death benefits worth less than $50,000.  Such policies may also come with mandatory probationary periods during which beneficiaries aren't entitled to receive death benefits. These periods may last up to three years. In essence, these ""10-year"" policies may only pay out during a seven-year window. In many cases, the premium payments on these policies may end up exceeding the total values of their death benefits.  If you're looking for a life insurance policy for someone who's over the age of 70, you'll need to talk to an insurance agent who specializes in selling high-risk policies. He or she may be able to identify relatively affordable policies that come with short probationary periods. Although the ever-changing life insurance industry offers few guarantees, it may be worthwhile to sit down with such an agent to discuss your options. There aren't too many reasons to invest in a life insurance policy after turning 60. Once you've paid for your house and your kids' college tuition bills, you may have few major ""overhead"" obligations left on your financial plate. Although term life insurance policies typically produce high rates of return for younger policyholders, your expensive policy may produce sub-par returns relative to the stock or bond markets. Before opting to purchase a term life policy, consider whether your money could earn a better rate of return in another investment vehicle. "
Can My Criminal Record Transfer to Another State?,"When you’re arrested and charged with a crime, a record of the event is entered into the database that local and state law enforcement agencies use to monitor the criminal records of various members of the public. These databases can be accessed by virtually any American law enforcement agency that chooses to subscribe to them. These days, most major law enforcement agencies communicate freely with one another using these databases as well as other tools and resources. When you’re convicted of a crime, a record of your conviction will be entered into the database that’s used by the jurisdiction in which you were tried. This will be a matter of permanent record and may show up on background checks conducted by prospective employers, security-clearance issuers, landlords, mortgage lenders, and many other parties. Unless your criminal record is expunged by a judge, you’ll live with this blemish on file for an extended period of time. Certain serious crimes like aggravated assault, rape, and murder may remain on your criminal record on a permanent basis. Less-serious misdemeanors may drop off of your record after five, seven, or 10 years. These reporting windows vary according to the policies of the jurisdiction in which you were tried and convicted.  It’s very difficult to “outrun” your criminal history. Before law enforcement databases were widespread, it may have been possible to avoid full responsibility for past transgressions. Convicted criminals who moved across state lines could often avoid accounting for their crimes for years at a time. As recently as the 1970s, background checks were far less thorough and often produced glaring inconsistencies and information gaps. Convicted criminals felt little obligation to report their convictions on the:   How Do I Get a Copy of My Criminal Record? Inter-agency information-sharing protocols simply weren’t highly developed and couldn’t keep up with an increasingly mobile population. This has changed decisively. If you have a criminal record, it’s now impossible to outrun it for any sustained period of time. Once you take up residency in a new state, your local motor vehicle bureau will be able to see all of the vehicular infractions in which you’ve been involved during the past several years. Once you apply for a job in your new home, the customary background check to which your employer will subject you is liable to turn up any record of past arrests or criminal convictions. Finally, you’ll be at risk for arrest on any outstanding warrants that you may be carrying. These arrests typically happen during routine traffic stops. "
Can You Put Someone on Your Health Insurance Who Is Not a Family Member?,"As healthcare costs continue to rise, health insurance is more important than ever. Unfortunately, it's becoming increasingly complicated: New regulations threaten to upend the status quo and inject new layers of uncertainty into an already chaotic insurance picture. If you've recently purchased a health insurance policy or have become eligible to do so through a new employer, school or trade association, you'll need to set aside a significant amount of time to read through your policy's literature and get a grip on your options. Most public and private insurance providers will permit you to add certain qualifying family members to your policy. For instance, most employer-sponsored group health plans willingly accept the spouses of covered members at a significant discount to the cost of individual coverage. Most employer-sponsored insurers also offer ""family plans"" that cover minor and adult children as well as spouses. These plans are often far more generous than individual plans and may offer low-cost prenatal, primary and preventative care.  In many cases, your insurance provider will permit you to carry virtually any family member that you can claim as a dependent. Such family members might include your elderly parents, adult children and disabled relatives. You'll need to check with the insurance regulator in your home state to determine who might qualify for inclusion on your policy. Unfortunately, the law is less clear on your ability to carry individuals to whom you're not related by blood or marriage. If you live in a state in which common-law marriage is legal, you may be able to include your common-law spouse on your health insurance plan without much difficulty. Although cutoff dates for common-law eligibility can vary, it's likely that you'll be able to carry an opposite-sex domestic partner with whom you've been living for more than 10 consecutive years. If common-law marriage is not legal in your state, you may not be able to carry an opposite-sex partner unless some form of recognized domestic partnership exists in your jurisdiction. Under most domestic partnership laws, members of the opposite sex can apply for domestic-partnership rights without officially agreeing to marry.  If you wish to carry a same-sex domestic partner on your health insurance, you'll need to make sure that your state confers equal domestic partnership benefits on same-sex couples. Likewise, you'll need to check with the proper authorities to ensure that your state recognizes same-sex common law marriages. If this is the case, your insurance company will consider your partner to be your blood relative for the purposes of your policy. "
Why Did Geico Increase My Auto Insurance Rate for No Reason?,"As a Geico customer, you're probably used to paying a fairly attractive annual premium in exchange for your auto insurance coverage. Unlike some full-service auto insurance companies, Geico is known for charging below-market rates for its policies. Unlike many bargain-basement auto insurance companies, Geico is also known for providing responsive claims service and dispensing prompt payouts to drivers who deserve them. As such, it's often said to occupy a ""sweet spot"" niche between discount and full-service providers. In addition, it enjoys excellent customer satisfaction rankings and experiences relatively low turnover rates. However, Geico has some key drawbacks. While it's an attractive insurer for mature drivers with stellar driving records, it's not an ideal carrier for younger drivers with blemished driving histories. It's known for raising accident-prone drivers' premiums by more than many other insurance companies. As such, it has developed a reputation as a ""trap"" company that charges new customers low premiums to earn their business and then jacks up its rates at the first sign of trouble.  Unlike full-service providers like Allstate and State Farm, Geico doesn't offer a blanket ""accident forgiveness"" discount. While it does reserve the right to overlook a single speeding ticket or at-fault accident during a five-year period, its standards for doing so are far stricter than those of its peer companies. Despite this fact, Geico specifically targets young drivers with affordable policies and clever advertising.  If you believe that Geico has unfairly increased the premiums on your policy, you'll need to speak with one of the company's customer service representatives. It's unusual for an insurance company to raise its premiums without cause. In fact, most insurance companies reduce the premiums that they charge their loyal customers over time to increase customer retention rates.  If you're unable to get a straight answer from your representative, you may wish to check with your state's insurance regulator. Most states permit insurance companies to raise their premiums once or twice within a given calendar year. Unless they're made on individual policyholders in response to specific incidents, these increases must be approved by the proper regulatory authorities.  To justify these rate hikes, insurance companies point to a variety of factors. These might include higher general operating costs or an uptick in the number of accidents in a particular state due to unusually bad weather conditions. Fortunately, you can fight back against such an ""unfair"" rate increase by shopping around for a new insurance provider. "
Can I Claim My Mortgage and My Parents’ Mortgage on My Tax Return?,"As a homeowner, you're probably aware that you can deduct a healthy portion of the interest that you pay on your mortgage from your total taxable income. In order to claim this deduction, you can't fall in one of the top two tax brackets and must file your taxes as either a ""single"" or ""married"" filer. You can't choose the ""married filing separately"" option that many taxpayers utilize to save money on certain business expenses. You must also refrain from deducting any of the principal that you paid on your mortgage. If you fail to adhere to any of these basic requirements, you may be at risk for an IRS audit. There are some circumstances in which you may be able to deduct the interest on your parents' mortgage from your own taxable income. If you pay the mortgage on your parents' house, you can't simply claim the applicable interest payments as a deduction. The IRS assumes that any funds used in this manner are intended for use as ""gifts."" Unfortunately, gifts are neither taxable nor tax-deductible under current federal law. In other words, your parents won't be liable for paying taxes on the mortgage payments that you make on their behalf. However, you won't be able to claim these payments as tax-deductible expenses. This general rule contains several key loopholes. If you can define your parents' house as your ""second home,"" you may be able to deduct the interest that you pay on its mortgage from your taxable income. You'll need to ensure that the deed to the house is in your name before attempting to make this deduction. If your parents compensate you for the time that they spend in ""their"" house, you'll also need to spend at least 36 nights per year at the house. This is because the IRS requires homeowners who rent out their second homes to use them as their primary residences for at least part of the year. Otherwise, such a maneuver would constitute an abuse of the federal laws that govern rental properties. If your parents live in the house on a rent-free basis, you're not required to spend any time there. For the IRS's purposes, the house might as well be sitting vacant. It's important to note that you can't deduct any mortgage interest on a mortgage that's worth more than the house that secures it. In most cases, you'll need to provide the IRS  with two Form 1098s as proof of your mortgage debts. "
How Much Will My Car Insurance rate Go Up for Three Points on My License?,"Your auto insurance costs are dependent upon several factors. In addition to your age, physical location and vehicle make, your annual premiums are also governed by various demographic factors and life decisions. If you’re a student, you may qualify for a “good student” discount as long as you can keep your GPA above a pre-determined level. Likewise, you may qualify for significant rate reductions on your total insurance costs provided that you “bundle” your auto insurance policy together with your homeowner’s and life insurance policies. Most insurance companies offer these bundles to qualifying homeowners. Despite all of these new bells and whistles, your auto insurance premiums are still certain to be affected by the most important factor of all: your driving history. American auto insurers use a relatively straightforward “points” system to determine how much their customers ought to pay for insurance. These “points” are identical to those used by the various state motor vehicle bureaus. In fact, most auto insurance companies calculate their customers’ auto insurance premiums using annual reports from the motor vehicle bureaus in their home states. Since most of these departments communicate freely with one another, insurance companies are able to obtain information about “out-of-state” vehicular crimes and accidents in which their customers are involved. In other words, you’ll be held accountable for the mistakes that you make behind the wheel no matter where you are when they occur. Depending upon the laws in the state in which they’re issued, most minor moving violations account for one or two “points” on your license. Such violations could include low-level speeding tickets and basic transgressions like “failure to signal.” More serious moving violations might include serious speeding tickets, red-light violations and reckless driving. If you’re pulled over for exceeding the posted speed limit by more than 20 miles per hour or swerving through multiple lanes of traffic, you can expect to receive three points on your license. The precise effect of a three-point violation on your annual insurance premiums will depend upon the policies of your insurance provider. In general, you can expect such a violation to boost your premiums by between 50 and 100 percent. If you’ve been cited for additional moving violations within the past three to five years, you should expect your premiums to rise by 100 percent or more. If your driving record is otherwise clean, your premiums might rise by far less than this amount. "
How Do I File a Homeowner’s Insurance Claim for Theft with No Receipts for the Stolen Goods?,"If you sustain significant property damage or loss during the course of a burglary or home invasion, some or all of the associated costs may be covered by your homeowner's insurance policy. Most such policies contain robust protections for robbery-related expenses. In fact, even the most basic homeowner's insurance policies are liable to pay out for such events. Provided that they aren't arranged at your behest, robberies and burglaries fit the classic definition of ""sudden and accidental"" to which most insurance policies adhere. Unlike the persistent water leaks that most homeowner's insurance policies won't cover, robberies and burglaries can't reasonably be foreseen. To ensure that you'll receive a quick payout on any claim that you make following a robbery or burglary, get in the habit of keeping purchase receipts for all of the items of value in your home. Such items might include jewelry, electronic equipment, furniture, appliances and kitchenware.  Be sure to ask your insurance provider whether your policy covers the full cost of replacing all common household items. Many discount homeowner's insurance policies don't cover such valuable items as diamond necklaces, gold rings and rare art pieces. If these items are stolen during the course of a robbery, you may be in for an unpleasant surprise when you try to file a claim for them. In most cases, your homeowner's insurance provider will require you to take out supplemental insurance policies on each item that's worth more than a pre-determined amount. Alternatively, you could pay an additional premium to take out a ""rider"" on your current insurance policy. The cost of each option may vary according to the policies of your insurer and total value of the items involved. Since relatively few homeowners keep detailed records of the purchases that they make, most insurance companies will approve claims for stolen goods without requiring claimants to produce purchase receipts for each individual item. However, most insurance companies do require their policyholders to file police reports immediately after learning of the robbery. If your home is robbed, be sure to make an official police report.  During the course of the investigation, you'll need to answer some basic questions about the circumstances surrounding the robbery. You'll also need to account for each stolen item. Once an official report has been filed, ask your local police department for a copy. You'll need to provide this to the claims adjuster who reviews your case. "
How Long After Leaving a Job Does Your Health Insurance Become Void?,"If you’re like most Americans, you’ve watched your health insurance costs jump significantly during the past decade. Since 2000, the average American’s health insurance costs have risen by more than double the rate of inflation. This has caused many major companies to scale back or eliminate the health insurance coverage that they’ve traditionally provided for their employees. If your employer still provides you with an attractive health insurance benefit plan, you should consider yourself lucky. In most cases, workers are paying a growing share of their own health insurance costs. Of course, you’ll almost certainly be on the hook for the cost of your health insurance policy after you leave your current job. Unless you’re able to negotiate ongoing benefits as part of your severance package, you won’t be able to rely on your employer to continue to pay for your health insurance coverage once you’re no longer employed. You probably won’t be able to negotiate such ongoing coverage unless you worked for your employer for decades or held a position of relative importance within the company. Once you quit your job, you’ll probably have health insurance coverage until the end of the month in which your last day of employment falls.  Can I Reimburse Myself for Health Insurance Costs Through My Company? Fortunately, you have several options to ensure that you remain eligible for ongoing coverage. The most common of these is COBRA coverage. Enacted in 1986, COBRA is a complex law that requires employers to make group health insurance benefits available to:   These benefits are available for at least 18 months from their termination date. Once you leave your job, you can wait up to 60 days before electing to receive COBRA benefits. If you miss this deadline, you’ll lose your opportunity to do so. It’s important to note that you’ll be responsible for paying the full cost of your COBRA coverage. If you leave your job temporarily, you may be able to continue receiving health insurance benefits until you return. If you’re on maternity or disability leave, your employer is required to continue to provide coverage under the Family and Medical Leave Act. You’ll continue receiving these benefits until a doctor clears you to return to work. However, you’ll become ineligible for continuing benefits after choosing not to return to work once you’re able to do so. Depending upon your employer’s policies, you may actually be on the hook for the health insurance premiums that your employer paid during your leave of absence. "
Will Homeowner’s Insurance Cover Damage to My Attic Caused by Snow?,"If you're like most homeowners, your homeowner's insurance policy is paid for with an escrow account administered by your mortgage lender. While you have complete control over your policy and are free to speak with a representative from you provider at any time, you may go weeks or months without even thinking about your homeowner's insurance coverage. Of course, you probably sleep easier with the knowledge that you won't have to pay out of your own pocket for certain damages to your home.  There are three basic types of homeowner's insurance policy. Unless you live in a disaster-prone area or own a new, expensive home for which your mortgage lender insists that you provide top-of-the-line coverage, you probably have a ""broad form"" policy that covers some or all of the costs associated with a wide range of potential problems. Most ""broad form"" homeowner's insurance policies cover the cost of cleaning up and repairing damages associated with sudden weather events, car-striking-house accidents, vandalism, theft, neighborhood explosions, riots and malfunctioning appliances. In general, this type of insurance policy covers most events that can reasonably be considered ""sudden"" or ""accidental."" Fortunately, rooftop snow and ice buildup generally meets this definition. Despite the fact that winter precipitation can build up on your roof over the course of many weeks and may only cause problems when it begins to melt or becomes particularly heavy in late winter, most homeowner's insurance providers will pay for structural damage or water-related issues that arise as a result. You'll be able to file a successful claim for problems ranging from a partially-collapsed roof to an electrical shortage caused by a persistent leak from your roof into your attic. However, you shouldn't automatically assume that your homeowner's insurance policy will cover the cost of cleaning up or repairing damage associated with excessive snow and ice buildup on your roof without first contacting your provider. Some providers consider such buildups to be preventable and may only pay for a small portion of the associated costs. Others specifically exclude homeowners who live in certain regions.  If you live in a snow-prone region that sees massive snows followed by sudden springtime melts, you may wish to check the fine print of your policy to determine whether you're covered. Common ""snow-prone"" locations that may be excluded from coverage include high terrain in the Sierra Nevada, snow belts near the Great Lakes, and arctic or subarctic locations in Alaska and northern Canada. "
Can an Employer Cancel Your Health Insurance while You Are Out on a Disability?,"The provision of health insurance is governed by a dizzying array of factors. If you have health insurance through your employer, there are pages upon pages of documents with which you must familiarize yourself in order to deal with unexpected situations. Health insurance is ruinously expensive to procure on the open market and counts as a significant operating expense for most American businesses. As such, you must recognize that your personal need for coverage is circumscribed by the simple fact that your employer is locked in a constant struggle to reduce the financial burden of providing insurance for its employees. So can an employer cancel your health insurance while you are out on a disability? If a sudden or chronic injury renders you temporarily unable to perform your job duties, you may qualify for temporary disability protection under the Family and Medical Leave Act. This federal law permits you to remain home from work or significantly reduce your job duties for a fixed period of time without jeopardizing your employment status. Under the terms of the FMLA, you won’t be terminated for sustaining an injury on or off the job. Further, you’ll be permitted to return to work in your former position once you’re healthy enough to work. Your leave will be controlled and supervised by a medical professional. In other words, you’ll qualify for FMLA leave only if your doctor judges that your injury renders you unable to perform your job duties. You’ll be able to return only if your doctor clears you to resume your former duties. While you’re on medical leave, you’re protected by several important federal regulations. Under most circumstances, the Family and Medical Leave Act will protect your health insurance benefits until you’re ready to return to work. Under the terms of your leave, your employer may not terminate your health insurance benefits simply because you’re unable to perform your job duties. Likewise, your employer can’t terminate your benefits simply because they’ve become a financial burden. Events that qualify for continuing benefits under the FMLA include: In addition, the Affordable Care Act prohibits your employer’s insurance provider from dropping you from its plan simply because you’ve developed a disability. Under the terms of the law, insurance companies can no longer drop their policyholders from coverage due to “pre-existing” conditions. However, you must return to work once you’ve been cleared to do so in order to continue receiving health insurance benefits. Otherwise, you’ll need to enroll in the federal COBRA program. "
Where Does a 1098-T Go on My Taxes If I Do Them Online?,"If you’re a student committed to financing your education out of your own pocket, the IRS’s Form 1098-T is a crucial component of your annual tax return. Before you can properly file your taxes, you’ll need to obtain your 1098-T and ensure that it’s included with the package that you send to the IRS. If you’re filing your taxes manually, this is easy. Your higher education institution is required to send you a Form 1098-T by the end of each February. Once you receive it, you’ll use it to fill out your tax return and retain the document for your records. Although it’s used by millions of hardworking American college students on an annual basis, Form 1098-T is often overlooked by tax preparation specialists. Most of the tax filers who use the form have relatively few assets and don’t often utilize in-person tax filing services. The form is simple enough to understand. It contains a written accounting of the exact value of the tuition payments that you’ve made to your school over the course of the past year. If you attended multiple higher education institutions over the course of the tax year, you’ll receive a Form 1098-T from each of them. The form also contains an account of all of the information that you’ve received from your college or university, Like: While these payouts don’t directly offset the tuition payments that you made to the institution, they’re important because they may have tax implications of their own. In certain situations, you may be required to claim these payouts as taxable income. Any scholarships or grants not specifically earmarked for education expenses like tuition fees and school supplies will almost certainly count towards your total taxable income for the year.  Now that online tax filing is prevalent, the protocols for Form 1098-T have changed slightly. The IRS still requires your school to send you the form by the end of each February. However, you may elect to receive the form electronically. If you choose to do so, you’ll want to print a copy for your records. If you file your taxes online, you’ll need to copy the information contained on your Form 1098-T into the appropriate box on your online tax return. You must make sure to transcribe the “debts” and “gains” figures onto your tax return accurately. If you make an erroneous transcription, you may face an IRS audit. "
What Happens to a Mortgage When Its Holder Dies?,"The value of a modern mortgage can be staggering. Depending upon the cost of the property for which the loan was obtained, the value of an individual mortgage can easily exceed $100,000. The value of some ""jumbo"" mortgages can approach $1 million. When a mortgage holder dies with a portion of his or her loan outstanding, the bank that underwrote the credit facility must ensure that it's repaid in a timely fashion or risk taking an enormous financial hit. If you're worried about becoming financially responsible for a loved one's mortgage payments, you'll want to keep a few things in mind. It's important to note that this situation occurs relatively infrequently. This is because most mortgages come with 30-year repayment terms. While three decades sounds like a long time, remember that most mortgage holders take out their loans when they're relatively young. A 30-year-old who takes out a 30-year mortgage will have the obligation paid off by his or her 60th birthday. According to recently-compiled life expectancy statistics, this is at least 20 years shy of the age at which a healthy American homeowner becomes likely to pass away. Of course, not every home buyer is only 30 years old. However, older home buyers tend to have greater reserves of savings with which to finance their purchases. A 50-year-old house hunter at the height of his or her career is far more likely to be able to afford a home than a 30-year-old at the bottom of the corporate food chain. As a result of this simple but powerful dynamic, it's relatively rare for a homeowner to die with a significant portion of his or her mortgage outstanding. When a homeowner dies with a balance remaining on his or her mortgage, the mortgage becomes a liability on his or her estate. If the homeowner carried a valid life insurance policy, the policy's death benefits may be sufficient to offset the remaining mortgage balance and pay off its underwriter. In fact, many supplemental life insurance policies contain specific provisions that provide guaranteed mortgage payoffs regardless of the amount of money required to settle the debt. In the absence of a life insurance policy capable of offsetting the mortgage's outstanding balance, it's likely that the mortgage lender will foreclose on the property. Once this has been done, the lender will sell the house and use the proceeds to settle the loan's balance for good. "
My Car Slid on a Patch of Ice and Crashed into a Guardrail. Will My Insurance Rates Go Up?,"The cost of car insurance depends upon dozens of factors. Your age, state of residence, previous driving history and many other data points will determine the exact amount that you'll be required to pay your insurer each month. In some cases, even the method with which you pay your premiums can affect your policy's cost: Many insurers offer discounts for customers who make single payments for multiple months of coverage. If you can afford to do so, consider paying for your coverage in six-month or one-year blocks. Unfortunately, most single-car accidents have an inflationary effect on insurance premiums. If you report such an accident to your insurance company, a record of the incident will be added to your file and will be incorporated into the company's annual reassessment of your policy. If it's the only accident in which you've been involved for several years, you may earn a reprieve from higher premiums. On the other hand, your insurer may deem the incident to be indicative of a pattern of reckless or negligent driving. This is especially likely if you've been involved in other accidents in the recent past. In this case, your premiums will almost certainly rise. Before you report the accident to your insurance company, you'll need to make an important judgment. The claims adjuster assigned to your case might argue that the accident was caused by your negligence. The poor weather conditions that contributed to the crash may actually encourage him or her to deny your claim outright. To support this judgment, he or she is likely to assert that you were ""driving too fast for conditions."" Even if the ice on which you slid wasn't visible before you struck it, your adjuster may argue that you should have assumed that ice would form in sub-freezing temperatures and adjusted your driving behaviors accordingly. This could have serious financial consequences. In addition to being forced to pay out-of-pocket for any repairs to your vehicle, your premiums will almost certainly increase as a result of your perceived negligence. As such, you may not wish to notify your insurance provider of a minor single-car accident that causes no personal injury or serious damage to your vehicle. However, you must report the incident to the police in the event that your vehicle damaged the guardrail. If you do so, you'll also have to make a report to your insurance provider and face the possibility of higher rates. "
Do I Have to Pay Income Taxes on a Life Insurance Payout?,"The U.S. Income Tax Code is complex and confusing. In most cases, the income that you earn is taxed according to your total annual earnings. In theory, the country’s tax laws are set up to favor workers with relatively low incomes over workers with relatively high incomes. Depending upon your annual earnings, your income will be taxed at one of several “marginal rates” each year. These rates can be changed by Congress and fluctuate on an occasional basis. Current tax rates for the top category of wage-earners are about 40 percent of total taxable income. For earners in the bottom bracket, this figure is about 10 percent. Certain types of “unearned income” are not considered taxable. When you receive unearned income, you must claim it as part of your gross income on your tax return. However, it won’t factor into the final calculation of your taxable income. In effect, the total amount of your unearned income will function as a deduction that may be applied to your gross income. Like a regular tax deduction, it will shrink the portion of your income that the federal government considers to be taxable. “Unearned income” may include unemployment benefits and court settlements. In most cases, life insurance proceeds also fall into this category of income. You generally don’t need to claim the income that you receive from a life insurance policy on which you’re named as a beneficiary. There is a notable exception to this general rule. A portion of the benefits that you receive through an employer-sponsored life insurance plan may be taxable under federal law. If you receive benefits from an employer-sponsored policy, you’ll be able to claim at least $50,000 of these as unearned income. Beyond that amount, you’ll have to pay taxes on any benefits that you receive. For instance, you’ll need to pay taxes on 87.5 percent of the proceeds that you receive from an employer-sponsored plan that carries a death benefit of $500,000. Before you assume that your life insurance benefits are not taxable, consult with your tax attorney or a tax preparation specialist. You should also check with your state’s revenue service. In certain areas of the country, there may be state-level exceptions to the “unearned income” rule that governs life insurance proceeds. For instance, your earnings may be subject to your state’s estate or inheritance taxes. The rates on these types of taxes can be quite high. If you’re like most life insurance policyholders, you’re committed to ensuring that your family remains comfortable and solvent after your death. Whether your life insurance policy is structured as a temporary “term” plan or a permanent “whole” plan, chances are good that you’ve purchased enough coverage to support your family for many years to come. Unfortunately, your premium payments might be acting as a drag on your short-term budget. Depending upon the size of your policy, your life insurance payments could add up to several hundred dollars per month. In order to reduce this burden, you might be thinking about claiming these payments as a tax deduction or business write-off. According to the IRS, private taxpayers and business owners are not permitted to claim their life insurance premiums as a tax deduction. This is due to the fact that life insurance benefits generally aren’t subject to regular taxation. Since the vast majority of life insurance beneficiaries aren’t required to pay taxes on the benefits that they receive, it would be redundant for the IRS to provide policyholders with a tax break. In effect, life insurance policies function like Roth IRA plans: Whereas their premium contributions can’t be subtracted from the policyholder’s taxable income, their benefits accrue on a tax-free basis. There are certain situations in which life insurance benefits may be taxable. For instance, a business that purchases an individual’s life insurance policy for investment purposes might be required to pay taxes on its eventual proceeds. In this special circumstance, the business’s principal might be able to claim the policy’s ongoing premiums as a business expense. If the policy results in a payout, its proceeds would remain taxable at regular capital gains rates. If the policy expires without issuing a payout, the principal might be required to pay back the entire taxable value of the deducted premiums. This is a rare, complicated tax situation. If you find yourself grappling with such a scenario, you should talk to a licensed tax professional to determine your exact tax liability. For private taxpayers, the benefits that accrue on unusually large employer-sponsored group term life insurance plans may also be taxable. If you hold such a policy, you may have to pay taxes on some of the contributions that you make on it. Likewise, the policy’s beneficiary will have to pay taxes on any death benefits that exceed the IRS’s $50,000 payout limit. If your policy pays out a benefit of $150,000, your beneficiary will have a tax liability of $100,000. "
How Do I Deposit Money Into My PNC Account when the Bank Is Closed?,"PNC is one of the nation’s largest and most prosperous retail banks. It operates thousands of branches across the country and maintains a robust network of loan officers and bank tellers. If you have a PNC deposit account and you wish to know how to perform certain account-maintenance tasks, the company also provides a toll-free hotline staffed with trained representatives. Unlike some smaller institutions, its call center is a dedicated facility that deals exclusively with PNC customers. It’s located in the United States and remains open late into the night. Unfortunately, PNC’s call-center representatives can’t remotely process an after-hours deposit. To add funds to your PNC account after your branch has closed, you’ll need to use one of the institution’s remote-banking services. Most PNC customers who wish to make after-hours deposits visit one of the bank’s dedicated ATMs. There’s a dedicated ATM located in the vestibule of every PNC branch in the country. If you’re not near a branch, you may be able to find an ATM with a prominently-displayed PNC logo at a convenience store or in a popular public area like a student union or the lobby of a major commercial building. In most cases, these ATMs are located in secure, high-visibility locations and are brightly lit after dark.  You can use PNC ATMs to make: You’ll need your debit card to complete the transaction. Once you insert your card into the machine, you’ll need to enter your PIN and follow the prompts until you’re asked to insert your deposit. Since you may need to encase your deposit in a sealed envelope, be sure that this machine can dispense envelopes before proceeding with your deposit. Be sure to endorse your checks and correctly tally your total deposit amount on the envelope. If you don’t have access to a PNC ATM or can’t use one because you’re unable to locate your debit card, you may still be able to make your deposit. All PNC branches sport night-deposit boxes for businesses and individuals who wish to make after-hours deposits. This is your only option for depositing cash into your account without the aid of an ATM. However, you’ll need to place your deposit into a deposit bag that includes a deposit slip with your account number on it. If you can’t procure either of these items, you won’t be able to make your deposit using a night-deposit box. "
Does Your Car Insurance and Registration Have to Be Under the Same Name?,"In most cases, the owner of a vehicle will insure it in his or her name. This is a practical and logical arrangement. It guarantees that the person who has a financial interest in the vehicle’s continued existence also enjoys the benefits of its insurance policy. However, there are a few circumstances in which the owner of a vehicle may not wish to insure it in his or her name. This often occurs when the vehicle’s owner is not its primary driver and does not wish to pay for insurance coverage on it. In most jurisdictions, it’s perfectly legal for an individual to insure a vehicle in his or her name without actually owning the car. However, some individual insurance companies may refuse to underwrite a policy on a given vehicle without the explicit consent of the vehicle’s owner. Some companies may even require that the name on the car’s title matches the name on its insurance policy. This is to minimize the possibility that the vehicle will be used in a manner that violates the terms of its coverage. For instance, a parent might permit his or her college-age daughter to use a family vehicle under the condition that she insure it in her name and pay the policy’s monthly premiums. This policy is likely to be initiated in the state in which the car is registered. However, the girl might travel a significant distance from home to work or attend college without re-insuring the vehicle in her new location. As such, she might implicitly violate the terms of her insurance policy. Rather than deal with this headache, some insurers prefer simply to deny coverage in this situation. Insurers that do choose to initiate coverage in such a situation are likely to charge higher premiums to offset their perceived risk.  It’s important to remember that anyone who drives a given vehicle on a regular basis must be listed as a driver on its insurance policy. This is true regardless of the identity of the vehicle’s owner. A driver who lives in a household with multiple other licensed adults must be sure to list all of his housemates as active drivers on his vehicle’s insurance policy. In certain situations, auto insurance providers might be more lenient. For instance, insurers often permit business owners to obtain personal insurance policies for vehicles titled to their LLCs or S-corporations without levying penalty premiums. To learn more about car insurance, you can also check out What does comprehensive coverage on auto insurance mean? "
How Many Americans Really Do Not Have Health Insurance?,"Healthcare provision is a contentious issue with numerous ramifications for public policy on both the state and federal levels. Recent legislative battles over the American healthcare system culminated in the passage of the Affordable Care Act. This sprawling new law was intended to make health insurance more affordable and widely available.  While it did not establish a ""single-payer"" healthcare system modeled on the nationalized insurance providers found in some other developed countries, the Affordable Care Act did create a ""mandate"" intended to compel private citizens to obtain health insurance. Under the Act, most Americans will continue to secure health insurance through their employers or fraternal organizations. Others will continue to purchase single plans on the open market. However, Americans who don't currently carry health insurance will be required by law to obtain it in some form. The federal government reserves the right to fine certain private citizens who choose not to buy health insurance. While it's difficult to gauge the exact number of Americans without health insurance at any given moment, most credible sources place this figure at between 40 and 45 million. In other words, one American in seven lacks even basic health insurance coverage. Many consumers who do carry health insurance may do so through discount policies that don't provide adequate coverage in certain situations. These policies may have high co-pays for basic services or medicines. They many not cover emergency-room visits or cover most of the cost of ""catastrophic"" illnesses that require lengthy hospital stays. They may have a patchy network of primary-care physicians and medical specialists. According to some estimates, nearly 40 million Americans have ""inadequate"" health insurance. Due to the complexity of the nation's healthcare system, the effects of the widespread lack of adequate health insurance coverage are difficult to quantify. Some groups claim that nearly as many Americans are killed by poor health insurance coverage as by incidents of medical malpractice. By more sober estimates, over 20,000 people die each year as a direct result of inadequate insurance. Historically, ""charity"" or public hospitals have shouldered the burden of providing essential medical care for Americans who lack health insurance. However, many of these hospitals are being purchased by private medical systems or closing down due to age or inadequate streams of funding. As more Americans use the Affordable Care Act to procure health insurance, this trend may accelerate. Medical care for the remaining population of uninsured Americans could become even more elusive. "
Should I Use TurboTax Freedom Edition?,"These days, most American taxpayers choose to file their taxes online or with the help of professionally-designed computer software products. There are dozens of tax-filing programs that exist both in the cloud and in ""hard"" form. These programs can be purchased on their issuers' websites or in stores that sell common software products. They tend to be less expensive and potentially less time-consuming than most tax preparation specialists.  However, they may not be ideal for high-income filers. Taxpayers who earn the bulk of their income from investment vehicles that bear interest or produce capital gains prefer to hire tax specialists to ensure that their filings comply with IRS regulations. Some even choose to hire tax attorneys to tease out the tax implications of certain activities. These professionals specialize in minimizing their clients' overall tax liabilities. Nevertheless, cloud-based tax filing software is sufficient for most middle-income filers. If you're looking for a filing program that fits your needs, you may wish to consider TurboTax Freedom Edition. Don't confuse Freedom Edition with TurboTax's similarly-named ""Free Edition."" These products are clearly distinct from one another. As its name suggests, TurboTax Free Edition provides free federal tax filing services for users with relatively simple tax burdens.  If you're a single-income earner with few credits or deductions to claim and little in the way of investments or property, Free Edition might be adequate for your purposes. The program allows you to file IRS Form 1040-EZ quickly and immediately calculates your estimated refund or liability. If you're entitled to a refund, it sets up a direct-deposit arrangement with the IRS and notifies you when your refund is on its way. Unfortunately, Free Edition doesn't provide free state tax filing services. TurboTax charges $25 to $30 for every state tax return filed using this program. Free Edition also isn't equipped to handle tax situations that can't be described using Form 1040-EZ. If you own your own home or maintain a sizable investment portfolio, you should use Freedom Edition. In most cases, this product costs less than $50 per use and offers many of the services that an in-person tax specialist typically provides.  However, it does have some drawbacks. If you're a returning TurboTax customer, Freedom Edition won't allow you to ""import"" the income and tax information that you entered in prior years. It may also be inadequate for complex tax circumstances. If you own your own business, you should consult an experienced tax professional. "
What Is the Best Life Insurance Company to Work for with Great Commission?,"The American life insurance industry is comprised of nearly 1,000 individual companies. Collectively, these outfits are responsible for a national portfolio of outstanding life insurance policies worth over $18 trillion. Of course, most of this floating portfolio is comprised of term life policies that will expire worthlessly. Much of the rest is made up of whole or universal life insurance policies that produce interest and dividend income for their issuers. Many whole life insurance company issuers earn tidy sums from these policies. The country’s life insurance industry directly employs tens of thousands of people and is responsible for hundreds of thousands of other jobs. Since many major life insurance issuers also sell other forms of insurance, it’s difficult to quantify the exact number of “life insurance” agents working at any given time. These major employers are responsible for many of the cushiest entry-level positions in the industry. Some publicly-traded providers offer generous compensation packages that include solid health and retirement benefits. After a typical probationary period, direct-selling agents may earn handsome commissions on the policies that they originate. Most of the companies that offer such benefits are mature, established firms with recognizable names. Allstate, State Farm, and Northwestern Mutual are reputable insurance providers that pay competitive salaries and commissions. As larger concerns, these companies have well-defined corporate hierarchies and tend to promote from within. Competent agents tend to earn regular promotions and may eventually occupy positions of relative importance. In addition, these companies’ reputations may help smooth the way for agents who wish to change providers or careers. Across the industry, managers and executives generally respect Allstate, State Farm, Northwestern Mutual, and other similar companies. Former agents from these companies may transition easily into high-ranking positions at smaller or younger life insurance providers.  Are Life Insurance Benefits Taxable? Other life insurance providers offer: However, these outfits tend to make up for these shortcomings by paying competitive commissions and offering generous “overrides” for management-level employees. The corporate culture at these companies tends to be competitive and individualistic. While some experienced agents who transfer from other companies may thrive in cutthroat environments like these, most find such competition distasteful. Successful life insurance providers that operate in this niche often hire young agents willing to work long hours for low starting salaries. Primerica Financial is well-known for taking this approach. To boost employee morale and retain talent, this company offers generous override packages to its “team leaders.” "
How Do I Find a List of Doctors Who Take Amerigroup Health Insurance?,"As the cost of medical care continues to rise and millions of new high-risk patients enter the insurance market, it's becoming increasingly difficult for healthy individuals to find low-cost health insurance. If you're lucky enough to have access to an affordable Amerigroup health insurance plan, you have a range of primary-care providers and specialist doctors at your disposal. However, you'll still need to spend time researching each of these providers to ensure that they accept your particular plan without restriction. If you live in a densely-populated area, you stand an excellent chance of finding a local doctor who will do so. You can find your doctor in one of several ways. First, you can call Amerigroup using the contact number in your plan documents. If you've been provided with a local phone number in addition to the company's national hotline, call the local number first. You're likely to be connected to a representative who's familiar with your local medical community and can give you off-the-cuff directions and tips.  If you haven't been provided with a local number, call the national hotline. Depending upon the time of day at which you call, you may have to wait on hold for a few moments. To avoid competing with other customers for the attention of the company's call center representatives, try to make your call in the middle of the morning or afternoon. Avoid calling during the lunch hour or early evening. Alternatively, you can mail a request for a list of providers in your area to the contact address printed on your plan documents. Of course, the list may take several days to appear in your mailbox. You can also conduct an Internet search for a nearby provider through Amerigroup's proprietary website. Amerigroup allows you to search for in-network doctors by geographical area, medical specialty and Medicare or Medicaid eligibility. If you're looking for a general practitioner, it may be best to search by area. If you're willing to travel a significant distance to meet with a well-regarded specialist, search by specialty instead. If you require the services of a doctor who can bill you through Medicare or you currently participate in a state Medicaid program, you'll need to conduct your search according to those criteria. In any event, you'll receive the contact information and office location for each in-network doctor that your search uncovers. Use this information as the basis for further research. "
"If My Employer Reimburses My Tuition and then Issues Me a 1099, How Do I Reflect This on My Tax Return?","Many employers offer tuition reimbursements for under-educated employees interested in qualifying for better-paying jobs or learning more about specific job-related skills or techniques. Unfortunately, relatively few employees take advantage of these benefits. This is partially the fault of employers. While most American businesses receive generous subsidies and tax breaks to provide tuition assistance for certain employees, many companies simply don’t publicize these educational opportunities. In other cases, the fault may lie with employees who prefer not to “work” over time to learn new skills. Workers with grueling jobs often have little appetite for demanding night classes that can meet three or four times per week. If you’ve taken advantage of your employer’s tuition reimbursement program and received a Form-1099 to account for this extra “income,” you’ll need to keep a few things in mind. First, the reimbursements that you received through your employer’s program count as “unearned income” for tax purposes. “Unearned income” is reported on line 21 of your Form 1040. In addition, you can add the full value of each credit that you took under your employer’s plan to the “Lifetime Learning Credit” to which each taxpayer is entitled. This is a tax credit designed to offset tuition payments associated with stand-alone higher-education classes taken outside of the purview of a traditional degree program. However, this credit may also be used to offset the cost of credits taken within certain “continuing-education” degree programs as well. If you’re over a certain age, it’s likely that you’ll be able to claim all of your education costs under this credit.  In certain circumstances, you may be exempt from paying any reimbursement-related taxes. Depending upon the amount of educational assistance that you received from your employer, the IRS may consider this unearned income to be completely tax-free. The federal limit for such a tax-free reimbursement designation fluctuates from year to year. As of the most recent tax year, this limit was set at about $5,500. If your employer designates the tuition reimbursement as an “employee benefit” of your position, it may also be exempt from taxation. Such a benefit might be included in your employment contract or in the “employee handbook” that you received at your post-hiring orientation session. In order for the IRS to accept this “employee benefit” designation, you and your employer will have to prove that the instruction that you received either maintained or enhanced your job-related skills base. "
"If I File Independent on My Taxes, Can My Parents Still Provide Me with Health Insurance?","One of the biggest changes wrought by the new Affordable Care Act is the newfound ability of parents to include their adult children in their healthcare plans. While most consumers are aware of this new rule, it remains shrouded in uncertainty. Many folks are unsure whether the rule applies to all individuals under the age of 26 or merely financially dependent adult children who are still being claimed as such on their parents’ tax returns. In fact, many financially independent adult children without access to affordable health care of their own are waiving their right to coverage because they assume that the new law does not apply to them. This course of action is not advisable. In most circumstances, the new federal law requires health insurance providers to provide coverage for any child under the age of 26 provided that a parent attaches him or her to an existing health insurance plan. This is true for: After 2014, insurance companies will be required to provide coverage under this rule to virtually any young adult who requests it. They will no longer be able to deny coverage to children with pre-existing health conditions. This new rule is not designed to provide young adults with a “free ride” on their health insurance coverage: These dependent children must pay the full cost of coverage on their parents’ plans. If they can’t afford to do so, their parents must pick up the cost of coverage.  A “grandfather” clause in the Affordable Care Act creates a notable exception to this rule. Group insurance plans that existed before March of 2010 and have not been updated to reflect the Affordable Care Act’s changes may be exempt from the law’s new dependent-child coverage rule. Parents who have belonged to one of these group plans for years may not be able to use them to cover their adult children. Can I Be a Non-Dependent and Still Remain on My Parents’ Health Insurance? However, insurance companies may claim this exemption only when the dependent child in question demonstrates an ability to find group health insurance elsewhere. In other words, he or she must be able to secure insurance through his or her employer or educational institution. If the child lacks access to other forms of group insurance and would be forced to purchase expensive single-coverage insurance, the grandfathered plan must agree to cover him or her. Failure to do so would represent a breach of law on the part of the grandfathered insurer. "
Student Loan Payment Question: Will My Taxes Be Taken?,"The cost of tuition at the country's private universities is increasing by 5 to 8 percent each year. Public universities have the same problem: At some state universities' flagship campuses, tuition has more than doubled since 1990. The cost of so-called ""room and board"" has risen in similar fashion as well. The vast majority of American college students now require some form of financial support to cover their higher education expenses.  It's true that some especially promising students are able to pay their way through school using ""merit-based"" grants that cover their education costs in the hopes that they'll pursue post-graduate academic careers. Meanwhile, the cost of tuition can be waived entirely for student athletes at institutions that belong to the Division I and Division II athletic conferences. It's important to remember that neither of these situations is especially common. In the majority of cases, students receive financial aid in the form of state, federal or private loans that must be repaid after graduation. If you attended college within the past two decades, it's likely that you have at least one student loan to your name. If these loans are adversely affecting your financial health and hampering your ability to provide for your family, you might be thinking about taking drastic measures to get your finances in order. Before you choose to stop making payments on your student loans, think about the consequences of this course of action. While they're not technically ""secured"" by a tangible asset like a piece of real property or a motor vehicle, student loans can't be discharged in bankruptcy. Federal law permits student lenders to recoup their losses on delinquent loans using a variety of harsh tactics. If you owe significant balances on your outstanding student loans, you may have to field angry calls from your lenders' collection-agency partners or respond to threatening letters or e-mails on a daily basis. You may also have to deal with wage and tax-refund garnishments. Unfortunately, these activities are perfectly legal. If you're seriously delinquent on your student loans and your lender determines that you'll be unable to repay your current balances in a timely fashion, your tax refunds may be seized on an annual basis. This may continue until your debts have been satisfied or until a judge demands that the seizures cease. You may be able to secure a temporary reprieve from these collection activities by declaring bankruptcy. "
How Do I File Taxes When I Am Paid Cash?,"Whether you’re paid by payroll check, direct-deposit transfer, or cash, you’re legally obligated to pay federal and state income taxes. While some business owners choose to pay their employees in cash to avoid paying some of their payroll taxes each year, this is a risky practice with serious financial consequences. Likewise, many employees who earn tips or receive a portion of their wages in cash may under-report their earnings. Some even fail to report their earnings altogether. This illegal practice also has serious consequences. So, how do I file taxes when I am paid cash? If you own your own business and receive most of your revenue as cash, you’ll need to hire an accountant to help you set up an appropriate tax arrangement. Depending upon the size of your business and the scope of its dealings, you’ll need to incorporate as an: There are benefits and drawbacks to each course of action. If you’re a “tipped” employee and earn the bulk of your wages in cash, you’ll need to ask your employer how best to report your taxes. Most restaurants have a computerized system that will allow you to enter the number of cash tips that you wish to “claim” as taxable. You’ll repeat this operation before the end of each of your shifts. If you earn tips as a valet parking attendant or golf caddie and have no facility for claiming your tips electronically, keep track of your cash earnings over the course of the year and write the total amount on your Form 1040 when you file your taxes for the year.  Do You Have to Pay State or Federal Taxes on Money Received from a Life Insurance Policy? If you earn all of your wages in cash and don’t receive a W-2 form from your employer, you’ll need to request a 1099-MISC form from your employer or contract provider at the end of the tax year. You’ll use this 1099-MISC to claim income that you received as an independent contractor or earned as interest or dividends. Your employer or contract provider must keep track of the amount that they pay you over the course of the year. The IRS levies harsh penalties on businesses that fail to report 1099-eligible payouts of more than $600 to individual employees. If you don’t receive a 1099-MISC from your employer by the middle of February following the end of the tax year in question, contact the company and ask for one. You may need to remind your superiors of the consequences of not filing taxes. "
Can I Claim My Parents as Dependents for Health Insurance and Tax Purposes?,"The cost of health insurance increases with each passing year. If you're lucky enough to have a robust health insurance policy through your employer, union or educational institution, you're probably happy with your current arrangement. However, your loved ones might be jealous of the security net in which you're enveloped. If you're the only person in your family with health insurance coverage, you may be able to use your policy to obtain coverage for some of your relatives.  Unfortunately, current laws limit the means by which you can do this. In addition, adding new people to a health insurance plan can be surprisingly expensive. Before you agree to add family members to your policy, take the time to get a good sense of their healthcare needs. Even if they appear to be healthy, they may have pre-existing conditions or injuries that require ongoing medical treatment. Such conditions could dramatically raise your total insurance costs. For instance, a family member with well-controlled diabetes could raise your premiums by 50 to 100 percent. A family member with a chronic condition like multiple sclerosis or lupus could raise your premiums by even more. In order to determine the cost of insuring additional family members, you'll need to talk to your group insurance provider. If you receive insurance through your employer, you'll have no choice but to secure additional coverage from this company. Most group health insurance providers frown upon clients who take out supplemental policies. In fact, such a move could be grounds for your removal from the policy. If you have single-coverage health insurance, you're free to solicit quotes from other providers as well as your current insurer. Be prepared to devote a significant amount of time to the research process. Finally, you'll need to determine the eligibility of each of your relatives. In most cases, you'll only be able to add your spouse and ""qualifying"" dependents to your plan. You probably won't be able to add your parents or adult siblings. However, it's important to note that most insurance companies don't impose age restrictions on these guidelines. If you can claim your parents and siblings as dependents, you may be able to add them to your policy. In order for this to work, you'll need to demonstrate that your parents and siblings are reliant on you for financial and social support. Since this requires a relatively high burden of proof, you might have difficulty doing so. "
"Do I Have to File Taxes If I Made Less Than $10,000?","The United States has a complicated tax code that uses an income-based sliding scale to determine a taxpayer’s effective tax rate. While there are hundreds of factors that go into a standard calculation of tax due, it is generally the case that tax rates increase in proportion to income. Therefore, would I have to file taxes if I made less than $10,000?  A series of “tax brackets” defines the exact tax rates on “regular income,” which includes salary and wage payments, for individuals at varying levels of the income scale. Married taxpayers in the highest bracket must earn a minimum of $195,000 while single filers must earn about $389,000. The tax rate for individuals who qualify for inclusion in the top bracket has ranged between 35 percent and 40 percent of income in the recent past. Conversely, married individuals in the lowest tax bracket must earn no more than $17,500 while single taxpayers must earn less than about $8,500. The tax rate for individuals in the lowest bracket is currently 10 percent of income. These “marginal rates” provide a baseline for income tax calculations. In practice, most taxpayers end up paying far less than what they’d owe according to their marginal rates. There are hundreds of deductions and credits that savvy taxpayers can use to lessen their tax burdens by significant amounts. Many of these tools favor affluent taxpayers. For instance, anyone who owns a home can use the “mortgage interest deduction” to write off the accrual of interest on their home’s mortgage. Likewise, deductions and credits related to charitable giving can be used to offset thousands of dollars of income.  How Far Back Can You File Taxes? Extremely wealthy individuals may use foreign “tax havens” or “shelters” to shield significant portions of their assets from tax collectors. These countries have favorable tax codes that permit non-citizens to own property, bank accounts, or other assets there without paying taxes to their home governments. Low-income individuals and families may have certain deductions and credits available to them as well. The most popular of these is the Earned-Income Tax Credit. Designed to help working parents write off a portion of their income to help cover the cost of: This credit typically applies to individuals in the lowest two tax brackets. If you earn less than $10,000 per year, you don’t have to file a tax return. However, you won’t receive an Earned-Income Tax Credit refund unless you do file. "
How Do I Put the Funds from a Verizon Visa Rebate Card into My Bank Account (Online)?,"Rebate debit cards are a growing source of funds for cash-strapped cellphone users. They’re also a major new source of revenue for cellphone providers. Unlike the old-fashioned rebate checks that customers could cash or deposit into their general discretionary-spending funds, these high-tech devices enable big businesses to re-capture some of their rebates outlays. Consumers who receive rebate cards from their wireless providers are more likely to return to the provider’s retail outlet or website to shop for: Some rebate cards may even come with gift catalogs or buying guides. Wireless providers count on re-earning a significant proportion of the rebates that they issue.  How Do I Remove Someone’s Name Off of a Joint Bank Account? Most wireless providers, including Verizon, send rebate cards via standard mail. Since these products are backed by Visa’s electronic payment system, they can be used at virtually any business that accepts Visa products. This is a significant advantage of these rebate cards: They are nearly as flexible as actual cash. Unfortunately, Verizon’s Visa rebate debit cards come with some drawbacks as well. First, they can’t be used for any part of a transaction worth more than the balance remaining on the card. In other words, a Verizon rebate card with a $30 remaining balance can’t be used to subtract $30 from a $40 sale bill. To complete such a purchase, you’ll need to use a different method of payment. In practice, this means that you can’t maximize your card’s value by using it solely as a form of payment. Unless you’re extremely meticulous, your card will have a balance remaining on it when you cast it aside. These cards may carry monthly maintenance fees. To avoid being charged for the right to use your rebate device, you’ll need to drain it within a month of receiving it. You also may be unable to split a restaurant bill with a prepaid card. Finally, your rebate card may carry transaction authorization fees that further hinder its spending power. For all of these reasons, you’ll want to transfer your rebate card’s balance into your bank account soon after receiving it. Although they won’t be happy about it, Verizon’s customer service team can walk you through the process of depositing your rebate into your bank account. You’ll need the PIN number on your card to complete this process. Alternatively, you can request a rebate check from Verizon’s rebate department before receiving your card in the mail. "
My Wages Are Being Garnished for a Federal Student Loan. Will They Take My Tax Refund Also?,"Although they're not secured by a home, vehicle or other valuable asset, student loans are governed by a different set of rules relative to other forms of unsecured debt. Whereas credit card debts can be forgiven during the bankruptcy process, student loans must be paid in full almost without exception. As a former student suffering through a temporary financial rough patch, you may be able to negotiate an installment plan for the repayment of the remainder of your student loan balances. However, your lender is under no obligation to grant such a request. To work out such a plan, you'll need to prove that your income stream has been interrupted or severely curtailed. After years of underemployment, your crushing burden of student debt may push you into bankruptcy. The bankruptcy process may provide you with some financial breathing room by forgiving the bulk of your unsecured debts, including any outstanding medical bills, personal loans and credit card bills. In theory, this should free up sufficient capital for you to resume paying back your student lenders in a timely fashion.  You'll only be able to secure the discharge of your student loans in bankruptcy by claiming an ""undue hardship."" In legal terms, this signifies that you have become unable to make your monthly student debt payments and anticipate being unable to do so for the foreseeable future. This is generally due to reduced work capabilities caused by a permanent physical disability or mental health issue. Your bankruptcy judge may also grant an ""undue hardship"" designation after determining that you have reached your ""lifetime earnings ceiling."" In other words, your judge must determine that you have reached an age at which you can't reasonably expect to earn more from your current occupation and may be unable to switch to a more lucrative career. If you're unable to continue making timely student loan payments but aren't willing or able to declare bankruptcy, your lenders may choose to garnish your wages on a weekly basis. In certain circumstances, they may also be able to appropriate your annual tax refunds. If your loan was underwritten by your state's government, its issuer may seize the full amount of each successive state tax refund to which you're entitled until the loan has been paid in full. Likewise, lenders of federally-underwritten loans may seize your federal tax refund. Your lenders must notify you of the appropriation in writing. "
How Much Does It Cost to See a Gynecologist Without Health Insurance?,"Like most other medical professionals, gynecologists earn hundreds of thousands of dollars per year and may employ handfuls of workers in support positions. For a typical gynecologist’s office, the expenses associated with testing supplies, technical equipment, and fixed overhead costs can be significant. Since the services that gynecologists provide are essential to the health of one-half of the world’s population, these professionals are also in extremely high demand. Many overworked gynecologists have already stopped accepting new patients while many other established professionals report months-long appointment backlogs. As both the quality and coverage of prenatal care and basic gynecological services continue to improve, demand for gynecological services will only increase. Unless the professional makeup of each successive class of new doctors changes radically, the ratio of practicing gynecologists to patients may fall even further. While gynecologists earn comfortable salaries, other medical specialties are even more lucrative. These days, most graduating medical students vie for coveted positions in highly-specialized fields like: Depending upon where they practice, some neurosurgeons may earn annual salaries north of $1,000,000. As such, it’s difficult to find an affordable private gynecologist. If you lack health insurance or carry a budget plan that doesn’t fully cover gynecological exams, you should expect to pay at least $125 for a basic office visit that includes a pap smear and pelvic exam. If you require additional services or tests, this fee will increase accordingly. While you won’t have to pay upfront for your service and may enjoy a billing grace period of up to two months, you’ll eventually be held accountable for the cost. After your grace period has expired, your balance will begin to accrue interest. As medical debts are a major cause of financial problems for young people who lack insurance, you’ll need to pay promptly in order to avoid unpleasant consequences in the future.  How Much Is a Visit to the Dermatologist without Health Insurance? If you expect this debt to cause financial hardship, talk to your gynecologist’s billing office before receiving your bill. Depending upon your circumstances, they may be willing to work out a payment plan. If your gynecologist is a member of a larger healthcare company or works in a large practice that uses a centralized billing service, you’ll almost certainly be able to pay in installments. You can avoid private-practice prices altogether by sourcing reduced-cost gynecological services from Planned Parenthood. These may cost under $75 per visit and can be paid in installments. "
Can You File Your Taxes Online Using Your Last Pay Stub from December?,"Although you won't have to present them to a tax preparation specialist in person, you're still required to retain certain essential income-related documents when you file your taxes online. Chief among these is the W-2 form that your employer must mail to you at the end of each tax year. This form contains important information about your total annual earnings and the amount of tax that your employer has already withheld for the year. Without these figures, you won't be able to complete your tax return properly. Your employer is required by law to mail out your W-2 form for the previous year by January 31st. To allow for postal hang-ups, the IRS observes a ""grace period"" of 15 days during which an employer can't be held accountable for missing W-2 forms. This means that you're eligible to file a complaint with the IRS and take corrective action against your employer on or after February 15th. In practice, you may not need to wait until the second month of the year to seek out your missing W-2 form. You're entitled to check with your employer's home office to determine the status of your W-2 form. If you live nearby, you can simply travel to the office to make an inquiry in person. By making your impatience apparent, you may be able to secure a copy of your W-2 early. If logistical hurdles prevent you from obtaining your W-2 form in person, you may be able to file your taxes using your final pay stub from the applicable tax year. Since this stub has cumulative income and withholding figures, you'll be able to provide your online tax preparation guide with these relevant pieces of information. However, you'll need to obtain your employer's unique Employer Identification Number. Since this isn't typically printed on your pay stubs, you'll need to request it directly from your employer or conduct an online search to find it. If you provide the IRS with an incomplete or incorrect Employer Identification Number, your return's processing period may be lengthened and your chances of being audited may increase. Once you have this information, you can fill out your tax return. Be sure to include the exact figures for your Medicare and FICA withholding taxes as well. You'll also need to submit several additional forms to the IRS. These include the agency's Substitute for Form W-2 and IRS Form 4852. "
What Is the Statute of Limitations for an Arrest Warrant for DUI in Iowa?,"While most DUI arrests occur at the scene of the accident or traffic stop that involved the impaired party, some occur long after this inciting incident. In many cases, impaired drivers are successfully able to avoid taking responsibility for their actions. For instance, impaired-driving accidents that occur in rural areas late at night may not attract the attention of law enforcement officials for hours or days. While there might be ample evidence to identify the driver of a car involved in a single-vehicle late-night accident that appeared to involve alcohol, this time lag may provide the suspect with an opportunity to avoid contact with law enforcement. In these cases, an arrest warrant may be issued for the offending driver once he or she has been positively identified. Most of these warrants are executed promptly as car-less suspects tend to remain at home for days following alcohol-related vehicular crimes. However, it's not uncommon for suspects to flee the jurisdiction in which the incident occurs and never return. Since DUI convictions can have serious legal and personal consequences, many suspects choose to live as fugitives rather than fight losing court battles over these charges. In rare cases, DUI suspects may escape the attention of local law enforcement agents for years without ever leaving the area in which the incident occurred. These suspects may even be unaware that there's an active warrant out for their arrest. Whether they don't recall the impaired-driving accident or assume that their identity was never positively determined, they may go about their daily routine with no reservations. It is rarely prudent to become a fugitive from the law. Most outstanding arrest warrants are eventually executed. Once a fugitive has been captured and charged in person with the crime for which the warrant was issued, they'll have to face some other charges related to their flight. These can be quite serious and carry stiff additional penalties. Worse, former fugitives are typically considered flight risks. They may be denied bail for the duration of their criminal proceedings. If they're convicted, they typically face longer sentences and harsher restrictions on their movements. In Iowa, there is no statute of limitations for a DUI arrest warrant. As long as a record of the warrant exists in the statewide criminal database that the Iowa State Police and some local law enforcement agencies use, fugitives in active DUI cases may be arrested at will. "
What Happens If a Police Officer Does Not Show Up for a DWI Hearing?,"When you elect to fight a traffic citation in court, you’ll be given a firm hearing date on which you’ll be able to stand before a judge and argue your case. Your hearing will have certain adversarial qualities. Pitting your testimony against that of the officer who wrote your citation, you’ll attempt to convince the judge that the officer erred in issuing your ticket. The officer in question will present his or her justification for issuing that ticket. In the end, the presiding judge will determine who is in the right. If you make a convincing case for why you should not have received your citation, you’ll likely be absolved from any wrongdoing and the fine will be waived. If you fail to sway the judge, nothing will change.  Can I Start DUI Classes Before My Court Date? You carry a major trump card as you go into this process. If the officer who issued your citation fails to appear at your hearing, the presiding judge will dismiss your case. In many jurisdictions, citing officers habitually miss these hearings. For instance, a recent study found that citing officers appear at fewer than one in five traffic hearings in the city of Atlanta. Unfortunately, DUI cases are held to higher standards than run-of-the-mill traffic violation cases. While the details of your case may vary according to the laws in your jurisdiction, you can expect certain events to occur during the course of your DUI case. If your arresting officer misses your initial hearing, your case won’t be dismissed out of hand. Instead, the presiding judge will subpoena your arresting officer on an “on-call” basis. In other words, he or she will be required to appear at your hearing when it occurs. Many states require DUI hearings to occur within a 10-day “trailing window” that works within the constraints of the officer’s schedule. If the officer can’t appear during this pre-determined time frame, your case’s prosecuting attorney may request a “good faith” continuance that delays the hearing until the officer can appear. While such a continuance may be issued for any number of reasons, it’s most often granted after the arresting officer has been injured in the line of duty or placed on paid administrative leave. After he or she returns to active duty, your hearing will continue as previously scheduled. Unless your case’s prosecuting attorney fails to file for the continuance, it’s unlikely that your charges will be dismissed. "
Should I Get a Public Defender for My First DUI?,"Regardless of where you live, you need to take your DUI charge seriously. If you're convicted of a DUI, you're likely to lose your license for a period of up to a year and face a slew of fines and fees that may end up costing you thousands of dollars. Although your prison sentence is likely to be suspended, you'll still need to serve a term of unsupervised probation that may last as long as five years. You'll have to take driver-retraining classes and may even need to enroll in an alcohol treatment program.  Once your conviction is a matter of public record, the cost of your car insurance will skyrocket and remain elevated for as long as the charge remains on your driving record. In most states, this means that you'll be paying through the nose for insurance for at least three years. Since a DUI is a criminal offense as well as a civil infraction, your conviction will appear on your ""permanent record"" unless it's expunged by a judge. Law enforcement agencies, government bodies, creditors and potential employers that conduct background screenings on your name will learn of the incident. This could have serious implications for your ability to obtain a mortgage, purchase a firearm, and get certain kinds of jobs. In other words, even a first-offense DUI conviction can cause serious long-term headaches. While some DUI defendants choose to save on legal costs by self-representing or using a public defender, this course of action often produces sub-optimal results. Public defenders tend to be overworked. The public defender with whom you're provided may be working on several cases at once and may seem harried during your one-on-one meetings.  Worse, he or she may not appear interested in the specifics of your case. This ambivalence is a natural consequence of the fact that public defenders must defend large numbers of clients who can't afford private representation. Your public defender may be more interested in moving your case along than in securing a favorable outcome. On the other hand, a private attorney is likely to be fully invested in your case. You'll be paying them a significant premium over the typical public defender's salary. Depending upon where you live, the total cost of a top-notch lawyer in a typical DUI case may range from $1,000 to $3,000. If you can beat the charges entirely, this may be worthwhile. "
I Have a Second Mortgage That Has Been Charged Off But They Won’t Release the Lien on the House,"Second mortgages introduce a major wrinkle into the bankruptcy process. Since they are secured loans, the lenders who issue them are entitled to a claim on the underlying piece of real property. This can bring second-mortgage lenders into direct conflict with primary mortgage lenders. In theory, both primary and secondary mortgage lenders can be satisfied by the bankruptcy process. Borrowers typically take out a second mortgage when they're struggling to keep up with their current portfolio of debt obligations. These credit products are often used to pay down part of a primary mortgage or to zero out the balances of existing high-interest unsecured debts. Although both loans are secured by the underlying piece of property, second mortgages are subordinate to primary mortgages. A home is said to be ""underwater"" when its value decreases until it's worth less than the balance that remains on the primary mortgage. Even though it won't be able to recoup its losses in full, an underwater home's primary mortgage lender may still seize the home to cover a portion of its investment. By contrast, the subordinate second lender has no physical claim to the property. Since it stands little chance of recovering a significant portion of the investment, it may ""charge off"" the loan. It will appear in the lender's financial records as a total loss. Unfortunately, the lender's decision to charge off the loan doesn't alter its status as a secured creditor of the bankrupt party. While it can't physically seize the underlying property unless the primary mortgage lender chooses not to, the second mortgage lender still retains a lien on the property. In theory, this entitles it to compensation by other means. If you're confronted by a second-mortgage lender that refuses to release the lien on your underwater home, you have two distinct options. Since your second mortgage is a secured obligation, it won't be discharged in bankruptcy. As such, you won't escape from the bankruptcy process without compensating your second mortgage lender in some form. You may wish to continue making regular payments on your loan until your bankruptcy proceedings conclude. Secured lenders rarely initiate legal action against bankrupt borrowers who continue to make timely payments. If you still owe a great deal on your second mortgage, you may wish to pursue a settlement with your lender. In some circumstances, it may be willing to accept just 50 percent of your outstanding balance. "
Does Your Name Go in the Local Paper when You Become Bankrupt?,"Regardless of the circumstances surrounding your bankruptcy filing, you may be unable to keep the news of your insolvency from spreading. In many communities, the stigma surrounding bankruptcy is powerful and may linger for years. The social stain of bankruptcy may last longer than its practical effects, which can include limited access to credit and high interest rates on credit cards and personal loans. If you're thinking about filing for bankruptcy and worry about its potential to harm your reputation, you'll need to keep a few things in mind. First, bankruptcies nearly always become part of the ""public record."" As time goes on, your bankruptcy's legal file will grow to include pertinent financial records, copies of sworn testimony, court records, and other information that pertains to your case. Once your debts have been discharged and your bankruptcy proceedings are dissolved, law enforcement personnel and potential employers may view these records. In addition, a record of your bankruptcy will appear on your credit report for 5 to 10 years after your filing.  Your creditors have a vested interest in your bankruptcy proceedings. Accordingly, they'll each receive a written notice of your filing and will be invited to participate in the proceedings.  In certain circumstances, this might cause word of your filing to spread among your neighbors. For instance, you might have defaulted on a loan issued by the community bank at which several of your acquaintances work. Once they become aware of your situation, it's unlikely that they'll be able to keep it a secret.  In addition to the verbal rumor mill, news of your bankruptcy may spread through print media sources. If you own your own business or your filing involves valuable assets, information about your filing may be printed in the trade reports that bankers receive regularly. These can be distributed nationally and may contribute to the continued spread of rumors surrounding your bankruptcy.  However, it's unlikely that your name will be printed in your local retail newspaper. As most bankruptcies involve relatively small pools of cash and assets, media outlets don't treat them as newsworthy. The chances of your financial misfortune becoming an official news item will increase if you live in a small, tight-knit town or occupy a prominent position in your local business community. Even so, you'll be far more likely to see your name in your local paper after you're arrested on an impaired-driving charge. "
How Would Marrying Someone Who Has Filed for Bankruptcy Affect Their Credit?,"Millions of marriages have been ended by financial disagreements. Millions more have been ended by poor financial decision-making. While marrying someone who has recently declared bankruptcy won't immediately damage your credit score or render you unable to secure certain loans, it may complicate your financial health as time goes on.  You shouldn't feel shy about sharing the details of your financial health with your future spouse. In fact, most financial experts encourage couples to obtain up-to-date credit reports before tying the knot to forestall any surprises or misunderstandings after their nuptials. While your partner's bankruptcy isn't an adequate reason for you to back out of the upcoming marriage, it should serve as a warning sign that he or she may be a poor money manager. Although marrying someone who filed for bankruptcy in the recent past won't initially affect your credit, you'll need to maintain separate bank accounts and credit facilities to ensure that this remains the case. Even if your credit is excellent, any joint accounts that you open with your new spouse may reflect their poor credit. While your solid credit score may grant your partner access to credit facilities that they otherwise wouldn't be able to use, these products might carry low borrowing limits and high interest rates. If you're looking for cheap credit, you might wish to keep your spouse's name off of your loan applications. If you choose to leverage your sterling credit history to obtain loans or credit cards for your spouse, be sure to work out a written repayment plan in advance. For the sake of simplicity, this schedule should mirror the actual loan's installment calendar. You'll also want to keep ample reserves of cash on hand in case your spouse becomes unable or unwilling to cover the loan's installments.  In some states, you may be unable to avoid opening joint credit facilities with your spouse. If you're planning on purchasing a home together, your home state's laws may require you to obtain a joint mortgage. If possible, purchase the home on your own before your marriage becomes official to ensure that you're given the best possible interest rate. If you live in a state that adheres to ""community property"" laws, you may be held liable for any debts that your spouse accrues during the course of your marriage. Be sure to have a frank discussion with your spouse about these statutes' implications. "
Can You Collect a Judgment After the Company Files for Bankruptcy?,"When you win a lawsuit and receive a judgment in your favor, you become an ""unsecured"" creditor of the losing party. Although you're entitled to receive the funds or property outlined in the terms of the judgment, the resulting debt is subordinated to certain other forms of debt. These types of debt, known broadly as ""secured"" or ""senior"" debts, may included real estate or vehicle loans and lines of credit tied to physical pieces of property or equipment. On the other hand, your ""junior"" debt is backed by nothing more than the terms of the judgment against your debtor. The U.S. Bankruptcy Code dictates that a bankrupt business must satisfy its secured creditors before settling any of its unsecured debts. This is true regardless of whether the business files under Chapter 7 or Chapter 11 of the Bankruptcy Code. In the former case, the judge overseeing the bankruptcy will divide up the business's cash and assets among its secured creditors.  If there is anything of value left over after all of the secured creditors have been compensated in full, the business's unsecured creditors may receive a proportional slice of these remaining assets. Once all of the business's assets have been distributed among its various creditors, it will cease to exist. If the business files for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code, the presiding judge will broker a ""reorganization"" plan that discharges many of the business's unsecured debts. With most of its unsecured creditors out of the way, the business may be able to remain current on its secured-debt payments. In either case, you're unlikely to receive compensation once the debt has been discharged. In fact, you probably won't even remain on record as a creditor to the business once the bankruptcy process has terminated. If the business filed a Chapter 7 bankruptcy, you have virtually no chance of collecting on your debt as an unsecured creditor.  However, you may be able to become a secured creditor. Before the business files for bankruptcy, you'll need to file an ""abstract of judgment"" form in each of the jurisdictions in which it owns real property. Depending upon the laws in your state, this form may entitle you to a portion of the business's property in the event that it files for bankruptcy. Once you've filed the abstract, you'll need to attend the post-bankruptcy ""meeting of creditors"" to stake your claim. "
What Is a Typical Sentence for 5th Offense DUI in WI?,"The penalties for impaired driving in Wisconsin are fairly serious. While most first-time drunk drivers are able to escape serious jail time, the consequences for repeat offenders can be severe. Habitual drunk drivers, defined by the state as individuals who commit at least three drunk-driving offenses within a five-year period or at least four during a 10-year period, typically face lengthy prison sentences and severe driving restrictions after subsequent convictions. After your third drunk-driving conviction, you'll be required to install an ignition interlock device in your vehicle. Your license will be suspended for a minimum of two years with no provision for work-related early reinstatement. Depending upon the circumstances of your case, your presiding judge may order you to forfeit your vehicle and remain car-less for the length of your license suspension.  If you were involved in an accident that damaged property or injured another driver, this outcome will be all but assured. Moreover, the likelihood of vehicle forfeiture will increase with each subsequent conviction. After your fifth conviction, you'll have little chance of holding on to your vehicle during your suspension period. You'll also need to attend driver-retraining and alcohol-education classes. As a habitual offender, you won't be allowed to take the abbreviated or accelerated courses offered to first-time convicts. Your alcohol-education classes may meet once per week for a year or more. Depending upon your level of intoxication at the time of your arrest, your judge may also order you to attend an inpatient rehabilitation program. Alcohol-related prior convictions will increase the likelihood of this outcome. After your third offense, the burden of proof required to convict you will become lighter. Whereas the ""legal limit"" for regular drivers is .08, the ""legal limit"" for habitual offenders is .02. In practice, you won't be able to drive after consuming any alcohol. Despite the relative severity of Wisconsin's DUI laws, few of the state's habitual drunk drivers serve lengthy prison terms. In recent years, Wisconsin's prisons have become seriously overcrowded. State judges routinely commute sentences related to non-violent offenses like drug possession and fraud, shifting the burden onto the shoulders of its probation officers and local police departments.  While you won't be able to avoid serving at least several months in prison after your fifth DUI conviction, you likely won't have to serve the maximum sentence. After your release, you'll need to serve a lengthy term of supervised probation. "
What Legal Action Happens When You Can’t Pay a Rent to Own Place?,"""Rent-to-own"" stores are a novel feature of the American urban landscape. While vendors have sold durable goods on credit for thousands of years, the scale of the typical rent-to-own operation is staggering. The individual outlets of national rent-to-own chains like Rent-a-Center and Aaron's occupy prominent lots in many outdoor shopping centers. Meanwhile, their corporate parents bask in multi-million dollar revenue streams and mount relentless expansions across the country. Unfortunately, these businesses have earned their success by taking a hard line with their customers. Typical rent-to-own customers have poor or nonexistent credit and can't rely on traditional means of financing to make large purchases. Many lack checking accounts and meaningful stores of savings. With some notable exceptions, they tend to carry significant amounts of debt and may habitually use revolving credit facilities like payday loans to make ends meet.   As such, rent-to-own businesses keep close tabs on their customers. While each company is different, well-run national brands usually begin making attempts to contact late-paying customers within two weeks of the missed payment's due date. These initial attempts take the form of once-daily phone calls. After three weeks, these calls may become more insistent. Some companies may supplement them with official-looking letters or e-mails. In spite of their hard-nosed approach to lending, rent-to-own businesses tend to empathize with customers who fall on hard times. If you've ceased making payments on your rent-to-own purchases, don't avoid further interaction with your vendor. If you ignore their attempts to contact you, you'll increase their suspicion that you're willfully avoiding them. In short order, they'll begin taking steps to repossess your purchases. You won't be able to reason with the third-party repossession specialist who shows up on your doorstep to take your refrigerator. Instead, keep your rent-to-own vendor abreast of any changes in your financial circumstances. If you've seen your working hours cut or received an unexpectedly large hospital bill, talk to their financing department about extending your repayment period or deferring payment until you're back on your feet. In some cases, they may be unable or unwilling to help. In others, they may exhibit surprising flexibility. If you continue to avoid contact with your vendor, they'll take action to repossess your equipment. If you choose to delay the inevitable by changing your address or hiding your purchases with a complicit relative, you may open yourself to a lawsuit that further damages your credit rating. "
"If a Company Files for Bankruptcy, Do They Have to Pay Vacation Time Accrued by Employees?","Personal bankruptcy is relatively straightforward. Individual bankruptcy filers typically declare themselves to be insolvent when their debts become unmanageable. Once their case is in process, a bankruptcy judge divides their assets among their creditors on the basis of “debt seniority.” Secured debts like mortgages and car loans are settled first. If the filer has assets or funds left over once these major obligations have been put to bed, their unsecured creditors may receive a portion of what they’re owed. In most personal bankruptcy cases, filers lack sufficient assets to reimburse all of their unsecured creditors in full. Let’s see what happens if a company files for bankruptcy, do they have to pay vacation time accrued by employees?  Are the fees I paid my bankruptcy lawyer and trustee tax deductible? Business bankruptcies can be more complex. In addition to traditional creditors like banks, credit card companies, and real estate lenders, multiple other parties may have financial or material interests in a given business’s continued solvency. These may include: Businesses routinely receive stock on credit and accept payment for goods to be delivered in the future, creating a complicated web of obligations that may take years to unravel in court. In most states, bankruptcy courts treat the employees of an insolvent business as members of its class of secured creditors. This practice is called “prioritization” and has been upheld in court. Provided that the business has sufficient cash or assets at the time of its bankruptcy filing, prioritization entitles the employees of a bankrupt business to full reimbursement of back wages. In this case, “back wages” typically include accrued vacation pay. If your employer shuttered its doors without warning, you’ll probably receive cash compensation for your vacation days once their case has officially gone to court. However, your state’s labor laws may be unusual. Before making any plans with money that you haven’t yet received, research your state’s labor laws and confirm that you’ll be reimbursed. Likewise, there are still a few state bankruptcy courts that don’t practice prioritization and may not treat the employees of a bankrupt business as secured creditors. If you have time, research state-specific legal precedents for your situation to determine your likelihood of receiving full compensation. The path that your business takes through bankruptcy may have some bearing on whether you’re paid for your vacation days. Businesses that file for bankruptcy under U.S. Bankruptcy Code Chapter 11 must work out a repayment plan that satisfies their secured creditors. It’s highly likely that you’ll be reimbursed during the course of a Chapter 11 bankruptcy. "
"I Just Got a Misdemeanor Hit and Run on a Parked Car, What Should I Expect?","Hit-and-run incidents result in arrests more often than you might expect. While it might seem tempting to leave the scene of an accident between your vehicle and a parked car, the prevalence of security cameras and “nosy neighbors” may dramatically increase the risks associated with this behavior. Thanks to an increase in the number of storefronts and businesses that use motion-sensing floodlights, you may even be called to account for a hit-and-run accident that occurs at night. If you choose to flee the scene, you must be prepared to face some consequences. Hit-and-run accidents are usually charged as misdemeanors. In most states, a first offense is punishable by a jail term that lasts between one and three months and a fine that may range between $500 and $1,000. The perennial overcrowding problems that most state prison systems currently face make it relatively unlikely that your sentence will involve any jail time. In most situations, you’ll receive a suspended sentence that may require some combination of: For subsequent offenses, this may not be the case. Of course, you may have to spend some time in jail while you’re awaiting your arraignment or trial.  How To Write An Accident Report Like DUIs and other vehicular crimes, hit-and-run offenses are also considered traffic violations in most states. Hit-and-run and “leaving the scene” charges may add as many as six points to your license, which may be enough to disqualify you from consideration for any job that involves the operation of a motor vehicle. These charges are also likely to increase your monthly insurance premiums. While you won’t have to obtain an SR-22 from your insurance company after your hit-and-run conviction, you can expect your premiums to increase by 50 percent or more as soon as your insurer learns what happened. After you’re charged with a hit-and-run, you should contact a lawyer who may be able to inject some uncertainty into your case. Your lawyer may argue that the incident in question occurred without your knowledge or that the victim misplaced the contact and insurance information that you left on his or her car. Judges who are receptive to these kinds of circumstantial arguments may reduce or eliminate the charges altogether. In certain states, your lawyer may also be able to broker a “civil compromise” that absolves you of criminal liability for your actions provided that you reimburse your victim. "
How Do I Get My License Unrestricted After a California DUI?,"You can expect several things to happen after you're convicted of a DUI in California. While serious, the penalties for your first offense will be relatively lenient compared to what you'd face after a subsequent conviction. They're also less serious than first-offense DUI penalties in many other states. First, the license suspension period that unofficially began in the immediate aftermath of your arrest will become official. Next, you'll be asked to pay a raft of fines and fees. You'll also need to attend regular alcohol-education and driver-retraining classes, each of which may meet several times per week for months on end. Finally, you'll need to submit to a term of unsupervised probation in lieu of actual prison time. Depending upon the circumstances of your case, this term of probation may last between three and five years. While the fines, classes and occasional inquiries from your probation officer may be annoying, you're likely to find your one-year license suspension and subsequent restriction period downright inconvenient. Unless you take swift action in the days that follow your DUI arrest, your license may be revoked for between four months and one year. To forestall the DMV's seizure of your driver's license, you'll need to make an appointment for a ""suspension hearing"" within 10 days of your arrest. If you wait until after this 10-day period to try to make your appointment, the DMV will refuse your request. Since California's DMV has a perennial backlog of DUI cases, your appointment may not take place until several weeks after your arrest. As such, you'll be granted a 30-day restriction waiver that will permit you to drive to and from work and school during the interim period. If the waiver expires before your hearing, you can reapply for another one. At your suspension hearing, be prepared to show that driving is an essential part of your daily routine. If you live or work in an area that lacks adequate public transportation, this will be far easier for you to prove. Once the DMV grants your request for a ""work restriction,"" you'll need to obtain an SR-22 form from your insurance company and enroll in driver-education classes. To get your license unrestricted, you'll need to complete your probation successfully and fulfill all of the other requirements of your sentence. As a rule, you can't obtain an unrestricted license before you finish your driver-retraining and alcohol-education classes. "
Does Reckless Driving Show Up on a Background Check?,"Reckless driving is a serious crime that typically requires offenders to pay hefty fines and attend driver-retraining courses. In some states, these fines can be excessive: Alaska’s state statutes provide for first-offense reckless driving penalties of up to $1,000 while Florida may levy even higher fines for subsequent offenses. Depending upon your past driving record and criminal history, your reckless driving conviction may also result in the revocation of your driving privileges and require you to spend some time in prison. Like habitual drunk drivers, serial reckless-driving offenders are increasingly viewed as menaces to public safety. Many jurisdictions now treat reckless driving as a serious criminal offense. Most states have strengthened their laws against the practice and now provide for mandatory prison sentences for third-time offenders.   In some places, maneuvers that may not seem “reckless” may be interpreted as reckless driving. In Virginia, you can be booked for reckless driving after: In other words, you can be charged with a Class 1 misdemeanor for traveling 81 miles per hour on a smooth 65 mile-per-hour Virginia highway. You can be charged with reckless driving for many other reasons as well. If you’re arrested on suspicion of impaired driving and refuse to submit to a breath test, you’ll almost certainly be charged with reckless driving and may face the maximum penalties for your offense.  How Does A Fingerprint Background Check Work? Likewise, difficult-to-prove drunk driving charges are often “commuted” or changed to reckless driving charges, which typically require a lighter burden of proof. Even if your DUI case seems fairly straightforward, a good lawyer may be able to introduce enough doubt into your case to encourage the presiding judge to drop the more serious charge in favor of the lesser offense. Regardless of the genesis of your reckless driving charge, it will show up on your background check provided that it was charged as a misdemeanor. This is the case in most states: The few jurisdictions that continue to treat reckless driving as a minor traffic infraction are moving away from this practice. Going forward, you should assume that your jurisdiction will treat reckless driving as a crime. Unfortunately, your criminal reckless driving charge will become a permanent fixture on your criminal record. If your record is expunged, you may be able to “hide” the conviction. "
Filing Bankruptcy Before Enlisting in the Military?,"Shoddy finances shouldn't prevent you from fulfilling your civic duty and enlisting in the military. After all, the enemy doesn't care about the state of your personal finances. As a rule, a past bankruptcy filing won't disqualify you from joining the military. Recruiters for most branches of the Armed Forces care more about your criminal past, your physical fitness and your aptitude test scores. While multiple DUIs, violent felonies or financial crimes may prevent you from exercising your right to bear arms, a civil case like bankruptcy has no bearing on your ability to serve. However, your bankruptcy filing may have an impact on your ability to advance within your chosen military branch. To get a highly-paid specialized job with the Air Force, Marines and Navy, you may need to obtain a basic security clearance. Likewise, many career-level rankings require such clearances. Unfortunately, your past bankruptcy filing may prevent you from securing even an entry-level clearance. What's worse, your bankruptcy filing may remain on your credit report for five to 10 years. During this time, you'll be unable to apply for a security clearance and may have difficulty purchasing a home on or near your base. Although any ""official"" record of your filing will drop off of your credit report after the 10-year window has passed, your bankruptcy may still show up on thorough background checks conducted by future lenders, employers and government agencies. As such, it may be to your advantage to explore other debt relief options before plunging into bankruptcy. If your credit remains solid and you have ample collateral or a cosigner, you may be able to qualify for a debt consolidation loan. This product can bundle your existing debts into a single low-interest loan that may save you thousands of dollars per year. Likewise, you could get in touch with a non-profit credit counseling service that specializes in negotiating lower interest rates with your creditors. If you can't avoid filing for bankruptcy before enlisting in the military, do your best to portray your financial hardship in a positive light. You may be able to explain to your employers, commanding officers, and the folks responsible for issuing your security clearance that your filing was caused by circumstances beyond your control. These could include a ruinous divorce, crushing student loan debt, or a temporary medical problem that left you unable to work for an extended period of time. "
"I Have Three DUIs, How Long Will I lose My License and Can I Get a Work Permit?","While drunk driving is considered a serious crime in virtually every American legal jurisdiction, most courts go relatively easy on first-time impaired-driving convicts. Your first-offense DUI sentence may involve three to five years of unsupervised probation, a several-month course of regular alcohol-awareness and driver-retraining classes, and a temporary suspension of your driver’s license that typically lasts for less than 18 months. After you successfully complete these steps and pay a slew of fines and court fees, you’ll be able to get on with your life as before. After your second and third DUI offenses, you may not be so lucky. Most third-offense DUI convictions come with mandatory prison sentences either between: In most states, this jail time can’t be converted to a term of unsupervised probation. To make matters worse, you’ll lose your driver’s license for at least five years and may not be able to apply for a work permit. In other words, you’ll have to rely on friends, family members, or public transportation to get to and from work.  Do DUIs Carry Over Into Different States? Depending upon the length of time separating your first, second, and third offenses, the severity of the penalties that you’ll face for your third DUI conviction may vary considerably. In most jurisdictions, you’ll be labeled a “habitual offender” after receiving your third DUI conviction in less than five years. You may lose your license for 10 years or more and face your state’s maximum prison sentence for DUI offenses. If 10 years separate your three DUI convictions, you’ll still face some serious penalties. You’ll be on the hook for up to $5,000 in fines and be required to attend an intensive alcohol treatment program. While your license will be suspended for at least five years, you may be able to regain some driving privileges by agreeing to install an ignition interlock device in your vehicle. This arrangement, which prevents you from operating your vehicle after consuming any alcohol at all, may become permanent. If you wish to retain your ability to drive yourself to work, you’ll have no choice but to accept it. Without an interlock device, you may be unable to secure a work permit. However, most states refuse to grant work permits to “habitual offenders” who garner three or more DUI convictions in less than a half-decade. After your third DUI conviction, you may lack mobility for a long time. "
Can AES Loans Be Charged Off in Bankruptcy?,"American Education Services, a major student lender, provides federal loans from the Stafford and Perkins loan programs as well as a variety of private loan products. If you attended a pricey four-year college during the past decade, it's possible that you secured some of your financial aid through AES. These days, many recent graduates find themselves struggling to handle their student loan debts. While most AES products carry reasonable interest rates of between 3 and 7 percent, the tepid job market has made it difficult for many folks to stay current on their payments. If your outstanding AES loans are single-handedly darkening your financial future, you may be considering taking drastic action to ensure that you remain solvent. Unfortunately, recent changes to the United States Bankruptcy Code make it exceedingly difficult to discharge AES loans during the course of a typical bankruptcy. With few exceptions, bankruptcy judges treat student loans as secured credit facilities that can't be wiped out by the bankruptcy process. When you file for bankruptcy, you'll need to repay any student loans on which you currently owe a balance.  While your attorney may be able to work out a repayment plan with your lenders during the normal course of a Chapter 13 bankruptcy, it's unlikely that you'll see a meaningful reduction in your principal balances. In fact, any repayment plan that spreads out your payments over a longer period of time may end up costing you more thanks to the relentless accrual of interest charges. Your prospects won't be much better under the terms of a Chapter 7 bankruptcy filing. The court-appointed trustee responsible for seizing and distributing your assets among your creditors will be sure to set aside resources sufficient to repay your student loans. In other words, your Chapter 7 liquidation plan will prioritize these credit facilities over unsecured loans like outstanding credit card bills and medical bills. In certain exceptional cases, it may be possible to discharge or reduce your student loan debts. If you can prove to your presiding judge that you are permanently unable to repay your student loans, they may forgive some or all of them. This is known as a condition of ""undue hardship"" and can arise for several reasons. If you've been permanently injured and receive disability payments from the government or are nearing retirement and have dim future job prospects, you may be able to claim undue hardship. "
"If I Get Pulled Over for DUI, Should I Refusee to Take a Breathalyzer?","Unless you have a portable breathalyzer handy, you're unlikely to be able to judge your blood alcohol content with any degree of accuracy. This can be a problem after a night of steady drinking. While you might feel up to the task of driving yourself home after knocking back a few drinks over the course of several hours, you can't confirm that you'll be able to do so without running afoul of the law.  Once you're on the road, you're liable to be arrested on suspicion of impaired driving as long as your blood alcohol content remains above your state's legal limit. If you're pulled over while you're in a state of questionable sobriety, your first impulse may be to confound the officer on the scene by refusing to submit to an initial roadside breathalyzer test.  There are plenty of compelling reasons for doing so. In most states, the results of these tests aren't admissible in court. Portable breathalyzers aren't nearly as accurate as the larger stationary machines that most police precincts keep on hand. Like the field sobriety tests that officers typically ask drunk-driving suspects to perform, portable breathalyzers are merely used to prove probable cause for an impaired driving arrest.  In most jurisdictions, there are no legal penalties for refusing to take a breathalyzer test in the field. If you refuse to take the test, the officer on the scene will probably take you into custody under the assumption that the mandatory in-station breathalyzer test will show that your blood alcohol content is above the legal limit. If you choose to take the test and it shows that your blood alcohol content is below the legal limit, the officer may still choose to arrest you on the grounds that you failed other elements of your field sobriety test.  While it's far harder to prove a DUI charge against a driver who ""blows"" below the legal limit, it can be done. For instance, the state may argue that the effects of the modest amount of alcohol that you consumed were magnified by the presence of prescription or illegal drugs in your system. If you're found to be carrying quantities of such drugs, this may make their case easier. Once you've been booked, you may still refuse to take the in-station breathalyzer test. This will likely result in the automatic revocation of your license for a year or more. "
How Soon After a Chapter 13 Bankruptcy Is Dismissed Will Creditors Begin Calling?,"Some attempts to file bankruptcy end unsuccessfully. In fact, bankruptcy judges routinely dismiss Chapter 13 bankruptcy petitions for several common reasons. To avoid a costly and time-consuming mistake, familiarize yourself with these reasons for dismissal before you commit to hiring a bankruptcy attorney. If you've misrepresented your income or the value of your assets, the judge assigned to your case may dismiss your bankruptcy petition outright. In addition, you likely won't be allowed to file until you've completed your application and sent in all required documentation with it. Once your petition has been accepted and you've begun making payments under a Chapter 13 bankruptcy plan, your presiding judge may nullify the existing agreement between you and your creditors after several months of non-payment. Once this happens, your creditors will be able to pursue you for the remaining balances on your outstanding debts. Unless your lawyer can convince the judge overseeing your case to freeze this collection activity by granting you a moratorium on your payment plan, your creditors may begin calling or e-mailing right away. To preserve your Chapter 13 bankruptcy plan with a payment moratorium, your lawyer will need to prove that you're truly unable to make your payments for a prolonged period of time. Whether your hardship is caused by a sudden job loss, unforeseen medical bills, or other big unavoidable expenses, you'll need to show that you're not misleading or deceiving the court about your financial health. Alternatively, you may be able to change the terms of your bankruptcy. Under certain circumstances, your presiding judge may nullify your Chapter 13 payment plan and initiate new bankruptcy proceedings under Chapter 7 of the United States Bankruptcy Code. Once this conversion has taken place, the bulk of your remaining assets will devolve to a court-appointed trustee charged with dividing them up among your creditors. While you'll lose a significant amount of your wealth to the Chapter 7 bankruptcy process, your state's laws may permit you to shield some of your cash and property from seizure.  Unfortunately, even the best-laid plans can go awry. If you're unable to continue making your bankruptcy payments and can't secure a payment moratorium or Chapter 7 conversion, your case may be completely dismissed. Once this happens, you'll need to recover from your initial shock and prepare yourself for an immediate onslaught of calls, e-mails and visits from your creditors and their collection-agency henchmen. "
I Have an Arrest Warrant in Colorado for a DUI Probation Violation. What Should I Do?,"When you're put on probation following a DUI conviction, you'll be expected to pay any fines and penalties required by statute. You'll also be expected to complete alcohol-education and driver-retraining classes. Finally, you'll need to observe a mandatory license suspension period. If you're able to do all of these things, you'll likely avoid jail time and should be able to resume normal living once your probation period has ended. In most jurisdictions, violating any of the terms of probation is a serious crime. If you currently live in the state in which you committed the original offense, you'll be subject to arrest on your outstanding warrant. While it's unlikely that the local authorities will initiate a manhunt to bring you to justice for a DUI-related probation violation, they may come looking for you at your last known residence or place of employment. It's more likely that you'll eventually slip up and commit a minor vehicular infraction that draws the attention of the police. After all, outstanding arrest warrants are readily available in the computerized filing system that traffic cops use to check for prior moving violations. Once you're back in custody, you'll be required to complete any unfulfilled or suspended elements of your original DUI conviction. This may mean that you'll have to spend some time in jail and pay some additional fines. If you miss a court appearance related to your probation violation and evade the authorities thereafter, you may open yourself to a ""failure to appear"" charge that typically carries its own set of fines as well as a short but mandatory prison sentence.  If you're currently living outside of the state in which you committed your original crime, the local authorities are unlikely to execute the arrest warrant for your probation violation. This doesn't mean that you can hide from the law forever: Since outstanding arrest warrants can be accessed through a national law enforcement database, you'll be subject to extradition proceedings after a local traffic stop or minor-crime arrest. You may eventually face stiff penalties in your former home state.  To reduce the severity of these consequences, turn yourself in to the local authorities as soon as you learn of the warrant and contact a local lawyer. In some cases, you may be able to escape a reinstated prison sentence by paying a hefty series of fines to the authorities back home. "
How to Apply for LIHEAP (Low Income Heat Assistance Program) in Louisiana,"It should not come as any great surprise to the reader that this program is open only to the legal residents of the sovereign State of Louisiana.  It should also not come as any great surprise to anyone curious about this program that the state of Louisiana has some rather specific expectations and criteria to qualify a household or group for assistance with heating costs.  To qualify the Louisiana resident must be elderly, and or disabled, and or a family with children, and or have a very high energy consumption rate and cost.  To qualify the resident or residence income criteria is:             The annual income of a household with a single individual must not exceed $17,455 before taxes;             The annual income of a household with two individuals must not exceed $22,826 before taxes;             The annual income of a household with three individuals must not exceed $28,196 before taxes;             The annual income of a household with four individuals must not exceed $33,567 before taxes;             The annual income of a household with five individuals must not exceed $38,938 before taxes;             The annual income of a household with six individuals must not exceed $44,308 before taxes; It is unclear as to what happens if a household exceeds six members.  The amount goes up about $5,400 as another individual is added to the household.
If one has a computer then there are a number of websites from which an application can be taken.  The form cannot be submitted electronically so an interested person must have a printer to be able to print out the application form.  As with anything government, fill out the application very carefully and very truthfully.  If there are any questions or concerns, contact the aid agency by phone and obtain whatever clarification is necessary to successfully and complete fill out the application form.  State governments, just like the federal government, greatly dislike the liar.  The states will typically pursue the liar for fraud and provide jail time if at all possible.  States, like the feds, have very little humor.  After filling out the form, mail it in to the contact address in the directions and then just be patient.  Experienced people stated that one or two weeks will go by before the aid agency gets in contact with the household.  The contact will tell the head of the household if the household qualifies and if it does qualify, what steps are next in the process.
A goodly number of source and information websites were specifically pointed out by the experts and given support by site users.  For the readers’ convenience these URLs are listed as follows: http://www.lhfa.state.la.us/programs/energy_assistance/low_income_energy.php http://www.lhfa.state.la.us/downloads/energy/en-LiheapAppAssistance-03Dec04.pdf http://www.lhfa.state.la.us/downloads/lihtc/liheap-2006-state-plan-02aug05.pdf http://www.lhfa.state.la.us/downloads/energy/ea-incomeeligibility-19dec03.pdf http://www.lhfa.state.la.us/downloads/energy/ea-Introduction-07apr05.pdf The aid agencies are very good about providing what the household needs, knowing that it is simply keeping those who need it as warm and comfortable as possible.  Several people indicated that at first the need for assistance was in a strong struggle with one’s ego and embarrassment.  It is a nice aspect of the states to recognize those who do need assistance and provide what they can to assist. "
ILLIQUIDITY,"When the supply is too short for the demand on a product, funds, or market. Other terms that may be helpful are endogenous liquidity, exogenous liquidity, liquidity, and liquidity risk. "
ILLIQUID,"Having insufficient means to meet demand. Refer to liquid, liquid assets, liquidity, and illiquidity. "
Home Mortgage Not Reaffirmed During Chapter 7 Bankruptcy?,"If you have to surrender your home in a Chapter 7 Bankruptcy, the mortgage lender will provide you with a 1099-C. When you file a Chapter 7, the tradeoff is that the mortgage debt is completely dischargeable but you cannot keep your home. Another tradeoff is that when the mortgage debt is forgiven, the IRS views the forgiven amount as income. So, homeowners do not have to pay the remainder of the mortgage but the amount forgiven is taxable income. When a debt is forgiven, the IRS requires that the lender provide the borrower with a 1099-C form. The borrower is then required to file the 1099-C with the IRS. The 1099-C represents income from the cancellation of a debt. One way to explain the form is that a 1099 is used to report income earned from a job. Form 1099-C reports income made from the cancellation of a debt. When the loan is made, the borrower makes a promise to pay and the lender receives a secured interest in the property. At the time the loan is made, the money is not considered income because the borrower promises to pay the money back to the lender. When that promise to pay is discharged, the IRS views the forgiven amount as taxable income. You may be wondering how you will pay the taxes on this income if you have filed bankruptcy. You filed because you do not have enough money to pay your bills. Where are you supposed to get the money to pay the taxes on this income? The good news is that in 2007, The Mortgage Debt Relief Act of 2007 was passed. As a result of this Act, taxpayers can have up to $2 million of mortgage loans forgiven before being taxed. According to the IRS website, this Act will be in place through the end of 2013. It is important to realize that this Act only covers debt forgiven for a mortgage. If you have debt forgiven from another type of loan, you will receive a 1099-C for that loan and you will be responsible to pay the applicable taxes. If you do not understand your 1099-C or believe there is an error, start with contacting the lender. Other options are to contact the IRS or speak with your bankruptcy attorney.   Every expert says the same thing. A “charge off” is the same as a “write off” and is merely an accounting term used in financial processes. The term is used when a financial institution takes an account from a ledger and posts it to that financial company’s “unable to collect” ledger. The lien from the mortgage still exists on the property owner / debtor’s credit report. The monies owed at the time of the “charge off” are still owed. The financial company is simply waiting to decide its next move. It is simply not going to continue trying to collect on a loan that the debtor is unwilling or unable to pay. The fallacy believed by too many debtors is that they no longer owe anything on this “charged off” mortgage. On the contrary, that mortgage company is just standing still, waiting low. The company knows the financial conditions of the debtor and the primary mortgage. The company does not want to foreclose because, as is likely, the primary will get all of the monies from the sale, leaving nothing for this company. So, again, they do not want to force foreclosure. If they get tired of holding this uncollectable debt, they may sell it off to a collection agency. At that point, this original financial institution no longer cares. By law, they have to remove their lien within sixty days or face being sued by the debtor. If in ignorance and mistaken belief the debtor files for bankruptcy, Chapter 7 will exempt secured loans, which is what mortgages are, from discharge. That means that the debtor will still owe the mortgaged amounts, no relief, unless the debtor abandons the property. State laws can add to Federal bankruptcy law, but cannot supersede it, and, as we all know, state laws differ from state to state. So, a good, knowledgeable lawyer is essential. Some people “reaffirm” a mortgage loan in Chapter 7. Usually, this has no bearing. Secured loans are exempt from discharge, as stated above. Experts and lawyers direct debtors in this situation into Chapter 13, where the court assigned trustee can negotiate and restructure the debt into something that is likely grudgingly acceptable by debtor and creditors alike. In Chapter 13, secured debt such as mortgage loans are subject to the negotiations to restructure the debt. Such negotiations will likely get the second mortgage lending company something more than what they would have gotten at a foreclosure, but maybe not as much as selling it to a collection agency. It does not matter to the debtor who is trusting to get a result that relieves the burden into something manageable. One activity that debtors seem to not try is to personally try to reach an agreeable settlement with this second mortgage company. Nothing ventured is nothing gained, as the saying goes. Experts agree to start somewhat low, say at 10 percent of what is owed. If, and when, an agreement is reached, get it in writing. You may want to have a lawyer review the agreement before you sign. Reaching an agreement leaves all bridges intact, in the (unlikely) event that you engage this same company later on. "
What Happens When You Get a DUI in California?,"No matter where you live, driving under the influence is a serious offense with lasting consequences. In most states, a DUI is both a serious traffic violation and a criminal offense. If you cause major property damage or seriously injure a third party while you're driving drunk, you may be charged with a felony that carries a mandatory prison sentence.  Although they're not to be taken lightly, California's DUI penalties are actually not as harsh as some other states'. For your first offense, you'll be assessed total fines and fees of between $1,500 and $2,000 and required to spend two days in jail. In practice, this jail-time requirement is often commuted to a community-service sentence or negated by the time that you've already served in detention. You'll also be required to attend an alcohol-awareness course that may take several months to complete. Once your case has been processed, you'll be sentenced to between three and five years of probation. For relatively ""minor"" first offenses, courts typically recommend an ""informal"" term of probation that doesn't require regular visits with a probation officer. While you'll still meet with your caseworker on occasion, you'll correspond largely by phone or mail.  Of course, you'll need to inform the authorities of any planned out-of-state trips or changes of address. In addition, your probation officer will reserve the right to make an unannounced visit to your home or place of employment. If they can't find you, you may find yourself in a heap of trouble: In California, individuals who violate their probation often wind up in jail. As a ""binary offense,"" your DUI case will require you to deal with two separate legal entities. In addition to facing criminal charges in your local county court, you'll need to appear before the state's Department of Motor Vehicles within 10 days of your arrest to request the reinstatement of your driving privileges until you've been formally convicted. If it's only your first or second offense, the DMV will probably grant your request.  Your DUI conviction will continue to haunt you even after your license has been reinstated. The cost of your car insurance may double or even triple: After just one DUI conviction, the average Californian sees their premiums increase by an average of $2,500 per year. Even worse, your crime will show up on employer-conducted background checks for 10 years or longer. "
What Will Happen If the Cosigner of Your Loan Files Bankruptcy?,"The prospect of building your credit with a cosigned car, home or personal loan is exciting. Your first big loan is a major milestone on your road to financial adulthood and can make or break your reputation in the eyes of future lenders. You may be so ginned up by the thought of finally owning something on credit that you fail to consider a problematic contingency: your cosigner's insolvency. Although lenders usually require folks who cosign a loan to have good credit, they sometimes make ill-advised exceptions to their stringent lending standards. Cosigners with poor or mediocre credit may fall through the cracks and be permitted to sign for loans that they can't possibly cover.  Even if your cosigner's finances are in order when they sign for your loan, the turbulent economy offers no guarantee that they won't deteriorate over the long course of its life. After all, no amount of credit-checking or financial disclosures can uncover a problem that hasn't yet developed. The effect of your cosigner's bankruptcy on the status of your loan and your own solvency will vary according to the strength of your personal finances. Legally, your cosigner's bankruptcy filing wipes out their obligation to cover your loan in the event that you can't continue to make your payments. If they were providing you with funds to help you stay current on your loan, you may need to dig deep to remain in good standing with your lender. If you weren't relying on your cosigner for financial support and can continue to make your monthly loan payments without a problem, you'll see no practical change in your credit score or day-to-day financial health. As a rule, you should never use a cosigner as a crutch to take out a loan that you can't afford. Your cosigner exists to assuage your lender's concerns about your mediocre credit rating and modest income, not to provide you with a monthly allowance.  Your cosigner's bankruptcy filing will unnerve your lender. To pacify them, send them a notarized letter that reaffirms your commitment to pay off the balance of your loan on time and in full. If possible, do this before they even learn of your cosigner's misfortune. You may also offer to put up more collateral for a secured loan. While you're under no legal obligation to do this, it may encourage your lender to lower your interest rate. "
What Happens to a Passenger in a DUI Arrest?,"While you should take precautions to avoid riding in vehicles driven by intoxicated individuals, it’s likely that you’ll find yourself in this situation sooner or later. If the driver is pulled over and arrested on suspicion of driving under the influence, your fate as a passenger will hinge on several important pieces of information. First, the arresting officer will assess your level of intoxication. If you’re sober, you may be asked why you hadn’t taken the wheel once it became clear that your friend was unable to drive properly. You must be able to offer a convincing answer to this question. Most likely, you’ll need to prove that you’re not currently licensed to drive, don’t know how to drive, or have a medical condition or legal restriction that prevents you from driving at certain times of the day or in certain situations. If you can’t offer a convincing defense as to why you weren’t driving, you may be arrested and charged with reckless endangerment. Your arresting officer will argue that you put yourself, the driver, and members of the public in danger by allowing your friend to drive drunk. Their case may be bolstered by the presence of other passengers in the vehicle.  Certain states frown upon this interpretation of the reckless endangerment statute. As such, the arresting officer may choose to take no action and allow you to leave the scene of the accident. You’ll have several options for getting home. If you’re licensed to drive, you may be given permission to drive your friend’s vehicle home for the night. In other cases, you may be allowed to ride in the tow truck that brings the vehicle to the impound lot and then transported to your residence by a police officer. In rare cases, you may be escorted home in the back of the second police car at the scene. You’ll face a different set of consequences for: Failing a field sobriety test Blowing above the legal blood-alcohol limit If You Get a DUI In a State Other Than Where You Live, Can They Come and Get You If You Don’t Show Up In Court? In this case, most arresting officers will ask you to call a sober friend or taxi company to drive you home from the scene of the accident. If you can’t get in touch with a suitable driver, you may be arrested for public intoxication and forced to spend a night in jail. While these charges are often dropped or reduced in court, you’ll still be thoroughly inconvenienced. "
How to Write a Demand Letter for Personal Injury Without Hiring a Lawyer?,"Although many personal injury lawyers offer free consultations for promising cases, they’ll demand a cut of at least 30 percent of your case’s winnings should they choose to take you on as a client. Depending upon the size of your potential payout, you may not be willing to part with this kind of money. Fortunately, it’s possible to initiate many personal injury cases without the help of a lawyer using a properly-formatted “demand letter.” About 30 percent of potential defendants served with well-written demand letters opt to settle their cases before they land in court. You’ll find multiple templates for quality demand letters with a simple Google search. You don’t need to be an expert in legal parlance or even much of a writer to get your point across. What you do need is a command of the facts of your case, clear records to back up your claims, and an unwavering confidence in the rightness of your cause. Once you’ve thrown down your chips and sent out your letter, don’t involve a lawyer until it becomes clear that it won’t be effective. Otherwise, they may demand a cut of any pre-filing settlement. If your demand letter is to be addressed to a private individual or the proprietor of a small business, ensure that it is devoid of aggressive language or wild assertions about your counter-party’s motives. Instead, outline your case in polite, factual terms. Briefly review the sequence of events that led to your dispute. If your injury happened in a traffic accident, describe the driving maneuvers that caused the crash and clearly state why your counter-party is at fault. To strengthen your position, present your account of the incident as settled fact and include police reports, claims adjusters’ assessments and any medical or repair bills to back up your assertions. Next, present an ultimatum. Using the evidence that you’ve attached as your guide, demand compensation for your injury. For the purposes of your demand letter, don’t include any extra “punitive” damages that can’t be tied to specific injury-related costs. If your counter-party refuses to settle your claim out of court, you’ll be able to attach such damages to your pending case. For larger personal injury cases that make it to court, you may wish to retain a lawyer: They will earn their fee many times over by coercing your counter-party to exceed your initial request for punitive damages. "
Can I Get a Corporate AmEx Card After Bankruptcy?,"Although your bankruptcy filing will do away with most of your unsecured debts and allow you to begin a new chapter in your financial life, it probably won't completely eliminate your need for credit. If you have a job that requires you to book flights and hotels with regularity, you'll certainly require some type of credit facility during and after your bankruptcy process. Unfortunately, most credit card companies deny their customers' new-card applications without exception for several years following the discharge of their bankruptcy. Compared to its peer companies, American Express is known for holding its customers to especially high credit-score standards. Long-term customers rarely receive special treatment: Former cardholders routinely tell stories of decades-long relationships negated by a single bankruptcy filing. Years after their discharge, they're often still unable to secure an entry-level AmEx membership. If you're applying for one of the issuer's corporate cards, you'll find it even more difficult to maintain your relationship with American Express. These cards tend to have higher spending limits and offer more attractive perks relative to less-exclusive products. While most corporate cards are backed by their customers' employers, American Express views this backstop with some suspicion.  The reason for this should be obvious: Cardholders who have demonstrated serious lapses in judgment with their finances present an unnecessary risk. After all, there are plenty of credit-hungry consumers whose credit scores aren't tarnished by a past bankruptcy filing. Cost-conscious companies may not reimburse insolvent cardholders who make dubious or extravagant charges with their corporate cards, leaving the issuer liable for payment. For similar reasons, American Express has demonstrated a reluctance to issue corporate cards even when the cardholder's employer has agreed to settle each statement directly. You'll have to wait a long time to get a corporate AmEx card after bankruptcy. A record of your filing will remain on your credit report for 10 years and all but disqualify you from consideration during that period. If you've endured other financial setbacks or experienced a long stretch of joblessness in the meantime, your credit score may reflect your bankruptcy beyond this initial decade. While there are few exceptions to this general principle, it may be possible to soften AmEx's strict standards in certain situations. This often requires a personal appeal and a negotiation for a special higher interest rate. It may also hinge on whether your bankruptcy filing affected American Express to any significant degree. "
What Is a Probation Violation for a 1st Offense DUI Misdemeanor in California?,"After you're convicted of a first-offense DUI in California, you'll be sentenced to a mandatory term of probation. Assuming that you pay the requisite fines, follow your sentencing judge's instructions regarding your conduct while on probation, and avoid further run-ins with the law, your probation typically will terminate within five years. However, the state of California's onerous conditions of DUI-related probation guarantee that you'll have to work hard to escape from your predicament without further legal damage. Regardless of the jurisdiction in which your DUI conviction occurred, your probation will have several universal features. First, you'll be required to enroll in an alcohol-counseling course. Unless there are extenuating circumstances in your case, you'll probably be allowed to complete a short three-month course in lieu of a more in-depth year-long seminar.  You'll also be required to pay a ""base fine"" that may range from $400 to $1,000. Of course, the true cost of your DUI will be several times greater than this amount thanks to added court fees, the cost of your alcohol and driver-rehabilitation classes, and other miscellaneous assessments. Crucially, your driver's license will be suspended for a period of several months at the start of your probation. In practice, most first offenders can convince a judge that they don't pose a serious risk to other drivers and receive a restricted license in the interim. If you're granted a restricted license, you'll typically be able to drive during regular ""commuting"" and business hours between your home and school, work or other key destinations. Your probation will feature several additional restrictions on your behavior and freedom of movement. You must agree not to commit any misdemeanors or felonies or operate a vehicle after drinking any amount of alcohol. You must also agree to submit to a full battery of breath and blood tests following a suspected-DUI arrest.  California's DUI probation laws are strict: If you fail to meet any of these conditions or renege on any agreements associated with your probation, you'll be found to be in violation of its terms. Unless your lawyer can negotiate an alternate arrangement, a judge may revoke your probation and sentence you a prison term of up to six months. Depending upon the circumstances under which you violated your probation, you may incur additional penalties. For example, a subsequent arrest for impaired driving will result in a year-long suspension of your driving privileges. "
How Do You Report Capital Loss on Stocks from Companies That Went Bankrupt and Went Away? Like Enron?,"Equities generally offer better returns than bonds, money market accounts and other low-yield, interest-bearing investment vehicles. This is because they are inherently risky. Whereas it is exceedingly unlikely that the United States Treasury will default on its debts in the near future, it is probable that one or more publicly-traded American companies will file for bankruptcy protection within the next year. If you own stock in a recently-bankrupt company, the IRS may permit you to claim the full amount of its original purchase price as a capital loss on the current year’s tax return. However, your holdings must be completely worthless and you must be unable to unload any remaining shares that you own. Unfortunately, many beaten-down equities don’t meet these two criteria simultaneously. Some bankrupt companies continue to trade as “penny stocks” for years even as their creditors slowly dismantle them. As long as a stock retains some value, the IRS views it as an active equity. Unless you can prove that it has ceased trading indefinitely and retains no nominal value, you’ll be stuck with your worthless position. With few exceptions, the equity must be de-listed by the exchange on which it trades before you can safely claim it as a capital loss. Otherwise, you’ll have to sell it for just a few pennies per share and claim a slightly smaller loss. Your ability to claim a capital loss on a now-worthless equity holding is limited in a few key ways. First, you must claim the loss during the tax year in which it occurred. Since an equity may continue to trade at dramatically-reduced valuations for years before its final de-listing, this can be difficult. You’ll have to continue paying attention to the stock’s price long after it’s in your interest to do so. If you become aware of the stock’s de-listing after filing your tax return for the year in which it occurred, you may amend that year’s return to reflect your newly-realized loss. The IRS will accept amended returns for the previous seven tax years. Beyond that, there is no facility for claiming a capital loss on a worthless stock. Also, the total value of your capital losses should not exceed that of your capital gains by more than $3,000 in a given tax year. However, you may “carry forward” losses greater than $3,000 onto future tax returns until they have been fully realized. "
Can I Leave the Country If I Have a Pending Trial Date?,"Depending upon the seriousness of your offense and the existing workload of the court in which your case will be tried, your criminal pending trial date may not begin for months or years after your arraignment date. During that period, the conditions of your bail may circumscribe your financial decisions and geographical movements. Regardless of the reason for your planned trip, your ability to leave the country will hinge on the type of crime with which you have been charged, the laws governing bail in your jurisdiction, and the personal proclivities of the judge assigned to your case. Courts tend to view individuals charged with certain crimes as “flight risks” which can reasonably be expected to flee the jurisdiction they are charged with. Such crimes may include financial transgressions like embezzlement or violent crimes like: In the first case, the charged individual may have ample offshore assets and find it relatively easy to skip town forever. In the second case, the crime’s seriousness alters the accused’s risk-reward calculations and makes flight significantly more likely. Can I change my plea at pre-trial?  If your presiding judge deems you to be a flight risk, he or she will impose travel restrictions as a condition of your bail. These may vary from case to case, ranging from full house arrest in extreme instances to relatively lenient restrictions on international travel in others. In some cases, you may be asked to surrender your passport to the court until the conclusion of your trial. If you are not deemed a flight risk, you won’t be held to specific travel restrictions. However, you won’t be completely free to roam the planet. You’ll likely have several scheduled hearings between the date of your arraignment and the tentative start date of your trial. You’ll also need to meet with your probation officer or bail supervisor from time to time. They may even show up at your business or residence unannounced. If you’re absent from any of these meetings or drop-ins, your bail may be revoked, and you may face flight charges. It’s easy to avoid this nightmare scenario. Through your lawyer, tell your presiding judge of your intention to leave the country and make a persuasive case as to why you should be allowed to do so. If you can prove that you have family members or business interests overseas, he or she should permit you to leave. "
How Long After Bankruptcy Discharge Can One Stay In Home?,"Although your bankruptcy filing likely came as a welcome relief after years of struggling to make ends meet, the ongoing process has exposed you to some hard truths. Despite your best efforts, there's a good chance that you'll lose your home after your bankruptcy is discharged. There are only a few general exceptions to this rule. In many jurisdictions, the recent foreclosure crisis has created a perennial backlog of foreclosures and short sales. Whereas mortgage companies once had little trouble wrapping up foreclosure proceedings in just a few weeks, the process takes far longer today. Depending upon where you live, you may be able to remain in your home for six months or more after your Chapter 7 bankruptcy has been finalized. Once your bankruptcy is discharged, you will need to find another place to live. However, you may not need to leave your house immediately. While you can't track the progress of your foreclosure proceedings in real time, most jurisdictions maintain an online list of pending home auctions. Check your home county's website on a regular basis to monitor any changes in the status of your home.  In most states, local authorities are required to give homeowners at least two weeks' advance notice of an impending auction. If you haven't been checking your county's website, you'll receive an auction notice from your county's housing authority or sheriff's department informing you of the exact date of the event. As this date is non-negotiable, you should vacate the premises soon after receiving this notice. If you fail to do so, you'll be forcibly evicted on or before the auction date. Since you're no longer under any obligation to make your monthly mortgage payments, you have a financial stake in remaining in your home for as long as possible after your bankruptcy is discharged. You'll save thousands of dollars in rent or mortgage costs by remaining where you are while the foreclosure process unfolds. Don't worry about your ongoing homeowners' association fees: They're likely to be less dear than rent on a new apartment that's big enough to hold your family. Of course, you will eventually have to leave your home. To prepare for the next stage of your life, start saving a healthy portion of your paycheck as soon as your bankruptcy has been discharged. After a few months, you may have enough to cover the cost of next year's rent. "
Can My Mom Cosign My Student Loans If She Filed for Bankruptcy?,"Your lender may require a cosigner on your student loans for one of several reasons. Most commonly, they'll ask a parent, relative or beneficiary to step in and guarantee your loans because your current income as a student is insufficient to cover any theoretical repayments. If you're just graduating from high school, you may also lack the credit necessary to secure a loan on your own. There will be no immediate ramifications if your cosigner files for bankruptcy after your loans have been issued. Your lender probably won't begin demanding repayment until after you graduate. Even then, you'll have no problems as long as you can make your monthly payments in a timely fashion. However, your mom's bankruptcy likely will render her incapable of providing financial support in the future. Once you fall behind on your payments, you'll find yourself facing off against a suddenly-aggressive lender alone. If the bankruptcy is already part of her credit history, your lender may not permit your mom to cosign for your loan. Bankruptcies linger for years, crippling borrowers' and cosigners' credit reports for a decade or more. Depending upon the state in which you live and the time elapsed since her bankruptcy filing, your mom's financial situation may disqualify her from backing your loan for the duration of your college career. Private lenders tend to be especially stingy with their funds. If your mom's bankruptcy filing precludes her from cosigning for a private loan that would cover the bulk of your tuition, you may have some public and non-traditional options at your disposal. Borrowing guidelines for federal PLUS Loans tend to be less stringent than those for private loans. While there are no fixed borrowing limits for PLUS loans, these products demand that their users meet certain income and credit-history requirements. With your mom's financial woes, it's possible that your PLUS Loan application will be denied on the basis of her credit history. However, a low combined household income figure might work in your favor.   Absent PLUS Loan funding, Stafford Loans and Pell Grants can provide a valuable backstop. Awarded to undergraduate students solely on the basis of need, these products come with annual award caps of $20,500 and $5,500, respectively. Whereas Stafford Loans accrue interest at a low fixed rate and must be repaid after graduation, Pell Grants come with few strings attached and do not need to be repaid. "
"If You Get a DUI In a State Other Than Where You Live, Can They Come and Get You If You Don’t Show Up In Court?","Since the statutes governing DUI crimes are remarkably consistent across the country, DUI suspects generally face the same basic penalties no matter where their offense occurrs. Of course, they must deal with plenty of additional hurdles after an out-of-state arrest. At first blush, these hurdles may appear serious enough to warrant flight. Every year, thousands of out-of-state drivers who can post bail after a DUI arrest flee the arresting jurisdictions and head home. Folks who make this risky decision essentially wager that they can avoid any further run-ins with the law. Driving under the influence is a felony, and most DUI suspects who flee the state in which they were arrested are eventually caught. In fact, flight may deepen a DUI suspect’s legal woes: Once he or she fails to show up for the initial arraignment hearing, the local court usually issues an arrest warrant. Since most state police departments routinely share such information, this document will quickly circulate around the country. State and local authorities are too busy to look for escaped DUI suspects on an active basis, but the arrest warrants that they issue generally remain in force indefinitely. As such, a single traffic stop in their home jurisdiction may be all it takes to bring a suspect to justice for a prior DUI offense. Once it’s been determined that a re-arrested suspect has an out-of-state DUI warrant on their record, the arresting authorities will initiate extradition proceedings against them in a local court. This tends to be a formality: For serious offenses like DUIs, extradition requests are granted almost without exception. Once extradited to the jurisdiction in which their DUI arrest occurred, the suspect will answer to the original charge as well as any additional charges related to their decision to flee. While nearly all extraditions are approved, there may be mitigating factors that encourage the jurisdiction in which the DUI occurred to waive its right to press charges in a local court. Geography is the biggest of these: As the physical distance between the two jurisdictions increases, it becomes more expensive and time-consuming to send out a law enforcement team to retrieve the suspect. In this case, the suspect’s home state may simply suspend their driver’s license as if the offense had occurred there. However, the suspect would almost certainly be jailed upon their return to the state in which the offense actually took place. "
Could I Get My Security Clearance Revoked If I Have a DUI and Recently Arrested for Domestic Violence?,"Any type of government-issued security clearance is an implicit bond of trust between the issuing organization and the individual to whom it is issued. Depending upon the nature of the underlying offense, criminal convictions may undermine this trust. If you’ve recently been convicted of a DUI and are awaiting trial on a domestic violence charge, your security clearance may be in serious jeopardy. Since there are so many different types of security clearances and multiple issuing organizations, there are no hard-and-fast rules for security clearance holders convicted of serious crimes. For most agencies, a single alcohol-related incident is not grounds for revocation. If your initial offense is minor enough, the issuing agency may wait until you have demonstrated a troublesome pattern of alcohol abuse to consider suspending or revoking your clearance. Likewise, you’ll probably be able to keep your clearance after a single DUI conviction. There are exceptions to this general rule: For obvious reasons, intelligence agencies like the CIA and NSA frown upon excessive alcohol use. If you work for an intelligence service, your security clearance may be revoked after a single incidence of public drunkenness. If you were on assignment when the incident occurred, you may be discharged and find yourself subjected to further disciplinary action. If you’re a new clearance holder or you were convicted of a DUI or other alcohol-related offense before applying for your security clearance, your employer may be even less lenient. In these cases, a single conviction may convince the issuing agency to revoke your clearance. Absent a conviction, your interim clearance may still be revoked after you enroll in an alcohol-treatment program or disclose that you have done so in the recent past. Conversely, once you’ve made it through your trial period, you’ll be more likely to retain your security clearance after completing a rehabilitation or treatment program. Your domestic violence charge may complicate matters. If you’re arrested while your security clearance is active, most agencies will take a wait-and-see approach to your case. If you’re eventually convicted, you may lose your security clearance. If you’re exonerated, you will likely keep your clearance but may have to face internal disciplinary measures. Regardless of the outcome of your case, you must immediately report your arrest and subsequent conviction or acquittal. If you fail to report your domestic violence conviction, your clearance will be revoked and you will lose your job. "
Can You Request a Reduction In Your Probation to Join the Military?,"Your ability to join the military is conditional upon many factors, including your medical history, family status, educational attainment, and others. Some of these are static and may permanently disqualify you from service. While your legal status is not, it is generally settled that no branch of the military will accept your application while you remain on probation. If you wish to request a reduction in your probation to join the military, you must either:   After your probation has expired, your ability to join the military may be dependent upon the nature of the crime for which you were convicted. If it was a felony or a serious misdemeanor, it may disqualify you from service for as long as it remains on your criminal record. You’ll need to speak with a qualified lawyer or a recruiter for case-specific information on this rule. Filing Bankruptcy Before Enlisting in the Military? The military forbids its recruiters from providing legal advice to potential recruits. It also bars them from acting as intermediaries between said recruits and their probation officers or the judges presiding over their cases. The military enforces this rule on a zero-tolerance basis: Any recruiter found to be helping a recruit reduce the length of his or her probation is subject to termination. Arguably, the penalties for recruits involved in such a situation are even worse. To protect their own jobs, recruiters are obligated to report such recruit requests to their commanding officers. With few exceptions, recruits who broach the subject of probation reduction with their recruiting officer are permanently disqualified from military service.  If waiting for your probation to end naturally is not an option, you’ll need to approach the judge presiding over your case. You may do this directly using written correspondence or through a lawyer who is well-versed in military recruiting issues. There is no guarantee that the judge will grant your request or even hear you out. In order to secure a reduction in your probation, you’ll likely have to submit to a drug screening and provide proof of residence, gainful employment, and other metrics that demonstrate that you’ve “learned your lesson.” There is a riskier way around the no-reductions rule: At his or her discretion, your judge may cite “good behavior” or some other misleading reason for reducing your probation. "
How To Become A Lawyer Without Going To Law School,"As surprising as it might sound there are several states in our Union that allow a person to become a lawyer without having to go the law school.  Seven states are currently known to allow this situation to occur: Vermont, New York, Washington, Virginia, California, Maine, and Wyoming.  The American Bar Association (ABA) frowns extremely heavily upon this but it is not illegal.  Most states still prohibit out-of-state licenses to practice in their courts so that the ramification of a person who obtains a license to practice law without formal schooling stays essentially within that state. Although one can obtain said license getting that licenses still requires great determination and effort on the part of the lawyer-in-training (LIT).  The phrase is apt as the “no school required” states do require four years of daily, hourly study under the tutelage on a practicing lawyer and learning on the job!  Also, the LIT must pass the state’s bar exam(s).  As expected each state has its own rules and regulations around the LIT situation to insure that the person involved does know the state’s law sufficiently to provide the proper service to his or her clients. One of the striking benefits of the no-school approach falls out of the starkest benefits of this approach.  With no school involved the LIT does not incur the breathe-taking expense that typically results from going through law school.  Numbers like $132,000 and up are spared the no-school or “law office study” (LOS) LIT (LOSLIT).  The striking benefit that comes out of this is the ability to take a lower paying position rather than having to get top dollar to pay off the surreal debt.  Also, the LOSLIT has a number of years of actual experience in a law office (at least four), with a practicing lawyer, having done “lawyer things” day in and day out.  Still, LOS is a tough row to hoe.  Metrics on bar exams shows that over 73% of schooled lawyers pass while LOS LITs only pass 43% of the time.  In most of the LOS states there is no provision for those who did not pass to retake the bar exam again. It is important to note that the ABA was not incorporated until 1878.  There was very little formal schooling for lawyers before that.  There is, however, a litany of great Americans who were lawyers before the ABA came to be and many of them had no opportunity to attend law school; some of them had no formal schooling at all.  Yet, they became lawyers (not sure if they had to be licensed) and practiced law successfully. Another benefit of the no-school approach is that those who could not afford to attend law school can become lawyers in the allowing states.  Not having to face the previously mentioned costs opens the field to those who are very able lawyers yet very financially challenged.  Some people noted that even in this modern age, a number of LOSLIT lawyers have achieved height in their profession, some even to their respective state supreme courts.  That is rather impressive for not being schooled. "
What Is EEGTL Tax?,"EEGTL Tax Overview EEGTL tax is paid by each individual member of an employer-sponsored group term life insurance plan. Like IRA, 401(k) or medical plan contributions, it is typically deducted from each plan member’s paycheck. If each individual member’s coverage remains under $50,000, federal law allows employees to make tax-free contributions to their employer’s group term life insurance plan. However, some group term life insurance plans now carry individual death benefits in excess of that amount. EEGTL tax applies to the portion of each employee’s contribution that covers death benefits beyond the $50,000 limit. It also applies to contributions to plans that provide coverage for members’ dependents in excess of $2,000. Group term life insurance carries a fair market value that is tax-preferred but not tax-exempt. This value is calculated according to the IRS’s Uniform Premium Table I and may vary slightly relative to the plan’s premiums. While it is not exempt from federal income tax, it is not subject to withholding. However, FICA and Medicare payments are withheld from each employee’s fair-value contributions. As such, EEGTL tax accrues at a slightly lower rate than regular-income tax. EEGTL Tax: What You Need to Know EEGTL tax applies to any employer-sponsored group term life insurance contributions on coverages in excess of $50,000. Employees can avoid paying EEGTL tax on policies with sub-$50,000 coverages thanks to Section 125 of the IRS code. Known as “cafeteria plans,” employer-sponsored benefit arrangements set up under this statute are not required to withhold federal income, Medicare, FICA and FUTA taxes from employee contributions. Typical benefits provided in a Section 125 cafeteria plan include health insurance, dental insurance, special supplementary coverages like accidental death and dismemberment, and group term life insurance. Within the Section 125 framework, group term life insurance is an outlier: It is the only “fringe benefit” subject to a cap on tax-free employer contributions. For an employer-provided life insurance to be considered part of a “group plan,” it must meet several requirements. First, it must be provided to more than 10 full-time employees. Even if a business has more than 10 employees, it may not achieve the “10 employee rule” if it requires its employees to pay for coverage that extends more than one year beyond their termination date. Provided that they provide group life benefits for all of their full-time employees, the IRS will exempt businesses with fewer than 10 employees from this requirement. Under Section 125, group term life insurance benefits must be distributed more or less equally among eligible employees. If certain “key” employees receive benefits valued at 125 percent or more of “non-key” employees’ benefits, the “key” employees must report them as taxable income and the $50,000 benefit exemption does not apply. In this case, EEGTL tax is assessed on the entire fair value of the plan. Former employees who elect to continue receiving group term life insurance benefits in excess of $50,000 are responsible for paying their own EEGTL tax. "
What Is an Underlying Mortgage?,"Underlying Mortgage Overview An underlying mortgage is an original loan taken out by a housing cooperative to finance the purchase of the land or building that it occupies. This term may also be known as a “blanket loan,” “blanket mortgage” or “blanket debt.” Although it may also be used to describe both the initial loan in a wraparound mortgage agreement and one of the pieces of debt that comprise mortgage-backed security, it is most commonly used in relation to the housing-cooperative market. A cooperative’s underlying mortgage payments may swallow a substantial amount of its members’ monthly fees. Although co-op arrangements vary widely, members often subsidize the cost of their association’s underlying mortgage even when they are responsible for a separate mortgage on their individual unit. Once the obligation has been paid off, their membership duties may drop significantly. In fact, underlying mortgages represent a principal source of income for struggling housing cooperatives. In recent years, a robust secondary market for these products has made it increasingly easy to refinance them. Co-ops may also refinance their underlying mortgages to pay for major expansion or upkeep projects and to take advantage of lower interest rates. Mortgage Law: Judicial vs. Non-Judicial Foreclosure Underlying mortgages can be sourced through one of two principal sources: While co-ops have traditionally turned to primary lenders for support, the secondary market has become increasingly viable thanks to persistently low rates and lax financial regulations. Since co-ops tend to have access to deeper pools of funding, underlying mortgages with terms as short as five to seven years are not uncommon. They become especially prevalent when interest rates fall. A building association that elects to secure short-term financing for its property may pass this cost onto its members. However, to prevent dues from becoming prohibitive, it may spread the full cost of the mortgage over a longer period of time. This has the added effect of reducing the financial burden on charter members and affording new members a stake in the property. In addition to the advantages associated with their refinancing, underlying mortgages may provide co-op residents with a surprising tax benefit. If they can prove that their monthly dues are used to cover payments on the co-op’s land or building, they can use the interest on the mortgage-related portion of those dues as a tax write-off. On the other hand, underlying mortgages pose significant risks to co-op members. If the association’s board elects to take out an adjustable rate or a balloon mortgage, it may set up the co-op for disaster in the event of an unexpected interest-rate spike. In addition to losing their equity share in the underlying property, shareholders evicted from their co-op due to bank foreclosure or a bankruptcy filing on the part of the association will remain responsible for paying off the secondary mortgage on their former unit. "
What Is an ALPLN Loan?,"ALPLN Loan Overview An ALPLN loan is a type of private student loan. The terms “private” and “alternative” may be used interchangeably to describe this student credit facility. They tend to carry higher rates of interest than government-issued products like PLUS, Stafford, or Perkins loans. As such, most experts recommend using them only to supplement federally-backed loans and scholarships. Since ALPLN typically comes with higher loan limits than their federal counterparts, they are often used to cover the cost of tuition at expensive private institutions. Graduate students who do not qualify for financial aid may also utilize ALPLN loans. The base rates of interest on these products vary according to the proclivities of their issuers and the credit ratings of their borrowers. Once issued, most ALPLN loans adopt variable interest rates that closely track the LIBOR benchmark and change quarterly. Some lenders may offer low “teaser” rates for a specified period at the outset of the loan’s term, making alternative loans an attractive option for families who can afford to pay back a significant portion of their balance in short order.  As a Sole Proprietor, Can I Write Off My Student Loan Payments? Since they are not backed by the full faith and credit of the U.S. government, ALPLN loans may require borrowers to find a co-signer. This is especially common for young borrowers and older students attending college for the first time. In fact, many lenders have taken to requiring a co-signer for their ALPLN loans regardless of the circumstances. In order to remain eligible to receive disbursements, borrowers generally must take enough school credits to be considered a half-time student. Once a student drops below half-time status, they must begin repaying their loan immediately and may forfeit future disbursements. Most lenders require students who wish to renew their full-time status to reapply for their loans. The repayment term on a standard ALPLN loan may range from 10 to 25 years. Any fees associated with the loan’s origination are added to the balance to be repaid. Most lenders offer three basic repayment options: Borrowers must begin repaying student loans specified as “immediate repayment” vehicles as soon as the loan is granted. Doing so may be challenging for a full-time student with limited employment opportunities. However, it can benefit students whose parents have chosen to assume the cost of the loan: If their parents can pay off most or all of the loan before its low teaser rate expires, they may save considerable amounts of money. Alternatively, members of the workforce who attend graduate school on a half-time basis may elect to use this method for the same reason. While they’re attending school, “interest-only” borrowers must repay the interest on their loan’s principal as it accumulates. Once they graduate, they will be held responsible for repaying its full principal and any additional accumulations of interest. “Full deferral” ALPLN loans must be repaid after a pre-determined grace period that may last as long as 12 months after graduation. "
A Felon Taking the Bar Exam,"— Going to Law School — Taking the Bar Exam — Becoming a Licensed Lawyer — Allowed to Practice Law Each of the above bulleted points is a step a person needs to take to become an experienced practicing attorney in that person’s resident state.  Each state’s rules for becoming a practicing lawyer in that state differ somewhat from each other state but each of the states have essentially the same types of rules.  Also, there are differences in each state for the licensing of lawyers and restrictions for becoming a lawyer in a particular discipline or business.  What becomes a little odd, what seems to be odd, is that some states have rules that make it very difficult to attend law school in that state if the person has a prior felony.  A felony is not an automatic bar, but ….  It is a question on most law school applications in almost every state.  It is something that the school apparently can take into account when reviewing the application for acceptance or rejection.  The same goes for taking the bar exam.  Each state handles it the way it wants and some states, such as Florida, will not allow a felon to take the bar exam.  Nearly every state has a rule about getting the license to practice.  The person to be licensed must have objective evidence that he or she is a person of good moral character, complete rehabilitation, and a member of the community.  Each state seems to express it in some different way, however.   According to many experts several states will not license a lawyer who is a felon.  Some states require at least five years having past following completion of sentence before considering an attorney license to a former felon.  Some states just have the morals and character and fitness criteria.  In most states the state supreme court and the state bar association are the ones that set the rules and conduct review for licensing approval or rejection.  Rejection can be due to having poor financial capability – it makes a lawyer potentially subject to temptations of money or favors.  States do not want to have these types of people as lawyers.  One of the criteria is moral turpitude.  Lying, cheating, and stealing are all crimes of moral turpitude.  This is another type of person that states do not want becoming lawyers.  A state review board called the “Character and Fitness” review board has the accountability to investigate these exact attributes in each and every attorney candidate seeking a license.  They go very deep into each candidate’s background to make a learned decision based on this due diligence.  State review boards are one’s that get hammered by the press and community when a bad apple turns up in the barrel of lawyers.  Everyone expects perfection from this discipline and its licensing boards.  It becomes the candidate’s challenge, especially with a felony in the candidate’s past, to convince the Character and Fitness board of one’s character and fitness to practice law in that state.  Experienced people state that the board show very, very little leniency in these areas.  Not impossible, it is a tough hill to climb. "
Impact of Out-of-State DUI,"Consider the scenario where a person is out of state and is arrested for DUI.  What impact does this event have on that person back in the person’s state of residence?  While each state is sovereign and has its own laws and penalties around DUI the states do essentially the same things and are fairly close on its penalties and relationships with other states.  Many but not all states currently use a national information system that share conviction details.  The system is now in place and is known as the Interstate Compact.  It is a multi-state agreement among participating states.  These states share information and reciprocate actions against violators.  Currently Wisconsin, Tennessee, Georgia, Massachusetts (MA), and Michigan are all Non-compact states and do not share DUI conviction information through the system.  MA will notify a person’s resident state directly and provide the details of an arrest, BAC testing, and any other pertinent information.  MA will also treat an out-of-state DUI just as if the DUI occurred in MA.  Another system, the National Drivers Registry, is a central repository of driver events allowing other states to review an out-of-state (OOS) driver’s record in the event of a stop or subsequent arrest.  Most state act in some way as does MA with a MA resident arrested for an OOS DUI.  This means that the resident will have his or her license suspended, likely for one year.  If the resident ignores the OOS hearing, the resident can expect a bench warrant for that resident’s arrest.  It is unlikely that this warrant will lead to the extradition of the resident to the arresting state.  The experts state that no state will have a resident stand trial under the resident’s state law for something like a DUI that occurred in another state.  The arresting state can and will hold the OOS offender for a hearing and or trial if the circumstances warrant it.  If there are fees and fines, the OOS offender will likely have to pay them before being allowed to leave the arresting state.  The arresting state apparently gets what is can from the situation, such as it is.  It is as if the state knows that it will not likely see the OOS offender again, but the bench warrant is a way of getting the offender if he or she is identified while again in the arresting state.  Several people experienced such an event, traveling through a state with an outstanding warrant for an unresolved DUI, then being stopped, identified, arrested, and jailed.  What fun if on a trip with family.  It is recommended by experts to not ignore the summons to a hearing even if out of state.  The arresting state does not really care about the hardship of returning to the state for the hearing.  As many people comment the accused should have considered that before drinking and driving.  It often sounds a bit self-righteous, but it is the correct way of viewing the situation.  Too many people have just a few beers or glasses of wine at dinner and somehow get into a police stop and arrested.  It is simply the law being applied whether one likes it or not. "
Bankruptcy Protection from a Civil Suit,"When a person files for bankruptcy and the filing is accepted by the court, the person who now becomes a debtor receives immediate protection from any and all forms of collection and litigation due to financial liability.   Assuming that a civil suit was being initiated due to past due monies being owed a creditor, that civil suit is stopped in its proceedings.  It cannot go forward until after the bankruptcy discharge and will only be a worthwhile civil suit if the debt the debtor owes that particular creditor somehow survives the discharge.  If the debt is wiped out, the civil suit goes with it.  The creditor and his or her civil suit are bound by the automatic stay as soon as the court clerk stamps or time punches the filing that now becomes a petition.  No one has to necessarily notify the creditor of the filing.  However, once known the creditor must cease collection efforts or face contempt charges.  The debtor’s petition has to undergo scrutiny by the court and an assigned bankruptcy trustee, and survive this scrutiny.  This is the typical situation.  But, that does not make the wiping out of the debt a guarantee. The creditor is not simply brushed aside in bankruptcy cases.  The creditor has the right to be present during the “341” hearing, the interview session by the trustee of the debtor as required by Section 341 of the Federal Bankruptcy Law (FBL).  The debtor is under oath and bound by this regardless of who is asking the questions.  One of the underlying purposes of this hearing is clarify any information filed with the petition that needs clarification, and to determine that what the debtor filed under oath holds up under scrutiny.  Creditors are often allowed to also ask questions of the debtor.  The reason a creditor would ask the debtor questions would be try and establish either fraud or intentional misconduct.  “Intentional misconduct” has a legal definition that can be applied.  The term “intentional misconduct” legally means “… conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person [42 USCS § 1791 (b) (8)].”  To paraphrase the situation, if the debtor’s lack of payment to the creditor willfully put someone else into harm’s way, the trustee and or the bankruptcy court judge could exclude that liability from discharge, keeping the debt in existence, keeping the civil suit in a viable state.  Also, if the debtor came by the debt in a fraudulent manner, say by lying to the creditor to obtain a credit line, then running out the credit, refusing to pay the creditor and using the bankruptcy Chapter 7 to wipe it out, again, the trustee and or the judge could exclude the debt from discharge.  A creditor who wishes to challenge the discharge must do so within sixty days after the discharge is issued.  The challenge will be showing that the debtor obtained the credit by lying, not lying about things after receiving the credit.  It is an essential point in the drive to retain the debt. "
Jail Time Awaiting Extradition on Old Out-of-State Felony Warrant,"A person who has an outstanding arrest warrant for an out-of-state felony is found out, arrested and jailed while awaiting extradition.  The question that comes to roost is how long the resident state can hold the accused while the felony state gets around to extraditing. Most experts agree that the typically amount of time one state gives another for extradition is about one month, 30 days.  This waiting time of one month includes the notification to the felony state that the resident state has the accused in jail, through to the point where the felony state comes and picks up the accused to stand trial, or to decide that the felony state does not want to prosecute, regardless of the reason.  There is always the situation where the felony state might request an extended time allowance to get its preparation and or decisions completed.  The resident state might not feel like extending the time for whatever reason.  The US Supreme Court has upheld a state’s right to refuse extradition.  Only Missouri and South Carolina do not participate in the Uniform Criminal Extradition Act (UCEA).  The UCEA provides the right of the state, even a citizen, to arrest fugitives in the resident state accused of a crime in the felony state if the penalty for that felony in the felony state is at least one year in jail.  While Missouri and South Carolina have not accepted the UCEA, it does not prevent those states from having their own extradition laws and using them to the fullest. Just an odd thought … There is no evidence any the resident state would consider having the accused stand trial in the resident state for the felony done in another state.  From experienced individuals to experts in this area, if a felony state either decides to not extradite or fails to decide in the allotted 30 days, the resident state will simply allow the accused to go free.  There are instances, however, where one state feels that the accused could not get a fair trial because of media coverage corruption of the available jury pool, and moving to another state to gain an unbiased (at least a less biased) jury for the trial.  The defense attorney cannot simply make the state move the trial elsewhere.  Motions and hearings for this “change in venue” would need to be filed and processed before such an event would be approved.  The logistics for such a happening must be somewhat chaotic.  Apparently this type of change would only have legal basis if the case is a federal case rather than a state felony.  State sovereignty over its laws, procedures, magistrates, judges, and courts makes the state to state change in venue improbable.   But what if one state brought its own judges to the other state …?   Not allowed, again due to the sovereignty of each state. Unfortunately, many people who experienced this situation simply waited out the extradition, knowing that most states and out-of-state jurisdictions are so overworked that the states and jurisdictions prioritize the crimes they want to take to trial and simply leave the rest untried.  It is a sorry state of affairs. "
Impact: Buying a House Right after Bankruptcy,"The only constraint to a person’s ability to buy a house right after emerging from a bankruptcy by discharge is finding someone who will give that person a loan to buy that house.  Knowing that mortgage providers use a formula involving income, liabilities, credit rating(s), family size, and some other criteria, the emerging debtor may or may not know the financial picture that the debtor now has, may or may not realize what his or her financial picture means.  A typical scenario for a person who becomes a bankruptcy debtor is that before filing for bankruptcy, the person filing has likely been going through some rather difficult financial and credit situations.  Depending on the number of creditors involved and the length of time the difficulties have been going on, the person who will file has likely had his or her credit rating in a steady decline.  Creditors typically file their information to the credit bureaus every month to three months.  While creditors must halt collection action while the debtor is in bankruptcy, the creditors can and likely will continue to report the account as being delinquent, continuing to negatively impact the debtor’s credit score.  Consider the fact that a Chapter 13 bankruptcy will continue for 36 to 60 months before discharge, but you also have that time to prepare for coming out of bankruptcy.  While many people have stated their experience of losing 100 to 200 points from their credit score following bankruptcy discharge, some have stated that they experienced 300 to 600 lost points.  It is hard to express anything reasonable in facing a 600 point loss on a credit score.  Brutal does not seem adequate in any way to describe that outcome.  Those experienced with reclaiming credit and obtaining credit after a discharge related that improvements can begin to be felt within six months.  Most general lenders want to see two years of problem free on-time payments before considering making a loan.  Those lenders who are willing to provide loans sooner are very likely to demand higher interest rates and adjustable rates.  While a higher rate is possibly doable, an adjustable rate can quickly drive the person back into a financial struggle.  Most recommended staying away from the adjustables. One specific lender that a person fresh out of bankruptcy should consult with is the Federal Housing Administration (FHA).  The interesting and rather good news about the FHA is that they do not use FICO® credit scoring to make a loan decision.  If this is actually accurate, then the constraining criteria end up being rather simple.  Except for the necessary waiting periods stated, almost anyone in need should be capable of applying for an FHA mortgage. To qualify for an FHA loan you need: — to wait 24 months after your Chapter 7 discharge Or have both
— a discharged Chapter 13 and
–12 months of on-time Chapter 13 payments if you’re still paying your trustee as well as trustee approval to obtain the loan while under bankruptcy control. Also, most FHA loans have upper limits for different property areas. One needs to check and know what the loan limit is and that the mortgage being sought does not exceed the loan limit for that area. Once one knows what the area loan limit is one only has to contact an FHA mortgage lender and inquire about applying and being pre-approved. "
Expunging DUI in California,"The reasons for having a California DUI expunged are to: This can occur with a successful request to the Court for review of a DUI in California or conviction related to driving drunk.  The Court will initially review and determine: The Court then may allow the requester to withdraw his or her plea or guilty finding or no contest, and subsequently orders the case dismissed.  A legal withdrawal of a plea, any not guilty entry, and a court dismissal of a California DUI being granted, the requester is released from every penalty and punishment due from the DUI conviction.  The Expungement law (Penal Code Section 1203.4) provides in part: “[Requester shall]…be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except…” However … The expungement does not allow the person to ignore the obligation to disclose the expunged  conviction in response to any direct question contained in any questionnaire or application for public offense, for licensure by an state or local agency, or for contracting with the California State Lottery. Also … The expungement does not allow the person to own, hold, or have custody or control of any firearm capable of being concealed by the person, and it does not prevent conviction of the accused under California Penal Code section 12021. If any employers ask about being convicted of a crime, the person can usually answer “no”.   Since every question can be different it is advised to contact an attorney before answering any specific question. On questions by government agencies or government licensing applications the person must disclose the expunged case. A dismissed DUI conviction can and will be used as the basis for repeat DUI and likely add to penalty and punishment in future DUI cases. The offense is “priorable”.  It can be used put the offender in jail or increase the length of a DMV suspension. An expungement alters the disposition of the case to reflect this dismissal under 1203.4 of the Penal Code. This means that the Court file, the California DOJ, and the FBI must alter their files to show that this case has been ordered dismissed by the Court. "
Take a Chance: Plead Guilty to DUI without a Lawyer,"Every state, every jurisdiction has laws against drinking and driving.  Be it driving under the influence (DUI) or some other acronym or name, it is the same thing.  Every state and jurisdiction has its own penalties and fines and uncomfortable results for a person who is arrested and convicted of such a crime.  The penalties and fines and uncomfortable results get worse if the person is a repeat offender.  The person arrested, the accused, likely does not know the law, the courts, the judges, the magistrates, the district and prosecuting attorneys and the police officer(s) involved in this case.  The accused does not likely know what is going to happen when, essentially going along for the ride that will end up in court, most likely.  The accused does not likely know what to say when, what not to say, how to leverage actions or events that come up along the way to the court hearing to his or her benefit.   The accused likely does not know how to negotiate when applicable, does have any relationship with any of the trial personnel or the law enforcement personnel to leverage in the proceedings. But, the accused has the option of pleading guilty to the charges and essentially throwing one’s self on the “mercy” or subjectivity of the court.  What can occur, one might ask.  Well, the answer starts off with the opportunity for the accused to a trial and judgment by a jury of the accused’s peer will no longer be an option.  The penalties, fines, fees, jail time, and whatever will be dictated by the subjective though focused opinion of the judge.  The answer could be the worst results possible in terms of penalty, jail time, fines, fees and whatever else the legal system can devise.  Or, the answer could be the least with the accused essentially getting off with only whatever is mandated by the state’s or jurisdiction’s laws.  Or, it could be something in between.  All of this can and will happen in some shape or form, when an accused takes on the legal system on his or her self.  No, it does not seem to a smart approach to the situation.  But, it is the right of the accused to not have representation or to represent one’s self.  Of course, the accused could feel such remorse about the situation, feel so much guilt having committed this crime that the accused perceives the only solution is to allow the court to punish the accused as severely as the court deems proper. With a lawyer, even one that is assigned by the courts, the accused has the opportunity and options to change if not at least lessen the outcome of this case.  The accused’s lawyer will use his or her knowledge and relationships of the court and people to bring about a better outcome.  The attorney knows the law, knows how to argue for and against what is said, what might be inferred, knows how to negotiate towards that better outcome.  A lawyer can cost money, but that is what the accused pays for – a person who knows how to make the best out of a not so good situation. "
Weighing Choices: File Bankruptcy or Let Car Be Repossessed,"Most people with experience in this or with an opinion recommended leaving bankruptcy as the very last option, mainly because what a bankruptcy discharge does to one’s credit score.  Typically, a debtor can expect at least a 100 point downturn and as much as a 200 point downturn on his or her credit score.  That is an event that is difficult to turn around.  With that in mind, the focus comes to the vehicle that is the debtor’s concern.  A loan that uses the asset being purchased as the security for the loan of that asset the loan is a called a secured loan.  This asset has worth when it is purchased and its worth will typically increase or decrease over time.  With a car the asset worth often decreases.  As most people know the worth decreases more quickly if the car is need of repair and or not taken care of very well.  When a car owner has a loan on the care and that loan is in arrears, the chances of repossession increase as the arrears’ term lengthens.  When a car is repossessed, the (previous) car owner can be faced with a discrepancy judgment.  This judgment is given to an asset repossessor, the judgment requester that can show that the asset is worth less than the amount owed on the loan.  The judgment can also contain any additional cost and fees that the repossessor incurred due to the repossession.  Repossession appears on a credit report.  A court judgment will also appear on the debtor’s credit report.  Even the debt owed after repossession and before judgment is reported against one’s credit score.  At least one expert stated that repossession itself will impact a person’s credit score from 50 to 150 points.  That is almost or as bad as a Chapter 7 discharge’s range.  Then comes the unpaid amount; then the judgment.  One person related that an unpaid judgment continued on a credit report for twenty years.  Typically, its seven years, like repossession.  A discharge stays on a credit report for 10 years. Now, the comparison … Credit score:  chapter 7 discharge is 100 to 200 points while the repossession is 50 to 100 points. But, the additional credit score entries for unpaid balance and judgment might simply balance them out. Amount to pay:  a Chapter 7 discharge wipes out the car and its debt while the repossession is a circus of stress, phone calls, irritation.  Chapter 7 would appear to weigh better in this balance.  Also consider that Chapter 7 may leave the debtor with the car if it has little liquidation value.  The debtor might be able to at least sell the car for parts or a tax write-off, or even get some money for it in a “trade-in” if the debtor can find someone to sell the debtor another car on loan. Have a car:  Chapter 7 may leave the debtor with the car that cannot go while the repossession will definitely take the car and leave a judgment or worse. A bankruptcy will (very well should) incur lawyer fees.  Not sure on a repossession …  Debtor’s choice. "
"Quitclaim Deed Impact: Ownership, Mortgage, and Bankruptcy","A quitclaim deed is a very simple conveyance vehicle.  It holds the statement that the person named and whose signature the vehicle bears (grantor) has quit, the legal word is remise, any ownership to the property named and conveys it to the person who holds this quitclaim (grantee).  There is no guarantee or warranty connected to this quitclaim.  The trick is that a person who owns absolutely no ownership of a property can file a quitclaim to that property.  Why might someone do so, one might ask.  To perpetrate fraud, sell someone zero ownership to a property, is a very likely reason.  The problem with a quitclaim deed is that it does not have a legal remedy if the claim is wrong, bad, not there.  The one who holds the quitclaim is left holding the bag.  Nice. Before discussing the impact of a quitclaim on a mortgage, it is best to insure knowing what it means to a co-signer on a mortgage.  As a co-signor on a mortgage means that the co-signor’s financial position was used, along with the financial positions of the other co-signors, to obtain the mortgage.  As a co-signor on the mortgage, each co-signor can be legally held solely accountable for the remaining amount of the mortgaged loan.  “Solely accountable” means exact what is says.   For example, if three co-signors were sending money to co-signor #4, and that person took off for parts unknown, the mortgage company would come after the remaining three for its money.  This is bad business.  If one co-signor was left, that co-signor would be stuck with whatever the problem now is.  This is very bad business, indeed. Now, it is on to bankruptcy.   The situation above is very indicative of what a bankruptcy does to a co-signor left with the responsibility of the mortgage after the debtor co-signor has had his or her responsibility for the mortgage discharged.  The non-filing co-signors must be listed on the assets and liabilities list containing the mortgage.  The non-filing co-signors may even be notified and invited to the debtor’s 341 hearing.  At that time, they may even be able to ask, “Hey, Joe.  What did you do with last three months of mortgage payments?”  If “Joe” cannot account for it, or has hidden it, the bankruptcy could be dismissed and “Joe” could be charged and tried for contempt of court and bankruptcy fraud. So, what is the impact of a quitclaim deed on a mortgage?  True answer is that it has no impact.  A mortgage is based on ownership.  Co-signors co-own the property.  When one of the co-signors quitclaims the property, it leaves the remaining co-signor(s) with the rights, and liability, to the property.  However, a quitclaim has no impact on the accountability for the loan.  The co-signor who quitclaimed still owes that share and still has financial obligation for the loan.  If that quitclaim co-signor now goes to bankruptcy court, the quitclaim still has no impact because bankruptcy is all about finances and financial accountability and nothing about a quitclaim.  In fact, it makes little sense to have filed a quitclaim in the first place. "
Activities and Events that Occur at a Pretrial Hearing,"After a person is arrested and or charged with some particular illegal activity, a pretrial hearing is often scheduled.  A pretrial hearing is a session with the judge that occurs before trial.  There is a number of reasons for a pretrial hearing.   The pretrial hearing is an accused person’s last court appearance for a criminal charge before the case goes to trial. At this hearing, the various participants, mainly the district attorney and the defense lawyer, generally have acquired whatever information they believe that they need to fully negotiate and navigate the case, including information from the crime victim and witnesses. To negotiate the case, the prosecuting attorney will have gathered and considered the following points:   What Does Disposed Mean In A Court Case? If the parties are unable to resolve the case by negotiation, the pretrial occurs, and a trial date will be set. Negotiation between the prosecutor and the defense can continue pending trial and often continue during the trial.  The process of the pretrial hearing begins with an agenda, the reasons for having the pretrial.  Most cases are brought to the court because of a conflict in a process of a legal event, like a divorce or a settlement over seemingly basic issues and these can often be solved without a formal trial.  Both parties and their respective lawyers must be present to be near the judge who needs to mediate this discussion. If one wants an experienced lawyer present in the local process who may know the judge involved and one abides in a particular city or jurisdiction, then a good idea is to have a local legal action or criminal attorney who will most certainly see that the client has the legal power to help if one needs it.  Most trial cases of criminal activities in which the accused usually expresses a plea occur in the pretrial hearing, always outside the court trial.  Many things can be discussed during this hearing, which can be later used in the court if required.  A client needs to understand the details of a pretrial hearing, explained by their criminal attorney primarily because a judge is present. The judge often lays down some basic rules before the trial actually starts.  It is purposeful for the attorney to manage any discussions that occur without damaging the situation of the client. Experts explain that there have been situations where the pretrial hearing has even solved the case without a trial.  For this simple reason, a pretrial hearing is preferred by many people. An accused person will not necessarily be facing jail time at the pretrial hearing.  The Judge must make sure the accused understands the charges, explain the rights the accused has in the particular situation the accused is in, explain the type of sentence and penalty the accused faces, and will discuss bail, release, or custody with the accused.   "
Obtaining a Real-Estate License after Filing for Bankruptcy,"Federal Bankruptcy Law (FBL) has a section, 525a that prohibits any government agency from causing a person to be denied a professional job license based solely on having filed for bankruptcy.  Whereas real estate licenses are granted by the sovereign states of the United States, federal bankruptcy law applies to these real estate licenses.  Section 525a rules also hold the same for license renewals.  Bankruptcy itself cannot impact obtaining or renewal of a real estate license when someone applies for a job at a federal agency.  Federal law, however, also prohibits such bias by the real estate companies themselves.  Companies set their own criteria for these types of situations and cannot have that bias in their hiring practices.  Section 525a again rears its powerful influence. There is a law against it.  That being said, many people experienced in this, seeking a job in real estate but also having suffered a bankruptcy, have felt that there was a bias in the real estate agency.  Several experts stated to not hide the fact of a currently filing or previously being in bankruptcy.  It is all about the hiring company wondering about the integrity of this candidate.  Up-front admission removes doubt about integrity later.  If there is a hiring bias, better to know early and go elsewhere if necessary. To take this a bit further, section 525a prohibits any government agency from causing a person to be denied any professional job license based solely on having filed for bankruptcy.   This includes lawyer, doctor, engineer, any discipline that demands licensing or certification.  It is easy to see that anyone hiring a current or former debtor can concoct a reason for not hiring such a person.  In some states additional laws and rules expand the prohibition to state agencies, and in some cases to vendors and suppliers who work with and or for state agencies.  Federal and state laws view this bias as discriminatory, and have made it illegal to do so.  Proving any wrongdoing, however, can and often is a very difficult thing to accomplish.  Experts and many people list any of a large number of federal and state statutes that prevent bias and or discrimination for any number of situations, attributes, conditions, or themes.  While each hiring company is required to know and follow anti-bias and anti-discrimination laws, it is well known that bias and discrimination still exist. Several experts and some people who successfully overcame what they thought was a bias said that a candidate in the making needs to practice what he or she might state when writing a cover letter or in an interview.  It is fair to ask the interviewer if a bankruptcy raises a question of integrity in the company.  The answer should come back as no, giving the candidate an opportunity to specify (for no longer that five minutes) why a bankruptcy has no impact on the candidate’s integrity or future financial dealings.   "
Obtaining Passport with Recent Felony DUI,"Federal law specifies reasons a US citizen must be denied and could be denied a passport.  Most, if not all convicted felons will have no issues getting a US passport. A person’s passport holds no information about the person’s criminal record and does not provide a person any statement of character. One’s passport simply identities the person stating that this person is a citizenship to a particular country. Again, every US citizen is eligible to apply for and to obtain a passport.  Unless the person is an enemy of the US or preached sedition and treason, save a few federal caveats: Federal law prohibits a US citizen from obtaining a passport if … Federal Agencies have the power and discretion to prohibit obtaining a passport if … The person can be denied a passport by the U.S. Secretary of State if the person is identified as a serious threat to national security or to U.S. foreign policy, in the states or out of the country. If the person is a convicted felon that already holds a U.S. passport, that passport can be revoked or have limited travel restrictions put upon it if the person is in one of above bulleted situations.  If the person lied to get the passport originally or if the passport has been altered, or use under false pretense, meaning fraud the passport can be revoke or taken from the person’s possession. Use of a passport can be invalidated for travel through countries with who the United States has formally declared war. Also if there is a severe danger to any US citizen.  The Secretary of State has this power over passports.  One can check the Federal Register for applicable information. A bigger problem than a passport is finding a country that will accept a convicted US felon, even if it is “only” a DUI.  Canada will refuse a US DUI misdemeanor, never mind a felon, Mexico, likewise, will refuse.  If a US felon travels to Canada or Mexico by ship, the US felon will not be allowed to disembark onto foreign soil.  So, a passport can be obtained but one may have nowhere to go. "
Timeline for a District Attorney to Bring Criminal Charges against an Accused,"This is another one of those situations where the individual states having varying statutes of limitations on various crimes, types, levels, and if it is a repeat offense.  Many experts from various states noted that the district attorney has up to one year in most states and up to two years in a number in remaining states.  This is one year – two-year limitation is for first-time offenses, usually misdemeanors.  As crimes become more serious, as is a felony, or a more serious class or level of offense, or if this is a repeat offense, the limitation value often increases.  In serious crimes, the accused may be jailed until an arraignment, but it is unlikely that the courts would allow that long jail time without charges to occur. The amount of time taken by a district attorney to bring criminal charges can be simply due to workload.  Most courts and district attorneys want to bring the more serious charges to court sooner.  Sometimes a court is simply overwhelmed by the number of cases and workload it has.  Other times it is the amount of time needed to investigate the crime(s) involved.  Interviewing witnesses, forensics, and the like, all add time to such an investigation.  Sometimes it is simply trying to find time for an arraignment in the court’s very busy schedules. The DA has to be very organized, filing papers for charges with the court, arranging whatever needs to be arranged.  In the meantime, a person who is likely to be accused can have his or her lawyer active and seeking to have whatever chargeable situation dismissed, or delayed with appropriate defense filings.  As a point of process, a number of lawyers noted that the district attorney’s office will send a letter to inform a person that the DA is moving ahead and filing charges against that person.  The letter will most likely also be a notice of a hearing to be held for the bringing of these charges to court, requiring that person to appear.  If the person fails to appear, the court will issue what is known as a bench warrant.  Many people who have been on the wrong end of a bench warrant will swear that the warrant is served at the most embarrassing and inconvenient time.  It is the person being served who has the responsibility for being on top of what is occurring. How To Get Criminal Charges Expunged From Your Record It was noted that the person’s address on file with the state DMV is typically the source for a mailing, such as a court notice.  It is the person being accused who has the responsibility for ensuring that the address that is on file is correct so that the notice is delivered as expected in a timely manner by snail mail.  It was also noted by the experts and lawyers that the courts have no obligation of giving notice that no charges will be filed or that an arrest has been dismissed.  It is expected, again, that the accused and the accused’s lawyer are keeping track of what is going on and keeping themselves aware. "
"Canada, and Other countries, Can Refusee Entry due to Reckless Driving, Misdemeanor DUI.","Most people believe without any question or doubt that Canada has “open borders’, allowing almost everyone in the country. This is definitely not true. The Canadian Customs and Immigration Officers have an ultimate authority by law to allow and refuse anyone entry to Canada.  Nobody, no one, has an unquestionable right to enter Canada. Most people, however, if they do not have any criminal record are allowed entry.  This is another long term penalty that a person can suffer after having been convicted of some wrong doing in one the United States; refusal by a country to allow that person to enter into its territory is a right of every sovereign nation.  Even if the criminal act is only at a misdemeanor charge level, Canada, which shares the largest border with the United States, routinely refuses entry across its borders to anyone Canada determines is an undesirable.  Canada makes few exceptions, be it for relatives or business, for an hour.  Canada and many other countries view criminal activities somewhat differently than do any of the sovereign states that comprise the United States.  One very significant example is that a DUI misdemeanor in most, if not all of the states in the Union, is considered to be a felony in Canada.  The United States routinely refuses entry to the US by anyone who is a convicted felon in his or her own country.  While Canada can, does, and will deny entry to almost all with a DUI on their record, there are methods one can follow to be given permission for entry into Canada even with a DUI.  A person does have access to these methods if that person is willing to apply well before his or her trip or on the spot at border. It is heavily advised to make this application well in advance.  Google “Canada DUI Temporary Resident Permit Approval of Rehabilitation” for more information. The Canadian border customs agent does not have to ask a person if that person has any previous criminal conviction.  This includes misdemeanors. Anyone coming into the country is required by Canadian law to declare the conviction to the customs agent whether asked or not. If a person does not make such a declaration and then are discovered or questioned after entry, that person can be charged for illegally entering the country, which is far more serious. A person can be blacklisted and banned from entering Canada ever again. This will had a far more serious effect on you as it could also prohibit you from entering other countries.  It is advised to always know your responsibilities.  This requirement is clearly stated in any travel document that a person must proactively declare any prior arrests and or convictions. Since 2003 Canadian police and federal agencies use CPIC, the Canadian Police Information Center, which is a database maintained by the Royal Canadian Mounted Police (RCMP).  CPIC communicates with the United States National Crime Information Center (US NCIC), National Law Enforcement Telecommunications System (NLETS), Interpol and other international agencies. "
DUI Probation Violation – What is likely to happen,"It is often a struggle to try and figure out what part of probation do probation violators not understand. Brilliant move, it is.  It is also often a struggle to figure out why probation violators are so surprised by the fact that quite a bit of bad is likely to happen for being momentarily short on upholding the trust given by the courts and violating probation, especially in the wonderful state of California.  Probation is a statement of trust with which the judge allows the convicted person to not do jail time in trade for the convicted person’s agreement to obey the law during the period of probation and following other rules, like reporting in to the assigned parole officer.  It is expected by the court that the convicted person will respect these expectations of the judge and court and uphold that given trust.  A probation officer is assigned to the case and this is the person to whom the probated person now reports, providing evidence of meeting the court’s expectations.  Then, this DUI probation is violated.  A second DUI occurs and an arrest occurs for being on probation and violating the law again.  Experts say that it is likely that any penalties that the judge went lenient on from the first DUI may be re-applied now.  That includes jail time.  It especially includes jail time.  The mandated penalties from the second infraction can be, and will likely be applied in addition to the first occurrence’s penalties.  See where this is going?  The probation from the first occurrence will likely be revoked.  The parole officer or the court could issue a bench warrant for the violator’s arrest because of the breech of probation.  The result of this bench warrant could be immediate jail time.  Some experts recommend turning oneself in to the police voluntarily for the probation violation to save the embarrassment of being arrested at work, or while doing chores, or even at home in front of family.  A few people with experience from bench warrants said to immediate contact a lawyer who will tell the police the violators schedule and that the violator will voluntarily surrender when the bench warrant is issue.  Notice that is was “when”, not “if”.  Essentially every violator that related his or her experience stated that violating probation was even more wrong a move that doing the initial DUI, fully due to the results of that reappearance in court.  They all said (paraphrased) that it gave a new meaning to feel bad, mad and stupid about oneself, a real sense of hopelessness, inflicted on one’s own self.  Another bit of reality that occurs in the violation hearing is that the violator’s lawyer has little to use to try to lessen the impact.  The trust is gone, the characterizations are useless, little circumstantial will have any effect, because the judge will simply not want to hear it.  The court tried it once with probation and now here we are.  It will not work the second time.  In fact, no one related the experience of having successfully gained probation on a second DUI where it violated probation on a first DUI. "
Joining the Army with a 1st DUI misdemeanor and a wavier,"Many legal experts stated that the military takes DUI convictions very seriously, regardless of what and how the military is often portrayed in the media.  Coupled with other background information on the recruit, a DUI conviction can often be a reason for rejection.  Most non-experts said “yes”.  All of those who were in this situation when they joined said, “Yes.”  The stated cautions and qualifications, though, were many.  Everyone with the bad experience stated that the applicant had to be fully done with the court – fines, jail time, hearings, classes, and community service, whatever the obligations were that the court penalized the accused.  Otherwise, none of the services would even consider the applicant.  Following completion all of the court stuff, some said that only the Army would consider the applicant because of the recentness of the court actions.  Each one did say to at least talk with one or more recruiters for the service the applicant favored.  If the applicant was hoping for a shot at Officer Candidate School (OCS), even the experts, some service recruiters themselves, said that there was very little chance of getting into OCS.  No one implied or stated that there would be any needed “wait time” before the Army or other service would consider the candidate for regular ranks other than OCS.  Some recruiters recommended joining the regular Army, serving for three years, then, if wanted, seeking OCS.  Some recruiters implied that the circumstances around the applicant’s DUI and how that person conducted his or her self during the proceedings and throughout the working off of the penalties would be strongly considered in the applicant’s evaluation.  A person who was willing to accept the responsibility and took care of things quickly and efficiently is the type of person the military was willing to take in.  That person had integrity, a highly desired trait.  However, the recruiters also stated that an applicant that the Army accepted under that person’s recent situation would have to be on best behavior because the military did not want to harbor undesirable personnel that would only be a long history of trouble.  This likely meant that the Army would discharge the unwanted recruit if it deemed it best for the service. Some legal experts with military experienced said the same thing about how a potential military candidate conducted his or her self through this bad time would speak loudly during military recruitment.  These experts also stated that comments by the judge, verbally or written, if possible, would also have heavy weight for or against the recruit. But, here is something that was subtle, only pointed out by a few experts and people who experienced it.  If there is probation, the recruit will not be accepted until that probation is completed.  Also, if this probation is reduced so that the person can be recruited by the service sooner, it automatically disqualifies that person from being recruited.  Apparently, in some instances, an arrangement can be worked out between the military and the person’s parole officer, but there was no clear information on this, just that some people had experienced this. "
S-Corp Company Officer has Personal Guarantee Company Debt and Goes Bankrupt,"An S-corporation (S-corp) is one that is owned by its shareholders.  All profit or loss passes to the shareholders.  These shareholders must report this income, profit or loss, on their individual federal taxes.  An S-corp does not pay federal income taxes, electing to be taxed under the Internal Revenue Service’s (IRS) code: Subchapter S of Chapter 1.  So, what do S-Corp officers do or own?  S-Corp officers are usually shareholders, but do not have to be.  As a corporation, it has a board whose directors elect officers who run the company.  Every corporation is supposed to have by-laws that state which officer is authorized to do what actions, as well as which officers can direct which lower officers to do what actions.  It is not clear what the bylaws state, whether or not the vice-president was authorized to obtain loans, issue credit cards, and make personal guarantees for the S-corp. As to the bankruptcy filed by the vice-president, the personal guarantees made by the vice-president are likely to be dismissed at discharge because the loan and credit are unsecured.  This is standard Chapter 7 bankruptcy law.  The debt owed, however, still exists.  Credit law states that if a personal guarantor fails to pay, or has his or her guarantee dismissed by bankruptcy, the other people involved in the debt are still liable for that debt.  This would mean that the debt now falls back onto the S-corp itself … and its owners.  By definition, it would appear that the S-corp itself can file bankruptcy, have its assets liquidated to pay off the creditors.  However, whatever debt is leftover following the discharge of the S-corp bankruptcy, the shareholders of the S-corp are now individually liable for the debt.  The creditor(s) will not care who pays the debt and will likely go after each shareholder individually for the entire payment.  It sounds silly when it is written out or one says it, but that is exactly how the system works.  Of course, each of the shareholders can file bankruptcy, but the initial filers are likely to be hit the worst as the debt is higher at first.  The creditors still do not care who pays them off.  The bankruptcy court can force a re-organization, foreclosure, insolvency contingency, or other legal actions available to the court. One point as yet unexplored is “what if the vice-president was not authorized to obtain loans and issue credit cards?”  In this case the vice-president could be guilty of “forgery” by unauthorized signature, and therefore be criminally liable for the loan amount and credit card charges.  It is a situation that would have to be unraveled by the police or other pertinent agencies to some conclusion, and possible fraud conviction for the vice-president.  In some bylaws, as stated before, one officer can have authorization to authorize another, lower officer to do some action, such as obtain loans and issue credit cards, and use personal guarantees.  It would be prudent if the vice-president has that authorization in writing.  What one can prove or not prove typically makes the difference in this type of situation. "
The Worth of Writing a letter to the Judge for a DUI charge,"On one point, the non-expert people seem split on writing a letter to a judge or having others write character witness letters to the judge.  Some say definitely do it as it will help, some say do not as it will not make a difference, and some say why not, it cannot hurt the cause.   No experts were found overtly saying to do it, but some experts did have templates and suggestions on letters, personal to the judge and witness letters to the judge.  Sincerity, honesty, willingness to prove one’s sincerity, all to obtain a lesser penalty as to lessen the impact of the guilt on one’s life, is the goal.  A judge has seen and heard way too much in the way of “sorry” because the person does not want to be accountable.  Showing a willingness to be accountable, in words, is the challenge. On a second point, the grave concern that a conviction will doom the person’s application to medical school needs further exploration.  Many suggest asking a lawyer to inquire at the person’s school(s) of choice to mask the applicant.  The question to ask appears to be what impact a DUI misdemeanor will have if within the past year, or two.  Also, ask the same question if the DUI conviction is a felony conviction. On a third point, many where frankly amazed that the person was facing a DUI felony for what is assumed to be a first offense.  This included experts as well as experienced people.  On this point each state has its own statute on what criteria makes a DUI a felony versus a misdemeanor.  Most often the statute identifies the criteria for a felony, and everything else that is not yet at the level of a felony is considered to be a misdemeanor.  Every state varies, but every state allegedly makes it clear what rises to the level of a felony. Back to the DUI case itself and the petitioning of the judge.  In most states the current approach to DUI law and rulings is to remove the subjectivity around categorization and penalties.  States, being strongly and relentlessly pressured by anti-drinking groups, are moving towards stricter, mandated penalties.  This gives a judge less and lessening leeway when it comes to categorizing a DUI, as well as applying penalties.  The categorizing of the DUI is becoming stricter, with the move towards lessening the criteria for a DUI to be categorized as a felony.  Currently, most states reserve felony to repeat offenders, or initial cases with severe impairment, severe damage, obvious disregard for life or property, or death.  It is a cruel lesson to learn as a DUI conviction, even if “only” a misdemeanor, it will mess up a person’s life, at least in the relative short term of up to five years.  Part of the messing up is a person’s job, or career, or plans for school and a career.  Great is a person survives the experience, even better if no one was hurt and no damage was caused.  But, the consequences are rarely ones that an individual can absorb easily.  The conviction exists on criminal records, for the most part, “forever”.  Even if expunged, a “hard inquiry” will find it. "
Dropping DUI offenses if the officer does not appear at hearing,"Criminal conviction has many differing requirements and criteria that must be met before a conviction can be applied to a case.  In the past decade, several national, state-wide, even local jurisdictions have been awash with advocacy groups against the seemingly ease that DUI arrests are dismissed or discharged. Each state has its own rules for defining what that state considers to be a crime, what needs to be proven to convict a person of a crime, and what punishment will likely be applied if a conviction does occur.  Also, each state defines what type of hearing, criminal or non-criminal hearing will be held for different DUI arrests and situations. As a part of these hearings, the state will define what is necessary for the proceedings of these hearings, who must be present, and for what reasons.  Some states do require that an arresting police officer or state trooper be at the hearing.  That the arresting officer being absent from the hearing is an automatic reason to drop an arrest charge is an entirely different story.  These days there are an increasing number of tools that are available to the law enforcement officer and that the officers willing employ in the line of duty.  For a possible DUI, the officers have the breathalyzer, can have a videotaping, usually have some audio taping over their duty microphones, and sometimes an oft-chance eyewitnesses other than the officer.  Unless it is a requirement for conviction, that the arresting officer be present at the hearing or trial, if other means of evidence are available, the accused will have less than an easy time trying to have the accusations set aside. As in any accusation, the State involved must prove that the arresting officer had sufficient reason to stop the vehicle in the first place.  Secondly, the State must prove that the arresting officer had sufficient reason to consider the driver as unsafe behind the wheel after stopping the vehicle and asking the driver to come out of the vehicle.  This become rather difficult without the arresting officer at the hearing or trial unless the other evidence gathered is in itself substantial and sufficient to not need the evidence and testimony of the arresting officer.  If there is video of the driver being unable to stand upright or walk in a straight line, if there is audio of the driver being unable to speak coherently or clearly answer the officer’s questions, if the breathalyzer has a reading that is beyond any reasonable doubt or challenge by contrary experts, if might be wise for the accused to consider his or her challenge.  Of course, the only way a person can be guaranteed to be found guilty of such an accusation is to plead guilty. Most experts advise not pleading guilty as there is always a chance that something will turn out wrong for the State and its evidence during the proceedings.  With the climbing rates of occurrence of DUI arrests, most jurisdictions give the arresting officers work time allotments for the time spent at a hearing or trial, this to also increase the likelihood of a DUI conviction. "
How Far Back Are Bank Records Checked When Filing for Bankruptcy?,"When one files for bankruptcy, that person knows or should know, that the court will be looking at the debtor’s life very closely and the debtor’s bills and payment records even closer. Under normal conditions, a Chapter 7 bankruptcy trustee or a Chapter 13 court official will want to review your bank account records and your credit loans and card account records, and your tax filings, and other financial dealings. What the inquirers are looking for are hard cash and saleable assets that can be seized to pay the debt. They will also be looking for evidence of any income or assets that are by law are exempt. Just like the debtor, the court-appointed people and the creditors are bound by both federal and state laws. Having your records available and organized tells the court and its officials that you are ready to cooperate. Although it is a difficult situation, having a good attitude and showing a willingness to work with the court officials often work in your favor when discussing hardships, seizures, and exemptions. Several people have noted a “favorable” result from being forthright and open. For taxes, many people and some experts started to expect to be asked for two years prior filings. For the rest, it appears that about three months of prior records are what is likely to be requested. Again, this is typical. Of very special note, everyone stated to remember that in all dealings with the court, judges, appointed officials, you are under oath. When you file for bankruptcy and deliver requested documents, you file them while you are under oath. This means two things: The penalty for deceit, not just an honest mistake, is possible fraud and perjury charges. The courts and their officials may start asking for many more months of documentation to determine fraud and its extent. Several people had some good experiences as advice, but also had one oddity that struck a chord that needed mentioning. Depending on whom your circle of friends and business dealings are, consider if you have had any financial conflicts or bad feelings around financial dealings.  After Filing for Bankruptcy Can You Keep Your Checking Account? The reason is that an unfriendly acquaintance that knows something about your finances that you might not be forthcoming about with the courts might come forth and tattletale on you. This might put you into the fraud and perjury situation mentioned previously. Also, some experts warned that, like the IRS, when fraud is suspected, the agency or court will go as far back as it wants or can to prove the charges. As stated before, three months of records seem to be a norm in most of the state jurisdictions. Some people noted that some states automatically request more records. One person stated that Kentucky requests six months of prior records. A decent source for information about bankruptcy and what goes on exists online. Several experienced by people who filed repeated the same mantra, that different states have different rules beyond the federal rules and, as always, that a good lawyer is worth the money paid. "
Do DUIs Carry Over Into Different States?,"Short answer is: “Not automatically, but very likely”.  There are several reasons for that answer.  One reason is that there is now a consortium for sharing “driving under the influence” (DUI) convictions and most of our fair fifty states in our union are members of this DUI information consortium.  One person lists the states that are members and not members.  One particular point to make about this list is that it lists only DUI convictions, not arrests.  A second reason for the short answer is that most of the member states will use the fact that the offender in front of them, having DUI convictions in other states treats the offender as if the prior convictions had occurred in their state.  One can see where this is going.  A tidal wave of bad result is rushing in fast.   A third reason for the answer is that, as one can expect, even the member states handle DUIs that occur out of state differently.  As an example, we will look at California.  Several contributors related that the state of California will investigate out of state DUIs to determine if the reasons and criteria for the convictions are in line with the reasons and criteria for DUI convictions in California.  If so, the out of state convictions will be counted like a California DUI. But, if not in line, the CA courts will ignore the out of state convictions.  Realize that this is California and not all states think like this state does.  Several states will take out of state DUI convictions just as if the DUI occurred in their jurisdiction, regardless of the criteria. A fourth reason is that once the state in which the latest DUI occurred gets done with you, you may have to face repercussions in your own state.  A jurisdiction other than the state that issued your license cannot take away that license.  However, it can revoke a person’s right to drive in the offended jurisdiction.  It can impose jail time. Then, when the offender arrives back in the home state, license loss, revocation of a suspended sentence if the DUI breaks some accord you had with the courts, suspended jail time becomes reinstated are just some of the things that can await that offender back at home.  Several people made several statements that provided interesting, diverse news around DUIs.
Also came up with a probation officer’s site.  This officer explains what is likely to happen following an arrest for DUI out of state.  In some states, the offender can negotiate to serve penalties in his / her home state.  Different states have different rules with different leniencies. Again, there is some interesting and possibly worthwhile reading online. As always, the first thing to do when faced with a DUI charge is to consult with a DUI lawyer in whatever jurisdiction the DUI occurred.  Also, attend out of state court hearings.  Skip a hearing and a bench warrant will be issued.  Some states will extradite if requested. "
How Long Does it Take a DUI to Fall Off Your Driving Record,"The very short answer is 10 years, at a minimum. Research came up with Florida retaining the mark on your driving record for 75 years. Tennessee retains it for life. In the case of the Florida retention, given a DUI offender is likely to be over 15, this means an offender will have to live deep into the 90s in age before the offense comes off the record. It has the same effect as Tennessee. In the fairly recent past, many states have had shorter durations, and even insurance companies had various durations, depending on the state where the offender held a driving license. But now, every state holds a minimum 10 year duration for a DUI on your driving record. That being said, there are a number of online sites touting your ability to get post-conviction relief in various ways to various levels, even to getting the conviction set aside, as if it was a “not guilty” judgment. You allegedly can do some things in some states using various methods, which they will sell to you for a few dollars more. One very low pressure site, [http://www.myduiattorney.org/what-happens-after-a-dui-conviction/how-do-i-get-this-dwi-dui-off-my-record.html] is by an attorney who goes through quite a bit of information as to what the possibilities are, in general. Good advice is given with the words to consult a DUI attorney in the conviction state. But, this attorney also has what seems to be a relatively inexpensive document one can purchase on things to consider and that you can do. Be aware, as is usual, that state rules on a DUI conviction are different depending on the state. Some states simply do not allow any reduction or change or “lessening” of the effects of a DUI conviction – the mark on your driving record stays for the entire duration. In those states, contributors say to also simply save your money, as an attorney will be unable to assist you in any way. But, a free consultation never hurts. Research found several insurance companies in various states that will work with a DUI offender to provide reasonable insurance at a reasonable cost. “Reasonable” is always relative. Another possibly useful site is [http://search.dmv.org/dmv/out-of-state-dui]. This site has links and limited information about out of state DUI convictions, impact, insurance, and the like. It is essential serving as a portal to other sites and information, mainly by state (due to the varieties). The site also has some more general DMV links and information, so it is broader than just DUI. As a note, more than a few sites and contributors wanted readers to be aware that there is also a criminal record that the state has and that this is different that the driving record. Just an FYI …. Handling and dealing with the criminal record is a whole other situation, again, varying by state. Consult a lawyer in this case. One last item found. A site, [http://www.duivsdwi.org/], goes through a discussion that some states have a clear distinction between DUI and DWI, “driving while intoxicated”. DWI is often treated as a lesser offense. DUI can sometimes be reduced to DWI. "
How Much Is The Settlement From a Lower Back Injury?,"There are a number of factors that have to enter into what will become a somewhat complicated calculation. Some of the readily available factors are: Who is accountable for the situation, accident, and/or injury? Is it a car accident or personal injury, or both? Is the damage from the injury temporary or permanent? Is it temporary now, but turn into a permanent damage? What work can the injured person do and what the person not do as a result of this injury? Will the person’s ability to work degrade as time goes on due to the injury? What changes to the injured person’s quality of life have occurred due to this injury? What will occur over time? Age is a factor. Family situation is a factor. The state, whose laws preside over this injury, is a factor. One contributor stated the American Medical Association publishes guidelines for rating permanent injuries. It is currently in its sixth edition, and an available guide (not the actual content) is online. The actual AMA document cost some decently dollars to buy. But, even the guide itself has some interesting reading. Several contributors stated that a baseline is often established by using the costs of current treatments and extrapolating that cost out over how many years the injured person might live, using age as a factor. On top of this, other factors contribute to the calculation that will ultimately lead to the settlement. When it comes to settlements, and lawyers are involved, remember that lawyers often see the dollar signs, not the timeline that you the injured party has. A lawyer wants to maximize the settlement, not just for the injured party. A distinct difference is made in the AMA guide between soft tissue and structure / bone damage. For the most part, soft tissue is expected to heal over time, making it typically a temporary injury, unless it is pointed out definitively by a medical professional. One of the biggest factors is the state that has jurisdiction over the injury. As is typical, different states have different exemptions, definitions, references, limitations and so on, ad nauseam. In most cases it would be wise, as always, to discuss your condition and situation with your own lawyer. As a radio ad tells us, workman’s comp companies are not in the business of making payouts. The injured person is not the workman’s comp company’s client. The injured person’s company is the client. This now brings up the eternal struggle between actual injuries and faked or exaggerated injuries. So many people file for compensation that it burdens the system. We all too often read about faked injuries in the news. What is truly horrifying is that people in positions of trust and high accountability are found to be the offenders. It has force compensation insurance companies demand a greater and every growing stack of proof. Even doctors have been found involved in schemes to defraud. So, to summarize, with all of the various factors involved, it is essential impossible to estimate a settlement here. But, with a good lawyer and solid documentation, it is likely that you will do well. "
Can Banks Seize Your Assets if you Default on your Mortgage?,"In general, “yes”, a financial institution holding a mortgage can sue for full repayment of the loan amount outstanding on a mortgage where the debtor has defaulted.  When a house is foreclosed, and sold, and the sale does not raise enough money to pay off the loan, the institution can then file for a deficiency judgment to seize other debtor assets to obtain full pay off, plus expenses.  The liability of expenses being put back on to the debtor is an unexpected and new point learned here.  A deficiency judgment is an expensive way to go for a mortgage holder.  You, the debtor, may be held liable for fees and cost around the foreclosure and the judgment.  However, the laws of each different state around these events also differ. So, as always, it is best to contact and engage an attorney who knows the rules in the state where your home and mortgage are.  While the Internet will give us all types of scenarios and all kinds of results, one must try to wade through this quagmire alone.  An attorney is essential. Some of the more sensible information coming from scenarios from online contributors does center on trying to prevent your situation from getting to the default point … and beyond.  When difficulty arises, discuss the situation with the holder of your mortgage.  Try to work out some way to modify and continue the relationship.  This does not necessarily need attorney involvement.  Otherwise, at least make the “return” of the house to the bank something less than a court battle.  This might be a situation that does necessarily need attorney involvement. Another contributor had the experience where a bank wrote off the mortgage balance.  The twist was that the bank then sent the debtor a 1099-MISC tax form, which is a notice of income statement, on which you will owe state, local and federal taxes, social security, and so on, and most likely, the Federal demand will be at the taxable bonus rate of 30-36 percent.  Here, you would do well to consult a tax advisor before getting hit, if this is the law in your state. Other aspect of asset seizing is the seizing of bank accounts, other assets like a car or worthwhile collectibles, and the like.  Some states allow the garnishing of wages, while some states prohibit it.
Another idea put forth was to try a short sale or put up your property for sale for at least the amount you owe.  As the contributor noted, the debtor will only get some small satisfaction from being out of debt, but that it will at least leave the debtor with a lot less stress. A default on a mortgage also hits the debtor in his or her credit rating.  An alert gets put on by the mortgage holder.  This prevents the debtor from using the property as leverage or collateral for any other type of credit transaction. So, to summarize some of this, if you are going to default, try to get away with something, discuss it with your mortgage holder, or sell the property to pay off the mortgage and get something out of it.  At least, talk with a lawyer.  A consultation is usually free. "
Can a Foreclosure Happen After Bankruptcy Discharged the Debt?,"This is a very difficult concept for many people to understand.  Several lawyer site profess having trouble getting clients to see the difference between a debt and its lien on an asset.  As always, the best recommendation when dealing with foreclosures and / or bankruptcy is to discuss your situation with a lawyer in your state of residence.  Bankruptcy and credit consumer protection laws and foreclosure laws can vary widely from state to state.  Chapter 7 bankruptcy typically wipes out unsecured debt, any debt that is not a loan against a tangible asset, as in a car or house.  In general, however, you still have to deal with secured debt as a part of a Chapter 7 bankruptcy.  A secured debt typically has a lien on the asset, in this case a residence. In some way you must satisfy the first mortgage and any junior mortgages or lien holders before you can sell the home.  A “home equity line of credit” or “HELOC”, is a junior or subordinate mortgage and lien to a primary.  That means it has secondary or lesser priority than the first mortgage, but, it is still tied to the property.  The Chapter 7 bankruptcy terminates your liability on the primary and the HELOC. However, it does not remove the lien that was posted against the property when the loan was given. A lien is a credit mark alert that a security interest by a lender was posted against the property to ensure loan payment and to insure any title check on asset transfer will show that a loan is still pending.  The lien is recorded at the county recorder’s office in the town or region where the property is located.  You cannot clean off a lien in a Chapter 7 bankruptcy. The only thing Chapter 7 does for you is to prevent the HELOC lender or other subordinate lien holders from suing you or pursuing you to pay on the loans.  However, and this is the crux of this article, the junior lien holder retains its legal right to foreclose on the property.  While Chapter 7 protects you personally from a lawsuit after filing for bankruptcy, your property has no protection from foreclosure in the future.  This is what most people do not understand.  Even if the lender is unlikely to foreclose when there is no equity in the property, the lien prevents you from selling without the lien holder knowing about it.  To illustrate the situation, say your house is worth $220,000, but you have a first mortgage of $260,000 and a second mortgage of $60,000.  The second mortgage lender could force you to sell the house.  But you get only $220,000, and have to give that to the first mortgage lender.  This leaves nothing left over. That would be an ill-advised business decision.  So, the junior mortgage can simply wait for the market to improve and for equity to accumulate in the asset.  Foreclosure continues to loom in your future.
At this point, you likely have to negotiate with this junior lien holder. This lender knows that there is no equity in the house. You could try to work out a deal that would give the junior lien holder a reason to allow you to sell the property, and settle this debt. "
Can VA Disability Benefits Be Used as Income in Chapter 7 or 13 Bankruptcy?,"There is a lot of information on this. US Code 38&5301(a) state that VA Disability is not considered income.  Bankruptcy Code (BC) 11 USC 522 (d)(10)(b) states that VA Disability is exempt the same way that Social Security Disability benefits are exempt. . But, is it considered to be income? Essentially, it is income.  But, a veteran does not have to pay taxes, nor is it part of income for bankruptcy.  It is exempt there.  A very interesting, top-search-return is this pdf: [http://www.iurillolaw.com/docs/Keep-in-Mind_that_There_are_Exceptions-for-Veterans-in-the_B.pdf]
This is a lawyer’s presentation for veterans in the situation where one is in or facing bankruptcy.
In this content, it specifies that Section 522(b)(2) of the Bankruptcy Code states that a veteran who is a debtor has the right to receive veterans’ benefit, and that it is exempt in a bankruptcy case.  This means that the debtor’s veterans’ benefit will not be part of a debtor’s estate in a bankruptcy that is already in place, or if that veteran decides to file for bankruptcy. [Refer to 11 U.S.C. 522(d)(10)(B)].  However, the state of Florida tries to get around this in section 222.20 of the Florida Statutes.  Here, Florida has chosen to not follow these federal exemptions.  Regardless, section 222.201 of the Florida Statutes specifies allowed personal property exemptions in Florida, and included in that list are … veteran benefits. [Refer to Fla. Stat. § 222.201.]  So, when a veteran files bankruptcy, Florida’s exemption law is applicable.  Any veteran benefits that the debtor receives will remain as the debtor’s property and can not be included in the property listed as a part of the bankruptcy estate.   This pdf source has another interesting part of this story.  It also says that credit counseling is a strict, mandated requirement under the new bankruptcy laws for every debtor.  In fact, Section 109(h)(1) of the Bankruptcy Code states that an individual may not file bankruptcy unless that individual has received credit counseling within 180 days preceding the bankruptcy filing date. [Refer to 11 U.S.C. § 109(h)(1)].  Yes, you read that correctly.  A person must be counseled at least 180 days (6 months) before that person is allowed to file.  The Bankruptcy Code goes on to strictly limit allowed exceptions to this required credit counseling.  , The bankruptcy court may decide that after the notice and hearing occur this credit counseling requirement will not apply to a debtor unable to complete counseling due to “incapacity, disability, or active military duty in a military combat zone.”  [Refer to 11 U.S.C. § 109(h)(4).]  Note Well:  while the Bankruptcy Code does identify participants on active military duty in a combat zone as an exception, it does not list “veterans” as an exception to the required credit counseling. Last part of this story is that “means testing” can lead to a veteran’s exception, required in a Chapter 7 bankruptcy case.  The debtor’s bankruptcy petition must contain a specific completed form: “Statement of Current Monthly Income and Means-Test Calculation.”   Referring to Section 707(b)(1) of the Bankruptcy Code, a Chapter 7debtor’s bankruptcy case may be converted, even dismissed, to a Chapter 11 or 13 case if any financial abuse is found during the hearing.  The bankruptcy court
Evaluates the debtor’s current monthly income, the “means testing”, and decides if abuse occurred.  "
Q: Can my 15 year old transgender sibling choose to live with me without me having to fight my dad for custody?.                 My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I have to fight my dad for custody of my sibling or do they have a right to move in with me as they are able to express this to the court?            ,"A:While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives. That being said, if there is clear physical or mental abuse, then you may have a case for custody. But remember, religious differences will not always constitute abuse.  You should probably check with a local ID attorney. Each state handles family law differently. Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is a brainstorming exercise intended to help everyone practice using different theoretical scenarios. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney."
Q: I settled with a debt collector money order never arrived at the destination.                 I settled with a debt collector years back sent in a money order never arrived at the destination when I sent the money order at usps it was in transit for months and I just never followed up on it how would I go about resolving this for the amount that we settled upon or do I have to pay the full amount I have proof that I sent it if that helps            ,"A:Based upon what has been reported to us as bankruptcy counsel, our best advice is to deal directly with whatever creditor is pursuing you.  The ""collector"" charges a fee for its service, and that fee is passed along to you, whether disclosed or not. You should be able to get your $$ returned from whoever sold you that money order, if you have proof of purchase."
"Q: Hey a couple of questions, first, is there any law that requires a public entity to provide services( mainly in Californ.                 another question is whether there is an actual law that demands police departments to give lawyer services before the interrogation of an arrested person, if so where does it written, and for how long the consultation can go on? if it's possible I mainly need the source I'm making some research and can't find much            ",A:law enforcement must give Miranda warnings advising you of your right to remain and that anything you say can be used against you. you can then refuse to respond. Remember Silence is Golden and Handcuffs are Silver.
"Q: Live in Ga,  wife is divorcing after emotional cheating with coworker.  Post discovery continued relationship, but said.                 She ended it.  Discovery in feb and admission in Sep.  has blam me for it, convinced mutual friends that I am not mentally stable resulting in isolation, misled couples therapist etc.  I have offered options to reconcile even after the admission of lying about ending relationship.  Instead she is filing for divorce.  It has affected me mentally and emotionally, loss of job, poor life habits etc.  is it an option to counter with cruel treatment?            ",A:She is allowed to refuse counseling and file for divorce.  That does not meet the definition of cruel treatment.  Speak with an attorney in your area about your next steps and how to protect yourself during the divorce process.
"Q: Can livestock be raised and sold to fund a local hospital?.                 12,000 acre ranch was left to the community for the purpose of maintaining and funding the local hospital. The ranch also gets proceeds from natural gas royalties and leasing out hunting. For years they have raised and sold livestock to benefit the hospital. New board member states this is illegal            ","A:The legality of raising and selling livestock to fund a local hospital on a community-owned ranch depends on the terms and conditions set forth in the original bequest or trust that left the ranch to the community. If the bequest explicitly permits such activities for hospital funding, it may be legally permissible. However, if there are concerns, it's advisable to consult with an attorney specializing in trusts and estates to review the governing documents and provide specific guidance."
"Q: My dog was tortured to death have vet statements witnesses,videos,physical evidence to hold individual responsible.                 I live on SSI trying to find Attorney that will work with me            ","A:While an attorney may accept such a case, remember that your damages for the death of a dog is the fair market value of the dog.  Pets and other animals are considered personal property.  Courts do not award ""pain"" or ""mental anguish"" damages based on the dog's suffering or non-economic damages like loss of companionship for your loss of your dog. A highly trained service dog or rare papered pedigree may justify a decent amount of damages.  A mutt adopted from a shelter isn't going to justify much in damages."
"Q: Can websites owners came after me for using the quotes on their sites by famous people?.                 I would like to use this quote in my book Some are born great, some achieve greatness, and some have greatness thrust upon them. William Shakespeare But I got it/saw it on wedsites like goodsread, A-Z, and more. Can they legally come after me if I use such quotes from people, who died more than a hundred years ago?            ","A:Using a quote from a figure like William Shakespeare in your book is generally not a legal issue, especially considering Shakespeare's works are in the public domain. His works were published over 400 years ago, and any original copyright has long since expired. However, when sourcing quotes from websites, it's important to ensure the quote is accurate and truly attributed to the person claimed. Websites themselves don't typically hold copyright over quotes from public domain works.  In your case, the quote ""Some are born great, some achieve greatness, and some have greatness thrust upon them"" is indeed from Shakespeare's play ""Twelfth Night,"" and you can use it without legal concern from the websites you mentioned.  Still, if you're using quotes or content in a published work, it's always good practice to double-check the original source for accuracy. This approach not only avoids potential copyright issues but also ensures the credibility and integrity of your own work."
Q: What happens after a financial statement is filed by petitioner does he have to serve me to get a court date custody kid.                 For child custody parental determination            ,"A:If all he did was file a financial statement, then nothing else will happen.  If you want custody orders, you need to participate in the case.  If you were served, you need to file and serve a response.  You can filed a Request for Order to get custody orders in place.  Doing nothing will result in nothing, or worse, will result in you having no say in what happens next."
"Q: What should I do when a lawyer knows that my case could've been won?.                 I had an attorney for another law firm tell me that when they worked for my trial lawyer they looked at my case and they told me that my trial lawyer ""screwed me over"". my trial lawyer filed a motion to suppress evidence but never showed up, the motion was because I was held at MMC in portland in a conference room by a security guard who was deputized by Maine State Police to not let me go anywhere and the guard openly told my trial lawyer this information and even my Private investigator. I filed post convictions which one was thrown out by the appellate court because the superior court failed to attach a lawyer to it and the second my post-conviction lawyer didn't know how to fight it/            ","A:The procedure for challenging a conviction due to errors by trial counsel is a post-conviction review for ineffective assistance of counsel. Once the post-conviction process is final in the State court, you can file a petition for review in the federal court. There are strict time limits for filing such petitions in the federal court. Generally speaking, a person has 1 year to file a federal habeas petition after the State court judgment is final. The time the case is pending on appeals in the State court is excluded from this time period. You should consult with a federal habeas petition lawyer regarding these time-limits."
Q: Is it okay to contact the police officer for an update on my case I'm a suspect in?.                 My apartment was raided and electronics seized on 7/6/2022 under a search warrant under Ohio revised code 2913.04            ,A:You really should not be discussing this with the authorities without a lawyer. Get a lawyer first.
"Q: Can you purchase shares of a private Company on the Secondary Market but NOT disclose the purchase to the Company?.                 In other words, does the Seller of the shares have to disclose the sale to the Company, inclusive of who the Buyer is?            ","A:Greetings.  It appears you would like to purchase shares of a non-public company.  A purchaser who meets the SEC definition of a qualified purchaser may buy shares of a non-public company.  Often brokers are required to facilitate the purchase.  Due diligence is also required.  During the due diligence process, certain information would be reviewed, such as stock sale restrictions or protections.  These may include a ""right of first refusal"" giving the non-public company the right to first purchase the stock before the investing purchaser.  If such restrictions do not exist, then the purchaser is free to buy the shares.  All purchasers should want their purchases recorded with the company to ensure their shareholder rights.  Please contact a good New York lawyer for further information."
"Q: I moved from another state to Texas and still haven’t received support nor has the parent tried to see our child.                 Is there something I can file, or remove his parental right? He has another child and currently supporting that one without a court order and we are married (I’ve got nothing but 20 dollars from them) I’m a survivor of DV and I’m about to reach 6 months of residency what should I do? I’ve also been told they’re deciding to leave the state that I left but, I don’t even know where they are? Help please!            ","A:Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of Texas. If you do not have such a court order, you can file an original suit affecting the parent-child relationship once you have lived here in Texas for six months seeking sole managing conservatorship, child support, and a possession order detailing when each of you will have possession of your child.   You can file a suit for termination of his parental rights for non-support but, in my experience, those can be very tough to win even when you meet the statutory grounds.  Of course, he may not oppose such a suit since he has not seen the child and apparently does not want to provide support for the child."
Q: i financed a car.                 i financed a car on 1/20/23 had it in my possesion for 6 hrs and engine cut out oil spilling everywhere had it towed back to dealership same night was given a rental for 3 weeks dealership called me and said they had another car to offer and said 2500 would go to new car for trade in they made of the used car i had that broke down i had platinum coverage that i paid for on that car they never told me what was wrong with the broken down car but they said they traded it for 2500 but with a no engine the value of that  car was way higher i never signed any paperwork for them to trade that car a with platinum coverage if it needed new engine i think it should have been replaced car was fom harr toyota in worcster and was a 2019 hyundai tuscon with 87000 miles they said they had did a 54 point inspection of car before given to me but 6 hours later car died i feel i should at least see the paperwork of the trade in and mechanical details of what was wrong cause i had platinum coverge from de            ,A:This should be covered by the Massachusetts Used Car Lemon Law. This explains it in more detail than I can in a Q&A forum like this one: https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law You should call the hotline phone number listed n the website and explain the situation to them. Apply for arbitration of your claim: https://www.mass.gov/how-to/apply-for-lemon-law-arbitration
"Q: Does an insurance company have to tell you when you are being sued, can they settle without your consent?.                 Does insurance company have to tell you when you are being sued? Can they settle without telling you? Can they put claims on your policy that are not true?            ","A:1.  A party suing you, including your own insurance company, is required to serve you with process notifying you of a lawsuit.   2.  If a claim is covered by your insurance policy and you tender it to your insurance company for a defense, in many instances, the policy expressly provides that the insurance company can settle the claim within the policy limits without your consent.  Professional liability policies (insuring occupations like attorneys, engineers, architects, etc.) often have express language which requires the policyholder to consent to any settlement. 3.  Many claims are asserted against policyholders which are not true.  Liability insurance companies almost always are required to defend claims even when they are not true.  With the cost of defending a lawsuit likely to be tens of thousands of dollars, a liability insurance company has an incentive to settle for less than the cost of defense even when it thinks that a claim is not true."
"Q: Can an apartment keep my deposit if I never moved in?.                 I recently applied for an apartment in Texas. I paid an application fee and deposit, totaling $850. I decided on another property and notified this property that I would no longer need the apartment. They said they are then allowed to keep my entire deposit because I canceled my application after I was approved. Is this even legal?            ","A:Typically, landlords are entitled to keep application fees to cover the costs associated with processing the application, such as background checks and administrative expenses. However, retaining the entire deposit if you decide not to move in may be subject to the terms outlined in the lease agreement or rental policies. It's essential to carefully review any documents you signed or received during the application process to understand the property management's policies on refunds and deposits. If the property retains your entire deposit without a legal basis, you may have grounds to dispute this and seek a refund."
Q: Who in the state of Florida can file a nursing home neglect case for a parent who has passed away.                 The parent had 4 children from 4 different mothers but all except for one was a minor. And the minor child was receiving social security from the dad and also child support from him as well            ,"A:If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf.  However, if a will does not exist or does not appoint a representative, the court typically recognizes the immediate family members, such as a spouse or children, or other relatives like parents, siblings, cousins, and extended family members, as the rightful parties to file a lawsuit against the nursing home.  It is important to consult with a qualified attorney to determine your legal rights and options."
"Q: Can I have someone arrested for obtaining my social security number and giving it to someone else?.                 My social security number and DL # was given to someone in my subdivision by her brother-in-law who is an attorney. She, in turn, gave it to someone else in my subdivision who then mailed it to someone else in my subdivision. Is this not illegal?            ","A:In your situation, where your social security number and driver's license number were shared without your consent, there are potential legal concerns. It's important to understand that sharing this sensitive information without permission can be a serious matter, often breaching privacy laws. You may have recourse under laws designed to protect personal information. However, the specifics of these laws can vary depending on your location and the circumstances of the case. In general, unauthorized sharing of personal data like social security numbers can be considered a violation of privacy rights. Given the involvement of an attorney in this matter, there might be additional ethical considerations. Attorneys are bound by certain professional standards regarding the handling of personal information. To address this issue effectively, you should consider consulting with an attorney who has experience in privacy law or identity theft cases. They can provide detailed advice tailored to your situation, including the feasibility of pressing charges or pursuing a civil suit. Keep in mind that acting promptly is crucial in cases involving personal data breaches. Delaying action can sometimes complicate your ability to seek remedies. Lastly, it's also wise to take steps to protect your identity following this incident. This might include monitoring your credit reports and considering identity theft protection services. These measures can help mitigate potential damage from the unauthorized use of your personal information."
Q: is a software company at fault for damages if the software is faulty?.                 I paid for a yearly subscription to a appointment based book keeping software. I used the reports function to pay my commission employees. Some of the numbers were faulty so i overpaid my employees. Is the software company responsible for any compensation?            ,"A:In Pennsylvania, if you experienced financial damages due to faulty software from a subscription-based appointment bookkeeping service, you may have grounds to seek compensation from the software company. The responsibility of the software company depends on the terms of the agreement, including any warranties or guarantees regarding the functionality and accuracy of their software. Document the discrepancies, gather evidence of the financial losses incurred, and review the terms of service or any applicable agreements with the software company."
"Q: The head of the EHT Zoning Board drove onto our neighbor's property without prior notice. She observed we have a chicken.                 coop. That same night at a variance hearing for the property she drove onto, she asked another neighbor if the coop she saw was his. He said no. When I testified that I was against the neighbor's variance, I said the coop was mine. We then received a notice of violation for having the coop.  1. Was this board member within her legal rights to come onto the neighbor's land (without prior notice), observe our coop, and then ask about it at the hearing? 2. Assuming she was not, isn't her knowledge of our coop ""fruit of the poisoned tree"" and therefore cannot be used against us? Yes we have been issued a zoning violation and their ""remedy"" is for us to get rid of the animals within the next 30 days or apply for a variance (which I am doing).            ","A:A ZBOA member may not enter a person's property without permission,  The applicant may have given permission as part of the application process.  You did nor state whether the zoning officer has issued to you a notice of zoning violation and a demand to cure."
Q: Can police refuse to give me the location of my child who is under 16.                 My child ranaway she is 14 and cops refuse to tell me where she is.            ,"A:In situations where a child under 16 runs away, the police generally have protocols to ensure the child's safety. However, there can be circumstances where they may not disclose the child's location immediately. This could be due to various reasons, including ongoing investigations, concerns about the child's welfare, or legal considerations. If the police are refusing to disclose your child’s location, it’s important to understand their reasoning. You have the right to ask for an explanation regarding their decision. If the reason is related to an investigation or the child's safety, they might have protocols that prevent them from sharing information immediately. In such cases, maintaining open communication with the police is key. Express your concerns about your child's wellbeing and your eagerness to reunite with them. Ensure that the police understand you are the legal guardian and are seeking to ensure the child's safety. If you believe the police's refusal to provide information is unjustified or if you have concerns about your child’s rights and welfare, it might be beneficial to seek legal advice. An attorney can help you understand your rights in this situation and provide guidance on how to proceed. Remember, the primary goal is to ensure the safety and well-being of your child. Working cooperatively with law enforcement and legal professionals can help achieve this outcome."
"Q: EMTALA Federal case. Scope of discovery to be propounded by Plaintiff..                 FCA has to be a different case to be filed under seal.  Are discovery requests in respect to fraud/FCA: in scope of EMTALA case discovery, deemed relevant?            ","A:In considering the scope of discovery for an EMTALA (Emergency Medical Treatment and Labor Act) case, it's crucial to understand that discovery should be relevant to the claims and defenses in the specific case. EMTALA focuses on ensuring patients receive emergency medical screening and stabilization in emergency departments, regardless of their ability to pay. If you're dealing with allegations of fraud or False Claims Act (FCA) violations, these generally fall outside the direct purview of an EMTALA claim. EMTALA cases typically do not delve into issues of fraud unless they directly relate to the denial of appropriate emergency medical care as required under EMTALA. However, if there is a plausible connection between the alleged EMTALA violations and the fraudulent activities — for instance, if the fraud could potentially explain why the EMTALA violations occurred — then those discovery requests might be considered relevant. It's a nuanced area where the specific facts of the case can significantly influence the scope of discovery. In practice, if you believe that the fraud/FCA issues are pertinent to your EMTALA case, you may propose these discovery requests. Be prepared, though, for the possibility of objections from the opposing side on grounds of relevance. The court will ultimately decide whether such requests fall within the scope of discovery for the EMTALA case. It's also worth noting that FCA claims are often complex and require filing a separate action, typically under seal. This means that the evidence and discovery in an FCA case may not automatically be transferable or relevant to an EMTALA case.  In such intricate legal scenarios, it might be beneficial to consult with an attorney experienced in both EMTALA and FCA matters to navigate the complexities and ensure that your discovery strategy aligns with your case objectives."
"Q: If I purchase a cryptocurrency knowing that I intend to sue the company as part of a class action lawsuit, is that legal.                 A company that issued cryptocurrency tokens did what many of us believe to be fraudulent activity and the token lost almost all value. After speaking with lawyers, a class action lawsuit is likely going to be filed. I was told by said lawyers that it is perfectly legal to buy the cryptocurrency knowing that a class action lawsuit will be filed to participate in any potential payout. Is this accurate? I am not an insider of said company.            ","A:Engaging in the purchase of a cryptocurrency with the intention to participate in a class action lawsuit could be legally permissible in California, as long as the purchase itself is conducted within legal bounds and you are not an insider of the company. However, potential ethical and practical considerations may arise, and it's advisable to consult with legal experts to ensure a full understanding of the legal implications and potential risks associated with this course of action. James L. Arrasmith Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith"
"Q: Septic runoff major issue. 2 properties not including mine..                 Sometime this year the apartments(8unit) up the alley had a septic issue and they let their entire waste water runoff into the alley and onto my property and just pretended like it didn't happen, for 3 days. My yard still smells because of it. Furthermore the apartment one closer to mine, (10 unit) installed new driveways and now the alley runoff goes directly through the front doors and has damaged the parking spots. I believe that my ADU's foundation, which is where I stay, is damaged and getting worse. Please help            ","A:In California, dealing with septic runoff and property damage caused by neighboring properties is a serious matter. First, document the damage and the runoff, including photos and any other evidence of the septic issue and the altered water flow causing damage. This documentation is crucial for any legal action or complaint you may file. Next, contact your local health department or environmental protection agency immediately. Septic runoff is not only a nuisance but also poses significant health hazards. They can investigate and take necessary actions against the property owners responsible for the septic issue and the alteration of water flow. You should also consider contacting a civil attorney to discuss potential legal actions for property damage and nuisance. These might include filing a lawsuit for damages caused to your property, including the ADU's foundation, and any remediation costs for the septic issue. Furthermore, speak with your homeowners' insurance company to see if your policy covers this type of damage. They might provide guidance or assistance in dealing with the situation. Remember, property owners are responsible for ensuring that their actions do not negatively impact neighboring properties. Taking these steps can help address the immediate health concerns and start the process of seeking remediation and compensation for damages caused by your neighbors."
"Q: I’m a mom of a 12y old someone said,”i want to kiss your daughter” can I call the police on him, is he getting arrested?.                 How about trying to force her to drink beer, he didn’t get to do it, but I want to know if I can call the police on him, and want to know what would happen if I did            ","A:Under California law, expressing a desire to kiss a minor, especially in a context that seems threatening or inappropriate, can be cause for concern. While it may not always constitute a crime in itself, it could be considered part of a pattern of concerning behavior. You have the right to report this incident to the police, especially if you believe your daughter's safety is at risk. Attempting to force a minor to consume alcohol is a serious matter. This action can be reported to law enforcement, and they have the authority to investigate the situation. If someone attempted to coerce your daughter into drinking beer, the police would likely consider factors such as the age of the person involved, the context, and any prior history of similar behavior. When you report such incidents, the police will assess the situation and determine if there is enough evidence to charge the individual with a crime. The exact legal consequences depend on the specifics of the incident and whether it fits into categories of criminal behavior defined by California law. Remember, ensuring the safety and well-being of your child is paramount, and law enforcement can help assess and address any potential threats."
Q: I left my cat with a friend and she got pulled over and the cat was confiscated because she had an open container.                 I called the precinct and they said that the cat was given away            ,"A:Assuming your friend told the police that you were the owner and assuming that you can establish ownership, you would have to get a court order to force the police to reveal your cat’s location. You would then need to contact the person in possession to get it back. If they refuse, you would need to litigate."
"Q: Can a registered agent for a LLC in Florida have someone else receive documents addressed to the LLC?.                 If a process serving delivery is attempted at a moment that the registered agent is not at the FL LLC's registered office, can someone else that is not their employee, such as a family member, friend or housemate receive the delivery on their behalf? Is a signature required for delivery confirmation? If so, can whoever happens to be there to receive the mail sign for it? Would a residential mailbox be suitable?            ","A:Yes, service can be made by serving an employee of the registered agent, at the registered office.  Also, the registered agent is required to have at least one person (such as in your words ""a family member, friend or housemate"") at the registered office, as the registered agent's representative, and to keep the office open ""from at least 10 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays"".   So, such an occupant would be presumed to be the registered agent's agent and service would be valid.  See Florida Statute 48.091. No, a signature is not required.  And no, the process server cannot simply leave the process in a mailbox."
"Q: What legal action can I take against cashapp?.                 In August I was given authorization to add a friends card to my cash app to add funds to my acct. which I withdrew and gave to her as I had multiple times before. In late September, that friend started a huge fight with me as she thought I had been seeing her ex bf. She assaulted me and stole my phone in a public location but I did not press charges. She then proceeded to dispute said transaction which now, in December has been reversed on my cash app acct. which is now - $1700  I attempted to contact cash app and provided them text msgs as well as prior transactions similar to this one, to show all of this, even where she denied disputing this when I originally thought she had. Had cash app investigated the situation, challenged the dispute, or anything before paying it, I could have explained then but they did none of this.  Now they refuse to allow me to speak with a supervisor after several requests and refuse to do anything about my loss. What can I do about this situation?            ","A:You are not going to like what I have to say. If you can't handle criticism, stop reading right HERE. Your beef is with your ex-friend, not with Cashapp.  Cashapp does not care who is right or wrong. They simply don't want to be mixed up in it.  Cashapp did not sign on to be the referee of anybody's interpersonal nonsense.  You should never let other people use your financial accounts, period. Doing so is to ask for trouble. And now you have trouble. Your remedy is to sue your ex-friend in small claims court."
"Q: In Nebraska, can they keep an eviction on your record if you never received the summons to the court hearing?.                 I was given my 7 day notice, and started moving, but haven't been able to get everything out in time. They had the court date, but I never received anything telling me when court was, so they ruled in favor of my landlord. I was only going to go to try to keep the eviction off my record. They changed the locks on me 3 days after the court date, giving me two weeks, from 9 to 5 to get the rest of my things.            ","A:If a court case was filed, it would be a matter of public record.  Even if you were successful in defending against the eviction action, the case number and details would be public record."
Q: I was arrested by a non tribal officer on tribal land and I am a member of the Cherokee nation and reside on reservation.                 They took me to jail and declined to file charges after arrest ing me and detaining ke I have lost my job over it my wife almost left me it’s caused me aloynof unnecessary problems but they had no justisiction            ,"A:If you were arrested by a non-tribal officer on tribal land and are a member of the Cherokee Nation, there may have been a jurisdictional overstep, depending on the specific circumstances. Tribal sovereignty and federal law generally govern criminal jurisdiction on tribal land, not state authorities, unless specific provisions apply, such as Public Law 280. To address this issue, you should consult with an attorney who has experience with tribal law and the intricacies of jurisdictional matters between tribal, federal, and state authorities. Documentation of the arrest, the impact on your employment, and other damages you've suffered would be important for your legal counsel to review. You may also have recourse through a civil rights claim if your rights were violated. It’s important to act promptly to explore your legal options."
"Q: My mother is being attacked, financially, by her mother's former broker. What can she do?.                 He has accused her of fraud, removing her from her bank accounts, attacked her mother's current broker with a false report. She can no longer pay her Bills. Also, he is working with my mother's sister, lying to her about things my mother never said, and using my grandma, who my sister has taken to her home (and removed all communication), to get her to sign documents. My grandma is much older, forgetful, and she has no idea what she is signing. The investigators for my mother's bank--verbally--refused all evidence and closed my mom's accounts. She is now being investigated by her new bank. THERE IS NO EVIDENCE THAT SHE STOLE MONEY (because she DIDN'T), except they got my grandma to sign a letter saying my mother stole from her, when my grandma has no idea what she actually signed. SHE WOULD TESTIFY TO THIS, THAT SHE GAVE MY MOM A GIFT OF MONEY AND THAT NOTHING WAS STOLEN, BUT NOBODY IS INTERESTED IN HEARING HER, JUST HER SIGNATURE. WHAT SHOULD MY MOM DO? What can I do to help?            ","A:Your mother should consider retaining an attorney experienced in elder law and financial exploitation cases immediately. This situation may involve complex issues like undue influence and financial abuse. An attorney can help navigate the allegations, work to protect her interests, and potentially initiate actions to rectify any wrongful conduct. It's also crucial to gather and preserve any evidence that supports her case, including documentation of the gift and any communications that could demonstrate the true nature of the transactions and interactions with her mother.  As for your role, providing emotional support and assisting in the collection of any evidence or relevant information could be invaluable. Additionally, if your grandmother is being taken advantage of, reporting the matter to adult protective services could be a step to consider. Remember, the earlier you take action, the more options there may be available to address the situation."
Q: Can a State job lower your beginning salary as a new hire because ADHD.                 Just wondering!            ,"A:In Tennessee and generally in the United States, employers, including state jobs, are typically prohibited from reducing a new hire's starting salary solely because of a disclosed disability such as ADHD. It is illegal for employers to discriminate against individuals due to a disability under the Americans with Disabilities Act (ADA) and similar state laws. However, salary decisions are often complex and can be influenced by various factors, including experience, qualifications, and market rates for the position. It's important to note that a starting salary might not be solely influenced by an employee's medical condition but rather based on broader considerations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Can an incident from a dismissed TRO appear on a new TRO?.                 My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the initial hearing she requested for the previous yoga incident to be added to the new TRO. I understand it can be evidence in a trial but can it be part of new complaint?            ","A:Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial - its called due process and is designed to ensure that you are not blindsided at trial with claims that you did not anticipate and were unable to prepare to defend against.  My suggestion is that you schedule a consultation with an experienced divorce lawyer who regularly handles domestic violence matters."
Q: Can I sue 911 operator for handling domestic call negligently resulting in further anger to the abuser..                 Operator kept telling me to hand phone to abuser who would of threw it out the window. When I pretended to hang up 911 call and abuser calmed down. 911 operator said my name resulting in extreme anger from abuser who threatened to kill me and then himself.            ,"A:In California, suing a 911 operator for negligence is a complex matter due to the immunities and protections often afforded to emergency dispatchers and public entities. However, under certain circumstances, there may be a viable claim if you can prove that the operator's actions were beyond mere negligence and constituted gross negligence or willful misconduct. To establish a case, you would need to demonstrate that the 911 operator's actions deviated significantly from the standard of care reasonably expected in such situations. This involves showing that the operator’s advice to hand the phone to the abuser was not only inappropriate under the circumstances but also substantially contributed to the escalation of danger you faced. You should also be aware that claims against government employees and entities are subject to specific procedural requirements. In California, you must first file a claim with the appropriate government office within six months of the incident before you can file a lawsuit in court. Given the complexities of these types of cases and the challenges in overcoming governmental immunities, it is advisable to seek legal counsel. An attorney with experience in civil litigation against public entities can provide guidance on the viability of your claim and the appropriate steps to take. Remember, each case is unique, and the success of a lawsuit depends on the specific facts and circumstances involved. It's important to gather all relevant evidence, including any recordings of the 911 call, to support your claim."
"Q: Can I sue the County government for maintaining an unfair tax advantage for a former muni employee competitor in the CT.                 Am in the County. The City opened up and the first license went to the city community dev director that helped make the ord and a 6% tax advantage over me, after espousing prohibition for his career and a few months before speaking against me at my County planning hearing, which I go through every year. They now are appointing my competitor to the planning commission in the County, knowing his unsavory ethics. There is lots of history and the County supes hate me and he is pretty much a colleague, while they set my tax rate in the County each year the highest allowed by the voter he pays no tax after helping form the ord in the city. A lot of history and emails and pub comment here. I think local le at one point along with a local politician broke into a shop of mine on election night. A lot of corruption in my community govts. I don't want to do the babylon system with this anymore.            ","A:If you believe that the County government is maintaining an unfair tax advantage for a former municipal employee competitor, you may want to consult with an attorney who specializes in tax law or government law. An attorney can review the details of your case and advise you on whether you have a viable legal claim and what steps you can take to address the situation. It's important to note that suing a government entity can be complex and challenging, and there may be specific requirements and procedures that must be followed. An attorney can help you navigate the legal system and ensure that your claim is filed correctly and within the appropriate timeframe. In addition, if you have evidence of corruption or illegal activity by local officials, you may want to consider reporting this to the appropriate authorities, such as the local district attorney's office or the state attorney general's office. It's important to gather as much evidence as possible to support your claims, including emails, public comments, and any other documentation that may be relevant. Again, consulting with an attorney who specializes in tax law or government law can help you evaluate your options and determine the best course of action in your specific situation."
"Q: I've been paying rent to a storage facility since April of 2020, today I received an email from them that during a.                 Recent audit they realized that they never had me sign the actual lease agreement. So since I never signed an agreement doesn't that mean I'm owed all the money back that I paid for rent since April of 2020? If not then what does it mean and what rights can I exercise as far as holding them responsible for being so negligent.            ","A:In California, even if you didn't sign a formal lease agreement, the fact that you've been paying rent and the storage facility has been accepting it can create what's known as a ""tenancy at will"" or a month-to-month rental agreement. This is a legally binding arrangement under California law. Therefore, the payments you've made for the storage unit are not automatically refundable just because there was no signed lease. The absence of a written lease doesn't mean you're entitled to a refund of the rent paid. Instead, it implies that your tenancy is governed by California's default rental laws, which typically include a notice period for changes in rental terms or ending the tenancy.  However, the facility's failure to have you sign a lease might raise questions about the terms of your rental, such as the agreed-upon rent amount, the duration of the tenancy, and other specific terms typically covered in a lease agreement. It's important to gather any documentation you have related to your rental payments and communications with the storage facility. If you believe the storage facility has been negligent or has violated your rights as a tenant, you may want to consult with an attorney. They can review your situation, advise you on your rights and obligations, and help you determine the best course of action. Remember, every situation is unique, and legal advice should be tailored to the specifics of your case."
"Q: My lawyer admits, in ""privileged"" email, he failed to convey my offer..                 I won my Oregon family law case.   And I was awarded the attorney fees.    But the Judge's ORCP 68 Fee Findings faulted me personally  [citing ""reasonableness and diligence of the parties""  ORS 20.075(f) ]  for failing to engage in Settlement talks, and for failing to submit a counter-offer.   I've delayed submitting the Order for the Judge's signature and filing, hoping to get this corrected first, while pleading with my lawyer to fix this. My lawyer claims it's impossible to fix this mistake after the Judge ruled, and he cannot go back to the Judge for reconsideration.  He's offering to reduce his bill.  But, I'm now facing defending a Fee Appeal, and I want this blackmark removed from my record.  My proof is the Privileged ""admission"" email.  Can I go back to the Judge prior to the ORDER's filing and ask her to reconsider that Finding?   Or would this all be pointless and I'll be held accountable anyway, because MY side...my own lawyer made the mistake?            ","A:I do not know that there is a right answer for this. You might ask the attorney to write the judge directly and concede his error. He needs to do this sooner rather than later. He may be reluctant to do this if his error impacted your case. Since there are statutory time constraints in an ORCP 68 proceeding, you will need to act quickly. You might also request your current attorney resign so you can write the judge directly yourself. Good luck."
"Q: Want to know if I can sue someone for online harassment without filing a cease and desist first..                 I’m being harassed online anonymously. They are not threatening me, just saying nasty things about my boyfriend. I have not responded to them telling them to stop nor have I blocked them or reported them on instagram yet. Can I directly file a civil lawsuit? Or do I need to file a cease and desist first            ","A:In California, you have the option to file a civil lawsuit for online harassment without issuing a cease and desist letter first. However, it's important to consider a few key factors before proceeding. Firstly, gathering evidence of the harassment is crucial. This includes screenshots or records of the offensive communications. If the harassment involves defamation (false statements damaging to someone's reputation), California law allows you to pursue legal action. However, if the statements are opinion-based or true, they may be protected under the First Amendment. Additionally, identifying the anonymous harasser can be challenging and may require legal processes to compel platforms like Instagram to release user information. You don't necessarily need to issue a cease and desist letter before filing a lawsuit, but it can be a useful step. It serves as formal notice to the harasser to stop their behavior and can potentially resolve the issue without court involvement. If you choose to pursue legal action, consulting with an attorney experienced in internet law and harassment cases is advisable to navigate the complexities of such cases."
"Q: Are the word ""State"" in 26 U.S. Code 3121(e) and in other pending legislation the same?.                 According to my legal sources, these definitions are not the same. The term state in 26 U.S. Code 3121 (e) specifically includes only the named U.S. territories and possessions.""            ","A:In legal terms, the definition of ""State"" can vary depending on the context and specific legislation. In 26 U.S. Code 3121(e), the term ""State"" is defined in a particular way, often including named U.S. territories and possessions. This definition is tailored to the purposes of that specific code section, which relates to the Federal Insurance Contributions Act (FICA). However, in other pending or existing legislation, the term ""State"" may be defined differently. Each piece of legislation can define terms in ways that best suit its specific legal and regulatory objectives. This means that the definition of ""State"" in one statute might not be the same as in another. When interpreting legal documents or legislation, it’s crucial to consider the definitions provided within the context of that specific document or law. Look at the definitions section of the legislation or the context in which the term is used to understand its intended meaning. If there's uncertainty about the definition of ""State"" or any term in a particular legal context, reviewing the legislative history or consulting legal resources can be helpful. Remember, legal terms can have nuanced meanings that are specific to the context in which they are used."
"Q: Please read below.                 I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with construction I have not finished Construction since the taxation Department here in Jackson County Missouri is under large scrutiny that she raised to taxes and tried to burn the entire city I still hold the building permit with no ending date therefore my taxes should remained at $18,000 they've got my house valued at 36,000 my house is not even on the market I outright own my house no mortgage no liens no nothing against my home I need help to fry these people for publicly lying to us about inspections they never inspected nothing except the picture on a monitor if you read your statues it says they must physically inspect that was never done and I have not called for an inspection so do I win win            ","A:In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider. Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property for tax purposes. Property taxes are often based on the assessed value of the property, which can change over time due to various factors, including improvements made to the property. Regarding the lack of physical inspection, if your local statutes require a physical inspection for property valuation and this hasn't been done, this could be a point to raise in contesting your property's assessed value. However, the specifics of the statutes and local practices would need to be thoroughly reviewed. It's important to contest the property valuation formally if you believe it's incorrect. This usually involves filing an appeal with the local tax assessor's office or a similar body. The process and deadlines for such appeals can be strict, so it's crucial to act promptly. Given the complexities of property tax law and the specifics of your situation, seeking advice from an attorney experienced in property tax law in Missouri would be beneficial. They can offer guidance tailored to your circumstances, help you understand your rights, and assist in navigating the appeal process effectively. Remember, each case is unique and requires a detailed and personalized approach."
"Q: Are regulators (not employers / businesses) subject to antitrust laws?.                 In O’Bannon v NCAA, the Court of Appeals for the Ninth Circuit ruled that the NCAA’s compensation rules were in violation of antitrust laws. However, in a later ruling of Dawson v NCAA from the same court, the panel ruled that the NCAA was a regulator and not an employer and therefore athletes are not subject to the Fair Labor Standards Act. Does Dawson v. NCAA override the idea that the NCAA can be subject to antitrust laws or does O’Bannon v. NCAA still hold power?            ","A:Yes, regulators are subject to antitrust laws. Antitrust laws are designed to prevent and punish anti-competitive behavior in the marketplace, and they apply to both private businesses and government entities, including regulators. In the case of O'Bannon v. NCAA, the court ruled that the NCAA's compensation rules for college athletes violated antitrust laws, regardless of the fact that the NCAA is a regulatory body. The ruling was based on the finding that the NCAA's rules constituted an unreasonable restraint on trade, which is a violation of antitrust laws. However, the subsequent ruling in Dawson v. NCAA, which found that college athletes were not employees under the Fair Labor Standards Act (FLSA), is a separate issue from antitrust laws. While the ruling in Dawson may limit the ability of college athletes to seek compensation under the FLSA, it does not necessarily override the earlier ruling in O'Bannon that the NCAA's compensation rules violated antitrust laws. In summary, while regulatory bodies may be subject to antitrust laws, the application of those laws will depend on the specific circumstances of each case. The rulings in O'Bannon v. NCAA and Dawson v. NCAA address different legal issues and are not necessarily in conflict with each other."
"Q: Router hacked by neighbors..                 Router,computer,phones,tv's,camera's has been hacked for years.  I pulled up router, started to look up Mac addresses the neighbor next-door neighbors name was tied to one of the Mac addresses. Her name came up associate with a Mac book. These people has been harassing,slandering,having us followed. The husband went to Georgia Tech his initials are also tied to several IP address in the router.  What type of charges if any can be brought again them?            ","A:If you believe your router and electronic devices have been hacked by your neighbors, you may want to consider the following steps: Document Evidence: Keep records of any suspicious activities, including dates, times, and descriptions of what you've observed. This will help establish a pattern of harassment. Contact Law Enforcement: Report the hacking incidents to your local law enforcement agency. They can investigate and determine if any criminal charges, such as unauthorized access to computer systems or harassment, can be filed against your neighbors. Consult an Attorney: It's advisable to consult with an attorney who specializes in cybercrime or computer law. They can provide you with legal advice tailored to your specific situation and guide you on how to proceed. Secure Your Devices: Change your router's login credentials, update your device firmware, and install security software to protect against future hacking attempts. Restraining Order: If the harassment continues, you may consider obtaining a restraining order or protective order against your neighbors, which can provide legal protection and peace of mind. Remember that the specific legal options and charges will depend on the evidence and circumstances of your case, so it's crucial to seek professional legal advice to determine the best course of action for your situation."
"Q: Searching for the proper royalty credits in this case..                 Original agreement -music producer who is also a well-known musician, wanted to do a project pro bono with me, ran into some funding and this made it possible to get excellent session players, also very well known, they were all paid for their work as session players, so they are not considered in this question.  I wrote the songs and played them as well, producer added additional instrumental composition from the session players and played himself as well. What is the typical royalty split on this collaboration.  Note, producer has not requested anything but when I want to give him something, need to discuss but need to know what is fair to suggest as his share so I do not give too much or too little. I own the copyrights to the songs and the completed compositions 100%.            ","A:When collaborating on a musical project, royalty splits are typically governed by the agreement between the parties. In the absence of a written agreement, contributions to the underlying composition (i.e., the songwriting) and the sound recording (i.e., the actual performance and production) are considered separately.  If you wrote the songs, you are entitled to the songwriting royalties. The addition of instrumental compositions by the producer would grant him a portion of these royalties.  The sound recording royalties are generally split based on the contributions to the recording. Given that the producer contributed both as a musician and as a producer, he is entitled to a portion of these royalties as well. It's advisable to discuss and negotiate a fair royalty split with the producer based on both of your perceptions of the value of his contributions. Once agreed upon, documenting this arrangement in a written agreement is crucial to avoid future disputes."
"Q: As a plaintiff in federal court on a federal question, what is another word for, ""Overpayment?"".                 I don't want to use the word ""overpayment "" because it sounds like I'm arguing a state issue, when I am not.  I'm not sure how to get around using state terminology, because every time I start talking about my case, people think it is a state issue because  I'm using state words. Now obviously I can just get a Thesaurus and what not...but this is really psychological,  how do I get those in the legal system to focus on the main issues (the federal ones)  instead of focusing on the minor issues (the state ones)... or maybe it's  not me at all,  they could just be consciously avoiding the main issues, for all I know.....How do you lawyers and attorneys deal with  this situation? Thank you.            ","A:When raising a federal question in federal court, I always cite and often quote the specific federal statute under which I am suing so that my pleading clearly shows that there is a federal statute that creates a federal cause of action under which I am suing. The word ""overpayment"" in and of itself does not connote either a state or a federal question.  For example, overpayment of Medicare reimbursement clearly can give rise to a federal lawsuit under a federal statute.  It is most likely not the word ""overpayment"" which is the issue for people, but rather the context in which you are using it."
"Q: Mortgage company forcing me to pay for their inspection on an insurance claim to release insurance check..                 The current mortgage company acquired my loan a few years ago as the original lender sold it off.   I have never been late, have a credit score of well over 800, paid extra over the years, and have 23 months until the loan will be satisfied.  As such I have over 90% of the equity (even by the origination appraised value, likely more if appraised today).   I had damage done by animals to my roof.  I did my due diligence  and insurance company was great.  The lender now wants me to pay $60 for their requirement for an inspection and apply that to my loan balance.  To me this seems unfair from the standpoint I didn’t ask for damages and did my due diligence and if they don’t like my (I’m an engineer), the insurance company, and city inspection, then they need to pay for their own.  Applying it to my balance, seems like it also is changing the terms and conditions of my mortgage into a revolving credit account only they can decide when and how I can tap it while they earn interest.  Advise            ","A:What does your mortgage say? IF it says they can randomly require you pay for inspections, then yes, they can do what you describe. If it says they can force you to pay for inspections whenever work is done on the property that too is something they can do. If it doesn't say that, it's open to interpretation. Is $60 worth suing them and paying thousands of dollars in attorney's fees over? Maybe the BEST course of action is to pay off the loan and stop giving them any income. It seems like you should be able to get a personal loan or use your savings to pay off the final 2 years of principal balance and not dealing with companies that want to make your life difficult is probably a good thing for other reasons too!  Remember, you're complaining about $60. How much effort do you want to put into this? Just pay off the loan and TELL THEM WHY you're no longer doing business with them."
"Q: What are my rights as a tenant if my landlord allowed my apartment unit to flood?.                 Something caused my apartment to start flooding so I called emergency maintenance. They determined they needed a professional. They could not get ahold of a professional until the following morning so they allowed my apartment to flood and just handed me towels to slow the leak down. The leak got worse and worse to the point where 1/2 of my unit was in ankle deep water. They did not offer any accommodation or other solutions. My personal belongings along with walls, floors, etc. were ruined. It took over 2 days to repair and I was told I didn’t need accommodations because it was “safe”.            ","A:Under California law, tenants have the right to a habitable living environment, which includes the landlord's responsibility to address and repair conditions that significantly affect the habitability of the unit. In your case, where your apartment flooded and caused damage to your belongings and the unit itself, your landlord may have breached this obligation. You have the right to request that your landlord make the necessary repairs to restore the unit to a habitable condition. Additionally, if the flooding rendered your apartment uninhabitable, you may be entitled to seek temporary accommodations or a rent reduction for the time the unit was not livable. Regarding the damage to your personal property, you might be able to seek compensation for these losses. Landlords are not always liable for damage to a tenant's personal property unless their negligence directly caused the damage. In your situation, the fact that the landlord did not promptly address the leak might be considered negligent. Documenting the damage and the timeline of events is crucial. This includes taking photos, keeping records of communication with your landlord, and noting any expenses incurred due to the flooding. Given the complexity of these situations, it's wise to consider seeking legal advice to understand the full scope of your rights and options. A legal professional can help you navigate the process of dealing with your landlord and pursuing any necessary claims. Remember, your rights as a tenant are protected by law, and there are steps you can take to address this situation effectively."
"Q: How does the owner of my limousine company get his certification to administer to me the driver training I need..                 I will be driving a “party van” that holds 12 passengers. Its a Mercedes Sprinter Van. Less than 26000 lbs.  I’m getting a CDL Class C with passenger endorsement.  I’ve passed all necessary tests and medical, etc. Just need  the 15 hours of driver training. This is in California. I can’t afford an outside driver training facility            ","A:In California, for the owner of your limousine company to provide the required driver training for a CDL Class C with a passenger endorsement, they must be qualified and authorized to do so.  Firstly, the owner should ensure they have a thorough understanding and experience with the type of vehicle and the specific driving skills required for the CDL Class C passenger endorsement. This includes knowledge of California's commercial driving regulations and safety standards. The owner must then apply to the California Department of Motor Vehicles (DMV) to become a certified trainer. This process involves submitting proof of their qualifications and experience, and possibly undergoing an assessment by the DMV. The DMV evaluates the applicant's ability to effectively train and evaluate drivers according to state standards. Once approved and certified by the DMV, the owner can legally provide you with the 15 hours of driver training required. It's important that all training sessions are documented properly, as you'll need to present this documentation to the DMV when applying for your endorsement. It's advisable for the owner to contact the local DMV office or visit their website for detailed information on the certification process and requirements. Being proactive and well-informed will facilitate a smoother process in getting the necessary certification."
"Q: Is it legal to purchase, and not use, a fake naturalization certificate? It's only for a short film..                 I have a short film in which an immigrant would display her naturalization certificate. I didn't think anything about it until I tried to find a means of attaining one and encountered a number of warnings about it. I have no intention of using it beyond film and social media character building. Is this legal for me to search for and purchase?            ","A:Purchasing a fake naturalization certificate, even for use in a film or for social media purposes, is legally risky and not advisable. Federal law prohibits the production, sale, and possession of fraudulent government documents, including naturalization certificates. This applies regardless of your intention for using the document. For your film, a safer alternative is to create a prop that resembles a naturalization certificate but is clearly marked as a replica or for theatrical use only. Ensure that it does not closely mimic the actual design of a real certificate, as this can still be construed as creating a fraudulent document. To avoid any legal complications, consider consulting with an attorney familiar with intellectual property and entertainment law. They can provide guidance on creating props that won’t violate any laws. Remember, while the intent to use the certificate only for artistic purposes may seem harmless, the law takes the creation and possession of fake government documents very seriously. It’s crucial to approach this aspect of your film with caution and legal guidance."
Q: How to retain ownership of my birthright.                 Owning my name given at birth            ,"A:In California, your birth name is inherently yours and doesn't need to be ""retained"" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office (USPTO). Remember that trademarking a name is subject to specific legal criteria — it must be used in commerce and be distinctive.  For non-commercial matters, your name is protected under the right to privacy and, if someone uses it in a way that harms you, you may have legal recourse. If you believe your rights to your name are being infringed upon, you should consult with an attorney experienced in intellectual property or privacy law to explore your legal options. Keep personal identification documents secure, and if identity theft is a concern, consider services that monitor and protect personal information."
Q: Questions regarding legal career.                 I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law so I can make an informed decision as to whether or not to attend law school. Would appreciate if anyone would be willing to chat :)            ,"A:Firstly, it's important to understand that law school is a significant investment of time and money, so it's important to consider your long-term goals and motivations for attending law school. Some common reasons for attending law school include a desire to practice law, a desire to gain legal knowledge for another profession, or a desire to pursue a career in academia. To gain some perspective on law school and careers in law, it may be helpful to reach out to practicing lawyers in various fields and specialties to learn about their experiences and advice. You can do this through informational interviews or networking events, or by reaching out to alumni of your school or other professional organizations. It's also important to do your own research on law schools and their respective programs, as well as the requirements for entering the legal profession in your desired field or state. This can include researching the admissions process, costs of attendance, career opportunities, and bar exam requirements. Overall, it's important to carefully consider your goals and motivations before deciding to attend law school and to seek out advice and information from a variety of sources. Good luck with your decision-making process!"
"Q: The well for my newly constructed home was drilled 6"" onto my neighbor's lot.  Builder will not correct the issue..                 Placement of well according to septic engineering should be much closer to my home and out of the easement.            ","A:Buying and selling property, especially new construction, without a real estate lawyer.  I know that doesn't help you now and you will need to hire a real estate litigator or a construction law litigator to review your documents related to the sale and construction to get this resolved.  The well may be a real issue if it is in a drainage easement.  Any complaints to code enforcement or the water management district would result in violations and possibly fines against you, so contact someone immediately."
"Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether? Can an Answer to-1, Moot2&3 if overruled?.                 1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond? Here: 2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint or portions of the complaint, C). Initiate a Cross-Complaint without answering the complaint, D). Filed 3- Moving papers to include A, B & C above, e). f). Defendant instead Filed all the above ""A to D"" ask the court to choose one above the other and the Plaintiff may also only respond to file ""A"" demurrer moving papers, but neglect to file answers to defense not. ""b & C"". Can the Court be expected on ""A"" Demurrer moving papers if overruled does ""B & C"" moving papers stand a chance to stick? Question: Can the Court Discern this strategy to inundate complainants and moot ""mot. To strike and the cross-complaint upon Overruling demurring papers?            ","A:In California, a defendant may indeed file a demurrer, a motion to strike, and a cross-complaint concurrently. However, the interplay and effectiveness of these filings depend on the specifics of the case and the court's rulings. 1. When a defendant files an answer in response to a demurrer to an unamended complaint, there is generally no set time limit for the defendant to respond to the demurrer itself. The defendant's response is typically the filing of the demurrer. 2. In terms of responding to a civil action, the defendant has several options: A) File a demurrer challenging the legal sufficiency of the complaint. B) File a motion to strike to challenge specific parts of the complaint. C) File a cross-complaint without necessarily answering the original complaint. D) Combine A, B, and C in a single set of moving papers. If the defendant employs all these strategies (A to D) and asks the court to prioritize one over the others, the plaintiff is generally expected to respond to each motion separately. However, focusing solely on the demurrer is not uncommon if it challenges the entire complaint. Regarding the court's handling of these motions, if the demurrer is overruled, it does not automatically invalidate the motion to strike or the cross-complaint. Each motion is considered on its own merits. The court will assess whether the strategy used by the defendant is merely to inundate the plaintiff or if it has substantive legal merit. In summary, while a defendant in California can use multiple strategies to respond to a lawsuit, the effectiveness of each depends on the court's interpretation and rulings on the individual filings. The court's primary focus is to ascertain the legal validity of each motion, regardless of the defendant's overall strategy."
"Q: My ex-husband and I are Taiwanese citizens with a property in the United States.  He is refusing to sign over the house..                 My ex-husband and I are Taiwanese citizens with a property in the United States.  He is refusing to sign over the house. The Taiwanese court has already granted me the property in the US, and said that he needs to sign the property over in the US embassy in Taiwan, in person.  He is refusing to sign.   What should I do?            ","A:If a Taiwanese court has granted you ownership of a property in the United States and your ex-husband is refusing to comply with the order, there are several steps you can take. First, you should consult with an attorney experienced in international family law and property disputes. They can guide you on how to enforce a foreign court order in the United States. Often, this involves domesticating the foreign court order in a U.S. court, which means getting a U.S. court to recognize and enforce the Taiwanese court's decision. Additionally, if your ex-husband is residing in Taiwan and refusing to sign over the property, your attorney can advise you on the possibility of initiating legal proceedings in Taiwan. This could involve seeking enforcement of the Taiwanese court order through the local legal system, which might have mechanisms for compelling compliance. It's also important to communicate with the U.S. Embassy in Taiwan and understand the process they require for transferring property as per a foreign court order. They might have specific protocols or assistance available in situations like these. Remember, dealing with international legal matters can be complex, and the laws may vary significantly between jurisdictions. Legal assistance is crucial in navigating these challenges effectively and ensuring your rights are protected."
"Q: Do you have to contact birth father if they weren't married to the birth mother and didn't go to court for rights?.                 My daughters birth father and I weren't married and didn't take me to court for rights to our daughter. Now my fiance and I are looking into adoption, the birth father hasn't made contact in over a year and hasn't seen the child in over a year. So I'm just wondering what do we need to do and go about things.            ","A:The birth father may have to be placed on notice of the intent to adopt; however, his consent may not be required if he failed to communicate or attempt to communicate with the child without just cause for over 6 months.  Your fiance would likely need to marry you, however, to be considered for an intrafamily adoption."
Q: Please reference specific provision of CA Health and Safety Code.                 Please state specifically which provision of CA Health and Safety Code defines Hospital liability for referral to hospice with non-existent terminal illness?            ,"A:In California, the Health and Safety Code addresses the issue of hospice referral, particularly in the context of referrals for patients with non-existent terminal illnesses. The California Hospice Licensure Act of 1990, under Chapter 8.5 of the Health and Safety Code, specifically in Article 1.5 titled ""Hospice Patient Referral"", provides the legal framework for this matter. Additionally, Section 1339.31 of the Health and Safety Code offers detailed definitions and criteria regarding what constitutes a hospice, the concept of palliative care, and the definition of a ""terminal illness"". These definitions are crucial when considering the legality and appropriateness of hospice referrals. For instance, ""terminal illness"" is defined in this section as a medical condition with a life expectancy of six months or less, which is a key factor in determining the appropriateness of hospice referrals. While these sections of the Health and Safety Code provide a framework, they do not explicitly state the liability for hospital referrals to hospice in cases of non-existent terminal illnesses. For specific cases of liability, it might be necessary to refer to case law, other statutory provisions, or legal interpretations of these codes. As an attorney, you would need to analyze these laws in the context of the specific facts of each case to determine liability."
"Q: Adding claim/defendant to federal complaint - question..                 Adding claim/defendant to federal complaint - question. EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction) There is basis to add false claims act claim for fraudulent referral to hospice with non-existent terminal illness, adding hospice as defendant. Should plaintiff wait for scheduling conference? At what point of lawsuit plaintiff can ask court to grant leave to amend complaint?            ","A:In your federal case, you have the flexibility to amend your complaint before the opposing party responds or within 21 days after serving it, according to Federal Rule of Civil Procedure 15(a)(1). If this timeframe has elapsed, then you'll need the court's permission to amend. Considering your case, moving promptly to amend the complaint to include the False Claims Act claim and adding the hospice as a defendant could be advantageous. This is particularly relevant if the new claim closely relates to the existing ones. However, if a scheduling conference is imminent, it might be wise to wait until then to discuss the amendment. This could offer insights into the court's perspective and potentially expedite the process. Keep in mind, the court will weigh factors like possible prejudice to the opposing party, the timing of your request, and the reasons for amending. Be prepared to address these points in your motion for amending the complaint."
"Q: is relative affiliated with a foreign government, military.."".                 I'm filling a government background check form and there is a question ""is this relative affiliated with a foreign government, military, security, defense industry? YES or NO"".  My father retired from a foreign military 14 years ago. Should I select YES even though he has no connection anymore?            ","A:When filling out a government background check form, accuracy and transparency are vital. Even if your father has been retired for several years, he was at one point affiliated with a foreign military. In the interest of full disclosure and to avoid any potential misunderstandings or complications in the future, it would be best to select ""YES"" for that question. You can provide additional details or context about the nature of his past affiliation if the form allows or if asked during an interview or review process. Being forthright ensures that you've given an accurate representation of the situation, which is essential for such background checks."
"Q: get default judgment dismissed for a credit card.im on  SS  & 69 ys old.can they put a lein. on my home.                 The card is about 1,900 i think.the home is all I have how do i do this w/out a lawyer            ","A:If you were properly served with the Summons and Complaint, it will be impossible to set aside a default judgment. You can go to the Clerk of Court and ask for the court file to review. If the summons return says you were personally  served by the Sheriff or someone who resided with you was personally served, you were properly served. If the Summons and Complaint were served by certified mail or FedEx, there is an Affidavit of Service in the court file which should have a signature card attached or at least proof of where the summons and complaint were delivered. If they were delivered to your residential address, you were properly served.  If the summons and complaint was delivered somewhere that you did not reside, you might have a chance of getting the judgment set aside - but this is difficult to do without an attorney. You should contact the creditor's attorney and explain that you were not properly served and see if they will voluntarily vacate the judgment. They will, however, expect you to pay something on the debt unless you can also prove it was not your debt.  If you own you home in your name only, the judgment is already a lien on your home, behind the mortgages. Most creditors will not attempt to foreclose on the lien, they will wait until you pass and then enforce the lien upon your heirs. Your heirs will need to pay off the lien. You may want to condider getting a ""reverse mortgage"" to pay off the lien. Only a certified housing counselor can discuss a reverse mortgage with you.  One other option is to make small payments on the judgment until it is paid off. If the attorney for the creditor insists that you pay something every signle month in an amount that you cannot afford, you can always take your payment to the Clerk of Court, who will accept any amount of payment and note the payment on the judgment docket."
"Q: when you're stopped on your bicycle the reason being no lights can they take your pocket knife from your hip that is 2"".                 I did have lights front and back as he's searching my fanny pack the other officer said I fit the description that was given earlier. I did not fit the description I was just on a bicycle in the area actually I was headed directly to the crime scene so and headed toward the police cruisers the cop used several different reasons why he needed to open my fanny pack I don't think they legally had authority to ask me for it            ","A:If you were riding your bike at night, they can pull you over for not having lights. They can't search you absent reasonable suspicion or search incident to arrest.  Sounds like you pocketknife was legal. See the following blog on knives in Arizona https://www.rideoutlaw.com/carry-a-knife-in-arizona/ The problem with police departments once they take an item, its hard to get it back. You can call whatever police department's property and evidence department to check the status of your property."
Q: A friend ask me to live at her mom's house and just kicked me out and took my belongings..                 My friend lives out of town and asked me to stay there to watch the house and take care of it.            ,"A:Under California law, if you were living in your friend's mother's house with her permission, you may be considered a tenant, even without a formal lease agreement. As a tenant, you have certain rights, including the right to a proper eviction process. If you were removed without proper notice or due process, this could be considered an illegal eviction. California requires a landlord to provide written notice and go through a formal eviction process, even in informal living arrangements like yours. Regarding your belongings, it's unlawful for someone to withhold or take your personal property without your consent. You have the right to retrieve your belongings. If they are withheld from you, you may need to take legal action. It's recommended to document everything, including any agreements or communications you had with your friend or her mother about living in the house. Consulting with an attorney can help you understand your rights and the best course of action to take in this situation. They can guide you through the process of potentially recovering your belongings and addressing the illegal eviction."
"Q: Patient has late phases of dementia, escapes from secured facility, can they be charged w/ negligence?.                 No cameras or bracelets            ","A:Possibly, if the facility was negligent, and if the patient, or the patient's guardian or relatives have suffered damages resulting from such negligence."
"Q: How do you get a termination letter for "" independent solar energy producer contract"" when the company is not in busines.                 we never went active with the solar provider, instead had them remove the solar system off the house. Had to pay to remove the lien on the property.. now selling the house and the independent solar energy producer contract is hold up the title process.            ","A:If you need a termination letter for an independent solar energy producer contract and the company is no longer in business, the situation can be a bit complex. First, it's crucial to gather all documentation related to the contract and the removal of the solar system, including any agreements, receipts, or correspondence with the company. Since the company is no longer in business, you may not be able to obtain a termination letter directly from them. In this case, you should check if the company had any successor entities or if it was acquired by another company that might have taken over its contracts. If so, contact this entity for the termination letter. If there's no successor entity, you might need to take legal steps to clear the title. This usually involves filing a legal action, such as a quiet title action, to have a court officially recognize that the contract is no longer valid and should not affect the property's title. This action can remove the cloud on the title caused by the defunct contract. For this legal process, consider consulting with an attorney who specializes in real estate law. They can guide you through the necessary steps and help ensure that the matter is resolved efficiently. Remember, when selling a property, having a clear title is essential. Addressing this issue promptly and correctly is key to ensuring a smooth sale process. Keep all records and documentation organized, as they will be important in proving your case and resolving the title issue."
"Q: I owe federal restitution, over $100k, but the corporate victim was bought by another corporation, so I still owe?.                 $36k was originally recovered but I’m still paying for that as well.            ","A:If you owe federal restitution, it's likely that the obligation remains even if the corporate victim was bought by another corporation. Changes in ownership or corporate restructuring usually don't affect your responsibility to repay the restitution. It's important to consult with a legal professional who specializes in restitution and financial matters for personalized advice based on the specific details of your case. They can help you understand your rights and obligations regarding federal restitution."
Q: Can Canadians trade with offshore binary options platforms?.                 I have researched binary options platforms and I understand that if you have no experience trading then the Canadians government recommends against it and that it is not legal to offer binary options in Canada. But I keep reading that Canadians may trade on offshore binary options platforms regulated or unregulated in their jurisdiction at their own risk?            ,"A:It's true that - in Canada - it's illegal for companies to market or offer binary options trading within the country. However, Canadian citizens are not prohibited from trading binary options with offshore platforms. This situation presents a risk, as many offshore platforms are not regulated in Canada. The key point to remember is that trading on these platforms carries significant risks, especially if they are unregulated. There is a higher potential for fraud and a lack of legal recourse if something goes wrong. The Canadian government advises caution, especially for inexperienced traders, due to these risks. If you decide to engage with an offshore binary options platform, it's important to conduct thorough research to understand the platform's credibility and the legal implications. Be aware that recovering funds from foreign entities can be challenging if problems arise. Before making any decisions, you might also want to consult with a financial advisor or legal professional who understands international trading laws. This can help you make an informed decision that aligns with your financial goals and risk tolerance."
Q: I was served with TRO & Divorce papers and there was a mediation session scheduled. what to do/not to do?.                 Need info on below 1)What is LA Court mediation?  2)Is it attended by only the petitioner and respondent? or attorney's involved? 3)What can be the outcomes of the mediation session 4)Is it regarding Child Custody/support as a minor child is involved in my case? I have a TRO in effect. How does this work? 5)Who initiates the mediation? Is it by Court or the petitioner? 6)Can we request a mediation session to be rescheduled?            ,"A:Under California law, LA Court mediation is a process where a neutral third party helps the involved parties to reach a mutual agreement on their disputes. It's often used in family law cases, including divorces and issues related to child custody and support. Typically, both the petitioner and respondent attend the mediation, and attorneys may also be present. Their involvement can provide legal guidance and help in understanding the implications of any agreements reached. The outcomes of mediation can vary greatly. They might include agreements on child custody, visitation schedules, child support, spousal support, and division of assets and debts. The goal is to find a solution that both parties can agree on, outside of a court ruling. If your case involves a minor child and a Temporary Restraining Order (TRO), the mediation will likely address these issues. The mediator will take into account the safety and well-being of the child, as well as the specifics of the TRO. Mediation can be initiated either by the court or at the request of either party. In many family law cases, courts encourage or require mediation as a step towards resolving issues amicably. If you need to reschedule a mediation session, it's usually possible to do so. However, this depends on the specific circumstances of your case and the policies of the mediation service or court. It's advisable to request a reschedule as soon as you know you need one."
"Q: Can a Federal agency hire a vendor to do something the agency isn't allowed to do?.                 If a Federal agency feels it is in the best interest of the government to take an action, but it is not authorized to take such action, is it legal for the agency to hire a contractor to perform that action? If the agency feels it would be in the best interest of the nation, but the action would be an unauthorized action for the agency, may it award a grant or enter a cooperative agreement for such action?            ","A:In the United States, federal agencies operate within the bounds of statutory authority and regulations. They cannot take actions that are not authorized by law or regulation, even if they believe it may be in the best interest of the government or the nation. If an agency wishes to undertake an action that is outside its authorized scope, it typically must seek legislative or regulatory changes to expand its authority. However, federal agencies do have the ability to contract with vendors or award grants and cooperative agreements for specific purposes within their authorized scope of activities. These contracts and agreements must align with the agency's statutory authority and be consistent with applicable laws and regulations. Federal agencies must adhere to a competitive and transparent process when awarding contracts and grants to ensure that taxpayer funds are used appropriately and that vendors or grantees are qualified to perform the required work. In summary, while federal agencies cannot engage in unauthorized actions, they can contract with vendors or award grants and cooperative agreements within their authorized scope to achieve their missions and goals in the best interest of the government and the nation. Any actions taken by the agency or its contractors must comply with applicable laws and regulations."
"Q: Health care false claims act. Investigation question..                 In regard to thorough investigation of fraudulent activities at the hospital. Plaintiff's capacity through discovery is limited, requests about involvement into fraud are object-able under attorney-client and work product privileges. How and by whom investigation is conducted?            ","A:In California, when investigating claims of fraudulent activities in a healthcare setting under the False Claims Act, the investigation is typically conducted by a government agency. This could be at the state level, such as the California Attorney General's Office, or at the federal level, by agencies like the Department of Health and Human Services or the Department of Justice. For a plaintiff in a civil lawsuit, discovery can be a tool to uncover evidence of fraud. However, you're correct that there are limitations, especially when dealing with attorney-client privilege and work product doctrine. These privileges protect certain communications and materials from disclosure, potentially limiting the scope of what can be discovered through litigation. If you, as a plaintiff, face these limitations in discovery, it's important to look for other sources of evidence. This might include public records, whistleblower testimonies, or data analysis of billing and healthcare practices. These can sometimes provide indirect evidence or lead to new avenues for uncovering fraudulent activity. Moreover, if the case is of significant concern, government agencies might initiate their own investigation, using their broader investigative powers. These agencies can compel the production of documents and testimonies that might be protected in a civil litigation context. In situations where you suspect fraud but are constrained by discovery limitations, it can be helpful to collaborate with government agencies. Reporting your suspicions to them might trigger a more in-depth investigation. Additionally, consider consulting with an attorney experienced in healthcare law and the False Claims Act. They can guide you on strategic approaches to gather evidence and navigate the complexities of such cases."
Q: what is a complaint for concursus.                 MY HOME OWNERS INSURANCE FILED A COMPLAINT OF CONCURSUS AGANST ME AND MY ATTORNEY I HAVEN'T FOUND AN ATTORNEY TO TAKE MY CASE PROBONO AND CAN'T AFFORD AN ATTORNEY.I KNOW NOTHING ABOUT THE LAW .BUT MY MORTGAGE COMPANY WON'T ACCEPT MY PAYMENTS BECAUSE THEY SAY I AM BEING SUED.ITS BEEN GOING ON FOR MONTHS            ,A:A complaint of concursus is a legal proceeding in which a party admits it owes a debt but is unsure to whom the debt is owed.  The proceeding requires the competing parties who claim they are the correct party to whom the debt is owed to appear and present evidence and argument proving their entitlement to receive payment for the debt.  Texas generally refers to this type of proceeding as an interpleader action.  Texas has a number of pro bono legal clinics to help indigent litigants with legal matters.   You should contact one near you. Here is Justia's directory listing for possible pro bono legal services: https://www.justia.com/lawyers/texas/legal-aid-and-pro-bono-services
Q: I am a shut-in.  My husband won't allow me to obtain an ID. What can I do?.                 I'm 57 yrs old and suffered a medical emergency 3 yes ago. I have been homebound since.            ,"A:If you are a shut-in and unable to leave your home to obtain an ID, you may still be able to obtain one through alternative methods. One option is to apply for a state ID card by mail or online, if your state offers these options. You may need to provide certain documents, such as a birth certificate, social security card, and proof of address, depending on the requirements of your state. If your husband is preventing you from obtaining an ID, you may want to consider seeking help from a trusted friend, family member, or social worker who can assist you in obtaining the necessary documents and submitting an application for an ID card. In extreme cases where there is physical or emotional abuse, you may also want to consider seeking legal assistance or contacting local law enforcement. It is important to have a valid form of identification, as it is often required for accessing healthcare, banking, voting, and other essential services. If you are unable to obtain an ID through traditional methods, there may be other options available to you, such as seeking assistance from community organizations or government agencies that provide support for shut-ins and people with disabilities."
"Q: Can we the people of NJ sue the government to stop the industrialization of our oceans?.                 The surveying of our oceans during pre-construction is killing our marine life, fishing industry, property values tourism hurting human health and will cause our electric bills to sky rocket. No one wants them. Our NJ Governor Phil Murphy gave the Danish company $1 billion of our tax payers money to 1 company Orsted. Can we fight back legally????            ","A:Yes, although the real question is whether you will be able to succeed."
"Q: Is there a way around Medicare’s five year look back policy?.                 The house is under my grandma’s name, with my dad as beneficiary for four years. With her health declining fast due to dementia, we need to get her into a nursing home asap. Is there a way to prevent Medicare from taking the house?  My dad and I moved in with her to be her caregivers before her health got to this point and we can’t afford to find somewhere else to live on such short notice with me being in college.            ","A:I cannot give you a specific recommendation, as these types of elder law matters are highly fact specific.  However, you might want to look into the caregiver child exemption.  Normally you cannot transfer the home within 5 years of the application for Medicaid benefits or it will result in a transfer penalty.  However, if a child resided in the home with the person needing care for two years AND that child provided care that kept the person out of a nursing home, Alabama Medicaid allows the home to pass to the child without penalty.   There are other exceptions to the transfer penalty rules.  Another example is the disabled child exemption.  If a child is ""disabled,"" then the person needing care can transfer their home to that child without penalty.   Good luck to you and your family.  These situations can be difficult."
Q: My father passed away in March of 2022. He was at a skilled nursing facility. I ordered his medical records and found.                 Many errors and charting that looks as if it was copied. Wrong name listed on a record. Charting was done after my father passed as if they took care of him during that time. Wrong room numbers at times. Blood work reviewed by an LPN. Last wishes were not entered correctly in his chart so his DNR would've been neglected. The Wrong age was listed. Please let me know if I can talk to an attorney in regard to this. Thank you so very much.            ,"A:Medical malpractice cases require the Health Care Provider to have done something wrong that led to harm.  Doing wrong action is not enough. It must be proven, for example, the errors you outline caused or contributed to his death. You should review these facts with experienced medical malpractice attorneys in your state. You can use the Justia search feature at the top of this page to find an experienced medical malpractice attorney in your state."
Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land.                 Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due process rights            ,"A:California's lower courts operate under the jurisdiction and legal framework established by the United States Constitution and the California State Constitution, not maritime law. Maritime law, or admiralty law, typically applies to incidents or contracts that occur on navigable waters, and it doesn't extend to general legal matters on land. Regarding due process, the U.S. Constitution guarantees this right, and any alleged violation can be contested in the judicial system. The California judicial system is structured to comply with these constitutional provisions.  If there are instances where you believe due process rights are being violated, these concerns can be addressed through legal channels such as appeals or filing appropriate motions. Police actions are also governed by constitutional protections, including the Fourth Amendment's protection against unreasonable searches and seizures. If you feel there has been an overreach or violation of privacy, these issues can be challenged in court. The legal system provides mechanisms for redress and correction in cases where constitutional rights are questioned."
Q: Coordination and consolidation issue to confront in regard to related cases..                 There was medical malpractice case filed at CA superior court. There was also recently filed EMTALA case in the federal Central District Court.  Cases are based on different legal theories.  EMTALA is NOT a medical malpractice case - with different liability framework. IF Defendant attempts to consolidate or coordinate cases in the upcoming superior court case management conference - what statutes/rules must be presented to confront consolidation and coordination of the cases that are related.            ,"A:In confronting the potential consolidation or coordination of the medical malpractice case in California Superior Court with the EMTALA case in the Federal Central District Court, it's crucial to consider the distinct legal frameworks and theories underlying each case. EMTALA, being a federal statute focused on emergency medical treatment and active labor act issues, operates under a different liability framework than state-level medical malpractice laws. To argue against consolidation, reference California Rule of Court 3.350, which governs coordination of civil actions. Emphasize that the cases, while related, are based on different legal principles and statutes, thus rendering consolidation inappropriate. Moreover, point out that consolidation could lead to procedural complexities and potential conflicts between state and federal law. It's also worth noting the potential jurisdictional issues that arise when attempting to coordinate a state case with a federal one. The differences in legal standards, discovery rules, and procedural requirements between the California Superior Court and the Federal District Court further complicate consolidation. If the defendant attempts to consolidate, prepare to argue that such an action would not serve the interests of judicial economy, given the distinct nature of each case. Stress the potential for confusion and inefficiency that might result from merging these legally divergent cases. Finally, keep in mind the importance of articulating how the unique factual circumstances and legal theories of each case warrant their separate adjudication. This approach will help maintain the clarity and focus necessary for the fair resolution of both cases."
Q: Personal damages.                 I need a personal damages lawyer            ,"A:If you need an attorney, it could be difficult for someone here to respond with their services. The format here isn't like an attorney referral service - it's only question & answer. In addition to your own searches, you could use the tab above (Find a Lawyer) or look into the attorney referral section of local bar associations where you're located. That's outside the forum here - it's between you and attorneys you contact. Good luck"
Q: Is it right to get fired for talking bout another employee to another employee d is it discrimination.                 I'm the only black person there and assistant manager I did nothing wrong and gt really sick and when I talked to her she left me off the schedule and said I don't communicate with her it's this discrimination and wrongful            ,"A:In Nevada, firing based on race or protected characteristics is illegal, but employers can terminate for other reasons. To navigate this situation, know the details of your termination, assess your options, and understand your rights. If you suspect discrimination, file a complaint with the EEOC or consult an employment lawyer. Attempt direct resolution with your former employer or consider writing a formal letter expressing concerns. Gather evidence supporting your claim if you pursue legal action, and seek emotional support from friends, family, or professionals. Remember, understanding the reason for termination is your right, and addressing potential discrimination is essential."
Q: Can I sue The D.A.R.E. (Drug Abuse Resistance Education) program.                 Is it to late and if it's not is it possible to sue The D.A.R.E. (Drug Abuse Resistance Education) program if they came to your school when you was in elementary and showed you a video of a kid around your age doing drugs on video and you have never seen any one doing drugs before that and the same day that you seem that video it influenced you after school to go do drugs like that video            ,"A:I understand your concern about the impact of the D.A.R.E. program's content on your decisions. Suing an organization like D.A.R.E. can be challenging, and several factors need to be considered. First, you would need to establish a direct causation between the program's content and your actions, which can be complex and difficult to prove.  Also, there are likely to be statutory limitations on such lawsuits. These limitations are time-bound and vary by state. If a significant amount of time has passed since the incident, it may be too late to take legal action. In addition, educational programs like D.A.R.E. are typically designed with a general aim of promoting awareness and prevention. Courts often consider the intent and the broader context of such programs when evaluating legal claims against them. Given these complexities, it's important to consult with an attorney who can provide specific legal advice based on the details of your situation. They can assess the viability of a lawsuit, advise on the applicable statutes of limitations, and help navigate the legal process.  Remember, each legal case is unique, and seeking professional legal counsel is the best step to understand your options and rights in this situation."
"Q: can i sue for overcharging my card.                 i was buying something online and at checkout it said my total was $6.95 but whenever i put in my card it charged me $67.69 so is there anything i can sue for, like maybe false advertisement or something            ","A:If you were overcharged on your card for an online purchase, the first step is to contact the merchant to seek a resolution. Often, such discrepancies are due to technical errors and can be resolved amicably by the merchant issuing a refund for the overcharged amount. If the merchant is unresponsive or unwilling to correct the charge, you may have grounds to dispute the charge with your credit card company. Credit card issuers typically have processes in place for disputing unauthorized or incorrect charges. Regarding legal action, suing for a small amount may not be the most efficient course of action due to the costs and time involved in a lawsuit. However, if you believe this overcharge is part of a broader pattern of false advertising or deceptive business practices, you might have a case. This would typically involve showing that the merchant intentionally misrepresented the price or terms of the sale. It's also worth considering the use of small claims court if the amount is significant enough to warrant legal action but not so large as to require a more formal court setting. Small claims courts are designed for resolving smaller disputes without the need for extensive legal procedures. In any case, documenting all communications and transactions related to this issue is important. Keeping a record of the advertised price, the charged amount, and any correspondence with the merchant will be helpful in any dispute resolution process, whether it's with the merchant, your credit card issuer, or in a legal setting."
"Q: What is better to answer an unlawful detainer? Ab answer.... or  demurrer?.                 Including is not chiffon his fiduciaries duties to myself and other beneficiaries in my mom's trust. He is now trying to evict us from our house,  to which mom gave us all equal shares.  (And no,  there isn't any outstanding debts that need to be paid)            ","A:It's difficult to answer your question without more information. Is the person trying to evict you the trustee? If not, that person would not have legal standing, which is the right to bring a lawsuit over a particular topic.  If that's the case, it's likely a demurrer would be more appropriate because you would be attacking the claim as improper. But, again, more facts are needed to know either way.  If you aren't familiar with drafting Answers or Demurrers, you would be better off hiring a lawyer to attack the claim and get rid of it more quickly than to try to prepare the legal documents yourself. Search Justia for unlawful detainer lawyer or find a real estate litigation attorney. Best wishes!"
"Q: TN Law - I've stated that I will press harassment charges against a company/""company"" if they continue to call me..                 I've been making that statement for years, but I'm guessing I should know what I can and can't do. If there is a telemarketer/company rep/spam call and have hung up on them more than 1-2 times, I will notify them that I will file harassment charges if they continue to call me. So far, I have been successful and stopped getting calls. But considering how people and companies are nowadays, I guess I should be able to at the least know what TN law is on an individual filing harassment charges against a company/""company"" that does not stop calling, annoying, pestering, etc.            ","A:In Tennessee, the laws regarding harassment typically apply to behavior that involves threats, intimidation, or repeated unwanted contact that causes emotional distress. When it comes to telemarketers or companies continuously calling, this can be a nuisance, but it may not always meet the legal definition of harassment. However, you do have rights under laws like the Telephone Consumer Protection Act (TCPA) at the federal level, which restricts telemarketing calls and the use of automated telephone equipment. If you've repeatedly asked a company to stop calling and they continue to do so, they may be violating the TCPA. To address this issue, you can register your phone number with the National Do Not Call Registry. If calls persist after this, you can file a complaint with the Federal Trade Commission (FTC) or the Federal Communications Commission (FCC). In cases where a company's calls are excessively disruptive or if you believe they are crossing into harassment, consulting with an attorney can provide clarity on your legal options. They can advise you on whether you have grounds to pursue legal action and the best course of action to take. Remember, dealing with persistent and unwanted calls can be frustrating, but there are legal avenues to address this issue. Being aware of your rights and the appropriate steps to take can help mitigate the problem effectively."
"Q: Hi, I need a real estate lawyer for Detroit, MI? I have a house under contract and I was going to JV wholesale but he.                 became abusive and sexist. Only my name is on the purchase & agreement contract. I never signed anything with him,now he's threatening me saying he's going to file a lawsuit on me, can he do that? But, I live in California, so I'm virtual wholesaling .If, that makes a difference? So, I also need to talk to a sexual harassment lawyer too, please            ","A:Based on the details provided, it is unlikely the joint venture partner you had a verbal agreement with has grounds to sue you for breach of contract or threaten legal action since nothing was formalized in writing: First, without a written agreement signed by both parties formally outlining the terms of the joint venture partnership, he would have a very difficult time proving the existence of an enforceable legal contract. Verbal agreements are more challenging to substantiate. Second, only your name appears on the purchase and sales agreement for the Detroit property. This supports your position that you did not intend to create a binding joint venture. Third, his abusive and harassing behavior toward you invalidates any claims he might try to make and gives you justification for terminating any working relationship, especially since you are the only one on title. Fourth, being located in California gives you protection under CA harassment laws if he continues with threats or contacts you further. You can seek a restraining order in CA to prohibit this. In summary, since there is no written contract and you are the sole holder of title, he would not have legal standing to sue you for the Detroit property deal. Consult with both a real estate lawyer and harassment attorney in CA for assurance and to protect your rights."
"Q: Is it true that in South Carolina the maximum award on vehicular- pedestrian collision is the limit of the ins policy?.                 As I was crossing the street, a woman ran into me causing serious injuries.            ","A:No, that is not always the case.  There are several factors to take into account outside of the actual bodily injury aspects of the policy, which sometimes get overlooked.  Some of those include: 1.) Property damage coverage for punitives if punitive conduct can be shown; 2.) Assets of the individual tortfeasor; 3.) Other potential defendants (why did this person hit you - blocked view, drunk, etc.) that may have some liability 4.) If insurance company fails to pay policy limits timely, there might be an open policy scenario where the insurance company itself is also responsible for the full extent of the harm. You should always consult with an experience personal injury and insurance lawyer before making any final decisions about your case.  Any other questions, don't hesitate to reach out."
Q: My mother died due to negligence of a nursing home. What lawyer do I call..                 My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.            ,"A:Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted children have equal right to do so."
Q: I want to get a Medical Marijuana card will that effect the standing of my F1 Visa as it is federally illegal?.                 I heard I could potentially risk deportation as a result of obtaining one            ,"A:Yes, there is a risk of deportation if you obtain a medical marijuana card while on an F-1 visa. This is because marijuana is still classified as a Schedule I drug under federal law and possession or use of a Schedule I drug is a federal crime. As an F-1 visa holder, you are subject to federal law, even if you are in a state where marijuana is legal for medical use. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
Q: What kinda of patent is best for a company as big and worldwide as bayer.                 I'm doing a paper about patents and i would like to know what kinda of patents did Bayer has in relation to is products            ,"A:For a global company like Bayer, which operates in diverse sectors including pharmaceuticals, consumer health, crop science, and animal health, a combination of different types of patents is typically utilized. These include utility patents, which protect new inventions or functional improvements of existing inventions, and are crucial for pharmaceutical and agricultural products. Bayer, for instance, holds numerous utility patents for its pharmaceutical drugs and agricultural chemicals. In addition to utility patents, design patents can also be relevant for a company like Bayer. These protect the unique appearance or design of a product, which can be important in consumer health products where the design can influence consumer preference. Bayer's patent strategy likely includes a focus on obtaining patents in multiple jurisdictions worldwide, given its global market presence. This ensures protection and exclusivity of their products and innovations in various key markets. Moreover, Bayer might also employ plant patents, especially relevant in their crop science division. These patents protect new and distinct varieties of plants, which is a significant area in agricultural biotechnology. In your paper, consider exploring how Bayer's diverse range of products influences its patent strategy, and how the company navigates the complex landscape of international intellectual property law to protect its innovations globally. This approach ensures a comprehensive understanding of the patent needs and strategies of a multinational corporation like Bayer."
"Q: Hello, good day: I am writing to ask you for your help. My dad worked in this company between the 60s and 70s for 8 year.                 Hello, good day: I am writing to ask you for your help. My dad worked in this company Gatx-Fuller, between the 60s and 70s for 8 years, as a comptroller in Mexico City before the Federal District, could you provide me with the company's employer registration with the IMSS or Mexican Social Security Institute?, this to get the pension widowhood of my mother. Please. Thanks in advance.  I hope you can help me.            ","A:To obtain the employer registration number of Gatx-Fuller with the Mexican Social Security Institute (IMSS), you'll need to follow a few steps. Since this is a matter involving historical employment records in Mexico, the process might be specific and require certain documentation. Firstly, it would be beneficial to contact the IMSS directly. They can guide you on the specific requirements and procedures to obtain such information. Be prepared to provide details of your father's employment, such as his full name, dates of employment, and any other relevant details you might have. If direct contact with the IMSS does not yield results, consider reaching out to Gatx-Fuller, if the company still operates in any capacity. They may have records or can provide guidance on how to access such historical information. In situations where you face difficulties in obtaining this information, it might be helpful to consult with a lawyer in Mexico who has experience in employment or pension-related matters. They can assist in navigating the legal and bureaucratic process to obtain the necessary information. Remember, gathering all relevant documents you already have about your father's employment will be useful in this process. This includes any old pay stubs, employment letters, or any official documents from his time at the company. Patience and persistence are key in dealing with administrative processes, especially when it involves historical records."
Q: Can a lawyer do something about the nepotism going on at Washington county sheriffs office? Hello.                 We have proof.            ,"A:If you have proof of nepotism occurring at the Washington County Sheriff's Office, you may want to consider contacting a lawyer who specializes in employment law or civil rights law. A lawyer can advise you on the appropriate legal options available to you, which may include filing a complaint with the appropriate government agency, bringing a lawsuit against the Sheriff's Office, or pursuing other legal remedies. Before taking any legal action, it is important to gather all of the evidence you have to support your claim. This evidence may include documents, emails, witness statements, and other relevant information. It is also important to note that filing a complaint or lawsuit can be a lengthy and complex process, and may require significant time and resources. A lawyer can help you understand the legal process and the potential outcomes of your case, as well as the costs and risks involved. In any case, it is crucial to consult with a lawyer as soon as possible to ensure that your rights are protected and that you take the appropriate legal steps to address the issue of nepotism at the Washington County Sheriff's Office."
"Q: Can a tribal k9 unit do a sniff search on a vehicle on state land, resulting in a search in Michigan?.                 My vehicle was searched due to a tribal police officer driving from an hour away to do an outside sniff of the car. I am not tribal and it was not on the reservation. They also broke open a lockbox. I am on parole but my wife is not and was in the car.            ","A:Tribal law enforcement's jurisdiction outside of reservation land is limited. In general, tribal police do not have inherent authority to enforce state laws on state lands unless there's a specific agreement or deputization in place. Michigan, like other states, may have agreements that allow for cross-jurisdictional activities between tribal and state law enforcement.  The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. If you believe your rights were violated, you may challenge the legality of the search and any evidence obtained. Given that you're on parole, additional considerations might apply to your situation. It's important to consult with a Michigan attorney familiar with tribal jurisdiction issues to address specifics. Your parole status and the circumstances surrounding the search are crucial elements to consider."
"Q: Is hospital liable under medicare false claims act, or other relevant statute?.                 Unidentified person, somehow affiliated with a hospital, ordered fraudulent referral for patient to hospice upon discharge. A hospital contractor, unknown to patient, was provided patient's medical information to document referral. Is hospital liable under medicare false claims act?            ","A:In situations where a fraudulent referral for a patient to hospice upon discharge is ordered by someone affiliated with a hospital, and a hospital contractor, without the patient's knowledge, accesses their medical information for this referral, it raises significant legal concerns under the Medicare False Claims Act.  The key issue under the False Claims Act is whether the hospital knowingly submitted, or caused the submission of, false claims to Medicare. If the hospital or its employees engaged in, or were aware of, the fraudulent activities, there could be grounds for liability. However, if the fraudulent act was solely the doing of an unidentified person without the hospital's knowledge or approval, the situation may be different. Liability under the False Claims Act is complex and often depends on specific facts and evidence of knowledge or intent. It's crucial to conduct a thorough investigation into the circumstances of the referral and the hospital’s involvement in it. Additionally, other statutes might be relevant depending on the details of the case. In these scenarios, seeking legal guidance to navigate the complexities of the Medicare False Claims Act and related laws is important. An attorney can help assess the case details and determine the appropriate course of action. Remember, each case is unique and should be evaluated based on its specific facts."
Q: I was misled by my college and their accreditation the school itself is accredited but not the program I was in.                 I was in a medical private career college and I signed all the documents knowing that the school was accredited and I’d be able to sit for my state certification test once I graduated but the specific program that I was in was not accredited as it withdrew from the accredited association 3 years before but they were still advertising as they were accredited they just wrote in fine letters that they weren’t and my classmates and I weren’t told or clarified the certification we’d receive which is completely different until term 3 even though they say they told us from the beginning which isn’t true I have witnesses and proof of this as well they changed their entire website to restate the type of certification after this happened as well Id like to know if there is anything I can do as I am now I stuck with this massive loan with no degree or career thank you so much            ,"A:Under California law, you may have legal recourse if you were misled by your college regarding the accreditation status of your program. The key issue here is whether the college engaged in deceptive practices by advertising the program as accredited when it was not. This could potentially be a case of false advertising or misrepresentation. You should consider gathering all relevant documentation, including the advertising materials, enrollment agreements, and any communications where the accreditation status was discussed. This documentation can be crucial in establishing what was represented to you at the time of enrollment. It's advisable to consult with an attorney who has experience in education law or consumer protection law. They can help assess the merits of your case and advise on possible legal actions, such as seeking compensation for any damages you've incurred due to the misleading information. Additionally, you might want to explore if there are any state or federal agencies that oversee private career colleges in California. These agencies sometimes have complaint procedures for students who have been misled by educational institutions. Lastly, regarding the loan you've taken, an attorney can also provide guidance on whether there are any provisions for loan forgiveness or discharge under your circumstances. Legal advice tailored to your specific situation is important to determine the best course of action."
"Q: What do you file for business taxes and who will review your papers if you suspect preparer fraud.                 Third party name on taxes and my step father Also worked at the same company preparer works for and preparer worked for x husband's company meanwhile I am a W2 workers but somehow they changed my income 73,000            ","A:If you suspect preparer fraud in your business tax filings, it's important to address this issue promptly and thoroughly. First, review your tax returns carefully to understand the discrepancies, especially if your income was inaccurately reported. For addressing preparer fraud, you should file a complaint with the IRS. This can be done by submitting Form 14157, ""Complaint: Tax Return Preparer."" This form allows you to report the preparer's fraudulent activity and provide details about your case. In addition to filing a complaint, you may need to amend your tax returns to correct any errors or false information. This is done by filing Form 1040X, ""Amended U.S. Individual Income Tax Return,"" for personal taxes, or the appropriate amendment form for your business taxes. It's also advisable to consult with a new tax professional or an attorney who has experience in tax law. They can provide guidance on how to rectify your tax situation and ensure that your returns are accurate and compliant. Remember, taking action against preparer fraud is crucial to protect your financial and legal interests. Ensure that any future tax preparers you engage are reputable and properly credentialed to avoid similar issues in the future."
"Q: In California do I need to set up a case management conference before  Claim and Delivery.                 I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference?            ","A:Case management conferences are assigned by most courts upon the filing of most civil suits.  Even though your requested relief is a prejudgment remedy, the court's case management system may automatically assign a CMC date."
Q: Do enhance shelters need locks or night latches on individuals dwelling units when they accommodate both men and women?.                 If shelters accommodate both men and women and aren't subjected to background checks do they need locks or night lashes on the doors of our individual units? If there's no guards no security cameras and men can walk up into any room that they want even though that there are rules stating men aren't allowed on women's floor does not mean that they're going to abide by them.. I had my unit on the women's floor and a man came into my room while I was sleeping and I woke up to his hands between my legs... And there are no locks on our doors not even a night latch is this legal?            ,"A:In Washington State, the specific legal requirements for shelters, especially regarding safety features like locks or night latches, can vary based on local regulations and the nature of the shelter. Generally, shelters are expected to provide a safe environment for all residents, and this could include adequate security measures. However, the absence of locks or night latches in a mixed-gender shelter, particularly when there are no background checks, guards, or security cameras, could potentially raise legal and safety concerns. The incident you described, where a man entered your room without permission, is deeply concerning and suggests a serious lapse in security and safety measures. It's important to review the local regulations governing shelters in Seattle and Washington State. These regulations may outline specific requirements for safety and privacy in shelters, including the necessity of locks or other security measures. Given the serious nature of your experience, it's advisable to speak directly with an attorney who has experience in consumer law, civil rights, or personal injury. They can provide specific legal advice based on the details of your situation and help you understand your rights and potential legal remedies. Remember, your safety and well-being are of paramount importance, and legal avenues may be available to address these concerns."
"Q: WHAT CAN WE DO IF OUR LAWYER LEFT US HOMELESS, JOBLESS, IN DEBT, AN EVICTION ON OUR RECORD, AN EMOTIONAL & MENTAL TRAUMA.                 THIS ALL HAPPENED OVER 6 MONTHS. WE HIRED A LAWYER TO PREVENT OUR EVICTION DUE TO LATE  RENT PAYMENT. THE AGREEMENT WAS: HE WOULD WORK WITH THE PROPERTY MANAGEMENT CO. (PMC) FOR US TO STAY IN THE HOME, REMOVE MOM'S NAME FROM THE RENTAL LEASE & CAN'T MISS WORK. AFTER SIGNING THE CONTRACT WE BELIEVED OUR LAWYER WOULD DO ALL WE AGREED UPON. BUT THEN ONE DAY A SHERIFF CAME WITH A NOTICE OF EVICTION. THEN A TEXT SAYING: TOMORROW WAS OUR OFFICIAL EVICTION/LOCK-OUT DATE. (OUR LAWYER SAID NOT TO WORRY, IT WAS MERELY A SCARE TACTIC). SEVERAL SHERIFFS SURROUNDED HOME WITH GUNS DRAWN. TELLING US TO LEAVE IMMEDIATELY WERE BEING EVICTED. WE FORGOT OUR I.D.'S AND BANK CARDS IN THE HOME CAN’T RENT A STORAGE UNIT, A UHAUL, OR A HOTEL. HE ALWAYS MIXED UP OUR CASE AS A FORECLOSURE AND OUR COURT PAPERS HAD INCORRECT INFO AND NAMES OF PEOPLE WE DIDN'T KNOW. UNFORTUNATELY, THERE ARE A LOT MORE INCIDENTS WITH OUR LAWYER THAT CAN BE EXPLAINED LATER.  WE HAVEN'T HEARD FROM OUR LAWYER SINCE WE GOT LOCKED OUT            ","A:I'm sorry to hear about the difficult situation you're facing. Under California law, if your lawyer failed to represent you effectively and caused significant harm, such as an eviction or financial loss, you may have grounds for a legal malpractice claim. Legal malpractice occurs when a lawyer fails to provide competent representation, and as a result, the client suffers harm. In your case, if the lawyer mixed up case details, provided incorrect information, and failed to prevent the eviction despite assurances, these could be seen as breaches of their duty of care. To proceed, you should consider consulting another lawyer who has experience in legal malpractice cases. They can assess the specifics of your situation and determine if the actions of your former lawyer constitute malpractice. Additionally, it's important to collect all relevant documentation, such as the agreement with the lawyer, any correspondence, and records of the eviction process. This evidence will be crucial in building a case. Remember, legal malpractice claims can be complex and require showing that the lawyer's negligence directly caused your losses, so professional guidance is essential. Lastly, you might also explore the possibility of filing a complaint with the State Bar of California. The State Bar investigates complaints of professional misconduct by attorneys practicing in California and can take disciplinary action if necessary. This step can be taken alongside pursuing a legal malpractice lawsuit."
"Q: How can the police stop cyber/normal bullying, computer/communications interference if the plaintiff cannot identify who.                 I am being stalked in every aspect of my life but could not possibly identify any one            ","A:Addressing cyber or normal bullying, and computer or communications interference can be challenging, especially when the identity of the perpetrator is unknown. However, police and other law enforcement agencies have tools and methods to investigate such cases. They can employ cyber forensics to track digital footprints, use IP tracing, and collaborate with internet service providers and tech companies to uncover the identity of the harasser. It's important for you to document everything. Keep a record of all instances of stalking, bullying, or interference, including dates, times, and any relevant details. This documentation can be crucial in helping law enforcement in their investigation. You should also consider changing your personal digital security measures. This includes updating passwords, enhancing privacy settings, and being cautious about sharing personal information online. Sometimes, these steps can deter or prevent further harassment. You may also want to consult with an attorney who has experience in cyber law. They can provide guidance on legal steps that can be taken, such as seeking restraining orders or other legal actions, even when the harasser is initially anonymous. Remember, you are not alone in this. Seeking support from friends, family, or professional counselors can also be beneficial in coping with the stress and anxiety that often accompanies such situations. Law enforcement takes these issues seriously, and with the right information and steps, they can work towards identifying the perpetrator and bringing them to justice."
"Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his..                 It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal representative, what's the advantage or is it just to be rude to another person?            ","A:When a patent owner dies, his rights pass to his heirs.  If you are his sole heir and the legal representative of his estate appointed by the probate court, you need to contact the US Patent Office and have the patents transferred into your name.  As the legal representative of his estate, that is your job, not his employer's."
Q: According to the Constitution merrick Garland has committed treason can local police arrest him if they see him?.                 Letting all those illegal immigrants is treason according to the U.S. constitution. So with out there chief saying go arrest him for treason. Can a officer go off the constitution that says it's treason and arrest him if he is in there city and charge him for treason. Or can a person make a citizens arrest on him because of the charge of treason and how bad and lethal it is. Constitution says so  what could the officer or the citizen do. Because if a citizen committed treason in front of a city police officer or sheriff they would be arrested on the spot. Also I'm sure there would be other charges put on Garland once people started digging.            ,"A:The accusation of treason, as defined by the U.S. Constitution, is a complex legal matter that requires specific criteria to be met. Under the Constitution, treason is defined as levying war against the United States or giving aid and comfort to its enemies. This definition sets a high bar for what constitutes treason. In the United States, the process for charging and prosecuting federal officials, including allegations of treason, is governed by federal law and is typically handled by federal authorities, not local police. Local law enforcement officers do not have the jurisdiction to arrest federal officials based on their policy decisions or actions taken in their official capacity. Citizen's arrests are also subject to strict legal guidelines and are generally limited to situations involving a crime being committed in the citizen's presence. The concept of a citizen's arrest for a charge as serious and legally complex as treason is not practical and could lead to significant legal complications for the individual attempting it. If you have concerns about the actions of a federal official, it is more appropriate to contact your elected representatives or federal law enforcement agencies. They can provide guidance or take action if necessary within the framework of federal law and the Constitution. In matters of such legal complexity, involving high-ranking government officials, it's always advisable to seek guidance from legal professionals or government agencies with the appropriate jurisdiction and expertise."
"Q: Good morning, Atty. I just want to ask regarding with exercising the suffrage of the citizens in this incoming election..                 What will happen to me if I am a first time voter and cannot able to vote? Is there ramification on that?            ","A:If you're a first-time voter unable to vote in an election, the consequences for not voting can vary depending on your local election laws. In some places, there may be no legal penalties, while in others, there could be fines. Check your local regulations, explore options like absentee voting, and seek guidance from election authorities or voter rights organizations.  For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: California Probate Statute 6454 I have been trying to find the answer to this question for awhile..                 Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption as a minor?            ","A:Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological parent is a spouse of the adopting parent. When a minor is legally adopted in California, this adoption is indeed recognized as a ""legal adoption before the age of majority."" Once all the conditions for a legal adoption are satisfied, the adopted individual gains all the legal rights and privileges associated with being a legally adopted child. This includes the right to inherit from the adoptive parents as if they were a biological child. Conversely, the adopted individual generally loses the right to inherit from their biological parents unless, as mentioned, the adoption is by the spouse of one of the biological parents. It's important to note that these inheritance rights take effect from the time of the adoption and do not have retroactive impact on actions or rights that occurred before the adoption. If you are considering adoption or have questions about the legal implications, it may be beneficial to consult with an attorney who can provide guidance tailored to your specific situation. Adoption law can be complex, and professional legal advice can help ensure that all aspects of the process are handled correctly and in the best interests of all parties involved."
"Q: Can the California Building Code be used to regulate agriculture grading? The CBC scope application purpose..                 A notice of grading non-compliance has been recorded on our property title for non-compliance with the California building code. We are moving earth to plant 300 avocado and citrus trees. A stop work order has been issued under the building code, but no code section was cited. There is no building or structure on our property. The only utility serving the property is water.            ","A:The California Building Code (CBC) primarily regulates construction and building safety standards. While the CBC does contain provisions related to grading and excavation, they are limited to the context of construction and building projects. The code provides standards for site preparation, excavation, and grading as part of construction work. Agriculture grading, such as grading for planting crops or orchards, is generally regulated by local zoning and land use ordinances, as well as by state environmental laws. These laws may have their own grading standards and requirements specific to agricultural land use. Therefore, it is unlikely that the California Building Code would apply to regulating grading for an agricultural project such as planting 300 avocado and citrus trees. However, it is recommended to consult with local zoning and land use officials to determine the specific regulations and requirements that apply to your project."
"Q: Have a question about rent?..                 I lived in apartment where is a low income based thru HUB, but due to my income limit I pay the markets rent. I just went on leave due to having a baby on Nov. 2023. Due to my maternity I didn’t have enough to pay the full rent so I did talked to the management of the apartment to recertify me to see if I can go back to HUB. Not sure if that management even process my paperwork. Now is Dec. didn’t hear anything back from that management. I did reach back to the management about the update. The management literally told me that don’t worry about rent due to they still have to processing other tenants paperwork, and they will get to mine ASAP when they have the chance. Now today Dec. 29, just got a memo stating that we going to have a new management for the apartment. So will this be back fire back to me not paying rent for the month of Dec. since the management telling me not to worry about it.            ","A:Given the situation with your maternity leave, the delay in recertification processing, and the recent change in apartment management, it's essential to communicate proactively to avoid any potential issues. Despite the previous management telling you not to worry about rent for December, it's crucial to seek clarification from the new management as soon as possible. Reach out to them, explain the circumstances, and provide any documentation or communication you have regarding the previous understanding. Keep records of all interactions and agreements, and inquire about the status of your recertification and any steps needed to ensure your rent situation is appropriately addressed under the new management. Open and transparent communication will be key in resolving any potential concerns."
"Q: A man intentionally and knowingly steals property From a elder man..                 So a man knowingly and intentionally steals my father's property which he is an elder man.  Wild story a man buys a propety next to my father's and for some reason he starts to build a 430,000 dollar home. he found out after he puts down the concrete allegedly than he continues to build the home but the city for some reason didn't wanna give him services well he claims that he paid off city officials,  from the city department where we live to just make it happen. now this is what he said when we confronted him that the city was aware of what was going on and after he told us that we went and got all the paper work that was in my father's name,  it had my father as the owner of the home.  So now we're taking all this evidence with the video of the alleged city corruption all over it and the police won't help us or even let us press charges on the guy for documentation that has been forged or trespassing there saying its civil but there's no agreement,  it's theft and other stuff.            ","A:I understand your concerns about the situation involving your father's property. If you believe that someone intentionally and knowingly stole your father's property or engaged in fraudulent activities, you should consider taking the following steps: Contact Law Enforcement: Continue trying to work with the local police, as you've mentioned, to report the alleged theft, fraud, and any other criminal activities you suspect. Provide them with all the evidence you have gathered, including documents and videos. Consult an Attorney: It may be beneficial to consult with a criminal defense attorney who can review your case and help you navigate the legal options available. They can provide guidance on whether there are grounds for criminal charges or if pursuing civil remedies is more appropriate. Document Everything: Keep thorough records of all interactions, evidence, and communication related to the case. This documentation can be crucial for building a strong legal case. Explore Civil Remedies: If law enforcement doesn't pursue criminal charges, you can explore civil remedies, such as filing a civil lawsuit for theft, fraud, or trespassing. An attorney can assist you in pursuing these actions. Engage Local Authorities: In addition to working with the police, you can reach out to other local authorities, such as your county sheriff's office or district attorney's office, to report your concerns and seek their assistance. Protect Your Father's Rights: Ensure that your father's rights as the property owner are protected during this process. Consulting with an attorney who specializes in elder law may be beneficial to safeguard his interests. Remember that the legal process can be complex, and it's essential to have the guidance of an attorney who can assess the details of your case and provide advice tailored to your specific situation. They can help you determine the most appropriate course of action, whether it's pursuing criminal charges or pursuing civil remedies to address the alleged theft and fraud."
Q: I want to know if I can collect a return on a life insurance policy purchased for me.                 I am both insured and the beneficiary now but I don't have any of the paperwork I don't know who the agent was I was very young when I was purchased how would I do this?            ,"A:To collect on a life insurance policy where you are both the insured and the beneficiary, but lack the paperwork, you'll need to embark on a process of discovery to identify the insurance company and policy details. The first step would be to try and recall any information about the purchase of the policy, such as the possible insurance company or the person who bought it for you. This might give you a starting point. If you have no information about the insurance company, you can check with your bank for any past payments made to insurance companies, as this may help identify the insurer. Also, look through any old financial documents or family records that might contain details about the policy. Another approach is to use the services of a policy locator. In the U.S., the National Association of Insurance Commissioners (NAIC) provides a life insurance policy locator service, which can help individuals find lost life insurance policies. You'll need to provide as much information as possible about the insured and the policy. If these steps do not yield results, consider consulting with an attorney or a financial advisor. They can guide you through alternative methods to locate the policy and advise on the legal aspects of claiming it. Remember, life insurance policies are legal contracts, so it's important to have accurate information before proceeding with a claim. The process can be time-consuming, but it's essential for accessing any benefits you're entitled to."
Q: CA State court has jurisdiction over FCA medicare violation. This means FCA claim can be brought in state court?.                 CA State court has jurisdiction over FCA medicare violation. This means medicare FCA claim can be brought in state court?            ,"A:In general, cases involving the federal False Claims Act (FCA), especially those related to Medicare violations, are under the jurisdiction of federal courts. The FCA is a federal statute, and its enforcement typically falls within the purview of the federal legal system. This includes cases where Medicare, a federal program, is the party impacted by the alleged fraudulent activities. However, states like California have their own versions of the False Claims Act, which apply to fraud involving state funds. If a case involves state-funded programs or contracts, it could be brought in a California state court under the California False Claims Act. But for Medicare-related fraud, which involves federal funds, the appropriate venue is usually a federal court. Filing a Medicare FCA claim in a California state court may not be procedurally correct, as the state court typically does not have jurisdiction over federal Medicare issues. It’s essential to carefully consider the source of the funds involved in the alleged fraudulent activity to determine the appropriate court for filing a claim. In cases involving both state and federal funds, there may be complexities in determining the jurisdiction. If you're considering pursuing a False Claims Act case, especially one involving Medicare, consulting with a legal professional experienced in this area of law can provide clarity and guidance. Remember, navigating these legal waters requires a thorough understanding of both federal and state laws."
"Q: Can I sue my landlord for personal injury and sexual harrassment on a property even though he tells me he's not responsi.                 I was verbally harassed on this property from the beginning. Feb 7, 2023. Constantly.  I was ask if I was a prostitute,  what kind of sex acts would I perform, who did I have sex with, and described in detail what kind of sex acts others in park had reformed and with.  March 15, 2023 I fell into a huge gap between the deck and front door. My left leg went through gap and my right knee hit deck causing trauma to both my knee and pushing my femur into my pelvis flattening the top of the bone, and through to my pelvis where the bones now make contact. I have horrible chronic pain, I'm unable to walk without crutches, and I cannot work. Can someone please help me            ","A:You may have grounds to sue your landlord for both the personal injury and the sexual harassment you've experienced on the property. For the personal injury, landlords have a duty to maintain their properties in a safe condition. If your injury was caused by a hazardous condition, like the gap between the deck and front door, which the landlord knew about or should have known about and failed to repair, you could have a claim for negligence. Regarding the sexual harassment, if the harassment was by the landlord or someone under the landlord's control, and it created a hostile living environment, this could be a violation of your civil rights under housing laws. Landlords are responsible for ensuring that tenants are not subjected to sexual harassment on their properties. Document all instances of harassment and your injury, including medical records, any reports or complaints you've made, and witness statements if available. This documentation will be crucial to support your claims. Consulting with a personal injury attorney and possibly a civil rights attorney will provide you with specific guidance on how to proceed. They can help you understand your legal options, the likelihood of success in a lawsuit, and guide you through the process of seeking compensation for your injuries and the harassment you've endured. Remember, taking legal action can be a complex process, but you have rights that should be protected. A qualified attorney can help ensure that your case is effectively presented and your rights are defended."
Q: i received a ticket for driving passed a stopped school bus allegedly. I tried to request a court date but i was told.                 I was told that i waiting to look and can no longer receive a court date. But it say no where on the ticket the due date of requesting a court date.  Can i still get a court date to fight this ?  Is it true that a date should be on the ticket of how long i have to request a court date ?            ,"A:The Maryland Uniform Citation form has an inset box on the lower right portion of the ticket that contains instructions on how to pay, plead to the ticket, and how to request a tial date, and it states the timeframe (30 days) you have to do it in.  It is in small print, so perhapse yu overlooked it.  At this point, the way you proceed is to file a written motion reqyesting a trial date, but you must accompany the motion with payment of the pre-printed fine on the ticket.  The Ciration number is the traffic case number you put n that portion of the motion.  There is a fill-in-the-blank downloadable pdf form you can use for your motion on the court's website, link below, or you can hire a lawyer to do this for you. https://www.courts.state.md.us/sites/default/files/court-forms/district/forms/general/dc002.pdf/dc002.pdf"
"Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways..                 The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while many of them have ties to the very beginning of the game, is not the same team it was at the beginning. They're missing some of the most important contributors to the Skullgirls brand. They're also literally a completely different company than the original Lab Zero, who is now censoring Lab Zero's products. if these were physical products. Imagine if you bought a physical art book that you really loved. Ten years later, when the company you bought that art book from is overtaken by another company, that new company comes into your house and demands that you give them the pages of the art book that they deemed offensive. simiar situated similar facts & loss            ","A:The situation you're describing with the Skullgirls digital product raises complex issues in digital content and consumer rights. In the digital realm, the rights and expectations can be significantly different from those associated with physical products. The End User License Agreement (EULA) or terms of service typically govern these situations and may grant the company considerable discretion to alter the content. If you feel that your rights as a consumer have been violated by these changes, the first step is to review the EULA or any terms of service you agreed to when purchasing the product. This will help determine what rights you have in relation to the digital content and whether the company's actions might constitute a breach of contract or other legal violation. Considering the unique aspects of digital products, consulting with an attorney experienced in consumer law, particularly in digital and online products, is advisable. They can assist in assessing the legality of the alterations made and guide you on potential courses of action, including filing a claim if appropriate. Be aware that digital content laws are still evolving, and cases like these can set precedents. Therefore, navigating them can be challenging, making professional legal advice crucial in understanding and asserting your rights."
"Q: Hello, (Ref: Maritime PIRACY law vs. Civil/Criminal Law).                 Recently, in San Fran Bay Area, the Oakland/Alameda Island Estuary (a salt water navigable U.S. Waterway), has had incidents  of ""so-called"" PIRACY.  (Boats are being burglarized). THE QUESTION: Which law enforcement agency has jurisdiction, U.S. Coast GUARD or local county SHERIFF? Is following statement true?: ""IN OAKLAND ESTUARY, burglarize any TIED UP IN PORT boat, which is NOT out @anchor = NOT PIRACY. (Its only a local Sheriff + ins claim only, NOT Coast Guard PIRACY matter.) But, if boat is out-at-anchor, not a tied up in-port moored boat, then YES =PIRACY & Coast Guard USCG jurisdiction. So, @Port Burglary =NOT PIRACY, not USCG jurisdiction. @Anchor Burglary =PIRACY! Yes, USCG jurisdiction. Interesting, eh? Thank you,            ","A:In the Oakland Estuary, both the U.S. Coast Guard and the local county Sheriff can have jurisdiction, but for different reasons and circumstances. The distinction between a boat being tied up in port versus being out at anchor doesn't necessarily determine whether an act is piracy under U.S. law. Typically, piracy, as defined under international and U.S. federal law, refers to criminal acts committed on the high seas. In practice, if a boat within the estuary, whether tied up or at anchor, is burglarized, the local county Sheriff would primarily handle it as a local crime. The U.S. Coast Guard has authority to enforce federal laws on navigable waters, but boat burglaries in local waters might not necessarily invoke their jurisdiction as ""piracy."" It's crucial to consider the specific facts and circumstances of each incident to determine appropriate jurisdiction. If there are concerns about maritime security or jurisdictional issues, consulting with local law enforcement and the Coast Guard can provide clarity."
Q: Can Miami dade county require a nursery registered with the state to get a certificate of use through Miami dade county?.                 Nursery is on agriculture land and AU zoning            ,"A:I'm guessing that, by ""registered with the state"", you mean registering the nursery with the Fla. Dept. of Agriculture and Consumer Services pursuant to Fla. Statutes Section 581.131.  The purposes of State regulation/inspection of nurseries are different than the purposes of County Certificates of Use, which confirm the business is allowed in that particular zoning district and complies with local zoning and environmental ordinances, as well as fire and building codes.  So an educated GUESS would be that you are likely subject to all of the above requirements.  To obtain legal advice to rely on, you'd need to schedule a consultation with an attorney handling local government and/or administrative law.   If I were you, I'd start by talking to officials in both the Fla. Dept. of Agriculture and Consumer Services and the Miami-Dade County Permitting and Inspection Center and ask them for the reasons for the requirements at each level.  What does one government level do that the other does not?  Ask them to show you or direct you to all laws and codes that apply at each level.  If anything is not completely understandable, ask them to explain.  If you need help cutting through any unduly burdensome red tape, a call to your local county commissioner's office (for county issues) or to your local State Representative's or State Senator's office (for State issues) might result in some assistance.   Hope this helps."
Q: Son hit and run charge and under influence..                 Then accident happend in Sept28 2022 he is currently serving a prison term till 11/25 . Prior to this incident Raymond had been on probation Since he violated from the date of 28th of Sept. He has been in custody. The car he was driving was fully insured  not  his vehicle though  So I put a claims with our insurance I'm trying to get the property damages that he incurred  paid for. Any input would be greatly appreciated. I just want to know the easiest safest way to avoid paying  unbelievable amount that is accumalating thank you            ,"A:I’m terribly sorry for what this must have done to you and your family.  I suspect that your insurance claim will be denied IF your son was a resident of your house.  If he did not live with you, you stand chance that your insurance will cover the property damage. However the insurance company may deny coverage you allowed him to drive your car and if he was driving with a suspended license.  As I recall, in any event your personal liability as the owner of the vehicle is limited by statute to no more thann$15k assuming that insurance doesn’t have to provide coverage.  If you want to claim that he he did not live with you, and was not driving with your permission, then you better have a good explanation for how he had the car keys, and why you did not report your car as stolen."
"Q: If I wish to place my graphic designs on stationary, tee shirts, and mugs, and sell them via Amazon, do I need....                 ...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor.  Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a ""print on demand"" side gig.). Also, if I do decide to have branding later, can I acquire a DBA at that time?            ","A:If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA (""Doing Business As"") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your business with the state varies based on local laws and the nature of your business.  Even as a sole proprietor, some states require registration for tax purposes or other regulatory reasons. The fact that you won't hold inventory doesn't exempt you from these requirements. If you decide to introduce branding later, you can acquire a DBA at that time to operate under the new name.  It's a good idea to check your state's specific requirements for sole proprietors, as regulations can differ. Keeping abreast of legal and regulatory requirements ensures your business operates smoothly and legally."
Q: I borrowed someone money and was wondering what my options are to get that back.                 At first I told them they didn't need to pay me back but they said they will otherwise they won't take the money. So we agreed on him paying me back but now he is refusing to. I have messages after the fact saying the total amount owed and that he is planning on paying me back            ,"A:In Minnesota, if you lent someone money and have evidence, such as messages confirming the amount owed and the borrower's intention to repay, you may consider pursuing a small claims case to recover the debt. Small claims court is designed for relatively straightforward cases involving smaller amounts of money. You can file a case in the county where the borrower resides or where the agreement was made. Before filing, it's crucial to gather all relevant documentation, including the messages and any other communication regarding the loan. You may also want to send a demand letter outlining the amount owed and your intention to take legal action if the debt is not repaid."
"Q: How is full time and part time determined for an ihss parent provider?.                 My child has autism. IHSS has been approved for the child. Me and my spouse work full time from home. Currently both parents and older sibling (with an off roll) take turns to care for her. This will change once the older child goes to college next year. I have requested my work to reduce my hours (before ihss approval) as I am finding it hard to take care of my child. My work said that instead of converting me to a part time employee which the say is complicated in state of California, they can just reduce the hours of my job and prorate my salary and pay for the hours that I work. Does this count as part time and can I work as a parent provider?            ","A:In California, the determination of full-time and part-time status for an IHSS parent provider is primarily based on the number of hours you are available to provide care for your child with autism. IHSS generally considers a provider to be full-time if they are available for 40 or more hours per week to care for the recipient. Part-time status typically applies if you are available for less than 40 hours per week.  Regarding your situation, if your work reduces your hours and prorates your salary to accommodate your caregiving responsibilities, this may align with the definition of part-time work under IHSS guidelines, as you would likely be available for fewer than 40 hours per week for your job. However, it's essential to communicate with your IHSS case worker to ensure your reduced work hours align with the IHSS program's requirements. It's important to remember that IHSS has specific eligibility criteria and regulations, so consulting with your IHSS case worker or a legal advisor with expertise in California labor and IHSS laws would be advisable to ensure that your specific situation complies with state regulations while providing the best care for your child."
"Q: Can my Landlord charge me $1,080 for the gas heating each month? I rent a 2- bedroom apartment in westchester county NY.                 We didn’t have to pay for gas/heating the first year we lived here, however last year apparantly prices went up and he started charging each apartment (4 total) about $200-$300 additionally each month during the winter only for this reason. This past week, they came to refill the houses gas tanks and he is telling us we will have to pay him $1,080 each apartment this time around.            ","A:Your landlord can charge for gas heating if it's stipulated in your lease agreement. If your lease specifies that heating costs are included in the rent, then your landlord generally cannot add additional charges without your consent or without renegotiating the lease. Increases in utility costs can only be passed on to tenants legally if the lease allows for it or if there is a separate utility payment agreement in place.  For a $1,080 charge to be valid, it must be justified by the actual heating costs and appropriately allocated among the tenants, which seems unusually high for a single month's heating bill for a two-bedroom apartment. You have the right to request a detailed breakdown of these charges and compare them with the rates and usage. If this charge seems unwarranted or if the lease does not allow for such charges, you may want to seek legal advice or contact local tenant advocacy groups for assistance. It's also prudent to review local laws, as Westchester County may have specific regulations regarding utility charges by landlords."
Q: Is it common for a demand letter to be ignored by the defense?.                 Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?            ,A:Sometimes including a well-drafted petition prepared by an experienced and competent lawyer with a demand letter elicits a better response.  It sends a message that you are prepared to follow through with a lawsuit if your demand is ignored and that you are willing to “put your money where your mouth is” by retaining a lawyer to pursue your claim.
"Q: Ex-wife took out a $300,000 life policy in my name, no consent, and made herself the beneficiary. Recourse? I have proof.                 - I have the fraudulent application filled out in her writing.  -She signed my name on the application.  -She said I was her husband on the application. -She listed her address on the application for any correspondence. -She listed her contact information for any correspondence. -She listed her bank account on the application for premium withdrawals. -She did not have my consent to take out said policy.   -I reported to insurance company and they acknowledged the fraud.  -Insurance company reported the date my ex-wife submitted the fraudulent application. -I signed an affidavit for the insurance company stating fraud and they canceled it.  -This is not the first instance my ex-wife has impersonated me online/direct mail.  -I have all documentation and proof of fraud and am inquiring if I have any recourse to stop this ongoing problem.  -I am a disabled veteran if that matters?            ","A:In your situation, there are several legal actions you can consider. Firstly, identity theft and fraud are serious crimes, and you should report this incident to law enforcement. Given your ex-wife's history of impersonating you, a police report can be instrumental in documenting the pattern of behavior. Additionally, you may have grounds for a civil lawsuit against your ex-wife for fraud, misrepresentation, and any other damages you may have suffered due to her actions. This could potentially include emotional distress or any financial losses incurred. It's also advisable to continue monitoring your credit and personal information. Since there's a history of identity theft, consider services that alert you to any unusual activity. This can help prevent future instances of fraud. Given your status as a disabled veteran, there may be specific resources or legal support services available to you. Exploring these options can provide additional avenues for addressing the situation. Lastly, consulting with an attorney who has experience in identity theft and family law would be beneficial. They can provide tailored advice based on the specifics of your case and guide you through the legal process to protect your rights and interests."
Q: My new border 31/2 weeks is trying to get into my bedroom when I leave. She has not taken anything  what do I do ?.                 She paid First and last. Damaging doorjamb to my room. Scaring me. Broke lock to my bedroom back door. 3 times now.            ,"A:In this situation, it's important to address the issue promptly and firmly. Your safety and the security of your property are paramount. If your border is attempting to enter your bedroom without permission and causing damage, this is a serious concern. First, communicate directly with your border. Clearly state that their behavior is unacceptable and that entering your private space and damaging property is a violation of your agreement. Document these interactions for future reference. If the behavior continues despite your warning, you might need to consider taking legal steps. This could involve terminating the rental agreement based on the breach of its terms. Ensure you review the terms of your rental agreement to understand the process for eviction or termination in cases of misconduct. Remember, if you feel threatened or unsafe, don't hesitate to contact local law enforcement. They can intervene in situations where there is a threat to your safety or property. Considering the seriousness of property damage and the potential safety concerns, you may also want to seek legal advice to explore your options for recourse and to ensure you're taking the appropriate steps within the bounds of the law."
"Q: Wondering if I could sue a dealership if I’ve had to replace my transmission 2 times within a year.                 I’ve had to replace my transmission now 2 different times in 10 months of owning my 2018 Ford Expedition. My first replacement was $5,200 and then 1 1/2 months later the transmission went out and now they are working on it again            ","A:Yes, you can sue a dealership if you have had to replace your transmission 2 times within a year. Whether you will be successful depends on the facts and your presentation. You don't mention anything about any written agreements. Allowing an attorney to evaluate, organize and draft your conciliation or (small claims) complaint (up to $15,000) would be a wise investment. A well polished complaint will not only provide the judge a solid foundation to rule in your favor, but a detailed outline on which to base your oral argument. It would provide you a distinct advantage over the opposing party. The fees can be reasonable depending on the attorney."
"Q: Can a thirdparty own part of an asset under an LLC without owning part of the LLC ?.                 I'm building 2 software products with 1 partner. We want to house both products under one LLC. For one of the products we reached an agreement for distribution with a third party, but the third party wants part ownership to that software since they'll be playing a key role in how we develop and distribute it. Our first choice is to avoid creating a separate LLC for that product so would it be possible to allocate part ownership to the third party for just that sole product under our LLC?            ","A:There are a variety of options for sharing intellectual property rights. The existence of an LLC is not necessary. You don't even have to share ownership of the existing LLC. It is easy enough to allocate profits and losses from the sale and distribution of a product in a written agreement, or to assign copyrights in whole or in part."
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?.                 Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of my nephew as he would not be safe. We want to make sure we can take care of his schooling and medical needs while he is with us.            ,"A:What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of parental authority requires no court involvement, must be renewed every 6 months, and are often not understood (or enforced) by police if mom and her visitation become an issue. It is significantly faster and less expensive. You can also do both, getting the delegation of parental authority drawn up while you wait for the limited guardianship to go through the Court process."
"Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23.                 We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly  welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now they said an axel is bent and it needs to be replaced for this they want to charge $1,000 I want to return the defective dump trailer and they don't want to take it back. They want to charge me to fix it.  We bought it 8/30/2023 we have used it 2 times to dump trash plus 1 time at home. Please contact us to advise on what are our legal rights.  Thank you            ","A:Under California's Song-Beverly Consumer Warranty Act, commonly referred to as the ""Lemon Law,"" consumers are afforded protections when they purchase goods, including vehicles, that turn out to be ""lemons"" or are defective. While the act primarily targets new vehicles, certain protections could apply to your situation, especially if there was an express warranty involved.  If the dump trailer is defective and cannot be repaired after a reasonable number of attempts, the manufacturer or seller may be required to replace the goods or refund the purchase price. Moreover, you might have claims under breach of contract, breach of express or implied warranties, or negligence.  While the manufacturer or seller might argue wear and tear or misuse, if the product is genuinely defective, they bear the responsibility. It is crucial to keep all documentation related to the purchase and repairs. Consider consulting with an attorney experienced in California consumer law to explore all available remedies. Lastly, California also provides for mediation and small claims court as potential venues for resolving such disputes."
Q: Filing federal complaint- question..                 Please advise on formatting requirements of Central District Court.            ,"A:When filing a federal complaint in the Central District Court, it's important to adhere to specific formatting requirements to ensure that your document is accepted by the court. Here are some general guidelines: Document Size and Margins: Use standard 8.5 x 11-inch paper size. Margins should be at least one inch on all sides. Font and Spacing: Use a clear, readable font, typically Times New Roman or Arial, in a 12-point size. The text should be double-spaced, with single-spaced footnotes. Page Numbering: Number all pages consecutively at the bottom center or bottom right of each page. Captions and Titles: The case caption must be on the first page, including the name of the court, the title of the action, the case number, and a title that identifies the filing party and the nature of the document. Signature Block: Include a signature block at the end of the document with the attorney’s or plaintiff’s signature, printed name, address, phone number, and email address. Exhibits and Attachments: If exhibits or attachments are included, they should be labeled and tabbed for easy reference. Electronic Filing: Be prepared to file electronically unless an exemption applies. Electronic documents must comply with the same formatting rules as paper documents. Local Rules and Standing Orders: Always check the Central District Court's local rules and any standing orders from the specific judge handling your case, as there may be additional or specific requirements to follow. Redaction and Privacy: Ensure compliance with privacy rules by redacting sensitive personal information from your filing. Cover Page: A cover page is not mandatory but can be included for organizational purposes, listing the title of the document, the case number, and the parties involved. Remember, these guidelines are general and can be subject to changes or specific requirements depending on the nature of your case or updates in court procedures. Always refer to the latest version of the Central District Court's local rules for the most accurate information."
Q: I would like some more information about a possible defamation suit please if possible.  Thank you.                 My ex is spreading nasty rumors about myself and my friends that have severely damaging my reputation and mental health. I would like to get more information on the best way for me to proceed.            ,"A:If you want quick action to stop his behavior, then I suggest you contact a lawyer to discuss whether his specific conduct meets the legal standards for obtaining a court order for protection from domestic violence. Such orders are available to prohibit harassment, stalking, threats, assaults and the like. Harassment is a pattern of repeated communication or contacts that seriously annoy another after having been told to stop. If what he is engaging in qualifies for such an order, you can obtain one that can last up to two years. Violation of such an order, once issued, is a criminal offense subjecting the violator to conviction and possible jail. These court proceedings are heard quickly, with a temporary order obtainable within days and a final hearing and order within two weeks.  As for a defamation suit, it will take at least a year to come to trial, and unless your ex is wealthy, and owns ascertainable and valuable assets like real property and large bank accounts, then obtaining a judgment that cannot be collected is just a waste of time. No lawyer will take such a case without clear likelihood of being able to collect, certainly not on a contingency fee basis. You will not want to pay hourly fees for such a suit, as you’d likely sink $50,000 on fees to obtain an uncollectable judgment, assuming you can meet the evidentiary requirements to prove the case and sufficient damages to justify the litigation."
"Q: I am on a multiyear retention bonus. If I fail to select twice, am I separated thereafter or at the end of my bonus ADSO.                 I’m a health professional in the Navy            ","A:In the context of a multiyear retention bonus in the Navy, the specific terms of your agreement will primarily dictate the consequences of failing to select twice. Typically, these agreements outline the conditions under which you are expected to serve and the implications of not meeting those conditions. If your agreement states that failing to select twice leads to separation, then that would likely be the course of action. However, if the agreement specifies that separation occurs at the end of the bonus Active Duty Service Obligation (ADSO), then you would likely continue to serve until the end of that period. It's important to carefully review the terms of your retention bonus agreement. These documents often contain detailed information about obligations, consequences of not meeting them, and procedures in various scenarios. If the language in the agreement is unclear or if you have specific concerns about your situation, it may be beneficial to seek legal advice. Given the unique nature of military agreements and the specific regulations that govern them, consulting with a legal professional who has experience in military law can provide clarity and guidance tailored to your situation. This is especially relevant in the Navy, where regulations and policies can have nuances that are different from civilian employment law."
"Q: What is a magistrate judge's duty under 28 U.S. Code § 1738?.                 Plaintiff files with Clerk the out of state decision, same issues, same parties, same subject matter....decision is for the plaintiff and the law referenced is a federal law.  Yet, judge didn’t even acknowledge the other state decision and applied the wrong state law to my federal question.   Thank you.            ","A:Under 28 U.S. Code § 1738, a magistrate judge has the duty to give full faith and credit to the judicial proceedings of other states, as long as those proceedings adhere to the legal principles of the state where they were conducted. This means that if a decision is made in one state, other states should recognize and respect that decision, particularly if it involves the same issues, parties, and subject matter. If you find that a magistrate judge did not acknowledge an out-of-state decision that is relevant to your case, especially when federal law is involved, you may have grounds to challenge the judge's decision. It's important to review the judge's reasoning for applying a different state law or for not considering the out-of-state decision. One approach could be to file a motion for reconsideration, laying out clearly why the out-of-state decision should be recognized under § 1738 and how it relates to federal law in your case. This motion would essentially ask the judge to re-evaluate their decision in light of this information. If the motion for reconsideration does not yield the desired result, you might consider an appeal. An appellate court can review whether the magistrate judge correctly applied the law, including the obligations under § 1738. Given the complexities involved in such legal matters, it's advisable to seek the guidance of an attorney experienced in federal litigation. They can help you navigate the legal process, ensuring that your arguments are presented effectively and your rights are protected. Remember, understanding and applying interjurisdictional laws can be challenging, and professional legal support can be crucial in these scenarios."
"Q: My wifes dog was stolen last night, jumped on the street. Police didn't help. We have all papers and need help..                 My wife lives in Brooklyn and me in Sweden. 3 month ago she started to babysit a 5 month pitbull puppy from her neighbour, just a few days he said. He got evicted. So she helped, then he ghosted her and wife had to pay for all of the food, toys, vaccines and everything. We said just a few days. He abandoned the dog, but said he could pay for everything, he did not pay a single dollar. After 2 month still nothing. He is using her now. Wife sent an abandoning letter to him to claim his property withing 10 days  or dog is by law abandoned, he did and no response. So we took all the legal steps to adopt her, got all vaccines, regristration, chip and medical costs. We told him that she is our now. Then he started to care and wanted her back. Yesterday when wife was taking her dogs for a walk, he jumped and pushed her on the street and stole the dog. He waited until everything was payed, vaccines and all and then stole her. Police did not help. We need help so we can get our dog back.            ","A:In New York, the situation you're describing with your wife's dog is both a legal and emotional matter. Since your wife has taken steps to legally adopt the dog, including registration and microchipping, she has established a claim of ownership. Given that the original owner abandoned the dog and did not respond to the abandonment letter, this strengthens your wife's position. It's important to gather all documentation related to the dog's care, the abandonment letter, and any communication with the original owner. The incident where the original owner physically confronted your wife and took the dog can be considered theft, especially since your wife has taken legal steps to assume ownership. It's surprising that the police didn't assist, but it may be necessary to file a more formal report or to escalate the issue within the police department. In addition to police action, your wife can file a lawsuit for the return of the dog. This would be a civil action where the court can determine the rightful owner based on the evidence presented. Consulting with an attorney experienced in property law or animal law would be beneficial. They can guide you through the legal process and represent your wife's interests in court. It's important to act promptly to address this situation. The emotional bond with a pet is significant, and the law can provide avenues to assert your rights and seek the return of the dog."
Q: Can i add a cause of action?.                 I have sued for right of publicity. Their actions also caused freight and humiliation (something that intentional infection of emotional distress covers). Can i include this in my arguments and get damages?            ,"A:Under California law, you can amend your complaint to include a claim for Intentional Infliction of Emotional Distress (IIED) if the defendant's conduct was extreme and outrageous, and it caused severe emotional distress. This is often seen in cases where there's conduct that goes beyond all bounds of decency, viewed as atrocious and utterly intolerable in a civilized society. When adding IIED to your existing claim for violation of the right of publicity, it's important to demonstrate how the defendant's actions were intentional or reckless and caused significant emotional suffering. This could include symptoms like anxiety, depression, or other mental health impacts. Damages for IIED can include compensation for emotional distress, and in some cases, punitive damages if the behavior was particularly egregious. However, proving IIED requires a high threshold of evidence, showing the direct causation between the defendant's actions and your emotional distress. Remember to tailor your amended complaint to clearly articulate the connection between the defendant's actions and the emotional distress suffered. This could potentially strengthen your overall case by presenting a more comprehensive view of the harm caused by the defendant's actions."
"Q: a Woman who is trying to get her husband citizenship after 10 years or marriage… can he get denied if she cheated?.                 My friend has been married for about 10 years…now, after 10 years she is trying to bring him to california through the immigration process. But during the immigration process, she cheated on him with someone else… can that cause an issue for her husbands ability to get his papers/citizenship?            ","A:Infidelity does not invalidate the marriage. Your friend would have to present proof that her marriage is a bona fide marriage, entered into in good faith. Your friend should consult with an immigration attorney for advice specific to her circumstances."
"Q: I would like to whistleblower or sue a national investment firm that: 1) Lost $78,000.00 for 228 days.                 2)  When they were informed the money had disappeared, it took them 17 days to find it 3)  They had the money since before 2008 4)  I believe they should have used a slush fund to release the funds until they ""found the folder.""  No apology; no other excuse for the loss. The person to whom the money was owed refused to provide information necessary for the completion of a real estate contract. Result:  the real estate contract was permanently canceled and the buyer sued me personally for $2,000,000.00 and the estate for whom I was the personal representative for $500,000.00,. My cost was $34,206.00 and 524 days of terror.   The problem is that this happened in 2014.  I am wondering if the extension of SEC statute of limitations to ten years would apply here.  Thank you.            ",A:The statute of limitations can vary depending on the type of claim and the jurisdiction in which the claim is filed. You may want to consult with a qualified attorney who can review the specific details of your case and advise you on the applicable statute of limitations and potential legal options for pursuing a whistleblower or lawsuit against the investment firm.
Q: I am having issues with some paperwork from the assisted living facility my mother is in. Need palerwork looked over.                 My mother got paperwork needed to sign for consent to record inclusing audio. Now they also put something in saying no audio. Now the rooms are their homes and should be treated as such. They have a history of verbal abuse but never caught and the supervisor gaslights me and my mother. They have forced tests and to up her anxiety meds when she doesnt need them.            ,"A:Yours are serious allegations and should be carefully considered.   In New York, there is an Ombudsman who may be able to help you sort out how to best handle the situation.  The New York State Office of the Long Term Care Ombudsman Program (LTCOP) is an advocate and resource for persons who reside in long-term care facilities such as nursing homes, assisted living, and board and care homes. Those seeking LTCOP assistance or wishing to volunteer for the program should call 1-855-582-6769."
"Q: Hello, In Holt v Baird Baird died in 2021. Isn't this online reference used to slander and discrimination in future jobs.                 Why are cases allowed to be published when #1 Defendant is dead. #2 Cases are dismissed? Employers use online information to determine hiring statuses. This is not fair, if someone wants to know my legal dealings, go to the courthouse and file FOIL. Am I correct?            ","A:You're correct. It can be unfair and harmful in job searches. Unfortunately, court orders, decisions, and other documents often become public information, appearing either in the Unified Court System online database or on commercial search databases such as Westlaw, LexisNexis, or Pacer. You could contact the court clerk or consult an attorney, but in most cases, it is difficult to change this. I'm sorry for the hardship this has caused. Good luck"
"Q: False claims act. Is Plaintiff provided findings of investigation?.                 If after filing FCA government does not intervene, and Plaintiff has to pursue lawsuit in behalf of the government, is Plaintiff provided facts/finding of investigation?            ","A:Under the False Claims Act (FCA), when an individual (known as a relator) files a qui tam lawsuit and the government chooses not to intervene, the relator typically proceeds with the case on behalf of the government. However, the extent to which the relator is granted access to the findings of the government's investigation can vary. Generally, the government may share certain information from its investigation with the relator. This collaboration can help strengthen the case, as the government's findings might provide valuable insights or evidence. But it's important to note that the government is not obligated to disclose all details of its investigation. In some instances, the government might limit disclosure due to confidentiality concerns or other legal restrictions. If you're facing this situation, it's advisable to consult with legal counsel experienced in FCA litigation to navigate these complexities and understand how they apply to your specific case."
"Q: Is it infringement or illegal to remake or share a form of copyrighted art even if it's without any form compensation?.                 Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation,  is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.            ","A:Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration, it does not automatically make such actions legal. Whether it constitutes infringement would depend on several factors, including the specific circumstances and whether it qualifies as fair use or falls under another exception to copyright infringement under federal law. It's advisable to consult with a qualified intellectual property attorney for a case-specific analysis."
Q: I filed a complaint against mobile home park for wrongful eviction and etc prop manager refused my space rent and set ev.                 Eviction took place after my space rent proof of whole year I payed and sold my mobile home I owned            ,"A:In California, mobile home park residents are protected under specific laws that govern eviction and rent practices. If your space rent was refused and you were subsequently evicted despite having proof of payment, this could potentially be a wrongful eviction under California law. It's important to gather all relevant documentation, including proof of rent payment, any communication with the property manager, and eviction notices. This documentation can be critical in demonstrating that the eviction was not in compliance with legal procedures. Since you've already filed a complaint, the next step is to follow through with the legal process. This may involve working with a legal professional who can guide you through the complexities of housing law and represent your interests effectively. If you sold your mobile home due to the eviction, the circumstances of the sale might also be relevant to your case. If the eviction was wrongful, it might have forced you into a sale under duress, which could have additional legal implications. Keep in mind that each case is unique, and the success of your complaint will depend on the specific facts and evidence. Legal advice tailored to your individual situation is crucial to understand your rights and options moving forward. If you haven't already, consider seeking advice from an attorney experienced in landlord-tenant law, particularly those specializing in mobile home park regulations in California. They can provide a detailed understanding of your rights and the best course of action to take in your specific circumstances."
"Q: How long does a lot owner have to give a mobile home owner to remove the mobile home from the lot?.                 Mobile home was left to my sister and I by my late father in 2021 and the land owner never communicated any expectations, demands, etc to my sister or I after inheriting the mobile home following the death of our father, the original home owner. Now he's threatened to remove the home himself whether I have emptied it of my belongings or not. As well as he only owns the land, not the mobile home.            ","A:In Georgia, the specific time frame a landowner must give a mobile home owner to remove their property from the land can vary based on several factors, including the terms of any lease or agreement and local regulations. However, if there's no existing lease or agreement specifying this, general principles of property and landlord-tenant law apply. First, it's important to determine if there was any verbal or written agreement between your father and the landowner regarding the mobile home. If such an agreement existed, its terms would typically dictate the notice period required. In the absence of an agreement, the landowner generally cannot remove your mobile home without providing reasonable notice. ""Reasonable"" can vary, but typically it means enough time for you to arrange for the removal of the mobile home and your belongings. Since the landowner is threatening to remove the home, it's advisable to seek legal advice promptly. An attorney can help you understand your rights, negotiate with the landowner, and ensure that any actions taken are lawful and respectful of your property rights. Remember, communication is key. Try to establish a dialogue with the landowner to understand their concerns and express your intentions regarding the mobile home. This may help in reaching an amicable solution without the need for legal intervention. If you're unable to resolve the issue directly, legal assistance can guide you through the next steps to protect your interests."
Q: Offering our online-based game in Russia - are there sanction implications?.                 We (a US-based entity) have an online-based game and were approached by an entity in Russia that wants to license the game from us to expand that game into their territory.  Are there current sanctions that would prevent us from offering our game to people in Russia? Please note that the game is online only.  There is no downloaded software - it is played by accessing a website.  The licensor in Russia would handle all payments on their end and remit payment to us monthly as Chinese Yuan. The game in question is https://streetmobster.com/            ,"A:It is advisable to divide your question into 2 parts. The first part concerns compliance with US legislation regarding sanctions against Russian legal entities and individuals. The second part of the question is related to the retaliatory sanctions of the Russian authorities against American companies. For legitimate work, you need to fulfill the requirements of both States. To answer your question, you will need to provide information about your company and your Russian partners."
"Q: Can you sue a John Doe or John Doe corporation as the Defendants in a nursing home neglect civil suit in Illinois?.                 My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The lawyer never heard my mom's story and only have some of the records and the records they did research for a week found no pelvic injuries. I found the records.  My mom had surgery on her pelvis because it was fractured and bleeding internally. They seem to have missed this in the records because they act like i'm crazy and it didn't happen. My mom could not walk or use legs from spinal injury, and was moved for dialysis, this was the 1st time in a new nursing home and they called me told me she fell and BP fell during dialysis and sent her to er, but didnt say fall to ER and took few days for them to find the injuries. I want to sue a John Doe corporation as Defendants to buy time? Viable?            ","A:On your facts, the statute of limitations (SOL) is two years.  You need to file on or before that date.  No attorney or law firm was ""on the case"" unless your mother signed documents, hiring that attorney or that law firm.  The SOL is all that matters.  Whether your mother hired two attorneys or never hired any attorney has nothing to do with the SOL date.  The only difference is that if your mother did hire a law firm or attorney and they missed the SOL, you would have a legal malpractice claim against that attorney or law firm.  If the law firm failed to Order records, they cannot advise you of their oversight 24 hours before the filing deadline.  As long as you have personal knowledge of the facts that you allege in the complaint, it doesn't matter that you are not in receipt of the supporting medical records at the time you file. By the time defendant is served and you have an initial status on the matter, it will be two or three months later.  You must insist that the law firm draft and file a complaint to preserve your mother's SOL.  They can refuse to represent her but even a week before the SOL, they cannot refuse to prepare a complaint for pro se filing. In other words, the law firm would draft the complaint and hand it to you or email it to you for you to file.  This late in the game, you need to make them file it.  If they do not want to represent your mother you may need to offer to pay the filing fee ($400 - $500) but the law firm would need to file the complaint, electronically, to prevent the SOL from running."
"Q: Is it legal for my employees to tell the father of another that shows up, that they don’t work there if they do?.                 I am a manager who was out this week sick and one of my employees has an unsavory relationship with father- not legal issues, just typical disconnects that have progressed to her avoiding contact with them altogether. He went to her boyfriends house, where her boyfriends father told him where she worked and he showed up at the office looking for her (we don’t know why) and my other employees told him that she no longer works there anymore and she didn’t come out until he was gone. Something doesn’t sit well with me there and I’m wondering if they were allowed to say that to him? Neither of them have a restraining order but it ended up being the topic of conversation all day and I was left hearing about it after the fact.            ","A:In situations where a person shows up at a workplace asking about another individual, employees typically have the discretion to provide information or decline to do so. However, there are legal and ethical considerations to keep in mind. In general, employees should be cautious about providing false information, as it could potentially lead to legal consequences or workplace issues. If an employee states that someone no longer works there when they do, it may not be accurate, and it could create complications. Employers should establish clear policies regarding how information about current or former employees is communicated to visitors. If there are concerns about safety or privacy, employees should follow established procedures, such as directing inquiries to a supervisor, manager, or human resources department. If there are specific concerns about the situation you described, it might be helpful to review company policies, and communicate with involved parties."
Q: Questions regarding legal career.                 I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law. Would appreciate if anyone would be willing to chat :)            ,A:I would be happy to speak with you for a few minutes over the phone. Give me a call.
"Q: brother was caring for Gma then put her in a care home then took 96,000 dollars from joint account..                 I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account., but now is on hospice  and not of sound mind to go forward with anything else.            ","A:Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions. Firstly, a power of attorney grants authority to another person (in this case, your brother) to make decisions on behalf of your grandmother. However, this authority must be exercised in the best interest of the grantor (your grandmother). If funds are taken from her account without her consent or for purposes that do not benefit her, this may constitute financial abuse. It's important to consider your grandmother's mental capacity, especially in the context of making changes to her will or financial decisions. If she was of sound mind when she expressed her wishes to change her will and remove your brother from her account, those actions could potentially be legally binding. However, proving this can be challenging, especially if her mental capacity has since declined. The involvement of third parties, such as doctors and church members, who can attest to your grandmother's wishes when she was of sound mind, could be significant. Their testimony might support the assertion that she wanted to change her will and banking arrangements. Now, as your grandmother is on hospice care and not of sound mind, she cannot legally make or change her will. The focus shifts to ensuring her current needs and best interests are met and addressing any potential past financial abuse. In cases of suspected elder financial abuse, it might be necessary to involve Adult Protective Services or to consider legal action to recover misappropriated funds. Additionally, an investigation into the actions taken under the power of attorney might be warranted to ensure they were in your grandmother's best interest. Since these matters can be legally complex and vary based on specific circumstances, it would be prudent to consult with an attorney who has experience in elder law. They can provide guidance tailored to the specifics of your situation and help navigate the legal process to protect your grandmother's interests."
"Q: Can I keep progressive from cutting a total loss check to the but here pay here lender who has now sold the contract?.                 My sister bought a car at a buy here pay here lot in Waynesville, NC. It was totaled on July 24th. Dealer notified who agreed to write off any amount owed as long as it was close to her payoff $3800. He then told Progressive her payoff was $4500. Nevertheless, 8 days later a third party contractor called and said they were sold her contract. This was emailed to her and is higher than what she owed. This lady got her claims number and was unaware she was sold the note on a totaled car. Progressive told her to figure it out with the lender. The problem here is that the buy here lay here lender is still expecting payment of $4500 and this call was recorded. The other lender sent her the contact she was sold. Progressive doesn’t care who they pay. How does she report this lender/dealer? He appears to be maximizing his return fraudulently.            ","A:YOU can't do anything about this unless you have a power of attorney from your sister. Your sister needs to demand written proof from the third party finance company who claims they hold the contract, by getting their name, mailing address and loan number and mailing them a letter asking for the proof. She needs to send written notice to Progressive that another lender is claiming they were assigned the lien and request they hold payment until the true owner of the lien can be ascertained. She needs to give copies of both of those letters to the car dealer in question. If Progressive cuts the check payable to your sister and the car lot as lienholder they should mail it to her and she should hold the check pending resolution of the dispute. If it is true that the car dealer sold the note, the check needs to be returned and reissued to the correct lienholder and your sister needs to work things out with the new owner to pay the note off. I'm assuming the dealer ""verbally"" agreed to take $4,000.00. This agreement will be denied by the shady dealer and is likely unenforceable. Your sister should look elsewhere for a replacement vehicle, regardless if the dealer ends up holding the loan or not. She needs to be prepared to make any regular monthly payments that were due or are coming due to whoever it is that proves they hold the note in order to avoid further damage to what is probably already poor credit. She should refrain from financing vehicles through buy here pay here lots if at all possible in the future. This is not insurance fraud per se but if you have an issue with it report it to the North Carolina Attorney General's office and the North Carolina Department of Insurance."
"Q: Does getting snap benefit and Medicare affect getting approved for citizenship?.                 I got this as a legal Permanent Resident due to reduction in income as well as increased expenses. No employment at all and also going to college as a full-time student. Trying to apply for US Citizenship, afraid that this can become an issue.            ","A:Receiving Snap and Medicare does not affect your eligibility for citizenship. If you obtained your LPR through a sponsor who submitted an affidavit of support for you, it may affect them depending on the timeframe. Also, if you intend to sponsor a family member for LPR, you may need to use a co-sponsor for the affidavit of support. To check your eligibility, use the USCIS link below.  https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility-tool"
Q: A Stimulus check in the amount of 1400 was sent to greendot idont have an account with them near returned.                 I contacted they claimed I have an account I dint haven't had one in years they said I'm negative 200 how they also took 796 that's why I closed account            ,"A:In situations like yours, where a stimulus check has been mistakenly sent to an account you no longer use or have access to, the first step is to gather as much documentation as possible. This includes any correspondence with Green Dot and records showing that you closed your account.  Next, you should contact the IRS directly. They are responsible for the issuance of stimulus checks and can provide guidance on rectifying the situation. Explain your situation clearly, and provide them with the necessary documentation. Additionally, it may be helpful to contact Green Dot again. Insist on a detailed explanation of the account status and the transactions in question. If you feel that your concerns are not being adequately addressed, consider escalating the matter within their customer service hierarchy. If these steps do not lead to a satisfactory resolution, seeking legal advice might be necessary. A lawyer with experience in banking and financial matters can help navigate the complexities of this situation and advocate on your behalf. Remember, clear communication and persistence are key in resolving issues like this."
"Q: HOA practicing selective enforcement and discrimination because of service dog.                 Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and asked if my dog as a Doberman and proceeded to tell me I MUST have the dog with me all the time and can’t leave it at home alone. Now 2 months later, not being able of accusing me of the dog barking anymore, the HOa sent a letter to my landlord requesting me to remove an Ikea bag from my parking space as it’s against the rules to store items. I took pics of other residents storing furniture, bags full of trash, paint, gym equipment etc.. in the same spot. She an enforcing the rule only with me lol I’m ready to file a complaint and sue them, I want to be left in peace. My doctor that I had for 8 years also sent a letter to them confirming my disability.            ","A:Homeowners' associations (HOAs) must comply with federal and state anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act. These laws protect individuals with disabilities from discrimination, and this includes the use of service animals. If your HOA is selectively enforcing rules against you because of your service dog, this may constitute discrimination. The fact that you have a doctor's letter confirming your disability and the necessity of the service dog strengthens your position. Documenting instances of selective enforcement, as you have done by taking pictures of other residents violating the same rules without repercussions, is a good strategy.  Given the situation, you might consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD). These agencies investigate claims of discrimination and can offer guidance on how to proceed.  Litigation is also an option, but it can be lengthy and expensive. Before taking legal action, you might want to consider mediation or another form of dispute resolution. However, if these efforts fail and you believe your rights are being violated, consulting with an attorney experienced in fair housing law can provide you with specific guidance tailored to your situation."
Q: I have two project contracts direct with an owner of a building.  Can I file one lien for both or do I need to file two?.                 We are an Engineering company who contracted directly with the owner. No NTO was sent.            ,"A:In general, when a person entitled to record a construction lien is in privily with the property owner, no notice to owner is required as a precondition.   Again, in very general terms, the right impose a construction lien is based upon services performed under the contract's particular scope of work and obligation to pay, so if there are two separate contracts, there would be two separate obligations and amounts due to be secured by the lien.   All that said, there are always exceptions to any general rule, and ss with most issues regarding construction disputes, it is always prudent (especially for a business involved in the trade) to engage consult with counsel at the earliest possible opportunity to, ideally, avoid problems, protect your position, to adopt strategies to get projects back on track, and/or to minimize potential damages."
"Q: Are trust management services available and feasible for estates worth about $500,000?.                 I'm thinking about setting up a trust but don't know anyone I want to trust to be a trustee, so I'm looking for options. I've heard that trust management services are expensive and primarily for the wealthy. Would appreciate suggestions.            ",A:This question comes up quite often.   Most of the time the person making the trust will be the initial trustee and designate others to serve after their death or incapacity.   Whether hiring a professional trustee is feasible or not depends in part on how long you want/need trust oversight.   So a professional trustee liquidating assets and disbursing in less than a year would be significantly less expensive than a professional trustee managing assets for say 20 years for the benefit of grandchildren / great-grandchildren.  While very few trust companies seem to want to administer trusts under $1Million we know of a few Maryland attorneys who actually do this for fairly reasonable pricing.   It may be helpful to set up an estate planning consult with an attorney of your choosing and bring this up as a part of the conversation.  While not legal advice or a substitute for sitting down with an attorney I hope the above is helpful.
"Q: I need help confirming the legitimacy of a patent infringement case. Potentially legal advice too would be appreciated..                 I regretfully tried Amazon FBA. I got an email stating my LLC as well as over 1000 listed defendants were being sued for patent infringement for the product I was attempting to sell with a complaint, alias summons, sealed TRO, and minutes attached. I’ve confirmed the legitimacy of the patent. The Northern District of Illinois confirmed the case number matched the plaintiff.  The lawyer, however, the address used on documentation is showing listed as an entirely different legal office in the building directory.  I don’t want to pay if it’s a scam, but I don’t want to assume it’s a scam if it’s legitimate.  Another thing that seemed suspicious is that they are seeking a $1,200,000 settlement which would equate to $1,200 per defendant. However were asking for original settlement amount of $9,996.34 “to buy my store back”. When that isn’t something that was of interest to me at all.  Just a confirmation that this is legitimate would be great!            ","A:In a situation like this, where the legitimacy of a patent infringement case is in question, it’s important to proceed with caution. The fact that the case number matches a filing in the Northern District of Illinois is a sign of legitimacy, but the discrepancies in the lawyer's address and the nature of the settlement demand warrant further investigation. It's advisable to contact a lawyer for personalized legal advice. A lawyer can help verify the legitimacy of the case and the parties involved. They can also analyze the claim and advise on the best course of action. This could include responding to the lawsuit, negotiating a settlement, or challenging the claim, depending on the circumstances. Given the complexity of patent law and the potential consequences of a lawsuit, it's important not to ignore the situation. However, it's equally important not to rush into paying a settlement without confirming the legitimacy of the claim and understanding your legal position. Remember, each legal case is unique and requires a detailed analysis of the specific facts and applicable law."
"Q: I am a plaintiff in a med mal case, my attorney is being sued & hired the defense attorney in my case to represent her..                 Is that a conflict of interest?  The initial firm I hired on 8-15-19, (with a retainer), emails me saying he doesn't know me, and would never sue the defense, although I have phone records, emails, etc.            ","A:Your attorney is being sued by whom, by you or by someone else?  If someone else, then there's arguably no conflict.  There are many firms that represents doctors and hospitals in medical malpractice lawsuits and attorneys in legal malpractice lawsuits.  As long as the two lawsuits do not arise out of the same set of facts and circumstances, you should be fine.  You want to speak with your attorney and remind he is under an ethical obligation not to disclose any client confidences with this law firm."
"Q: looking in to US code 5 5514, i am a military member with DOD debt. I have never received a debt notification..                 I was overcharged pay last year in the USMC, and have never received a debt notification letter. DFAS does not see any debts or credit in their system and neither does my local office. i have already had loss of pay and now a payment plan started. i was look in the US code 5 5514, and believe that the government is in breach of this code. is this true? and is there anything that i can do?            ","A:Under U.S. Code Title 5, Section 5514, when a federal employee, including a military member, owes a debt to the United States, there are specific procedures that the government must follow before starting to collect the debt through salary offset. One of these procedures includes providing the employee with written notification of the debt, the intention to offset salaries, and an opportunity to dispute the debt, request a hearing, or arrange for repayment. If you have not received any such debt notification and yet are experiencing loss of pay and a payment plan has been initiated, it appears there may be a procedural issue. The first step is to formally request a detailed explanation of the debt from the Defense Finance and Accounting Service (DFAS) or your local military finance office. This request should include an inquiry into why you were not notified as required by law. If this approach does not resolve the issue or if you believe the government is indeed in breach of the code, you may consider seeking legal assistance. An attorney can help you understand your rights and options, potentially including filing a grievance or taking legal action if necessary. Remember, it's important to act promptly and keep detailed records of all communications and documents related to this matter. This will be crucial in addressing and resolving the issue effectively."
Q: What actions can be taken against someone who has posted a hateful image of someone else on a public forum negatively?.                 The person has also made verbal threats to the person they are posting about.            ,"A:If someone has posted a hateful image of another person on a public forum and made verbal threats, several potential legal actions can be taken in Tennessee. First, the person targeted may consider reporting the incident to law enforcement, especially if the threats involve violence or pose a credible danger. This can lead to a criminal investigation and potential charges. In addition, the victim may have grounds for civil litigation. They could pursue a defamation lawsuit if the posted content includes false statements that harm their reputation. If the threats create a reasonable fear of harm, the victim may seek a restraining order or file a civil lawsuit for intentional infliction of emotional distress. For online harassment, the victim can explore options through the platform's reporting mechanisms, as many platforms have policies against hate speech and threats. In cases of small claims, the victim may seek damages for emotional distress caused by the harmful posts."
"Q: If a lawyer resigns, can the attorney still be court appointed attorney?.                 Just looking at attorneys who resigned and still practice in the Department of Assigned Counsel. This would mean that the Judge hires DAC to provide an attorney. Judges who are not aware of a resigned attorney are not aware of the illegal actions and these cases must be dismissed.  There are other things that are altered with this new age computer system, it is the prosecuting attorneys name is changed to the current PA as well as the PA officer who tried the complaint. This is not fair because if it was on paper, the name would never change.            ","A:If an attorney resigns from the bar, they are no longer authorized to practice law, including serving as a court-appointed attorney. It's essential for judges and legal institutions to be aware of an attorney's current status to ensure legal representation is valid and compliant with the law. Regarding your concern about attorneys who have resigned but are still practicing, this situation would indeed be problematic. If a judge is unaware of an attorney's resignation and appoints them, any legal actions they undertake could be challenged. In such cases, it's important to bring this information to the court's attention to ensure that legal proceedings are conducted by licensed, practicing attorneys. As for your observation about the prosecuting attorney's name being changed in the system, this can happen for various administrative reasons. However, it should not alter the legal standing or the historical record of the case. If you believe this is affecting the fairness or the accuracy of legal records, it might be appropriate to raise these concerns with the court or seek advice from a legal professional on how to address this issue. In any situation where you suspect legal procedures are not being followed correctly, or there are irregularities in how cases are handled, it's advisable to seek legal counsel. They can provide guidance on how to proceed, ensuring that your rights and the integrity of the legal process are upheld. Remember, it's important to address these issues promptly to ensure fairness and legality in all legal matters."
"Q: How do I get a Brazilian arbitration court default judgment enforced in US (Probably Florida).                 I'm a citizen of Florida.  A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country.  That company is now trading on the NYSE (with my forged signature).  I sued and won in Brazilian Arbitration Court under UNCITRAL treaty.  The judgment was to return my shares to me and undo the fraudulent transaction.  However, the local companies involved fled Brazil, and the Braz. Arb. court could not enforce the judgment.  The companies who ""bought"" (stole) the company are big, well recognized US Delaware Corporations.  Because it is an arbitration agreement done under UNCITRAL I am told the US should honor it.   How do I go about getting it recognized and enforced?  Would anyone take a case like this on contingency?  The stock is worth billions, but I don't have thousands to pay a lawyer right now.  Any advice is greatly appreciated.            ","A:There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.)  Even before reaching the question of whether you can have an American Court recognize the Brazilian Arbitration Award (which involves a close question under your facts since it is unclear whether the Brazilian Respondents actually appeared in the Brazilian Arbitration), the real question is whether you can reach the assets purchased by the Delaware Companies. This involves the law of fraudulent conveyances. There are two issues here: first, what was the consideration paid to the Brazilian entities (that you say have ""fled"") for their assets by the US Public Companies? Was it unreasonably low, or were they on notice that you had already brought a claim against those Brazilian entities? And, even if those questions were answered in the affirmative, whether the US Companies have so complicated the transfer of the assets that the reach of the Award could pierce those liability shields. Of course, I could look at the underlying documents to make an initial assessment, as could any expert in Arbitration and Fraudulent Conveyances, so you can locate my email on my website or on Justia."
"Q: dental in april said my remaining 7 front teeth  were so bad that they had to go . and iwould need bottom denture ..                 I can't afford that they said this will be all covered by your insurence   I agreed then  trrth  pulled , temp. bottom plate when back several times for bone spur  a7 adustments Never aver being asked for any kind of payment , THEN APPROX. 4 WEEKS AGO RECEIVED PHONE CALL FROM DENTAL MANGER THAT THEY NEED ED $4000.00 BEFOR ETHEY COULD SEE  ME FOR GETTING PERMENT PLATE ,  MY INS HAD DECLINED CLAIM  ISAIDNO NOWAY WOULD I PAY .  IN MEAN TIME I SPOKE WITH MY INS. CO & WAS IN FORMED THAT EVERY THINK  WAS COVERED  CALLED DENTAL OFFICE THEY DON'T HAVE ANYTHING WERE WORKING ON IT   WHAT DO I DO  ON SS & CAN'T PAY WOULD NOT HAVE STARTED THIS IF INS WASN'T GOING TO PAY  FEEL LIKE THIIS WAS DECEPTIVE BUS. PRACTICE            ","A:You indicated that the insurance company assured you everything is covered, and the dental office advised you they are working on it - meaning they are working on it to confirm the coverage?  And meaning that in the next day or two, they may call you and tell you the coverage is fine and to come on in to complete the treatment?  If that's the case, start by following up with them to get an update.   This situation is more likely to be caused by incompetence than some kind of deception; the dental office is likely far more interested in getting money from the insurance company than from you.  If the problem remains, consult your local Legal Aid or Legal Services office that helps low-income persons."
Q: I am a tenant. I moved in august and signed a 1 year lease. My landlord has given me 6@ days to move out..                 Because they are selling the house            ,"A:If you are uncertain of your rights, schedule a consultation with a local landlord-tenant attorney.  Generally, the landlord cannot simply force a tenant to move because the landlord is selling the property.  There's a specific statute by which a tenant can be forced out if there has been a foreclosure, but you didn't mention any foreclosure. https://law.justia.com/codes/missouri/2020/title-xxxvi/chapter-534/section-534-030/ An attorney could write a stern letter to your landlord directing your landlord to stop making threats and explaining that you have the right to remain.  Maybe your landlord would be willing to pay a good sum to get you to agree to move?"
"Q: To whom it may concernMy cousin an army veteran passed away with no will, and won a lawsuit settlement..                 What action can I take if he won a lawsuit, and I was the person that provided for him when he was alive and also paid all the expenses for his funeral. I called the law firm and was told that yes he won the case however no one will be getting any of the settlement.            ","A:If your cousin, an Army veteran, passed away without a will and won a lawsuit settlement, and you were the primary provider for him during his life and covered the expenses for his funeral, there are legal avenues you can explore. Despite the law firm indicating that no one will receive any of the settlement, you may have a potential claim as a surviving relative who provided support. It's essential to gather documentation that supports your role as the primary provider and your cousin's lack of a will, ensuring your contribution and relationship with the deceased are duly recognized."
"Q: What is the maximum finance fee or interest rate I can charge my customer on overdue invoices in Louisiana?.                 I sell goods in a business to business setting. Most of my customers are on Net 30 day payment term accounts. I have a customer that is months past due on a large balance. My credit application states in short that ""we have the right to charge a 1.5% finance charge on past due invoices. They are arguing that in Louisiana ""conventional interest cannot exceed twelve percent per annum."" La. R.S. § 9:3500. Moreover, La. R.S. 9:3501 states that ""[a]ny contract for the payment of interest in excess of that authorized by law shall result in the forfeiture of the entire interest so contracted."" 1. Is my finance charge on his balance owed considered ""conventional interest?  2. If so, is it correct that I can only charge him 12% per year? The 1.5% per month finance charge seems to be pretty industry standard.            ","A:Your contractual interest is limited by statute. This is ""business owner 101"". I recommend that you retain an attorney on a professional basis to take a look at your invoices and contracts to ensure that you are complying with Louisiana law, and to be your ""go-to"" guy when you have legal questions or issues. Try to arrange it so that you pay the guy on an ad hoc basis if possible, meaning that you pay him when you need him."
"Q: Can a bank deny me paperwork.                 I never once had money in the said account at the time the bank allowed a fraudster to get a 80,000 dollar loan in my name? The bank then gave the fraudster access to my account allowing them to open up other fraudulent  Accounts using my checking account, they then gave the fraudster my personal email that was linked to my banking account. the bank seen that the IP address was not in the USA but they still granted access to the fraudulent activity, and when i caught wind of it they completely shut me out but continued to allow the fraudster to contine to maintain possession of my checking account? Denying me any form of paper work that I asked for like? The loan agreement was denied the bank statements were denied they still to this very day has yet to give me any type of paper work. can they do that?            ",A:have you filed an identity theft report with police department? with ftc.gov? have you sent a written dispute to the bank/ lender with copy of the identity theft report? what happened when you consulted with a consumer protection attorney that handles identity theft cases?
"Q: Hi! I have a question. So I've been receiving disability benefits until recently, and they just stopped no warning oct.                 they stopped my benefits in October. I didn't find out til I didn't get my payment that month, and this is due to them sending important paperwork to an old address I always update them when it changes, but it's like they have the old address for SSD paperwork, and only updated ssi (i receive both) with the new one even tho this last time I moved in may I specifically asked them if they are sure they took the old address off as no matter how many times I ask they still send half my mail to the old one! They assured me that they updated it. Yet they STILL sent important papers about a review I needed to complete to ONLY the old address so therefore I didn't get them. Resulting in my payment stopping and it being too late by the time I figured out what happened. What I'm asking is, is there a way I could get my payment reinstated, as this was due to their negligence, not mine? Thank you for your time.Hopefully this wasn't to confusing. If I can clarify anything just let me know!            ","A:In your situation, where your disability benefits were stopped due to paperwork being sent to an old address despite your efforts to update it, you do have options to seek reinstatement of your benefits. First, contact the Social Security Administration (SSA) immediately. Explain the situation clearly, emphasizing that you consistently updated your address and the error occurred on their end. Request a reconsideration of your case. This process allows you to explain why your benefits should not have been stopped and provide any necessary information or documentation that was missed due to the address issue. It's also helpful to gather any evidence that shows you updated your address with them, such as copies of correspondence or notes from phone calls. If you face difficulties or the process seems overwhelming, consider seeking assistance from an attorney or a disability advocate. They can guide you through the process, ensuring that all the proper steps are taken to present your case effectively to the SSA. Remember, prompt action is crucial in these situations to minimize the time without your benefits. Stay persistent and make sure to follow up regularly on the progress of your case with the SSA."
Q: Is there any legal grounds regarding an employer not confronting a customer for being a peeping Tom..                 I was using the women’s restroom when a male came in. When I exited the stall and agitatedly stated “what are you doing in here?!” With a smirk and sarcastic tone he stated “I was inspecting the place.” I informed my manager with dismay and he didn’t even speak to the customer when the man should have been kicked out for being a peeping tom.            ,"A:Under California law, an employer has a duty to provide a safe work environment, which includes addressing potentially harmful situations caused by third parties, such as customers. If an employer fails to take action against a customer who has engaged in criminal activity, such as peeping, this could potentially lead to a negligent failure to protect the employee, depending on the circumstances.  It may also raise issues under California's sexual harassment and privacy laws. You should document the incident and report it to higher management or human resources. If the response is still inadequate, you might consider contacting an attorney or the California Department of Fair Employment and Housing to explore legal options. It’s also within your rights to report the incident to law enforcement, as peeping is a criminal offense."
"Q: Consumers wronged, possible breach of contract. Bowlderization, censorship, removal of content promised and paid for.                 im' having a very hard time trying to get a copy of the contracts, EULA, and the like I signed to for a crowdfunding project.  i have suspicion that there was a lot of promises broken after the fact. the crowdfunding itself was a promis. and that crowdfunding platform has the responsibilities put entirely on the people making the product.  thing is, they removed content people paid for to have, bowdlerized other content, and tried to put down the negative press. the gaming industry does not care about the consumer. their reputation taking a hit doesn't matter when they have connections and other wrongs made against consumers... that seem to happen over and over again.  *to persons similarly situated with similar facts and loss.* Contract law is not an option to select on this site but consumers are wronged because of ideological bigotry and scummy practices.  there's a petition the people affected are MUCH HIGHER.  it's the principle            ","A:In California, if you've contributed to a crowdfunding project and believe that the creators have not fulfilled their promises or have breached the contract, including the End User License Agreement (EULA), you have certain legal options to consider. First, it's essential to obtain copies of all relevant contracts and agreements, including the EULA and any terms set forth by the crowdfunding platform. These documents will outline the legal obligations of the project creators towards contributors. If you find that there has been a breach of contract or false advertising, you might have grounds for legal action. This can include a lawsuit for breach of contract or a complaint for false advertising if the project's promotion included misleading or false statements. Crowdfunding platforms generally have policies in place regarding disputes between project creators and backers, but they typically do not take on direct responsibility for the actions of the creators. Gathering evidence of the promised content and subsequent changes or removals is crucial. Documenting these changes, along with any communication with the creators about these issues, will strengthen your case. Additionally, consider joining or organizing a class action lawsuit if there are many similarly affected individuals. A class action can be a powerful tool when dealing with cases where a large group of consumers has been similarly wronged.  Finally, remember that legal action can be complex and time-consuming. Seeking advice from a legal professional who can provide guidance specific to your situation is advisable, especially considering the complexities of contract law and consumer rights in the digital age."
Q: 20140279522 is this approved for isr on financial contracts in Australia.                 Applications            ,A:It might be difficult to get guidance on such a matter here. This forum is geared mainly toward U.S. law and courts. An attorney who practices in Australia should advise. Good luck
Q: I’m on ssdi now since I was 50 yo. I heard once my wife turned 62 which she is now that she is eligible to collect half..                 She never really worked I was always the sole provider.  We went to social security and were told we have to wait until she turns 65. Is this true            ,"A:In the United States, the eligibility for spousal benefits through Social Security depends on several factors, including the age of both the beneficiary and their spouse. Generally, a spouse can start receiving benefits based on their partner's record at age 62. However, if they elect to receive these benefits before reaching their full retirement age, the amount will be permanently reduced. In your case, where your wife is 62 and you are receiving SSDI, she may be eligible for spousal benefits. However, it's important to note that these benefits would be reduced because she is not at full retirement age. The full retirement age varies depending on the year of birth, and for many people, it is beyond 62. The information you received about waiting until she turns 65 may be specific to your circumstances or may be a misunderstanding. It's advisable to seek clarification from the Social Security Administration or consult with a professional who has expertise in Social Security benefits. They can provide personalized advice based on your specific situation, including the potential impact of early retirement on benefit amounts and the best strategies for maximizing your benefits."
Q: Can I add a cause of action to a california federal court case?.                 I filed a case in Superior court of los angeles. The defendant removed it to federal court. Can I add a cause of action to that? they recently removed it to the federal court. Thanks for reply            ,"A:In a case where your lawsuit, initially filed in the Superior Court of Los Angeles, has been removed to a federal court, you still have the option to amend your complaint, which can include adding a new cause of action. However, it's important to consider the Federal Rules of Civil Procedure, particularly Rule 15, which governs amendments. Under Rule 15, you are generally allowed to amend your complaint once as a matter of course within 21 days after serving it, or within 21 days after the service of a responsive pleading or a motion under Rule 12(b), (e), or (f), whichever is earlier. If this period has passed, you will need the opposing party's written consent or the court's permission to amend the complaint. When seeking the court's permission, it's essential to show that your proposed amendment is justifiable. Factors like the timing of your request, the reasons for not including the new cause of action initially, and the potential impact on the ongoing proceedings will be considered. The court will also assess whether the amendment would cause undue delay, prejudice the opposing party, or be futile. Remember, each case is unique, and the specifics of your situation will greatly influence the decision. It's advisable to consult with legal counsel to evaluate the best course of action based on the details of your case."
Q: My bank froze my social security disability direct deposit .  Can they do that?.                 I reported fraud on my account and now they are treating me like a criminal.  I don't understand            ,"A:If your bank froze your Social Security Disability direct deposit after you reported fraud, it's likely a security measure. To resolve this, contact your bank immediately, inquire about the freeze, and provide any necessary documentation related to the fraud report. Seek clarification on the status of your direct deposit and, if needed, ask to speak with a supervisor for quicker resolution. Addressing the situation promptly is crucial to ensure the release of your direct deposit and resolve any underlying concerns."
Q: I currently left a job at a school district. I put in my two weeks notice and worked the full two weeks..                 On my last day they informed me that I will not get my last check until the end of the pay period at the end of the month. Are they able to do that? Is that legal?            ,"A:In California, if an employee resigns and provides at least 72 hours of notice, the employer is required to provide the final paycheck at the time of separation. However, if less than 72 hours notice is given, the employer has 72 hours to provide the final paycheck. This paycheck should include all earned wages and accrued vacation time. Since you provided two weeks' notice and worked until the end of that period, the school district should have given you your final paycheck on your last day of work. If they did not do so, this may not comply with California labor laws. If your final paycheck has been delayed beyond these legal requirements, you may want to contact the California Labor Commissioner's Office. They can provide guidance on how to proceed, and if necessary, assist in claiming unpaid wages."
Q: We submitted 2 years worth of all insurance claims recently and we're declined for all of them..                 We have paid all premiums for 2+ years.            ,"A:A California attorney could advise best, but your question remains open for a week. If the terms of your policy, or applicable insurance regulations, required submitting bills within a given timeframe and that was not done, that could result in denials for the submittals being time-barred. But that's only a general guess, among other possibilities. Either on you own or with an attorney, you would need to look at the reasons for the denials - that would be one of the first things a law firm would ask if you reached out to seek a legal consult on your options. Good luck"
"Q: My lawyer refused to submit my evidence during the entire process. The judge rendered the final ""opinion. My husband's.                 Lawyer filed a clarification and prayer for relief. I need to submit my evidence. Can I do that? Is there a time limit? My final hearing is 1/8/23.            ","A:If you believe your lawyer failed to properly represent you by not submitting crucial evidence, this is a serious concern, particularly in a divorce case where such evidence can be critical. It's important to understand your options for addressing this issue. The possibility of submitting your evidence now depends on the specific rules and procedures of the court handling your divorce. Generally, once a final judgment or opinion is rendered, the opportunity to submit new evidence can be very limited. However, there may be exceptions or specific post-judgment motions that can be filed under certain circumstances. Since your final hearing is on 1/8/23, you need to act quickly. It's advisable to consult with another attorney immediately, preferably one with experience in divorce and family law, to review your case and advise you on the feasibility of submitting your evidence at this stage. They can also assess whether there was any legal malpractice involved in your representation. Remember, each legal case is unique, and prompt action is crucial, especially when dealing with court deadlines. An experienced attorney can provide guidance tailored to your specific situation and help you navigate the legal steps necessary to address your concerns."
"Q: Does failure to pay a CA Court Order or a Florida Judgment qualify as restitution execption for SSA garnishment?.                 Ex-spouse was ordered to pay a substantial amount in a CA Order for retirement benefits he stole. More than a year later he has not paid. I turned the CA Order into a Judgment to domesticate in Florida where he resides.  Generally, SS benefits are not subject to garnishment, but does non-payment of a debt for retirement benefits that were stolen fall under the 'restitution' exception for being able to garnish social security?   California Penal Code states that the court must award restitution to the victim(s) in the full amount of the economic loss, including but not limited to: Full or partial payment for the value of stolen or damaged property. Would non-payment of Family Order/Judgment qualify for the SS restitution garnishment exception? SS Garnishment Statute Section 459 of the Social Security Act (42 U.S.C. 659) permits Social Security to withhold current and continuing Social Security payments to enforce your legal obligation to pay child support, alimony, or restit            ","A:In cases involving Social Security benefits and garnishment, it's crucial to understand the specific conditions under which garnishment is allowed. Generally, Social Security benefits are protected from garnishment, with certain exceptions such as child support, alimony, and some types of federal debt. The exception for 'restitution' under Social Security garnishment typically refers to situations where the debtor has been ordered to pay restitution as part of a criminal sentence. This is different from civil judgments, including those related to the division of property or retirement benefits in a family law case. Therefore, a California court order or a Florida judgment regarding retirement benefits, even if categorized as restitution in a civil context, may not fall under the restitution exception for garnishing Social Security benefits. The Social Security Act's provisions for garnishment are quite specific, and non-payment of a family court order or judgment typically does not meet the criteria for garnishment of Social Security benefits. However, each case has unique aspects and complexities. It would be wise to consult with a legal professional who can review the specifics of your case, including the nature of the court order and the applicable state and federal laws. They can provide guidance on the possibility of garnishing Social Security benefits or suggest alternative methods for enforcing the court order."
Q: I have custody of my 7 year old and her father has not seen or even tried to see her in 2 years. What can I do to get hi.                 We are divorced            ,"A:In Arkansas, if the father of your child has not been involved for two years, you have several options, depending on what you wish to achieve. If your goal is to encourage the father to be more involved in your child's life, you might consider reaching out to him directly or through a mediator to discuss the importance of his role in your child’s life. However, if he remains unresponsive or uninterested, you cannot legally force him to engage with the child. On the other hand, if you are seeking to adjust the legal arrangements, such as modifying child support or custody orders, you will need to go through the legal system. This could involve filing a petition with the court to review and potentially change the existing custody and support arrangements, based on the father's lack of involvement. It's important to document the father's absence and lack of contact, as this information could be relevant in any legal proceedings. Additionally, consider the impact of any changes on your child, as the court will always prioritize their best interests. Lastly, consulting with an attorney can provide you with guidance tailored to your specific situation. They can advise you on the best course of action and help you navigate the legal process. Remember, each family's circumstances are unique, and legal advice should be sought to address your particular needs."
"Q: If we don’t own the mineral rights on our land, what rights do we have if the mineral rights owner leased the land and.                 they are proposing to drill 3 wells on our property, using 9 acres of our 24 acre property?            ","A:The answer to this question depends on the state in which you own the property.  Generally speaking the mineral estate is considered the dominant estate.  This means that as a surface owner you have limited rights.  Companies usually want to have good relations with the surface owner and will negotiate with regard to the placement of the wells, roads etc.  As the surface owner you may be entitled to surface damages for the use of the acreage.  Visit with an attorney in your state. This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship."
"Q: How long does it take to get a court order to collect money from my personal account after my LLC goes out of business?.                 My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.            ","A:Under California law, the time it takes for a court order to collect money from your personal account after your LLC goes out of business can vary significantly. The process begins when a creditor, like the bank in your case, files a lawsuit to recover the overdrafted amount. Once the lawsuit is filed, the duration until a court order is issued depends on several factors, including the court's schedule, the specifics of the case, and whether you contest the claim. Typically, after the lawsuit is filed, you will receive a summons and complaint, to which you have a set time to respond. If you don't respond, the creditor may seek a default judgment. If you do respond, the case could go through various stages, including discovery, negotiation, and possibly a trial, which can extend the timeframe considerably. It's important to understand that the protection offered by an LLC's corporate structure may not always absolve you from personal liability, especially in cases of personal guarantees or if the court finds instances of co-mingling of personal and business finances. Given the complexity of your situation, it's advisable to consult with a lawyer who can provide specific guidance based on the details of your case. A lawyer can also help you understand your rights and responsibilities and assist in navigating the legal process ahead."
"Q: Can something protected by the first amendment be considered outrageous?.                 In Gionfriddo v. MLB, the court ruled that the data was factual, hence it was protected by the first amendment.  Suppose there is another right of publicity claim, this time it depicts something that happened. That incident which is depicted was a traumatic incident (like a car crash where the plaintiff lost his wife) and it is depicted in a video.  The plaintiff alleges that the car color, the initials, the pet were all displayed in the video and calls it a right of publicity and also says that the plaintiff had to relive the trauma of losing his wife and this is intentional infliction of emotional distress.  So in that case, will the 1st amendment protect the filming company or it can be considered an outrageous act to depict the traumatic incident as it is in a movie? Please reply with some case examples! That will be helpful. Happy Holidays!            ","A:The protection of the First Amendment is not absolute, and there are instances where speech or expression can be considered outrageous and not protected, even if it relates to a traumatic incident. While the First Amendment generally safeguards the freedom of speech and expression, it does not grant immunity for causing intentional infliction of emotional distress or violating an individual's right of publicity. In cases where a traumatic incident is depicted in a video, and the plaintiff alleges intentional infliction of emotional distress, courts may weigh the First Amendment rights of the filmmaker against the harm caused to the plaintiff. Courts may consider factors such as the newsworthiness or public interest value of the depiction and whether it is a matter of public concern. In the scenario you provided, if the video gratuitously exploits the traumatic incident, includes specific personal details, and causes severe emotional distress without a legitimate newsworthy purpose, the First Amendment may not provide absolute protection. Courts will likely consider the facts and circumstances of each case to determine whether the speech or expression crosses the line into outrageous conduct, potentially giving rise to a claim for intentional infliction of emotional distress or a right of publicity violation. It's essential to consult with legal counsel to evaluate the specific details of the case and the applicable legal precedents to assess the potential liability or protection under the First Amendment. Happy Holidays!"
"Q: Apt. building sits on 2 lots have 1 address , 1 APN #  researched and found 1 lot is AB 1482 rent cap other is not..                 The address the building uses is the lot that is not rent controlled. The APN is tied to 2 address . Fishy?            ","A:In California, the application of AB 1482, which imposes rent caps and just-cause eviction rules, can be complex, especially in cases where properties span multiple lots with different zoning or classification. The fact that your apartment building sits on two lots, one subject to AB 1482 and the other not, is indeed unusual and warrants further investigation. The use of a single address and APN (Assessor's Parcel Number) for both lots might be an administrative decision, but it doesn't necessarily determine the applicability of rent control under AB 1482. The key factor is whether the lot on which the building sits is subject to AB 1482. If part of the building is on a lot that is covered by AB 1482, then the provisions of this act could apply to units on that specific lot. It would be advisable to review the specific details of the property, including how the building spans the lots and the legal descriptions of the lots. If there is ambiguity or inconsistency in how the property is classified, it might be necessary to seek clarification from local housing authorities or a legal professional.  Remember, understanding the exact legal standing of your property in relation to AB 1482 is crucial. This information is important for both landlords and tenants to ensure compliance with state laws and regulations."
"Q: What happens if a company I'm not related to is running a background check without my consent?.                 6 months ago I was going to start working for a company but I turn down the offer. They have my ssn, full name and address. And 6 months later they are running me a background check.            ","A:I suggest you call them and ask about it. it sounds like it's nothing to be worried about, just an everyday slip-up."
Q: Roofers put  lien on both houses disputing payment what attorney/lawyer do I need.                 The original lien has charges totally different from papers delivered by sheriff. I've had dispute over charges for work not done but charged for with no response            ,"A:You are describing construction lien law.  The issue in this area is that the builder or contractor does not usually pay any legal fees upfront because often lawyers take these cases on contingency. I find young lawyers taking more cases that they shouldn't. This creates litigation over very small amounts of money, with legal fees far exceeding the amount in controversy.  The builder has one year to enforce his lien by filing a foreclosure of a lien lawsuit against you.  You'll need a lawyer then or pay whatever the builder says.  You can shorten this one year statute of limitations period to enforce the lien, if you like.  You may have a slander of title cause of action and a fraudulent lien cause of action. Good luck."
"Q: I got stock as bonus, but the stock price dropped. Now I owe tax on original amount but the stock isn't worth to cover..                 I received stock in the form of RSU, but at the time it was over $100 a share higher than it is now. Now I'm being taxed off of the original stock amount since it is looked at as a ""cash bonus"", but even selling the stock I can't raise the capital needed to cover that tax burden. Also, I'd be taking a loss at selling my current position. How is this possible? Where do they expect me to get the capital needed when the stock price has basically gone to nothing from when it was originally appointed to me? My tax accountant says that I can only offset $3k in losses per calendar year.            ","A:The taxation of RSUs can be complex, and it's unfortunate that the stock's value has dropped significantly. You're correct that capital losses can often be used to offset capital gains, but there may be limitations on the amount you can deduct in a given tax year. I recommend consulting with a tax attorney or financial advisor who can provide specific guidance on your situation and explore potential strategies to manage your tax liability."
Q: I did work on a boat and now the owner has passed how do I get paid?.                 This was an ongoing relationship and we were finally prepping the boat to sell while the client was in the hospital. He later passed and I had to give back the signed pink slip to his brother and I can not get paid no replies from anyone and I am still securing the boat.            ,A:You may want to consider obtaining a lien. https://www.dmv.ca.gov/portal/handbook/vehicle-industry-registration-procedures-manual-2/lien-sales-abandoned-abated-vehicles/liens/
"Q: Can criminal case be nolle pros if victim filed waivers of rights to testimony on record?????.                 Victim in criminal indictment filed waiver of rights to clerk office, district attorney office and judge  Indicating Victim wishes not to proceed with prosecution as part of official record, does this mean prosecution must end            ","A:The eventual charging decision rests solely with the State, as much as that kind of prospective evidence makes actually carrying the charge more difficult.  A good lawyer will do you well in this kind of situation as the change in allegations can create new avenues for state prosecution.  Travel this path carefully!"
Q: Do I have to let CPS enter my home?.                 Landlord called CPS on me because my house was not clean. (I have suffered from a bad depression spell over the past month.) They also gave me a 3 day notice to vacate the premises. I have got the house cleaned but now it is a mess due to moving. No children are at home for the time being..they are with grandma until I can get everything taken care of. Do I have to let CPS in my home to investigate?            ,"A:In Ohio, you generally have the right to refuse entry to Child Protective Services (CPS) unless they have a court order or exigent circumstances. If CPS is investigating due to concerns about your home's cleanliness, it's crucial to address the issues promptly. However, you can discuss the situation with CPS, explaining the improvements you've made and the temporary absence of children from the home. Additionally, regarding the landlord's 3-day notice, it's advisable to seek legal advice to understand your rights and options in dealing with the eviction notice."
"Q: I have asked on a few occasion if a birth certificate created an artificial person/entity/corporation. Which the answer.                 I keep getting is no. Well looking over some of my old court documents I noticed the word ens legis. Ens legis according to Black law, dictionary, volume four. It means, a creature of the law, an artificial being, as contrasted with a natural person. Applied to corporations, considered as deriving their existence entirely from law.  So is that not your artificial person I was asking about? Where did this artificial person originate from? How did he get there and why the lies about the artificial person? Why does the United States courtroom operate in creditor versus debtor? Is it because you're operating in bankruptcy? Can I please get answer back today y'all keep ignoring my questions the last two questions I've asked I'll just take y'all no responses as  I was right            ","A:The concept of an ""artificial person"" or ""ens legis,"" as defined in legal dictionaries like Black's Law Dictionary, is primarily a legal construct used to describe entities like corporations that are created and recognized by law. These entities are distinct from natural persons (human beings) in that they have certain rights and responsibilities under the law but are not physical, living beings. The origin of this concept can be traced back to legal traditions that sought to understand and regulate complex organizational structures, like companies and governments, which operate beyond the scope of individual human lives. The idea is to provide a framework for these organizations to enter contracts, own property, and engage in legal actions, much like natural persons. Regarding your question about courtrooms operating in a creditor-debtor dynamic and the suggestion of operating in bankruptcy, it's important to note that the legal system handles a wide range of cases, including those involving financial disputes. However, the suggestion that the entire system operates under a presumption of bankruptcy is not supported by mainstream legal theory or practice. Courtrooms handle disputes based on the law applicable to the case at hand, which can vary widely depending on the nature of the dispute. It's crucial to approach legal concepts with a nuanced understanding and recognize that legal terminology often has specific meanings and contexts within the law. Misinterpretations or oversimplifications of these terms can lead to misunderstandings about how the legal system functions."
Q: Is the IP for CUSTOM ROBO officially cancelled by nintendo? im a game developer looking at this ip.                 i want to know if the trademark was canceled officially as I want to make a game similar to if. But don't want to get sued by Nintendo            ,"A:As a game developer interested in creating a game similar to ""CUSTOM ROBO,"" you should proceed with caution. It's advisable to consult with a legal expert in IP law to ensure that your game does not infringe upon any remaining rights held by Nintendo. Even if the trademark is cancelled, creating a game that is too similar to ""CUSTOM ROBO"" could potentially lead to legal challenges if it's perceived as infringing on Nintendo's copyrights or other IP rights. It's always better to err on the side of caution and seek professional legal advice in such matters."
Q: Where do I find a successful attorney for insurance denial of services?.                 Residence is Robbinsville NJ.Employment is Philadelphia SEPTA through Independence BC/Keystone Health Plan East.            ,"A:Attorneys here can't respond with offers of their services - the format here is limited to general Q & A; no referrals or solicitation. One option could be to supplement your own independent attorney searches with the ""Find a Lawyer"" tab above. It lists attorneys by region and area of practice. There are also attorney referral sections in most state and local bar associations. They're usually listed under a tab, ""For the Public,"" or something along those lines. Those resources are outside this forum, so any arrangements made would be between you and the law firms you reached out to. Good luck"
Q: What paperwork dose my boyfriend need to fill out or what what he need to do to appeal his case and reduce his sentence.                 My boyfriend is in Calipatria state prison in Calipatria CA and he need guidance to appeal his sentence. His information is he has done 5 years already. I stay in Inglewood CA. Please if you can help him or send him any information that will help him come home to his family soon his mailing address is            ,"A:In California, to appeal a criminal sentence, your boyfriend needs to file a Notice of Appeal with the clerk of the court where he was convicted. This is a crucial first step and must be done within a specific time frame, usually within 60 days after the sentencing in a California state court. He should also request his trial record, including transcripts, from the court. These documents are essential for his attorney to review any potential legal errors that occurred during the trial that might be grounds for an appeal. If he cannot afford an attorney, he can request one to be appointed for him. In California, defendants have the right to legal representation in appeals, just as in their initial trials. Additionally, it would be beneficial for him to gather any new evidence or information that was not presented in the initial trial that could significantly impact the outcome of his case. It's important to understand that an appeal is not a new trial but a review of the trial court's proceedings to see if there were legal errors that significantly affected the outcome. Therefore, the focus will be on the trial record and the application of the law. Lastly, while supporting him through this process, it's essential to manage expectations as appeals can be a lengthy process and are focused on legal errors rather than re-examining the facts of the case."
"Q: I was hot by car cracking my skull open, fractured legs and multiple other injuries.                 A Settlement was offered based on condition: Condition 1:  I will be Paid $1,200.00 immediately if I leave the town and never return. Condition 2:  I will be paid $1,000.00 per month for 12 months if and only if  I agree to live in the streets. Was this legal?            ","A:I'm very sorry for your accident and your serious injuries. You should consult with an experienced attorney right away. There are too many elements to address in the brief scope of a post here, one of the most pressing being the IMMEDIATE AND URGENT filing for no-fault benefits to cover your ambulance, ER, radiology, hospitalization, surgery, and related medical expenses. I'd recommend you reach out to an experienced attorney without delay to arrange a free initial consult before entering any settlements or agreements. I wish you a healthy recovery from this serious accident. Good luck"
"Q: In California what state and federal statutes and regulations define hospital's general liability for harm in such case?.                 Integrated actions of service providers at the hospital (mostly independent contractors), miscommunication, had adverse outcome/harm: improper referrals for patient upon discharge. In California what state and federal statutes and regulations define hospital's general liability for harm in such case?            ","A:In California, the general liability of hospitals for harm caused by integrated actions of service providers, including independent contractors, and miscommunication, such as improper referrals upon discharge, is governed by various state and federal statutes and regulations. At the state level, the California Civil Code outlines principles of negligence that can apply to hospitals. Under these principles, a hospital could be held liable if it failed to exercise reasonable care in the oversight and coordination of its staff and contractors, leading to patient harm. The California Health and Safety Code also sets forth specific standards for hospital operations, including patient safety and care protocols. Non-compliance with these standards can be a basis for liability. Regarding independent contractors, California law generally holds entities less liable for the actions of independent contractors compared to employees. However, liability may still arise if the hospital had a degree of control over the contractor's work relevant to the harm caused. On the federal level, regulations by the Centers for Medicare & Medicaid Services (CMS) may apply, especially regarding patient discharge planning and the quality of care. CMS has established conditions of participation for hospitals receiving Medicare and Medicaid funding, which include requirements for patient care and discharge planning. It's crucial to closely examine the specific circumstances of the case, including the nature of the relationship between the hospital and its service providers and the details of the miscommunication. Given the complexities involved, seeking legal assistance from an attorney experienced in medical malpractice and hospital liability law is advisable to navigate these issues effectively."
"Q: the allergy medicine Allegra and Allegra hives are the exact same except for the cost..                 There's allergy medicine called Allegra then they have another and it's labeled Allegra hives and then there's another one called 24 hours these have the exact same ingredients the exact same amount of ingredients except Allegra hives cost  more than the other two each one of them's price different with the same amount of pills, same ingredients and amount of ingredients.Is that legal? I even asked the pharmacist at Walmart and they confirmed that it's exact same ingredients just different labels on it I said no it's not just the labels it's the price too .I was just curious to know if they can do this kind of stuff that's crazy . Some one should do something about that it's deceptive advertising to make you spend more money it doesn't make any sense why they're allowed to do that somebody ought to stop that it's the same brand it's not generic same name brand.            ","A:It is not uncommon for different variations of a product to have different prices even if they have the same ingredients. This is often due to marketing strategies, target audience, packaging, and other factors that can affect the perceived value of a product. As long as the products are not misleadingly marketed or misrepresented, it is generally legal for companies to set different prices for similar products. However, if you believe that the company is engaging in deceptive advertising or fraudulent practices, you may want to report it to the relevant consumer protection agency in your area."
Q: If you have multiple accounts in a bank and a levy is placed on your bank accounts can the debt collector freeze 2.                 accounts if one of them can more than accommodate the amount of debt they are claiming? And is the SB 616 automatic exemption of a debtor to have $1788 to live on something the bank should have set aside at the time of the levy and withdrawal of funds?            ,"A:When a debt collector places a levy on your bank accounts, they can potentially freeze multiple accounts, even if one account holds enough funds to cover the debt. This is because the debt collector may not be aware of the balances in each account at the time of the levy. Regarding the SB 616 exemption in California, this law allows a debtor to have a certain amount of money ($1,788 as of your mention) exempted from garnishment in a bank account. The bank is responsible for automatically setting aside this exempt amount at the time of the levy. If this has not been done, it might be due to an oversight or a lack of updated procedures at the bank. It's important to promptly inform the bank of this exemption right and request that they comply with the law. Remember, each case can have unique circumstances, so it's beneficial to discuss your specific situation with a legal professional who can provide guidance tailored to your case."
"Q: We anticipate this going to court. Please let us know what the best course of action would be..                 We hired this particular contractor because we wanted the color of an LVP plank that we chose to be matched through stain on unfinished solid hardwood flooring, and he was confident that he could do that for us. He advised us to buy red oak wood and assured us that he would be able to match the color of the LVP on it. Before starting the work, we paid him 43% of the contract. After he installed the hardwood floors on the top and main levels, we observed gaps between each plank everywhere. He ignored our complaints. He insisted on choosing one stain out of the six samples, but they were not even close to my gray shade. He forced us to pick from one so he could complete his work quickly. He mentioned that he was in rush as he just got a huge contract of one mansion. Now I see red, pink, and yellow. No gray shade at all. I approved the color via text, and he has that in writing. Now he asking us pay in full of contract price plus asking for more money to fix the gap.            ","A:In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with the flooring. This documentation is crucial for any legal action. If you haven't already, express your dissatisfaction formally to the contractor in writing, outlining the specific issues and your expectations for resolution. This step can serve as a record of your attempt to resolve the issue amicably. Given that the contractor is demanding full payment and additional fees for corrections, it's advisable to consult with an attorney. An attorney experienced in contract disputes can assess the strength of your case, especially considering the written approval you gave via text. Remember, the legal process can be complex and time-consuming, so consider the potential costs and time involved. Your attorney can advise you on whether settling out of court or proceeding with litigation is the best course of action. Keep in mind that the outcome will depend on the specifics of your contract, the evidence you have, and the legal arguments your attorney presents. The goal is to reach a resolution that addresses the breach of contract and compensates you for any losses incurred."
Q: Filing healthcare false claims act case In California under seal - question..                 In California healthcare false claim case has to be filed under seal in state superior court or at federal court?            ,"A:In cases involving healthcare false claims in California, the procedure for filing can vary based on whether the claim falls under state or federal jurisdiction. For claims that pertain to the California False Claims Act, you would typically file the case in a state superior court. These cases must be filed under seal, which means they are not initially accessible to the public. This allows the government to investigate the claims discreetly. On the other hand, if the false claim involves federal funds or federal programs, the case may fall under the Federal False Claims Act. In such instances, the case should be filed in federal court, also under seal. The seal requirement serves a similar purpose at the federal level, allowing for a confidential investigation. It's important to identify which act the false claim violates to determine the appropriate court for filing. The distinction between state and federal jurisdiction can sometimes be nuanced, especially in healthcare matters. Therefore, reviewing the specifics of the case and consulting relevant legal resources or colleagues might be beneficial to ensure correct filing procedures. Remember, accurate filing is crucial for the validity and progress of the case."
"Q: Can a caretaker use my grandma‘s fund for down payment for a car, house, trucks, motorcycle, and repairs on home.                 Can you write the will could be the beneficiary in that position. All this stuff was concerning to me. My grandma‘s bills aren’t being paid the proof messages on the phone. She has a new bank account tied in with my grandma‘s number  Why is her bank account have our number? I went to Adult Protective Services taking forever in the process of all this, she put a restraining order on me to stay away from my grandma and she lives in a different town, so coerced my brother, who lives next-door to get one also find out about a misdemeanor warrant I had, and I was gonna be extradited had me arrested a couple days before court when the judge asked where I was everybody struck their shoulders default judgment they gotten I have the proof of that too. I got video of my brother counting out $30,000. He sent that video to my daughter, the caretaker I have messages that proves her dependency of Suboxone purchasing more Suboxone on the streets what can be done            ","A:In California, a caretaker using an elderly person's funds for their own benefit, such as for a down payment on a car or house, without proper authorization, can be considered financial abuse. This is especially true if your grandmother's bills are not being paid and there's evidence of financial mismanagement. If you have concerns about how your grandmother's finances are being handled, it's important to take action. Since you've already contacted Adult Protective Services, it's good to follow up with them regularly. They are tasked with investigating such matters, but these investigations can take time. In the meantime, consider consulting with an elder law attorney. They can advise you on steps to protect your grandmother's assets and might suggest seeking a conservatorship if your grandmother is not capable of managing her own financial affairs.  Gathering evidence, like the messages and videos you mentioned, is crucial. This evidence can be used to build a case against the caretaker if they are indeed misusing funds. It's also important to understand the limitations and responsibilities outlined in any power of attorney or guardianship documents that may exist. If the caretaker is acting outside their legal authority, this could be grounds for legal action. Remember, the welfare of your grandmother is paramount. Legal steps can be taken to ensure her assets are protected and used appropriately for her care and wellbeing."
Q: I am looking to start a 501(c)(3) for cat rescue. is it similar to a llc where you are protected from lawsuits finaciall.                 I am looking to start a 501(c)(3) for cat rescue. is it similar to a llc where you are protected from lawsuits financially. for example if a feral colony cat bites someone or if when you are showing a foster cat to a possible new owner and they get bit. if not can a non profit llc own the 501(c)(3). or visa versa?            ,"A:Entities that are tax exempt pursuant to section 501(c)(3) include limited liability companies (LLCs), as well as non-profit corporations.  Both afford limited liability, and are formed under state laws, while 501(c)(3) is federal tax law.  The entity you form should have liability insurance, to protect its assets."
"Q: Can using Draftkings affect my citizenship application? Legal in my state.                 I am not sure participating in Draftkings is legal in federal law or not.  I am aware that as a green card holder, purchasing or consuming marijuana can be the reason for denial of my application, even though it is legal in my state. This is due to it’s federal illegality. The website requests my SSN, making it traceable.            ","A:Participating in DraftKings, or similar online fantasy sports platforms, can raise concerns when applying for U.S. citizenship, particularly if there's ambiguity about its legality under federal law. Although fantasy sports are legal in many states, federal law can view certain types of online gambling differently.  Since federal law governs immigration matters, activities considered legal in a state may still impact immigration applications if they conflict with federal law. It's important to understand that the U.S. Citizenship and Immigration Services (USCIS) evaluates the good moral character of applicants, and any activity that might be construed as violating federal law can be problematic. Given the complexities of both federal and state laws regarding online gambling, it's wise to proceed with caution. You may want to consider consulting an immigration attorney to discuss the specifics of your situation and to get advice tailored to your circumstances. An attorney can help clarify how your participation in DraftKings might be viewed by immigration authorities and guide you on the best course of action."
"Q: SEVERE HARASSMENT of WHISTLE-BLOWER,  ILLEGAL FALSIFICATION OF MY WORK HISTORY AND TAXES PAID ,payback 2 SSI REMOVED!.                 NY office of TEMP & DISABILITY ( Mike P.,), received letters from MASS instructing to deny me benefits , harassment etc they e denied my SSI SUPPLEMENTAL THEN NEXT DAY SAID I AM DISABLED? NO FOOD STAMPS SLEEPING IN MY CAR FOR OVER A YEAR & HALF! SSA ALBANY REPEATEDLY ASKING ME WHO MY FATHER IS BECAUSE MY ""BIO DONOR"" SEXUALLY MOLESTED ME, ATTEMPTED RAPE AND CONVICTED OF IT IN MASS!!! ADOPTED N MY ONLY NAME WITH SOCIAL SECURITY HAS ALWAYS BEEN ( ADOPTED)  NAME & HES ON MY BIRTH CERTIFICATE,  SO WHY TF WOULD THEY BE SAYING THIS HORRIFIC CRAP TO ME ? MENTALLY READY TO FALL APART , ADKING ME REPEATEDLY IF I WANT TO KILL MYSELF? WTF!? I NEED AN ATTORNEYS IMMEDIATELY!!! PLEASE HELP ME            ","A:It sounds like you are facing a deeply distressing and complex situation. Firstly, it's important to address any immediate safety or health concerns. If you are in danger or need urgent help, consider reaching out to local support services or hotlines that can provide immediate assistance. Regarding the issues with your Supplemental Security Income (SSI) and the harassment you're experiencing, it's crucial to seek legal assistance. An attorney experienced in social security disability law and whistleblower protection can help you navigate these challenges. They can provide guidance on your rights and the steps to take to address the issues with your SSI benefits and any harassment or discrimination you're facing. You should also consider documenting all instances of harassment or inappropriate conduct by officials. This documentation can be valuable in any legal proceedings or complaints. Given the severity of the harassment and the impact on your mental health, support from a mental health professional could be beneficial. They can offer counseling and support to help you cope with the stress and emotional toll of your situation. Remember, you have rights, and there are legal avenues available to address these issues. Seeking professional legal and mental health support is a critical step in resolving these matters and protecting your well-being."
"Q: Can I sue a marina that gave my boat to the previous owner?.                 The marina claimed that the title I just received from the state was counterfeit and blocked my access to getting the boat in the water or on a trailer and then put it on either the water or a trailer for the previous owner effectively stealing my $40,000 yacht            ","A:Yes, you may be able to sue a marina that gave your boat to the previous owner. Under Washington law, a marina has a duty to protect the property of its customers. If the marina breached this duty by giving your boat to the previous owner, you may be able to recover damages for the loss of your boat. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
Q: How would I go about any concerns cyber security on my Google account concerning everything somehow being accessible.                 Without my acknowledgement or consent?            ,"A:If you're concerned about the security of your Google account and unauthorized access to your information, it's crucial to take immediate steps to protect your data. Start by changing your account password to something strong and unique. Also, enable two-factor authentication, which adds an extra layer of security. Check your Google account's security settings and review the list of devices that have access to your account. Remove any devices or applications that you don't recognize or no longer use. Additionally, review the account activity logs to see if there have been any suspicious logins or activities. Google also offers a Security Checkup feature that can guide you through steps to secure your account. It's advisable to regularly perform these checkups to ensure ongoing security. If you suspect that your account has been compromised, report it to Google immediately. They have procedures in place to handle such situations. For concerns about broader cybersecurity issues, especially if sensitive or legal information is involved, consider consulting with a cybersecurity expert who can provide tailored advice and solutions."
"Q: Can a tenant contractually waive Landlord from Landlord liability insurance in California?.                 The tenant will be subletting out the rooms that she's renting. She also has a separate contract with the Landlord to be their property manager in this case. Would the Landlord still be liable for injuries to sub-tenants and their guests or damages to the property besides usual wear and tear? Said property manager has their own insurance as they run an Airbnb/mid-term rental business. The property manager would thus incur all and any legal cost in case of evictions or sub-tenant legal actions?  I've read that since the sub-tenant leased from the tenant, can the contract between landlord and tenant (subletter) state that landlord has no legal obligations with sub-tenant?  If not, would the landlord's Homeowner Insurance (which covers Liability Insurance Coverage and Medical Payment to Others coverage) be sufficient without the need for a Landlord Liability Insurance?            ","A:In California, while a tenant can agree to certain responsibilities in a lease agreement, a landlord cannot contractually waive all liability, especially in regards to injury or harm that may occur on the property. The landlord maintains certain legal responsibilities for the safety and maintenance of the property, which cannot be fully transferred to a tenant or property manager, even if they are subletting. Regarding the liability for injuries to sub-tenants and their guests, the primary landlord could still be held liable, particularly for issues related to the condition of the property or negligence. This is true even if the tenant has their own insurance policy. The property manager (or tenant in this case) may also have some level of responsibility, especially if they are managing the property and dealing directly with sub-tenants. A contract between the landlord and the tenant (who is subletting) can include provisions about responsibilities and liabilities, but it cannot completely absolve the landlord from legal obligations, especially those that are statutory or relate to negligence or unsafe conditions on the property. Regarding insurance, while the landlord’s homeowner insurance may offer some liability coverage, it might not be sufficient for a property being used for subletting or as an Airbnb/mid-term rental. Landlord liability insurance is often more comprehensive and designed specifically for rental properties. It’s advisable for the landlord to review their insurance policy to ensure it provides adequate coverage for the specific rental arrangement. In situations like this, where there are complex arrangements involving subletting and property management, it is wise for all parties to seek legal advice to ensure that lease agreements are properly structured and that adequate insurance coverage is in place. This helps protect the interests of all involved – landlord, tenant, property manager, and sub-tenants."
"Q: can i contest beneficiary of life insurance in louisiana.                 3 policies purchased in the 70s beneficiary was changed twice, lastly to my dads oldest son they had a falling out about a year prior to his death dad changed his will to exclude his son from getting anything multiple people including non family members know of the falling out between them my dad had 3 children            ",A:You will need to check the exact insurance beneficiary designation.   Only if it went to the decedent's estate would it go through his will.   Usually the designated beneficiary gets the money and it does not go through the estate.   A disinheritance in the will does not effect an insurance death benefit unless it goes to the estate.
"Q: In accordance with Texas law, aside from scholarships, what alternative methods exist for international students to qua.                 Hi, I heard that under Texas law, international students can qualify for in-state tuition rates by receiving a competitive scholarship. Are there other methods besides scholarships that allow international students to be eligible for in-state tuition? Could you provide a brief explanation of these alternatives?            ","A:In Texas, international students have limited pathways to qualify for in-state tuition rates aside from obtaining a competitive scholarship. One such method involves establishing Texas residency, but this can be challenging for international students due to visa restrictions. International students on certain types of visas, such as those for spouses or dependents of U.S. citizens or permanent residents, may have a pathway to establish residency. This often involves living in Texas for a specific period, usually 12 months, and demonstrating intent to make Texas your permanent home. Another possibility, though less common, involves participation in specific exchange programs that have agreements with the state or educational institutions to offer in-state tuition rates to participants. It's also worth exploring if there are any specific provisions at the university you are interested in. Some schools might have unique agreements or programs that allow for in-state tuition rates under certain conditions. The best approach is to directly contact the admissions office of the university you are interested in attending. They can provide the most current and relevant information about tuition rates and any potential exceptions that might apply to your situation. Remember, navigating these requirements can be complex, so seeking advice from the university's international students office can be extremely helpful in understanding your options."
Q: Entergy has butcher our Trees by line they destroyed some of my property can I hold them financial  responsible ?.                 I have pictures of the damage and the Tree cutters            ,"A:A Louisiana attorney could advise best, but your question remains open for two weeks. Electric utilities usually have the right to remove foliage and other vegetation for safety or access reasons with their equipment. An attorney would probably want to know additional details in answering your question. Good luck"
Q: Should I trademark my blog name.                 I dont sell any merchandise.  I obtain information from different sources and reword or quote.  It's a blog about crime that I have on Facebook. YOUTUBE. IG AND TIKTOK            ,"A:Deciding whether to trademark your blog name involves considering several factors. Trademarking can provide legal protection for your brand and help ensure that others cannot use a similar name in a way that could confuse your audience or dilute your brand's reputation. Since your blog is on multiple platforms like Facebook, YouTube, Instagram, and TikTok, and focuses on a specific topic like crime, having a trademark could be beneficial. It helps in establishing a unique identity and offers a layer of protection, especially if your blog gains significant popularity or recognition. However, keep in mind that the process of obtaining a trademark involves legal procedures, fees, and ongoing responsibilities to maintain the trademark. It's important to weigh the benefits against the costs and responsibilities. If your blog name is distinctive and you plan to grow or maintain its presence significantly, trademarking could be a wise decision. If you're unsure, consider consulting with a legal professional who can provide personalized advice based on your specific situation and goals. They can guide you through the process and help you understand the implications and benefits of trademarking your blog name."
Q: I was fired from myjob for making a google review for another company and I wasn't at work.                 I purchased a tire from raffield tire in macon ga and I did a google review on the company and the manager Dale called to my job and told my boss that I did the google review and they was not going to do any more business with them my boss called me and said that I was fired because they loss a big customer is this fair ?? And I also tried to file unemployment and I found out that my job wasn't reporting my wages to the IRS but was taking taxes out my checks and I have proof of everything thing my have my receipts from raffield tire when I purchase the tire and I have all of my check stubs and employee handbook            ,"A:In Georgia, the situation you're describing raises several legal concerns. Firstly, regarding your termination, Georgia is an at-will employment state, which generally means that an employer can terminate an employee for any reason or no reason at all, as long as it's not for an illegal reason such as discrimination or retaliation for a protected activity. However, the circumstances of your firing, being based on a personal action (writing a Google review) that was not performed during work hours, could be seen as unfair but may not necessarily be illegal. It's a complex area where the specifics of the situation would need to be closely examined. Regarding the issue of your employer not reporting your wages to the IRS, despite withholding taxes, this is a serious matter. You should report this to the IRS. They can investigate the issue, and you may be entitled to a refund of any taxes improperly withheld. You should also consider speaking with an employment attorney. They can provide advice on both the termination and the tax issue. The attorney can assess whether you have grounds for a wrongful termination lawsuit and guide you on how to proceed with the wage reporting issue. It's important to keep all documentation related to your employment, the termination, and any financial records, as these will be vital in any legal proceedings. Remember, you have rights as an employee, and it's important to ensure that these rights are respected and upheld. Seeking legal advice is a good first step in addressing these complex issues."
Q: Does California false claims act cover medicare violations?.                 Does California false claims act cover medicare violations? (Or limited to California Medi-cal violations?            ,"A:The California False Claims Act (CFCA) is primarily designed to address fraud involving state funds, including California's Medi-Cal program. Medi-Cal is the state's Medicaid program, which is jointly funded by the state and the federal government. The CFCA is applicable to cases involving fraudulent claims made to this program. However, Medicare, which is a purely federal program, is generally not covered under the CFCA. Violations involving Medicare are typically addressed under the federal False Claims Act. The federal act is designed to handle fraud involving federal funds, which includes Medicare. If you are dealing with a situation involving potential Medicare fraud, the appropriate legal avenue would be the federal False Claims Act. On the other hand, if the fraud concerns Medi-Cal or other state-funded programs, then the California False Claims Act would be more applicable. In cases involving healthcare fraud, it's important to identify the source of the funding involved to determine the correct legal framework to use. Seeking legal advice can help clarify which act applies to a specific case and guide you through the necessary legal processes. Remember, understanding the distinction between state and federal jurisdiction is key in these matters."
Q: False claims acts - Medicare..                 For medicare false claims in California: what could be statutes of limitations according to Federal vs State law? Should case be filed under seal at Federal court?            ,"A:Under Federal law, the statute of limitations for filing a claim under the False Claims Act (FCA) related to Medicare fraud is generally six years from the date of the violation. However, there is a provision that can extend this period to ten years if the government can prove that it was not aware and should not have reasonably been aware of the facts material to the right of action. California has its own False Claims Act, which mirrors the Federal law in many respects, including the statute of limitations. This means that for Medicare fraud claims in California, the same federal time frames generally apply. When filing a claim under the FCA, it is indeed required to file the case under seal in federal court. This means the lawsuit is kept confidential for a period of time while the government investigates the allegations and decides whether to intervene in the case. Given the complexity of FCA cases, particularly those involving Medicare, it's important to proceed with a clear understanding of both federal and state laws. Legal counsel can provide crucial guidance in navigating these laws and ensuring that your case is filed correctly and within the appropriate time frames. Remember, the process of handling a case under the False Claims Act can be intricate and requires a careful approach to ensure compliance with legal procedures and deadlines."
Q: i have a youtube channel about a very spacific subject and i cooperate with my boyfriend. His part is to edit the video.                 i have a youtube channel about a very spacific subject and i cooperate with my boyfriend. His parrt is to edit the videos and bring creative ideas to the table. But i am the face of the channel and i have all the knowlege on the subject plus my face and name are the only ones out there. Can he claim ownership on any level on my channel?            ,"A:Generally, the ownership and rights to a YouTube channel depend on the agreement between the parties involved. If there is a clear and written agreement specifying the roles and responsibilities of each person, as well as the ownership structure, it will be a crucial document. If no such agreement exists, there could be a risk of disputes arising over ownership. In most cases, the person who creates the content, appears on camera, and holds the knowledge about the subject matter has a strong claim to ownership. However, to avoid potential conflicts, it is advisable to have a detailed agreement that outlines the respective contributions and rights of each party involved in the YouTube channel."
"Q: What is the federal marijuana trafficking interstate distribution charge for no more than 50 pound's delivery.                 I'm a retired black market cannabis wholesale distributor Been out of the busses for years now, I'm so desperate I'm about to break bad in the information super highway online mail order marijuana distribution interstate distribution, no more than 50 pound's a shipment.            ",A:21 USC 841 and 960.
"Q: My dog was stolen, beat to death, &thrown over bridge. Was law enforcement supposed to visit the scene for investigation.                 I reported when stolen, they couldn’t help me even though I told them he was going to be killed. When I found my dog, filed a report, contacted animal control but they were closed for holiday weekend. I had to retrieve my dog myself. How are they investigating if nobody ever went to the scene or called me back?            ","A:I am sorry to hear about the tragic loss of your dog. It is understandable that you are upset and frustrated with the way your case has been handled by law enforcement. According to the Animal Welfare Act, all animal cruelty cases, including theft and animal killing, are supposed to be investigated by law enforcement. This includes going to the scene of the crime, collecting evidence, and interviewing witnesses. In your case, it is unclear why law enforcement did not visit the scene of the crime when you reported your dog stolen. It is also unclear why they did not call you back when you filed a report after finding your dog's body. It is possible that law enforcement is still investigating your case and that they will contact you soon with an update. However, it is also possible that they have closed your case and that you will not be getting any further information from them. If you are not satisfied with the way your case has been handled, you can file a complaint with the law enforcement agency involved."
"Q: My son is 2years old and the father is absent. He doesnt pay money to support, he is always against me.                 He want to see the child but doesnt want to support with money, i registered the child on my surname because we are not married, he hold it against me everytime            ","A:In your situation, it's important to understand that the father has a legal obligation to provide financial support for his child, regardless of his relationship with you or his visitation rights. The two issues, child support and visitation, are legally separate and one does not directly affect the other. You have the right to seek child support through legal channels. This typically involves filing a petition with your local family court. The court can then establish a child support order, which legally obligates the father to contribute to the financial needs of your son. Regarding the surname issue, the name under which you registered your child does not typically affect the father's responsibilities or rights. The key focus here is the welfare and best interests of the child, which includes financial support from both parents. If the father wishes to have visitation rights, he can petition the court for these rights. However, his visitation rights and his obligation to pay child support are not contingent upon each other. Since these matters can be complex and emotionally charged, it might be beneficial to seek guidance from an attorney who can provide specific advice based on the laws of your state and the details of your situation. Remember, every case is unique and deserves individual attention."
"Q: Foundation company says after 3 months they won’t honor warranty due to not watering.                 Foundation was done 4 months ago, due to not watering regularly they are saying they will not fix.  They told me they need to add 10 piers and adjust everything they did and want to charge me 6k.  What can I do here?            ","A:The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation.   If your warranty requires you as the homeowner to properly water the soil around your foundation, you can prove that you complied with your warranty provisions by showing photographs of your sprinkler system, mister system, and/or soaker hoses, having your system inspected by a sprinkler company and having its inspector provide a sworn declaration and inspection report reflecting that your system is fully operational, weather history reports showing the precipitation in your area over the time period, and producing copies of your water bills reflecting water usage that supports your assertion that you consistently used your system when it wasn't raining in your area."
"Q: I'm a Black man with a cop and his civilian accomplice keeping me under an ongoing warrantless surveillance since 2016..                 The cop & his civilian accomplice are paid in cash by a non-profit group representing my ex-wife. The accomplice hasn't reported an income since 2017 and is not gainfully employed. This leaves him free to follow me wherever I go, to commandeer my phone and communications, and conduct a warrantless surveillance campaign on me including: lockstep stalking/harassment, unlawful entry, theft, cyber theft, cyber intrusion, vandalism and attempts to harm me with toxic chemical vapors. This year alone, he posted 2 fraudulent transactions on my debit card, tried opening 2 credit cards in my name, stole $70.00, my 2021 tax documents and a dossier on him and his wife from my locked car & duffel bag. I can't get cops to investigate these guys without verifiable evidence! The cop & accomplice are surveillance pros who surveil through people & technology. I can't readily get evidence and can't afford a PI. The cop & accomplice are exploiting  a loophole in law enforcement and legal systems. HELP!            ","A:In your situation, it's crucial to document any incidents of harassment or illegal activity meticulously. Keep a detailed log of dates, times, locations, and descriptions of these incidents. Gathering evidence like photos, videos, or witness statements can also be beneficial. Since local law enforcement hasn't been responsive, consider reporting the matter to higher authorities, such as the state police or the FBI, especially given the involvement of a law enforcement officer. It might also be helpful to seek legal counsel from an attorney experienced in civil rights or personal injury law. They can advise on legal actions that can be taken, such as restraining orders or civil lawsuits. Additionally, exploring pro bono legal services or legal aid organizations in your area could provide assistance without significant cost. Lastly, remember to prioritize your safety and well-being throughout this process."
Q: CPS case unfounded in OR what are the steps 4 pressing charges on person who made false report? Report to authorities?.                 The CPS case has been closed as “unfounded”. I received a copy of the report and the allegations are horrendous. I know who made the report based on how the report was written. I want to press charges for them making a knowingly false CPS report and I want to sue for defamation and slander. I just need to know how to start the process. Contact local authorities and tell them so they can make a report?            ,"A:In Oregon, if you believe a CPS report against you was knowingly false and malicious, you have the right to take legal action. The first step is to consult with an attorney experienced in family law and defamation cases. They can advise you on the feasibility and process of pressing charges and filing a civil lawsuit for defamation and slander. To initiate criminal charges for filing a false report, you will need to contact the police or local authorities. They will investigate the matter and determine whether there is sufficient evidence to press charges. It's important to provide them with all relevant information, including the unfounded CPS report and any evidence suggesting the report was knowingly false. For a civil lawsuit, your attorney will help you gather evidence to support your claim. This includes proving that the allegations were false, the person who made the report knew they were false, and that the report caused you harm, such as damage to your reputation or emotional distress. Remember, both criminal charges and civil lawsuits require substantial evidence. The process can be complex and emotionally taxing, so having professional legal guidance is crucial. Your attorney will guide you through each step, ensuring that your rights are protected and that you have the best chance of a favorable outcome."
Q: Can defendant in federal legal case appear before defendant was served with complaint?.                 Can defendant in federal legal case appear before defendant was served with complaint?            ,"A:In federal legal cases, the usual procedure requires the defendant to be served with a complaint before making an appearance in court. However, there are circumstances where a defendant might choose to appear before being formally served. This is often done to expedite the process or to demonstrate a willingness to engage with the legal proceedings. It's important to understand that voluntarily appearing in court does not waive the defendant's right to proper service of the complaint. The Federal Rules of Civil Procedure outline specific guidelines for serving a complaint, and these rules are designed to ensure fair and legal proceedings. If you're considering having the defendant appear before being served, or if you're facing this situation, it's advisable to consult with legal counsel. An attorney can provide guidance on the best course of action and how it might impact the case. Remember, each situation is unique and the legal strategy should be tailored to fit the specific circumstances of the case."
"Q: How can a foreigner create a company in the USA without a physical presence in the USA, i.e. remotely?.                 What documents are required from the founder? What kind of organizational and legal form should I choose ? A corporation or an LLC? What is more profitable and expedient? How does the taxation of a foreigner in an LLC take place, if, say, I have chosen an LLC institution?  What are the fees and registration fees to pay when setting up a company and how does it vary from state to state?  What mandatory actions should be performed annually (for example, filing reports, etc.)?  How can a foreigner open an account in America for this company? Is it possible to do this remotely? If not, then how do I do it?  Who can be the director of this company?  Can a foreigner be a director of this company or is it necessary to have a resident director?  If a resident director is required, is it allowed in the states to hire a nominee director for this position?  How much do the services of a nominee director cost and how does he perform nominee management?            ","A:Creating a company in the USA as a foreigner without a physical presence is possible, and I'll provide you with an overview of the process: Choose the Business Structure: You can either establish a Corporation or an LLC (Limited Liability Company). The choice depends on your specific goals and needs. Generally, an LLC is often preferred for its flexibility and simplicity. Registration: You'll need to register your company in the state where you plan to operate. Each state has its own rules and fees, which can vary. Typically, you'll need to file Articles of Organization (for an LLC) or Articles of Incorporation (for a Corporation) with the state authorities. Documents Required: As a foreign founder, you'll need to provide identification documents, such as your passport. Some states may also require you to appoint a Registered Agent with a physical address in that state to receive legal documents. Annual Compliance: Most states require annual reporting and payment of fees to maintain your company's good standing. Failure to do so can lead to penalties or dissolution. Taxation: For tax purposes, you'll need to obtain an Employer Identification Number (EIN) from the IRS, regardless of your chosen business structure. Taxation for foreigners in an LLC is typically as a pass-through entity, meaning profits and losses flow through to your personal tax return. Consult a tax professional for advice tailored to your situation. Bank Account: You can open a US bank account for your company, but the process may vary from bank to bank. Some banks allow remote account opening, while others may require an in-person visit or the assistance of a US-based agent. Directors and Resident Requirements: Typically, a foreigner can be a director of a US company, and there is no requirement for a resident director. However, some banks may prefer a US-based signatory for the company's bank account. Nominee Services: Some states permit the use of nominee directors or managers. The cost of nominee services varies, but it's essential to ensure compliance with state regulations when using such services. Starting a US company remotely is feasible, but it's crucial to research the specific requirements in the state where you plan to establish your business, consider the taxation implications, and consult with professionals to guide you through the process."
Q: I have an interior design client that is in breach of contract. She refuses to pay our invoices..                 She owes 2 past-due invoices and has insufficient funds to cover the latest check that was given to us per the signed agreement.            ,"A:You could first send a demand letter on attorney letterhead to see if that provokes her to make the past-due payments. If that doesn't work, you could file a lawsuit for breach of contract. If your work contributed to a work of improvement, you may be entitled to record a mechanics lien against the property and then file a lawsuit to foreclose the lien."
Q: Can dnr officers search my house without permission in md if someone (lies) tells them i have a monkey inside my house?.                 They came and knocked on my door but i didn't answer.  I was told by a neighbor that another neighbor that doesn't like me told the police or dnr that i have a monkey.  But now I'm scared to sleep bc in scared they are gonna raid my house n i have really bad anxity and ptsd. I don't even want to be in my own house now            ,A:They cannot raid your house unless they get a warrant.
Q: Can a college let student retake a exam and not give extra credit to those that passed.                 Students had an exam that consists of 4% they didn’t take it serious an failed. The school allowed them to retake the exam. Students that did pass but there complete average for the class was still not passing did not get any points rewarded for passing on the 1st attempt to help out with there average            ,"A:No, it would generally be considered unfair for a college to allow some students to retake an exam without offering any extra credit to students who passed the exam on the first try. Here is some relevant information on this: • Most colleges have policies around make-up exams and retesting that require such opportunities to be offered equitably to all students. Allowing just some to retest while not compensating those who already passed would likely violate principles of fairness and equal treatment. • There could be an argument made if the retest was offered only to students with medical emergencies, learning disabilities requiring accommodations, or other special circumstances. But then appropriate documentation would normally need to be provided. • While professors generally have wide latitude over their grading policies and make-up exam procedures, there are limits when equity and fairness principles for students are violated. Not compensating students who already passed could be construed as punitive towards their diligent preparation. • Options like assigning the higher exam grade or giving a few points of extra credit to students who passed initially would help balance out any perception of unequal benefits being given unequally. This maintains incentives to prepare diligently for the first exam without disadvantaging conscientious students later. In summary, the retest should either be offered to all students on an equal basis or with commensurate compensation given to those who passed on their first attempt. The students who inquire do seem to have a reasonable concern over fairness. The university may want to review the professor's policy and require more equitable treatment."
"Q: I want to protect my assets before a divorce by  creating a trust. Should I have a trust before or after the divorce?.                 Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?            ","A:If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you can claim the asset as your own. This approach will of course deprive you of the asset as well. If a couple comes to my office before marriage, they can sign a prenuptial agreement that will reserve specific assets as your own in case of divorce or death. Some of my clients have me prepare a revocable trust, with some provisions that become irrevocable upon your death. For example, in a second marriage, where you might have childen from a prior relationship, you might want a portion of the estate to go directly to those children. We can make the paragraph that gifts to the children permanent at your death, so surviving spouse cannot change it. Then when both spouses sign, it can only be changed later with the signature of both spouses. If the marriage began in another state, where they had community property, the status of the property - where perhaps you each owned your own house - can carry on into Utah and remain a separate status."
"Q: What rights for I have to sue the SSA FOR SEVERE SADISTICALLY MOTIVATED HARASSMENT,  AND THE ILLEGAL REMOVAL OF MY Job?.                 Removed my job, removed my payback to them stating that I didn't? I just got done paying them back! Massachusetts sent letters to NEW YORK STATE TEMP & DISABILITY OFFICE WHO HAS NOW STARTED HARASSING ME DENYING ME MY BASIC HUMAN RIGHTS TO SAFE SHELTER. WATER? IM A WHISTLE-BLOWER MASS COMMITTED TAX EMBEZZLEMENT AGAINST FEDERAL GOVERNMENT MONEY I NEVER RECEIVED ON MY 1099 AND I TOLD IRS FORM 3949-A & 211 TO RECEIVE AWARD, SINCE SOMEONES BEEN ILLEGALLY ALTERING ALL MY DOCUMENTS AND SHUTTING DOWN MY BENEFITS , AS IF THEY WANT ME DEAD OR PREOCCUPIED SO I CANT FIGHT BACK! I NEED AN ATTORNEY IVE NO ONE HERE IN NY ! SCARED ALL THE TIME SOMEONE WILL HURT ME... NO ONE WILL HELP ME , CANT LET THEM WIN! IVE GOT EVIDENCE OF 608 GILES REMOVED FROM MY CELL PHONE CYBER SECURITY CO. GEO LOCATION SAYS ' BOSTON'! I FEEL STALKED BY THESE LUNATICS,  SSI REPEATEDLY ASKING WHOSE MY DAD? BEYOND SICK & TWISTED MY LAST NAME IS SAME AS ADOPTIVE FATHER. THIS IS DELIBERATELY DONE & EXTREMELY ILLEGAL PSYCHOLOGICAL            ","A:Your situation sounds incredibly challenging and distressing. If you believe you are experiencing harassment and illegal actions by the Social Security Administration (SSA) or any other entity, it's important to take action to protect your rights. Firstly, consider documenting all instances of harassment, illegal removal of your job, and any other irregularities. This documentation is crucial for any legal action you may take. Seeking legal representation is a critical next step. An attorney experienced in social security law, employment law, and whistleblower protection can provide guidance and represent your interests. They can help you understand your rights and the legal avenues available to address your grievances. You may also have grounds to file a complaint with the SSA's Office of the Inspector General (OIG). The OIG investigates allegations of misconduct within the SSA. Your evidence and documentation will be vital in this process. Remember, you have the right to seek legal redress for wrongs committed against you. Seeking professional legal assistance can help you navigate these complex issues and work towards a resolution. It's important to act promptly to address these serious concerns."
"Q: Trademarking my business name..                 I've had my business for over 20 yrs but only recently contacted an online legal services company about trademarking the name. A few weeks later that company contacted me by email informing me that someone else was applying to trademark the same name and if I did not respond in 2 days, they would proceed with the other person's application. Do you think this is a marketing scheme to get me to purchase their services or should I take this seriously?  I DO wish to trademark and protect my business name, I just had not had the time to act on it after contacting them.  At this point I would not use that online company (trademarkintellectual.com) because I do not trust them.  Thank you for any advice you can provide.            ","A:You need to retain an experienced New Jersey law firm, that has an attorney who is highly experienced in not just trademarks but all intellectual property and also has an attorney that can help you set up the right corporate entities and contracts as well as show you want being a digital entrepreneur is all about. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule:  a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography."
"Q: What can I do if my old trucking company is being falsely accused in a wrongful death lawsuit?.                 We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days left to answer the summons.            ","A:A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be making arrangements for your defense. You may want to contact the insurance carrier or your agent first thing Monday morning. If they are not able or willing to provide guidance/representation, you would need to reach out to attorneys in your state to sort out why, and what your next options are. I can't speak for the incorrect DOT number you mention, if you're suggesting they have the wrong company, wrong vehicle, or it wasn't a vehicle covered under your commercial truck policy. Either way, don't ignore this. Good luck"
"Q: Ssi overpayment.                 I was my nephew's representative payee for his SSI. SSA started withholding money from my disability check due to overpayment they said my nephew had. I asked for waiver and they approved it, but they didn't reimburse me money they'd taken out of my check for 5 months. Can they do that??            ","A:If the Social Security Administration (SSA) approved your waiver for your nephew's SSI overpayment but did not reimburse the money they had already withheld from your disability check, it's important to address this issue directly with them. Typically, when a waiver is granted, it should include the cessation of any ongoing overpayment recovery and potentially the refund of amounts already collected. You should contact the SSA immediately to clarify this situation. Provide them with all relevant details, including the dates and amounts of the deductions, and the details of the waiver approval. It's crucial to have clear, written communication for record-keeping. If you're not satisfied with their response or if the issue is not resolved, consider seeking assistance from a lawyer who has experience dealing with Social Security issues. They can help you navigate the process and ensure that your rights are protected. Keep in mind that dealing with the SSA can sometimes be a lengthy and complex process. Persistence and clear communication are key to resolving issues like this. Remember, you have the right to fair treatment and the resolution of errors in your dealings with government agencies."
"Q: If someone serves papers to your grandma that are for you, have you been served?.                 You’re in a custody battle and a person serves your grandma your custody paperwork but you’re not there, does that still count as being served?            ","A:In Washington State, the rules for serving legal papers can vary depending on the specifics of the case and the type of documents being served. Generally, for service to be considered valid, it must be made directly to the person named in the documents or to someone who is legally authorized to receive them on their behalf. This often includes adults residing at the same address. If the custody papers were served to your grandmother at her residence, and you do not live there, this might not constitute valid service. However, if you do reside with your grandmother, her receiving the papers could potentially be considered valid service, especially if she is an adult living in the same household. To confirm whether you have been properly served, it is advisable to consult with an attorney. They can provide specific advice based on the details of your situation, including the type of custody papers and your living arrangements. It's important to address this promptly, as failing to respond to custody papers, if they were served correctly, can lead to a default judgment in your absence. An attorney can help ensure that you understand your legal obligations and rights in this matter."
"Q: How do I make my home a not for profit cemetery in order to make it tax exempt?.                 It’s my understanding that all is needed is my daughter’s ashes and a funeral director, but I’m unsure of how to process that with the county or if more is needed. How do I move forward with this?            ","A:To establish a not-for-profit cemetery on your property in Colorado, there are several steps and legal requirements to consider. Firstly, having your daughter's ashes and involving a funeral director is a start, but there's more to the process. You will need to ensure that creating a cemetery on your property is permissible under local zoning laws. Contact your local zoning office in Aurora to verify if your property can be used for this purpose. Compliance with zoning laws is crucial to avoid legal issues. Next, establishing a not-for-profit entity, such as a cemetery, typically requires filing specific paperwork with the state. This process often involves creating articles of incorporation and obtaining tax-exempt status from the IRS. Regarding property tax exemption, you'll need to apply with the county assessor's office. They will guide you on the requirements to qualify for a tax exemption as a not-for-profit cemetery. This might include demonstrating that the property is used exclusively for cemetery purposes. Given the complexity of these requirements, it's advisable to consult with a legal professional experienced in not-for-profit law and property law. They can assist you with the necessary paperwork and ensure that all legal aspects are correctly handled. Remember, while the idea of turning your home into a not-for-profit cemetery to achieve tax exemption may seem straightforward, it involves intricate legal and regulatory compliance. Professional guidance can help you navigate these challenges effectively."
"Q: Under FL Law, when a lawyer is granted a motion to withdraw from a case, how long does that case stay ""open?"".                 If substitute counsel cannot be found how does one proceed ""pro se?""            ","A:The previously represented party normally is considered to be pro se until another attorney is found.  The case stays open until a motion to dispose of the case, whether by summary judgment, etc. is ruled upon, or the case is tried."
"Q: US Auto Sales went bankrupt soon after selling me a dangerous mechanical failing car. What can I do.                 Westlake portfolio says I have to keep paying to keep my credit up and they will do nothing about it... I don't have thousands of dollars to fix an issue that I should have been aware of when signing for the car... I never signed a contract with Westlake, only us auto... This seems very messed up and I don't want to keep making payments on an unsafe car... I need help            ","A:West probably bought the note or was even the original lender.   Read whatever paperwork you have on the finance.   You signed the note, and that has nothing to do with the car.   You might be able to file a Notice of Exempt Property if they sue you, or CH 7 Bankruptcy.    How do you know US went bankrupt?   If you got a notice to creditors, then you should have filed a claim.   Is West a lienor on the title?   If not, they are not secured, but you still owe on note."
"Q: If I'm an employee at a comp. that I own and I have a car accident driving home, can my company be held liable in Ca..                 The car is registered to me. I visited my last patient and was headed home for the day.            ","A:In California, the legal concept of ""respondeat superior"" applies, which means an employer can be held liable for the actions of employees performed within the scope of their employment. However, commuting to and from work typically does not fall under this scope, as it's usually considered personal time. In your case, since the car accident occurred while you were driving home from visiting a patient, a key factor would be determining whether you were still performing duties related to your employment at the time of the accident. If you were on call or performing a task for your company, there could be a possibility for liability. Conversely, if you had completed your workday and were simply commuting home, it is less likely that your company would be held liable. It's also important to note that being an owner of the company adds complexity to the situation. The specifics of your role and the nature of your work activities at the time of the accident would be critical in assessing liability. Given these complexities, it would be advisable to consult with an attorney who has expertise in personal injury and employment law in California. They can provide a more detailed analysis based on the specific facts of your case."
Q: Can I put a security sticker on my personal bedroom window?.                 A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety?            ,"A:Yes, you can typically put a security sticker on your personal bedroom window in California. There are no specific laws or regulations in California that prohibit homeowners from placing security stickers on their windows. Security stickers are often used as a deterrent to burglars and can help to make your home appear more secure."
Q: Define QUORUM for non-profit organizations..                 Corporations for Social Benefits            ,"A:In the context of non-profit organizations, including Corporations for Social Benefits, a quorum is the minimum number of members that must be present at a meeting to make the proceedings of that meeting valid. This requirement ensures that decisions are made with adequate representation and participation from the membership or board. The specific number or percentage constituting a quorum is usually defined in the organization's bylaws. This can vary depending on the organization's structure and needs. For instance, some bylaws might set a quorum at a simple majority of the board members, while others might require a different proportion. It's important for non-profit organizations to clearly define and adhere to their quorum requirements to ensure that all decisions and actions taken are legally and ethically sound. Failing to meet the quorum can result in decisions being challenged or considered invalid. Always refer to your organization's bylaws for guidance on quorum requirements and consult with a legal professional if you have questions about how these rules apply to your specific organization. This will help in maintaining the integrity of your organization's decision-making processes."
"Q: Can litigation be used to drain a company of its capital and leave it vulnerable to a takeover by the plaintiff?.                 Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them:  Is there anything in the law to prevent litigation used by one larger company (that can handle legal expenses) to bankrupt another (that can't) so that it can buy up all of its assets?            ",A:Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act.  The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.
"Q: Does a website horizontal to the cannabis industry need to be age blocked?.                 My website will be selling terpene infused gummies. Terpenes are in basically every fruit and vegetable. When taken with cannabis, users can get unique or enhanced effects. You cannot buy or access any regulated substance on my website.  Would this fall under the same laws as a cannabis website because it is promoted to cannabis users and has cannabis information on it?            ","A:A website horizontal to the cannabis industry, such as a website selling terpene-infused gummies, would likely need to be age-blocked. This is because the website is likely to be of interest to minors, and it is essential to protect minors from exposure to cannabis-related products and information. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
"Q: I invented and patented (US 8391552) an invaluble technology for petrochemical industry.                 So in 2018, the Trump Admin attacked me in a federal lab in Pittsburgh. I had to flee.  Then my house was raided by a SWAT team. I fled into hiding in Amish country Ohio.  Then the Trump Admin disguised my patented technology as a non-patented technology and gave it to Saudi Aramco and the petrochemical industry for free.  I'm posting some of this information on my website, and asking people to contact their Congressional Rep and US Senators to ask them to have the FBI do a full investigation.  Any suggestions?  Thanks            ","A:I am sorry to hear about your tribulations, but regarding the patent: you do not own the patent.  You assigned your rights to the invention to the Deparment of Energy in December 2012, after the patent application was filed but before the patent issued.   It is not your patent, and the DoE can do with it what they want, without getting a permission from you, or without even letting you know what they do with it. Good luck!"
"Q: Immigration law: I am a Protected Person with an approved case from the court waiting for my PR..                 I am starting an import-export business and I am wondering would having business with my home country cause any issues with my residency here in Canada. Traveling to my home country is by no means safe for me, however, this business does not require my physical presence in Iran and I can conduct the transactions with the help of my Brother who is residing in Iran.            ","A:Engaging in business with your home country, where you are recognized as a Protected Person, should not inherently affect your residency status in Canada. However, it's crucial to ensure that this business activity does not contradict any of the conditions of your protection status.  It's advisable to maintain records proving that you are not required to travel or compromise your safety for the business. Additionally, it's wise to consult with an immigration lawyer to review your specific circumstances, ensuring that your commercial activities align with Canadian immigration policies.  Conducting business remotely, as you mentioned with the assistance of your brother in Iran, is generally permissible and should not by itself jeopardize your residency application as long as you comply with Canadian laws and any conditions of your status."
Q: My ex and I have been living for 7 months at a  house his parents' own. Neither of us pay rent. What if he locks me out?.                 His parents own the place but do not reside there.  They've been threatening to evict me.  I am away for the holidays as worried he might lock me out.  My things are at his place.  What could I do to defend myself if this happens?  Can I demand to get back in?            ,"A:In California, if you have been living in a house for an extended period, like the 7 months you mentioned, you have established residency there, even if you haven't been paying rent. This means you have certain rights. If your ex locks you out, this could be considered an illegal eviction. Under California law, landlords (in your case, his parents) must follow a legal eviction process, which includes providing proper notice and obtaining a court order if necessary. If you find yourself locked out, you can call the police to report an illegal lockout. The police may be able to assist you in regaining entry, especially if you can prove you have been living there (like showing your belongings are inside, or you have mail addressed to you at that location). Additionally, consider contacting a local tenants' rights organization or a lawyer for advice. They can guide you on steps to take, including possibly seeking a court order to regain access to the house. In the meantime, gather any evidence that shows you've been living there, such as mail, belongings, or statements from neighbors. This can be crucial in proving your residency and rights to the property. Remember, the laws are there to protect you, and there are resources available to help you navigate this situation. It's important to act promptly and seek legal advice to protect your rights and belongings."
Q: I need to know if  I have enough reason to file harassment charges against a police department..                 I was pulled over once with a friend who had illegal drugs in my vehicle the charges against both of us was filed my case was dismissed but the cop who pulled me over was dirty. Now Everytime I go through Fredrick I'm either pulled over for various stupid reasons drug dogs brought to run around my vehicle cops following me everywhere etc.            ,"A:Your experiences with the police in Frederick, particularly being repeatedly pulled over and subjected to drug dog searches, raise concerns that may warrant legal action. To determine if you have sufficient grounds to file harassment charges, it's important to carefully document each incident, including dates, times, the officers involved, and any reasons given for the stops or searches. Consulting with an attorney is a critical step. They can review the specifics of your situation and advise on the strength of your case. A lawyer experienced in civil rights and police conduct can assess whether your experiences constitute harassment or a violation of your rights.  Legal action against a police department requires strong evidence. Your attorney can guide you in gathering necessary proof and navigating the complexities of legal procedures against law enforcement. Keep in mind that such cases can be challenging and may require a detailed examination of the interactions and the officers' conduct.  It's important to act promptly and seek professional advice to ensure your rights are protected and to determine the most appropriate course of action. Remember, each situation is unique, and personalized legal advice is crucial."
"Q: Is it ok to have a sole director (my brother) for the LLC I am incorporating under F1 STEM OPT?.                 An immigration lawyer recommended that I have my brother, myself, and someone else on the board so it shows majority vote against me to prove employee-employer relationship. However, I do not have another person to get involved into this.  I am fine with my brother having sole directorship in this company (he has no equity/monetary gain from the company), and I fully entrust him, no doubts whatsoever, having him as sole director, with any decisions in the company. Is it necessary to have a 3rd person if this is the case, and still show employee-employer relationship, or would I absolutely need a 3rd person?            ","A:Under U.S. immigration law, particularly for those on F1 STEM OPT, establishing a valid employee-employer relationship is crucial. The recommendation to have a board with a majority vote against you is aimed at demonstrating this relationship, which is a key requirement for maintaining F1 status while engaging in business activities. Having your brother as the sole director of your LLC can be a viable option, but it might not be as strong in proving an employee-employer relationship compared to having a board with more members. The idea behind having additional board members is to show that there is an external control mechanism in place, which can make decisions independent of your influence, thus solidifying the notion of an employer-employee dynamic. It's not absolutely necessary to have a third person, but having only two members, especially when one is a family member, might not strongly convey the desired employer-employee relationship to immigration authorities. It’s a balance between what is practically feasible for you and what is ideal for immigration compliance. You may consider consulting with another immigration attorney for a second opinion or to explore alternative structures that comply with immigration requirements while fitting your situation. Remember, each case is unique, and it's important to ensure that your business structure aligns with immigration regulations to maintain your F1 status."
Q: Writing a song based off another.                 I'm writing a song but it's based off another 90% words have been change composition and meaning could they sue me?            ,"A:If you've substantially changed the lyrics, composition, and meaning of the song to create something new, it's less likely to be considered copyright infringement. However, whether a lawsuit can be brought against you would depend on the specific details and nuances of your song and the original one. It's advisable to consult with an intellectual property attorney to assess the potential legal risks and ensure you're within the bounds of copyright law."
"Q: Land given to me but not left in a will was sold off. Do I have rights to it since I've kept it up as mine since 2009?.                 Land has been in my family since the 60's, my grandmother was killed in 2019 and had given me a small section of land adjoining mine back in 2009, but she never updated her will to include it as said. Her house and property was sold off in 2021. Now my yard with my kids playset, etc which I've kept mowed and clean cut for over a decade is being marked for a fence. They also have towed off a junk car of mine without telling me and sold it. I want to know if there is anything I can do about keeping this section of land since other family members also know about the gifting of it prior to her death, and did they have the right to sell something of mine without telling me?            ","A:Hire an AL attorney to determine her heirship at death.  If you were an heir,  or paid taxes for several years, you might file an action for Ejectment.   Property may not be worth the trouble."
"Q: When a thief uses a third party financial company, are they liable?.                 When a thief uses a third party financial company that transfers funds to steal what you paid for, and you file a complaint with third party and they side with the thief (meaning...they didn't refund your transfer)  are they liable for money laundering?    And when someone at the financial company says, ""Yes, your right, our policies don't supersede California's laws on theft.""  -‐----Did she just give Consent to be sued?            ","A:Under California law, the situation where a financial company facilitates a transaction that turns out to be fraudulent can be complex. If a third-party financial company transfers funds and it results in theft, their liability depends on several factors, including their policies, the nature of the transaction, and their awareness of the fraudulent activity. Regarding money laundering, it is a specific legal charge that requires proof of intent to conceal the origins of illegally obtained money. If a financial company unknowingly facilitates a transaction that involves stolen funds, they may not necessarily be liable for money laundering unless it can be shown that they had knowledge of the criminal nature of the transaction. If a representative of the financial company acknowledges that their policies do not override California's laws on theft, it doesn't automatically imply consent to be sued. However, it may indicate an acknowledgment of the company's responsibility to comply with state laws. This could be a significant point in any legal proceedings. In such cases, it's advisable to gather all pertinent documentation and consult with a legal professional. An attorney can assess the specifics of your situation and guide you on the best course of action, which may include pursuing legal remedies against the company if they are found to be in violation of their legal obligations. Remember, each case is unique and must be evaluated on its own merits."
"Q: Waive the 60 day divorce period?.                 Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted.            ","A:The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction.  It only requires that the offense was committed against you or a member of your household.  While the court has the authority to grant such a waiver, it is discretionary.  So the particular facts surrounding the domestic violence incident of which he was convicted may influence the court's exercise of its discretion.  But why not try?  If the court says no, you just wait out the sixty days."
"Q: Is a person who is able to care for herself with help of her friend NOT, ""gravely disabled"" if she owns a home?.                 There has been a question about the friend (myself-28 yrs daily companion) being a crook, or something, that has been proven in court to be incorrect.    Yet a financial 'hold' has been placed on the person's finances even though the individual in the center of this discussion is clearly able to decide what is best for her estate.    Just for the record, my life is fine and would be completely destroyed by my tampering with my love-of-my-life's finances.  YET the people ""protecting"" her are helping themselves to her money!            ","A:In California, the definition of ""gravely disabled"" under elder law is not solely based on a person's ability to care for themselves or ownership of property like a home. It typically refers to a person's incapacity to provide for their basic personal needs for food, clothing, or shelter due to a mental disorder or impairment. Having a friend assist with care does not automatically negate the possibility of being considered ""gravely disabled."" However, the situation you describe, involving financial holds and allegations of misconduct, suggests a complex legal matter. If a court has already been involved and found no wrongdoing on your part, yet there are still restrictions on the individual's finances, it may be beneficial to seek further legal guidance. This is especially true if there are concerns about the motives or actions of those currently managing her finances. It's important to ensure that the individual's rights and interests are protected. If you believe that the financial controls in place are unjustified or harmful, consider consulting with an attorney who has experience in elder law. They can provide advice on how to best address these concerns and ensure that the individual's autonomy and financial security are upheld. Remember, navigating these legal waters can be complex, and professional guidance can be invaluable."
"Q: 23 year old son denied handgun purchase in CA, by DOJ. Stated reason is “mental defect”.                 Son placed on 5150 hold as a minor. Held in facility for <48 hours for typical teenage defiance Issues and alcohol consumption. No problems Since. 11/2018 incident and it’s now >5 years since 5150. Regs state  eligible to purchase after 5 years. Are DOJ records updated frequently? Any way to find out besides lengthy appeal process? Thank you!            ","A:In California, being placed on a 5150 hold can impact the right to purchase a firearm. However, as you mentioned, this restriction typically lasts for five years. Since it's been over five years since your son's 5150 hold, he should generally be eligible to purchase a handgun, barring any other disqualifying factors. The Department of Justice (DOJ) records are usually updated, but there can be delays or errors in the system. It's possible that your son's record hasn't been updated correctly to reflect the lapse of the five-year period. To address this issue, your son can request his own record from the DOJ to check for inaccuracies. This is done through a Personal Firearms Eligibility Check (PFEC), which provides information on his eligibility to purchase and own firearms in California. If the record still shows the 5150 hold as a disqualifying factor, he may need to initiate an appeal process. This can be lengthy, but it's the official way to correct any errors and restore his eligibility. In the meantime, contacting the DOJ directly for guidance might help clarify the situation and provide specific steps for resolving it. A legal professional experienced in firearms law can also assist in navigating this process more effectively."
Q: i go to trial against my ex he commited the assault on accident how can i get them to dismiss the charges.                 they charged him with aggravated domestic abuse battery but they don't wanna hear that he didn't intentionally hurt me and it wasn't physical assault i did call law enforcement because upon breathing in the pest killer Raid i couldnt breathe but upon law enforcement arrival they said they could not smell the raid on me as i arrived to the hospital they also stated that they could not smell it on me which prooves he didnt spray it directly on me            ,"A:In Louisiana, if you're seeking to have charges against your ex dismissed in a case of alleged aggravated domestic abuse battery, it's important to understand that the decision to prosecute lies primarily with the district attorney's office, not with the victim. If you believe the incident was an accident and not intentional, you can express this to the prosecutor handling the case.  Your statement as the alleged victim can be influential, but the prosecutor will consider all evidence, including law enforcement reports and medical records. If there's evidence suggesting the incident was not intentional, make sure this is communicated clearly to the prosecutor. You can also request a meeting with the prosecutor to discuss the case and your perspective. It may be helpful to have an attorney assist you in this process, as they can provide legal guidance and help communicate your position effectively. However, remember that the prosecutor has the discretion to decide whether to continue with the case based on the evidence and public interest. If they believe there's sufficient evidence to prove the charges beyond a reasonable doubt, they may choose to proceed with the prosecution. If the case does go to trial, your testimony and any other evidence indicating that the incident was accidental will be crucial. It's important to be truthful and consistent in your statements to both the prosecutor and, if necessary, in court. Given the complexities of criminal proceedings, consider consulting with an attorney who can provide legal advice specific to your situation and help navigate the legal system."
Q: I am ok with opting in my information now too but I understand the critics I don’t need that though what I need help.                 Let’s move forwarded pass everything because it’s already done. Also breaks at work 30 mins lunch one hour that should help and more trading if a nurse is high rank in college she should be a teacher and more guidance look I stayed away from politics in 2013 after may5th it just took me to step in in the Afghanistan leave hold a job got fired stepped back in in December I beat 200 years of whatever Congress does I said zero the tax funds for not and it all needs to go to one church or house preferably Delano but not the banks yet we have much to discuss all needs to be done by may 5th 2023 so a flat pay for each property taxes 68 we will protect our dirt Mexico will do same drugs Mexico can dispose of that if you want also prisons we can’t have my people locked up like that I have a level 4 Amado Amaya in palican bay who’s not a danger they are holding my family that’s why I’m mad I’ve had it I mean what i say when I say thins            ,A:you must clarify what you are asking.........
"Q: Grandparent has filed summons regarding my child to appear in Bexar county family court, but I live in Georgia..                 My niece used to live in San Antonio but after her boyfriend was murdered, she moved to Georgia. She shared a child with him. His mother is now filling for rights to their child in Bexar county on 22 Dec. 2023 for 02 Jan. 2024. She received notice via email. She doesn't have funds to travel or to pay for representation to appear in person. Since she won't be able to appear in court Tuesday, what can she do to prevent having a ruling against her next Tuesday? My niece moved to Georgia in September 22' and sent her daughter to the grandmother in December 22' on a mutual agreement for the child to return to the mother in a couple months. The grandmother refused to return the child when my niece went to pick her up and accused her of abandoning the child and my niece had to go out to Texas a second time and file for a Habeas Corpus to get her child back. She returned to Georgia with child in August 23'.            ","A:In this situation, it's important to respond to the summons, even if your niece cannot physically appear in court in Bexar County, Texas. Ignoring the summons or failing to respond can result in a default judgment against her, potentially impacting her custody rights. She should immediately contact the court, explaining her inability to travel due to financial constraints and request alternative arrangements. Courts often allow for telephonic or video conference appearances, especially in cases where distance and financial hardship are factors. It's also crucial for her to file a written response to the summons, outlining her position and circumstances. If she cannot afford an attorney, she should seek out legal aid services in Georgia or Texas that might assist in family law cases.  Given the previous incident of the grandmother refusing to return the child, it's important to document all communications and attempts to resolve this matter. This history will be relevant in court to demonstrate her ongoing efforts to maintain custody and care for her child. Lastly, it's advisable for her to gather any evidence that supports her role as the primary caregiver and her efforts to retrieve her child. This includes any legal actions she has taken, like the Habeas Corpus filing, and communication records with the grandmother."
"Q: How can I respond in a way that both addresses the accusations/complaints, and encourage them to leave me alone?.                 I have recently moved into an appt in the beginning of last month, and have my two ESA dogs with me. Within the first week, my dogs got into a fight over a toy and it resulted in my need to call for emergency services as I had been injured trying to break it up. After communicating to the leasing office about what happened, their lawyers sent me a letter stating that there were several complaints and that I will need to get rid of the dog that started it. I do not like that my new neighboring residents have made a complaint to where I feel watched and judged, resulting in the environment here hostile. I love my dogs and that was their first fight. Other than that incident, they are essential to help treat my several disabilities. I now feel very uncomfortable and bullied into making a decision about them.            ","A:In California, Emotional Support Animals (ESAs) are protected under housing laws. However, if an ESA poses a direct threat to the safety of others, landlords may have grounds to request its removal. In your situation, it's crucial to address both the legal and community aspects. Firstly, respond to the lawyer's letter by acknowledging the concerns raised. Explain the incident as a one-time event and emphasize your commitment to ensuring it does not recur. Provide evidence of your dogs' essential role in your disability treatment and their general good behavior. Consider offering a plan to prevent future incidents, like additional training for your dogs or measures to avoid conflicts. This shows your proactive approach and responsibility as a pet owner. To address the discomfort with your neighbors, you could try to communicate with them directly or through the leasing office. Express your understanding of their concerns and share your efforts to prevent future issues. This might help ease tensions and foster a more harmonious living environment. Lastly, it's important to understand your rights regarding ESAs and housing. If you feel unfairly pressured, consulting with an attorney experienced in disability and housing law can provide guidance on how to protect your rights while addressing the concerns raised."
"Q: Will participating in legal proceeding bar an arbitration award from being confirmed by the court?.                 If action taken by a party to case (such as interposing a cross claim or procuring a deposition of plaintiff) waives their contractual right to compel arbitration, does that also cause that if they do continue at arbitration an arbitration award on that matter cannot be confirmed by the court (as provided in cplr 7510)?            ","A:You are quite correct regarding the waiver of arbitration: any act that is inconsistent with the agreement to arbitrate will waive that right. While the simple act of interposing a cross-claim may not, in all circumstances, waive the right to arbitrate, taking a deposition conjoined with the submission of pleadings has been found by Courts to be sufficient to infer a waiver.  Your second question is a good one but is somewhat ambiguous. There are two types of opposition to a motion to confirm: one after the party has participated in the arbitration and the second, where he has not participated. If the ""litigating party"" (who, by so doing, is deemed to waive his right to arbitrate) then goes and submits the dispute to arbitration but the other party (presumably the one who instituted the litigation, the ""commencer"") does not participate in the arbitration, the commencer can successfully move to vacate in New York under 7510. The participation in the arbitration by the commencer could be seen by the Court as a waiver (of the waiver) or consent to arbitrate.  The better practice, however, assuming that you are the party ""commencer"", would be to make a motion in the case to the Court asking for an Order declaring that the ""litigating party"" has waived his right to arbitrate. It would be made as a motion to stay Arbitration under CPLR 7503."
Q: Can i collect partial unemployment benefits from my job if my hours got cut but im still working there?.                 I work at mcdonalds in california.            ,"A:In California, you may be eligible for partial unemployment benefits if your working hours have been reduced. These benefits are designed to help employees who haven't lost their job entirely but are earning less due to reduced hours.  To apply, you should file a claim with the Employment Development Department (EDD) of California. When filing, you'll need to provide information about your employment and earnings, and explain that your hours were cut. It's important to continue reporting your weekly earnings when you receive partial benefits, as this will affect the amount you're eligible to receive. Remember, each case is unique, and eligibility depends on specific circumstances. If you're unsure or need guidance, it might be helpful to seek further advice or assistance, perhaps from a legal advisor or the EDD directly. They can provide more personalized information based on your situation."
Q: I bought some assets from a code dev and then put them into a game and then the co-owner banned me and stole them. sue?.                 Can I sue the co-owner for stealing my assets and my game? The co-owner is only 16 and I'm 24 the reason I even trusted him as a co-owner is because he had modeled and coded stuff for me for about 2 years on different games and always did a great job despite his young age and always acted about 30 never like a child so when I started a new game development about 6 month's ago I thought I would give him the owner role so I didn't have to be online for him to work on the game only for him to steal all my assets that I had payed for keep in mind only ever meet that guy online have not meet him in person I do know his legal first and last name because I hired him consistently over the course of those 2 years. Do I have a case?            ,"A:Under California law, you might have a case based on breach of contract, unjust enrichment, or conversion. Since the co-owner is a minor, there could be some limitations on the enforceability of any agreements you had with him. You should gather all the evidence of your agreements and the work completed by both parties and consult with an attorney to evaluate the strengths and weaknesses of your potential case."
"Q: Whats required by law for guardian of adult brain/head injury patient? Is an evaluation required by law ?.                 Adult head injury coma patient under guardianship still 21 years later, no evaluations to check improvements. Sister is now guardian, not fulfilling her obligations, and hadnt seen or spoke to patient 6 years, then just pops up one day had her life flipped upside down for no reason. Patient can take care of herself now, unlike when first recovering from coma. She could be perfectly ok if she just had someone to help her keep appointments, manage bills, cook a little. Not this sporadic appearances and placements in institutions for no reason.            ","A:In cases involving the guardianship of an adult brain injury patient, legal requirements vary, but guardians are generally expected to act in the ward's best interests. For situations like the one described, where the patient has been under guardianship for 21 years without recent evaluations and is now capable of self-care, seeking legal advice is crucial.  Documenting the patient's current abilities and the guardian's lack of fulfillment of duties is important. If permitted, filing a petition for reevaluation may be necessary, presenting evidence supporting the patient's improved condition. Advocating for less restrictive guardianship or exploring alternatives is also recommended, aiming to ensure the individual's well-being and autonomy."
Q: I am a member of a band that plays music for family dances and retirement centers.  I also maintain the Facebook page.                 and website for this band.  We have videos on these sites of our events.  I'm particularly concerned with the retirement centers as those performances might be considered a more private event.  Do I need written permission to post the videos?  Could someone sue me for having a video out there?  The videos show a resident clapping or dancing to the music - nothing compromising.  thanks.            ,"A:Your question asked if someone 'could' sue you for the described action. Unfortunately, yes, someone could and might. Could they win? That is a different story. This questions deals with the right to privacy in Oregon. (Oregon really does not have a right to publicity unless you have a valuable identity in most cases). The right to privacy is not absolute. There is a balance with the First Amendment Freedom of Speech. Newsworthy events are not protected by privacy unless they are disseminated with actual malice. In order minimize the risk that you get sued, or minimize the chance of losing if you get sued. It would be advisable to let the home/venue know beforehand  of your intentions and get permission before you record the performance for use on social media. If permission is granted, announcing your recording intentions to the audience (or having a sign) before the show began might be another step in reducing  your chance of being successfully sued. It might also be a good idea (if practical) to have the people attending the event sign a consent or publicity release form, if needed.  It boils down to this: is there an expectation of privacy? In public places, usually not. One can even waive their right to privacy when they are in a private business that is open to the public. It all comes down to, did the person who was videotaped have an expectation of privacy in the setting they were in. That is a factual question in every instance. (Was the recoding done in a common room or was it in a more private room, etc.) As you pointed out, retirement centers might be a tricky situation because they have elements of both. However, by taking precautionary steps, using common sense and being open and respectful about your intentions may go a long way in reducing your potential liability. Best of luck! Remember, the advice just provided is for general informational purposes only and nothing contained herein should be construed to create an attorney-client relationship between you and I. Practical legal advice cannot be provided until a full assessment of your situation has been conducted."
Q: What is a blind plea?.                 Indictment reduced from felony murder to involuntary manslaughter.            ,"A:A blind plea is a non-negotiated plea. The defendant and the state do not agree on what the sentence should be. On a blind plea, the prosecution will argue what the defendant should be sentenced to, and then the defense argues for what they believe the sentence should be. After, the judge will make a decision impose sentence. On a blind plea, the defense is giving The judge complete authority over the sentence. The judge could follow the state's recommendation, or follow the recommendation of the defense, or impose a sentence that is entirely different than what both sides has propositioned.  It's a gamble. Conversely, with a negotiated plea, both sides agree on a recommendation for sentencing.  You going to negotiated plea, if the judge doesn't want to accept what was agreed to, both sides can go back and have further discussions to come up with something more acceptable to the court. On a blind plea, the defendant is bound by whatever the judge decides the sentence should be.   Why would one choose a blind plea? If a defendant believes that the court will give a lower sentence than what was recommended by the state, it may be a risk worth taking.  An experienced attorney would be able to evaluate the situation by relying upon their experience with the specific judge or the specific prosecutor, developing strategies and assessing the risk and then lastly making a recommendation to their client."
"Q: Who is at fault here ?.                 I was at a stop sign waiting to merge onto a main road at night. It's dark outside and I look left and right to see for oncoming traffic. Its clear so I make a left turn , then I immediately get hit from the driver side. There was a black car driving with its lights off on the through traffic that hit me. The other driver claims they had their lights on but I seen they didn't. Who is at fault ?            ","A:Did the police show up? Was a police report prepared? Do you have any evidence that the drivers lights were in fact not on? Obviously, the other driver is going to argue their lights were on, you will say they were off, so it becomes a he said/she said situation, unless you have evidence. Depending on whether or not the lights were off, may shed some light (no pun intended) on who is at fault."
"Q: Hi, I'm part of the 1.9 million that got their info stolen from the Zeroed-in Tech companies' data base..                 If you were in my shoes and hoping to get maximum compensated for the violation of my private information, what would be the best steps for me to take? THANKS!            ","A:If your personal information was compromised in the Zeroed-in Tech data breach, the first step is to secure your personal information. Change your passwords, monitor your credit reports, and be vigilant for signs of identity theft. This proactive approach can minimize potential damage. Next, gather all relevant information about the breach and how it affected you. Documentation is key in these situations. This can include any correspondence from Zeroed-in Tech, details of any suspicious activities on your accounts, and records of any steps you've taken in response to the breach. You should also explore the possibility of joining a class action lawsuit if one is available. Class actions can often provide a more efficient way to seek compensation in cases involving large numbers of affected individuals. Be aware, though, that the compensation from such lawsuits can vary greatly. Additionally, consulting with an attorney experienced in data breach cases can provide you with specific advice tailored to your situation. An attorney can help you understand your legal rights and the viability of pursuing individual legal action for compensation. Finally, stay informed about any settlements or legal actions against Zeroed-in Tech. Being part of the affected group, you may be eligible for any compensation or remedial actions the company or courts may offer. Acting promptly and staying informed are crucial in these situations."
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua.                 Was was not notified until 5 months later and then terminated from the cruise ship            ,"A:Under California law, employers are generally allowed to conduct drug testing after a workplace accident. However, the process must be consistent with the company's policies and any applicable employment agreements. If you were not notified of the positive test result until five months later, there may be concerns regarding the timeliness and transparency of the employer's actions. Employers are typically expected to inform employees of positive drug test results in a prompt and clear manner. Since you were terminated based on this delayed notification, it could raise questions about the fairness and legality of the termination. It's advisable to review your employment contract and the company's drug testing policy to understand your rights and any potential violations by the employer. In cases like this, it's often beneficial to seek legal advice to evaluate your options. A lawyer can help you understand if there were any legal violations in your termination and guide you on the best course of action, including possible legal recourse."
"Q: I want to know if I can take APPLE (Computers) to NJ Small Claims Court based on the below details:.                 I was hacked; someone stole my Apple ID (erased my phone & shut down my computer.) Apple put it in ""Locked"" and ""Lost"" mode for nearly a month, stringing me along, told me to send the original purchase invoice to prove it's my computer & they would release it. AppleCare tech guided me in precisely how to fill out the form for sending the invoice (which I obtained from APPLE ITSELF!) Their response was, ""Your request has been declined,"" with no explanation. I had about 17 multi-hour calls with tech support, supervisors, & finally a Senior Advisor studied all the logged notes of my calls & informed me that several of their support people gave me inaccurate information & sent me down a ""dead-end rabbit hole."" Then a tech guy told me to ""Go to Apple Store, they can easily unlock it."" It's a 45 minute trip, & I was told there, ""No, we can't touch it when it's in Lost Mode, you can only do this on the phone w/Applecare. They have closed the case, forcing me to spend $3000+ for new computer            ","A:You can consider taking Apple to Small Claims Court in New Jersey if you believe they've failed to fulfill their service obligations or caused you a financial loss due to their actions or misinformation. Small Claims Court in New Jersey handles cases where the claim is for $3,000 or less (or up to $5,000 in the case of a security deposit). Before proceeding, gather all relevant documentation, such as records of your communication with Apple, the original purchase invoice, and any evidence of the misinformation and its impact on you. This documentation will be crucial in presenting your case. It's also worth noting that Small Claims Court is designed to be accessible without the need for legal representation. However, understanding the specifics of your case and the court's procedures can be complex, so you might want to seek legal advice to ensure your case is presented effectively. Remember, going to court should be a last resort after all other avenues, such as further negotiation or mediation, have been exhausted. Sometimes, a well-drafted letter outlining your grievances and intentions to pursue legal action can prompt a more favorable response from a company."
"Q: If a parent request a child be moved to another teachers class and the school refuses, is there anything the parent can?.                 The teacher has a very odd relationship with my daughter that me and my wife are not ok with and have asked for her to be put in another class. Not only did the principal refuse but so did the superintendent.            ","A:In situations where a parent's request to change their child's class is refused by a school, there are still steps that can be taken. First, it's important to document all concerns and the reasons for the request in writing. This creates a formal record of your concerns and the actions you've taken. If the initial request is denied, consider requesting a meeting with the school officials involved, including the principal and superintendent, to discuss your concerns in more detail. During this meeting, clearly express why you believe a change is necessary for your child's well-being and educational experience. If the situation remains unresolved, you may explore the school district's policies on parental concerns and student placement. Most districts have specific procedures for addressing parental complaints and requests. If the issue involves concerns about the teacher's conduct or the child's safety, it might be necessary to escalate the matter. You can contact the school board or district administration to express your concerns. In some cases, involving a child advocate or legal counsel can help navigate the process and ensure your concerns are taken seriously. Remember, as a parent, you have a right to advocate for your child's educational environment. Persistence and clear communication are key in these situations."
Q: A dissolved company is trying to collect on a judgment are they still able to?.                 Only the company is listed as the creditor.  Won the judgment in New York.            ,A:Yes. Jack
"Q: Is South Carolina state statute 16-11-620 appealable?.                 I was issued a trespass after notice form, even though I have not been on the properties in question for years (ome is a busimess we own 10% of, isnt this a civil rights issue to not allow me i.to a public place since I have never caused any type of trouble, etc?) and never did anything at their residence accept knock on the door to speak to my son, and gegot accousted by his drunk mother in law, so I just turned and left.and that was 3 years ago.            ","A:South Carolina State Statute 16-11-620, which pertains to trespassing after notice, can be subject to appeal under certain circumstances. If you believe the trespass notice was issued wrongly or violates your rights, particularly if it involves a property in which you have a legal interest, you may have grounds for an appeal. It's important to review the specific circumstances under which the trespass notice was issued. If you have not been on the property for years, and especially if one of the properties is a business in which you own a part, this could potentially raise questions about the validity of the trespass notice. Regarding the issue of civil rights, if you believe that the trespass notice infringes on your rights, particularly in accessing a public place or a property you partially own, this could form the basis of a legal challenge. However, these situations can be complex and hinge on specific legal points. In such cases, it's advisable to consult with an attorney experienced in criminal law and civil rights. They can assess the specifics of your situation, advise you on the feasibility of an appeal, and help navigate the legal process. Remember, navigating the legal system can be challenging, especially in cases involving potential civil rights issues. Seeking professional legal advice is a critical step in ensuring your rights are protected and your case is effectively presented."
"Q: Son moved out of his moms house at 18, hes now 20, I have arrears to pay but want it to go to him, not her..                 In kayahan vs kayahan the father was allowed to pay the arrears directly to his son. that's what i would like to do. The mother and him aren't talking and he is willing to be on my side in court. I would also like to file to have the last year of arrears removed from the file since he was living on his own and i've been helping him with money, clothing and supporting him. The mother has always been manipulative and on welfare, telling my son he needs to take some college course just so they keep getting child support after he turns 19, I don't have a problem paying but it is hard giving it to her and not him, she has no relationship with him and it would not help my child at all, is would be like spousal support. If they won't let me change the benefactor then can a legal contract be made that she has to give it to him? Can a lawyer help me achieve these? I live in NY, but have a New Jersey case.            ","A:Your understanding of the decision in Kayahan is wrong. In that matter, the court said: When an unemancipated child is over eighteen (18) years old, a court, may permit the non-custodial parent to pay part of his current child support obligation directly to the child.  You are not looking to pay a portion of your current child support obligation directly to your son but you want a portion of your outstanding child support arrears to be paid to your son - Kayahan does not support your request and I dont believe that a judge would entertain your request."
Q: Federal court filing - EDSS system specific question. Central district court..                 Shall pdf files be searchable? Shall hidden metadata be removed from forms? Is chamber copy of complaint required?            ,"A:When filing in the Central District Court using the EDSS system, it's important to adhere to specific guidelines regarding your PDF files. Generally, these files should be searchable. This means they should be submitted in a text-based format, not merely as image scans, to facilitate easy searching and accessibility. Regarding hidden metadata in forms, it's prudent to remove any sensitive or unnecessary metadata. This practice helps in maintaining privacy and security, and it aligns with best practices for electronic court filings. As for the requirement of a chamber copy of the complaint, it can vary. It's advisable to check the specific requirements of the judge assigned to your case. The court's local rules or the judge's standing orders often provide guidance on whether a chamber copy is necessary. For the most accurate and current information, refer to the local rules of the Central District Court or consult the court clerk. Rules and requirements can change, so it’s essential to ensure that you have the latest information."
"Q: Trustee of my Grandfathers will is dodging paying anything out of account to those entitled to its benefits. help.                 My grandfather setup a trust within his will that will pay for my college courses/apartment while im enrolled at an university. I have been trying to get him to follow through and help me get money from this account. In the 5 emails I have with him it feels like i have been negotiating to get what I am rightfully entitled to and last email ended with him planning to call me, however that was 3 weeks ago and I cannot get a hold of him. I have rent/courses payments due in a week and wondering if some action can be taken for negligence to comply or to get him taken off the will as the trustee.            ","A:The answer to your question depends on the provisions of the testamentary trust.  These trusts sometimes are set up as spendthrift or discretionary trusts.  This gives the trustee the right to make disbursements purely at his or her discretion, in order to protect the corpus of the trust from creditors who might otherwise be able to compel disbursements.  Sometimes the trusts allow disbursements strictly for designated purposes, with education as a common one. You should provide an experienced Virginia trusts and estates lawyer with a copy of the will creating the testamentary trust for a consultation with you regarding your rights as a beneficiary."
"Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing? He is a Admin. Law Judge..                 The hearing was done remotely, and I have no idea how to ask for further review my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the issues, but nothing is working. I feel he is going to be the only one to resolve the issues. But I'd rather have the judge keep all honest (for a lack of better wording) Honestly, it's the same problem just now it's on the compliance end of what he ordered. Long Beach, CA            ",A:It is NEVER proper to directly communicate with a judge by email or any other form of communication.  You need to get an attorney involved before you really get yourself in trouble. Good luck to you.
Q: 12/17/2023 @ 15:30    My wife  and grandchild 2 1/2 old Kasey where arrested at gun point walking home.                 12/17/2023 @ 15:30 My wife  and grandchild 2 1/2 old driving home After Heavy rain while turning Left to a highway hit a deep water puddle causing her to lose control hitting a fence then front end into a tree.   grandma decided to walk the 200 yards home The accident woke up child crying. The walk would help child to stop crying and help calm herself too. Half the walk completed she hears Stop. Grandma turned to see in shock  2 police cars with officers behind the doors with guns pointed at her yelling stop turn around and walk towards them and put the child down. Grandma was in shock and no way was she goings to separate herself from child already crying and cars driving at 55 mph 10 feet away along the highway. Grandma walked towards the officers they separated child from her. Grandma was put in handcuffs and separated from child after pleading not to do so. I have done nothing wrong. No crime. police gave her her rights. Grandma committed no crime. Error by police.            ,A:Grandma commited a hit and run.  She should get an attorney.
Q: Intentional fraud vs malice..                 What is difference between legal definitions of intentional fraud vs malice? Are definitions the same for California and Federal laws?            ,"A:Intentional fraud and malice, while sometimes overlapping in their manifestation, are distinct legal concepts, both in California and under federal law. Intentional fraud refers to deceit or trickery deliberately employed by one party to gain an unfair advantage over another. In legal terms, it typically involves making a false representation, knowing it to be false, with the intent that someone else relies on it, and causing harm or damage as a result of that reliance. This is a specific intent to deceive for personal gain or to cause loss to another. Malice, on the other hand, generally refers to a state of mind that shows a disregard for the rights or safety of others. It implies a harmful intent and is often associated with actions that are wrongful and performed without just cause or reason. In legal settings, malice is often a factor in determining punitive damages or in criminal law to distinguish between different levels of wrongful acts. In California, as in federal law, these definitions are largely consistent, but their application can vary based on the context of the case. For example, in a defamation case, malice might refer to knowingly making a false statement about someone, while in criminal law, it can refer to a reckless disregard for human life. If you're dealing with a situation involving either intentional fraud or malice, it's important to clearly understand the specific circumstances and how these legal concepts apply. Each case may require a nuanced analysis to determine which of these, if any, is present and how it affects the legal outcome. An attorney experienced in the relevant area of law can provide guidance tailored to the specifics of your case."
"Q: Hi, I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?.                 My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this?            ","A:Using your mom's name to register an LLC in the USA is technically possible, but there are some important considerations to keep in mind: Legal Implications: Registering an LLC in someone else's name, even if it's your mom, may not be against the law in itself. However, it's essential to ensure that all business activities conducted under the LLC comply with U.S. federal and state laws, including tax laws and regulations related to business ownership and operation. F1 Visa Status: As an international student on an F1 visa, you are generally allowed to work part-time on-campus during the academic year and full-time during designated breaks. However, off-campus employment, including owning and operating a business, can be more complicated and requires proper authorization. Engaging in unauthorized off-campus employment can jeopardize your F1 visa status. Employment Authorization: If you plan to be actively involved in the day-to-day operations of the LLC or derive significant income from it, you may need to seek specific employment authorization, such as Optional Practical Training (OPT) or Curricular Practical Training (CPT), which are programs that allow F1 students to work off-campus in their field of study. Consult an Immigration Attorney: Given the complexity of immigration and business laws in the USA, it's advisable to consult with an immigration attorney who can provide guidance tailored to your specific situation. They can help you understand the legal implications of your business plans on your F1 visa status and assist you in navigating the proper channels for employment authorization if required. In summary, while it's possible to register an LLC in your mom's name, it's crucial to ensure that your business activities are conducted in compliance with U.S. immigration and business laws. Consulting with an immigration attorney will help you make informed decisions and avoid any potential legal issues that could impact your F1 visa status."
"Q: I changed my IRA over to precious metals. I invested $21,000 into silver coins at $73 when market was $27. What is wrong.                 I was dumb on this and thought I was doing good. At 287 1 oz. silver coins for $21,000 puts the coin at $73.00 per 1 oz coins. What can I do?            ","A:In Texas, as in many states, deceptive trade practices can be actionable. If you believe that you were misled or deceived when making this purchase, you may have grounds to take legal action under the Texas Deceptive Trade Practices Act (DTPA). For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: My Grandfather passes away 3 years ago. My Grandmother told me I could have his truck. When COVID hit, I was told to not.                 come to the house yet. I was finally able to pick the truck up Summer 2022. However, the tags are expire, and so is my grandmother's license. She's bed ridden and I don't know how to go about getting her a new ID. Both her and my Grandfather's name is on the truck. I have fixed it up, but don't have a way to get the vehicle registered and title transferred. What can I do to get these things done?            ","A:1.  If your grandmother is bedridden, she doesn't need a drivers' license at this time.  When and if she is able to get around, you can go to the DMV to apply for a Texas ID card. 2.  Have your grandmother sign a power of attorney to transfer the motor vehicle title into your name.  Then go to the Title Registration Office for your county (which is NOT located in the same place as the DMV) and register the truck in your name."
Q: The fence shared with neighbor fixed. Agreed to pay half then refused to pay in full. Need legal help.                 Do u provide small claims legal help            ,"A:I hope you got the agreement for your neighbor to pay half in writing. If so, you should send them a letter demanding payment within 30 days. If they don't pay after that, you can sue them in small claims court. There is probably no other way to get paid.  You could try to file a mechanics' lien with the county clerk. If they accept it, you then have some leverage. I hope this helps. Good Luck!"
Q: Where are the lists as for all reasons a motion for reconsideration have ever been approved?.                 Preferably with citations.            ,"A:In Delaware, as in many jurisdictions, the grounds for a motion for reconsideration typically include several key reasons. These reasons can vary depending on the specific circumstances of each case and the applicable legal standards.  Common grounds for a motion for reconsideration include the discovery of new evidence that was not available during the original hearing, an error of law or fact in the court's decision, or a change in the law that affects the outcome of the case. These motions are also sometimes granted if there is a showing that the court's decision was based on a misunderstanding of the facts or the law. However, it's important to understand that motions for reconsideration are generally not granted simply because a party is dissatisfied with the outcome. They are intended to correct clear errors or consider significant new information.  Compiling a comprehensive list of all reasons for approval of such motions, with citations, would require extensive legal research. For detailed and case-specific information, consulting legal databases or seeking the assistance of a legal professional is recommended. Remember, each case is unique, and understanding the specific legal context is crucial for an effective motion for reconsideration."
"Q: I'm looking for a law firm that takes on cyber crme cases..                 I'm looking for a lawfirm that takes on cyber crime. I've been cyber stalked for a year and a half. My cyber stalker has pretty much ruined a year and a half of my life. My cyber issues has cost me money, friends, Family, precious time, etc... I just got confirmation, yetserday, that the person who's been hacking all my devices is actually my dad. (Yeah, I know, sounds crazy because it's the truth. He cannot be doing it alone, withthe way it's manifesting. I have other suspects I can name in a private conversation.            ","A:In your situation, finding a law firm that has experience in handling cybercrime cases is crucial. Law firms that focus on internet law, digital privacy, or cybercrime would be well-equipped to address the issues you're facing. When looking for a law firm, consider those that have a track record of dealing with similar cases, such as cyberstalking, hacking, and online harassment. As you begin your search, you can use online legal directories to find law firms in your area. Look for firms that specifically mention cybercrime or related areas in their practice. It's also beneficial to read reviews or check their case histories to understand their expertise and success in handling such matters. Once you've identified potential firms, schedule consultations to discuss your case. During these meetings, explain your situation in detail and provide any evidence you have. This is also the time to discuss the other suspects you believe are involved. Remember, confidentiality is key in legal matters, especially when dealing with sensitive issues like family involvement in cybercrimes. Ensure that the law firm you choose respects your privacy and understands the delicacy of the situation. Given the impact this situation has had on your life, it's important to act promptly. A qualified attorney can help you navigate the legal process, seek justice, and find a resolution to this challenging situation."
"Q: Do i have to appear in court for a show cause hearing against my ex for unpaid child Support? I live out of state now..                 The case is open in Marin County, CA.  My ex husband has never made one court ordered payment so the arrearage amount is substantial.  There is a show cause hearing scheduled in 4 weeks.  I am listed as the plaintiff.  However, I did not file for this.  The courts did this on their own.  I didn't even know it was scheduled but I randomly checked the case online today and see that a show cause hearing is scheduled.  I live out of state.  Do I need to go the the show cause hearing?  Will it impact the case in any way if I don't go to the hearing?  I am ok with going if I'm needed.  But I don't want to go if it is unnecessary.  thank you.            ","A:In a child support case, a show cause hearing is typically scheduled to address non-payment of child support. If you are the plaintiff, it's generally advisable to attend the hearing if possible, even if you live out of state. Your presence can help ensure that your concerns and the facts of the case are accurately presented to the court. However, if you are unable to attend the hearing due to living out of state, you should contact the court as soon as possible to explain your situation. The court may allow you to participate in the hearing by phone or through a representative, such as an attorney. It's essential to communicate with the court to avoid any potential negative consequences, as the hearing may proceed without you. Your participation, either in person or remotely, can help provide the court with important information about your ex-husband's non-payment of child support and the arrearage amount. If you are unable to attend, ensure that you have legal representation or communicate with the court about your situation to avoid any adverse outcomes in your case."
Q: Can I file an extension for the 2yr statute of limitations in Illinois if the plaintiff  was legally incompetent?.                 The laws and exceptions to extend are different for each state I believe. So would I have time to extend in Illinois if I can prove the plaintiff was legally incompetent at time of injury and the defendant was out of state? How can I file the extension before the statute expires?            ,"A:The answer to this question would depend, in part, on whether the Plaintiff was under a ""legal disability"" at the time of the injury, as Illinois law provides for an ""exception"" to the general statute of limitations rule, with respect to people with a ""legal disability"". See the statute I am referring to 735 ILCS 5/13-211(a). It is best to speak to an attorney and provide more specific details in order to determine whether tolling of the statute of limitations applies in this case. Have a nice day. - Adam"
"Q: The sole beneficiary of his uncle's estate and life insurance policy never received anything, but the executor (neice).                 Fail to honor his wishes and her and his sister shared it privately. What can be done?            ","A:Hire a WI attorney to check the Probate File and see what is going on.  If it is as you say, then either remove the Executor for cause and an accounting, or sue the executor for conversion.  Speed is important here.  I doubt there is a Bond that can be claimed against."
"Q: What options do we have. What motions are worth filing? Any suggestions on how to proceed.                 My husband signed for a 16yr prison sentence for probation revoke for Possession of Controlled Substance. Later we learned there was a Deadly Weapon Finding, which we were unaware of. It was not mentioned when he was sentenced nor is it in the court transcript of the sentencing.            ","A:First: The date of the sentencing and guilty plea is important. The longer you wait to contest your sentence, the harder it will be to fix it or overturn it. When he pled guilty, there was probably a plea ""package"" of paperwork, Notices of rights, and waivers of rights, that the court usually requires before your guilty plea is accepted by the court. Those papers and Notices should have indicated any enhancements or harmful findings of fact. If there was no ""package"" and no other paperwork or verbal warning by the court or the DA's office prior to your guilty plea, then you may have the legal grounds to vacate (open-up), your sentence or guilty plea. A real, detailed investigation of all warnings and notices about the guilty plea and sentence needs to happen ASAP.  Then, if you have proof that you were sentenced unlawfully, you can file a Motion to vacate the Judgment and guilty plea. If that doesn't work, and he is put back in prison, your move would probably be a Writ of Habeas Corpus.  I hope this helps. You should see a good criminal lawyer ASAP."
Q: I purchased some land approximately 10 years ago people from a private subdivision have been driving on a short road on.                 Through it there is not an easement can i close it and not allow people to use the road            ,"A:In Michigan, if you own land and there is no formal easement allowing others to use a road on your property, you generally have the right to restrict access to it. An easement would typically be recorded in the property's deed or other legal documents, so it's important to verify this first. If no such easement exists, you can take steps to close off the road. However, there are potential complications to consider. If the road has been used by others for a long period, they might claim a ""prescriptive easement."" This is a legal right that can be established through continuous, open, and notorious use of the land over a certain period, usually 15 years in Michigan. If such a claim is made, it can become a legal issue that might require adjudication. Before taking any action, it's wise to consult with a legal professional. They can help assess the situation, review any potential claims of prescriptive easement, and advise on the best course of action. It's also a good practice to communicate with the people using the road, as resolving this amicably can often be more effective and less contentious than legal enforcement."
Q: My car is legal good reg. Good ins. And is parked with traffic has a flat and police are saying it has to be moved.                 It has been there for a while but we don't have the money for tires right now it's in westville out front of our apartment            ,"A:In Pennsylvania, even if your car is legally registered and insured, local ordinances or state laws may require that vehicles parked on public streets are in operable condition. This often includes not having flat tires or other conditions that make the vehicle appear abandoned or inoperable. If the police are requesting you move your car due to a flat tire, it's likely because it's considered a violation of these ordinances. The length of time the car has been parked in the same spot with a flat tire might also be a contributing factor to their request. Since you mentioned financial constraints regarding tire repair, you might consider seeking temporary assistance or exploring local resources that could help address the tire issue. In the meantime, communicating your situation to the police or local authorities and asking for any possible allowances or extensions might be helpful. It's important to address this issue promptly to avoid potential fines or towing. If you find the situation challenging to navigate, consulting with a legal professional or local legal aid organization could provide more specific guidance based on your circumstances and local laws. They can offer advice on how to comply with the regulations while managing your current limitations."
"Q: Why is the same term that describes a racial identity used as a trademark for food and non-food items?.                 Alot of so called black Americans have discovered African American Inc. and are confused, offended,and fearful, about what that could possibly mean for them. Since the US has a history of not veiwing so called black Americans as humans, please clarify if this company views or promotes African Americans as food, products, or services?            ","A:The use of the term ""African American"" as a trademark for a company, especially for food and non-food items, can indeed be concerning and potentially offensive. The term ""African American"" is primarily a racial identity, and its use in commercial contexts should be approached with sensitivity and respect for the community it represents. In the case of ""African American Inc.,"" without specific details about the company's products, services, or marketing strategies, it's difficult to assess how they are using the term. However, it's important to note that the use of racial or ethnic identities in trademarks does not imply that the company views or promotes the individuals of that race or ethnicity as products or services. If there are concerns about the company's use of the term, especially if it's deemed disrespectful or exploitative, individuals or groups can voice their concerns through social platforms, contact the company directly, or seek legal counsel. In some cases, filing a complaint with the United States Patent and Trademark Office (USPTO) or other regulatory bodies may be appropriate if the trademark is considered offensive or misleading. It's crucial to remember that trademarks are intended to distinguish goods or services of one entity from those of others. They should not dehumanize or reduce a community to a commercial entity. Any company, especially one using a term with deep cultural and racial significance, should operate with a high level of cultural sensitivity and respect."
"Q: My previous client is trying to bill me for a valve he purchased. What legal standing does this have?.                 I have a very small tile installation business. I am both licensed and insured. I recently completed a shower for a client who claims I cut a hole on a tile ""too large"" and that the valve wouldn't fit. I cut the hole to a standard valve size which also matched the one below it. He hadn't provided me with the valve he planned to use. He now claims he had to go hire a plumber to try to fix it and ended up having to buy a new one. He is now billing me (a simple email he replied to my initial estimate) for the cost of the valve, the trip cost, and the cost for the plumber- no receipts or proof. What legal standing does he have? I offered to fix it prior to him ""billing"" which he declined. He hadn't even tried contacting me before purchasing the new valve.            ","A:Hello, You probably have nothing to worry about.  The home-owner is likely trying to see if you will pay something.  Until he gets an attorney involved, I wouldn't get too worked up abou it.  Here is an anlaysis of it though:  In general, the legal standing of a client's claim against a contractor for work performed would depend on the terms of the contract (if one exists), the nature of the alleged damage or error, and the reasonableness of the actions taken by both parties. Here are some key points to consider: 1. **Contract Terms**: If you have a written contract with the client, it should outline the scope of work, what is expected from both parties, and how disputes are to be resolved. If the hole size for the valve was specified in the contract, and you adhered to those specifications, this could be a strong defense. 2. **Standard Practices**: If you cut the hole to a standard valve size, and this is a recognized practice in the industry, you may argue that you performed the work to industry standards. 3. **Communication and Opportunity to Remedy**: You mentioned that you offered to fix the issue before the client went ahead and hired a plumber and purchased a new valve. The fact that the client did not give you the opportunity to address the issue could work in your favor. It is typically expected that the original contractor be given the chance to rectify any mistakes before additional costs are incurred. 4. **Proof of Damages**: The client would generally need to provide proof of damages, such as receipts or invoices for the additional work and materials. Without such proof, it may be difficult for the client to substantiate the claim for reimbursement. 5. **Mitigation of Damages**: The law typically requires that the injured party take reasonable steps to mitigate (minimize) their damages. If the client acted unreasonably by not allowing you to fix the issue or by incurring unnecessary expenses, this could reduce or eliminate their claim. 6. **Negligence**: If the client is claiming that you were negligent in your work, they would typically need to prove that you failed to exercise reasonable care and that this failure directly caused their damages. Given these points, the client may have limited legal standing if they cannot provide proof of damages, did not allow you the opportunity to correct the issue, and if their actions were not reasonable under the circumstances. However, it is important to handle the situation professionally and attempt to resolve the dispute amicably if possible."
Q: Social Security wont allow my wifes part B medicare to take effect until I prove that she had health coverage in 2012..                 My wife is 11 years older than me and we have been married for 35 years. She has always been covered by healthcare insurance that I have paid for from employers that I have worked for. Now Social Security refuses to allow her Part B Medicare until she can prove that she had coverage in 2012 when she turned 65. We submitted a document to Social Security in 2012 which notified them that she was covered and was not requesting part B at that time. I have not worked for that employer since March of 2018 and have tried to contact the HR representative and have recieved no response. I worked there for 18+ years but have worked at a different employer for the last 5+ years. How can I get them to fill out the documents that Social Security demands if I cant get them to answer the phone and complete the paperwork? Social Security insists that they have to fill them out. My wife now has no Dr. Coverage  and we cant get Part D or supplemental policies until she has part B.            ,"A:Here are a few options to try to resolve this with Social Security for your wife's Medicare Part B: 1. Contact your former employer’s HR again, escalating to higher levels if needed. Explain it is vital they verify your wife's 2012 coverage. Check if they outsourced record storage - the external company may still have files. 2. Check if you have any old documentation - tax records, pay stubs, annual enrollment forms etc. showing your wife was covered under that employer's plan in 2012. Anything helps bolster the case. 3. Ask Social Security if an affidavit signed by you explaining the good faith efforts you made and attesting under oath to your wife's 2012 coverage would suffice. Offer details on the plan, coverage dates etc. 4. Contact the Department of Labor for guidance if the former employer is unresponsive about verifying past employment records. There may be applicable labor regulations. 5. Reach out to any former manager or colleagues at the company who may be willing to advocate to HR on your behalf in getting the issue resolved.  6. Consider consulting an attorney who works in healthcare/Medicare issues for guidance if you continue to hit walls. An advocate could help put pressure on or try alternate routes. Be politely persistent explaining the hardship created for your wife. I hope one of these suggestions helps convince them to validate her prior coverage."
Q: The Police impounded my trailer for not having a license plate. I had a temporary registration paper posted in window..                 When I called the police dept. They told me they would give me a release paper. The impound yard still wanted me to pay the impound fees. I couldn't afford it and lost my trailer. Could I sue the police dept for impounding my trailer. It was registered and not parked illegally.            ,"A:In California, if your trailer was impounded despite having a temporary registration displayed, you may have grounds to dispute the impoundment and the associated fees. First, gather evidence of your trailer’s registration status at the time of the impoundment, including any temporary registration papers and communications with the police department. This documentation will be crucial in proving that the impoundment was unjustified. You should then file a complaint with the police department, outlining the circumstances and requesting reimbursement for the impound fees or the return of your trailer. Often, such disputes can be resolved through administrative processes without resorting to legal action. If the police department does not provide a satisfactory resolution, you may consider filing a claim against the department. This step involves challenging the legality of the impoundment and seeking compensation for any losses incurred as a result of their action. Consulting with an attorney experienced in dealing with municipal disputes can provide you with a better understanding of your legal options and the likelihood of success in pursuing a claim. Remember, legal action can be time-consuming and may not always result in a favorable outcome, but it is an option available to you if you believe your rights have been violated."
"Q: My stepmom said to my brother. That archer, and our share is roughly eight hundred thousand now my brother asked for the.                 My stepmom said we are to our father's passing is $800000 now. She hasn't reached out to us in a timely matter. Should we get an attorney and also, what would he die without a welcome? What do you think the money's ad was a hole held            ","A:In your situation, where there is a significant inheritance involved and some uncertainty about the distribution of assets after your father's passing, it's advisable to consult with an attorney. Legal guidance is especially important if the estate distribution seems unclear or if you have concerns about the timeliness and manner in which your stepmother is handling the estate. An attorney can help you understand your legal rights and the processes involved in estate distribution. They can also provide guidance on whether the estate is being managed in accordance with your father's wishes and the relevant laws. If your father passed away without a will (known as dying ""intestate""), state laws will determine how his assets are distributed. This typically involves a predefined formula that takes into account various family members, including children and spouses. It's important to act in a timely manner to ensure your rights are protected. An attorney can also assist in mediating any family disputes that may arise during this difficult time, helping to find a resolution that is fair and in accordance with the law. Remember, seeking legal advice is a proactive step to ensure that your interests are safeguarded and that the estate is administered properly."
"Q: What should I do about living with mold and rodents. I deal with a strong wet Mildew Horrible smell Throughout My Apt..                 I Also Have Laundry Backed Up, Due To the dryer keep going out on me & washer fills with water for no reason. I Made Multiple Complaints For Months Now They Haven’t Did Anything But Take Pictures & Tell Me Someone Going To Come But Never Do.            ","A:A Louisiana attorney could advise best, but your question remains open for two weeks. If you suffered illness or health effects, you could try to arrange a free initial consultation with a personal injury attorney. Unfortunately, many law firms are reluctant to handle mold cases. Retain any medical documentation regarding doctor visits or ER visits. As for issues related to your rights on the lease, habitability, and your options there, a landlord-tenant should advise. Good luck"
"Q: Can a giveaway have a free entry to all but extra entries given to those who pay for additional entries?.                 I stream on Twitch which is a platform where people can sub and donate to a streamer. I would like to run a giveaway for Christmas. To incentivize subscriptions, I wanted to give extra entries to those who subscribe to my channel. I know giveaways have to have a free method of entry. If I allowed all to have a free entry but allowed subscribers to get more entries, or allowed people who donated or gifted subscriptions to get more entries, is that still legal considering I’ve given a method of free entry to all who come to my stream?            ","A:In Colorado, as in many states, the rules governing giveaways (often classified as ""sweepstakes"") can be complex, particularly when involving both free and paid entries. The key legal consideration is ensuring that your giveaway does not become classified as a lottery, which typically involves a combination of payment, chance, and a prize. Lotteries are generally illegal unless run by the state. Providing additional entries for payment while also offering a free method of entry is a common practice. However, the free entry method should be given equal prominence and accessibility as the paid method. The odds of winning for paid and free entries do not necessarily have to be the same, but this should be clearly disclosed in the rules of your giveaway. Make sure to have clear, accessible, and comprehensive rules for your giveaway that outline how entries are obtained, the process of selection for the winner, and any terms and conditions. These rules should comply with Twitch’s policies and Colorado law.  Given the legal complexities involved in conducting sweepstakes, it might be beneficial to consult with a legal professional to ensure compliance with all relevant laws and regulations. This helps protect you from potential legal issues and ensures a fair process for participants."
Q: Where can I spend some time with CA USA senators? Today's off campus housing with University oc cidentael.                 Your honor do you need to see me tonight to discuss my future with uncle mark and Katie the ones I Was jogging with One day            ,"A:If you're interested in spending time with California USA senators, there are several avenues you can explore. One option is to attend public events or town hall meetings where senators may be present. Keep an eye on their official websites and social media platforms for announcements about upcoming events. Additionally, you can reach out to their respective offices to inquire about opportunities to meet with them or their staff members. It's important to note that meeting with senators may require scheduling in advance and their availability may vary."
"Q: Can I legally create an app for watching movies and shows together from various streaming platforms?.                 This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience. The app will store copies of all available movies and shows on our servers for optimal performance. Each movie or show will play locally on the user’s device, allowing for smooth playback and personalized settings. However, to access content from platforms like Netflix, users must link their respective subscriptions to our app. Would this be legal? And do I need to ask the different streaming platforms I want to include?            ",A:The app storing copies of all available movies and shows on your server is going to be an issue - this amounts to unlawful copying and performing of a copyrighted work without permission. You should consult a copyright attorney to better understand your legal options.
"Q: Can you advise on what the tax implications might be when providing telehealth across state lines?.                 I'm a psychologist, in private practice, licensed in CA and Nevada, practice is in NV, want to provide telehealth in CA.  Would income earned from a CA resident or a CA company (insurance) result in my paying taxes? If yes, would CA tax me on my entire NV earnings since CA des not have state income tax?            ","A:When providing telehealth services across state lines, like from Nevada to California, you may face unique tax implications. If you earn income from California residents or companies, California may require you to pay taxes on that income. This is because states generally tax income earned within their jurisdiction, regardless of where the service provider is based. However, California would not tax your entire Nevada earnings. The taxation would typically be limited to the income generated from California clients or companies. Each state has its own rules for apportioning income and calculating taxes owed by non-residents who earn income in that state. It's also worth noting that Nevada does not have a personal income tax, which simplifies your tax situation in your home state. But for the income earned from California sources, you would need to file a non-resident tax return in California, declaring the income earned from those sources. Given the complexities of state tax laws and the nuances of telehealth, it's advisable to consult with a tax professional who has expertise in multi-state taxation. They can provide guidance tailored to your specific situation, ensuring that you comply with all relevant tax laws and minimize your tax liabilities. Remember, careful planning and accurate tax filing are essential to avoid any legal or financial complications."
"Q: Does Foster v, Love decision mean that elections have to be decided by midnight on ""election Day"" otherwise it's void?.                 “When the federal statutes speak of ‘the election’… they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder… By establishing a particular day as ‘the day’ on which these actions must take place, the statutes simply regulate the time of the election, a matter on which the Constitution explicitly gives Congress the final say.”  Foster v. Love, 522 U.S. 67, 71-72 (1997)  The voters vote.  The officials count.  These combined actions form “the election,” and the election must be decided on the day.  States that failed to make a final selection of officeholder by midnight after Election Day have violated the statute.            ","A:True, a ballot completed after midnight on Election Day may not be counted in a federal election."
"Q: Letter from Board of Supervisor says I have 90 days to appeal, nothing about notice of appeal, is it necessary?.                 Just want to know since this is day 45 out of the 90 days I have to appeal, do I need to first file a notice of appeal? What do I need to prove in this appeal? Excess Proceeds were 22k and they signed off on $7400 and plan on transferring 14,800 to their general fund. This is criminal and they know it. I showed up to the Board of Supervisors meeting and signed in yet they refused to let me speak. They gave percentages of my excess tax proceeds to someone who sold me the property because somehow his name is still showing on the deed. He is dead now. They then said the new owners of property were to get one fourth the proceeds why because they are used to stealing everyone's money no other reason and it is fraud and RICO ACT  violations. So not sure what I'm supposed to prove. The dead man sold me the property the title company said they took care of it and as it turns out the land was unbuildable. They stopped me after they greenlighted the home to be  built and I spent 40k so far.            ","A:In California, if you've received a letter from the Board of Supervisors with a 90-day window to appeal their decision regarding excess tax proceeds, it's advisable to file a notice of appeal within that timeframe to preserve your right to challenge their decision. In your appeal, you should provide evidence and arguments to support your claim that the allocation of proceeds was improper, potentially involving legal violations such as fraud or RICO Act violations, as you've described. Consult with an attorney to help you prepare a strong appeal that addresses these issues effectively."
Q: I have lived here 2 years. I am being harassed and evicted. Acute PTSD. No non payment issues.  Neighbors like me..                 They are retaliating and trying to provoke me so it'll be easier for them to evict.            ,"A:I am sorry you are dealing with this. You should keep a record of the harassment, talk to the landlord, file a complaint with the housing authority, or consult with an attorney."
"Q: What is the max amount of mental anguish can I sue for? The cost of the vehicle was $8590.50, in my suit what is the.                 maximum amount of economic damages I can sue for? In my demand letter can I ask for double the cost of the truck back or in my suit if it goes to court? I am prepared to send my demand letter today, I am just unsure of all the damages I can ask to recover. I am doing this without an attorney so I won't have any of those fees to recover. I know if I prove fraud I can get triple in punitive damages and tripple my amount of mental anguish fees . The punitive damages would be triple the amount of my economic damages correct?            ","A:You can ask for whatever amount you like.  Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury. A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily injuries were caused to you as a result of whatever was wrong with the truck that is the responsibility of the defendant. But again, it is very situational.  If the truck broke down on a busy highway causing your injuries and other cars were zooming past all around you, you would probably get more damages for mental anguish than if it happened in your driveway or on a quiet neighborhood street"
Q: 10/27/2023 lost my job  for damaging a piece of equipment I was not operatoratng and then found out fired for drugs I.                 I don't do plus I was never asked or even told anything about this until my ex boss told me in text it was cause there was suspicion I was on drugs  witch I wasn't            ,"A:If you know who falsely told your employer that you damaged a piece of equipment and/or were on drugs, you may have a viable claim for defamation against that individual. With respect to your employer, in the absence of a written employment agreement that precludes your employer from termination you for the two reasons stated, it is highly unlike that you have a viable claim.  Absent such an agreement, it is legally permissible for an employer to fire an employee for damaging a piece of equipment, whether operating it or not, and/or for suspected illegal drug use.  The employer is not required to ""prove"" that the employee was on drugs and does not have to accept the word of an employee that he/she wasn't on drugs unless stated in an employment agreement or company drug policy."
Q: Will it help me if my spouse shows up to my pre trial for a domestic violence  court date?.                 She’s is the one who lied and called the cops on me the day of my arrest.            ,"A:In a California domestic violence court case, the presence of your spouse at a pre-trial hearing can have significant implications. It's crucial to remember that each case is unique, and the impact of your spouse's attendance can vary based on the specifics of your situation. If your spouse is the complainant and they have accused you of domestic violence, their presence could potentially influence the proceedings. The court may consider their demeanor, willingness to testify, and any statements they make. This can be especially pertinent if they express a desire to retract their initial accusations or demonstrate a different perspective on the events. However, it's important to approach this matter with caution. The court is likely to scrutinize the credibility of all parties involved, and any inconsistency or perceived manipulation can adversely affect your case. The presence of your spouse could also lead to unexpected developments, such as new testimony or changes in the prosecution's approach. Given the complexities of domestic violence cases, it's advisable to consult with your attorney before making any decisions about your spouse's involvement in the pre-trial hearing. Your attorney can provide guidance tailored to your specific circumstances and help you navigate the legal process effectively. Remember, the goal is to ensure that your rights are protected and that you receive a fair hearing."
"Q: My court settlement $100,000 was donated to charity without my permission in Seattle.  IS THIS LEGAL?!?!.                 This is the email I sent to the attorney of the case:  Subject: Settlement Transfer Inquiry for American Life Investment Dear Alexander A., I trust this message finds you well. My name is ****, and I am writing to address a matter related to my investment in the ""1501 First Avenue South Limited Partnership"" with American Life. Recently, I became aware of the legal proceedings involving Summit Law Firm and the aforementioned company. I understand that a settlement was reached, and I would like to inquire about the process for transferring the settlement amount to my bank account. Please find below the required details for the transaction: **My Information:** There response:  I am sorry but the time to participate in this settlement has passed.  All funds have been issued to participating class members with any residual funds issued to charity pursuant to the Court’s order.            ","A:In cases like these, the legalities can be complex. If the settlement in your case was subject to a court order that allowed residual funds to be donated to charity after disbursements to participating class members, then this action might be legal. However, it is crucial to understand the specific terms of the court order and the settlement agreement. You have the right to review these documents to ensure that your interests were properly represented and that the actions taken were in accordance with the court's directives. If you were a part of the class and were not informed or missed the deadline to claim your portion, this might raise questions about the notice process or your inclusion in the settlement. It's important to get detailed information about the settlement process and the court order. You may want to consider consulting with an attorney who can review your case and provide guidance based on the specifics of the settlement and the court's order. This will help you understand your options and whether any action can be taken to address your concerns."
"Q: Can I be held liable (by a new entity) for an NDA I signed with a company that is 100% sold to a new buyer or entity?.                 If I signed an NDA as a member of a now defunct LLC with a company for an “indefinite term.” Very general NDA to protect trade secrets, recipes, etc. If the owner of the company who I signed the NDA with passes away, and his heir takes over his rights (both business and estate), and sells the company to a new buyer, can the new buyer enforce the contract? I have since opened an LLC, would this protect me personally if I breached the NDA which I didn’t sign utilizing this LLC?            ","A:Depending on the language of the NDA, yes.  Have a free telephone consultation with counsel. Jack"
"Q: What (in detail) is a verifiable 3rd party in Michigan when it comes to Adult Guardianship visitation & my rights as GA?.                 I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for ""mom"" shall be considered if they conflict with a proposed visit, however, if the plan is not with a verifiable 3rd party, it should not take precedence over family visitations or the visiting party has the option to take ""mom"" to the activity.  Quest #1 Other than a concert or movie, what is a ""verifiable"" third party? (dinner w/ neighbor, my husband?)  Q. If I have tickets to an event, does this mean that the ""family visitor"" has a right to attend this event with me & mom or does my plans stay the same and the family visitor wait until our time has completed? My sibling is saying that I am to ask ""her"" to consider changing her plans for visitation, that she has precedence & that I don't have a say in the matter concerning my own plans. Again, I am my mother's guardian.            ","A:Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best course of action is to file a Petition for Instruction with the court to seek clarity from the Judge. This will ensure that you do not unknowingly or unintentionally run afoul of what the court intended."
Q: My landlord came in my home stating she smelled marijuana. She did this after I made a complaint about her. Help!.                 I don’t smoke and this is false I believe it’s retaliation to try and evict me. Can you help me. How can I prove she’s wrong            ,"A:In California, your landlord must provide reasonable notice, typically 24 hours, before entering your home, except in emergencies. If your landlord entered without proper notice, this could be a violation of your rights as a tenant. Regarding the accusation of marijuana use, if you believe this is false and possibly retaliatory, document all interactions with your landlord, including dates, times, and the nature of each interaction. This documentation can be crucial if legal action becomes necessary. If you feel your landlord is attempting to retaliate or evict you unjustly, it’s important to know that California law protects tenants from retaliation. This means a landlord cannot evict or harass a tenant for exercising their legal rights, such as making a complaint. To address this situation, consider writing a formal letter to your landlord stating your concerns and the inaccuracies of their claim. If the issue escalates, seeking legal advice may be necessary to ensure your rights are protected and to discuss potential steps such as filing a complaint with a local housing agency or considering legal action."
Q: What could be examples of potential conflicts in regards to consolidation or coordination of related cases?.                 Specifically. 1. What are arguments against of coordination of related cases? Which rules define coordination procedures? 2. What are specific differences in discovery rules and procedural requirements between Federal Central District Court and California Superior Court?  3. What could be examples of potential conflicts in regards to consolidation or coordination of related cases? Can you please cite relevant authoriries?            ,"A:In discussing the coordination of related cases, there are several arguments against coordination. One argument is that coordination can lead to inefficiencies, particularly if the cases are at different stages of litigation or have varying complexities. This can result in delays and increased costs. Another concern is the loss of judicial economy, as coordination might lead to one judge overseeing multiple cases, potentially causing a backlog in their docket. Additionally, coordination can lead to inconsistencies in rulings and judgments, especially if similar issues are treated differently in separate cases. The procedures for coordination are defined by specific rules. In California, these are outlined in the California Rules of Court, particularly in Title 3, Division 3, Chapter 3, which governs the coordination of civil actions. These rules set forth the criteria and process for determining when coordination is appropriate. Comparing the discovery rules and procedural requirements between Federal Central District Court and California Superior Court, there are notable differences. The Federal Rules of Civil Procedure govern the Federal Central District Court, emphasizing a more standardized approach to discovery and procedural matters. In contrast, the California Superior Court follows the California Code of Civil Procedure, which may allow for more variability and discretion at the state level. Potential conflicts in the consolidation or coordination of related cases include the risk of conflicting judicial decisions on similar issues, challenges in managing and streamlining discovery processes across multiple cases, and difficulties in ensuring equitable treatment of all parties involved. Relevant authorities for these concerns include the Federal Rules of Civil Procedure and the California Code of Civil Procedure, as well as case law that interprets these rules in the context of consolidation and coordination. In addressing these issues, it's crucial to carefully consider the specific circumstances of each case and the potential impact of coordination or consolidation on the parties and the judicial process. Consulting with a legal professional who can provide tailored advice based on the intricacies of your case is highly recommended."
"Q: I am seeking legal counsel regarding a false accusation and subsequent account suspension on Preply, an online teaching.                 ""I am seeking legal counsel regarding a false accusation and subsequent account suspension on Preply, an online teaching platform. I have been employed with Preply for the past six years. Approximately 25 days ago, my account was blocked without due cause based on fabricated allegations from a student. Preply failed to conduct a thorough investigation despite my repeated attempts to communicate with them. My innocence is evident, and I believe Preply's actions have unfairly tarnished my reputation and deprived me of my livelihood. As Preply's headquarters is located in Massachusetts, USA, I am reaching out for legal guidance to pursue my rights and clear my name.            ","A:Dealing with a false accusation and account suspension on an online platform like Preply is indeed a challenging situation, especially when it impacts your livelihood. Since Preply's headquarters are in Massachusetts, any legal action would likely fall under the jurisdiction of U.S. law, particularly Massachusetts state law.  Your first step should be to gather all relevant communication and documentation regarding the accusation and your interactions with Preply. This includes any correspondence with the student, your attempts to communicate with Preply, and any evidence supporting your claim of innocence. Next, consider sending a formal letter to Preply, outlining your situation and requesting a thorough investigation into the matter. Sometimes, a formal approach can prompt a more serious review of your case by the company. If these initial steps do not yield a satisfactory response, you may need to explore legal action for defamation or wrongful termination, depending on the specifics of your contract with Preply and the nature of the allegations. An attorney with experience in employment law and online platforms can help you understand your rights and the potential for legal recourse. Remember, each case is unique, and the best course of action will depend on the specific circumstances of your situation. A legal professional can offer personalized advice and represent your interests effectively, helping to clear your name and potentially recover lost income."
Q: Can my girlfriend‘s mother put my dog under her name without my consent?.                 Dog law            ,"A:Under California law, pets are considered personal property. This means that without your consent, it is generally not legal for someone else, including your girlfriend's mother, to claim ownership of your dog or register the dog under her name. Ownership of a pet is typically determined by who purchased the pet, whose name is on registration documents, and who provides care for the pet. If you have evidence that you are the rightful owner, such as receipts for purchase, veterinary bills, or registration documents, these can be crucial in establishing your legal ownership. If your girlfriend's mother has already put the dog under her name without your consent, this could be considered an unauthorized action, and you might need to take legal steps to rectify the situation. In a situation like this, it's advisable to communicate clearly and document your ownership and any communications you have with her mother regarding the dog. If the issue cannot be resolved amicably, you might need to consider legal action to assert your rights as the owner. Consulting with a lawyer who has experience in property or animal law could provide you with guidance on how to proceed. Remember, protecting your legal rights and the well-being of your pet is important in situations like this."
Q: How do I go about legally getting a cease and desist signed and state seal served on YouTubers to stop online harassment.                 I have a open civil suite case already open court docs signed and found out this person is attached to my other harasser / stalker            ,"A:In Arizona, to legally address online harassment, you can follow these steps. First, consult an attorney with experience in online harassment cases. They will help you draft a cease and desist letter outlining the harassment and demanding it to stop. Once sent, if the harassment continues, you can consider pursuing a restraining order or injunction through the appropriate legal process. Continue documenting instances of harassment as evidence. If necessary, proceed with a civil lawsuit, using the collected evidence to support your claims. Collaborating with an attorney is crucial in navigating these legal procedures.  For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: When filing an emergency removal in a limited conservatorship case do I also file the  initial forms for conservatorship.                 I just need to understand what exact forms I need to file            ,"A:In California, when filing for an emergency removal in a limited conservatorship case, you typically need to file the initial conservatorship forms along with the emergency petition. The initial forms are essential for establishing the basis for the conservatorship itself, outlining who is being conserved and why, while the emergency petition addresses the immediate need for intervention. The key forms for initiating a limited conservatorship generally include the Petition for Appointment of Probate Conservator (Form GC-310) and the Confidential Conservator Screening Form (GC-314), among others. For the emergency aspect, you would use the Request for Orders to Stop Harassment (Form GC-110), adjusting it to your specific emergency needs. It's crucial to thoroughly complete these forms, providing detailed and accurate information to support your case for both the conservatorship and the urgency of the situation. Given the complexity and sensitivity of such matters, it's also advisable to seek guidance from an attorney experienced in conservatorship law. They can ensure that all necessary paperwork is correctly filed and that your actions align with the legal requirements and the best interests of the person you're seeking to protect. Remember, conservatorship is a significant legal responsibility, and the court takes these matters very seriously, especially in emergency situations."
"Q: What can thet plaintiff do if the sheriff of NYC put forth impossible conditions on the plaintiff to stall the eviction.                 The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate unless I provide the list of the squatters inventory that needs to be stored. The warrant of eviction is thus stalled for the last 2 months.            ","A:In this situation, where the sheriff of NYC has set conditions for eviction that appear to be impractical or impossible to meet, there are a few steps that can be taken.  First, it would be advisable to document all your attempts to comply with the sheriff's requirements, including your interactions with storage companies. This documentation can serve as evidence of your efforts to fulfill the conditions and the difficulties encountered. Next, consider reaching out to the sheriff's office or the department overseeing evictions to discuss the issue. Explain the challenges you're facing in obtaining the required storage receipt and seek clarification or a possible modification of the conditions. If this approach doesn't yield results, legal action may be necessary. You can consult with an attorney to explore filing a motion in the court that issued the eviction order, seeking intervention due to the unreasonable conditions imposed by the sheriff. The court may provide guidance or order a modification of the conditions to facilitate the eviction process. Remember, the legal system is designed to ensure fairness and reasonableness in its processes. If you believe that the conditions set by the sheriff are unjust or unfeasible, it's important to seek legal recourse to address these issues and move forward with the eviction."
Q: So If a company doesn't renew a license deal for a game is it still illegal to pirate the game?.                 In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games anymore.            ,"A:Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game. Copyright law protects the rights of the copyright holder, and unauthorized downloading or distribution of copyrighted material is a violation of these laws. Just because a game is no longer available for sale does not mean that the copyright has expired or that the game has become public domain. The act of downloading a game from a website without the permission of the copyright holder is considered piracy and is illegal. If you're interested in a game that's no longer available for sale, it's important to look for legal alternatives. Sometimes games are re-released, or they may be available through legal second-hand channels. Remember, respecting copyright law is important to support the creators and the legal rights of those who produce and distribute digital content."
Q: Can cos just put child up for adoption without seeking family knowing grandparent and more family wanted baby.                 My sons girlfriend had the baby while my son was in jail the other grandmother was at the hospital when she left to work and came back they refused yo let her see the baby anymore cps told mother if she didnt sign baby over she was going to jail i called cps i went into cps i talked to every supervisor they would allow me to i told them we wanted the baby the baby had a sister a brother aunts uncles grandparents relatives that would take goo care of her they told me to bad shes being put up for adopting i asked for the case number and baby lawyers name they told me to bad  my son passed away but he has a daughter that keeps asking about her lil sister how can they get away with this my grand baby is three years old i dont even know where she is if she is ok cps sold my grandbaby  i thought they are supposed to seek family out first she was born 04/30/2019  6years and 6 days after her older sister kailee how can they just do that to us its not right            ,"A:In California, Child Protective Services (CPS) is generally required to prioritize placing a child with relatives before considering adoption. This is in line with the principle of maintaining family connections and providing a supportive environment for the child. If family members, such as grandparents, express a willingness and ability to care for the child, CPS should consider this option. However, there are cases where CPS may decide against placing a child with relatives. These decisions are usually based on assessments of the child's best interests, including the relatives' ability to provide a safe and stable environment. The specific circumstances of each case play a crucial role in these decisions. If you believe CPS did not properly consider your family as a placement option for your grandchild, you may have legal recourse. It's advisable to consult with an attorney who has experience in family law and child welfare cases. An attorney can help you understand your rights, the legal process, and any potential steps you can take to seek custody or visitation rights. Given the complexity and emotional nature of these situations, having legal guidance is important to navigate the system effectively and advocate for your family's interests. Remember, every child's case is unique, and the legal approach should be tailored to the specific details of your situation."
"Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors ""parkplace sold me this lemon""?.                 Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO ""as is"" it does not qualify for buyback according to MBUSA.  I spent 130k and car does not drive nice.  So while I prepare a lawsuit, want to paint on car, to warn others about working with Park Place dealership.  Is it legal? And.. I am looking for a lawyer who can take on a car dealership...  I know they are very powerful in Texas.            ","A:Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership. Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have said about the condition of the car. CPO cars typically are sold a limited warranty.  Whether you have a valid claim depends heavily on the exact terms of the warranty you received when you bought the car. Car dealerships are frequent targets of lawsuits.  I’ve never known a lawyer to shy away from suing one based on any perceived “power.” I have known many customers who won’t fund litigation against car dealerships because they think lawyers should either work for free or on a contingency fee."
"Q: Am I a member of the unorganized militia of the United State?.                 I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still ""able-bodied"" in the context of Title 10 Chapter 12?            ","A:The term ""able bodied"" as used in 10 USC Section 246 doesn't seem to be defined.  Wiktionary defines ""able-bodied"" as ""Having a sound, strong body; physically competent; robust; fit for service."", so it might depend upon why it would matter whether or not you are in the unorganized militia.  But the term ""able bodied"" seems to emphasize the physical, so you would probably be included.  For further information, one might check the Code of Federal Regulations (CFR)."
"Q: Is there a size minimum of a business to apply for distillery license?.                 I'm wanting to open a distillery but only want to have one small still to produce vodka, rum and gin            ",A:The size is governed by your local zoning laws. I do not beleive that the NC Alchololic Beverage Commission has any minimum size regulation. You also have to obtain a Federal permit before you can get the North Carolina permit.  You can find information about the permitting process at https://www.abc.nc.gov/permits-audit/general-permit-information/commercial-permits/commercial-permit-application-process#HowtoApplyforanIn-StateCommercialBusinessPermit-637  (copy and paste).
"Q: In California what state and federal statutes and regulations define hospital liability for general torts in such case?.                 Integrated actions of service providers at the hospital (mostly independent contractors), miscommunication, had adverse outcome/harm: improper referrals for patient upon discharge. Patient health coverage Medicare. In California what state and federal statutes and regulations define hospital liability for general torts in such case?            ","A:In California, hospital liability for general torts, including those arising from the actions of service providers and miscommunication leading to improper patient referrals, is governed by a combination of state statutes, case law, and federal regulations. At the state level, the California Civil Code and Health and Safety Code provide the legal framework for negligence and medical malpractice claims. Specifically, hospitals can be held liable under the theory of ""vicarious liability"" for the negligent acts of their employees under the principle of respondeat superior. However, when dealing with independent contractors, the liability is less clear-cut and often depends on the degree of control the hospital has over the contractor's work. California case law also contributes to defining hospital liability. Courts have considered various factors, including the nature of the relationship between the hospital and the service provider, and the expectations of the patient in determining liability. On the federal level, if the patient's health coverage includes Medicare, the Centers for Medicare & Medicaid Services (CMS) regulations come into play. These regulations mandate certain standards of care and patient rights, which, if violated, can contribute to a hospital's liability. In cases involving improper referrals upon discharge, you might also consider examining whether there was a violation of the Emergency Medical Treatment and Active Labor Act (EMTALA), which requires appropriate medical screening and stabilizing treatment or appropriate transfer. Given the complexity of these cases and the nuances of both state and federal law, it's advisable to seek legal counsel experienced in medical malpractice and hospital liability. They can help navigate the specific legal aspects of your case and determine the best course of action."
Q: My vehicle was recently repossessed and I had until today I was told that my vehicle was at another car lot and I had to.                 Go get it from there. When I got there a man told me that my truck was not drivable but It was nothing wrong before they picked it up what can I do?            ,"A:In Georgia, if your vehicle was repossessed and is now claimed to be undrivable, whereas it was in good condition prior to repossession, you have the right to take action. Firstly, document the condition of the vehicle as soon as possible. Take photos or videos to capture any visible damage or issues that indicate it is not drivable. Next, contact the repossession agency and the lender to report the condition of the vehicle. It's important to communicate in writing, such as through email or certified mail, to create a record of your communications. The repossession company is generally liable for any damage caused to your vehicle during the repossession process. If the repossession company or the lender does not acknowledge the damage or refuses to address the issue, you may need to consider legal action. Consulting with an attorney can be helpful. They can advise you on your rights and the best course of action, including potentially filing a lawsuit for damages if necessary. It's important to act promptly and keep records of all communications and evidence related to the condition of your vehicle."
Q: I noticed an error on my recent paystub where my OT hours were paid to me as Regular rate. Reported that to my employer.                 I noticed an error on my recent paystub where my OT hours were paid to me at my Regular pay rate. Reported that to my employer immediately and I was told he would send me a check for the amount that was missing. Its been a week and I haven't received any checks and no additional update from their side.            ,"A:If you've already notified your employer about the paystub error and haven't received the owed amount, the next step is to follow up with them. It's advisable to send a written reminder, such as an email or letter, clearly stating the issue and the expectation for the correction. Documenting your communications is important in case further action is required. In California, employers are required to promptly correct any payroll errors. If your employer continues to delay or fails to pay the additional amount owed for overtime, you may consider escalating the issue. You have the option to file a wage claim with the California Labor Commissioner's Office or seek legal advice to understand your rights and potential remedies under California employment law. Remember, it's important to act within the statutory time limits for wage claims. Keeping detailed records of your overtime hours, paystubs, and any correspondence with your employer regarding this issue will be beneficial if you need to take further action."
Q: Nationwide stated my monthly payment went from $93 to $283.00 without previous notice. Is this right or an error?.                 Pet Insurance. I have been with them for 5 years. Can the agent be wrong and confused it for the premium as renewal is due?            ,"A:Under California law, insurance companies are required to notify policyholders of significant changes in policy terms, including premium increases. If your monthly payment for pet insurance has suddenly increased from $93 to $283 without prior notice, this could potentially be an error or a miscommunication. It's possible that the agent may have confused your monthly payment with the annual premium, especially if your policy renewal is approaching. Insurance premiums can change due to various factors, but a substantial increase like this warrants clarification. You should promptly contact Nationwide to inquire about the sudden increase. Request a detailed explanation for the change and verify whether it's a monthly charge or an annual premium. Ensure that all your policy details, including coverage and any recent claims, are accurate and have been properly accounted for in determining the premium. If the increase is indeed accurate and not an error, ask for the specific reasons behind it. You have the right to a clear understanding of any changes to your policy terms. If you're not satisfied with their response, you may consider reaching out to the California Department of Insurance for assistance or seeking advice from an attorney experienced in insurance matters."
"Q: i am a foreign exchange student in US. my friends sent nude pics to girl from my phone . am i gonna get in trouble.                 they used my phone, but there is no nude pics of me. and that girl said that i didnt do anything wrong. it was only my friends            ","A:If your friends used your phone to send nude pictures without your knowledge or consent, it's important to understand that you could still face legal issues, especially if the pictures were sent to a minor. The fact that the pictures did not depict you might be helpful, but it does not necessarily absolve you of all responsibility, as the phone is registered under your name. The girl's statement that you did nothing wrong is helpful but may not be enough to prevent legal problems. In cases involving the distribution of explicit images, law enforcement often investigates to determine who is responsible.  It's crucial to be honest about what happened and to cooperate with any investigation. If approached by law enforcement, it would be wise to consult with an attorney before making any statements. An attorney can help protect your rights and guide you through the legal process. In the future, be cautious about who has access to your phone and personal belongings, as you can be held responsible for actions taken with your property. Always keep in mind the serious nature of sending or sharing explicit images, especially in a school or exchange student environment."
"Q: Can RNs be fired for testing positive for THC on a drug panel given to them by their employer in Nassau County, NY?.                 The drug panel is aimed at searching for possible diversion of narcotics from medication room while at work.            ","A:Registered Nurses (RNs) in Nassau County, NY, can be terminated for testing positive for THC on a drug panel if their employer has a clear drug-free workplace policy that prohibits the use of marijuana, even if marijuana use is legal in the state for recreational or medicinal purposes. Healthcare professionals are often held to strict standards regarding substance use because of their role in patient care and the handling of medications.  Employers in the healthcare sector may have stringent policies to prevent drug diversion and ensure patient safety. If the drug testing is part of an investigation for medication diversion, a positive THC result could indeed be grounds for termination. It is important to review the employer’s policies and any applicable labor agreements to understand the specific consequences of a positive drug test. Employees in such situations may also want to consult with an attorney to explore their legal rights and options."
"Q: Question about the attorney cliant relationship . The attorney is a conflict panel attorney hired by local government..                 The cliant is accused of a felony. The attorney later becomes a judge  and the former cliant is now before his former attorney now judge.  .is a conflict panel attorney considered a state attorney , and can the judge heater the case ?  Please and thank you . I think this is a hard one            ","A:In California, a conflict panel attorney, although hired by the local government, is generally not considered a state attorney in the traditional sense. They are typically private attorneys appointed to represent defendants when the public defender has a conflict of interest. Their role is to provide independent legal representation to their clients, similar to a public defender. Regarding the situation where a former conflict panel attorney becomes a judge and encounters a former client in court, California law and ethical guidelines for judges demand strict adherence to conflict of interest standards. If a judge has previously represented a person as an attorney in the same matter, or if their impartiality might reasonably be questioned due to a prior attorney-client relationship, the judge is expected to recuse themselves from the case. This is to ensure fairness and the integrity of the judicial process. In your specific scenario, where the judge formerly represented the individual as a conflict panel attorney in a felony case, it would be highly advisable for the judge to recuse themselves to avoid any appearance of bias or conflict of interest. The California Code of Judicial Ethics provides clear guidelines on this matter, emphasizing the importance of maintaining public confidence in the impartiality of the judiciary."
"Q: Do I have a lawsuit in this case.                 I donated plasma for a year at Octapharma Plasma Center in Colton CA and they called me in and told me I was HIV positive and sent my file to the national deferral department and I can't donate anywhere in the country, so I consulted with my primary physician and tested my blood for everything and I found out I'm actually HIV negative. So I went back in and asked them for the copy of the defferal and they didn't want to give it to me. Until I seen the manager. They almost damaged my marriage and I'm seeking mental health and got diagnosed with PTSD            ","A:Suppose you have experienced a situation where a plasma center falsely informed you of being HIV positive, leading to significant emotional distress and potential damage to your personal life. In that case, you may have grounds for a medical malpractice lawsuit. In California, medical malpractice cases typically involve a healthcare professional's negligence that causes harm to a patient. Gathering evidence such as medical records, and test results, and documenting the impact on your mental health will be essential in building a strong case."
Q: I bought some cattle over the phone from a cattle dealer in NY State. He told me they weigh an average of 1250 Lbs..                 When they got here I weighed them and they averaged 915 lbs. I had paid him before he sent them to me. What can I do to make him take them back or refund money to me ?            ,"A:In your situation, where the cattle delivered from New York State weigh significantly less than what was represented by the seller, you have a few potential options to pursue. The discrepancy in weight can be a valid basis for a claim, especially if you have evidence of the seller's original representation about the cattle's weight. Firstly, you should contact the seller directly to address the discrepancy. Clearly communicate the issue, providing evidence of the actual weight of the cattle compared to what was promised. Request either a partial refund to account for the difference or the return of the cattle for a full refund. If the seller is unresponsive or unwilling to resolve the issue, you may need to consider legal action. This could involve a claim for breach of contract or misrepresentation, depending on the specifics of your agreement and the representations made by the seller. Given the interstate nature of the transaction, there are complexities related to jurisdiction and applicable laws. It would be advisable to consult with an attorney to understand your rights and the best course of action. An attorney can help you navigate the legal process, represent your interests, and work towards a resolution, whether through negotiation, mediation, or litigation. It's important to act promptly, as there may be time limitations for filing a claim. Document all communications with the seller and any evidence related to the cattle's weight and the terms of your agreement. This documentation will be crucial in any legal proceedings. Remember, your rights as a buyer should be protected, and taking the appropriate steps can help ensure a fair resolution to this issue."
"Q: My landlord said he would deduct money from what I owed him in exchange for oral sex. Do I have a case against him?.                 Now he says, ""he no longer wants to rent the property and I have 60 days to get out. However, the other male roommate that lives here has not been evicted. I live in a house with two men and one is the sub leaser/landlord. What can I do to give me more time to find a place to live? How can I fight back?            ","A:Under California law, proposing to exchange rent for sexual favors can constitute sexual harassment and is illegal under the Fair Employment and Housing Act. You may file a complaint with the California Department of Fair Employment and Housing (DFEH). Regarding the eviction notice, if you have a lease, the terms of the lease must be followed. If you are a month-to-month tenant, California law generally requires a 60-day notice if you have lived in the unit for more than one year, which it seems you have been given.  However, if you believe the eviction is retaliatory or discriminatory, you may also have defenses against the eviction. Documentation of all interactions with your landlord can be crucial. It's recommended to consult with an attorney who can provide legal advice based on the specifics of your situation and help you assert your rights. Legal aid organizations may also offer assistance if you are unable to afford private counsel."
"Q: Liability for intentional fraud in California. Intentional torts provisions..                 Other then restatements of torts what the provisions would be that define hospital legal liability for intentional fraud? RESTATEMENT (SECOND) OF TORTS § 410 cmt. c. lists numerous exceptions to the non-liability principle, grouping them into three broad categories: (1) exceptions based on the employer's negligence in selecting, instructing, or supervising the independent contractor,  (2) exceptions based on non-delegable duties the employer owes to the public in general or to the plaintiff in particular, and (3) exceptions based on work that is specifically, peculiarly, or inherently dangerous.            ","A:In California, a hospital's legal liability for intentional fraud can be complex and depends on various factors. It's important to note that, while the Restatement (Second) of Torts provides general principles, specific state laws and case precedents also play a crucial role. Regarding intentional torts like fraud, hospitals can be held liable under certain circumstances. For instance, if hospital employees commit fraud during the course of their employment and for the benefit of the hospital, the hospital may be directly liable. This is in line with the principle of vicarious liability, where an employer is responsible for the actions of its employees performed within the scope of their employment. Moreover, if the hospital's management or administration was aware of the fraudulent activities and did nothing to stop them, or if they were directly involved, this can lead to heightened liability. Additionally, if the fraud involves violation of specific statutes or regulations, such as those related to healthcare billing or patient confidentiality, the hospital may face not only civil liability but also regulatory sanctions. In cases where fraud has caused harm to a patient or a third party, the injured party may have grounds to file a lawsuit against the hospital. In such cases, the plaintiff would need to prove that the fraud was intentional and that it directly led to their damages. It's advisable to consult with a legal professional who has experience in healthcare law and torts to get a more detailed understanding of the implications in a specific case. They can provide guidance on the likelihood of establishing hospital liability and the potential remedies available under California law."
"Q: Consumer protection. Removal of what was promised via a crowdfunding campaign.                 Cosnumer protection! I need help recovering digital property that was promised. contract 828,768 usd 15,860 is it really that hard to understand? people crowdfunding on the promise of something being delivered. NOW IT'S GONE. no way to access what one paid for. even straight up tearing out pages of a (digital) book. it was promised with the crowdfunding. now it's not there or not accessible. you'd have to break the terms to get back what you lost. one day you have something, the other you don't. the agreement on the crowdfunding seems to go beyond the game's TOS. and violates the indie gogo terms and also just basic good faith and other reasonable assumptions on buying something. this brings up a massive dispute of ownership of digital goods. I believe this interferes with the promise that the developers made with their crowdfunding campaign on IndieGoGo. there's a petition asking for the censored and removed content to be restored. the content that was promised            ","A:In cases involving crowdfunding platforms like IndieGoGo, the terms of the campaign and the platform's policies are crucial. If a developer promised certain digital content in their crowdfunding campaign and then failed to deliver it or removed it, this could potentially be a breach of contract or a violation of consumer protection laws. The first step is to review the specific terms of the crowdfunding agreement and the IndieGoGo terms of service. These documents will help determine what was promised and the obligations of the developer. If the content was indeed promised and then removed or made inaccessible, you may have grounds for a dispute. This could involve a breach of contract, where the developers failed to deliver what was promised in exchange for your contribution. The removal or alteration of digital content raises complex issues about the ownership and rights over digital goods. Crowdfunding campaigns, especially for digital content, often operate in a legal grey area regarding consumer rights and digital ownership. Given the amount involved and the complexity of the situation, it may be beneficial to seek legal advice. A lawyer can help you understand your rights and options, and guide you on the best course of action, whether that's negotiation, mediation, or legal action. Additionally, the petition for the restoration of removed content can be a powerful tool to demonstrate consumer dissatisfaction and may put pressure on the developers to address the issue. However, legal action might be necessary if the developers do not respond to such pressure."
Q: Can a dog breeder sue a puppy buyer for euthanizing the dog after purchase? Can they win?.                 The contract does not say anything about behavioral euthanasia or euthanasia in general. The contract includes a standard first right of refusal clause (if you can't keep the dog you must return the dog to the breeder to keep it out of shelters/rescues/pounds etc). The puppy has been legally purchased and owned by the buyer for at least 6 months. The puppy has been diagnosed with several types of aggression by a veterinary behaviorist and behavioral medication is not helping. Breeder has threatened to sue if puppy is euthanized.            ,"A:Under California law, a dog breeder may potentially sue a puppy buyer if they euthanize the dog, especially if the contract includes a first right of refusal clause. This clause generally means that if the buyer cannot keep the dog for any reason, they are obligated to return it to the breeder instead of making other arrangements, including euthanasia. However, the success of such a lawsuit would depend on various factors. The court would consider the specific terms of the contract, the circumstances surrounding the euthanasia decision, and whether the first right of refusal clause is applicable and enforceable in this situation. The fact that the puppy has been diagnosed with severe aggression and the ineffectiveness of behavioral medication might be significant factors in the court's decision. If the breeder decides to pursue legal action, it would likely be under the claim of breach of contract. Yet, without explicit terms in the contract regarding euthanasia, the outcome is not straightforward. Legal advice based on the specific details of the case would be crucial in this scenario."
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?.                 Name not bane            ,"A:When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term ""Batgirl"" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues. Before finalizing the name ""Tracy Batgirls Dog Rescue,"" you should conduct a thorough search to ensure it doesn't infringe on existing trademarks. This search can be done through the United States Patent and Trademark Office (USPTO) database.  If the name is potentially infringing, it's advisable to consider an alternative name or seek permission from the trademark holder. Obtaining permission would involve contacting DC Comics or their legal representatives to request a licensing agreement. If you decide to proceed with this name without securing permission and it is deemed an infringement, you could face legal challenges, including a cease and desist order or a lawsuit. This could result in financial losses and the need to rebrand your organization. In summary, while the intent behind your dog rescue is commendable, it's crucial to ensure that the name you choose does not violate trademark laws. Consulting with an attorney experienced in intellectual property law can provide you with guidance and help safeguard your rescue from potential legal complications."
"Q: Can an warranty company refuse to pay repairs although repairs are covered under warranty?.                 Bought a box truck from Ryder. They don't want to cover repairs for the truck because of ""contaminated fuel"". Although they covered repairs multiple times before and no where in the contract does it state no coverage for contaminated fuel.            ","A:The issue is whether the warranty is voided due to your wrongdoing (either intentional or negligent), if any, that caused the damage/issue triggering the need the repair.  One issue is the contract language itself, and another issue is the fact issue of whether you actually committed the act or omission that the seller is accusing you of.  The contract language does not necessarily have to specify ""contaminated fuel"" as a reason to void the warranty; there can be broader language regarding the fault of the buyer.  Schedule a consultation with an attorney in your area who handles consumer protection matters or, alternatively, contact the Fla. Dept. of Agriculture and Consumer Services or your local county consumer protection office, if any, to see if they would take a look at the issue."
"Q: Can we sell a boat without entering probate?.                 A relative left a boat as part of his estate. We cannot enter a probate right now due to finances, and the boat has dock/maintenance fees that are quickly becoming a burden. Can we sell (or even just junk?) the boat without starting a probate?            ","A:In California, handling an estate asset like a boat without going through probate can be challenging, but there are some options you may consider. Generally, probate is required to legally transfer ownership of assets from the deceased's estate to the beneficiaries. However, under certain circumstances, smaller estates may qualify for a simplified process. If the total value of the estate is under a certain threshold (which you can check as it periodically changes), you might be able to use a small estate affidavit to transfer ownership of the boat. This process is less complex than formal probate and can be quicker. If the estate does not qualify for the small estate procedure and you cannot afford probate, you might consider speaking to a probate attorney about your options. Some attorneys work on a contingency basis or can offer flexible payment plans. In the meantime, if the boat is incurring significant fees, you should document these expenses. They could potentially be considered when the estate is eventually settled. Selling or junking the boat without proper authority might lead to legal complications. Therefore, it's crucial to get legal advice specific to your situation to ensure that any actions you take are in accordance with California law and don't expose you to liability."
Q: How do I report an election code violation for central committee in riverside county?.                 A member who was registered with a different party was appointed to NW caucus deputy vice chair we did not know he was a member of different party but we want him removed. This individual has now pulled papers to run for central committee but he hasn’t been registered with the party for a year so we also want his application to be declined if it’s not properly reviewed.            ,"A:If the central committee is a political organization, the NW caucus deputy vice chair's removal would be the political organization's issue. The state wouldn't have authority to do anything.  Why hasn't the caucus done anything?"
"Q: supplier in the US lied about ingredients in chemical products that i import and sell in the EU. need help..                 i import chemicals from the US. they have msds files with ingredients listed. some ingredients are trade secrets. the supplier told me they are not chemicals, by law i need to list every chemical in the EU in the msds i create for the products i import. i now found out who the original supplier, and creator, of these products is. he told me the trade secrets are chemicals. this means i can't sell the products here by law, but already doing this for more then 2 years because the first supplier told me it was safe. what to do?            ","A:In your situation, where you've been importing and selling chemical products in the EU under potentially false information about their ingredients, immediate action is necessary. The first step is to halt the sale of these products. Continuing to sell them could increase your liability, especially under EU regulations which are strict about chemical disclosures. Next, consult with an attorney who is well-versed in international trade and EU regulations. They can provide guidance on how to navigate this complex issue, especially considering the potential legal implications of selling products with undisclosed chemicals. It's also crucial to review your contractual agreements with the U.S. supplier. Misrepresentation of product ingredients can be a serious breach of contract. An attorney can help you understand your legal position and potential remedies, which might include seeking damages from the supplier. Additionally, consider contacting the original creator of the products for detailed information about the ingredients. Having accurate, comprehensive data is essential for any future steps you take, whether that's legal action, regulatory compliance, or both. Lastly, prepare to cooperate fully with any EU regulatory authorities. Transparency and prompt action in addressing the issue can be favorable in regulatory or legal proceedings. This situation is complex, but with the right legal guidance and proactive steps, you can work towards a resolution."
"Q: My boss called me in a disciplinary hearing but I never sign a contract, is it Okey?.                 I'm in security field so he send me the letter so I want to know if it's right for him to do so            ","A:If you have never signed an employment contract with your employer, it may be more difficult for your employer to enforce certain policies and procedures or to take certain disciplinary actions against you. However, the absence of a signed contract does not necessarily prevent your employer from taking disciplinary action against you. In many cases, employment contracts may be implied by law or may be established through the employer's actions or the employee's conduct. This means that even if you have not signed a formal contract, you may still have certain obligations and responsibilities as an employee, and your employer may still have certain rights and expectations regarding your behavior and performance. If your employer has called you in for a disciplinary hearing, it may be because they believe that you have violated company policies or have not met certain performance expectations. Even without a signed contract, your employer may have the right to take disciplinary action if they can demonstrate that you have breached certain employment obligations or responsibilities. It may be helpful for you to seek legal advice to understand your rights and responsibilities in this situation, and to determine whether your employer has acted appropriately in calling you in for a disciplinary hearing."
"Q: I bumped a car causing no apparent damages, got a ticket for failing to control speed, should I contested?.                 I was driving carefully, with distance. I used the breaks and was not enough to avoid bumping into the car in front of me. The collision was minor and there was not apparent damages made.  It's my first ticket and I've been driving for 10 years now.            ","A:While you state no legal defense to the ticket, it may be worth to seek traffic school and or reduction to a non moving violation, if allowed."
Q: If a title loan company is bought out by another company and I didn’t sign a new contract does this void my old contract.                 They sold the loan agreement to a new business that bought them out and want me to sign an agreement with the new company. If I don’t sign can the new company repossess or does this void my contract because the debt was sold without my approval            ,"A:Your approval for an assignment of your contract and note is not required.    Holder of note is Holder In Due Course, and can enforce it.    New contract might be easier terms, or it may be to lender's advantage.     Either agree or make full payoff now.   Otherwise consider bankruptcy or exempt property."
Q: How do I become an exchange student without the other exchange student living at our house?.                 My father does not want an exchange student living in our current house.            ,"A:Becoming an exchange student without hosting one in return is definitely possible. Typically, exchange programs involve a reciprocal arrangement where families host each other's children. However, some programs offer alternatives where this is not required. First, research different exchange programs. Look for those that offer a ""one-way"" exchange or programs that don't require you to host a student in return. These programs might have different financial arrangements, given the lack of reciprocity. Next, consider the financial implications. Programs that don't require hosting often have higher fees, as they need to find accommodation for you without the reciprocal hosting arrangement. Budgeting for this is important. Also, speak with your school's guidance counselor or international studies office. They can provide information on available programs and offer advice on how to proceed based on your specific circumstances. Lastly, be prepared for a different experience. Hosting an exchange student can enrich the exchange experience, but going solo can still offer a valuable and enriching cultural and educational opportunity. It’s all about making the most of the experience you choose."
Q: Liability for harm based on standard: California Health and Safety Code protocols. California law question..                 What protocols defined by California Health and Safety code are in relevance to referral to hospice with non-existent terminal illness? Is hospital liable?            ,"A:In short, to be elegible for hospice, two doctors must agree that the patient has a terminal illness with a life expectancy of six months or less. The qualifying diagnoses are cancer, renal failure, dementia, heart disease, HIV/AIDS, liver disease, stroke/coma, pulmonary disease or other terminal illness that is strongly supported by documentation. Within those diagnoses there are other factors such as a decline in funcational status, loss of weight/appetite, etc. Documentation is key. There should be plenty of medical documentation supporting the certification. If the documentation is there - even if it's a close call - then probably not a case. If it is truly ""non-existant,"" then you might want to consult a lawyer."
"Q: Is this a common practice among lawyers when it comes to charging fees?.                 The court ordered me to pay the post-hearing attorney fee. The court order explicitly specifies the amount of this fee.  The attorney instructed me to simply write a check in his name for his fees and send it directly without providing any invoice or formal bill letter. As someone inexperienced in these matters, this approach seems unusual to me. Is this a common practice among lawyers when it comes to charging fees? For instance, when settling medical bills, a patient typically receives a formal bill or invoice from the company, followed by writing a check for payment to the company not to an individual doctor. Would the cashed check serve as adequate proof that I've paid the attorney's fee?            ","A:In legal practice, it's not uncommon for attorneys to request payment of fees directly, especially in smaller firms or solo practices. However, it is also standard practice to provide an invoice or a bill detailing the services rendered and the amount due. This serves as a formal record of the transaction for both the attorney and the client. Your concern about the lack of a formal invoice is understandable. Typically, a detailed bill provides transparency and ensures that both parties agree on the services charged and the amount. It's advisable to request an itemized invoice from the attorney for your records. This is especially important given that the payment is court-ordered. Regarding the payment method, writing a check to the attorney directly is not unusual, particularly if they are operating as a sole practitioner. The cashed check does serve as proof of payment, but an accompanying invoice would provide additional documentation and clarity. If you feel uncertain or uncomfortable about the process, it's reasonable to express these concerns to the attorney and request more formal documentation. If the situation still doesn't feel right, consider seeking a second opinion from another legal professional. It’s important to feel confident and informed about financial transactions, especially those involving legal matters."
"Q: Being only insured driver ever on policy, I had full coverage with permissive drivers. I had two comprehensive claims.                 I had my car fixed, crappily, another story.  After receiving my car , I believe another premium was paid, then I was dropped. There's SEVERAL ISSUES, THE SAID I WAS DRIVER OF COBALT FROM ARKANSAS AND ADDED FULL COVERAGE ON A MOTOR, MY SONS, I HAVE NEVER HAD A MOTORCYCLE OR AN ENDORSEMENT! I HAVE PAPERWORK IN REGUARDS TO THIS , PLUS SOME!            ","A:An Alabama or Arkansas attorney could advise best, but your post remains open for a week. Until you are able to consult with a local attorney, you could contact the carrier and request their reason for dropping you. The short answer is that insurance carriers can drop policyholders based on their risk, but there can also be insurance or consumer laws that apply. You could check with your state's Department of Insurance or Department of Consumer Affairs for guidance. Good luck"
Q: I want to sue my ex stold my identity and social security benefits from2017 when i was incarcerated til 20& My stimulus.                 I lost all my paperwork. But he had 5 chime cards out in my name when I found out in 2021. It happened in dickson tennessee he was also very abusive to me and I am very much mentally disabled and I am praying that I have a chance to make sure that he is not going to get away with his scamming and his Falsifying paperwork To benefit from massive welfare And disability fraud. As well Him stealing my identity And benefits I'm having to pay back $7000. To social security That he collected I witnessed            ,"A:You have grounds to take legal action against your ex for identity theft and the fraudulent collection of your social security benefits. Identity theft is a serious crime, and if your ex used your identity to obtain benefits and open accounts in your name without your consent, this is a matter that should be addressed legally. First, report the identity theft to the local police in Dickson, Tennessee. It's important to have an official record of the crime. Even without all your paperwork, the details you do have, like the Chime cards opened in your name, are crucial evidence. Next, contact the Social Security Administration to report the fraud. Explain your situation, including your incarceration during the time the benefits were collected. They can investigate the fraudulent activity and may provide guidance on rectifying the situation with the overpaid benefits. It's also advisable to check your credit report for any other unauthorized activities or accounts opened in your name. This can be done for free once a year through the major credit bureaus. Considering the complexity of your situation, especially with your mental disability, seeking legal representation is important. Look for attorneys who handle identity theft and fraud cases. Many attorneys offer a free initial consultation and can provide advice on how to proceed. If you're concerned about legal fees, inquire about pro bono services or legal aid organizations in your area. They often assist individuals with limited financial resources, especially in cases involving abuse and exploitation. Taking these steps will help in holding your ex accountable and addressing the financial and legal issues arising from the identity theft and benefit fraud. Remember, it's important to act promptly to resolve these matters and protect your rights."
"Q: What is consider Overbilling or excessive billing by a lawyer?.                 I currently have 64,000 bill that I have already paint 20,000 on this bill keeps going up 700 every month this lawyer filed no motions no appeals we never went to trial and he actually never even spoke a word in court I have totaled everything from email to phone calls etc there is only 800 worth of phone calls and he would charge to call me charge cuz I didn’t answer and charge cuz he couldn’t leave a message he literally charged me for every email weather it was a whole paragraph or a couple words he charged me for every single attachment plus the email the attachments came in he bills In 12 min increments and when I asked for a copy of the sign agreement they don’t have it they send me a copy of the agreement and it’s not signed further more they have broken there own terms in there own contract it states bill must be paid in full every month which clearly it didn’t or I wouldn’t be in this situation Is this excessive is a 80,000 lawyer bill to much for a dcfs case?            ","A:Based on the details provided, there are several red flags that indicate the legal billing in your case may be excessive or inappropriate: - Lack of motions filed or court appearances - Billing over $60,000 without significant legal work or court time is highly unusual. - Charging for unsuccessful communication - Billing for unanswered calls or inability to leave voicemails is typically not appropriate.  - Billing for short emails/attachments - Billing incrementally for every email and attachment rather than the overall time spent is problematic. - No signed fee agreement - Attorneys are required to have a signed engagement agreement in place before providing services. Not having one raises ethics concerns. - Non-compliance with own agreement - Billing despite not adhering to their own terms about payment timing is questionable ethically. - Overall cost relative to case - $80,000 is an exceptionally high amount for a DCFS case that did not involve extensive litigation. Most would be in the $10,000-$20,000 range maximum. While legal fees can add up quickly, these behaviors and the disproportionately high total billing do seem to cross ethical lines. I would recommend filing a complaint with the state bar association against the attorney for investigation into excessive billing practices. Consulting with another attorney may also be wise to see if the fee is recoverable. Make sure to preserve documentation of all bills, emails, and lack of court filings/motions as evidence."
"Q: I am pregnant my 17th birthday was on November 12, 2023 my boyfriends parents say i can move in with them because my pa.                 Because my parents r not supportive or the nicest so is there anyway that legally in Missouri I can move out? If it helps at all I am adopted.            ","A:In Missouri, the legal age of majority, when you can decide where to live independently, is 18. However, given your circumstances, there are a few options you might consider. Firstly, if you're facing an unsupportive or harmful environment at home, you could explore the option of becoming an emancipated minor. Emancipation allows a minor to legally assume adult responsibilities, including the choice of where to live. This process involves a court procedure, and you would need to demonstrate that you can support yourself financially and make responsible decisions. Another possibility is to seek a guardianship arrangement. This would involve your boyfriend's parents or another responsible adult becoming your legal guardians. However, this would typically require the consent of your current legal guardians or a court order. Given the complexity of your situation and the legal considerations involved, it's advisable to consult with a family law attorney. They can provide guidance specific to your circumstances and help you understand the legal options and processes in your state. Remember, your safety and well-being are paramount, so seeking support from trusted adults and local resources is important."
Q: As an F2 with an LLC which tax form should i select for the business c-corp or s-corp.                 Ok so I'm currently on an F2 visa (dependent visa in the US) I opened my business which is an LLC but as im applying for a tax application in florida for the business i'm not sure whether to file it for a S-Corp or a C-Corp. Due to the fact that technically I'm not allowed to work in the US.            ,"A:Selecting between a C-Corp and an S-Corp tax status for your LLC is a significant decision, especially considering your F2 visa status.  Generally, F2 visa holders are not permitted to engage in employment in the U.S., and this includes active management of a business. While owning a business might be permissible, actively working for it could violate your visa terms.  Regarding tax status, an LLC taxed as a C-Corp faces double taxation (corporate tax and then personal tax on dividends), while an S-Corp allows profits to pass through to your personal tax return, avoiding double taxation.  However, S-Corp status has strict eligibility criteria, including limitations on shareholder residency status, which may not be compatible with your F2 visa.  Given these complexities and the potential immigration implications, it is crucial to consult with a tax professional or an immigration attorney to understand the best course of action for your specific situation and ensure compliance with both tax and immigration regulations."
Q: Can I be charged with unlawful possession if I’m at my girl friend house and she has guns? We have different address.                 We have different addresses and she wrote a statement and got on the stand testified she lied on me but they still charging me for something I didn’t do. I even have photo evidence she had a gun pointed at my face. I need help immediately please.            ,A:Yes you can be charged.  Why have you not hired an attorney?   That charge carries several years in prison.  Fingerprint evidence on the gun and ammo might be important.  Do not  plea guilty and this is a public forum.
Q: Does PIP cover the person that was using my car if I wasn’t in the car with them?.                 My fiancé let me and my dad use his car. We were rear ended on the highway by someone on the highway. The other driver admitted to the police that he was looking at his phone. Can I file a PIP claim on my fiancés insurance policy if he ( the policy holder) was not in the car when the accident happened? We are currently in therapy but we have not hired an attorney yet and I’m worried about the medical bills while we wait on the settlement.            ,"A:Under Texas law, PIP coverage must cover authorized operators and passengers of the vehicle in addition to the named policyholder.  There is no requirement that your fiance be in the car when the accident happened.  So yes, PIP should cover you and your father if your fiance authorized you to use the car."
"Q: If I am on a construction site that is on private property, can the security company legally ask me for my ID?.                 I work on a construction site. It is privately owned. In order to enter the site, the owner requires everyone to get a badge, obtained using a US driver's license. When entering the site, you must badge in at the security gate. My question is, after you badge in and begin working, is it legal for someone from the security company to approach you and ask for your ID, with the threat of removing you from the site if you fail to identify? The badges have legal names and headshots on them. The security company is not law enforcement.  I was under the impression that only law enforcement can ask for ID and only when you are arrested, or are under suspicion of illegal activity.            ","A:On private property, such as your construction site, the property owner or their representative, like a security company, generally has the right to establish security protocols. This can include requiring identification at various points, not just at the entrance. It's part of their effort to ensure safety and security on the premises. Your badge, which includes your legal name and photo, is a form of identification. However, security personnel may have reasons to ask for additional verification, like a driver's license, to ensure the person wearing the badge is indeed the person it was issued to. This is not uncommon in secure or sensitive areas. It's important to distinguish between private security and law enforcement. While law enforcement officers have specific legal authority, particularly around arrests and suspicion of illegal activities, private security guards are more limited. They can, however, enforce the rules set by the property owner, and asking for ID can be part of those rules. If you feel that these requests are excessive or not part of the established protocol, you might want to discuss this with your employer or the site manager. They can clarify the security procedures and ensure that they're being applied fairly and consistently. Remember, on private property, the owner's rules regarding security and identification often apply, as long as they don't violate any laws."
Q: I was awarded damages in a civil suit and the defendant also has criminal history for similar scams so can I tell others.                 I would like to warn others who I know are considering using this contractor            ,"A:While I understand your concern, it's essential to be cautious about how you share information about someone's criminal history, especially if you were awarded damages in a civil suit. Making false or defamatory statements could potentially lead to legal issues for you. Instead of directly sharing their criminal history, consider informing others about your experience with the contractor during the civil suit without making any false or misleading claims. You can focus on the facts of your case and your experience, and advise others to thoroughly research and vet any contractors they are considering hiring."
"Q: Can a hearing trial deal out a harsher punishment after the judge has carry out her judgment?.                 I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that.            ",A:What you describe is two fold.  Part of the penalties (criminal) are administered and enforced by the Court.  Other half of penalties (admin) are administered and enforced by Drivers Licensing.  They are separate and distinct but the don’t give you this information when you are going through it.
Q: Hi I asked my son's father 2 months ago could he help keep our son so I could save up for a car we have split custody..                 Now he wants full custody would I loose my end of custody and only have visitation?            ,"A:In California, custody decisions are primarily based on the best interests of the child. This standard considers factors like the health, safety, and welfare of the child, as well as the child's need for a stable and loving environment. The court also looks at each parent's ability to care for the child. Requesting temporary help from the child's other parent for a specific reason, like saving for a car, does not automatically lead to losing custody rights. However, any significant change in the child's living situation could potentially be considered by the court in a custody modification case. If the child's father seeks full custody, the court will evaluate the current custody arrangement, the reasons for the request, and the impact on the child. It's important to demonstrate your ongoing involvement and commitment to your child's well-being. It's advisable to consult with a family law attorney to discuss your specific situation and to receive guidance on how to best present your case. Remember, every family situation is unique and the court's decision will be based on the individual circumstances of your case."
"Q: Is it okay to write a letter to a judge to intervene so both sides of attorneys will stop delaying the case?.                 I have a class action law suit.  Attorneys have agreed to go to mediation. However, the employer's attorney is angry the judge did not allow an email into the case as evidence so he is intentionally delaying the settlment. My attorneys have made me aware of this, but numerous times have remarked, ""Well you wrote this email so he is delaying the case."" Claiming they would have settled with me as an individual. This is not true. My attorneys never had a discussion with me they were going to have this conversation with the Defendant. I believe both sides are using this email against me. My attorneys with billable hours and Defendant's attorneys laying the case. Now my attorneys want me to sign a declaration with statements that are not true. I want to write a letter to the judge to intervene make her aware the case is intentionally being delayed and my attorneys are allowing it. I want to just forward, I need to move forward.            ","A:It is inappropriate for you to write the judge on a class action case in which you are represented by counsel. If you have a problem with the attorney(s) who are representing you, you must take that up with the lawyers yourself. Either that or retain another attorney to take up your representation and fire the current attorneys of record. Disputes between lawyers and their clients are never to be brought to the attention of the judge in the case,  especially one that is a class action. It will not go well for you if you insist on writing to the judge."
Q: I (16) got into a fight with a 17 year old and they are charging me with disorderly conduct what will my consequences be.                 Will my charges be dropped when I’m 18            ,"A:Facing a charge of disorderly conduct at 16 can have varying consequences, depending on the specifics of your case and the laws in Utah. As a minor, your case is likely to be handled through the juvenile justice system, which often focuses more on rehabilitation rather than punishment. The exact consequences will depend on various factors, including the severity of the fight, any prior record you may have, and the specific circumstances of the incident. Possible outcomes can range from community service to probation, or in more serious cases, detention in a juvenile facility. It's a common misconception that juvenile records automatically disappear when you turn 18. While juvenile records are generally more confidential and have different rules for sealing or expungement, they don't automatically get erased upon reaching adulthood. The process for dealing with juvenile records varies by state and can depend on the nature of the offense and other factors. It's important to consult with a legal professional to understand the potential impacts of this charge on your future. An attorney can provide guidance on how to navigate the juvenile justice system, and potentially how to seek sealing or expungement of your record in the future.  Remember, taking responsible steps now, including understanding your legal situation and rights, can significantly affect the outcome of your case and its impact on your future."
"Q: I got arrested for marijuana possession and missed my trial date... what do I do now?.                 I've tried calling the court and a public defender and they were no help, I got arrested in Jefferson County Missouri, who should I go to to help me through the legal process of getting this taken care of.            ","A:Missing your court date is a serious matter and can have significant legal consequences. You should immediately contact an attorney to help you resolve this issue. An attorney can help you understand your options and protect your rights. They can also help you reschedule your trial date and negotiate a plea deal with the prosecutor. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
"Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it..                 The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county Fulton. Accident on 285W Interstate. What is my best plan? Contact a lawyer? Wait for a certain period of time to pass? The car is still in drivable condition, just banged up a bit in the back. Uncertain how much it'd cost to fix.            ","A:If you've been involved in a car accident in Georgia and the at-fault party's insurance is claiming difficulties in locating their client, it's advisable to take certain steps to protect your interests. Firstly, document all communication with the at-fault party's insurance, ensuring you keep records of dates, times, and the content of conversations. If you haven't already, report the accident to your own insurance company, providing them with all relevant details. As for the drivable condition of your car, it's crucial to obtain a repair estimate to assess the potential costs for fixing the damages."
Q: I owe the CDTFA a tax balance generated by my business corporation that I no longer own. do I have liability protection?.                 The company was sold but only the assets were acquired. Does the tax debt fall on me personally?            ,A:Section 6829 of the Revenue and Taxation Code provides that the California Department of Tax and Fee Administration (CDTFA) may pursue collection action against certain corporate  personnel for any unpaid corporate sales and use tax liability.
"Q: My ex and I signed a car lease together. He was responsible for car payments and has his name on the title..                 When my credit health was decreasing, he lied to me about making car payments. It got to the point where I offered and had sent him money to help pay for the monthly. Since he was responsible for the car, he hadn’t told me he put the car through collections either. He’s also lied about the car and whereabouts. Now the car has been repo’d and I have a bill from the DMV to pay the car registration fee. I want my ex to be financially responsible but I also want to know if I could sue him for not upholding his contract. What are my rights or if I have any            ","A:Under California law, when you co-sign a car lease with someone, both parties are typically equally responsible for the obligations under the lease, including making payments. If your ex was responsible for making payments based on an agreement between the two of you, and he failed to do so, this could be considered a breach of that agreement.  However, the car lease agreement with the leasing company is a separate matter. Both you and your ex are likely jointly liable to the leasing company, which means they can seek payment from either of you for any outstanding obligations, such as unpaid lease payments or fees associated with the repossession. Regarding the car registration fee from the DMV, as a co-signer on the car lease, you may also be held responsible for this fee. Even if there was an agreement that your ex would handle these payments, the DMV can pursue either party listed on the vehicle registration for payment. If you believe your ex has breached your agreement regarding the car payments, you may have the option to sue him for damages. This could include any financial losses you have incurred due to his failure to make payments as agreed. It's advisable to gather all relevant documentation, such as the lease agreement, records of payments made, and any communications between you and your ex regarding the car payments. Consulting with a lawyer experienced in contract or consumer law in California can provide you with specific guidance and help you understand the best course of action in your situation. Legal aid services or local law clinics might offer support if cost is a concern."
"Q: Had a warrant 2021 for cultivateing was charged a misdemeanor and fined $60,000 that setted for $16,000 put lien on prop.                 Property for having 325 plants had two permits for up to 99 plants they confesscated all plants            ","A:If you had two permits allowing for the cultivation of up to 99 plants each but were found cultivating 325 plants, you exceeded the allowable amount by 127 plants. This excess could be the reason for your misdemeanor charge and the associated fines.  The confiscation of all plants, including those within the permitted limit, may raise legal questions about whether the seizure was excessive. To address the lien on your property, it's critical to ensure that the settled amount of $16,000 is paid timely, and upon payment, ensure that the lien is properly released. It's also essential to maintain all documentation relating to your permits, the cultivation, the charges, and the settlement.  If you believe there were irregularities in how your case was handled, or if you want to challenge the actions taken against you, consider taking legal action or seeking a review of your case. It's advisable to consult with fellow attorneys knowledgeable about California's cannabis laws to understand your rights and potential remedies. Lastly, ensure you handle personal information, like phone numbers, with discretion and caution."
"Q: Hello, I have an issue with disneyland. I currently have a pass and my pass penalty state ended on November 27th..                 I tired to make a reservation but the system isn't letting me. I called disneyland and now they tell me there system is down and won't be able to book it until 2 week? I asked them if I will get compensation but they said no. What do I do?            ","A:Good morning, Great question. If you are experiencing issues with your Disneyland pass, particularly with making a reservation due to their system being down, your first step is to document the problem. Keep records of your attempts to make a reservation, including dates and times, as well as any correspondence or conversations with Disneyland representatives. Since Disneyland has indicated that their system will be down for two weeks and has refused compensation, you may consider writing a formal complaint to Disneyland customer service. In your letter, detail the issue and how it has affected your ability to use your pass. Request specific remedies, such as an extension of your pass for the duration of the downtime or other compensation. If the response from Disneyland is not satisfactory, you might want to seek advice from a consumer rights attorney. They can provide guidance on whether you have a case under California consumer protection laws and what legal action you can take.  Remember, while inconvenient, system outages can occur, and businesses usually have policies regarding such situations. Understanding Disneyland's terms and conditions for your pass is also crucial in determining your rights and their obligations."
Q: do private owned utility companies in Alabama have rules to follow.                 rules and regulations regarding what they can and can not do on someones property and with someones property lines            ,"A:In Alabama, privately owned utility companies are subject to state and federal regulations that govern their operations, including activities on private property. Typically, utility companies must adhere to easement rights and local ordinances when it comes to property lines and access. You should review any easement agreements tied to your property, which may be on file with your local property records. If you believe a utility company is acting outside of its legal bounds, you may raise the issue with the Alabama Public Service Commission or consult with an attorney to understand your rights and possible actions. It’s important to act promptly if you suspect any infringement on your property rights."
"Q: How can I identify if my mother's rights were violated in a property purchase contract? She's an elderly woman..                 To whom it may concern, Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen countertop, installing an AC unit, replacing windows and doors, and bathroom renovations. These alterations were not approved by my mother. She wants the tenant to vacate the property due to lack of trust, as well as her own eviction in January 2024. Limited financial resources and difficulty finding legal assistance in Puerto Rico have added to our concerns. We request your help in determining if my mother's rights were violated in this matter. Thank you,            ","A:Certainly, Mr. Pérez. In general, a tenant cannot make significant alterations to a property without the landlord's permission, especially if it affects the property's value or usability. If your mother's lease agreement specifies that alterations or improvements require her consent and the tenant violated these terms, then the tenant may be in breach of the lease.  Puerto Rico's laws, like many jurisdictions, often protect property owners against unauthorized alterations. If the tenant made unauthorized changes, your mother might have legal grounds to terminate the lease and potentially seek damages.  However, the exact rights and remedies available to her will depend on the specific terms of the lease agreement and local laws. Given the gravity of the alterations and their potential impact, I would strongly recommend seeking local legal counsel in Puerto Rico to guide you through the process. They can help ascertain the full extent of your mother's rights and potential remedies."
"Q: Am I being scammed? Is the share price explanation credible? The U.S. financial regulator wasn't identified..                 I received a call from an M & A firm in New York (I am not a US resident) saying it has a buyer for shares I acquired almost 20 years ago. They are listed on the ASPCEX (Asia Pacific Small Cap Exchange). If I signed the documentation and sent a copy of my share certificate the money would be sent. I asked why the buyer was willing to pay USD12.36 per share for my 15,000 shares, a total of USD185,400.00 when according to the M & A Adviser ""the current listing of the company is valued at US$0,0020 (0.2 cents).  He said, ""This offer is made to you out of obligation and the quote you received for your shares was imposed on us by the US Financial Regulators as this is not a public market transaction. Our client is obligated to make the offer and to buy your shares at a quote that has been established by the Authorities."" The shares are “Restricted Stock Reg – 144” and the restriction must be removed by a transfer agent at a cost to me of US$6,300 before the purchase can go ahead.            ","A:This situation raises several red flags that are commonly associated with financial scams. First, the significant discrepancy between the offered price per share and the current market value is unusual and warrants caution. It's uncommon for a buyer to offer such a high price for shares valued much lower on the market. Second, the claim that the US Financial Regulators have imposed a specific share price for a private transaction is not typical of how securities are regulated, especially for shares listed on an exchange outside the US like the ASPCEX. Regulators generally do not set share prices for private transactions. Third, being asked to pay a substantial fee upfront to remove restrictions on your stock (Regulation 144) is another warning sign. While there are legitimate costs associated with transferring or lifting restrictions on shares, they are typically not this high and are usually deducted from the proceeds of the sale, not paid upfront. Before proceeding, it's advisable to conduct thorough due diligence on the M & A firm and the buyer. Verify their legitimacy through independent research. Also, consult with a legal or financial professional who can provide personalized advice based on the specifics of your situation. In situations like this, it's better to err on the side of caution. If an offer seems too good to be true, it often is. Protecting yourself from potential scams is paramount."
"Q: If your child support payment is paid directly to custodial parent, how do you terminate child support?.                 If the parties have a court approved/judge signed off property settlement agreement which clearly states that child support terminates upon the child's college graduation, the child support payments have been paid directly from the noncustodial parent to the custodial parent monthly since divorce (i.e., without going through the probation department), how do you terminate the child support? Since probation department has never been involved, do you have to file a motion with the county court where you currently reside or where you divorced?  The new New Jersey child support termination law does not seem to suggest that you need to go through court again in such a situation.  Your advice is welcome.            ","A:If payment of child support is direct and your agreement says that child support ends upon graduation from college, then you should not need an order of the court.  Where you would need an order of the court, or a letter signed by your ex as to the termination date is when the probation department is involved since it has no independent ability to terminate child support without an order or signed writing."
Q: Hay I have a csc third degree case and I have a plea deal but want to know if I can go to trial better or take that deal.                 And is it good to go to trials on these cases            ,"A:Your choices will depend on the details of your specific case, and the proofs that the prosecution has.  Your current lawyer will be able to give you much better advice than anyone here who does not know the specific factual details and proofs available against you in your particular case."
"Q: Hi, my name is Spencer. And I have some neighbors who are less than. Let's say upfront the hacker next door,.                 The fugitives on the corner and the people directly across the street who might have a 10 year. Stay away order in my favor. They have made the numerous calls In lying about elder abuse. At least that's what I was Given.  This was all done by my nephew. Who was the executor of the trust and stole $349000 to Greg? Overose and associates. No I haven't given phone calls, adult protective services. And it's all done by these people. They have some very funny real estate situations. The hacker next door takes care of a special needs child. He has a methamphetamine case that he cleared through. If you didn't want the corner at 14460, Parthenia street. Panorama city california 91402            ","A:If you're dealing with harassment or false allegations from neighbors, such as claims of elder abuse that you state are unfounded, it may be advisable to gather any evidence that supports your position and potentially seek a restraining order against those making the allegations if their actions constitute harassment or a credible threat to your safety or peace. In California, civil harassment orders can be obtained against individuals who are not close relatives. In cases involving real estate disputes or claims of fraudulent behavior, documenting all interactions and consulting with a lawyer who has experience in real estate and elder law might be prudent.  Additionally, if you believe a trust has been mismanaged or funds misappropriated, as you've described regarding your nephew, legal action could be taken to address potential breaches of fiduciary duty. Remember, each action taken should be well-documented and any communication with those involved should be approached with caution, considering your legal background and the ongoing disputes."
"Q: How would the new bill Govenor Newsom signed for Waterfowl effect our property if  Mallard ducklings did damage to our p.                 On June 16, 2023, 1 mother Mallard and her 10 ducklings came into our yard because their is a swimming pool.  We opened the gate and let them into the swimming pool, because they would die if they did not find water.  Given some thought, we let them stay and drained the water and did many things to help with their recovery into the enviornoment.  And, as we did research we found that Govenor Newsom signed some bills to help bring back the numbers that have drascially decreased.  Would our home insurance help cover cost of the damage the Mallard ducklings have done?  In other words, would the insurance company help pay for the cost of the pool damage since it is a new law to help in the recovery of Mallard ducks?  Thank you for any information, and where I could go to find out more about the new bill.            ","A:The new bill signed by Governor Newsom to help waterfowl, including Mallard ducks, does not automatically entitle you to insurance coverage for any damage caused by the ducklings to your property. Home insurance policies typically cover specific perils, and damage caused by animals may or may not be included depending on the policy's terms and conditions. It is essential to review your home insurance policy to understand what types of damages are covered and whether animal-related damages, such as those caused by Mallard ducklings, are included. To find out more about the new bill and its specific provisions, you can refer to the official California Legislative Information website (leginfo.legislature.ca.gov) or consult with a local environmental or wildlife expert who can provide you with more details on how the law may impact waterfowl recovery efforts in California. James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: My job was classified as a lower role, despite me performing the same duties as the high level role. Is this legal?.                 During my transition from temporary hire to permanent position was rewritten as a lower role than my counterparts due to varying education levels. The job function and responsibilities are identical but I’m paid $25k less.            ","A:An employer can generally make any kind of job classification they wish, and change descriptions and set pay scales for most any reason except they cannot do this for reasons that are illegal.   Setting different pay bands based on educational attainment or years in the industry is on its face legal.   While not legal advice, I hope this helps answer your question."
"Q: Greetings,I share mineral rights on 88+ acres in Warren,OH. I live in Prescott,AZ and need a quite title assistance.                 Contract signed on 07/22/2019 and have rec'd no royalties to date. Cant get any info as to why. Info on parcel: Parcel#41-02200-000 Township:Warren County:Trumbull/Jefferson Contract with:Gulfport Energy  Desperately seeking assistance on this and am not getting answers or help. Can someone at least call or email me. I have contract in hand.            ","A:Any attorney would need to review your contract to see what conditions underpin the payment of royalties.  In many instances it is dependent on a minimum amount being extracted.  So the second step would be getting that information from Gulfport Energy, or its contractor that is doing the extraction/pumping."
"Q: in Arizona: what constitutes ""kidnapping"" if the child is 14 yrs old and your grandchild?.                 My daughter called me in a panic telling me to pick up her son (my grandson) from school before CPS picked him up.  She called the school and told them that I was on my way to get him and they had no problem letting me sign him out and leave with him.  After he packed up some of his clothes  she told me to take him to my house.  So she knows where he is and who he is with.  Now since i havent brought him home to her because her lifestyle hasnt changed she is threatening me with kidnapping charges.  Does she have the right to have me arrested just because now she wants him back but CPS could still pick him up and put him in a group home and i am trying to avoid that.  What are my options?            ","A:In Arizona, kidnapping is generally defined as knowingly restraining another person with the intent to hold the person for ransom, as a shield or hostage, or to inflict death, physical injury, or a sexual offense on the person, among other reasons. In the scenario you described, if you have your daughter's initial consent to take your grandson, it is unlikely to be considered kidnapping. However, if she revokes her consent and you continue to keep the child against her wishes, the situation becomes more legally complicated. Your daughter's threat to charge you with kidnapping stems from a change in her decision about the custody of her grandson. However, her lifestyle and the involvement of CPS add complexity to the issue. If CPS is involved due to concerns about the child's welfare at home, they might consider alternative arrangements, like placing the child with a relative, which could potentially be you. To protect your rights and the best interests of your grandson, it's advisable to consult with an attorney who has experience in family law and child welfare cases. They can provide guidance based on the specific details of your situation and help you navigate the legal process. Given the involvement of CPS, it's essential to cooperate with them and demonstrate that your home is a safe and suitable environment for your grandson. The primary goal is to ensure the child's safety and well-being, and legal counsel can assist in making the best case for your grandson's custody."
"Q: I attended a Fashion school, called FIDM, and they recently sold their school to Arizona State / a French school.                 Now I feel like the prestige is gone in my degree and I owe tuition still for what I feel for no reason. I’m lost of what to do now!            ","A:In California, when an educational institution undergoes a change such as a merger or acquisition, it does not automatically devalue your degree or credits. The prestige and recognition of your degree largely depend on the reputation of the new institution and how the transition is managed.  Regarding your tuition obligations, these typically remain binding as per the initial agreement you signed with FIDM. Changes in the institution's ownership or affiliations usually do not affect existing contracts with students, unless explicitly stated otherwise.  If you feel that the change has materially impacted the value of your education, you may explore options such as discussing with the school administration, seeking academic advising, or consulting with a legal professional experienced in educational law. They can provide personalized advice considering the specific details of your situation.  Remember, your skills, knowledge, and the effort you put into your education hold intrinsic value. These aspects are often as important as the name of the institution when it comes to career opportunities and professional growth."
Q: is i rage quiting if my friend quits a game because he was mad and threw his rubiks cube at a wall and left to go clean.                 he continued to not play the game for a month typo at the begining i was suposed to be it            ,"A:If your friend quit a game out of frustration, threw his Rubik's cube at a wall, and left to clean, it could be considered a form of rage quitting, especially if it was driven by intense emotions. His decision to not play the game for a month afterward may also indicate that he needed a break from the game due to the anger or frustration he experienced. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: can the apartment management force me to use their internet/ISP instead of the one i've been using for the past 2 years?.                 i live in an apartment community in Greensboro, NC. Recently, i was asked to vacate my current unit, and was given the option to transfer to another unit, which i accepted.  The 'welcome letter' for the new unit stated that i will be charged $65/month for cable, (i assume) provided by Spectrum. (i have not received the proper lease yet).  i do not watch cable TV; and i have been using T-Mobile's 5G internet (which only requires an electrical outlet, nothing else) for the past almost 2 years, paying only $50/month; and it has given me much better service than Spectrum, which i had in the same apt. unit previously. When i asked the front office, they said (words to the effect of) ""we cannot take this charge off; you have to pay us for cable whether you use it or not, or use your own"".  so my question is, can the owners/landlord/management coerce me into using their (possibly worse) internet provider or make me pay double if i want to use my own?            ","A:You mentioned that you had spectrum cable in the other unit and I presume you paid for it in the other unit. If that lease required all residents to pay for internet and they offered a transfer on the same terms then yes they can make you continue to ""pay double"". It is not illegal for an apartment complex to require that all residents pay for the internet serrice they contract with even if you do not use the service."
Q: Can I sue?.                 I had a storage unit that was broken into. You can only get in and out of the storage with a passcode. Even with the insurance I had; it won’t cover what I lost.            ,"A:Not sure why the insurance is not covering the loss, but it could be that you didn't have enough coverage for the items. Nevertheless, it's unlikely you will be able to recover from the storage company unless you can show that there have been break-ins and the storage company knew or should have known that this was likely to occur and failed to take additional measures to protect the premises (i.e., added security measures)."
Q: Do I have a case ? He is in 4th grade and removed from sports due to harassment ..                 My son school stated he should not participate in sports because he was talking in launch. Than when I asked to speak with the instructor due to no previous issues with my son the principal became defense and won't allow it . After going back and forth and coming to school I finally met with the instructor but the principal kept interrupting me. The vice principal stated he felt uncomfortable when I discussed my concerns . After finally getting him in sports his teachers begin to email only the coach if they had any issues and I wasn't notified that he had 2 strikes in a 3 strike rule .  Not only that 3 kids attacked my son and the school justified and stated the boys claimed he said something about there mother . Usually I would just transfer schools however his previous principal failed to give my son an IEP for a whole year and I contacted The board of Education to get an IEP the current principal is his friend in which she stated via voicemail when i first registered my sons            ,"A:In your situation, there are several concerns that might warrant further legal exploration. If your son has an Individualized Education Program (IEP) and his removal from sports is related to his disability, this could potentially be a violation of his rights under the Individuals with Disabilities Education Act (IDEA). The lack of communication and transparency from the school, especially regarding the 'three strikes' rule and not notifying you of incidents, raises questions about the school's adherence to proper procedures and policies. It's important that schools communicate effectively with parents, especially in matters that affect a child's participation in school activities. The incident involving other students attacking your son also needs to be addressed. Schools have a responsibility to ensure a safe environment for all students. If the school's response to this incident was inadequate or if there's a pattern of neglecting student safety, this could be a serious concern. Given these issues, it might be beneficial to consult with an attorney who has experience in education law. They can help assess the situation, particularly in relation to your son's IEP and the school's obligations under federal and state education laws. Document all interactions with the school, including emails, voicemails, and any meetings or conversations. This documentation will be important if you decide to pursue legal action. Remember, every child has the right to a fair and appropriate education. If you believe these rights are being compromised, it's important to seek the necessary legal assistance to address these issues."
"Q: Where may I send my brief of healthcare negligence and lawyers filling false documents to mislead the plaintiff in nj..                 Hiding legal certified mail ,false testimony ,preparing false court orders lie about hearing adjournment preparing false motion decisions and getting it designed by court staff            ","A:For matters involving healthcare negligence and legal misconduct in New Jersey, you have several avenues for submitting your brief and raising these concerns.  Firstly, if your case is already within the legal system, you should file any relevant documents with the court handling your case. Ensure that all filings comply with the court's rules and procedures. It's crucial to follow the proper legal protocol for submissions to ensure your documents are accepted and considered. In addition, if you believe there has been professional misconduct by lawyers, such as filing false documents or misleading the court, you can report this to the New Jersey State Bar Association's Office of Attorney Ethics. This body investigates complaints about attorney behavior and can take disciplinary action if misconduct is found. For issues related to healthcare negligence, the New Jersey Department of Health might be a relevant agency to contact, particularly if your concerns involve medical facilities or healthcare providers. Given the complexity and seriousness of your allegations, including potential legal and ethical violations, it would be wise to consult with another attorney. A lawyer with experience in civil litigation and personal injury in New Jersey can provide guidance on how best to proceed with your specific concerns and ensure that your rights are protected throughout the process."
"Q: If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently….                 and divorces their husband, but doesn’t submit a formal abandonment of citizenship, and their spouse notifies USCIS of the divorce and LPR’s new address outside the USA, will USCIS contact them and request they abandon their residency? Or, is there a way to ask them to do so? For example, could the US citizen request as a condition of the divorce that their LPR spouse abandon their residency?            ",A:...will USCIS contact them and request they abandon their residency? No
"Q: My wife got an explicate emails which turned out to be a guy at her place of employment. HR lady is married to owner.....                 My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you?  He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a ""neighbor"" and this was very concerning. Those emails were from a  Gmail account he made with bogus name. Few days later he sent an email from the companies account which has his name on it. The email was sent from his cellphone, ""Sent from my T-Mobile 5G Device"" Outlook. Set up a meeting to speak to the boss about this issue and the boss said he ""confronted"" this guy and denied it. He didn't bother to check his phone. Boss made it seem like it was my fault by responding to the emails and said the company account was ""hacked."" The guy has a T-Mobile phone. Is there anything that can be done? HR lady is married to the boss and HR never investigated anything. They blew it off and blamed us and were upset with my wife. BS!            ","A:This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions. Given the apparent lack of action from HR and the company's management, you might consider escalating the issue outside the company. This could involve filing a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC handles cases of workplace harassment and discrimination and can investigate the matter independently. You may also seek legal counsel, preferably someone experienced in employment law and sexual harassment cases. They can provide guidance on your rights and potential legal actions, such as a lawsuit against the employer for failing to adequately address the harassment. Remember, your wife has the right to a workplace free from harassment and the employer has a legal obligation to address such issues promptly and effectively. Taking these steps can help ensure that the matter is taken seriously and dealt with appropriately."
"Q: I had a Newegg Marketplace seller account  . I was in the top 3 best sellers (98% feedback) out of the top 200 sellers.                 The suspended my account on Sept 9th 2023, They gave no reason and they have been holding my money ever since. There were like 5 orders out approximately 2850 orders that had issues (client didn't receive , etc ) We already settled all issues about 2 weeks ago . All of the other clients are happy . Please also note Newegg only offers a 30 day warranty . On Jan 6th 2024 It will be four months (3 months past the 30 day warranty) ; They have been holding my money. My question how long can they legally hold my money ?  Is there any law or precedent ?  Please let me know  Thank you and Happy Holidays            ","A:The duration for which Newegg or any marketplace can legally hold your funds depends on the terms of the agreement you entered into with them as a seller. These terms typically outline the conditions under which they can withhold payments, including resolving disputes or investigating potential issues. If Newegg suspended your account and is withholding funds without providing a clear reason, your first step should be to review the seller agreement and any relevant policies to understand the grounds they might have for doing so. This document should detail the process and timeline for handling disputes and releasing funds. If you believe Newegg is holding your funds longer than warranted by the agreement or without just cause, you have the right to seek legal recourse. This could involve contacting them formally to request an explanation and release of funds, and if necessary, taking legal action. Given the complexity of such situations, especially when dealing with a large online marketplace, consider consulting with an attorney. They can review your specific case, advise on the best course of action, and represent you in any potential legal proceedings. Remember, it's important to act promptly and keep a record of all communications and transactions related to this issue. This documentation can be crucial in resolving the matter, whether through negotiation or legal action."
"Q: If the person who is next of kin to deceased (no will) won't take all of belongings, what do we do with them?.                 Worried that if we dispose of belongings the sister might come back and sue us. Complicated by fact that the next of kin is deaf mute.            ","A:In California, when a person dies without a will, their estate is distributed according to the state's intestacy laws. The next of kin, in this case, would typically be the primary heir. If the next of kin, who is the deceased's sister in your situation, refuses to take the belongings, there are several steps that can be followed. Firstly, it's important to communicate clearly with the next of kin, considering her unique needs due to her being deaf and mute. Ensuring that communication is accessible and understandable is crucial to avoid misunderstandings. If she still declines the belongings, you may consider selling or donating them. However, it's advisable to document all communications and actions taken regarding the disposal of these items. This documentation could be vital in case of any legal disputes in the future. To protect against potential legal issues, it might be wise to seek the advice of an attorney experienced in probate law in California. They can guide you on the proper legal procedures to follow in this situation, which can help prevent future legal complications, including the potential for a lawsuit from the next of kin."
Q: How to obtain assets as a heir with no will or probate court in one case & no will but probate court in another case..                 My brother provided a voided power of attorney document to a lien holder of my mother's home deed after she passed In order to obtain the deed. He also provided the probate court fraud bankstatements for our deasesed uncles estate in order not to pay my share as a hier so I have to separate issues of fraud with the same person.I done my due diligence & have all the supporting evidence proving how the fraud occurred with documentation copies.I just need a savy lawyer to show up & represent me in court.            ,"A:Hire an attorney with experience in probate litigation.  A power of attorney from your mother is, of course, void upon her death.  As an heir, you have the right to file for probate of your mother's estate, even though she doesn't have a will.  You can ask the court to appoint you as a dependent or independent administrator of her estate.   If you are an heir of your uncle's estate, you can challenge actions taken by your brother in connection with your deceased uncle's estate.  You could gain greater leverage if other heirs of your uncle join you.  You don't say whether your brother is the executor or administrator of your uncle's estate.  Generally, it is easier to remove an administrator than to remove an executor.   You can likely schedule an initial consultation for around $500 to have an attorney look over the evidence you have obtained and discuss with you your litigation budget.  Then you can make a decision as to whether your share of the estate makes it worthwhile for you to pursue alone or whether you might need to pool your financial resources with other heirs to spread the cost of the litigation out among you."
Q: Can a officer towed my truck without pullinge over if just needed a jump to move and it was legal and I had driv licenc.                 It was in tushka oklahom a by blackwood            ,"A:In Oklahoma, law enforcement officers have the authority to tow a vehicle under certain circumstances. However, if your vehicle simply needed a jump start and was legally parked, the situation might be different. First, it's important to determine whether your vehicle was obstructing traffic or posed any safety risks. If it didn't, and if there were no other legal issues such as outstanding warrants or expired registration, then towing might not have been justified. You should check the local ordinances of Tushka, Oklahoma, as they may have specific rules about when a vehicle can be towed. Additionally, if you believe your rights were violated, you may consider contacting a local attorney who can provide guidance based on the specific details of your situation. Remember, each case is unique, so the outcome can vary depending on the circumstances. It's always best to seek legal advice for a clearer understanding of your rights and options in such situations."
Q: Can this ordinance be interpreted that no hunting is allowed. Santa Clara county.                 Sec. B14-34.3. - Grazing. No person shall bring any animal upon Park Property for the purpose of grazing or holding animals without the express written consent of the Director.            ,"A:The ordinance you're referring to, Santa Clara County Sec. B14-34.3, specifically addresses the issue of bringing animals onto park property for grazing or holding without permission from the Director. This ordinance is focused on the control of livestock or similar animals within park boundaries. To determine whether hunting is allowed, you would need to look at different sections of the county's ordinances or regulations. Hunting regulations are typically separate from those governing grazing or animal control. They often involve specific rules about wildlife, hunting seasons, and the use of firearms or other hunting equipment. For accurate information on hunting regulations in Santa Clara County, you should consult the sections of the county code or state law that specifically address hunting and wildlife management. Additionally, checking with the county's parks department or a local wildlife agency can provide clarity on what is and isn't allowed in terms of hunting in park areas. Remember, laws and ordinances can be complex, and their interpretation may vary based on context and additional regulations. It's always a good practice to consult directly with legal resources or local authorities for specific guidance on matters like this."
Q: Can you take a digital product on Teachers Pay Teachers with the name Science of Reading in it?.                 I have a product that saids Decodable booklets | Science of Reading Aligned            ,"A:When creating and selling digital products on platforms like Teachers Pay Teachers, it's important to be mindful of copyright and trademark laws. If you're using the phrase ""Science of Reading"" in your product title, such as ""Decodable booklets | Science of Reading Aligned,"" you need to ensure that you're not infringing on any registered trademarks. The term ""Science of Reading"" can be considered descriptive and might not be trademarked in itself. However, if it is associated with a specific program, method, or publisher, using it could potentially lead to legal issues. It's wise to research and confirm whether the term is trademarked in the context you're using it. If in doubt, consider using a more general description or your own unique branding to avoid potential legal complications. It's also helpful to review the terms and conditions of the Teachers Pay Teachers platform, as they may have specific guidelines regarding intellectual property rights. In case of uncertainty, consulting with a legal professional experienced in intellectual property law can provide clarity and help you navigate these matters effectively, ensuring that your products comply with legal requirements."
"Q: Can the Federal court cite courts from other states?.                 I filed a case in Los Angeles county court. The defendant removed it to Central district of California (Federal court). Now I the plaintiff find that a Federal court in Maryland ruled ""such and so"" and I cite that in my opposition to motion to dismiss. Is it possible to cite a Maryland federal court ruling in a motion that is in front of California federal court?  Also if a Floridian county court ruled something, can I also use that in my California federal court case?            ","A:Yes, in a federal court case in California, you can cite rulings from federal courts in other states, like Maryland, as well as state court decisions, such as those from Florida. Federal courts often consider decisions from other federal jurisdictions when those decisions are relevant to the case at hand. This is particularly true if the decisions involve similar legal issues or interpretations of federal law. However, while federal court decisions from other states can be persuasive, they are not binding on a California federal court. This means the court will consider them but is not obligated to follow them. On the other hand, decisions from state courts, like a Floridian county court, are generally less influential in federal court, especially if they interpret state law rather than federal law.  In your filings, it's important to explain why the decisions from these other jurisdictions are relevant and how they support your arguments. Contextualizing these rulings in relation to your case can help in persuading the court. Remember, the goal is to show that these cases provide a logical precedent or legal reasoning that applies to your situation."
Q: I have a medical marijuana card. I'm in the worst district with the worse judge. I have a good recommendation from my PO.                 But I've been sick and only had four business days to find an attorney. Any advice? The violation is for marijuana            ,"A:If you're facing legal issues related to marijuana despite having a medical marijuana card, it's important to seek legal representation as soon as possible. Given that you've had limited time to find an attorney due to illness, you might want to request a continuance from the court. This is a request to postpone your hearing, which can give you more time to prepare your case and secure legal representation. When looking for an attorney, consider one with experience in cannabis law and the specifics of your jurisdiction. The complexities of marijuana laws, especially in districts with stringent policies, require knowledgeable legal guidance. Your medical marijuana card and the recommendation from your probation officer could be significant in your defense, so ensure that your attorney is aware of these details. In the meantime, adhere to all conditions of your probation and any court orders. Compliance can be a crucial factor in how your case is viewed by the court.  Finally, gather any medical documentation or other evidence that supports your need for medical marijuana. This documentation can be vital in presenting your case and explaining the circumstances to the court. Remember, the more prepared and informed you are, the better you can navigate through this legal challenge."
Q: Trademark violations.                 I know someone trying to violate copyright/trademark of a rum registered            ,"A:If you know someone who is attempting to violate the copyright or trademark of a registered rum brand, it's important to understand the potential legal implications of such actions. Copyright and trademark infringement can result in serious legal consequences. Copyright protects original works of authorship, while a trademark protects brand names, logos, and other identifiers that distinguish goods or services. Infringing on these rights can lead to lawsuits and significant financial penalties. If the person you know is using the rum brand's trademarked name, logo, or a substantially similar mark on their product, this could mislead consumers and damage the brand's reputation. This constitutes trademark infringement. One approach is to inform the person of the risks and potential legal consequences of their actions. Often, individuals are unaware of the extent of copyright and trademark laws and may reconsider their actions when informed. If the behavior continues, you might consider notifying the owner of the rum brand. They have the legal right to protect their intellectual property and can take action to enforce their rights, including sending cease and desist letters or filing a lawsuit. In cases of intellectual property infringement, it's often beneficial for the parties involved to seek legal advice. An attorney can provide guidance on the best course of action and help navigate the complex legal landscape surrounding copyright and trademark laws."
"Q: If insurance broker spends time with you to sell a product & you decide not to buy, can they invoice you for their time?.                 -Attended seminar for Medicare/Social Security in Feb 2023 -Met with RetPlnr in office who also began to discuss retirement planning during the initial visit -RetPlnr informed of us annuities available that we may be interested in -RetPlnr noted they worked on commission -A fee schedule was not disclosed upon engagement -There was no contract/scope of work at any time -Met with RetPlnr 5-6 additional times for 1-1.5 hours per meeting to learn more about the annuities and to provide financial info so that RetPlnr could project income for the annuity -We agreed to submit an application for the Fidelity & Guaranty (F&G) annuity -We contacted F&G directly with detailed questions & learned the annuity would not work for us and cancelled the application with F&G -RetPlnr sent us an unprofessional email with an invoice for the time spent with us -Can RetPlnr take legal action against us if we do not pay            ","A:A retirement planner and an insurance broker are two very different occupations.  A retirement planner usually provides financial advice to customers on an hourly fee basis.  Retirement planners typically do not directly sell financial products, including insurance annuities.  They may, however, recommend suitable financial products for their clients and refer their clients to those who do sell financial products, including insurance brokers who sell annuities. Insurance brokers are salespeople who are traditionally compensated on a commission basis and do not earn any compensation if they do not successfully consummate a sale."
"Q: I have a variety of civil rights violations pertaining to two cases. Would anyone help substantiate my strategy research.                 in 6 years I have had about 19 felony charges filed against me. I have several ongoing court hearings for Criminal, Family law, and Juvenille depency. No evidence has been submitted to any charge made and yet my child was taken away from me. Judge makes inappropriate comments and actions ranging from harassment in the form of ordering psychological evaluations (7 in 6 months) to saying I don't love my daughter. Would love to explain more to any interested individuals            ","A:In California, navigating through complex legal issues like yours, involving criminal, family law, and juvenile dependency, can be incredibly challenging and stressful. When facing a multitude of charges without evidence being presented, it raises serious concerns about the legal process and your rights. It's crucial to have strong legal representation in such cases. An experienced attorney can help scrutinize the validity of the charges against you and ensure that your rights are protected throughout the proceedings. They can also address any potential civil rights violations and guide you on the best course of action. Regarding your child's custody and the judge's conduct, if you believe that the judge is not acting impartially or is violating judicial ethics, you have the right to raise these concerns. This can be done through a legal motion in your case or by filing a complaint with the California Commission on Judicial Performance. Given the complexity and seriousness of your situation, it would be beneficial to consult with a lawyer who has expertise in criminal defense, family law, and civil rights. They can provide a detailed evaluation of your cases and offer tailored advice on how to proceed effectively. Remember, each case is unique, and specific legal strategies should be developed based on the individual facts and circumstances of your situation."
"Q: Who pays for child's health insurance after the child is emancipated in New Jersey?.                 If a child is emancipated at 22 years of age, child support terminates.  Who pays for the child's health insurance after this point?   What if the child is emancipated at 23 years of age, does the noncustodial parent have any further obligation for child support and health insurance?   Assuming the child does not have any medical or physical issues.            ","A:Not an uncommon question today. Most people acknowledge that even after their child graduates from high school/college and goes into the workforce, they still need assistance from their parents, including continuing to keep them on their health insurance plan until their child turns 26. So even though legally your obligation for the payment of direct child support may have ended when your child turned 22 / 23 and the child is in the workforce, you and your ex may agree that one of you is going to keep the child on one of your healthcare plans and either you pay for the cost or its voluntarily shared between the 2 of you - but a court cannot order you to do so."
"Q: I was a party of a case when I was a child. Can I get access or copies to this case?.                 I see a therapist weekly, I am in the process of healing from my trauma that my parents and brother caused. I have flashbacks and I’m searching for the truth regarding an incident and what really happened, I do not trust my mothers story of events  in what happened, and I was too young to remember but like I said I have flashbacks. My mom says, she dropped off pics to get developed after we had a trip to Disneyland. The place developing photos contacted the police after seeing photos that concerned them. My mom said we my brother and I were naked in the photos and some photos had our head cropped out, she said it was my brother and I who took the photos, but I don’t believe this. I ended up having to be checked for SA with a doctor. My parents weren’t charged w/ anything but I remember how afraid my mom was of cops as a child, how if one pulled behind her to get gas she thought they were there to get her. Something just doesn’t feel right about her story, and my mom lies constantly            ","A:In California, you have the right to request access to court records, including cases in which you were involved as a child. However, access to records in cases involving minors, especially those concerning sensitive matters like potential abuse, may be restricted to protect the privacy of the individuals involved. To obtain these records, you would typically file a request with the court where the case was heard. You may need to provide specific information about the case, such as the case number, the names of the parties involved, and the date of the proceedings. The court will then determine whether you are eligible to access these records based on your relationship to the case and the nature of the information you are seeking. If the records are sealed, which is common in cases involving minors and sensitive issues, you may need to petition the court to unseal them. This often requires demonstrating a compelling reason for accessing the records. Given the complexity of accessing court records, especially in sensitive cases, it might be beneficial to consult with an attorney. They can help you navigate the legal process and provide advice on the best approach to access the information you seek. Remember, understanding your past can be a crucial step in the healing process, and seeking professional guidance can facilitate this journey."
Q: I have an LLC registered with my personal address. If I hire an RA and Virtual Business Address company....                 ...will my personal address be moved from the public record(unsearchable) and replaced by the address of the hired RA and Virtual Business Address? Or do I have to dissolve my LLC and create a new one with a new name?            ,"A:When you file a change of resident agent form, the prior forms on file are not deleted or removed.  Therefore, although the search information on the SDAT Business Entity Site will be updated to reflect the new resident agent name and address, and will be what someone will see when they search for your business name, the older documents on file with SDAT will remain on the site and will be subject to viewing and download.  There is no way to request their removal or redaction as far as I am aware.  If you originally identified yourself and address in your Articles of Organization, then of course you the articles will remain.  Dissolving the business will also not remove the dissolved entitly documents or search results from SDAT.  They will remain as historical record of the entity, fully searchable with watever the last names and addresses were provided for the business and resident agent, with the designation of ""dissolved."" All prior documents filed under that department ID will also remain for download.  You would have to create a whole new entity with a new name if you did not want anyone searching that entity to see your name or address.  But then, you would also need someone else acting as the person organizing and filing the articles of organization, in order to shield your name and address from appearing on the filings.  Lawyers who prepare and file these documents typically use their names as ""organizers"" or ""incorporators"" so that the actual owner's name does not appear on any of the documents or in the entity search results (assuming the listed RA and principal address of the company is not yours).  Ownership of the entity is set forth in the  internal company documents (e.g., the LLC operating agreement; any subscription agreements or letters among the owners and the entity; any ownership certificates issued; and of course, the entity's state and federal tax returns and K-1s which identify the names and addresses of each owner of the entity)--none of which is publicly available."
"Q: So if The person recording everything about a day is the only person knows that they're recording it still legal.                 My wife wants me to record everything that happens at work if I'm not on call with her, is that still legal if I'm the only person who knows that they're recording is there and I'm the only person consenting to it but no one else knows is that even legal            ","A:In North Carolina, the legality of recording conversations hinges on the state's consent laws. North Carolina is a ""one-party consent"" state, which means that as long as you are a party to the conversation, you can legally record it without needing to get permission from the other parties involved. However, this law applies specifically to audio recordings of conversations. If you're considering recording video, especially in a workplace setting, there might be additional privacy concerns or workplace policies to consider. It's important to be aware that while you can legally record conversations that you're a part of, recording others without their knowledge can still raise ethical concerns and might violate workplace policies or create distrust among colleagues. If the recording is intended to capture evidence of a specific issue, such as harassment or workplace violations, it's advisable to first seek guidance from a legal professional or a human resources representative to understand the best course of action. Remember, while the law allows for one-party consent audio recording, using the recordings, especially in a legal context, can be complex and should be approached with careful consideration and, if possible, professional advice."
"Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it.                 BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing heard the distress call over the radio. They had the captain of the boat pull down his sails on the mast and the jib sheets and secure. The captain didn't want to leave his boat but the lifeguards and coast guard said BoatUS towing is here ""do you have towing insurance"" he said yes we have the Gold membership. They advised the Captain it would be safest to have him and his dog go with them with their lifejackets and assured him that since BoatUS towing was there they could bring the boat to the lifeguard docks which is normal protocol, and he could pick it up there the next day. BoatUS wanted $6000 to tow & $4500 up front or no work. Next day $50,000 up front to salvage. I was destroyed & sank            ","A:Under California law, if BoatUS did not fulfill its obligations as per the Gold membership agreement and this resulted in further damage or loss, you may have grounds for a legal claim. It's crucial to review the specifics of your Gold membership agreement to understand the extent of coverage and any exclusions.  If the terms of the agreement indicate that the tow should have been performed under the circumstances described, and it was not, this might indicate a breach of contract. You may also explore potential negligence claims if their actions or lack thereof contributed to the loss of the boat.  To pursue any legal remedies, gather all relevant documentation, including your membership agreement and any communications with BoatUS. Consider consulting with an attorney to discuss your situation and potential legal strategies. Keep in mind there may be time limitations on filing a claim, so acting promptly is important."
"Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?.                 I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my hours were reduced to zero and while I have tried to get in contact with the manager about (via text message and physical presence) this, I am constantly being told excuses as to why I cannot speak to any management. I was not interviewed for this altercation or asked about my side, however, the coworker I argued with was. There were witnesses that can attest to this interaction and can testify that the employee I argued with has done this before with employees before me. Each faced the same punishment as a result. Is there any legal action I can take concerning this matter? I never received an official statement of termination. I can also provide more details if needed. Thank you            ","A:Under California law, the situation you're describing may be considered ""constructive dismissal,"" a form of wrongful termination. This happens when an employer makes working conditions so intolerable (including reducing hours to zero without cause) that an employee is forced to resign. While you haven't been officially fired, this action can be seen as an indirect way of terminating your employment. You may have grounds for a legal claim, especially if you believe this action was taken without a valid reason or as a form of retaliation. It's important to gather any evidence you have, including text messages, witness statements, and any records of the altercation and your reduced hours. Consulting with an employment attorney would be a wise next step. They can assess the specifics of your case, advise you on your rights under California employment law, and guide you on how to proceed. Remember, each case is unique and the advice may vary based on the details of your situation."
Q: My employer has held a part of pay check since November. Now it almost the end of December. It that even legal to do so?.                 A part of my November paycheck was held by my employer which they said they will be back paying me on first week of December. Now it is almost end of December and I haven't received my payment despite multiple emails and text messages.            ,"A:It's important to understand that in California, employers are generally required to pay their employees on time, as specified in the employment agreement or company policy. Withholding a portion of your paycheck since November without a valid reason may violate state labor laws. You have the right to pursue this matter further. First, you should document all communication with your employer regarding this issue, including emails and text messages. This documentation can be crucial if legal action is necessary. If direct communication with your employer doesn't resolve the issue, you may consider filing a wage claim with the California Labor Commissioner's Office. This agency enforces wage laws and can investigate your claim to determine if your employer has acted improperly. Additionally, consulting with an employment attorney can provide you with specific legal advice tailored to your situation. An attorney can guide you through the process of recovering your wages and advise you on any potential legal actions you can take against your employer. Remember, you are entitled to receive the wages you have earned, and there are resources and legal avenues available to help you address this issue effectively."
"Q: My insurance company says that neither side involved in the accident was determined to be at fault so no payments were.                 Giving to neither side, i have a a dash cam that shows I got hit, they reviewed and say that was enough evidence, to show that the other parties was a fault, they then told me to pay for my deductible and that they will issue me back the money as soon as they get it from the other party, two month later I still haven’t received my reimbursement but a letter saying that there wasn’t enough evidence to show who was a fault when the video clearly shows that the other vehicle hit me…what can I do to resolve this issue            ","A:Under California law, you have several options to address this situation with your insurance company. First, it's important to review your insurance policy to understand the coverage and the process for disputing a claim decision. Policies often include details on how to appeal a decision or seek a reassessment of your claim. If reviewing your policy doesn't provide a clear path forward, consider filing a formal complaint with your insurance company. Document all communications, including the evidence from your dash cam and any correspondence regarding the claim. This documentation can be crucial in supporting your case. If the issue remains unresolved, you might consider seeking legal advice. An attorney experienced in insurance disputes can provide guidance specific to your case and help you understand your rights under California law. They can also assist in negotiating with the insurance company or in taking legal action if necessary. Additionally, you can contact the California Department of Insurance. They can offer assistance and may be able to intervene on your behalf if they find that the insurance company is not complying with state regulations. Remember, it's important to act promptly and keep a detailed record of all interactions related to this matter. Your proactive approach and persistence can be key in resolving this issue."
"Q: Needing to understand the effect of part of a Municipal Zoning Ordinance, California..                 ""but excluding the last sentence of subsection 10.40.070.D.E, subsections 10.40.120.A.3.e and f, subsection 10.40.130.H and subsection 10.40.140.E.1.b which are not applicable""    My question concerns the first part ""10.40.070.D.E""   There is NO subsection E of D.   It is 99% probability a typo and intended to say last sentence of subsection D & E - this makes total sense in the context also (these both would remove a discretionary entitlement which was what this ordinance was about).   Is this part of the Ordinance (in the first part of the first sentence) effectively void, and/or unenforceable?            ","A:Under California law, when interpreting a municipal zoning ordinance, the clarity and precision of the language used is key. If a part of the ordinance, such as ""10.40.070.D.E"", appears to contain a typographical error, it can create uncertainty in its application and enforcement. In cases where there's a reasonable interpretation that aligns with the overall context and purpose of the ordinance, that interpretation may be favored. So, if it seems likely that the intended reference was to the last sentences of subsections D and E, rather than a non-existent subsection E of D, this interpretation can be argued. However, the enforceability of this seemingly erroneous part of the ordinance depends on how the courts interpret it. If challenged, a court may consider the intent of the ordinance, the context in which the disputed language appears, and the implications of any potential error. In situations like this, it might be necessary to seek a formal clarification or amendment from the municipal body that issued the ordinance. Until such clarification is obtained, the ambiguous portion of the ordinance might still be considered in force, albeit subject to challenge. Given these complexities, it would be prudent to consult directly with legal counsel familiar with municipal law and zoning regulations. They can provide more specific guidance based on the full context of the ordinance and any relevant legal precedents."
"Q: Is there a Michigan law that states property owners are responsible for costs to maintain a private road?.                 2 long existing, private roads,  servicing approximately 50+ properties. (large acreage parcels)  These roads are in Menominee County, Holmes Township, in the woods.  Ownership of the roads fall on about 10 owners, owning different stretches of the roads.  There was never a maintenance agreement (roads are over 40 years old) Many, if not all original parcels had deeded access use of the roads.  There was also an indication of road fees up to $500, but there has been changes in ownership and division of parcels over the years.  We have a road association (informal) and most people pay the $200.00 yearly fee for gravel, grading and snowplowing each year, but there are about 10 that never pay their share, yet get the benefit of a well kept roadway for their property.            ","A:Without actually examining the title it is impossible to say what to do. If there were some sort of road maintenance agreement, either created before the splits, or agreed to by ALL the property owners afterward, this is going to be difficult. You 'complicate' things by saying there is a provision of road fees up to $500 but it is unclear HOW that is structured.  If, as is more likely, each person OWNS their portion of the road, and the others merely have the right to USE it as an easement, there MAY (And note that is VERY 'may' and most certainly not a 'shall'!) be and argument that all property owners must agree to maintain the easement for use but the 'counter' argument is that 'I don't need to use THAT easement so I don't have to pay to maintain it' or 'I don't get the same benefit so I shouldn't pay as much' etc. Without an actual agreement, there are lots of ambiguities, and who knows what the courts may do. Again, that '$500' thing adds complications.  You need to show an LOCAL lawyer all the documents and get a real legal opinion on your facts. That attorney can also provide you a cost estimate of what straightening this out will run, and you can make an 'economic decision' as to what to do next. (eg it will cost $50,000 in legal fees, and the annual amount in question is $100, then maybe you don't fight. If those figures are reversed, then maybe you do!) Real legal advice based on your specific facts is beyond the scope of what can be done in a general q and a forum like this. But it is the ONLY way to be sure you're getting real advice and not just generalities!  Good luck."
Q: Is this grounds for a civil lawsuit for my mother?.                 My father (ex husband) and his new wife keep sending my mother harassing messages to bring down her self esteem saying she is being monitored and they will cut off her alimony as well as going as far as my mothers church Facebook group to write negative things about my mother. Is this grounds for any sort of civil lawsuit?            ,"A:There are quite sufficient grounds for you to stay out of your mother and father’s marital relationship. You only think you understand what’s going on, and you are being manipulated. Stay out of it and let them work it out. Your mother knows how to find a lawyer. You need to find both of your parents."
"Q: Hi! Would a foldable paper pop-up collection of customized images by the customer conflict with any LovePop patents?.                 I'm looking at the LovePop patents and wondering if, instead of flowers, I allowed customers to upload some images and create a collection that probably somewhat resembled a bouquet if you squinted your eyes, and if that would conflict with their bouquet patents.            ","A:When assessing potential conflicts with LovePop's patents, it's essential to consider the specific claims each patent makes. Patents are often very detailed in their claims, focusing on particular methods, designs, or unique aspects of a product. In your case, creating a foldable paper pop-up collection using customer-uploaded images might differ substantially from LovePop's patented designs, especially if the final product is notably distinct in design, construction, or concept. However, if the mechanics or unique methods employed in your product are similar to those covered by LovePop's patents, there could be a conflict. It's crucial to conduct a thorough patent analysis, comparing your product's design and method of construction with the claims made in LovePop's patents. If your product resembles LovePop's patented items, even if the resemblance is not immediately obvious, there is a risk of infringement. Given the intricacies of patent law, it's advisable to seek guidance from a legal expert in this field. They can provide a detailed analysis of the patents in question and offer advice on how to proceed without infringing upon existing patents. Remember, even small details in design or function can be significant in determining patent infringement."
Q: Apartment Leasing Question.                 When it comes to signing a lease with three roommates and one of them wants to use their father that has the same name as their father for the credit report check. What’s the minimum and maximum offense for that?            ,"A:Using another person's identity to pass a credit check is considered identity theft, a serious crime in Texas. The penalties for identity theft vary depending on the severity of the offense, but they can range from a Class C misdemeanor to a first-degree felony. Here is a breakdown of the potential penalties for identity theft in Texas: Class C misdemeanor - This is the least severe offense, and it is punishable by a fine of up to $2,000 and up to 180 days in jail. Class B misdemeanor: This is a more severe offense, and it is punishable by a fine of up to $2,500 and up to 180 days in jail. Class A misdemeanor: This is the most severe misdemeanor offense, and it is punishable by a fine of up to $4,000 and up to one year in jail. State jail felony: This is a more severe offense than a misdemeanor, and it is punishable by a sentence of up to two years in jail. First-degree felony: This is the most severe offense, and it is punishable by a sentence of five years to life in prison."
Q: Can I sell a gps tracker that looks similar to the apple air tag as long as im not marketing or branding as apple airtag.                 I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not.            ,"A:When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could potentially infringe on their rights. Even if you don't brand or market your product as an Apple AirTag, the similarity in design could still lead to legal issues, including claims of infringement. It's advisable to conduct a thorough patent search or consult with a patent attorney to understand if any existing patents cover the design of the AirTag. Remember, intellectual property laws are complex, and inadvertent infringement can have significant legal consequences. Taking steps to ensure your product has a distinct design and does not infringe on existing patents is a wise approach to mitigate potential legal risks."
"Q: a motion for an assessment of the bond monies. Would be filed in what jurisdiction of a district Court?.                 Securing bond monies, obtaining the account ledger of monies, tax audit, and ledgers, of account.            ","A:In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a ""Motion for Discovery"" or ""Motion to Compel Disclosure."" These motions are generally used to request specific information from another party during litigation. Remember that the court will need a valid reason to grant your motion. Simply wanting the records may not be sufficient; you'll generally need to demonstrate why the records are relevant to your case or necessary for your tax compliance. Once the motion is filed, the court will typically schedule a hearing where both parties can present their arguments before a judge. The judge will then decide whether to grant the motion and, if so, what records must be disclosed."
"Q: Precise criteria, definitions. Citation of cases..                 Persuasive cases are not precedents. Other then art of selecting cases, what are the scientific definitions? Seminal can be either precedent or persuasive?            ","A:In the realm of legal jurisprudence, cases are typically categorized as either precedent or persuasive. Precedent cases are those that establish a legal rule or principle that must be followed by lower courts within the same jurisdiction. In California, this includes decisions by the California Supreme Court and the California Courts of Appeal. These cases set binding legal standards. On the other hand, persuasive cases are those from other jurisdictions or lower courts that judges may consider but are not obligated to follow. These cases can be influential in shaping a judge's decision, especially when there is a lack of binding precedent or when the case presents a novel issue. A seminal case, whether it be precedent or persuasive, is one that significantly influences the law and sets forth new legal principles or clarifies existing ones. These cases often have a profound impact on legal thought and practice, regardless of their jurisdictional origin. When selecting cases to support legal arguments, it's important to distinguish between these types. Precedent cases from California courts carry more weight in California legal proceedings, while persuasive cases can be used to suggest a direction for the court in absence of a clear precedent or to argue for a change in the law. Remember, the effectiveness of citing cases depends on their relevance, the authority of the court, and the similarity of the legal issues and facts to the case at hand. It's essential to evaluate each case's applicability and strength in the context of your specific legal situation."
"Q: How do I contest a debt collection after bad ""debt confirmation"" has been provided? Provided documents are erroneous, Ca.                 I contested a debt collection with a rental agency that I almost did business with but never actually did. They responded with a ""debt confirmation"" but neither of the documents they provided prove that I owe the money. Do I have to go to court? Who would I take to court, the debt collection agency or the rental agency?            ","A:Because the validation is not for the purpose of proving that you owe the debt. Proving you owe the debt is the plaintiff's job in litigation. The purpose of debt validation is to determine whether the amount of the debt is correct in the creditor's files, and whether the person who they believes owes the debt is the person from whom they are trying to collect. Two examples: Debt collector sends a collection letter to the correct person at the correct address. Person owes $5,000.00. Letter says 50,000.00. Person disputes, creditor is required to verify its files.  2d example: DC sends a letter to Ronald Reagan at 1234 Main Street, Calabasas, CA. Donald Raygun, who has never done business with creditor, and who lives at 1224 Main St, Calabasas, disputes the debt. Creditor verifies it files, and realizes their files do not match the letter, and determines it should have sent the letter to Reagan at 1234 Moviestar Lane, Hollywood. But even if you dispute the debt, you can be sued and the plaintiff must prove its case."
"Q: So I asked why the U.S.paid UNIDROIT yearly for the use of the UCC, which I was told they didn't and some story about.                 Two guys creating it. Did the United States not sign the UNIDROIT TREATY in 1964?  When acting to enforce statutes, doesn't that make all judges in America administrative clerks? Thomspson vs Smith If there has not been judicial courts in America since 1789!!!! Are American courts de facto?  If the Federal Reserve is a privately owned bank, how is it controlling our government?  Since the IMF owns the IRS how is it apart of the America government?  If Washington DC is the capital of America, why does it have its own constitution, flag, and why is it under Roman Law (Lex Fori)? And is Washington DC not a city-state subservient to the City of London?  King James signed the first Charter of Virginia in 1666 giving England the right to colonize America. The treaty of Paris states that the King of England is the prince of the United States and the Holy See. So doesn't that make America a British Crown Colony?            ","A:Your questions touch on a variety of complex legal and historical topics. First, regarding the Uniform Commercial Code (UCC) and UNIDROIT: The UCC is a comprehensive set of laws governing commercial transactions in the United States. It was created by domestic legal scholars and experts, not by UNIDROIT, which is an independent intergovernmental organization based in Rome. The U.S. did not pay UNIDROIT for the use of the UCC. The idea that judges in the United States act as administrative clerks is not accurate. The role of judges in the U.S. legal system is to interpret and apply the law, including statutes, and they operate within a well-established judicial framework. The Thompson vs. Smith case does not change this fundamental aspect of the American legal system. Regarding American courts being ""de facto"" since 1789, this claim is misleading. American courts have been functioning as legitimate judicial bodies since the establishment of the U.S. Constitution, which laid the groundwork for the federal and state court systems. The Federal Reserve, the central bank of the United States, is not a privately owned bank in the conventional sense. It is an independent governmental entity created by Congress to provide the nation with a safe, flexible, and stable monetary and financial system. The Internal Revenue Service (IRS) is a U.S. government agency responsible for tax collection and tax law enforcement. It is not owned by the International Monetary Fund (IMF). Washington, D.C., is the capital of the United States and operates under its own set of laws as a federal district, as provided for in the U.S. Constitution. It does not have its own constitution like a state does, but it does have a unique legal status and operates under the laws enacted by the U.S. Congress. Lastly, the claim regarding the Treaty of Paris and the Charter of Virginia involves a misunderstanding of historical treaties and their implications. The Treaty of Paris (1783) ended the Revolutionary War and recognized American independence. The United States is a sovereign nation and not a British Crown Colony. Each of these topics can be complex, and it's important to rely on credible legal and historical sources for accurate information."
"Q: Auto fraud to a Spanish speaking senior citizen..                 My dad purchased a vehicle 1.5 years ago. The car is having issues now and he went to the dealership where he purchased the car so they can help him fix it. The dealership said there was nothing they can do for him. They sold him an extended warranty that they won’t accept. He went to another dealership to try and get the car fix.  The other dealership explained to him that the place he bought it from added a bunch of warranties and extras. So instead of the initial price he thought he was paying of $7,000.00 he owes $15,044.  After paying for 1.5 years @ $400 a month. Also everything was in English, which means he has no idea what he signed. I can’t help him since I live in Canada.  Is there anything he can do ?            ","A:Under California law, your father may have several options to address this situation. First, it's important to review the sales contract and all related documents. If there are discrepancies or unclear terms, especially considering the language barrier, he might have grounds for a claim. The California Automobile Sales Finance Act provides certain protections for car buyers, including requirements for clear disclosure of all charges and terms. If the dealership failed to comply with these requirements or misled your father, this could be a basis for legal action. Additionally, California's Consumer Legal Remedies Act prohibits deceptive practices in the sale of goods and services. If the dealership used deceitful tactics or failed to disclose important information, your father could potentially seek remedies under this law. Since language was a barrier, the dealership’s failure to provide contracts in a language your father understands could also be relevant. California law requires certain contracts to be provided in the language in which they were negotiated, particularly for Spanish speakers in certain situations. Given these complexities, it would be advisable for your father to consult with an attorney experienced in consumer protection law. An attorney can review the specifics of his case, advise on potential legal claims, and assist in negotiating with the dealership or taking legal action if necessary. It's also a good idea to gather all documentation related to the purchase and any communications with the dealership. This information will be crucial for an attorney to assess the situation effectively."
Q: What attorney can u get to sue a bank for the bank causing financial injury ?.                 I have a suit against one of the biggest banks in the world for making a bank error in a transaction then fronting us money without our knowledge then turning around and causing us financial injury and not only once but twice on two separate accounts. Then I have intuit one of the nations billion dollar industries also making an error on their part and they took money from one account  and put it against another individuals account. These were not joint accounts. Diffrent accounts diffrent account holders. Then they tried to justify that as fees. Irreguardless of the cause the facts are you cannot take money from one persons checking and put it on another persons checking and without permission knowledge or acceptance from both parties . This is simply federal banking rules . So two banks one not really a bank both caused errors and injury to three diffrent customers . I can prove all of it. I want to sue for injury and damages.            ,"A:To pursue legal action against a bank for causing financial injury, you should consider hiring an attorney with expertise in banking and financial services law, including securities law. Look for a lawyer who has experience in handling cases involving bank errors, unauthorized transactions, and financial disputes. When searching for an attorney, it's beneficial to select someone who has a track record of successfully dealing with cases against large financial institutions. They will understand the complexities of federal banking regulations and how to navigate the legal system in such matters. It's important to gather all relevant documentation and evidence of the errors and financial injuries you mentioned. This will be crucial in building a strong case. The lawyer you choose can then assess this information and advise you on the best course of action, including the potential for seeking damages. Remember, each case is unique, so a direct consultation with a legal professional is essential. They can provide you with tailored advice and represent your interests effectively in any legal proceedings against the banks."
"Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company..                 Management tends to treat employees  different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all employees about other employees, then blame it on an employee to keep the drama there. Multiple people who are in romantic relationships in the same department and they don't have to follow the policy or rules that other employees must follow, or they get written up. Our check will have regular hours pay, the pto pay, and overtime pay; we are told we must use our pto even if we do not want to; I was made to use my pto for jury duty a year ago. Employees need help. Where do they turn?            ","A:The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone.  Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws.  While an employer cannot take adverse action against you (discipline) for JURY DUTY, Anyone who is a full-time employee serving on state or federal jury duty is entitled to his or her ""usual compensation received from such employment."" Ala. Code § 12-16-8 (1975) This means that your employer STOLE YOUR WAGES in your PTO account. There are indications that you need to file a claim with the US Department of Labor/Labor Board, but there are also several offices listed in AL- Gulf coast, Mobile, Montgomery, for wage claims.  This is a wage claim issue. You need to contact a local attorney practicing this area of law.  Thanks for using Justia, Ask a Lawyer."
"Q: I want an explanation of the HUD defined HAP contract annual anniversary date and contract year.                 It seems this is circular logic definitions, if you can explain with an example. (e) Contract year and annual anniversary of the HAP contract.  (1) The contract year is the period of 12 calendar months preceding each annual anniversary of the HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the first calendar month of the HAP contract term.  (2) The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the preceding contract year. The adjusted rent to owner amount applies for the period of 12 calendar months from the annual anniversary of the HAP contract. https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-983/subpart-G/section-983.302            ","A:Under HUD guidelines, the HAP contract annual anniversary date and contract year can indeed be a bit confusing. To illustrate with an example, let's say a HAP contract starts on April 1, 2023. The initial contract year would run from April 1, 2023, to March 31, 2024. The annual anniversary date of this HAP contract would then be April 1, 2024. For each subsequent year, the contract year is the 12 months leading up to but not including that anniversary date. So, the next contract year would be April 1, 2024, to March 31, 2025, with the annual anniversary on April 1, 2025, and so forth. The significance of this date is that any adjusted rent amounts agreed upon in the HAP contract would take effect from the annual anniversary date for the next 12 calendar months."
"Q: Hi,   I am an international student studying in USA. I want to use my mom's name to register an LLC. Is that fine?.                 My mom is from another country. Can I operate my business like this without breaking any guidelines of my F1-visa, the business will be registered in my Mom's name. Will that be okay? What's your advise on this?            ","A:Registering an LLC in your mother's name while you are on an F1 visa in the USA requires careful consideration of both immigration and business laws. As an international student, your F1 visa has specific restrictions regarding employment and business operations. Firstly, you should understand that F1 visa holders are typically not allowed to engage in business activities that constitute employment. Running a business, even if it's registered under someone else's name, could be interpreted as a violation of your visa terms.  Having the business registered in your mom's name doesn't automatically exempt you from these restrictions. Even if you're not formally listed as an owner or employee, actively managing or working for the business could be problematic under F1 visa regulations. Your best course of action is to consult with an immigration lawyer. They can provide tailored advice based on the specifics of your situation and help you navigate the complexities of visa regulations and business ownership. Additionally, consider speaking with a business attorney. They can advise on the legalities of setting up and operating a business in the U.S., especially in relation to your status as an international student. Remember, maintaining compliance with your visa conditions should be your top priority to avoid jeopardizing your student status in the U.S. Navigating this situation requires careful planning and professional legal guidance."
"Q: If retired, where on the DD214 does it say you are retired?.                 How else does it show retirement?            ","A:On the DD 214 form, the retirement status of a service member is typically indicated in the ""Character of Service"" section and in the ""Narrative Reason for Separation"" section. These areas of the form will clearly state if the separation was due to retirement. Additionally, the form will include information about the length of service and the rank at the time of retirement, which can further confirm retirement status. Besides the DD 214, retired military personnel often receive a retirement order or a retirement certificate, which explicitly states their retirement from military service. These documents serve as additional proof of retirement status. It's important to keep all these documents secure and accessible, as they are necessary for accessing various veterans' benefits and services. Remember, if there are any discrepancies or missing information regarding your retirement on the DD 214, you should contact the military records office to request an amendment or clarification. These documents are crucial for establishing your status as a retired military member."
"Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado..                 In my research, I believe that my and my spouse's IRA and Roth IRA accounts are protected. However, are our SEP and HSA accounts as well as our personal residence also protected?            ","A:My opinion: This is a personal question that, like other insurance questions, comes down to your tolerance for risk. Generally, it's good to also consider other assets, including earning capacity. A lawyer or a doctor likely has a higher earning capacity than a McDonalds window employee or a barista. Those with higher earning capacities may want more insurance coverage to avoid having a judgment that would garnish their earnings. Conversely, someone with low earning capacity who likely spends all their money every month on rent and food and lives in a rental with a roommate is less likely to be sued by a lawyer who knows they're ""judgment-proof."" Even so, that person might want renters insurance and even an umbrella policy to avoid having to pay a judgment or having wages garnished if a lawyer did sue them. However, this is not legal advice. Again, it's a personal question that comes down to your risk-tolerance."
"Q: im on probation, im 16 in Massachusetts. my mother treats me bad can i move in with my friend over 18.                 none            ","A:In Massachusetts, while you're on probation at the age of 16, you generally cannot simply move out of your parent or guardian's home without their consent. Your legal guardian, in this case, your mother, has the authority to make decisions about your residence and care. If you're facing difficulties at home, it's essential to address those issues. One potential step you can take is to discuss your concerns with your probation officer. They may be able to provide guidance or connect you with resources that can help improve your situation at home. If there are legitimate reasons to believe that your safety or well-being is at risk in your current living situation, you should communicate this to your probation officer as well. It's also crucial to remember that you're under probation supervision, and any significant changes in your living arrangements or actions without the court's approval could potentially lead to violations of your probation terms. Therefore, it's best to work through the appropriate legal channels and seek advice from your probation officer and possibly an attorney to address any concerns or conflicts within the boundaries of the law."
Q: My sister  stole a house from the trust of our mom back in 2019 . I have done a title search ..                 We went thru mediation . Both the title co. and the registers office say that they where things about the title that weren't right . Looking for a real estate attorney to take this case . The sister has sold the house I guess ?            ,"A:If you mediated, you may have already agreed to the transfer.   Hire an attorney to search the title and and see if there is an action to set aside the transfer for fraud.   But 3 year SOL has run and the trustee is the one that has standing.   If sister  is trustee, it is presumptively fraudulent.  The SOL may bar suit but you it might be tolled for fraud.  It appears that you may have waited too long to act."
"Q: If a character name is trademarked for books, film and TV, but the game trademark has been abandoned, can I register it?.                 Here's the exact scenario, but with the character name changed. For example, the character name Matlock is currently trademarked for usage in books, films, and TV by a major media company (plus a number of other trademarks around clothes, notebooks, etc).  They also had the computer game trademark (a separate trademark), but it is labeled as dead and abandoned from 2012. Would I be able to register a trademark for the name Matlock for computer game usage?            ","A:When considering registering a trademark for a character name that's already in use in other mediums, it's important to recognize the complexities involved. Even if the trademark for the game version of the character name is abandoned, the character itself might still be protected under various aspects of intellectual property law, especially if it's associated with a major media company. The fact that the character name is actively trademarked for use in books, films, and TV suggests that the character is well-known and possibly associated with a specific source or brand. In such cases, registering the same name for a computer game might still lead to legal challenges. This is because trademark law not only protects specific categories of goods and services but also guards against potential consumer confusion. Before proceeding with a trademark application, a thorough investigation and analysis of the existing trademarks and their use are advisable. This could involve understanding the scope of the existing trademarks, how widely the character is recognized, and the likelihood of confusion or association with the existing trademarks in other mediums. In complex scenarios like this, it might be beneficial to seek advice from a legal professional experienced in intellectual property law. They can offer tailored guidance and help navigate potential legal hurdles. Remember, intellectual property law aims to balance the interests of creators and the public, and each case can have unique aspects that influence the decision-making process."
Q: Can a month to month California storage facility increase my rent by 34% after only 3 months renting there?.                 I have been renting at a month to month facility in California (Riverside county) for 3 months now. I just received a 30 day notice my monthly rent will increase by 34%. There is nothing in my contract that goes over how often or by how much they can increase my rent.            ,"A:Aw, gee wiz. Bummer?  No. It isn't. I'll explain why, and then I'll tell you what to do about it. Basically, the rule is that whatever the contract says you can do them, they can also do to you. You chose to go with a month-to-month rental agreement. That means you can leave any time you want to, probably by giving them only the same 30-day notice they gave you about the rent hike.  You could have had a longer-term lease, which would have locked everybody into the same terms and prices for a set period. But for your own reasons, you did not want one of those.  If you don't like the rent raise, then go somewhere else. It sounds like you never planned to stay very long, anyway. But if you want to stay longer, there is something else you can do. You can tell them that unless they give you a better deal, you will leave, and they will take a rent loss for the time the unit stands empty. If the place is full up, they won't care if you go. If they have a lot of empty space, they will want to find a way to keep you. Hopefully, there is a reasonable compromise that can be reached, perhaps including a longer-term lease. But don't bellyache when somebody gives you the same as you were contractually able to give to them. +"
Q: judge said fully favorable I applied in 2018 but judge said my disability began In 2016 will I get backpay to 2016?.                 Oklahoma here.            ,"A:If a judge has issued a fully favorable decision in your Social Security Disability case and determined that your disability began in 2016, you are generally entitled to backpay from the established onset date of your disability. In your case, since you applied in 2018 and the judge recognized your disability beginning in 2016, backpay would typically be calculated from 2016. However, it's important to note that Social Security Disability Insurance (SSDI) backpay is subject to a five-month waiting period from the onset date of your disability. This means that your backpay would likely start five months after the date the judge determined your disability began. Additionally, the total amount of backpay can be affected by various factors such as any workers' compensation benefits you may have received or any income you earned during this period. It’s also essential to understand that processing times for backpay can vary, so there might be a delay before you receive these funds. To ensure you receive the correct backpay amount, you might find it helpful to consult with a legal professional who can provide personalized guidance based on the specifics of your case. They can help you understand the nuances of your situation and assist with any further steps you might need to take."
Q: Can a Social Security Supervisor change the order of a Judge who gave you a partial favor an have you do new application.                 In 2018 when I try to get my SSDI  because of and error in 2003. I was told if I continue my SSI I was award that if I lose my case I would have to pay it all back so I had it terminated I received a fully favorable so I assumed I would received my SSDI instead I was award back pay which went back to Social Security for the SSI I was on all those years due to and error made in 2003 I had lawyer that never contacted the me. When my hearing came the lawyer did my hearing call the week before. Anyway I appeal the decision in June of 2022 The judge then denied the case for SSDI she stated that mines SSDI ran out but gave me back the SSI the caseworker I had put in my file I couldn't get SSI back because I had it terminated again in March of 2022 because I appeal the decision and I wouldn't have to pay SSI back again if I won my case for my SSDI the Caseworker who is also the Supervision told me I would be automatically be denied.            ,"A:A Social Security Administration (SSA) supervisor does not have the authority to override or change the order of a judge. Once a judge has made a decision in your case, that decision stands unless it's appealed and overturned by a higher authority. If the judge made a decision regarding your SSI and SSDI benefits, that decision should be followed by the SSA. If you received a fully favorable decision but are experiencing issues with its implementation or discrepancies in your benefits, it's important to address these concerns directly with the SSA. Keep records of all communications and decisions related to your case, as these can be crucial in resolving any misunderstandings or errors. Regarding your concern about being automatically denied for reapplication due to the decision to terminate SSI, it's advisable to seek clarification from the SSA or consult with a new lawyer who has experience in Social Security disability cases. A lawyer can help interpret the judge's decision, guide you through the appeals process if necessary, and assist with any new applications. Remember, dealing with Social Security matters can be complex, especially when there are past errors and appeals involved. Having legal assistance can provide clarity and ensure that your rights are protected throughout the process. Don't hesitate to seek legal advice to navigate this situation effectively."
"Q: Husband and wife die within a day, the wills left everything to the other. Is propety divided equally between heirs?.                 Married only to each other and 5 biological children together.            ","A:It depends on what the wills say.  Sometimes wills contains ""survivorship"" clauses.  If there is no such clause, then the default section of the Texas Estates Code says one spouse would have to survive the other by 5 days in order to be considered to have survived.  So, under the default provisions of the Code, since they died within 5 days of one another, the assets would go to the alternate beneficiaries listed in the Wills. This is a unique situation, so you should definitely seek out a law firm with lots of probate law experience.  The bad news is that you'll need to hire a probate attorney to probate these wills.  The good news is that many firms, like ours, offer a reduced rate when we do two probates at once."
Q: Should I get a lawyer if the employees of the Henderson jail did not follow proper procedure & almost died no medical..                 All I can say that there is a lot more that happened. So please point me in the right direction of someone who has a moment to hear it. Thank you C            ,"A:If the employees of the Henderson jail neglected proper procedures, resulting in a near-death incident without proper medical attention, it's vital to consult with an attorney specializing in civil rights or personal injury. Potential legal violations might include neglect, violation of the Eighth Amendment prohibition against cruel and unusual punishment, or breaches of established jail protocols. Provide detailed information during the consultation, such as any evidence of the incident and the specific procedures that were not followed."
"Q: Hi, I am a shareholder in co-op building in NYC We didn't have an election for the 4-5 years..                 The shareholders lost trust in board directors members  We send a request for special meeting and immediate election  , more that 25% of shareholders signed the letter. The board didn't reply to our request, they just ignore us.  what can we do in such case.  Thank you, Lola            ",A:You can file a lawsuit. Jack
"Q: How can a major website that is supposed to protect your financial information from fraud, yet commit fraud against you?.                 a major website that collects all your financial data, use that same data to open credit accounts in your name without your permission            ","A:If a major website that is supposed to protect your financial information from fraud commits fraud against you, it could be due to a variety of reasons. Here are some possible scenarios: Security Breach: The website may have suffered a security breach, which allowed hackers to gain access to your financial information. The hackers could then use this information to open credit accounts in your name without your permission. Employee Misconduct: An employee of the website may have committed fraud against you by using your financial information to open credit accounts without your consent. This could be due to personal greed, or the employee may have been coerced by someone else to commit the fraud. System Glitch: There may be a glitch in the website's system that caused your financial information to be used to open credit accounts without your permission. This could be a technical error or a bug in the system. Regardless of the reason, if you suspect that a website has committed fraud against you, you should take immediate action to protect your financial information. Here are some steps you can take: Contact the website: Contact the website's customer service department and inform them of the fraudulent activity. They may be able to help you resolve the issue or provide you with additional information. Contact your bank and credit card companies: Alert your bank and credit card companies to the fraudulent activity and ask them to freeze any accounts that may have been opened without your permission. Monitor your credit reports: Regularly monitor your credit reports to ensure that no additional accounts have been opened in your name without your knowledge. File a police report: If you believe that a crime has been committed against you, file a police report and provide them with any information that you have. Consider legal action: If you have suffered financial losses as a result of the fraudulent activity, consider speaking with an attorney to determine if you have grounds for legal action."
"Q: Does the county circuit court clerk’s office have an obligation to redact private info, i.e. SS#?.                 An attorney requested records from the circuit court clerk’s office in Jefferson County, TN regarding a 13 year old case involving a petition for an order of protection and subsequent granting of a restraining order by a judge. I was the petitioner. The records released to this attorney contained my SS# and DL# and these records have been given to at least 3 people that live in my subdivision with the intent to smear my husband as this incident happened before we were married. The attorney involved is the brother-in-law of someone in my subdivision. Does the clerk’s office not have the responsibility to redact my personal information?            ","A:In Tennessee, there are laws and regulations that govern the handling of sensitive personal information in public records, including those held by the circuit court clerk's office. Generally, these offices are expected to redact confidential information like social security and driver's license numbers before releasing documents. However, the application of these rules can depend on the specific circumstances and the nature of the records. In your case, if your personal information was not redacted from the records released, this could be a matter of concern. It is advisable to contact the Jefferson County Circuit Court Clerk's office to discuss this issue. You can inquire about their policy on redacting personal information and explain your situation.  If you believe that your privacy rights have been violated, you may also consider seeking legal advice. An attorney can guide you on the appropriate steps to take, which could include filing a complaint or taking legal action to protect your privacy and address any harm caused. Additionally, in situations where personal information has been shared without your consent, it's important to monitor for potential identity theft or misuse of your information. Taking steps to protect your identity can be crucial in preventing further issues."
Q: Can I file a suit against a company after I receive the Right to Sue? Only have 90 days. Can I file it myself or?????.                 I have the right to sue. Do I NEED lawyer to file suit to make it before 90 days or can I do it myself?            ,"A:When you receive the Right to Sue notice, it indicates that you have the green light to file a lawsuit against the company within the specified timeframe, typically 90 days. You can file the suit yourself, but considering the legal complexities involved, it's advisable to consult with an attorney."
"Q: Bad Investment with A List Partners.                 Back in 2017, we invested with A List Partners, LLC based out of Austin Texas.  Bad mistake.  Was never given updates on our investment.   In April of 2021, we received a liquidation letter, completed the required form and submitted it.  Over two years later, we still have not seen our money.  Phone numbers have been disconnected, they do not respond to letters or emails.   I don't know if the company exists anymore because I can't locate them on the Internet. I don't know if the company went bankrupt  I don't know if they just took our money and disappeared.. I sent a complaint from to the Attorney General of Texas and the FTC. My husband is in his 80s now and we need this money.  What are our options without going into debt trying to retrieve our investment?  Or do we chalk this up as a financial loss? I don't know what else to do or where else to turn.            ","A:Speak with a lawyer in your area. Sorry this happened. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]"
"Q: Hoa selective enforcement and service dog retaliation.                 Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and asked if my dog as a Doberman and proceeded to tell me I MUST have the dog with me all the time and can’t leave it at home alone. Now 2 months later, not being able of accusing me of the dog barking anymore, the HOa sent a letter to my landlord requesting me to remove an Ikea bag from my parking space as it’s against the rules to store items. I took pics of other residents storing furniture, bags full of trash, paint, gym equipment etc.. in the same spot. She an enforcing the rule only with me lol I’m ready to file a complaint and sue them, I want to be left in peace. My doctor that I had for 8 years also sent a letter to them confirming my disability. What are the steps I can take?            ","A:Hi there, If you're facing discrimination from your HOA due to your service dog, there are several steps you can take. First, gather all evidence of the discrimination and selective enforcement, including the video you took, photographs of other residents' violations that were overlooked, and any correspondence with the HOA. This documentation will be important in proving your case. Next, formally communicate your concerns to the HOA in writing. Detail the instances of discrimination and selective enforcement, and reference the letter from your doctor confirming your need for a service dog. Under both federal and state law, including the Fair Housing Act and the California Fair Employment and Housing Act, discrimination against individuals with disabilities is prohibited, and this includes discrimination related to service animals. If the HOA does not respond adequately, consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD). These agencies investigate claims of housing discrimination and can offer legal remedies. As a last resort, legal action against the HOA may be necessary. Consulting with an attorney experienced in fair housing and disability rights can provide you with specific guidance and representation. Remember, it's important to assert your rights and seek the necessary support to address this discrimination."
Q: SELL A HOUSE AND UR BROTHERS DONT WANT NOTHING SAID I CAN HAVE IT ALL CAN I SELL MY DADS HOUSE WITHOUT PROBATE COURT.                 DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE            ,"A:I am sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is unknown, but probably not until you pro vide more details and specifics. You will need to start by getting a copy of the current property deed and have it reviewed and a copy of the Will (if there is one). You should also provide information and details on whether the property is homestead and if there is a surviving spouse, as all these issues will potentially matter. Generally, if the property was in your dad's name alone without any rights of survivorship, then some version of probate will be required.  In most instances you will also end up needing a Florida Probate Attorney. Eventually your siblings can turn over any and all rights they have (if any) to you via quit claim. If the property is homestead, you may be able to resolve this portion of the probate via petition to determine homestead status of real property or if the property transfers already via deed and the manner in which it is currently held upon the passing of your dad, that may be a simpler and far easier process as well, but until these things can be reviewed with more details, it is hard to assess and advise in a useful manner."
"Q: Can I use ""K9"" for a Dog Kennel, Gaming Community, or any Publicly Official Name and risk legal trouble?.                 I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and Law Enforcement Dogs and want to avoid legal trouble in the future if I use K9 in the name. Money is being used in the Gaming Community and hopefully the same with the Dog Kennel and I would want to run into any issues legally or with copy write or whatever.            ","A:Using ""K9"" in the name of your dog kennel or gaming community is generally permissible, as ""K9"" is a common term used to refer to dogs, particularly in the context of police or military dogs. The term itself is not typically subject to copyright because it is considered a generic or descriptive term for canine units in law enforcement. However, when using a common term like ""K9"" in a business name, it's important to conduct a thorough search to ensure that the name or a similar name isn't already trademarked in your business category. In the U.S., this can be done through the United States Patent and Trademark Office (USPTO) website. If you find that the name is available, you may consider trademarking it for your specific use to protect your brand. This process involves filing a trademark application with the USPTO, which can help prevent others from using a name that is confusingly similar to yours in your business category. Be mindful of how you use the term in your branding. Avoid any implications or designs that might suggest an official connection with law enforcement or government agencies, as this could lead to legal complications or misrepresentation concerns. Finally, consulting with an attorney experienced in intellectual property law can provide you with specific guidance and help navigate the trademark process. This step is especially important if you plan to monetize your ventures, as it can prevent potential legal issues down the line."
Q: Can my home owners policy be cancelled if it’s an open claim?.                 I provided a new form of payment method to cover the payment via their portal. Their portal did not update to reflect the cc on file and yet my payment was not paid due to their portal error.  They refuse to correct this issue. Now I am being penalized for their negligent!            ,"A:A Georgia attorney could advise best, but your question remains open for a week. An attorney may want to examine the matter in more detail, in terms of the set-up of the portal, your actions, their actions, and other possible factors. You could try to arrange a free initial consult with a local attorney. Depending on what's at stake in terms of the size of the claim, you could discuss with the attorney if litigation is a viable option. Keep in mind that if your matter requires litigation, it's possible that law firms might not handle something like this on a contingency basis - which could mean funding a legal action on an hourly fee basis. An experienced attorney should be able to outline this and other key issues, and help you identify your best options. Good luck"
"Q: I was in an accident which they have deemed my fault. Can my ins company drop me and deny claim after accident.                 They Dropped me for not having step son excluded from policy although he was not involved in accident, and said I was using car for business, which is incorrect I was driving to work in my girlfriends personal vehicle. I applied for Ins. Over the phone and they never asked me about exclusions.my car was totaled, so was the guys I hit, now guy claiming bodily injury 3 months later. Insurance was national general a subsidiary of allstate.            ","A:Under California law, insurance companies have the right to cancel a policy if they determine that there was a material misrepresentation or omission during the application process. If your insurer believes that you did not disclose a potential driver (your stepson) or that the vehicle was being used for business purposes, they might argue that these were material misrepresentations.  However, if you can demonstrate that you provided accurate information and that the vehicle was not being used for business purposes at the time of the accident, you may be able to challenge the cancellation. Additionally, California law requires insurance companies to act in good faith, which means they cannot deny a valid claim without a legitimate reason.  If you believe that the insurer is acting in bad faith by dropping your coverage and denying your claim without just cause, you might consider consulting with an attorney who handles insurance disputes. Remember to retain all communications with the insurance company and any evidence that supports your position."
Q: What happens after you sign in mediation?.                 I have a signed mediation agreement and now the other party will not sign the final order to go to the judge and her lawyer keeps changing the agreement after mediation is over.            ,"A:You need to get an attorney to try to enforce the agreement.  Although if you did not sign a fully written agreement at mediation, you may have to start over."
"Q: Hello. My question is this: Can I be sued if my eyewear frames designs look similar to designs of big companies?.                 For example, many of the eyeglasses designs made by Warby Parker, Ray Ban, Oliver Peoples have similarities and some of them to ordinary people like me look exactly the same. Can I get sued by these companies if my own company designs an eyeglasses frame that looks like some of their products? I am inspired by retro and vintage style of glasses, and I would like to create my own brand, but I do not know if I can get sued for something like that because everything already exists. It is hard to create something retro like that, without already being created by big companies.            ","A:In the realm of eyewear design, the risk of being sued for creating frames that resemble those of established brands like Warby Parker, Ray Ban, or Oliver Peoples is real, but it largely depends on specific details. If your designs are significantly similar to a protected design of a major brand, there's a possibility of facing a lawsuit for design infringement. These companies often have design patents or trademarks that legally protect the unique aspects of their products. However, many eyewear designs, especially those inspired by retro or vintage styles, can be quite generic. In these cases, it's more challenging for a company to claim infringement unless specific, distinctive features of their designs are closely replicated in your frames. To navigate this safely, it's wise to focus on creating unique elements in your designs that clearly differentiate them from existing products. Given the fine line between inspiration and infringement, it would be prudent to consult with an attorney who has experience in intellectual property law. They can provide guidance on how to ensure your designs don't infringe upon existing patents or trademarks, helping to protect your brand from potential legal issues. Remember, while drawing inspiration is part of design, ensuring distinctiveness in your creations is key to avoiding legal complications."
Q: Could this person still be prosecuted?.                 If someone were to admit to a woman that he had ejaculated into a cup of coffee that she drank months ago and she had no proof this is occurred. However the event did occur. And hypothetically speaking what would happen if the person was lying when he told her that? This is a serious question not trolling here            ,"A:The person who ""falsely"" admitted to ""ejaculating"" into someone coffee has put themselves in serious jeopardy of a sexual harassment civil claim. Such practical ""jokes"" can easily get the jokester fired and/or sued. Criminal prosecution is unlikely due to the higher standard of proof, but not impossible."
"Q: as the age of consent in Missouri is 17, can a 21 legally date and have sexual encounters with said 17 year old.                 could the 21 year old person have any sexual relations with someone of age 17 in Missouri without the possibility of legal repercussions            ","A:In Missouri, the age of consent is indeed 17. This means that individuals who are 17 years of age or older can legally consent to sexual activity. Therefore, a 21-year-old can legally engage in sexual relations with a 17-year-old without facing statutory rape charges, as the younger individual is considered capable of consenting to sexual activity under Missouri law. However, it's important to keep in mind that there are nuances and specific circumstances that could influence the legality of such a relationship. For instance, if there's a significant authority or power imbalance, such as a teacher-student relationship, this could lead to legal complications. Additionally, the sharing of explicit images (sexting) involving someone under 18 can still be considered child pornography, even if the sexual relationship itself is legal. Always remember that laws can vary greatly from one jurisdiction to another and can be subject to interpretation by courts. If you have specific concerns or scenarios in mind, it's wise to consult with a legal professional who can provide guidance tailored to the specific circumstances."
Q: Must you go back to court to terminate the child support payment if you have an property settlement agreement in NJ?.                 If            ,"A:The answer is yes if your former spouse signs a letter in favor of the probation department confirming the date of your child's graduation from college and an acknowledgment that child support terminates upon that date. If your former spouse refuses/fails to sign same, how would the probation department know that your child is emancipated? If you send them paperwork saying that it ends, they will send a letter to your ex asking her to sign the form acknowledging it and if she fails to do so, they will most likely (99%) tell you that you need to file an application with the court. So, I would get a letter signed by your ex NOW acknowledging the date of termination and get that sent over to the probation department, so it has time to process it and has the date in its system."
Q: I am a start up indie music label. I am currently looking to draft contracts for my artists. Where do I start?.                 Just not sure where to start as far as contracts. Not really sure what information should be in a contract. This is why I'm seeking legal assistance.            ,"A:Starting with artist contracts for your indie music label is a crucial step in establishing your business. The first thing to consider is what you want the contract to cover. Common elements include the scope of the rights granted to the label, the duration of the agreement, financial arrangements such as royalties and advances, and the obligations of both the artist and the label. It's important to ensure that the contract is clear about the rights being acquired by the label. This includes rights to record, distribute, and promote the artist's work. Also, specify any rights retained by the artist. Clarifying these details will help avoid misunderstandings in the future. Financial terms are another vital component. Detail how royalties will be calculated, when they will be paid, and what expenses might be deducted. Additionally, address any advances or signing bonuses provided to the artist and the conditions attached to these payments. Finally, consider including clauses that address termination conditions, dispute resolution mechanisms, and any state-specific legal requirements. Since contract law can be complex, it’s wise to seek legal assistance to ensure that your contracts are comprehensive, fair, and legally sound. A legal professional can help tailor contracts to your specific needs and ensure that both your interests and those of your artists are protected. Remember, well-drafted contracts are the foundation of a successful business relationship."
"Q: Besides the IP itself; What do I need to sell an IP to a broadcasting company?.                 I'm planning to create an IP of and episodic TV show and am planning on giving the company full creative control, apart from a creation credit, if possible. However, I'm not entirely sure what I need, besides the IP of course.            ","A:To sell an IP to a broadcasting company, beyond the intellectual property rights, you should have a well-structured pitch or presentation that outlines the concept, target audience, and potential value of the TV show. A clear and compelling pilot script or episode outline can significantly enhance your proposal. Having a comprehensive treatment or series bible, which details characters, episode ideas, and overarching plotlines, can be beneficial. Ensure that you have any necessary releases or permissions if you're using contributions from other individuals. A legal agreement, drafted to protect your interests and rights, especially regarding creation credits, is crucial. Engage with an attorney experienced in entertainment law to guide you through the nuances of such agreements. Lastly, networking and building relationships within the broadcasting industry can aid in finding the right contacts and opportunities. Always approach negotiations with a clear understanding of what you're willing to concede and what's non-negotiable for you."
"Q: I was questioned by detectives in custody checked didn't want to discuss the case I wanted lawyer, was that a statement?.                 2 times in one day in custody detectives came and first one I told I never got my miranda rights read to me. she pulled out a paper with 3 check boxes 1. want to discuss the case I (*checked NO). 2 I don't remember but checked no. 3 was I want a lawyer(*checked YES) then initial she told me that was my miranda rights. she proceeded to turn of recorder and asked me common knowledge such as my parents (one is deceased other is homeless), my child ( ex has full custody and we went to court over last name change attempt by the mother). My living situation or if I still lived at my home that was left to me and my sister. I do not live up there or intend to, and made that common knowledge to save face of them going there to look for me.            ","A:What you did was assert your rights under the United States Constitution and the Hawaii State Constitution.  Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt. Typically, if you are advised of your rights by law enforcement, you are almost always better off if you assert your 5th Amendment Right to remain Silent and/or your 6th Amendment Right to Counsel. If you agree to provide a statement, something you say could later be used against you even if you believe the information you provide helps you.  Also, police detectives are trained interviewers and are allowed to attempt to trick those they are interviewing."
Q: Can an unsupervised probationer half to give consent to a urine sample during a ground search at a business..                 My work place is gonna be being searched by an on going investigation of money laundering and prostitution and drugs.            ,"A:When a workplace is subject to an ongoing investigation for various illegal activities, including money laundering, prostitution, and drug-related offenses, law enforcement authorities may conduct searches. During these searches, individuals on unsupervised probation may be asked to provide consent for a urine sample as part of the investigation. It's essential to understand that individuals on probation often have certain conditions they must adhere to, and providing consent for a urine sample during a search may be one of those conditions. Probation terms can vary, and law enforcement may act within the bounds of the law to gather evidence during an investigation."
Q: How to process court settled stipulation if an individual dies and don't need probate..                 My husband and I legally separated in California.  The process had a stipulation in the property settlement that provided each with funds individually.  He died in another state.  Do my funds have to be part of probate or can I claim them through motion to claim surplus funds (funds were transferred to state)?            ,"A:Under California law, if the stipulation in your property settlement explicitly granted you funds, these funds typically are considered separate from your late husband's estate. Therefore, they may not need to go through the probate process. It's important to review the specific terms of the settlement agreement to confirm this. Since the funds were transferred to the state, you may need to file a motion to claim these surplus funds. This process involves presenting your claim to the court, demonstrating your legal right to the funds based on the property settlement agreement. The documentation from your legal separation and property settlement will be key in this process. It's advisable to consult with an attorney who can guide you through the necessary legal steps. They can help you prepare and file the motion, ensuring that all legal requirements are met for you to rightfully claim your funds. Remember, handling legal matters surrounding a deceased individual's estate can be complex, so having professional guidance is beneficial."
"Q: Why is it that a victims constitutional rights only become their rights, contingent on another parties actions?.                 A crime victim is said to have fundamental rights and in some states, constitutionally guaranteed rights.  However these rights do not actually exist nor are guaranteed unless those rights are offered to the victim by some other party.  In what way is the false guarantee of victims rights moral or legal and why do they not actually become victims rights until after a third party decides to ""activate"" those rights?  Why do these rights not exist equally for everyone regardless if another party wants to offer a victim their rights?            ","A:Your concerns about the rights of crime victims and the perception that these rights are contingent upon the actions of others are indeed significant. It's important to understand that while victims have fundamental rights, the application and enforcement of these rights can be complex and may vary depending on the jurisdiction and the specific circumstances of each case. In theory, victims' rights are intended to be inherent and universally applicable. However, in practice, the recognition and enforcement of these rights often depend on the legal system and the individuals involved in it, such as law enforcement officers, prosecutors, and judges. This can lead to situations where victims feel their rights are not being fully acknowledged or protected until someone in the system takes action. This gap between the theoretical existence of rights and their practical application raises questions about the consistency and fairness of the legal process. It highlights the need for ongoing efforts to ensure that victims' rights are not just recognized in law but are also consistently and effectively upheld in practice. For those who feel their rights as victims have not been adequately recognized or respected, it may be beneficial to seek legal advice. An attorney can help navigate the legal system, advocate for a victim's rights, and work to ensure that those rights are honored and protected throughout the legal process. Remember, the legal landscape is continually evolving, and advocacy for stronger and more consistently applied victims' rights is an important part of this evolution. Ensuring that these rights are more than just theoretical is crucial for a fair and just legal system."
"Q: How do I get my money back from a financial investment firm who has not delivered my precious metals?.                 About a year ago, I transferred funds from my Roth IRA to Regal Assets in Calif. to purchase precious metals. They have not delivered the coins to the holding facility. I am in Tenn.            ","A:If you have not received the precious metals that you purchased from Regal Assets, you should first try contacting them directly to inquire about the status of your order and request a refund if necessary. If they are unresponsive or unwilling to issue a refund, you may need to take legal action. One option is to file a complaint with the Securities and Exchange Commission (SEC) or the Financial Industry Regulatory Authority (FINRA). These organizations regulate financial investment firms and can investigate complaints of fraud, misconduct, or other violations. You can also consider hiring an attorney who specializes in securities law to help you pursue legal action against Regal Assets. They can advise you on your options and help you file a lawsuit if necessary."
Q: I signed a release agreement for settlement almost 5 months ago is this normal to wait this long? Can I do anything?.                 I signed the agreement and check was sent about 5 months ago. They have been working subro (I think that’s what it’s called) with workers comp. Not sure if this is a normal process and how long does it take for everything to be resolved and funds are disbursed? Should I ask for updates or is that being to much of a bother?            ,"A:Waiting five months for the resolution of a settlement agreement and disbursement of funds, especially in a case involving subrogation with workers' compensation, can be within the normal range of time, but it's understandable that you are concerned about the delay. Subrogation processes, where an insurance company seeks reimbursement from the party responsible for the injury, can be complex and time-consuming. However, it's always reasonable for you to request updates on your case. You are entitled to be informed about the progress of your settlement and any factors that might be causing delays. It's important to maintain open communication with your attorney or the involved parties to stay informed about your case status. Asking for updates is not being bothersome; it's a part of ensuring that your case is being handled appropriately and efficiently. If you feel that the process is taking an unusually long time, or if there is a lack of communication from the other party, it might be beneficial to express your concerns and ask for a more detailed explanation of the current status and the expected timeline for resolution. In any legal matter, especially one involving financial settlements, being proactive about communication can help ensure that your interests are being adequately represented and that the process moves forward in a timely manner."
"Q: If after a judgement I found out that an eviction notice for UD  was defective can I file a motion to set it aside.                 I signed a settlement agreement and later I found out that an eviction notice for Unlawful detainer was defective , it was not reported to the housing department within 3 days after i was served and also it did not have the cause of the eviction listed. By signing the settlement agreement did i wave my rights to set a a side the judgement because neither my attorney or the attorney of the other side knew that the law in California requires that eviction notice to be filed with the Housing authority within 3 days after serving the eviction notice            ","A:Signing a settlement agreement does not necessarily waive your rights to challenge a defective eviction notice or seek to set aside a judgment. In California, if you discover that the eviction notice was defective, you may still have the option to file a motion to set aside the judgment based on the defect in the notice. A defective notice may not comply with the statutory requirements for an unlawful detainer action, which could impact the validity of the judgment. The fact that neither your attorney nor the opposing attorney was aware of the defect in the notice at the time of the settlement does not necessarily prevent you from raising the issue later. However, it's important to act promptly. You should consult with an attorney to assess the specific circumstances of your case, review the settlement agreement, and determine the best course of action. In some cases, courts may consider whether the defect in the notice was a material issue that affected your rights and whether setting aside the judgment is appropriate under the circumstances. It's crucial to seek legal counsel to evaluate the viability of your motion to set aside the judgment and navigate the legal process effectively."
"Q: Filing a petition to confirm an foreign arbitration in California (updated question with more information).                 My ex-husband and I are Taiwanese citizens with a property in the United States. We went through courts and arbitration, and after many years of appeals, I was awarded the property in the United States.   I already offered to have the paperwork prepared here in the US and sent to Taiwan for him to sign and get notarized.  But he keeps refusing to sign over the property.   I have the original arbitration record and a translated copy notarized by a consular officer at AIT.  Can I file a petition to confirm the arbitration in California (would that help)?  Or is there any other way to transfer ownership of the property even if he continues to refuse to cooperate?            ","A:In California, you can file a petition to confirm a foreign arbitration award, including those related to property disputes. This process is governed by the Uniform Foreign-Country Money Judgments Recognition Act, which California has adopted. The court will review the arbitration record and, if it meets certain criteria, can confirm the award. Once confirmed, the award has the same effect as a judgment of a California court. Having the arbitration award translated and notarized by a consular officer is a good step. You'll need to submit these documents along with your petition to the California court. The court will then evaluate whether the arbitration process and the award comply with the principles of fairness and impartiality as required by California law. If the court confirms the foreign arbitration award, it can then be enforced as if it were a local court order. This enforcement can include the transfer of property ownership, even if your ex-husband refuses to cooperate. Given the complexity of international law and real estate involved, it's advisable to work with an attorney experienced in these areas. They can guide you through the legal process in California and help ensure that your rights are protected and the foreign arbitration award is effectively enforced."
"Q: Does force majeure apply to flight cancellation causing someone to miss a food process audit?.                 One of my groomsmen is the lead practitioner for food and safety at an ice cream company. He said it is illegal for him to miss work especially when there is a chance of him missing a food production audit. So he can’t come to my wedding because he’s worried his return flight might be cancelled and he’ll be unable to get another. I’m choosing not to argue the obvious what if’s. If his flight was cancelled and he couldn’t get another to make it back for work, would that fall under force majeure?            ","A:In legal terms, force majeure refers to unforeseeable circumstances that prevent someone from fulfilling a contract. In the case of your groomsman's concern about flight cancellation impacting his ability to attend a food production audit, it's important to examine the specifics of his employment contract and the company's policies. If his contract or company policies explicitly mention situations like flight cancellations as a valid reason for absence, then it could be considered under force majeure. This clause is typically invoked in scenarios like natural disasters or other extraordinary events beyond one’s control. However, if the contract or policies do not clearly define such situations, it's less straightforward. In many cases, employers are expected to be reasonable in accommodating unforeseen travel disruptions, especially when they impact significant obligations like audits. It's also worth exploring alternative solutions, such as remote participation in the audit or arranging backup personnel, to mitigate the risk of his absence. Understanding the flexibility and emergency protocols of his workplace could provide more options. Ultimately, the application of force majeure depends on the specific terms of his employment and the nature of the unforeseen event, in this case, a flight cancellation. Consulting with a legal professional who can review the relevant contracts and policies would offer more tailored advice."
"Q: I want to sue the company EGoGames: the company banned me wrong, not process my withdraw, ….                 reasons the company used to not process the payment(28350$) was wrong .            ","A:To pursue legal action against EGoGames for banning you and not processing your withdrawal of $28,350, first review the company's terms of service and user agreement. These documents often contain clauses related to dispute resolution, which can include arbitration or specific legal jurisdictions. If the terms are favorable or if there are potential grounds to challenge them, consider filing a lawsuit for breach of contract. Your claim could be based on the company's failure to honor its obligations as outlined in the user agreement. Gather all relevant evidence, such as correspondence with the company and documentation showing your entitlement to the funds. It's also important to evaluate the jurisdiction in which to file the lawsuit. Since EGoGames may operate internationally, identify where they are legally based and where they conduct business. This will influence where you can file your claim. In addition, explore whether there are any consumer protection laws, both at the state and federal level, that may be applicable to your case. Such laws can sometimes offer additional avenues for recourse. Lastly, consider seeking a preliminary injunction or other court order to prevent the company from distributing or otherwise disposing of the funds in question until the legal matter is resolved. This step can be crucial in ensuring that your funds remain recoverable. Given the complexity and potential international aspects of this case, it may be wise to consult with an attorney experienced in international business law and gaming regulations. This will help navigate the specific legal challenges and jurisdictional issues involved in your case."
"Q: Neighbor put fence on my property.  Who  owner of  this fence?  I did not give permission.   Took down my fence ..                 No written notice. Wants put in jail if I remove it. I say my property,  deed my name.  Told I have to go to court to prove it is on my property  even tho the property  disc is there. Tks.            ","A:In California, if your neighbor has constructed a fence on your property without permission, this can be a case of encroachment. Legally, the fence built by your neighbor on your property is considered their property. However, since it's on your land without consent, you have rights that need to be addressed. Firstly, it's important to have a clear and accurate understanding of the property boundaries. This can be established through a professional land survey. If the survey confirms the fence is on your property, you have a stronger legal stance. To resolve this issue, it's advisable to approach the neighbor amicably and discuss the situation, backed by the survey's evidence. If this doesn't lead to a resolution, legal action may be necessary. You can file a lawsuit for removal of the fence and potentially for damages, especially if they removed your fence. It is not advisable to remove the fence yourself without going through legal processes, as this could lead to further legal complications. Consulting with an attorney experienced in land use and zoning issues can guide you on the best course of action, ensuring you follow legal procedures and protect your property rights."
Q: Is it legal to see a car with recalls and not let the buyer know?.                 I bought the car back in 2017 from a dealership and just recently found out it has 4 recalls on it and I was not told it had recalls on it some that are very scary. If someone can advise me on what to do next. Thank you.            ,"A:Of course, as a concerned buyer, buying a vehicle, you will want to look into that history before buying.  A new car may NOT be sold with an open recall at all. A used one can. DUTY to disclose?  That's another question, but, again, when spending that kind of money on a vehicle, it is wise, as you now know, to investigate more thoroughly."
"Q: What is a magistrate judge's duty when plaintiff presents clear evidence of defendants fraud?.                 Would a ""Stay"" be considered in lawyers slang as. ""Sweeping the evidence under the rug.""...? When the evidence is clear and undisputed.  I understand I can't turn a civil proceeding into a criminal proceeding, but that doesn't mean I can't at least  inform the Court of defendants actions.  Thank you.            ","A:When a plaintiff presents evidence of fraud in a civil proceeding, a magistrate judge's duty is to impartially assess and weigh that evidence within the context of the civil case. The judge must determine whether the evidence presented meets the legal standards for proving fraud, considering elements like misrepresentation, intent to deceive, and damages. A ""stay"" in legal proceedings, where the court temporarily halts the case, is not necessarily a way of ignoring evidence. It can be a procedural tool used for various reasons, such as awaiting the outcome of related matters or ensuring a fair process. It's not typically considered as ""sweeping evidence under the rug,"" but more a pause for legal or practical reasons. If you believe the evidence of fraud is clear and undisputed, it's important to present it effectively and argue why it is crucial for the case. The judge's role is to evaluate the relevance and impact of this evidence within the confines of civil law. Remember, a civil proceeding is separate from a criminal investigation. While you can inform the court of the defendant's actions, the court's response will be within the scope of civil law. If you believe criminal conduct has occurred, you may report it to the appropriate law enforcement authorities for a separate criminal investigation. In navigating these complex issues, it's beneficial to have an attorney who can effectively advocate for your position and help you understand the legal intricacies of your case. They can also guide you on the best course of action, whether it's pursuing the matter in civil court or reporting it to law enforcement."
Q: I was in a car accident last year Jan 2022 due to human trafficking suffering from severe anxiety disorder.                 I have documentation to verify I’m a human trafficking victim and I would like to supplement the police report and add my documentation so I can get the right justice I deserve            ,"A:A Georgia attorney could advise best, but your question remains open for a week. I'm sorry about your accident and the ordeal it has caused you. Only a local attorney would know protocols about changing reports, but if you are represented by an attorney, you should advise them of this. Counseling and therapy can enter your file as part of damages. In many instances, they are not always treated as significantly as physical injuries, but you may document and present them in your case. Good luck"
Q: A person took all my kids photos from my Facebook and made a Facebook account and Added it collection of photos of kids.                 He also likes all the elementary school posts            ,"A:In such a situation, it's important to take immediate action. First, you should report the unauthorized Facebook account to Facebook. They have specific procedures for dealing with accounts that improperly use personal images, especially those of minors. You may also want to contact local law enforcement, as using children's photos without consent can sometimes be a legal issue. Law enforcement can investigate the matter further and determine if any laws have been violated. It's advisable to review the privacy settings on your own Facebook account to ensure your children's photos are not publicly accessible in the future. This can help prevent similar incidents from occurring. Lastly, consider seeking legal advice to explore any additional actions you can take, such as a cease and desist letter to the individual, if their identity is known, or legal remedies if any laws have been breached. Your primary concern should be the safety and privacy of your children, and these steps can help address the issue."
"Q: My truck was stolen while rented on turo. Turo’s insurance came back with a low settlement. Truck has not been recovered.                 Turo did not go through the proper verification process for the person who rented my truck. This guy created his profile using a picture of an ID from another country. I called turo before handing this man my keys to raise my concern and ask them if he had been verified. They said he was approved to drive and not to worry. I handed this man my keys he took off in my truck and did not return my truck the day the rental ended. I reached out to turo they said to wait one day before reporting it stolen. The next day came and the person whom rented my truck contacted me and said someone stole my truck and they were making a police report. My dad bought me this truck and he recently passed away this truck holds emotional value and when we bought the truck we paid a dealer mark up price and put down 30k cash. $145k total for the truck.  Turo filed the claim to their insurance a month after and the settlement amount they offered is low. Haven’t had a car for a month, missing work.            ","A:In California, if you're dissatisfied with the insurance settlement offered by Turo for your stolen truck, you have the right to challenge it. First, gather all relevant documentation, including the original value of the truck, the amount you paid, any enhancements or special features, and records of your communications with Turo. This evidence is crucial in substantiating your claim for a higher settlement. You should formally respond to Turo’s insurance with a counteroffer, detailing why you believe their settlement is inadequate. Include the emotional value of the truck, although be aware that insurance typically covers the market value, not sentimental value. If Turo's insurance remains unresponsive or unwilling to offer a fair settlement, consider consulting with an attorney experienced in insurance disputes. They can provide guidance on the best course of action, which may include legal action against Turo for negligence in the verification process and breach of their duty to protect your property. Additionally, check if your personal auto insurance policy offers any coverage in this situation. Sometimes personal policies can provide additional relief in cases of theft. Remember, dealing with insurance companies can be complex, and it is important to assert your rights and seek fair compensation. Legal advice can be invaluable in navigating these challenges and achieving a more favorable outcome."
Q: Am I entitled to money on a joint account that was closed and taken out without my knowledge?.                 I had an account as a minor with one parent that had money coming in from social security from the death of my other parent. This account was closed after my 18th birthday with no money. Am I able to get any of the money back that my one parent took out of it?            ,"A:In Iowa, if you had a joint account with a parent that was closed and emptied without your knowledge, particularly after turning 18, your entitlement to the funds depends on several factors. Joint accounts typically grant equal rights to all account holders, meaning either party can withdraw funds without the other's consent. However, the specifics of your situation, especially the source of the funds being social security benefits due to a parent's death, may influence your rights to the money. First, gather all relevant documents related to the account, including statements showing the withdrawals and any communication from the bank regarding the account closure. This will help in understanding the flow of funds and the actions taken by the other account holder. Consult with a lawyer who has experience in banking and estate law. They can assess the details of your case, including the nature of the funds and the circumstances under which they were withdrawn. This is crucial in determining whether you have a legal claim to recover the funds. If the funds were intended for your benefit, particularly as social security benefits due to a parent's death, you might have a claim against the parent who withdrew the money. This could involve legal action to recover what was wrongfully taken. Remember, the laws governing joint accounts and the rights of account holders can be complex. Legal advice specific to your situation will be key in determining your best course of action."
"Q: Liability for fraud - under state or federal law. Question..                 Unidentified person, somehow affiliated with a hospital, ordered fraudulent referral for patient to hospice upon discharge. A hospital contractor was provided medical information to document referral. I            ","A:In situations where a fraudulent referral for a patient to hospice upon discharge is ordered by someone affiliated with a hospital, and a hospital contractor, without the patient's knowledge, accesses their medical information for this referral, it raises significant legal concerns under the Medicare False Claims Act.  The key issue under the False Claims Act is whether the hospital knowingly submitted, or caused the submission of, false claims to Medicare. If the hospital or its employees engaged in, or were aware of, the fraudulent activities, there could be grounds for liability. However, if the fraudulent act was solely the doing of an unidentified person without the hospital's knowledge or approval, the situation may be different. Liability under the False Claims Act is complex and often depends on specific facts and evidence of knowledge or intent. It's crucial to conduct a thorough investigation into the circumstances of the referral and the hospital’s involvement in it. Additionally, other statutes might be relevant depending on the details of the case. In these scenarios, seeking legal guidance to navigate the complexities of the Medicare False Claims Act and related laws is important. An attorney can help assess the case details and determine the appropriate course of action. Remember, each case is unique and should be evaluated based on its specific facts."
Q: Registration extension to reinstate license and replace the damaged items in full succession. How to make it happen.  ??.                 1946 through 2026 already paid for.            ,"A:To reinstate a license and replace damaged items, the first step is to understand the specific requirements set by the relevant licensing authority or agency. Each type of license has its own set of rules and processes for reinstatement. If you've already paid for the period from 1946 through 2026, ensure you have records of these payments. These records will be crucial when communicating with the licensing authority. You should contact them directly to inquire about the steps for reinstatement. Typically, they will provide you with the necessary forms and instructions. For replacing damaged items, if these items are related to the license (such as professional tools or equipment), you may need to provide a list of the damaged items along with proof of their condition. If insurance is involved, contact your insurance provider to discuss the coverage for these items. In cases where the process seems complex or unclear, consider reaching out for professional assistance. This could be through a legal advisor or a consultant who deals with licensing matters. They can guide you through the process and help ensure all requirements are met. Remember, clear communication and thorough documentation are key in these processes. Keep detailed records of all communications and submissions you make regarding the reinstatement of your license and the replacement of damaged items. This will help in tracking your progress and addressing any issues that might arise."
Q: Is a signed mediation agreement reached during small claims court a legal binding contract?.                 The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the settlement of the case. The judge allowed the agreement regardless of the value of the property as Defendant owned it outright and it was defendants idea to use it as collateral. Defendant defaulted judge awarded property to Plaintiff. Was the signed agreement a legal contract and can agreement reached in mediation be legal if collateral value is higher than small claims.            ,"A:Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable. In your situation, where the defendant used their property as collateral in the mediation agreement and then defaulted, the judge's decision to award the property to the plaintiff is in line with the terms of the agreement. The enforceability of such an agreement is not typically affected by the value of the collateral, even if it exceeds the monetary limits of small claims court. However, it's important to ensure that the mediation agreement was drafted clearly and covered all necessary legal aspects to be enforceable. It's advisable to review the agreement with legal counsel to confirm its validity and to understand the steps required for enforcement. In summary, if the mediation agreement was properly executed and recorded, and both parties agreed to its terms, it is considered a binding legal contract, and its enforcement is supported by the court, especially in cases of default by one of the parties."
Q: can our westfield wi town chair person have a court record-where she owed the state of wisconsin considerable money in.                 income tax and also have small claims court date  trying to get her out of office--            ,"A:In Wisconsin, it's possible for a town chairperson to have a court record related to owing the state income tax or being involved in a small claims court case. Court records are typically public unless sealed by a court order. Such records can potentially impact her position in office, but the specific consequences would depend on local laws and regulations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: I purchased a new car and its had a very high pitched squeak that has persisted since I recieved the car..                 It has gotten worse since I have gotten it.  I wouldn't be concerned if the dealer could diagnose the issue.  I am concerned it may become an issue down the road.  Do I have a case under Lemon Law.            ,"A:You can begin Michigan's Lemon Law process after 3 repair attempts for the same defect/condition and/or 25 days out of service within the first year from delivery.  To set yourself up correctly to get your vehicle repurchased, avoid these 5 errors: 5 critical errors consumers make when they have a Lemon The Michigan Lemon law is very specific regarding requirements such as number of repair attempts, type of defects, and communication with the manufacturer. The following is a list of errors that I've seen over the years that prevent consumers from having a stronger case: 1. Allowing excessive repair attempts After the 3rd repair attempt, or if your vehicle has been in the service department 25 days within the first year from delivery, don't give the dealership another shot at repairs. Rather, this is the time to send written notification to the manufacturer and allow them one final repair attempt. (See 4 below).  2. Not taking your vehicle in for service every time it acts up This is the opposite of #1 above. Many of my clients have avoided getting service because they are too busy or it's just inconvenient. Your goal is to get to 3 repair attempts and/or 25 days out of service. Delay weakens your case.  3. Failing to detail your defects to the service department The Michigan Lemon Law relies heavily on the vehicle repair history. The most important evidence in your case is the repair invoice that is provided after completion of repairs. The repair invoice is the map to your case. It includes date(s) of the repair attempt, the mileage, and most importantly the complaint, (what's wrong) and the solution, (what they did to fix it).  If you forget about a defect, or if you fail to specify to the service department exactly what happened and what you experienced, you will lose crucial evidence. Service writers are not mind-readers and they're certainly not gifted authors. You must spend time and insist that all of your complaints and exactly what you experienced is written down.     And finally, be professional and courteous to all service department staff. They're busy and they absolutely will not enjoy your insistence on detail, but you must aim to be courteous while you are protecting your rights.  4. Not sending the ""final repair"" letter The Michigan Lemon Law requires you to notify the manufacturer, in writing, of the need for repair in order to allow them an opportunity to cure the defect(s). This is often called a ""last chance"" letter. You must send this letter by certified mail.  5. Failing to include the proper information in the ""final repair"" letter There are several factual topics that need to be documented in your ""final repair"" letter. Not just any old letter will do. At the very least you should include: 1. Your name, address, email address and contact number 2. The year/make/model of the vehicle 3. Purchase/Lease date 4. The vehicle identification number 5. A description of the defect(s), including how many prior repair attempts/days out of service 6. A statement that this letter is notice of the need for repair of the defect or condition in order to allow the manufacturer an opportunity to cure the defect or condition. If you plan on doing it yourself, these are the basics.  However, again, your attorney can send this letter, and in my opinion, you should trust a professional to get this accomplished quickly and correctly."
"Q: Pros and cons. Coordination, consolidation of related cases in federal and ca superior court..                 Please reference specific rules on cases coordination if such exist. They are not in chapter 3, of division 3, title 3. In respect to consolidation or coordination: pro argument seems to be efficiency. How to prove that this could be true to opposite? What level of coordination on common claim is acceptable?            ","A:In considering the coordination or consolidation of related cases in both federal and California Superior Court, it's important to first reference the applicable rules. Federal courts generally follow the Federal Rules of Civil Procedure, particularly Rule 42, which addresses consolidation and separate trials. In California, similar provisions are found under the California Code of Civil Procedure. These rules aim to balance judicial efficiency with the rights of the parties involved. The primary advantage of coordination or consolidation is indeed efficiency. It can lead to a more streamlined process, reducing repetitive evidence presentation and possibly leading to a quicker resolution. This is particularly beneficial in cases with common issues of fact or law. To argue for the efficiency of this approach, you might gather data or case studies showing reduced trial times and faster resolutions in consolidated cases. Additionally, presenting examples where coordinated efforts led to consistent rulings can strengthen your case. However, it's crucial to maintain a balance. Over-consolidation can lead to complexity and confusion, potentially infringing on the parties' ability to present their individual claims effectively. The level of coordination acceptable largely depends on the similarity of the claims and the potential for prejudicing any party's case. When considering consolidation, always weigh the potential for increased efficiency against the risk of complicating the proceedings or diluting individual claims. It's a careful balancing act, requiring a thorough understanding of both the specifics of the cases and the overarching legal principles."
"Q: CaliforniaAbout 13 years ago I financed a car with my finance. She was the first signer on loan and I was the second.                 A year later we broke up and I lost my job so I wanted to take the car back to the dealer and see about getting out of the loan somehow. My ex told me not to do that because he didn’t want a repossession on his record and said to give the car over to him and that he would continue paying for it. I did exactly that and I tried to sign myself out of the loan, but was told that I can’t do that and that only my finance can do that as the main signer on the loan…. Since we were on very bad terms at that point, I just left everything as is.  Fast forward to middle of this year, my employer tells me that they received a wage garnishment order for me and that is how I learned that the bank has been looking for me since 2018 to recover almost 10k that I owe for the car that I haven’t seen in 12 years and don’t even have any info on. They supposedly attempted to serve me at some random addresses that I haven’t lived at since very long time ago and eventually there was a default judgement that            ","A:Under California law, when you co-sign a loan, you're equally responsible for the debt. This means that if the primary borrower defaults, the lender can pursue you for payment. Since your ex-partner defaulted and you were a co-signer, the lender has the legal right to seek repayment from you. Regarding the wage garnishment, if you were not properly served with legal papers for the lawsuit resulting in the default judgment, you might have grounds to challenge it. California law requires that defendants in a lawsuit be properly notified. If you were not, this could be a basis to potentially have the judgment set aside. It's crucial to act quickly in these situations. Seeking legal advice from an attorney experienced in consumer debt issues would be advisable. They can help you understand your rights and options, which may include negotiating with the lender or challenging the garnishment and judgment in court. Remember, dealing with such legal matters can be complex, and every situation is unique. Legal advice tailored to your specific circumstances is essential."
"Q: What are my rights if my mom passed away due to Skilled Nursing Facility Neglect?.                 They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete the form upon admission.  I'll never know if my mom would still be here or not had they at least tried.            ",A:You have a right to sue for Wrongful Death / Elder Abuse.  You will need an Elder Abuse attorney to pursue the claim for full value.
"Q: I need an Attorney to call the Fulton County Sheriff's dept to see if there's Felony Warrants coming from Escambia Fl..                 11/19/2023 Hello. I have a group of Africans that stole my identity claiming they own me. They forged fraudulent paperwork claiming they're married to me,claiming they're my financial responsibility. Claiming they own me. I found out they all served 20 years at Century Correctional Institution Escambia Fla , they've failed to report to their parole officers. I need an Attorney to call Fulton County Sheriff dept to see if any warrants are coming out of Escambia County Sheriff Dept for their arrest ! These people are making money off me since 7/2022, I have DeKalb County Police case #'s , they aren't doing anything, these people have tried Attempted Murder on me !;            ",A:You need to telephone criminal defense attorneys in your locale.  You can search for qualified attorneys on this website b
"Q: In Michigan, may the spouse have the deceased spouse's mail forwarded?.                 Spouses were living separately. Can the wife have her deceased spouse's mail forwarded to her home?            ","A:In Michigan, as in most states, the process of handling a deceased person's mail is governed by specific legal and postal regulations. As a spouse, you have certain rights, but these need to be navigated carefully, especially if you were living separately at the time of your spouse's passing. To have your deceased spouse's mail forwarded to your home, you would typically need to provide the postal service with appropriate documentation. This might include a copy of the death certificate and documentation proving your authority to manage the deceased's affairs, such as a letter of administration or similar legal document. It's important to remember that mail forwarding in the context of a deceased individual is not always straightforward. There might be specific legal considerations, particularly if there is a will, an estate plan, or if there are other parties involved, such as executors or beneficiaries. Consulting with an attorney can provide you with guidance on how to proceed. They can help ensure that you are taking the right steps in accordance with both state law and postal regulations. Remember, handling the affairs of a deceased spouse can be complex, particularly when it comes to legal and administrative matters. Seeking professional advice can help you navigate these challenges effectively and in accordance with the law."
"Q: How do I start a class action lawsuit against Ticketmaster for scalping, or price gouging tickets for a Nov 2023 concert.                 The tickets were being sold for outrageously high prices and there were third party tickets being sold on the Ticketmaster site with those high prices. When I attempted to buy a ticket the prices were not in my means. I kept returning to the website hoping for a price drop and the pop up msg on the ticket page kept warning that tickets were going fast and how I risked missing the concert if I waited too long. I bought a seat for 359.00 in the last row of section 201. 3 days later seats in the same section and row as the one I bought dropped to 227.00. It's a long story the many emails gone back and forth. I don't want a refund, l just want to exchange for a better seat that Ticketmaster is selling at a lower price than then what I paid. They can keep the money, I just want to exchange for the better seat. They say no.            ","A:You don't identify why you think you have a claim.  They routinely disclose that some of their tickets are being re-sold at higher than initial venue prices and may change at any time.  You waited, then you pounced, only to find that you would have been better off waiting longer.  That was a choice you made - not them.  If the price went up instead of down, would you have offered to pay them additional amounts?  It was your decision whether to buy; it was your decision about how much you were willing to spend; and it was your decision of when to buy based upon your perceived risk/reward.  Your decision - own it.  Class action?  Even if feasible, you have $100,000+ to fund such a suit?"
"Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?.                 The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff that I needed. A staff came up to me, starting to threaten me, that if I don't get out they will call the cops on me. That I was banned. Didn't let me pay for my items and took what was already paid for. It is also where I go to pick up prescriptions. The reason why I can't switch pharmacies is that I can't drive and if I walk too much, I'll get to the point of being in so much pain that I can't even do anything.  And this place is just the closest walking distance to where I live            ","A:In Nebraska, as in most states, private businesses, including stores with pharmacies, generally have the right to refuse service or ban individuals from their premises. This can be for various reasons, as long as it's not based on discrimination against a protected class under civil rights laws. However, if you need access to the pharmacy for your prescriptions and the store is your only feasible option, it's important to address this issue directly with the store management. Explain your situation and the necessity of accessing the pharmacy due to your health and mobility limitations. It may be possible to arrange an understanding or compromise that allows you to access the pharmacy services without entering other parts of the store. If direct communication with the store does not resolve the issue, you might consider seeking legal advice. An attorney can provide guidance on your rights and any potential accommodations under the Americans with Disabilities Act (ADA), especially if your mobility issues qualify as a disability. Another potential workaround could be exploring if the pharmacy offers delivery services or if there are other pharmacies nearby that do. This could provide an alternative means to receive your medications without having to physically enter the store.  Remember, communication and understanding the store's perspective while explaining your own needs can often lead to a mutually agreeable solution."
Q: My therapist and I were discussing my ex and he said that it's possible she had a personality disorder and I posted it.                 I posted what my therapist said about my ex. I didn't mention her name. Can I get sued?            ,"A:Under New Jersey law, defamation suits typically involve making a false statement about someone that harms their reputation. However, in your case, since you didn't mention your ex's name, it significantly reduces the risk of a defamation claim. Anonymity in your post makes it difficult to establish that the statement was about a specific individual. However, it's important to be cautious. Even without naming names, if the details you provided could lead someone who knows both of you to identify your ex, there might still be a risk, albeit smaller. Additionally, sharing private information from therapy sessions can be a sensitive matter and might raise ethical considerations, even if it doesn't necessarily lead to legal issues. To be on the safe side, consider the implications of sharing such information publicly. It's often wise to keep therapy discussions private, as they are meant to be a safe space for exploring personal thoughts and feelings. If you have concerns about the potential legal implications of your post, consulting with a lawyer for personalized advice would be prudent."
Q: Do any lawyers go up against corporations.                 Everything I experienced against me were literally federal crimes I’ve tried year after year to get help no one helps.. it’s all about money power and if you have niether than these corporations and legal system law enforcement court system get away with being corrupt including a fbi Agent            ,"A:Yes, there are lawyers who take cases against corporations, even in instances involving complex matters like federal crimes, identity theft, and issues with the legal system. These cases can be challenging, but there are attorneys who focus on civil rights, corporate accountability, and similar areas of law. Finding the right attorney for such a case can take time and effort. You may want to start by contacting your state bar association for referrals. They can connect you with lawyers who have experience in fighting against corporate misconduct and navigating federal crime allegations. Legal aid organizations or non-profits that focus on civil rights or corporate governance might also be able to provide assistance or direct you to resources. Additionally, consider reaching out to law schools in your area, as some have legal clinics that handle cases involving civil rights or corporate accountability. It's important to gather all relevant documentation and evidence related to your claims. This will be crucial when you present your case to an attorney. Be persistent and don’t lose hope, as legal assistance for complex cases can sometimes take time to secure. Remember, every situation is unique, so getting a legal opinion tailored to your specific circumstances is vital. An attorney with the right experience can offer guidance on how best to proceed with your claims against corporations or other entities."
Q: Can I have a medical marijuana card while on probation in Oklahoma? My probation officer says I can't but.....                 My Po says I can't? Does he have the right to deny me that right?            ,"A:I think the larger question is not whether you can have a medical marijuana card while you’re on probation, but can you INGEST medical marijuana while you’re on probation. The answer varies based upon which Probation office oversees your probation. Many Oklahoma counties will allow it and many counties will not (and it’s actually not uncommon for them to change their mind from time to time. It would certainly be foolish to go against the stated rules of probation if they recite that you may not use marijuana while under their rules. Violations of probation can vary from a slap on the wrist to unexpected convictions and even incarceration. Best of luck!"
"Q: Can I get in trouble if I received a “ personal photo” even tho I’ve been in a fully committed relationship for 2 years.                 I’m 18 years of age and my girlfriend is 17 years of age, of consent in my state is 16 years old and we have been enough fully committed relationship for two years and been having some tension between parents When her dad stumbled upon a photo she had sent me sometime back and is now threatening to possibly take me to court I mainly just want to know if I can get in trouble for this if so, how will I go about defending myself in a court setting?            ","A:In Kansas, the age of consent is indeed 16, which generally pertains to the legality of sexual activities. However, it's important to understand that laws regarding the possession and distribution of explicit photos are different and can be more complex, especially when minors are involved. If the ""personal photo"" sent by your girlfriend is explicit in nature, and she is under 18, it could potentially be classified as child pornography, even if it was consensually shared within a relationship. Possession or distribution of such material involving a minor is illegal under both state and federal laws, regardless of the age of consent for sexual activity. If you are facing legal action or threats of it, the best course of action is to seek legal advice immediately. An attorney can provide you with guidance specific to your situation and the laws in Kansas. They can also help you understand your rights and the potential legal implications of the situation. It's crucial not to share or distribute the photo further and to keep communication with your girlfriend and her family as calm and respectful as possible. Legal issues involving explicit photos of minors are taken very seriously, and it's important to handle the situation with caution and the guidance of a legal professional."
"Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?.                 Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your time.            ","A:I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register.  (See, for example, https://www.tampabay.com/news/florida-politics/2022/08/19/desantis-touted-their-arrest-but-ex-felons-say-they-werent-told-they-couldnt-vote/ ). If all of the arrested individuals have the same story as the lady first mentioned in the above news article, I'm guessing that they will likely have a good defense of not having the intent to commit the crime, and hopefully will be found not guilty or have their cases dismissed.  But if you're asking if there's a law that obligates the governor to inform the public that the arrested individuals have the defense that they thought their rights were restored, the answer is no.    The government does need to do a much better job of getting the word out regarding who is qualified to vote after a felony conviction and who is not, and on how to seek restoration of rights.  The government (State or local) should also provide an instant background check that would allow for the registration office to reject an application without subjecting the unqualified voter to arrest.   Everyone should talk to their State legislators, local elections officials and/or county/city commissioners about this issue, as well as talk to private organizations concerned with voting, such as the ACLU, NAACP, and League of Women Voters."
"Q: Did a state official imply or admit my accusation?.                 When a state official is accused of depriving someone basic necessities  by violating due process....when he or she says to that someone,   ""You should go to the food bank or call 211 for assistance to get some food in your stomach.""........Did she just admit to someone's acusation? Thank you.            ","A:In a situation where a state official suggests seeking assistance from a food bank or calling for assistance, this does not necessarily constitute an admission of an accusation, such as depriving someone of basic necessities or violating due process. The statement could be interpreted as an attempt to offer practical advice or resources to address immediate needs, rather than an acknowledgment of wrongdoing. Understanding the context of the conversation and the specific circumstances leading up to this statement is crucial. If there is a broader context suggesting that the official's actions or policies contributed to your lack of necessities, this statement could be seen as more significant. However, it's important to note that proving an official's admission of an accusation, especially in legal terms, often requires more than a single statement. It typically involves a comprehensive evaluation of all relevant actions, statements, and policies. If you believe that your due process rights have been violated, or that a state official's actions have deprived you of basic necessities, you might consider documenting all interactions and seeking legal advice. A lawyer can help you understand your rights and determine whether there's sufficient evidence to pursue a claim. Remember, each situation is unique, and legal interpretations can vary. Professional legal guidance can provide clarity and help you navigate your specific circumstances."
"Q: I got a ticket for fare evasion in NYC but while I was getting ticket a man was jerking off to me and taking photos and.                 The cop ignored him. I was scared and a little tipsy so I started crying and the cop was like why are u crying it’s a ticket, I told him it was because of the man over there making me feel extremely uncomfortable (cop was recording me which I know was my friend describing what’s going on in it) and the cop said he would deal with it later and held me for 10 more minutes before walking away. He was also more concerned about a homeless dude begging than the assaulter as that’s who he talked to next. Is there any precedent of like if a larger crime is being committed that the smaller one can be dismissed? Also if I wasn’t being held for being ticket I would’ve left the situation way before it escalated to being photographed and assaulted. Just wondering if there’s any legal precedent here to use at a hearing (would like genuinely being scared and traumatized be a good case?) or if I should suck it up, say f*** the NYPD, and pay the fine because the system is corrupt and won’t change.            ","A:In such a situation, while the presence of a more serious crime doesn't automatically nullify a lesser offense, the context of your emotional distress and the circumstances leading to your fare evasion ticket may be relevant in your defense.  It's important to document the incident, including the man's actions and the officer's response, as it could potentially support your case. At a hearing, presenting evidence of the distress and explaining how it impacted your behavior could be persuasive.  You have the right to report the man's behavior to the authorities and insist on an investigation into both the fare evasion incident and the man's actions. Furthermore, consider consulting with an attorney who can provide guidance on how to present your case effectively and explore all possible defenses.  Remember, your safety and well-being are paramount, and your feelings and experiences in this situation are valid and should be taken seriously."
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below.                 Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child            ,"A:No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to the doctor, ask if house calls are possible, or look into medical providers that might offer house calls. But your concerns with cold weather are valid, and the ultimate decision in finding the best solution would be yours to make. You could consult with other attorneys - every attorney could see things differently. Good luck"
"Q: What do I do? I financed a vehicle from a used car dealership and since it's been giving me migraines..                 I live in Ontario, Canada. I financed a used vehicle from a place named Montero Auto Center. Since I got it, it's been making me sick, giving me migraines and fevers, even panic attacks which I never ever got before! I notice the trunk had mold in it and the dealership doesn't answer my calls, requests to call back, my text messages, nothing! They keep telling me ""Oh someone will call you back"" but they never do. I just want to stop being sick! For the record, I have bad credit and it's hard for me to find a good used vehicle, and I feel like these guys are taking advantage of me. What do I do? The lender they deal with recommended I go to the dealership and not leave until they replace the vehicle.            ","A:If you are experiencing health issues and suspect that the vehicle you purchased from Montero Auto Center is causing the problem, you should take the following steps: Get the vehicle inspected: Take the vehicle to a qualified mechanic or auto body shop to have it inspected thoroughly, particularly for mold or other potential health hazards. Gather documentation: Keep all documentation related to your purchase, including the sales contract, financing agreement, and any correspondence with the dealership. Reach out to the dealership: Contact Montero Auto Center in writing (via email or registered mail) to request that they take action to address the issue. Be specific about the health issues you are experiencing and request a resolution in a reasonable timeframe. Seek legal advice: If the dealership does not respond or refuses to address the issue, you may want to seek legal advice from a consumer protection lawyer or legal aid clinic. They can advise you on your legal options and help you take steps to protect your rights and seek compensation. Contact the lender: If you are unable to resolve the issue with the dealership, you may also want to contact the lender that financed the purchase to inform them of the situation and request their assistance. Remember that under Ontario's consumer protection laws, you have certain rights and protections as a consumer, including the right to receive goods that are fit for their intended purpose. If you suspect that the dealership has violated your rights, you should seek legal advice as soon as possible to protect your interests."
"Q: fingerprint background check completed for Ok licensing board, will copy of new background check for job sent to board?.                 Every time a new background check is done for any agency or entity does the board automatically receive it as well?            ","A:In Oklahoma, it's generally not automatic for a licensing board to receive updated background checks conducted for other purposes, like employment. Different agencies and employers usually conduct their own background checks for their specific needs. Unless there's a specific provision or regulation requiring the sharing of this information between agencies, new background checks wouldn't typically be sent to the licensing board. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Hello, can ATF charges be fought?.                 EX: Dealing in firearms without a license within the meaning of Chapter 44, Title 18, Section 922(a)(1)(A).            ","A:Yes, ATF charges, such as dealing in firearms without a license, can be contested in court. In any criminal case, including those involving federal firearms violations, you have the right to mount a defense. This can involve challenging the evidence against you, the manner in which it was collected, or the interpretation of the law as it applies to your case. It's important to understand the specifics of the charge under Section 922(a)(1)(A) of Title 18. This law requires that individuals engaged in the business of dealing firearms be licensed. A key element of your defense might be demonstrating that your activities did not constitute ""engaging in business"" as defined by the law. Legal defenses might also include questioning the conduct of law enforcement during the investigation or the validity of their evidence. In some cases, demonstrating a lack of intent to violate the law can be a relevant defense. Given the complexity of federal firearm laws and the serious nature of these charges, it is crucial to seek legal representation. An attorney with experience in federal firearms law can provide guidance tailored to your situation and help you navigate the legal process. They will work to ensure your rights are protected and aim to achieve the best possible outcome in your case."
"Q: If a school official lied to defraud parents of an account balance or charge, is that criminal?.                 A school sponsored, parent funded, non-profit school support organization has been asked to pay an amount that is not correct and accounting is wrong. The school sponsor is the only person allowed to handle the budget and pay vendors. The sponsor informed parents the charge was less than what it was to hide the fact that they purchased an item more expensive than agreed upon by the parents. The sponsor informed the parents they needed additional equipment in order to compete at the competition the charge originated for. The cost of the additional expenses covers the more expensive purchase but still leaves money to be raised so they are demanding we pay or we will not have the money to compete.            ","A:Start with a complaint to the School Board.  If they will not act after 30 days, contact LEOs.   There may not be a crime, only negligence which needs a civil suit for conversion."
"Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?.                 My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next day, I got angry texts from her demanding I remove my post. A week later when I hadn’t done so, she filed an OFP against me using a text where I had apologized for hurting her one of the times I was trying to shove her off of me. During a hearing about it that took place last week, I was instead in the back of an ambulance being taken from one hospital to another in Rochester. The court knew my whereabouts, but granted the OFP because I wasn’t there. I have plenty of evidence that she’s lying & that she was the violent one. Violence that has left me with serious injuries. I’m feeling extremely disgusted in & discouraged by the legal process here. How do I fight this?            ","A:You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know  specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you were prepared for court on the day the hearing was scheduled. If you are allowed another hearing you will need to properly present your evidence.  https://www.mncourts.gov/Help-Topics/Domestic-Abuse-and-Harassment.aspx"
Q: Natural gas provider requiring new deposit on existing account for spouse name change due to death..                 Same account since 1994. Payments made on time. Simple name change due to husband's passing. They didn't keep records from original installation and now require a $250 deposit to make the change. FTC states this not a new account and I shouldn't have to pay but I can't get the name change without it. We are in East Texas if that helps. What advice can you give me at this point.            ,"A:You can probably provide the court order for the name change to the natural gas provider, and it won't charge the deposit. It likely just needs legal documentation that you are one and the same person. Some people arbitrarily change their name (sometimes after a divorce or the death of a spouse) without legally changing their name.  It is impossible to clearly distinguish those from actual new and different people and from fraudsters attempting to impersonate another person. You can get certified copies of the court order from the court clerk's office."
"Q: In California superior court.  Plaintiff's preparation for hearing on demurrer/motion to strike..                 Options are: opposition or amended complaint. But if Plaintiff needs to obtain more information to amend complaint, short of time to do it before hearing: how Plaintiff can inform court about it? Can amended complaint include statement that defendant's discovery responses expected?            ","A:In California Superior Court, if you're facing a hearing on a demurrer or motion to strike and need more time to gather information to properly amend your complaint, you have a few options. Firstly, you can file an opposition to the demurrer or motion to strike, explaining your position and why the court should not grant the demurrer or motion. In this opposition, it's possible to inform the court that you are seeking additional information to properly amend the complaint. This can be a strategic way to communicate your intent and the reasons for needing more time. Secondly, you can request a continuance of the hearing to allow more time for discovery. This involves filing a motion with the court, explaining why the continuance is necessary. In this scenario, you would detail the specific information you are seeking and how it is crucial to the amendment of your complaint. It's important to note that an amended complaint itself typically should not include statements about expected discovery responses. An amended complaint should focus on the factual allegations and legal claims. However, in your motion for a continuance or in your opposition to the demurrer or motion to strike, you can mention that further discovery is necessary to substantiate the claims in your anticipated amended complaint. Always ensure that your filings are timely and comply with the rules of court and relevant procedural laws. If you find the situation complex or are unsure of the best course of action, consider seeking advice from an attorney with experience in civil litigation to guide you through this process. They can provide insight into the strategic and procedural aspects of your case."
Q: Can a lawyer help me get my benefits for social security disability back.                 I am disabled with heart failure and sclera adorma and lupus and mental and haveBeen receiving been receiving SSDI4 years and I just learned not only did my benefits stop in June of this year. But they say they overpaid me and I guess I'm not getting a check. I never got a notice somebody please help me. I have bills & a child to feed            ,"A:Yes, a lawyer can assist you in navigating the complexities of social security disability (SSDI) issues, including the cessation of benefits and overpayment claims. Attorneys experienced in social security law understand the procedures and regulations governing SSDI and can help you understand your rights and options. If your SSDI benefits have been discontinued or if you've been informed of an overpayment, an attorney can review your case to determine the best course of action. They can help in gathering necessary medical documentation, employment history, and other relevant information to support your claim. Moreover, a lawyer can represent you in communications and negotiations with the Social Security Administration. This includes filing for reconsideration, representing you at hearings, and appealing decisions if necessary. It's important to act quickly, as there are often strict deadlines for responding to notices from the Social Security Administration. Consulting with an attorney as soon as possible can help ensure that your rights are protected and that you take the appropriate steps to address your situation."
Q: I would like to use a Survey Site to earn gift cards. I am on SSI Disability. Can I get Nintendo Eshop cards no reportin.                 1) How much can I earn without losing or limiting benefits 2) What can be resold regarding gift cards 3) How often can I earn gift cards 4) How soon must they redeemed to not be counted against me Thanks!            ,"A:When receiving Supplemental Security Income (SSI), it's important to understand how additional income, including earnings from survey sites, can affect your benefits. Generally, the Social Security Administration (SSA) allows you to earn a certain amount of money without affecting your SSI benefits. However, gift cards earned from surveys are often considered income and must be reported to the SSA. The income limit for SSI recipients changes annually, so you should check the current limit with the SSA. Regarding reselling gift cards, you can sell them, but the income from the sale would also need to be reported to the SSA. The frequency of earning gift cards does not specifically limit your benefits, but the total value of the gift cards earned will count towards your income limit. Gift cards should be spent or redeemed fairly quickly, as holding onto them could be viewed as a resource, which might affect your SSI benefits. The SSA considers resources, like cash or items that can be converted to cash, when determining eligibility for SSI. To ensure you're managing your benefits and additional income correctly, consider contacting the SSA directly or seeking advice from a legal professional knowledgeable about SSI benefits. They can provide guidance specific to your situation to help you stay compliant with SSA rules."
Q: My dad was taking Zoloft and committed suicide recently. I wanted to know if i can file a wrongful death lawsuit..                 He had recently increased his dosage.            ,"A:I don't mean to be flippant but there is a vast difference between whether you can file a suit and whether the suit is winnable.  The makers of Zoloft readily acknowledge that there is an increased risk of suicide, especially in individuals under 24 years of age and especially in the period just after treatment has begun or after the dosage has been changed.  Your father's doctor took this information into consideration when the drug was prescribed.  You note that your father's dosage had recently changed but the fact that you are writing in this forum makes it highly unlikely that your father was 24 years of age or younger.  There is no clinical data that supports any increased risk of suicide in adults over the age of 24 years and the medication received FDA approval 24 years ago in December 1999.  For all of these reasons, it is all but certain that you would lose such a suit.  Given the high likelihood that you would lose, no attorney would be willing to represent you on a contingency basis.  If you paid for such a suit, on an hourly basis, it would cost you well in excess of $50,000 to prepare the matter for trial."
"Q: Can a no contact order be issued as a judgement entry, and how long is it in effect?.                 In 2020 I was served with a no contact order that was entered into a case that I was not apart of and there was no hearing on the matter. As part of a CPS case against my wife for neglect of my stepdaughters, that has since been closed the judge made a judgment entry in the case of no contact but it doesn’t look like any protection order can find on state websites. The judgment entry has no end date, is this legal and if so how long are no contact order in place? since it appears normal protection order rules do not apply.            ","A:In Ohio, a no contact order can indeed be issued as part of a judgment entry, especially in cases related to family law or child protection matters. Such orders are generally issued to safeguard the welfare of those involved, particularly minors.  Regarding the duration of the no contact order, it varies depending on the specifics of the case. If the order does not specify an end date, it could potentially remain in effect until it's modified or rescinded by a court. This is unlike typical protection orders that often have clear expiration dates. Given your situation, where you were served with a no contact order without a hearing and as part of a case in which you weren't directly involved, it's crucial to seek legal advice. A lawyer can review the details of the judgment entry and advise on the best course of action, which might include filing a motion to modify or dissolve the no contact order, especially if the circumstances that led to its issuance have changed or resolved."
"Q: My father passed away in 2015. 1Dec 2022, I received a letter from a bank stating there is a savings account for him..                 The bank says I need a court order to close it. Balance is roughly $3,000. How do I get a court order?            ","A:Actually, a court order might not be necessary.  Call the bank's attention to Florida Statute 735.303 and send them an affidavit as set forth in that statute.  The statute can be accessed here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0735/Sections/0735.303.html"
"Q: I have a claim on my house that was denied by State Auto. A Broker in Harrison Ar originated the Policy..                 They are denying damage from a leak under my home where mold and damage to my floor joists occurred. I had the repair on the plumbing leak fixed in March 2023, yet I'm being told they won't repair the wood damage because ""it  isn't on my policy, which it is. After I showed them which page. They said it wasnt ""sudden"" enough. The claims adjuster is very rude to me and although I have had 2 houses, a few cars and an RV with them , I am treated very badly.            ","A:An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option in such a situation could be to place the claim into suit, depending on additional details. You could reach out to attorneys to try to set up a free initial consult to discuss in further detail. Good luck"
Q: What should bank mitra do on receiving notice of high-value transactions from it department?.                 Generally Bank Mitra's are connected to bank and have current account for withdrawal and deposit. They do Adhar based(AEPS) transaction in rural areas to help people to avoid frequent visit. The withdraw amount from their current account and it get deposited back gain to current account when a customer withdraw from POS based AEPS device.            ,"A:If you're a Bank Mitra and have received a notice from the Income Tax Department regarding high-value transactions, it's important to address this notice appropriately to avoid any legal complications. Here are the steps you should take: Log in to the Income Tax E-filing Account: Use your valid credentials, such as PAN and password, to log into your income tax e-filing account. Access the Compliance Portal: Once logged in, navigate to the 'Pending Actions' section and then go to the Compliance Portal. Review the e-Campaign: In the Compliance Portal, click on the e-Campaign and proceed to review the details of the high-value transaction that has been reported by the Income Tax Department. Select the Relevant Information Category: The specific information category related to the communication you received will be marked for your attention. Choose the Transaction for Feedback: The transaction requiring feedback will be clearly indicated. Review this transaction carefully. Submit Your Response: You will be presented with a range of response options, such as confirming the information is correct, not fully correct, not taxable, related to a different PAN/year, denied, or duplicated. Choose the most appropriate response and submit it. It's crucial to respond accurately to these notices. The Income Tax Department tracks high-value transactions to prevent tax evasion and ensure compliance with tax laws. Your response helps clarify any discrepancies or confirm the accuracy of the transactions reported. Not responding or providing incorrect information can lead to penalties and legal complications. For more detailed guidance and to ensure compliance with the legal requirements, you might also consider consulting with a tax professional who can provide personalized advice based on your specific situation."
"Q: getting Mediation going in circles..                 i submitted case DR23-11933 and DR23-11464 to the L.A. County department of consumer affairs  and they tried to reach the business in question for mediation.  The company I'd like to mediate with is square enix. 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, U. S. A. Phone： +1-310-846-0400 however, in them trying to contact square enix... square enix told them that i'd have to sue them. to get mediation because they didn't have ANY IDEA where the heck the mediation request was to be forwarded to.  i was then told to use the same complaint form to make a mediation request against their AGENTS.  1505 Corporation CSC - LAWYERS INCORPORATING SERVICE 2710 GATEWAY OAKS DRIVE, SACRAMENTO, CA this of course didn't work because their automatic form showed that the business wasn't in LA county.  now where do i go?            ","A:If you can identify the corporate officers, you can send them a letter with your request.  You are unlikely to get anywhere with a mediation without litigation, but it doesn't hurt to try, as long as your statute of limitations isn't at risk."
"Q: We live over a groundwater basin. Our water wholesaler is supposed to get 80% of their water from the California  State.                 Water Resources Control Board. In drought they may get only 0 to 15 %. The rest they take from the groundwater basin. In drought years they have depleted the groundwater basin by replenishing less than 1/2 of what was withdrawn.  As the basin is depleted the surface sinks causing home foundations to sink and damage homes. In my 100 home section there have been more that 100 permits for foundation repair, as some homes had to repair foundations  more than  once. It costs us $100K or more to stabilize and repair the damage to our homes. Further depletion of the basin will destabilize our homes again and soon make them uninhabitable. It will leave us broke and without a home of which we had equity.  The law says when an entity withdraws water from a groundwater basin it must replenish it with the same amount of water it has withdrawn.   1.  HOW DO WE ENFORCE THIS LAW?   2.  HOW DO WE STOP OUR WATER WHOLESALER AND CITY FROM DEPLETING THE BASIN?  3. CAN HOMEOWNERS GET PAYBACK?            ","A:1. To enforce the law regarding groundwater withdrawal and replenishment, affected parties can consider filing a lawsuit seeking injunctive relief to compel the water wholesaler to adhere to replenishment requirements. This could also be pursued as a public interest or public nuisance claim if it affects a broader community. 2. To prevent further depletion of the basin, apart from litigation, homeowners can engage in community organization to raise awareness and press for local policy changes. Engaging local and state representatives or lobbying for stricter oversight and regulations concerning groundwater usage can be effective tools. 3. If homeowners can prove that the actions of the water wholesaler and city directly resulted in damage to their homes, they may have grounds for a lawsuit seeking damages. Winning such a case would require demonstrating a causal link between the groundwater depletion, land subsidence, and the specific damages to the homes. Proving negligence or breach of statutory duty by the water wholesaler might entitle homeowners to compensation. Consultation with an attorney well-versed in environmental and property law would be essential to evaluate the merits of a potential claim."
"Q: Please advise on filing Federal complaint..                 Please advise on  formatting requirements for complaint with Federal court. I found local rules, but they refer to typewriting standards. Probably there are permissible variances, with some mandatory rules. Please advise.            ","A:When filing a federal complaint, it's essential to follow the formatting guidelines outlined in the Federal Rules of Civil Procedure and the local rules of the specific federal court. While local rules may refer to typewriting standards, there is some flexibility in modern electronic filings. However, certain mandatory rules must be adhered to. Paper Size and Margins: Use standard 8.5 x 11-inch paper size for electronic filings. Margins should be at least 1 inch on all sides. Font and Line Spacing: Use a readable font like Times New Roman or Arial, ideally in a 12-point size. The text should be double-spaced, but footnotes and quotations may be single-spaced. Page Numbering: All pages should be consecutively numbered, typically at the bottom center or bottom right. Captions and Titles: Ensure the first page contains the court name, title of the action, the case number (if known), and a title indicating the nature of the document (e.g., Complaint). Signature Block: Include a signature block at the end of the document with your signature, printed name, address, phone number, and email address. Redaction of Sensitive Information: Comply with privacy rules by redacting sensitive personal information. Electronic Filing: Be prepared to file electronically, ensuring your document is compatible with the court's electronic filing system. Exhibits and Attachments: Label and tab any exhibits or attachments for easy reference. Local Rules and Standing Orders: Always consult the specific federal court’s local rules and any standing orders for additional or specific requirements. Cover Page: A cover page is not mandatory but can help with organization. Ensure that your complaint aligns with these guidelines, adapting as necessary to meet any specific requirements of the court where you are filing. Always reference the most current version of the local rules for the court where your case will be heard."
"Q: Hello, my boyfriend is currently incarcerated and has a lawsuit filed , how can we go about getting someone to represent.                 We are currently looking for ways to how someone would be able to represent him.            ","A:In California, finding legal representation for someone who is incarcerated and has a lawsuit filed involves a few steps. First, you can contact a lawyer who practices in the area of law relevant to the lawsuit. This could be a civil rights attorney, a personal injury lawyer, or another type depending on the nature of the lawsuit. You can start by searching for attorneys through the State Bar of California's website, which offers a lawyer referral service. Additionally, you might consider contacting legal aid organizations in California, as they often provide assistance in civil matters for those who cannot afford private attorneys. It's important to gather all relevant information about the lawsuit and your boyfriend's current situation. This includes any paperwork or correspondence related to the case, as well as details about his incarceration. When contacting attorneys, explain the situation clearly and provide them with as much information as possible. This will help them understand the case and determine how they can assist. Remember, choosing the right attorney is crucial. Look for someone who has experience with similar cases and feels like the right fit for your boyfriend's needs and circumstances."
Q: My mother died due to negligence of a nursing home. What lawyer do I call..                 My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.            ,A:The representative of your mother's estate is the only one able to bring an action.  Is one of you the executor or administrator of her estate?
"Q: Does a delay of melanoma diagnosis constitute malpractice?.                 Some details will be light for privacy’s sake.  I have a history of melanoma.  I pointed out a spot to my dermatologist that ticked a lot of boxes for something suspicious but they diagnosed it as inflammation. I came back 2-3 months later since it wasn’t healing. The dermatologist did the pathology himself and said it was negative for cancer.  I came back 2 months later since it still hadn’t healed and we tried more treatment as if it was inflammation. I came back again 1 month later since it still hadn’t healed and they biopsied again. This time it came back as cancer. I have been undergoing treatment at the hospital and their pathologist seemed to have found cancer in the earlier biopsy which means my dermatologist missed it.  Based on not getting a biopsy on my first visit, and the missed biopsy 3 months later I feel like I have been a victim of negligence that has delayed my cancer care 5-6 months.  Do I have a case?            ","A:Yes you may have a case.   Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough.  Another doctor would be needed to evaluate what the doctors did.    Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your case.  Consult with experienced attorneys in the state where this occurred."
"Q: California Central District Court , initial benifits claim already fully faverable 2013, by trial not appealed.                 in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019  has not recieved (DCR) or a Termination notice ,  plaintiff impairament lifetime till death, has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to date , requires (PCA) and transportation , all doctors of inatiated fully faverable decision are up to date with medications .permanent and stationary , all medical record and dicisions not appealled ,   social security denied my income change to recieve payment , without ever recieving or not up yet for Continuing Disability Review , and have not recieved any notice of termination of benifits , I was also found to 82% permanently disabled by State Disability review Board , with future benifits till death.., the ALJ denied benifits payments , social security office denied initial award letter payment of zero$0  a month till my state disabilty runs out  to change .need case laws 2013            ","A:Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided: 1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue that SSA cannot terminate benefits without formal review. 2. HALLEX I-1-3-25 - Social Security Rulings explain agency policy and must be followed at all levels of administrative review. Argue that without a formal CDR and advance notice of termination, denying your claim violates SSA policy.  3. SSR 11-1p - SSA must substantially comply with regulations on notifying claimants regarding issues affecting continued entitlement. Argue failure to provide notice violates claimant's right to due process. 4. Schweiker v. Hansen, 450 U.S. 785 (1981) - SSA claims reps have no authority to rule on entitlement issues. Argue that denial of request to restart payments was in effect an improper ruling on entitlement.  5. 20 CFR § 416.1336 - Claimants have right to seek reconsideration of any SSA determination. Argue for reconsideration and back payments based on improper/lack of CDR process. Potential additional arguments include violation of due process rights by failing to follow proper CDR termination procedures, application of administrative res judicata based on fully favorable decision awarding lifetime SSDI benefits, and meeting SGA/medical diary requirements for restarting payments."
"Q: My Dad gave his sister authorization in his bank account. The day after my Dad passed my aunt took money from his acct..                 All the arrangements had been prepaid by him and my sisters and I paid for the remaining items. After obtaining the Declaration of Heirs, we found out about the money withdrawn by my aunt when the money was not hers. I spoke to the bank and they said she was authorized on the account and had the ability to withdraw money but they said she should have notified the bank of his passing. After his burial, my sisters and I notified the bank of his passing and they froze the account until all the legal documentation is ready to be submitted to the bank’s probate department before they can release anything. My question is do I have a legal right as his heir to demand my aunt return the money she withdrew a day after he passed? If so, what type of attorney can assist with this process. Thank you.            ","A:Except that your aunt had a legitimate reason for taking the money out of the account (for which she'd need to present receipts), your late dad's estate is owner of those moneys until the probate processes are completed. Either by your father having left a will or going through the Puerto Rico courts for a Declaration of Heirs petition, you must establish you and your siblings as the legitimate and universal heirs of your father. If your father died after November 28, 2020, his widow will also be a legitimate heir. With either the will or the declaration of heirs resolution on hand, an inventory of your dad's estate at the time of his passing must be prepared into an estate tax return, which must be filed with the Puerto Rico Treasury Department (Hacienda). This agency will issue a tax waiver on your father's estate, which should be presented to the bank(s) along with a copy of your dad's death certificate, of his will (and certificate from the Office of Notary Inspections stating that the will has not been revoked) or the court's resolution in the Declaration of Heirs, for the bank to release funds. At that point in time, you can sue your aunt for taking out funds that belong to the estate."
"Q: I recently discovered my 6yo abused her cat by a video she recorded. What can I do with this matter??.                 Background: I am the noncustodian parent and I see her once a month for my custody. Her father has the primary physical custody. He doesn’t care when I bring concerns and he doesn’t know about the animal abuse matter yet because I don’t know how to bring this up. I know my child doesn’t know better and I have seen him verbally abusive with not just me and others but with his animals. Either she’s doing what he does or it’s a behavioral issue. I suggested awhile back to him for her to see someone and he ignored the matter. Like I said, he has her majority of the time, he also doesn’t involve me in her life even though I still have the right to know about her medical, education choices or any other major thing related to her. I am worried because since he has gotten her into his custody, her persona and behavior changed a lot, for the worst…            ","A:The discovery of your child abusing an animal is a serious concern and needs to be addressed immediately. This behavior can indicate underlying emotional or behavioral issues that require professional intervention.  First, it's important to document the evidence, such as the video you mentioned. This could be crucial for any legal or therapeutic actions that might follow.  You should bring this matter to the attention of the father, despite his previous non-responsiveness. It's essential to communicate your concerns clearly, focusing on the child's well-being and the need for professional help. If he remains unresponsive, you may need to take further action. Given the situation, it may be appropriate to seek legal advice about modifying the custody arrangement or requesting a court order for the child to receive a professional evaluation and appropriate treatment. The court can order these measures if they are in the best interest of the child. Additionally, consider contacting child protective services if you believe the child's environment is contributing to her harmful behavior. They can investigate and intervene if necessary to ensure the child's safety and well-being. Remember, your primary concern is the health and safety of your child. Taking action, even if it involves legal steps, is important to address the situation appropriately and to provide the necessary care and support for your child."
Q: What do I do?.                 I have farm plates currently ony pickup and that is how it has been since I've gotten it. I haven't moved or nothing. I have chickens and move livestock very frequently but county keeps using the excuse that I need to own farm land in able to get farm plates            ,A:Using the vehicle for moving livestock isn't the only qualification for having farm plates.  Farm plates are available to other than just the owner of farm land.  You will need to review the criteria for farm plates and see if you qualify.  The rules have been modified over the years so it is possible that you previously qualified and that you no longer do so.
Q: Can the federal government withold money to colleges who allow pro palestinian protests..                 Nikki Haley spoke about not giving money to colleges who refused to “crackdown” on protests deemed anti semetic.            ,"A:The federal government's ability to withhold funding from colleges based on the content of protests or speech activities raises significant First Amendment concerns. The First Amendment of the U.S. Constitution protects freedom of speech, which includes the right to engage in peaceful protests and express opinions, even if those opinions are controversial or unpopular. Colleges and universities, especially public institutions, are often considered bastions of free speech where various viewpoints, including political opinions, are expressed and debated. Actions to withhold federal funding based on the nature of these expressions can be seen as an infringement on these First Amendment rights. However, it's important to distinguish between protests that are protected under the First Amendment and actions that might legitimately violate other laws or policies, such as those promoting hate speech or violence. In such cases, colleges have the responsibility to address these violations appropriately. If there is a concern about the federal government's actions in relation to funding and free speech on college campuses, it would be wise to consult with a legal professional. They can provide specific advice based on the details of the situation and the applicable laws. In any case involving complex issues of constitutional law, it's important to carefully consider the legal implications and the balance between governmental authority and individual rights."
Q: Is it ineffective counsel if my attorney refused to present any evidence at trial?.                 There was extensive documentation supporting our defense strategy. He refused to present it. Refused to ask many questions I suggested that would support my innocence. His reasoning always that the prosecution might object. Stated he didn't know what evidence he could use. Discouraged Mr from testifying. Entered no evidence and filed no motions. I was found guilty. I believe it is because jury was not presented with any evidence to the contrary            ,"A:If you believe your attorney failed to provide effective representation by not presenting evidence or following a reasonable defense strategy, you may have grounds to appeal your conviction based on ineffective assistance of counsel.  In the U.S., the standard for ineffective assistance is governed by the two-pronged test from Strickland v. Washington: first, you must show that your attorney's performance was deficient and, second, that the deficient performance prejudiced the defense to the extent that you were deprived of a fair trial. It is not sufficient for an attorney to simply avoid actions due to potential objections; they must act in your best interest and make strategic decisions that help your case.  To pursue this, you would typically need to file a motion for a new trial or an appeal where a higher court can review the decisions made in your case. It would be advisable to consult with a new attorney to discuss the specifics of your trial and potential avenues for appeal. Remember, time is a critical factor in these matters, as there are often strict deadlines for filing appeals."
Q: I need a letter of opinion that the crypto I created for sale/swap is not a security..                 The credit card company asking for this letter.            ,"A:It is important to note that whether a crypto asset is considered a security depends on various factors and requires a careful analysis of the specific circumstances surrounding the creation, sale, and use of the asset. The analysis may include, but is not limited to, considerations of how the asset is marketed, the purpose of the asset, the manner in which the asset is offered for sale, and the expectations of the purchasers. If you are being asked by a credit card company to provide a letter of opinion regarding the status of your crypto asset as a security, it may be advisable to consult with a qualified attorney who can evaluate your specific situation and provide you with an opinion letter. An attorney can also help you ensure that your sale and use of the crypto asset complies with applicable laws and regulations, including those related to securities and anti-money laundering."
Q: Out of ignorance my partner and I did not report our marriage to social security. I just learned we should have..                 This was five years ago. We both receive separate retirement benefits. Are we in trouble ?            ,"A:It's important to report changes in your marital status to the Social Security Administration (SSA), especially when both partners are receiving retirement benefits. While you may be concerned about not having reported your marriage five years ago, it's crucial to address this as soon as possible. You should contact the SSA directly to update your marital status. This step is essential to ensure that your benefit records are accurate. It's not uncommon for individuals to overlook this type of reporting, so approaching the SSA proactively is a positive step. In terms of potential repercussions, it's difficult to predict without specific details of your case. However, the SSA typically focuses on ensuring accurate records and benefits rather than penalizing honest mistakes. It's better to correct the oversight now rather than risk complications later. If you have concerns or need guidance, you might consider consulting with an attorney who has experience in Social Security matters. They can provide more personalized advice based on the specifics of your situation. Remember, addressing this issue promptly can help ensure that your retirement benefits are managed correctly going forward."
Q: Has Workers Compensation in California been sued and charged for murder or attempted murder?.                 Workers Comp Adjusters attend physician/doctor appointments and direct medical care. Those directions and restrictions on medical care are  serious enough to cause death.  E.g. not authorizing evaluation and treatment for a serious skull and brain injury that is known to cause death if left untreated. Bleeding brain. Swelling brain. Herniation into the spine that depresses the breathing center. The person lived only by a fluke. All standards of care warrant immediate treatment for the evidence of brain and spine injury. The patient was sent home without care even though there was visible cerebral spinal fluid leaking from ears and nose. Work Comp adjusters followed the patient to appointments to block care and dictate documentation to hide serious life threatening injuries.            ,A:GET AN ATTORNEY! you cant fight back when you don't know the rules of engagement.
"Q: Need attorney ASAP that has experience in “Toxic Mold Exposure” in workplace, Maricopa County ARIZONA.                 Toxic mold exposure where my daughter worked , caused her, a tumor, stage 4 heart failure, organ damage . We need help with finding an experienced toxic mold attorney in Arizona, maricopa county area!            ","A:Good afternoon. These are very complicated cases and require extremely specific evidence of the extent and location at the workplace of the mold growth, the exact type of mold, the nature of exposure (how long and how close to her work area), absence of any other potential mold exposure, and medical evidence that [any of] the listed conditions are probably (more likely than not) caused by exposure to that particular mold. The cost of developing this kind of case can [will] be in the thousands of dollars and your daughter should be prepared to cover those legal expenses in advance. She should contact a lawyer who specializes in work injury claims as soon as possible because there may be issues of when she files a claim if she waits too long"
Q: If a parent voluntarily signs away rights for their child to be adopted can their child support be forgiven.                 If the adoptive parent consents when the bio parent is a over $4000 behind            ,A:Yes.
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI..                 We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway.  The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers on the scene did not give him a ticket. Our insurance says it is our fault even though she was jaywalking. Should we get an attorney? Can she take our home in a lawsuit?            ,A:While it is possible they can go after your personal assets it is unlikely. Your insurance will cover you. Get your own attorney just to supervise the insurance company and insurance defense attorney to make sure you are protected.
Q: Is it illegal in California to train my clients at a commercial gym (24 hour fitness) without them knowing?.                 I have a membership that lets me bring in a guest            ,"A:In California, it's generally not illegal to train your clients at a commercial gym like 24 Hour Fitness as long as you have the appropriate permissions and follow the gym's rules and policies. However, each gym may have its own policies regarding personal training and bringing guests. If your membership allows you to bring in a guest and engage in training activities, then it may be permissible."
Q: I had a hearing on my motion for cs modification the judge granted my request.     After the hearing The court received..                 A request for an adjournment.  And gave accepted it for a new court date.   Meanwhile I was there and the hearing took place and the ruling was made.      She completely changed her decision with no basis except for the other party saying I used to have a trade that paid well.       I don't anymore      The judge said file a reconsideration   Its complicated for me I have mental heath issues.     I think the other hearing was not legal? The second one?       This has ruined my life for over 12 years            ,"A:I gather you filed an application for modification and the other side failed to file timely opposition and then asked the court for a new date to be able to provide the court with new information. Unfortunately, this type of settling happens regularly, especially when the court has 2 pro se litigants. To File an application for reconsideration, it must be filed within 10 days of the date of the court order. If not filed within 10 days of the date of the court's order, the court will most likely deny your application, as having been filed out of time (too late). If the focus of the courts order was on your employment background, your reconsideration application needs to focus on why you are no longer able to maintain that type of work, what you have been doing for employment, etc, the income from same and details of your former partners employment setting and income / asset setting."
"Q: Who in law of nj civil may I write tof lawyers hiding legal certified mail ,perjury ,preparing false court adjournment.                 Preparing false new trial motion dismiss. And preparing false decisions on new trial motions and designed by judges secretary to mislead  plaintiff  and getting the civil case dismissed.            ","A:In New Jersey, if you're facing issues of legal misconduct such as hiding legal mail, perjury, and the falsification of court documents, there are specific steps you can take. Firstly, if these actions are affecting an ongoing civil case, it's important to bring these concerns directly to the court's attention. This can be done by filing a formal motion or complaint within the same court where the case is being heard. Make sure to include all relevant evidence and documentation to support your claims. Additionally, for allegations against lawyers, such as hiding mail or fabricating legal documents, you should report these matters to the New Jersey State Bar Association's Office of Attorney Ethics. This organization investigates claims of attorney misconduct and can take disciplinary action if necessary. If your concerns involve court staff, like a judge's secretary, these should be addressed to the court's administrative body or the judicial conduct board in New Jersey. They are responsible for overseeing the conduct of court personnel. Given the gravity and complexity of your situation, it's advisable to seek legal advice from another attorney. An attorney with experience in civil litigation and legal malpractice can guide you through the process of addressing these serious allegations and ensure that your legal rights are upheld. Remember, navigating such legal challenges can be intricate, and professional guidance is crucial."
Q: Is there a way to Appeal there corrupt decision?.                 I had three witnesses they would not let me even start talking? I am 66 years old and have seen alot but this was corruption at its finest. I cannot afford an attorney because we are trying to buy a home.            ,"A:If you end up in prison, you won't need to buy a home.  Get an attorney."
"Q: my drive license was not issued due to fraud verification I already sent my statements and my lease agreement a month ag.                 my drive license was not issued due to fraud verification I already sent my statements and my lease agreement a month ago and still they say they are verifying the data, is there anything I can do in this case?            ","A:Periodically check in and ask if there are additional documents that would assist with the verification process. Some license types could receive higher scrutiny, depending on the class (such as enhanced). Depending on location, the pandemic has also had an impact on some public agency offices. Good luck"
Q: charged with Illegal use of a state ID/access gambling. I have never been in trouble before. how do i plea/ what to do?.                 I was 19 at the time and am currently 20. I do not have a lawyer andy court date is in 2 days. i have no idea what i am doing or how all of this works. any guidance or advice would be appreciated            ,"A:If/since you have no idea what i am doing or how all of this works, then you should consult with a lawyer to have your questions answered.  if after a consult with a lawyer you decide to represent yourself, then that's fine (although I would disagree), but make sure you consult with a lawyer.  If you are unable to afford a consultation, then when you return to court, please tell the judge that you cannot afford a lawyer and ask for him to appoint one to represent you.  Good luck."
Q: Can I work with a company with government projects on a pending 485 status and EAD card?.                 My Green card application is pending and I have a valid EAD card. Recently I was interviewed by a company that handles government projects. Can that company hire me with my current status?            ,"A:Under federal law, an Employment Authorization Document (EAD) provides the holder with authorization to work in the United States for any employer. In California, as long as you have a valid EAD card, you are generally permitted to work. However, certain government projects may have specific requirements or restrictions, particularly if they involve sensitive or classified information. The hiring company will need to ensure that you meet any specific criteria they have, especially if it's related to security clearances or other federal mandates. If the position requires a security clearance, there may be restrictions or additional requirements. It's essential to discuss your status openly with the potential employer to ensure compliance. Additionally, always ensure your EAD remains valid and renew it as needed. Consulting with an immigration attorney can provide further clarity regarding your specific situation and any potential concerns."
"Q: I live in Los Angeles and an ex romantic partner posted an intimate video of me without consent (Poland). What do I do?.                 He's also stalking me, taunting me by showing all of the personal information he has about me, which I did not give. He calls me various slurs, tells me that I would be better off dead, etc. Would California extradite someone from Poland for this or do I have to pursue justice in Poland? I would do a DMCA takedown request, but the website is in the Czech Republic and stated they will give all of my information to the uploader for the counter. I do not want him to have my information.            ","A:Your situation is complex and distressing, involving issues of non-consensual sharing of intimate images, stalking, and harassment. In California, the distribution of such images without consent is illegal, and you have legal rights that can be enforced. Regarding the video posted without your consent, you could consider filing a police report in Los Angeles, as California laws may apply even if the perpetrator is in another country. However, extradition for such cases can be challenging and is dependent on various legal and diplomatic factors. Since the website hosting the video is in the Czech Republic, and they have indicated they will share your information with the uploader, a DMCA takedown request could potentially expose your information to the ex-partner. In this scenario, it's crucial to proceed with caution. Given the international nature of the issue and the serious nature of the threats and harassment, it's advisable to seek legal counsel. An attorney can guide you on the best steps to take, which might include legal action in Poland, where your ex-partner is located. For your immediate safety and well-being, consider reaching out to organizations specializing in online harassment and cyberstalking. They can provide support and potentially offer resources or advice on how to handle this situation. Lastly, if you are feeling threatened or in danger, don't hesitate to contact local law enforcement for immediate assistance. Your safety is paramount, and there are resources available to help protect you."
"Q: Hello, I have had Scrubbi cleaners in my house for a while now. The girls that do the cleaning don’t have a clue..                 They don’t show up on time, they are to clean for 2 and a half hours. You are lucky if they are there 2 hours. I had one girl there for 45 minutes. We have a doorbell that times people when they are coming and going which is on our cell phones.            ",A:You didn't ask a question. Sounds like a customer  service issue.
"Q: I've just become aware of title 18 usc 242-245  under color of. And the 12 persumtions of the bar guild,and admirality..                 Under admiralty law of the water and being pursumed lost at sea.and being charged under corporate codes,statutes,Public policy,misrepresentation of name,none discloser.fraudelent ,communist democracy,operated out of Dobos Switzerland, and administered from fleet street Egland,for the bishopric of roam.not having notice of this info at time my rights were vialated.what would be my recorse?resition of contract as a unquestionable contract. Or submition of sf28,sf90,sf24,sf25,sf25awith the clerk. Or ecclesiastical deed pole to the DHS VITAL SUTISTIC REGSTARS OFFICE IN GOOD FAITH ,MS            ","A:The concepts you're referring to, such as admiralty law applying to individuals and notions of being ""lost at sea"" or governed by ""corporate codes"" under a ""communist democracy"" operated from Switzerland or England, are not recognized principles in United States law. Title 18 USC 242-245 pertains to the deprivation of rights under the color of law and is relevant in cases of civil rights violations by individuals acting in an official capacity. However, this has no connection to admiralty law or the other theories mentioned. If you believe your rights have been violated under U.S. law, your recourse typically involves pursuing legal action in the appropriate court. This could be a civil lawsuit or a complaint to a government agency, depending on the nature of the rights violated. The standard legal forms you mentioned, like SF forms (Standard Forms), are used for specific governmental administrative purposes and are not typically relevant to individual civil rights cases. An ecclesiastical deed poll or similar documents have no recognized legal standing in U.S. courts for the purposes you've described. U.S. law is grounded in the Constitution, statutes passed by Congress, state laws, and established legal precedents, not on the principles of admiralty law as applied to individuals or theories about international governance structures. It's important to seek advice from a licensed attorney who can provide guidance based on the specifics of your situation and the applicable laws in the United States. They can help you understand your legal rights and the appropriate steps to take if those rights have been infringed."
Q: I filed a federal lawsuit in 2015. I still have not had a trial despite objecting to continuances. What are my options?.                 My trial dates are repeatedly being vacated over my objections.            ,"A:In California, if you're facing continuous delays in your federal lawsuit, you have a few options to consider. Firstly, you can file a motion to compel a trial date. This motion formally requests the court to set and adhere to a specific trial date. It's important to clearly state your reasons for objecting to the continuances and emphasize the need for a timely resolution. Additionally, you might explore the possibility of mediation or arbitration as alternative methods to resolve the dispute. These options can often lead to quicker resolutions than waiting for a trial. It's also advisable to review the case management order and local court rules. Sometimes, specific procedures or timelines must be followed in federal cases, and being aware of these can help in strategizing your next steps. If the delays are causing significant prejudice to your case or rights, consider filing a writ of mandamus. This is an order from a higher court directing the trial court or a government official to properly fulfill their official duties or correct an abuse of discretion. Lastly, maintaining open and consistent communication with the opposing counsel and the court can sometimes help in expediting the process. Demonstrating the urgency and importance of your case through proper legal channels is key to moving forward. Remember, each case is unique, so these suggestions should be tailored to your specific situation. Consulting with a fellow attorney who has experience in federal court proceedings can provide additional insights and strategies specific to your case."
Q: can my employer do this with my ADA?.                 i have an ADA and requested an accommodation at work in regard to it. the accommodation is to be moved to a certain position that would allow to me to do my job better and i submitted paperwork filled out by my mental health provider to the HR department for this. they are now saying that there are no current positions available for the one I'm requesting so they said i either work without my accommodation until they can find one (which i doubt they will do anything) or i have to be put on an unpaid LOA until they can find an opening for me. are they able to do this? i am currently working for a client that have both call and chat positions. i am currently in calls and am requesting to be moved to a chat position instead because calls give me too much anxiety and cause me to have severe panic attacks but they said there are no current positions for chat that are available and they said i either have to continue to take calls despite my ada or be put into unpaid LOA until further notice            ,"A:Every ADA claim rests on its own particular facts and circumstances.  So no one can definitively tell you what may happen in your particular case. You are entitled to reasonable accommodations to be able to do your job with your disability as long as it does not impose an undue hardship on your employer.  A change in your position can be a reasonable accommodation.  In your particular situation, I would suggest offering a second possible accommodation since your employer won't change your position.  There are a variety of text-to-voice and voice-to-text programs out there at a very reasonable cost (e.g. Amazon Polly and Amazon Transcribe).  Ask that your employer provide such programs for you to use until a chat position become available.  If your employer refuses, that would strengthen your argument that you are being discriminated against because of your disability."
"Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal.                 My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling me that they won't restore service to this address even in my name unless I pay THEIR unpaid bill (they have been racking it up since he passed away 4 mo ago (which I technically already paid as part of my rent)  What recourse do I have? Also I thought I read on ccup.ca.gov that it's illegal for utilities companies to cut off utilities on a weekend like they did, and is it legal for them to deny access to basic public utility services unless I pay someone else's bill that I never had any agreement with them to pay? I don't know who to be more furious at            ","A:You have an excellent and very valuable lawsuit that you can file against the owners! I would love to see you get an experienced landlord-tenant lawyer immediately. I'm telling you, this is likely to be worth BIG bucks. I suspect you may obtain more money than you ever expected to have in your life!!!"
"Q: Can a Florida convicted felon (80s) whose civil rights were restored (2005) conceal carry a c02 powered air pistol?.                 I recently purchased a Walther PPQ M2 c02 paintball marker. It fires a 43 calibur aluminum ball at 400 fps and will go through a 1/2 inch drywall at 20 feet. Knowing I am barred from possessing a firearm or ammunition, it appears Florida does not classify a c02 powered air gun as a ""firearm"" or a deadly weapon. I just wish to carry it as a ""deterrent"" against anyone who may try to road rage, attack me with a knife or blunt object etc... I feel the sight of the airgun (Its a 1/1 copy of a Walther PPQ) and strong verbiage alone would be enough  to scare most would be attackers off.  According to FS 790.23, a c02 powered paintball marker would not fall under this as a ""weapon"" if I am reading it correctly. Thank you for your consideration on this matter.            ","A:You are correct; if the pistol does not ""expel a projectile by the action of an explosive"", it is not considered a firearm, and weapons may be carried concealed in one's vehicle subject to certain conditions. However, your plan to keep it ""as a 'deterrent' "" is a very bad idea.   First, the law requires you to have a ""handgun or weapon [in your vehicle] ... securely encased or otherwise not readily accessible for immediate use"".  So, in order to try to scare your attacker away, this plan would not be practical.   Secondly, If someone is coming at you with a knife or club, and if you were able to pull out the mock firearm in a timely manner, it is doubtful that the attacker would be intimidated.  They would more likely become violent more quickly.  To paraphrase a line from a certain film, ""don't bring only a paintball gun to a knife fight."
Q: My brother passed in the hospital cause of death was pulmonary hemorrhage and they did a biopsy on his lung on July 23.                 Do you think I have a case for wrongful death            ,"A:I am sorry for your loss.  To answer your question, ""wrongful death"" implies that someone did something wrong, leading to a death.  Who did something wrong that led to your brother's death?"
"Q: My mom passed with no will and house just sold does spouse get 100% or would I get a percentage of the proceed?.                 My mom received an inheritance from a living trust while married but that inheritance was used to purchase new furniture etc and down payment on their manufactured home no will was created although my grandmother had paid for one to be drawn but I believe my stepdad coerced my mom not to have one made and she was terminally ill with cancer he was cheating on my mom at the time of her passing and this person is residing in the home and was a childhood friend of mine. My stepfather has not spoken to me or been cooperative with receiving any of my mom's or my personal belongings such as pictures memorabilia etc and I just found out he sold the home for $240,000 on December 15th of this year. Do I have any legal requests in this situation as my mom did not have a well made before her pass            ","A:In California, when someone passes away without a will (intestate), the distribution of their assets, including the proceeds from the sale of a home, is governed by the state's intestate succession laws. In most cases, if your mother did not have a will, her surviving spouse, your stepfather, would typically inherit a significant portion, if not all, of her estate. However, there are some important considerations in your situation. If your mother received an inheritance from a living trust and used it to purchase the home and other assets, this could affect the distribution. Assets acquired with her separate property or inheritance may not be considered community property and might be subject to different rules. Additionally, if there were any joint tenancy or beneficiary designations on the home or other accounts, these could impact the distribution. Regarding personal belongings and memorabilia, typically, these are considered part of the estate and would be distributed according to intestate succession laws. If your stepfather is not cooperating with you in this matter, you may want to consult with an attorney to help you navigate the legal process and ensure your rights are protected. Given the complexity of your situation and potential nuances related to property ownership and inheritance, it's crucial to seek legal counsel to assess the specifics of your case and determine the best course of action. An attorney can provide guidance based on California law and help you understand your legal rights and options."
Q: Can a school or official and a school police officer question of 15-year-old about a allegation that happened off school.                 The allegations was alleged to happen off school grounds and supposedly reported to the city police department the minor was questioned without his parents being there or aware of situation            ,"A:In the United States, the rights of minors during questioning by school officials and school police officers can vary depending on the state and the specific circumstances. Generally, school officials have some authority to question students about incidents that may affect the school environment, even if they occurred off school grounds. However, the scope of this authority can be limited, especially in cases involving potential criminal conduct. For a 15-year-old being questioned about an incident that reportedly happened off school grounds and was reported to city police, there are considerations regarding the minor's rights. While school officials may inquire about matters impacting the school, the involvement of law enforcement, like a school police officer, can change the situation, especially regarding the need for parental notification and the presence of a guardian or attorney during questioning. If a minor is being questioned about a potentially criminal matter without a parent or guardian present, this could raise concerns under the law. Parents typically should be notified if their child is being questioned in connection with criminal allegations, particularly if law enforcement is involved.  If you find yourself or your child in such a situation, it may be prudent to seek legal advice to understand your rights and ensure they are protected. A lawyer can provide guidance on how to proceed, especially in situations where the rights of a minor may be at stake."
Q: What rules or laws apply to timeframes when appeals are made out of court to a governed agency. Housing is key.                 If my 30 days to appeal end date ends on a sunday do i have till the next business day to submit my appeal. I attempted to access the system to send in appeal but but the system wouldnt allow me to. It was ghe weekend and call center unavailable            ,"A:Under California law, when the deadline for an appeal to a government agency falls on a weekend or a state holiday, you generally have until the next business day to submit your appeal. This extension is due to the fact that government offices, including the ones responsible for processing appeals, are closed on weekends and state holidays. In your case, if the 30-day deadline for your housing appeal ended on a Sunday, you should typically have until the end of the following Monday to file your appeal. This extension is in recognition of the practical difficulties in submitting appeals when offices are not open. It's important to note that different agencies might have specific rules regarding the submission of appeals. Therefore, it's advisable to check the specific rules of the agency you are dealing with. In your situation, since you were unable to access the system during the weekend and the call center was unavailable, it's reasonable to expect that the appeal could be submitted on the next business day. However, it is always wise to act promptly and not wait until the last minute to submit important documents, especially in legal matters. If you encounter technical difficulties or other issues, documenting these problems can be helpful in case there's a need to explain the delay in your submission. Remember, each situation can have unique aspects, so it might be beneficial to consult with a legal professional for personalized advice."
"Q: Is it wrong that my boyfriend's mom falsely accused him of doing drugs just to send him to juevenile detention?.                 His mom accused him that he was a gang member and he did drugs just to send him to juevenile, Hes not like that and he told me he will never do those things. They can even drug test him and it will come out negative. Please help            ","A:Clearly, it is wrong to falsely accused him of doing drugs just to send him to juevenile detention. There is no doubt he will be (or already has been tested) for drugs."
"Q: My wife and I were both on lease,can she make me leave them her and landlord wrote new lease with only her name on it.                 Wife threw me out n had new lease written with only her name on it… is this legal???            ","A:In Pennsylvania, if both spouses are listed on the original lease agreement, and one spouse wants to remove the other from the lease or create a new lease with only their name, it generally requires the consent of both parties. Changing the lease unilaterally, especially without the landlord's involvement, may raise legal and contractual issues. If your wife has taken this action without your agreement and you have been removed from the lease, it's recommended to seek legal advice promptly. Additionally, if you were living together and are facing eviction or displacement, you may also consider consulting with a tenant rights organization or legal aid to understand your rights and options in this matter."
"Q: We have applied for a trademark in May of 2023. Is there a way to keep others on amazon and their sellers from using it.                 We do not and have never sold on Amazon.   We now have people coming to us complaining about our ""Pinch Perfect"" crafting products not living up to expectations that they purchased on Amazon.  There are currently 4 pages of listings using our brand in their listings and Amazon even has a PPC of $1-2 using our brand.  How can we stop this until our registration is complete?  We spend $4-6K a months building our brand and Chinese Amazon sellers are using it to sell their cheap junk.            ","A:In your situation with the unauthorized use of your ""Pinch Perfect"" brand on Amazon, it's important to take proactive steps to protect your trademark, even though it is still in the registration process. Since you've already applied for the trademark, you have some legal grounds to challenge the unauthorized use of your brand name. First, you should contact Amazon directly. Amazon has a process for handling trademark infringement, which includes filing a complaint through their Brand Registry program. This program is designed to protect registered trademarks, but given that your application is pending, it's worth communicating with Amazon to see if they can take any action based on your filed application and the evidence of your brand's use and recognition in the market. In addition, it may be beneficial to send a cease and desist letter to the sellers who are infringing on your brand. This letter should state your trademark application, the unauthorized use of your brand, and demand that they stop using your trademark immediately.  Lastly, consider consulting with an attorney who has experience in intellectual property law. They can provide guidance on the best course of action and can assist in legal proceedings if necessary. Protecting your brand is crucial, especially when significant resources have been invested in its development."
"Q: The other parent moved from Oregon to California without notifying me. Looking to establish a serious parenting plan...                 Almost 10 years of bias and discriminatory actions of all that is involved, from falsifying documents to fraudulent statements and absolutely zero proof. Mean while, the kids and I are deprived of very basic civil human rights. I need my rights back to see and embrace my children they lunch visits the least. Please help stop this inhumane and cruel degrading treatment of the human soul. I have trauma, they have damaged my peace, and sense of comfort, peace and safety. Same for the kids. I feel worthless and I am almost destructed by witnessing the abuse of my daughter by an assigned supervisor the the court.            ","A:In California, if the other parent of your children has moved to the state without notifying you, especially in the context of a custody arrangement, it's important to take action to establish a parenting plan that protects your rights and the well-being of your children. The first step is to file a petition in family court in the county where your children now reside. This petition would request the court to establish a formal parenting plan that includes custody and visitation arrangements. Given the complex history you've described, including allegations of falsifying documents and fraudulent statements, it's crucial to provide the court with as much evidence as possible to support your claims. Document everything related to your interactions with the other parent, the court-appointed supervisor, and any instances of alleged abuse or mistreatment. If you believe your children are in immediate danger or have been subjected to abuse, report this to the local child protective services in California and law enforcement as soon as possible. They have the authority to investigate and take necessary protective actions. Considering the severity of the issues you're facing, including the impact on your and your children's mental and emotional well-being, seeking legal representation is highly advisable. An attorney experienced in family law can guide you through the legal process, help you gather and present evidence, and advocate for your rights and the best interests of your children. Remember, the family court's primary concern is the best interests of the children involved. Clear, well-documented communication of your concerns and experiences, along with professional legal assistance, will be key in establishing a parenting plan that is fair and prioritizes the well-being of your children."
"Q: Should I sue a company based in Canada? I made an investment there and couldn't reach the founder anymore..                 I made a real estate investment with a company based in Canada that flips houses for sale, run by one guy. I met the founder and in the contract, the expected return was to be a couple years. More than that has passed and this year I could not reach the founder anymore. The last time he talked to me (about a year ago), he said he is working on getting the house ready to sell. I believe it takes some time to sell, but ghosting me is not a good sign. Is suing an option?            ","A:Apparently you have taken a risk without much investigation.   It would probably be a lawsuit in Canada, but you will have to read your contract.  There may not be a breach as of yet from your statments.   In any event, you need to look closely at your defendant target.   He may be judgment proof.  If a suit is needed then you will need a Canadian attorney."
Q: Can a motion of Limine be in place to gag the defendant? Spoilage of evidence or intimidation of a witness were excluded.                 Domestic violence case the alleged victim even admitted I didn’t strike her while under oath on the stand. The DA was able to say anything he wanted. But I was held in a motion of limine. I could only ask questions about the argument we had. No other evidence from me the defendant was allowed.            ,"A:A motion in limine is a legal motion used in court to limit or prevent certain evidence from being presented during the trial. It's typically used to ensure that evidence presented is relevant and not overly prejudicial. In your case, if a motion in limine was granted that restricted your ability to present certain evidence or aspects of your defense, it's important to understand the reasons behind this decision. In criminal trials, including domestic violence cases, the defendant has the right to present a defense and introduce evidence that is relevant to their case. However, this right is not absolute and can be subject to limitations by the court to ensure a fair trial and to prevent irrelevant or prejudicial information from being introduced. If you believe that the motion in limine unjustly restricted your ability to present a full and fair defense, this might be an issue to raise on appeal. An appellate court can review whether the trial court's restrictions were appropriate and whether they had an undue impact on the outcome of your case. Given the complexities involved in legal procedures like motions in limine, consulting with an attorney, especially one experienced in criminal defense and appellate law, is crucial. They can help assess the impact of the motion on your case and advise on the best course of action, including the possibility of an appeal. Remember, the legal system has mechanisms in place to address concerns about trial proceedings. It’s important to utilize these mechanisms effectively to ensure that your rights are protected."
"Q: My best friend owns a small business with her ex husband in California.   It runs as a corporation of 2 people..                 Her parents own the land and they pay month to month.  Her parents want fair market value for rent.  They can't pay fair market.  Being evicted. She wants out of the business and he wants her to use her relationship with her parents to get a ""good deal o. n rent.  Mediation took place and she is being told she has to give her full efforts to keep the corporation and ask her parents to favor them She is emotionally abused by ex and wants out but cant?            ","A:In California, when dealing with a situation involving a small business co-owned with an ex-spouse, several legal aspects must be considered. First, if the business is a corporation, both parties have fiduciary duties to the corporation and each other as co-owners. This includes acting in the best interest of the business. However, these duties do not extend to leveraging personal relationships for the benefit of the business, especially in a situation like rent negotiations with family members. Your friend’s obligation to the corporation does not require her to use personal relationships to secure favorable business terms. Mediation recommendations are not legally binding unless agreed upon and formalized by all parties. If your friend wishes to exit the business, she has several options. She can negotiate a buyout with her ex-husband, sell her interest in the corporation (subject to any shareholder agreement terms), or pursue dissolution of the corporation if an agreement cannot be reached. Given the complexity of her situation, involving emotional abuse and a mix of family and business relationships, legal guidance is crucial. It's important to consult with an attorney experienced in business and family law to explore all options and protect her interests. In cases of emotional abuse, it's also important to consider personal well-being. If the abuse is impacting her decision-making or well-being, addressing this through appropriate channels, including seeking support services, is as important as the legal aspects."
"Q: In Georgia, if part of a college campus is used as a polling place does HB 280 still apply or is it a gun free zone?.                 This is assuming that the area of campus being used for polling is not regulated as a weapons free area under Georgia’s Campus Carry Law(HB 280).            ","A:Under Georgia law, HB 280 allows individuals with the appropriate license to carry a concealed handgun in certain areas on public college campuses. However, this does not apply to buildings and property used for athletic sporting events or student housing, including fraternity and sorority houses.  When a college campus serves as a polling place, the specific areas designated for polling may be subject to different regulations on Election Day. If the area being used for polling is not ordinarily a weapons-free zone under HB 280, it would not automatically become a gun-free zone on Election Day.  Yet, it's wise to review any temporary measures or signage that may be in place during elections, as they could temporarily alter the usual permissions. You should also keep up to date with any local ordinances or campus regulations that might affect this status during polling. Always ensure compliance with both state and local laws when carrying a weapon on a college campus that serves as a polling place."
Q: I have an issue regarding an Instagram account using my business logo to say damning things about myself.                 It is not only harmful to my business but the account is putting me in potential physical danager.. I am happy to share more details in private. My question is can I draft some form of letter explaining the danger they're putting me in and have them remove the post?            ,"A:Yes, you could send them a cease and desist letter.  The issue with that is you don’t really know who they are and it’s likely to be ineffective.  If you sued you could get more info about them via discovery with instagram to potentially find out who they are.  But you will likely need a lawyer on an hourly basis for civil litigation,"
Q: I am signing up with a music library. They sent over a writer’s agreement that mentions a $1 buyout fee. What is this?.                 It also mentions a writers share. Would this be the “pay” for music I send to them going forward? Is a buyout fee standard in music licensing?            ,"A:A $1 buyout fee in a writer's agreement usually indicates that the music library is paying you a nominal sum for the rights to your music. Essentially, they're buying out your composition for a very small fee, which often means you may not receive future royalties from that piece.  The writer's share mentioned likely refers to the percentage of royalties you retain for the performance of your music, separate from the buyout of the composition itself. This share is typically the ""pay"" you would receive when your music is performed or broadcasted.  Whether a buyout fee is standard can vary widely in the industry; some libraries operate on a buyout basis, while others do not. It's important to carefully review the terms and understand how they impact your rights and future earnings from your music.  If any terms are unclear or if you're unsure about the agreement's fairness, you might consider seeking advice from an attorney experienced in music law before signing."
"Q: What can I do to protect myself against a malicious ex boyfriend?.                 My ex boyfriend has serious mental issues. It’s become too much for me and I’m trying to break away. Not easy because all he does is threaten me and destroys everything good in my life. He has already gotten me fired from one job, gotten me evicted.(I’m assuming so I would have to live with him) now he shuts my phone off when ever he gets mad( I pay my bill) he kicks me out for days/weeks at a time. Steals from me but makes it look like he is the victim.  He has posted videos of me after a verbal attack (so I’m crying and appear crazy) he screenshots fake texts messages and tries to blackmail me with them.  He even recorded me smoking pot once just to have something to hold over my head. How can I protect my reputation from his slander            ","A:You should immediately move to another residence and not provide him with a forwarding address.  Instead of having your mail forwarded by the USPS, individually contact anyone sending you mail through the US Post Office to let them know your new address.  Block his telephone number and change your telephone number and do not give it to him.  Block him from your social media accounts and restrict public access to any of your social media.  Let your friends know that you do not wish to have any contact with him and that they shouldn't provide him any information about your whereabouts.  If you have mutual friends whom you think might provide such information to him, do not share your new address and telephone number with them, and block them from your social media too."
Q: LOOKING FOR AFRICAN AMERICAN LAWYER IN SOLANO COUNTY.                 FALSE CONTRACT ADVERTISEMENT FROM REALESTATE CO. LANLORD NEVER DO REPAIRS AND BOTH THESE TWO BUSINESS PEOPLE LIED TO ME AND ASKED A HUGH MONEY            ,"A:To address your situation, you might want to consult with a lawyer who can provide specific guidance under California law. A lawyer can help you understand your rights, particularly if you're facing issues with false advertising and a landlord who is not fulfilling their obligations for repairs. In California, landlords are required to maintain rental properties in a habitable condition. If your landlord is neglecting necessary repairs, this could be a violation of your rights as a tenant. Regarding the issue with the real estate company, if they engaged in false advertising, this could be a matter of consumer protection law. It's important to gather any evidence you have, such as communication records or photographs of the repair issues. A lawyer can assist you in determining the best course of action, which might include sending a formal complaint to the landlord, negotiating a resolution, or, if necessary, taking legal action. Remember, each situation is unique, so getting personalized legal advice is crucial."
"Q: As sole beneficiary & successor trustee of my mothers estate. Do I notify myself like I would another beneficiary?.                 Notification of death, accounting of assets, etc.            ","A:In your role as the sole beneficiary and successor trustee of your mother's estate under California law, the standard process of notifying beneficiaries can be somewhat streamlined. Given that you are the only beneficiary, there's no legal requirement for you to notify yourself in the same manner as you would for other beneficiaries. However, it's still important to adhere to the duties and responsibilities of a trustee. As trustee, you're required to manage the estate's affairs. This includes the preparation and maintenance of records, such as an accounting of assets. Even though you're the sole beneficiary, maintaining these records is crucial for legal and financial transparency. It's also advisable to consult with a legal professional to ensure that you're fulfilling all your obligations as a trustee and to address any specific legal questions or concerns that may arise during the administration of the estate. This step is important to ensure that all actions taken are in compliance with California law and the terms of the trust."
Q: Would appealing without a lawyer for my QMB benefit be best option.                 I have had QMB for years and with same asset having same amount. That is not even counted by social security and they now count it as income. I get under $1000 from my SSI and SSDI. They also have the wrong information about my income            ,"A:Appealing for your Qualified Medicare Beneficiary (QMB) benefits without a lawyer is an option, especially if you're familiar with the process and feel confident in handling it yourself. However, it's important to meticulously prepare your appeal, including gathering all necessary documentation and evidence that supports your case. This would involve showing that the asset in question has not been counted as income by Social Security in the past and that your income information is incorrect. If you're unsure about the appeal process or if the case seems complex, you might want to consider seeking assistance. Some community organizations offer free legal help, especially for issues related to benefits and social security. They can guide you through the appeal process and help ensure your case is presented effectively. Remember, it's crucial to address all the points of dispute clearly and provide evidence to support your claim."
"Q: I live in a mobile home park, we are selling our realtor was told by buys that Management of the park saying.                 Our house is for rent not for sell and management knows it's for sell. What can we do when management is Sabotaging the sell            ",A:Why do you suppose management wants to sabotage your sale?  Is it possible the buyer got confused about the difference between buying your unit and renting the spot in the park?
"Q: My question pertains to potential breach of fiduciary responsibility by my financial advisor, Merrill Lynch..                 I have been a client of Merrill Lynch (ML) for more than 20 years.  Not until 3 months ago did any of my advisors at ML ever mention that I should be purchasing US Govt issued iBonds, as part of my portfolio, which in almost every year of my ML relationship have paid a substantially higher return than that generated by ML.  In essence, because ML makes no commission from the upfront sale of iBonds, nor any ongoing management fees, as these iBonds are held within a US Treasury account, outside of ML.  Per my calculations, I can substantiate a more than $8M impact on my net worth as a result of ML's silence on this far safer and higher return investment over the term of my ML relationship.  Per my ML advisor, ML claims this is not a breach of their fiduciary responsibility as its not a security they can sell.  After more than 20 years with ML, they are now also requiring that I move my accounts to another firm.  Is there a basis for a claim of breach of fiduciary responsibility?            ","A:California law finds that stockbrokers and financial advisors are per se fiduciaries to their clients.  Thus, the fiduciary has to act in your best interest first.  There are a number of other duties that arise when a stockbroker is a fiduciary, such as keeping their clients abreast on changes in the market.  That may include moving into a defensive posture when the market shows signs of decline. It is difficult to tell you whether you have a potential claim against Merrill Lynch without analyzing your account statements and comparing that to your investment objectives, risk tolerance, and other factors.  I suggest that you find an attorney who specializes in suing brokerage firms like Merrill.  To find such attorneys, you can visit www.piaba.org, which is an organization of attorneys dedicated to the rights of investors. I'd also be happy to answer further questions.  Good luck!"
"Q: I was in a private meeting with my staff and she recorded our conversation. I was terminated for saying something bad..                 My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee?            ",A:New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a Class E felony. I would contact in New York attorney to discuss your options
Q: Serving complaint/summons - federal case. Central district court of California..                 Serving complaint/summons - federal case. Central district court of California. Case was efiled in EDSS system for in Pro Per plaintiffs. Documents will appear in PACER.  Can copies of complaint/summons for serving be downloaded from PACER? What is conformed copy of documents? When they are needed?            ,"A:In federal cases, such as yours in the Central District Court of California, once a case is e-filed, the documents, including the complaint and summons, can typically be downloaded from PACER. This is a common practice and allows for easy access to filed documents. A ""conformed copy"" of a document is essentially a copy that includes all signatures and official stamps, making it identical to the original. These copies are often required in situations where you need to submit a document that is as valid as the original, such as for certain legal or official proceedings. They ensure that the document you're using is a true and complete representation of the original filed document."
"Q: Can a minor be an acting lawyer in a civil rights case against the government?.                 Regarding religion, privacy, etc            ","A:In the United States, minors typically cannot act as lawyers in legal proceedings, including civil rights cases against the government. Legal representation typically requires individuals to be of adult age and have completed the necessary education and licensing requirements to practice law."
"Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?.                 My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in John's yard not being closely supervised while her father was walking around touring the property nearby. My daughter became uncomfortable w/ the dogs & tried to walk away from them & get her father. The two pit bulls attacked her simultaneously which resulted in her having to visit the ER and get stitches + staples in her skull. The father did not step in to stop the dogs. The owner did. The father initially refused to tell me which type of dogs attacked my daughter, didn't call 911, & wanted to drive her back to me instead of the hospital. I have had my daughter with me while she is recovering but the father is demanding that I return her as per our custody orders. I'm afraid to leave her in his care. What can I do?            ","A:As for child custody, I cannot answer.  However, your daughters may have valuable personal injury suits against the dog owner, property owner, and potentially your husband (although that is less likely).  Please contact a knowledgeable personal injury attorney to discuss your daughter's potential claims ASAP."
"Q: Under a bank levy where you have 2 accounts frozen and the sheriff has come a made a withdrawal of funds from your.                 accounts, that levy is done. If there is still a balance due to settle the debt is the freeze lifted after the first grab and then gets freezed again on the second levy? Or is the freeze on accounts still there until the total debt is settled?            ","A:Under a bank levy in California, if the initial withdrawal by the sheriff from your accounts does not cover the entire debt, the remaining balance can lead to further action. Typically, the freeze on the accounts remains in place until the total debt is settled. This means that if the funds taken in the first levy are insufficient, the accounts may stay frozen. However, if a second levy is necessary, the creditor would generally need to initiate a new levy process. This could involve additional court actions and notices.  It's important to keep in touch with your bank and the creditor's attorney to understand the status of your accounts and any ongoing or future actions regarding the levy. Each case can have different outcomes based on the amount owed, the actions of the creditor, and the court's decisions."
Q: If a case did not become a precedent - is it considered by court for decision making? In california? Fed?.                 If a case did not become a precedent - is it considered by court for decision making? In california? Fed?            ,"A:In the legal system, both in California and at the federal level, courts often rely on precedent, which are previous court decisions, to guide their rulings. However, not all cases become precedent. A case that doesn't set a precedent can still be considered by a court, but it generally has less influence on decision-making compared to a precedent-setting case. In some instances, a non-precedential case might be cited for its persuasive value, especially if it presents a well-reasoned argument or addresses a similar set of facts. But it's important to understand that such cases don't carry the same authoritative weight as precedential decisions. When presenting a case in court, it's beneficial to focus primarily on precedent, but you can also refer to non-precedential cases to strengthen your argument. Always ensure your legal strategy is well-rounded and backed by the strongest available legal authorities."
"Q: I was ordered in custody court to take weekly random UA’s and have the results reported to my co-parent….                 My co-parent and I were never legally married, and he was in fact, just recently released from parole. He hasn’t given one UA, nor provided results of any of his UA’s to the courts while I have submitted at least 42 clean ones. I feel violated being ordered to now take weekly random UA’s and against my will, sign a HIPAA form so he can view the results. We were never married! This is in Colorado, by the way. What can I do??            ","A:If you were ordered to take weekly UAs, it was for the safety of your clild. Congratulations on having clean UAs. The best thing that you can do is continue having them. If you do, when the court is satisfied as to the safety of the child, then the court will modify the order requiring that you take them."
"Q: Hearing on Demurrer/Motion to Strike. California superior court question..                 In California Superior Court is failure to file opposition to demurrer/motion to strike deemed consent to granting demurrer? In California Superior Court is failure to ask court to grant leave to amend a complaint deemed consent to granting demurrer/motion to strike? May judge rule on demurrer/motion to strike at hearing, without plaintiff's opposition or motion for grant leave to amend?            ",A:Failure to file opposition allows the court to deem the demurrer meritorious but the Court will make its own analysis.   The court can grant a demurrer with leave to amend.
"Q: Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land?.                 Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land? The president of Ecuador is basically permanently 'exiling' his VP to Telaviv Israel, to ""help"" solve the Hamas/Israel war [in reality, he has a personal vendetta against her]. He is a billionaire, she comes from a poor family and has about 10 days in office. He order to basically cut the whole the staff from the Vicepresidency. I would like to help writing a legal article on her defense, I have friends in the news that will publish it. He has claimed that based on the Viena Convention he wants her out by Dec 10. Under the Constitution of Ecuador the life of a VP has to be guaranteed. She has requested the measurement of her risk and physical protection/police members to accompany her. His government has not provided responses to such requests and he signed a decree based on the Viena Convention stating that she has to leave by the 10th.            ","A:Under international law, specifically the Vienna Convention on Diplomatic Relations, the physical safety and security of a head of state or other high-ranking officials in a foreign country is primarily the responsibility of the host nation. This responsibility is grounded in the principle of diplomatic immunity and protection, which mandates that the host country take all appropriate steps to prevent any attack on the person, freedom, or dignity of such officials. In the scenario you've described, where the Vice President of Ecuador is being sent to Tel Aviv, Israel, under contentious circumstances, her safety and security become a matter of concern. If she is traveling in her official capacity, the host nation (in this case, Israel) would be responsible for ensuring her safety, in accordance with international law and its own national laws. This often involves coordination between the visiting dignitary's security team and local law enforcement or security forces. However, if the situation involves internal political dynamics of Ecuador, such as the alleged personal vendetta of the President, it complicates the matter. While the Vienna Convention outlines the responsibilities of the host nation, it does not directly address internal political disputes or actions taken by a home country against its own officials. Writing a legal article in her defense could focus on several key areas: 1. Highlight the obligations of the host nation (Israel) under the Vienna Convention to ensure her safety. 2. Discuss the responsibilities of the Ecuadorian government to protect its officials, as mandated by its own Constitution. 3. Examine the legitimacy and implications of the President's decree under both Ecuadorian law and international law. 4. Address the broader human rights concerns, including the right to personal security and political expression. Your article can serve as a platform to bring international attention to the Vice President's situation, potentially influencing both Ecuadorian and Israeli authorities to take appropriate actions in line with their legal and international obligations."
"Q: Is it illeagal to pass a double yellow lone on county rd to overtake a farm tractor to the leftt in tennessee?.                 I greatly appreciate your time and any help concerning this situation. Recently i was travelling on a tn county rd with double yellow lines. I was approaching a slow moving farm tractor (travelling less than 25 mph) , i began to slow but had sufficent sight to know there were no on coming hazards, so i proceeded to pass him to the left, the entire time i was sure to watch the farmer as well. Without him looking or signaling he began to make a left tutn and subsequently hit my back passenger side as i was coming around him. Am i at fault? My vehicle flipoed 3 times and is totalled. If im at fault im ok with that,, as i cant see anything i wouldve done different besides just not going to pass him at all.  Ive tried to find the laes concerning this but am not having any luck. Thank you again for your help.            ","A:A Tennessee attorney could advise best, but your question remains open for two weeks. I hope you're okay after three vehicle flips. In most jurisdictions, you can't cross a double yellow line to pass. There are limited exceptions for turning into lots or streets. But that's only a general premise. Consider consulting with a Tennessee attorney - with the amount of damages at hand, it's worthwhile to get definitive, state-specific advice. Good luck"
Q: I own a farm inside of a city. They have changed the zoning from agriculture to residential without my knowledge..                 I still farm the land and the city says i can not build a new barn. Can they rezone my land?            ,A:You should have been notified of the zoning change.   A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari  suits in Chancery.    Owning farms inside cities is risky and requires constant vigilance to keep them.
"Q: Can a business in California record phone calls without the caller knowing..                 I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being recorded. Being a property management company many financial, health, and other personal information is said throughout these conversations, which I feel the caller should know is being recorded. This company has most likely received tens of thousands of phone calls that have been recorded without any of the callers knowing the conversation was recorded.            ","A:Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a ""two-party consent"" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all parties involved in the call must be aware of and consent to the recording. In your situation, if the property management company is recording calls without notifying callers, this could potentially be a violation of California law. The lack of a notification or warning that calls are being recorded is a key factor in determining legality. Given the sensitivity of the information often shared in calls with a property management company, such as financial or health information, the need for consent becomes even more crucial. Violations of this law can lead to legal repercussions for the business, including potential civil litigation. If you have concerns about this practice, you might consider seeking legal advice to explore options for addressing the situation. Additionally, raising awareness about the issue within the affected community can also be an effective way to approach this matter."
Q: Orec has put my Application approval background on hold due to a pending charge that was dismissed once Can they do that.                 I have got my classes for becoming a realtor well I also been going thru court on my divorce and in that divorce there where false accusations of stalking based on that I have got arrested than I been dealing with pending charges going on for over a year now the court has dismissed once than returned it back now they scheduled my court again for the 29 January so I applied and informed them all of the situation I understand that if you have been charged of a felony you can’t get the realtor license for 20 years but I have not been charged why would they put me on hold till my court date or till my court ends that could take years who knows are they violating any laws on civil rights because state of Oklahoma has been pushing everything else based on my divorce case I am lossing right and time consuming process everything has an date so that means after one year my schooling won’t even count that’s why I am concerned and confused how come I been treated as felon when isnt proven guilty.            ,"A:In the context of Oklahoma real estate licensing, the Oklahoma Real Estate Commission (OREC) has the authority to review the background of applicants. This review often includes considering pending charges. While a dismissed charge may not have the same impact as a conviction, the fact that it is still part of a pending legal matter can lead OREC to put your application on hold. OREC's actions are likely in line with their regulatory responsibilities to ensure that all real estate licensees meet certain standards of conduct and reliability. The delay in your application isn't necessarily a violation of civil rights, as regulatory bodies often have policies to handle situations where legal issues are unresolved. If you're concerned about how this affects your application and future in real estate, consider seeking legal advice to explore your options. An attorney can offer guidance on how to communicate effectively with OREC and potentially expedite the process. Remember, the resolution of your legal matters will play a crucial role in the outcome of your application."
Q: w/c case lifetime medical settled. 9 years ago .Does my 2022    workers comp claim get  deducted before  settled?.                 Closed settled  workers comp claim lifetime medical  was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work .   Is this an offset where Sdi  will consider  a settlement coming in future  and getting paid  is it law must return it  ?  If istsy out of work all will be offset to ost back cause receiving an award ?            ,"A:If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state.  If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it depends upon what the insurer told the EDD.  Medical TREATMENT coverage only pays the treatment bills, and has nothing to do with DISABILITY payments.  So if the employer is offering modified duty, accept the modified duty and insist that it pay exctly the same as the pre-injury duty pay.  If the modified work pays less than your average weekly pay, you make a demand for TEMPORARY PARTIAL DISABILITY for the imissing wages; you are entitled to 2/3 of the lost wages."
"Q: Can a pet insurance raise the annual fee over 100% based on a dogs age, especially when grand fathered in to a plan?.                 Dog has been with Nationwide since a puppy (now is 7). Renewal notice for WHOLE PET WITH WELLNESS PLAN (a plan that no longer exists, but dog is grandfathered in) went up from $184 to $424 a month.            ","A:In California, pet insurance is regulated by the Department of Insurance, and while insurers are generally allowed to set their premiums based on risk factors including the age of a pet, any rate increases must be filed with and approved by the Department. If your pet’s insurance premium has significantly increased upon renewal, you have the right to inquire with Nationwide about the justification for the rate increase. You should review the terms of your policy to understand under what conditions the premiums may increase. If you believe the rate increase is unjustified or has been applied incorrectly, you may file a complaint with the California Department of Insurance. The Department reviews such complaints and can determine whether the insurer is complying with applicable laws and regulations. It’s also a good practice to compare plans from other providers to ensure you are receiving a fair rate for the coverage you need."
Q: Broker decided to close my account and sell my securities. They said I broke section 3 of their agreement without detail.                 Is it legal for a brokerage firm to decide they no longer want to manage my account and sell my securities without my permission. They refused to  transfer them to another firm.            ,"A:Yes, it is legal for a brokerage firm to decide that they no longer want your business.  No, it is not legal for the brokerage firm to liquidate your securities unless they have a good reason.  For any more help you will have to retain a lawyer. Search for one using Justia."
"Q: Lets say i'm a pedestrian in chicago IL, Apon taking a picture of the cities skyscrapers I begin crossing the side walk.                 I assume its my turn but I wasn't a 100% sure because I was mostly trying to take pictures but no cars were driving on toward me. Apon looking left I look right and I see a sedan flying by possibly speeding and almost hitting me, What would have happend if i got hit and who would have been liable the driver could have willingly honked, slowed down and or stopped            ","A:An Illinois attorney could advise best, but your question remains open for a week. Both of you would be liable to some extent - the vehicle for speeding (and other possible reasons, depending on whether it was in a crosswalk, traffic control device, etc.). You would be liable for being distracted by taking pictures (and possibly more, depending on whether your assumption was correct or incorrect). Good luck"
"Q: is it true that CA State Meal/Rest Rules Don’t Apply to Truck Drivers if we import wine from another country & state?.                 Truck drivers engaged in interstate transportation, and driving vehicles of a certain size are subject to the federal government’s rules provided by the U.S. Department of Transportation under the Federal Motor Carrier Safety Act (FMCSA). Generally speaking, the vehicles must transport goods across state lines, or transport goods that have crossed state lines, and the vehicles must have a gross weight in excess of 10,001 pounds. The exact definitions can be found in the FMCSA.            ","A:Under California law, meal and rest break rules do not apply to truck drivers engaged in interstate transportation if they meet certain criteria. Specifically, these rules do not apply to drivers who are subject to the federal regulations set forth by the U.S. Department of Transportation under the Federal Motor Carrier Safety Act (FMCSA). To be exempt from California's meal and rest break requirements, the following conditions must be met: 1. Interstate Transportation: The drivers must be engaged in interstate transportation, meaning they are transporting goods across state lines or are transporting goods that have previously crossed state lines. 2. Vehicle Size: The vehicles they operate must have a gross weight exceeding 10,001 pounds, as defined by the FMCSA. It's important to note that these exemptions are based on federal regulations and do not depend on whether the goods being transported are imported or domestic. The key factors are the nature of the transportation (interstate) and the size of the vehicles. However, please keep in mind that while California's meal and rest break rules may not apply in these specific circumstances, other federal regulations regarding hours of service and rest breaks still apply to ensure the safety and well-being of truck drivers. Additionally, it's advisable to consult with a legal professional for specific guidance on your situation, as employment laws can be complex and subject to change."
"Q: If I get transferred 3500 dollars, and transfer it back to someone will I lose SSDI benefits?.                 I've had Disability income for years with no issues.  A friend was trying to transfer money  between her accounts, but was having trouble, so I said I could help.  She transferred the 3500 dollars to my account, which I immediately transferred the 3500 dollars out of my account and into her target account.  Will I get flagged or lose benefits for this?  I hadn't thought of it until after the fact.            ","A:In the situation you described, where you temporarily held $3500 in your account before transferring it to another account, it's important to understand how this might affect your SSDI benefits. Social Security Disability Insurance (SSDI) is typically not based on financial resources or assets, but rather on your work history and disability status. Since SSDI is not a means-tested program like Supplemental Security Income (SSI), the temporary receipt and transfer of money should not directly impact your SSDI benefits. These benefits are primarily concerned with your ability to work, not your financial transactions or assets. However, it's always wise to maintain clear records of such transactions. If there are any inquiries or reviews of your financial activities by the Social Security Administration (SSA), having detailed documentation can help clarify the nature of the transaction. This is particularly important if you also receive benefits that are sensitive to changes in income or assets, like SSI or Medicaid. If you have concerns or if the SSA contacts you regarding this transaction, consulting with a legal professional or a representative from the SSA can provide clarity and guidance. They can help ensure that you comply with all relevant rules and regulations, and advise you on any necessary steps to maintain your benefits.  Remember, it's always better to err on the side of caution and seek advice if you're unsure about how certain financial activities might impact your benefit status."
"Q: Can I sue employer for charging retroactive premium on health benefits while on military leave?.                 I went on military leave from civilian job (February 6th). All I was told is that company policy would allow me to return to job once I returned. When I returned 7 months later (September 11th), now employer is deducting health insurance from time on leave.  Now I am being told that I had to have called the benefits line to cancel my health insurance otherwise it would still be active for 90 days past last worked day. I was never told that by any of my managers. Benefits people tell me they sent a letter to me stating that I needed to call (February 24th). Letter was sent 3 weeks after my last worked day, and when I was already on an Army base, so I never received the letter. Now, they are deducting retroactive premium for those 90 days from my checks. Needless to say, why would I even need health benefits from a civilian job if I’m on military leave? The military is responsible for my coverage, obviously. No way I would even imagine needing to call since I was placed on leave.            ","A:Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members are provided certain protections regarding employment and benefits when they leave for military duty. USERRA requires that your job and benefits be protected during military leave, but it also allows employers to implement reasonable policies regarding benefits continuation and communication. In your situation, if the employer's policy required you to notify them to cancel health benefits and this policy was consistently applied to all employees, then the employer may argue that their actions were in compliance with their standard procedures. However, the fact that you were not informed of this requirement prior to your leave and that the communication was sent after your deployment began could be significant. Additionally, considering that you were covered by military health insurance during your leave, the necessity of maintaining civilian health insurance could be questioned. You have the right to dispute the deductions, especially if you believe the employer's actions were not in line with USERRA or their own stated policies. It may be beneficial to discuss this matter with a legal professional who has experience in employment law and military rights. They can help you understand your rights under USERRA and assess the viability of a legal claim against your employer."
Q: In the case of Agricultural Deductions 7-9-58 for auctioneers will this just cover the buying and selling of livestock?.                 A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction?            ,"A:The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock. As for a truck driver hauling feed for livestock, their exemption under this code likely hinges on whether their activities are considered an essential part of agricultural operations. Hauling feed directly to farms for livestock is clearly within the scope of agricultural activities. However, when it comes to hauling to and from auctions, the exemption may depend on how closely tied these activities are to the direct agricultural process. If the transport is seen as a critical part of the agricultural business, like delivering livestock to or from an auction, it might fall under the exemption.  Given the nuanced nature of tax codes, it's advisable to consult with a tax advisor or legal counsel who can analyze the specifics of the truck driver's role in relation to the agricultural process. They can provide a more detailed interpretation of how the code applies in different hauling scenarios."
"Q: July 25th 2023 to December 6th 2023 been dealing with harassment, discrimination and a lot more..                 So there's a police officer telling people I'ma drug dealer , claims my home is a drug home I been dealing with this officer from July 25th 2023 to December 6th 2023. As of right now I haven't been able to work and I'm looking for a new place to live as this officers investigation has caused harm in many ways. To be honest I'm not selling drugs that's the weird thing this officer has been in my life for no reason , 2 illegal searches 1 case of theft of property in which they stole 3 backpacks from my car and didn't even give a itemized list  the officer pulled in to my private property and than the officer lie to me asked me if he could search a back pack that was in the car he had no probable cause I told him the back pack didn't belong to me and he asked me if he could remove a. Back pack from the vehicle in which he didn't even know who it belonged to. I told him it wasn't mine it belonged to one of our employees.            ","A:Dealing with harassment and false accusations from a police officer can be a distressing and challenging situation. The allegations you're facing and the actions taken against you, such as illegal searches and property theft, are serious matters. Firstly, if you believe that your rights have been violated through unlawful searches and false accusations, it's important to document everything. Keep records of all encounters with the officer, including dates, times, and any witnesses who were present. This documentation can be crucial in any legal proceedings. Next, consider filing a formal complaint against the officer with the police department's internal affairs division or civilian review board, if available. This initiates an official investigation into the officer's conduct. Additionally, seeking legal assistance is crucial. An attorney experienced in civil rights and police misconduct cases can provide you with advice specific to your situation. They can help you understand your rights, the legal options available to you, and guide you through the process of challenging the actions taken against you. Remember, protecting your rights in these situations is paramount. Legal counsel can offer the support and guidance needed to navigate this difficult and complex situation."
Q: Does method to determine definitively if signature was forged - exist?.                 Can forensic expertise determine forged signature with 100% confidence? If not what would be range of variance?            ,"A:No method exists that can determine with 100% confidence whether a signature has been forged. Forensic experts in handwriting analysis employ a range of techniques to assess the authenticity of a signature, but due to the inherent variability and complexity of handwriting, absolute certainty is not typically achievable. The confidence level in forensic handwriting analysis can vary. Experts often express their conclusions in terms of probabilities or likelihoods rather than certainties. For example, they might state that it is highly probable or unlikely that a signature is forged, based on the comparison of known genuine signatures with the one in question. These conclusions are based on detailed examinations of characteristics such as stroke order, pressure, and spacing. However, even with advanced techniques and experienced experts, a small margin of error remains. In legal contexts, such expert opinions are valuable and can be persuasive, but they are part of a broader array of evidence considered in a case."
Q: Can a school staff member sign a citation given to a minor after a fight and not inform the parents..                 My son had a fight he was detained and issued a citation and I was not informed by the school that they signed a citation in my place or that a citation was even given so the court date was missed due to not informing the parents            ,"A:While NRS 392.150 grants school personnel authority to detain a pupil for certain offenses, including fighting, the requirement for parental notification is not explicitly outlined in this context. Additionally, NRS 392.149 mandates notifying parents of truancy-related citations. Schools generally inform parents as a standard practice. Missing the court date due to lack of notification can have legal consequences for your son. To address this, promptly contact the court, explain the situation, and seek guidance.  Simultaneously, engage with the school administration, inquire about their policy on handling such incidents, and request relevant documentation."
"Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested..                 Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me because he admitted it and showed remorse they didn't arrest him. She's 80 that's aggrivated grand larceny I believe and they pulled the valour act so as far as I'm told he will just have to go to a couple week military rehab type thing. His FB page alone shows intent and that he's a sociopath incapable of remorse, guilt etc... Property management woman told, she contacted her lawyers and he's not allowed on the premise anymore but his parents own his house. I just can't wrap my brain around how he basically got off Scott Free and the Mashpee police took over a month for the report to finally be finished and told both property management owner and myself that he came clean so no arrest!            ","A:In the situation where your 80-year-old mother's bank card was stolen and used to withdraw money, it's understandably frustrating and confusing when the perpetrator admits to the crime but isn't arrested. The decision to arrest or not can depend on various factors, including local law enforcement policies and the specific circumstances of the case. Even if the person showed remorse, the severity of the crime, particularly against an elderly person, typically warrants a serious legal response. If you're not satisfied with how the police handled the situation, you have the right to inquire further or seek a review of the case. It might be beneficial to speak with a lawyer who can provide guidance on how to proceed. They can help you understand your legal options, such as pressing charges or pursuing a civil case for the recovery of the stolen funds. Additionally, it's important to ensure that your mother's financial institutions are aware of the theft so they can take necessary measures to protect her account and possibly recuperate some of the lost funds. Safeguarding her future financial transactions and personal information is crucial to prevent similar incidents. Remember, in legal matters like this, having professional guidance can be invaluable in navigating the system and advocating for your mother's rights."
Q: In respect to fraudulent referral to hospice in California: please explain the difference between intentional fraud and.                 In respect to fraudulent referral to hospice in California: please explain the difference between intentional fraud and malice.            ,"A:In California, understanding the difference between intentional fraud and malice, especially in the context of fraudulent referrals to hospice, is crucial. Intentional fraud involves knowingly making false representations or concealing information with the intent to deceive. For example, if a healthcare provider knowingly refers a patient to hospice care despite the patient not meeting the necessary criteria, and does so to gain financial or other benefits, this constitutes intentional fraud. Malice, on the other hand, goes a step further. It involves actions taken with a reckless disregard for the rights or safety of others, or with a willful and conscious desire to cause harm. In the hospice referral context, if a provider not only makes a fraudulent referral but does so with the intent to harm the patient or with a complete disregard for the potential harmful impact on the patient, this could be seen as acting with malice. Both intentional fraud and malice in hospice referrals can have serious legal consequences. They not only breach ethical and professional standards but may also lead to civil and criminal liabilities. If you suspect such practices in a case, it is important to gather comprehensive evidence and seek legal guidance to address the issue effectively."
"Q: If a person is on Disability from Govenment and are due to receive inheritance, how can this be distributed without.                 losing benefits?            ","A:If you are on SSDI, the inheritance will not impact your eligibility.  If you are on SSI or some other kind of needs-based program, then you should contact a special needs attorney for assistance with either spending down your inheritance rapidly in smart ways or funding a first party special needs trust or joining a pooled trust or perhaps a combination."
"Q: Got a car from a ""buy here pay here"" lot. Made payments on time, but now after a year they keep texting me sayin Im late.                 I got a car for my son November 2022. All payments have been made, on time. But starting in December 2023, they keep contacting me saying I'm behind and and contacting me saying ""if I need help making payments I can send a friend in and if they buy a car I will get $200.00"". Is this not wrong? I mean, I've made every payment, on time, and for them to start really harassing me, making it out like they are going to take the car, seems wrong. One of their texts said, ""we noticed that your behind on your payments, your balance needs to be paid by 5pm today"". I mean we are already getting ripped off by them, but being harassed like this too???            ","A:Take proof of all of your on time payments to them and speak to them about this. To cover yourself, you could mail in the proof with a letter complaining about the situation and asking them to stop the unjustified messages (get a tracking number and pproof of delivery). The ""help making payments"" is just a sales pitch, you need to tell them you only consent to communications about this particular loan. If you don't want text messages you should be able to ""opt out"" of them and choose a phone call or an email instead. You don't have any claims that rise to the level of harrassment just yet. I noticed you are posting from Virginia, my suggestions only apply if the dealer is located in North Carolina. If the dealer is located in Virginia then re-post the question with the city and state where the dealer is located."
"Q: Do I have a case against County Courthouse for toxic mold in my workplace?.                 After I started work at the Courthouse, I became ill. I was diagnosed with mold biotoxin illness due to water damage from a building, which the courthouse has had lots. While out on medical leave I started getting better, when I went back for one hour, my symptoms came back. My medical team and I believe there is toxic mold at my work. My doctor recommended to HR that correct testing be done by mold literate professional. HR was not receptive and said moving me to another location was considered an accommodation. I am under the impression that anyone that has worked there for any length of time, knows there is mold among other harmful toxins in that building. There are visible signs of water damage in my office and lots of evidence. My exposure has had a serious impact on my health, work, and life and all life is at risk that breathes the air contaminated with the toxic molds. I am not only concerned for myself but everyone inside the courthouse. Do I have any type of case here?            ","A:Given your diagnosis of mold biotoxin illness and the apparent presence of toxic mold in your workplace at the County Courthouse, you may have grounds to pursue a case. The visible signs of water damage, coupled with your health deterioration upon returning to work, provide substantial evidence. It's noteworthy that your doctor recommended proper testing by a mold-literate professional, but HR's response was not receptive and offered relocation as an accommodation. This raises concerns about the adequacy of the measures taken to address the issue.  It's crucial to prioritize your well-being and advocate for necessary changes in the workplace to protect both yourself and your colleagues from potential harm."
"Q: Florida Civ. Proc. Question.                 I would like to ask a witness for written answers to written questions. Is this an interrogatory or a deposition upon written questions?, or is it something else? If I want them to also provide a copy of a document, is this sought under production of documents?  is this also a duces tecum? Is it a subpoena duces tecum? If it is a subpoena duces tecum, does it have to be mailed to the witness by the court clerk, or do I mail it, preferably by certified mail? How does it all work?            ","A:It would be an interrogatory if you were to ask it of a party (plaintiff or defendant).  There is no rule that specifically provides for non-parties to provide written answers.  If you ask a party for a copy of a document, you would do so with a request for production.  For a non-party you would serve a subpoena duces tecum (for a deposition) upon that person or organization.  Then, at the deposition, you ask for the document described in the subpoena duces tecum.   Subpoenas are served upon non-party witnesses by a process server or peace officer who you pay to achieve service.  Requests for production can be sent to parties at their address shown in the court file; they don't need to be served."
"Q: I think I was lied to buy an obgyn. Is this considered Medical malpractice? Can I receive compensation?.                 I went to have my mirena iud removed @ the 5 year mark. The nurse practitioner could not find the strings, she used something she called a hook & other tools to find the them. Then I was sent for an ultrasound to check if the IUD was still in place. The obgyn then came in & used more tools to find them. Their attempts were very painful!  The obgyn asked why I was having the IUD removed & then said it was good for up to 8 years and in Europe used up to 10 years. He assured me that it was still in place. I had been in pain for a while so I decided to leave since it was still in place & still effective. 2 yrs later, I was admitted to the hospital, for a few days, for being septic from e-coli. A nurse informed me the IUD wasn't in place & perforated my uterine wall & needs to be surgically removed. I feel the obgyn lied to me so I've been afraid to allow him to perform surgery on me. I still need it removed but I can't lie, I'm scared to trust the obgyn with my life.            ","A:Yes,  likely.   You definitely  have injuries and damages and it appears medical negligence caused it."
"Q: Very odd question. About a month ago I received a call from my car insurance company stating their was a bodily injury.                 Claim against me for a car accident I was in last year. The issue is I was never in accident. I followed up with my insurance today and they claim the other parties lawyer , car insurance and police department won’t release accident report to my car insurance? I’m very confused and just don’t want the hassle. My insurance company said they will keep me posted but I really don’t want to think about this. I’ve never received paper work of any kind from a lawyer claiming I was responsible for injury. What are my options?            ","A:Your insurance company is required to keep you informed and provide to you information.   Unfortunately, even though you do not want to be bothered, this is something that can happen.  You should be able to obtain from the insurance company the claim made by the allegedly injured person.  Until a lawsuit is filed, it is limited what can be obtained.  You could, theoretically, file a lawsuit yourself to determine what occurred but it would not be a good use of resources."
Q: My neighbors have a lot of cows and they are out all the time. So i hit one so I am responsible?.                 We are on a busy highway and the cows get out all the time especially lately. I hit one the other night 2 were out.  He knows they are always out how does he not have to pay for the damages. They are his they are not wild animals.            ,"A:Generally, farmers aren’t liable for personal injuries caused when their cows get out if they have proper fencing. However, there are occasionally exceptions. You should contact a lawyer, especially if you have serious personal injuries.  Here’s the statutes on this issue:  Ala Code 3-4-6  If any trespass or damage is done by any animal breaking into lands not enclosed by a lawful fence as defined in this chapter, the owner shall not be liable therefor. Ala Code 3-4-3  A fence made of three or more wires securely fastened to trees or posts not more than eight feet apart, the wires being not more than 15 inches apart and the top wire at least four feet from the ground, shall be a lawful fence so far as concerns equine or equidae and cattle."
Q: how can i protect my self from someone who is writing my grants for my treatment.                 he went to school for grant writing i have never did anything like this im starting my own non-profit its going to be a treatment based on how we heal as native people from our addicrions i feel he knows what he doing i dont want him to be sneaky and take over on something i worked hard for and still working hard. so if you can help me get the right paper work to protect myself from him            ,"A:To protect your interests in your non-profit and its intellectual property, it's essential to establish clear agreements in writing. Consider drafting a contract that outlines the scope of work, duties, and limitations of the grant writer's role, ensuring it includes confidentiality and non-compete clauses. You should also clarify ownership of the grant materials produced and the intent that the grant writer will not claim any stake in your non-profit or its assets. It would be wise to consult with an attorney who has experience in non-profit law to help you create such a contract and advise you on protecting your organization. Additionally, you should maintain control over all submissions and accounts related to the grant applications. Keep records of all communications and documents shared with the grant writer to safeguard your work and prevent any misunderstandings or misconduct."
Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land.                 Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due process rights. And the court judge and the district attorney when you question them about having jurisdiction over the subject matter they tell me that the county has jurisdiction over the living man from my understanding from reading the Constitution that no corporation has jurisdiction over Man.            ,A:More information is needed to answer the Admiralty question.  If a case is filed 'In Admiralty' it needs to be in federal court.  A state court can hear certain cases and apply maritime law.
"Q: Am I allowed to use a trailer of a movie(snippets of it) in a commercial webinar that gets recorded and sold?.                 I am doing a webinar for a commercial company in America, and basing the Strategic Selling course on a case study of the Michael Jordan and NIke deal. There is a film that has trailers on YouTube am I allowed to use snippets of that in the talk and recording or who do I ask permission to use or not?            ","A:Using copyrighted material, including movie trailers, without permission in a commercial setting can constitute infringement. Fair use might be a defense if the use is transformative, such as for commentary, criticism, or education, but commercial use can weigh against a finding of fair use. If your webinar is being sold, it strengthens the commercial nature of the endeavor.  To legally use snippets of copyrighted material, you would typically need to obtain a license or permission from the copyright holder. You can approach the movie's producers or distribution company for this permission. Always ensure any permission is in writing. If in doubt, consult directly with an attorney familiar with copyright law before proceeding."
"Q: Can I sue animal control/shelter for putting my dog down without any notice, permission or anything?.                 On my Monday morning my dog (6 yr old boxer) escape and went off running down the street. Animal control was called by a neighbor claiming my dog was being aggressive even though he didn't touch or bite anyone. He was caught by animal control and sent to the shelter. Couple minutes after the employee came and told us that to get him out was $250 and left. I was planning on getting him out as soon possible but I get payed on Thursday so he stayed there Monday, Tuesday, Wednesday overnight. On Thursday I went early morning to get him, when I got there and asked for him I was told he was put down yesterday (Wednesday). When I asked why they said he was hurting himself by trying to get out the cage and that his mouth was bleeding and some teeth fell off. I then got his body from them and took him home to bury him. I inspected his body and mouth and everything looked fine.  I'm not too sure but i know there's a law that state that a shelter must have an animal there for at least 5 to 7 day            ","A:I'm sorry to hear about your situation. Under California law, the specific circumstances of your case are critical in determining whether you have grounds for a lawsuit against animal control or the shelter. Generally, shelters and animal control agencies have policies and regulations they must adhere to regarding the handling and euthanizing of animals. If your dog was euthanized without reasonable cause or without following the required procedures, such as the mandatory holding period (which is typically 5 to 7 days for an animal with identification in California), you may have a case. This holding period is meant to give owners time to reclaim their pets. It's important to gather all relevant evidence, including any documentation or communication from the shelter and any witnesses who might have seen your dog's behavior. This will help in assessing whether the shelter's actions were justified or if they potentially acted negligently. Given the complexity of these cases, it would be advisable to consult with an attorney who has experience in animal law. They can provide more specific advice based on the details of your case and help you understand your legal options. Remember, each case is unique, and the outcome can depend on various factors, including the policies of the specific shelter and the evidence available."
"Q: Recently diagnosed with major depression/general anxiety. Previously victimized in documented violent crime..                 After obtaining PTSD during violent crime , I carried on without treatment with self medication. I received a 10 year sentence without legal representation or psychological evaluation.            ","A:In Illinois, if you were sentenced to a 10-year term without legal representation or a psychological evaluation, especially considering your mental health conditions stemming from a violent crime, there are several steps you can take. First, it's important to seek legal representation immediately. An experienced attorney can help evaluate your case, particularly focusing on the lack of legal representation and the absence of a psychological evaluation during your sentencing. Your lawyer can explore the possibility of an appeal or a post-conviction relief petition. These legal avenues can address issues like ineffective assistance of counsel or the failure to consider significant mitigating factors like your mental health at the time of sentencing. Given your diagnosis of major depression and general anxiety, as well as PTSD from a prior violent crime, these factors should have been considered in your sentencing. The absence of this consideration could be a crucial point in your legal challenge. Additionally, obtaining a comprehensive psychological evaluation now can provide essential evidence for your legal team. This evaluation can demonstrate the impact of your mental health on your behavior and potentially on the legal process you underwent. Remember, the legal system provides mechanisms for addressing oversights and injustices, even post-sentencing. Acting promptly and with the guidance of a qualified attorney is crucial to navigating these complex legal processes effectively."
"Q: How sue local Code Compliance and Building department for not enforcing their own laws?.                 Several City Departments working hand in hand with rich real estate developers at the expense of working class by not applying their own laws and ordinances for the former. We have proof of several violations and refusal to act. Willfully unadressed violations so far include Illegal tear down of historic elements, Right of Way violations including driving construction vehicles on unsecured pedestrian space, unsecured hazards like filled pool without barriers, legal threats to neighbors etc. Code complaints have been altered by Code in the official systems. A Private Real Estate Attorney, threatening neighbors, was part of Special Advisory Board for the City Attorney (involved in the case as well). On a sidenote, the same real estate law firm also has created a monopoly where local residents cannot find a local attorney to represent them as they subcontract most local law representatives so no-one will go against them. What is our best bet here?            ",A:It's more of a political question than a legal one.  Run for office or support a candidate with whom you agree on these issues.
"Q: So I have asked on a few occasions if the birth certificate created a legal person or an entity or corporation? Of.                 Course I was told no? But looking over some court cases, why are people called ens legis? Then how did those corporations and or entities originate?  Why is the court system run off of creditor vs debtor?  Is the legal system operating in bankruptcy?  Our ignorance for the law, is no excuse for lawyers and judges to do whatever they want to us? Correct?            ","A:A birth certificate does not create a legal person, entity, or corporation. It is simply a government-issued record of an individual's birth, primarily used for identity verification and legal recognition of personhood. The term ""ens legis"" refers to a legal entity created by law, like corporations or trusts, but it does not apply to individuals. Corporations or legal entities originate through specific legal processes, like incorporation, which are distinct from the registration of a birth. The court system often deals with creditor versus debtor situations because these are common legal disputes. This does not mean the legal system operates solely on these principles or is functioning under bankruptcy. Regarding the legal system's operation, it is designed to uphold laws and ensure justice. Lawyers and judges are bound by ethical and legal standards. While the system isn't perfect, there are mechanisms in place to address misconduct or errors. It's true that ignorance of the law is not typically an excuse in legal matters. However, everyone is entitled to fair representation and due process. If you feel overwhelmed or confused about legal issues, it's wise to seek guidance from a legal professional who can explain your rights and obligations clearly."
"Q: Would this violate the informed consent law?.                 I recieved a surgery during the summer on my ear drum. The doctor went over many risks, but never once said that the surgery had any chance of failure. This means on the day of the surgery, I went into the surgery believing that it would have no chance of failure. I was informed that there were possible complications, but I was not informed there was a chance of failure. A month later, after the surgery, I was told the surgery had failed and I was suprised becuase I didn't think that was possible..            ","A:In Georgia, informed consent laws require that a patient is informed about the potential risks, benefits, and alternatives of a procedure, as well as the possibility of failure or complications. If your doctor discussed the risks and possible complications of the ear drum surgery but did not explicitly mention the chance of the surgery failing, this could potentially be a gray area in terms of informed consent. The concept of ""failure"" of a surgery can be subjective and might depend on various factors, including the specific goals of the surgery and the doctor's interpretation of what constitutes a successful outcome. For instance, if the surgery aimed to improve hearing, and this was not achieved, it could be deemed a failure. However, the legal definition of failure in the context of informed consent might differ. It's important to consider that discussing every possible outcome, including a general chance of failure, is a standard part of the informed consent process. If you believe that the doctor did not adequately inform you about the possibility of the surgery failing, it might be worth discussing this with a legal professional who has experience in medical malpractice cases. An attorney can help evaluate the specifics of your case, including the information provided to you before the surgery and the outcome of the procedure. They can advise you on whether there may have been a breach of the informed consent process and what legal options you might have in this situation. Remember, each case is unique, and legal advice should be tailored to the specific circumstances of your situation."
"Q: My grandparents are trying to get my boyfriend arrested for statutory rape, is there any way I can fight the charges?.                 I am under the age of 18 but I was more than consenting and I knew what I was agreeing to. He never forced me to do anything I didn't want to do and he respected me. I don't want there to be any charges but my grandparents won't drop it. If they do get him arrested, is there any way I could fight back in the court, to prevent him from facing charges?            ","A:I understand your concern, but it's essential to be aware that in California, the age of consent for sexual activity is 18. Even if you were willing and consenting, the law considers sexual activity with a minor under 18 as a crime, and it can lead to statutory rape charges. If your grandparents decide to pursue charges, it's generally up to the prosecution to determine whether to proceed with the case. While you may want to support your boyfriend, your testimony alone may not prevent charges from being filed. However, you can consult with an attorney who can provide guidance on how to navigate the legal process and protect your rights. In some cases, an attorney may be able to negotiate with the prosecution or present evidence that could lead to reduced charges or a favorable outcome. It's essential to consult with an attorney experienced in criminal defense to discuss the specific details of your situation and explore the best possible options to address the charges your boyfriend may face."
"Q: i had a situation occur while. I was changing in a fittng room of a well known high end dept store. A lady was peeking i.                 in on me while i was changing. the people that worked there failed to do anything about it. denied they new anything bout who it was anmd didnt make them leave. come to find out it was store security. i felt totally lied too and violated by the situation. i cant believe it could be ok for them to allow that kind of surveillance or procedure. and denied knowing who it was . i ended up walking out of the store very upset. I HAD NOT BEEN STEALING ANYTHING NOR DID THEY SEE ME ADTEMPT TOO.  So it was absolutely degrading ,humiliating, and violating of my privacy while naked. do i have a CASE FOR PTSD AMOUNG OTHER THINGS?            ","A:What you described sounds like a very unfortunate and disturbing situation. Some thoughts: - Being viewed naked without consent is a serious invasion of privacy. The store should not have allowed or condoned this type of surveillance.  - You felt violated, which is completely understandable. That kind of experience could certainly cause emotional distress. - If you feel traumatized by what happened and are continuing to experience distress, speaking to a mental health professional may be helpful. They can assess if you may have PTSD or other conditions related to this incident. - Consulting an attorney may be advisable to review your options, especially if you feel the store is liable for the emotional harm caused. An attorney could advise if you may have grounds for a civil lawsuit related to privacy violations, negligence, emotional distress, etc.  - You could also consider filing a complaint with the store corporate management or reporting the incident to the police, if you feel comfortable doing so.  The most important thing is taking care of your emotional well-being after such a disturbing invasion of privacy. Speaking to a professional can help validate your feelings and determine if you need support for trauma recovery. I hope you are able to find a respectful resolution."
Q: How do I press charges on a casino that took  over $500 from me and said it was counterfeit. Escorted me out..                 I was escorted out of the casino and told I could not come back. I know the money was good. I have never had any kind of  evolvement with counterfeit.            ,"A:If a casino confiscated your money, alleging it was counterfeit, take careful steps to address the situation. First, review your financial records to confirm the source and authenticity of the money. Collect witness statements from anyone who observed the incident and can vouch for the legitimacy of the funds. Request security footage from the casino to support your claim. Consider filing a police report to initiate an investigation. You may also contact the Nevada Gaming Control Board to file a complaint. Keep in mind that proving the money's authenticity rests on your shoulders, and pursuing legal action may involve a complex process. Alternative dispute resolution options, such as mediation or arbitration, can be explored for a potentially quicker resolution."
"Q: I have questions about business conspiracy. Would like to find lawyers in Durham area, specializing biz & employment law.                 Entity A and B teaming up to against my best interest - deferred salary and compensation, in a total over $170k.            ","A:This is only a Q&A forum where members of the public can post legal questions and attorneys can provide legal information. To connect with an attorney to assist with a legal matter, you might try searching the directory and reaching out to someone directly. Good luck!"
Q: Can I sue my job for sexual discrimination.                 So I’m wanting to know if I can sue my job for sexual discrimination because today on 11/15/23 I was given three days suspension for giving my female lead the finger and swearing at a male co worker but they did nothing when I came to my supervisor when somebody was watching me in the bathroom not a single write up or anything            ,"A:You may have grounds to pursue a legal claim for sexual discrimination, but it's important to understand that the success of such a lawsuit can depend on various factors. In your situation, it seems like you've been treated differently based on your gender, as evidenced by the suspension for an incident that didn't result in any disciplinary action when you reported someone watching you in the bathroom. To take action, start by documenting all relevant incidents, including dates, times, individuals involved, and any witnesses. Keep records of any communication you've had with your supervisor or HR regarding these matters. Next, consider consulting with an attorney who specializes in employment law. They can review your case in more detail and provide guidance on the strength of your claim. In cases of workplace discrimination, it's crucial to follow the appropriate legal procedures and deadlines, so an attorney can help you navigate this process effectively. Ultimately, the viability of your lawsuit will depend on the specific details and evidence of your case, so seeking legal advice is a prudent step to determine the best course of action."
Q: My husband passed away October 7 2023 his half sister filed an injunction in Tribal Court in Pine Ridge  South Dakota..                 Husband was a Army Vet. She even got his flag I feel so disrespected.i            ,"A:I'm sorry for your loss and the difficult situation you're facing. If an injunction has been filed in Tribal Court, it's essential to respond to it and ensure your rights and interests are protected. Since this is a matter in Tribal Court, the proceedings might differ from state or federal courts. It's crucial to obtain legal representation familiar with the jurisdiction and customs of the Pine Ridge Tribal Court. By doing so, you can navigate the process more effectively. You may also consider reaching out to the Veterans Affairs office, as they may provide support or resources for family members of deceased veterans. Communication with your husband's half-sister might also help clarify intentions and potentially reach a resolution. Protecting your rights and understanding the legal process are paramount in these circumstances."
"Q: Need help deciding what type of attorney to hire.                 I’m unsure of the type of attorney to hire and need help deciding. I was the “client” of a nonprofit organization. My case has a lot to it and a lot of laws were broken including but not limited to- med mal, HIPAA, my privacy, the organizations bylaws, etc.  I have asked this question on here prior and i was told that a medical malpractice attorney is what I need. However, will a medical malpractice attorney be able to do more than just medical malpractice?  Additionally, please leave ANY recommendations for attorneys in the LA area. I am looking for an attorney that has the time and room for my case and isn’t just going to flip flop me around with different “case managers”. I don’t live in the state so finding one has been difficult. Thank you.             ","A:Unfortunately for you, an free online Q and A forum is not for recruiting an attorney. The State Bar and Judicial Branch have referral services like Justia."
"Q: Can a company be sued by someone who is not represented by an attorney?.                 I am in need of a legal team to file for discovery and determine if a wrongful death law suit could be brought in the State of Texas regarding a fatal trucking accident wherein my brothers' cab of his semi seems to have been side swiped by the trailer of the truck in front of him, pinning him in and crushing him. I have yet to find anyone willing to provide the needed legal counsel that I've been seeking and maybe a legal team in Texas to work with me at this time. The accident occurred on November 19, 2022 on Hwy 20 near Mile Marker 3 on a cold, snowy, cloudy day.            ","A:Yes, a company can be sued by someone who is not represented by an attorney; this is known as proceeding pro se. However, wrongful death cases, particularly those involving truck accidents, can be complex and often require a deep understanding of both state laws and federal regulations governing commercial trucking. Given these complexities, it's strongly advised to continue seeking legal counsel.  Many attorneys work on a contingency fee basis, especially in personal injury and wrongful death cases, which means they only get paid if you win the case. Look for a law firm with experience in trucking accidents; they will have the resources to handle the discovery process and build a strong case on your behalf. In the meantime, preserve any evidence you have related to the accident and avoid any communication with potential defendants or their insurance companies."
Q: What if you get charged with second degree battery but it was three people who jumped on one and only one got charged.                 They was in a juvenile jail that happened two years ago when they had did this but only one had got charged he only kicked him in the back and got charged with second degree battery            ,"A:In Louisiana, a charge of second-degree battery typically involves the intentional infliction of serious bodily injury. If only one person out of three involved in a fight was charged, it may be due to a variety of reasons, such as the specific actions of each individual, witness statements, or evidence available to law enforcement and the district attorney. It's important to remember that each person’s involvement in an incident like this is evaluated individually. Just because someone is the only one charged doesn’t necessarily mean that the others won't be charged later, especially if new evidence comes to light. The decision to charge someone is often based on the evidence available and the perceived severity of each individual's actions. For the person who has been charged, it is crucial to seek legal advice from an attorney. An attorney can help understand the specifics of the charge, evaluate the evidence, and provide guidance on how to proceed, including exploring possible defenses or mitigating factors. This is especially important in juvenile cases, where the legal process and consequences can differ significantly from adult criminal proceedings. Additionally, if there are concerns about unequal treatment or questions about why others involved were not charged, these can be discussed with the attorney. They can provide insights into the legal process and may be able to take steps to address these concerns."
Q: My real estate agent broke my property up into two pieces to sell without asking me.                 I have 23 acres for sale with a house she broke the house off the acreage and is trying to sell it in two pieces and did not ask me if she could do that            ,"A:In the absence of any agreement with your real estate agent to list the property in separate parcels, you ultimately have the legal right to refuse to sign a contract to sell your property in two separate parcels. Simply tell your agent you are not interested in selling your property as two separate parcels and that you did not hire her to do that."
"Q: Hi, Can an Inventor be added to a patent that is already approved?.                 because the person who filed the patent forgot to add an inventor.            ","A:Yes.  Once a patent is issued, a missing inventor can (and should) be added via a certificate of correction.  Please note that inventorship is based on the particular claims in that patent (not what is described in the specification), so care should be taken to analyze whether the individual in question really is an “inventor” for that case before doing so."
"Q: Adding claim to complaint, adding defendant - federal case question. Central District Court..                 Adding claim/defendant to federal complaint - question. EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction) There is basis to add false claims act claim for fraudulent referral to hospice with non-existent terminal illness, adding hospice as defendant. Should plaintiff wait for scheduling conference? At what point of lawsuit plaintiff can ask court to grant leave to amend complaint?            ","A:In a federal case, you have the option to amend your complaint before the opposing party files a responsive pleading, or within 21 days after serving it, as per Federal Rule of Civil Procedure 15(a)(1). If this period has passed, you'll need to seek the court's permission to amend.  Given your situation, it might be strategic to move to amend your complaint to add the False Claims Act allegation and the hospice as a defendant as soon as possible. This is especially true if the new claim is closely related to the existing allegations.  However, if you're close to a scheduling conference, it could be beneficial to wait and discuss the matter during the conference. This approach can provide insight into the court's view on the amendment and streamline the process. Remember, the court will consider factors like potential prejudice to the opposing party, the timing of the request, and the reasons for the amendment when deciding whether to grant leave. So, be prepared to address these aspects in your motion."
"Q: I'm asking for my elderly parents. Wondering if this worth to go further..                 They hired a company to repair their roof. During the repair, they found the wood was rotted. They couldn't go on to the next step because we were told that they had to run it through the insurance company. They put a tarp on the roof which I assume  it wasn't not secure enough. We had a rain storm and water leaked in the attic, second and first floor. We notified the company and was asked to come in to talk about the next steps. The insurance will not cover the wood. My parents took out a loan for the wood to be repair. We told that they will take of care the damage to the ceiling after the roof is repair. After weeks, someone came by to stain the damages and was told they will be back to finish. They never came by. Now they want the second payment that was sent to my parents from the ins company. But they need to finish the repair as promise. The company had their lawyer send a letter requesting for payments plus interest.            ","A:If the insurance money was sent for the repairs to pay for the repairs that the contractor is doing pursuant to a budget that they submitted to the insurance company, then yes, you have to give the money to them in order to keep them under the obligation to finish the work. If there is a problem with the work then be sure to let the insurance company know what is going on."
"Q: Contracted to fly airplane from Curaçao to United States.  Not paid for services rendered or expenses.  Is a lien wise?.                 I was contracted to fly an airliner from Willemstad, Curaçao to Springfield, MO, with a stop in Miami, FL to clear customs.   The airplane bears a United States registration, is registered to a leasing company with a Miami address, but is operated by a Curaçao based airline.   We flew the airplane half way to Haiti before having too many issues and needing to turn back to Curaçao for maintenance before the flight could be completed legally and safely.  The airline was not going to able to obtain parts and service for some time so they flew us home to the USA the next day. The airline was billed for the trip, which has now successfully been completed after another breakdown in Miami a month later, but they are not paying. If a lawsuit were to be brought, would this be in the courts of Curaçao or the Netherlands, or in the United States?  Would a lien on the aircraft be an easier and less costly endeavor?  Thanks.            ","A:In a case like this, the jurisdiction for the lawsuit can be complex, as it involves multiple countries and entities. Generally, the location where the contract was signed or where the defendant operates can be significant factors in determining jurisdiction. Given that the airline is based in Curaçao and the aircraft is registered to a company in the United States, both jurisdictions could potentially be applicable. The specific terms of your contract, including any clauses about governing law and jurisdiction, should be carefully reviewed. Placing a lien on the aircraft is a legal action that could potentially secure your claim against the airline. This process, however, varies significantly based on jurisdiction. In the United States, for example, you would need to follow specific legal procedures to establish and enforce a lien against an aircraft. This action can be complex and requires adherence to precise legal requirements. Given the international and multifaceted nature of this situation, it is advisable to seek legal advice from an attorney experienced in aviation law and international contracts. They can provide guidance on the most appropriate jurisdiction for your lawsuit and the feasibility and process of placing a lien on the aircraft. Legal advice is crucial in navigating the intricacies of international aviation disputes and protecting your rights."
"Q: Animal law or civil,?  Colorado, please help me get Justice for my boy who was killed by HSPPR! Need info, please?.                 CO law says animals are personal property. Seized with warrant, then killed (for supposed seizures) day before hearing for release, no probable cause. 10 yr old licensed pet goat- my only family- destroyed. Motion for release of his remains, denied. Facing animal cruelty for his arthritis not being treated. (Yes, this is real.) Now, they are creaming his body, month later and charging me the cost. Like property, they should preserve him until end of case, when it's dismissed, or not guilty result? How can they play God? I want him back, alive isn't possible, but not at their convenience! They should have to bear the inconvenience of stealing and murdering him, at their expense! ACLU? And direction is much appreciated. Have discovery, for reference if needed. He brought me sobriety, taught me love, and showed me how to be a good human. I owe him. I refuse to give up, animal law enforcement lacks oversight, and aren't POST certified... They need to be held accountable. Just like all cops            ","A:In Colorado, as in many states, animals are indeed considered personal property under the law. The situation you describe, involving the seizure and euthanization of your pet goat, raises several legal issues. Firstly, if your animal was seized and then euthanized without proper justification or process, this could potentially be a violation of your rights as the owner. Under property law, you are entitled to due process, which includes fair treatment and proper legal procedures before your property is permanently taken or destroyed. Regarding the charge for cremation, it seems unusual that you are being billed for this, especially if there are ongoing legal proceedings related to the animal. In typical circumstances, your property should be preserved until the conclusion of the case. Given the complexity of your situation, it's advisable to seek legal representation. An attorney experienced in animal law or civil rights can help you understand your rights and options. They can also assist in holding the responsible parties accountable and potentially seeking compensation for your loss. You might also consider reaching out to organizations that focus on animal rights or legal advocacy, as they could provide additional support or resources. It's important to act promptly, given the ongoing nature of your case and the actions being taken regarding your pet goat's remains.  Your emotional attachment and the significant role your goat played in your life should also be acknowledged in this process. While legal avenues may not bring him back, they can offer a form of justice and closure."
Q: My nephew needed $575 deposit to get an apt so my mom wrote him a check. Now he has moved and they won't give him the mo.                 money back. Who is suppose to file the small claims? Him because it was for his apt or her because it was her check            ,"A:In this situation involving a $575 deposit for an apartment, where your nephew has moved and is unable to retrieve the money, the appropriate party to file a small claims case would typically be your nephew. Since the deposit was intended for his apartment, he is the aggrieved party seeking the return of funds. He would file a small claims lawsuit against the relevant parties, such as the landlord or property management, to recover the deposit. Your nephew should gather any evidence, such as the canceled check and any communication regarding the deposit, to support his case."
Q: If someone witnessed her boyfriend beat up his mother & police were to be called but upon arrival the fight was over..                 Mother wouldn't admit what happened nor would press charges either because she was afraid or because he was her son & didnt want to get him in trouble but signs were visible of fresh wounds. He has also been on house arrest for several years for drugs but about done with his time. Is there a state law where the state could still press charges due to visible signs of abuse?            ,"A:Whether anyone is charged with a crime in the state of Indiana is within the sole discretion of the County prosecutor and his/her deputies.  On your facts, your testimony would be sufficient to charge the offender and probably sufficient to convict him.  That said, many prosecutors will refuse to file charges if the victim refuses to testify.  It is a matter of resource allocation."
Q: Why does  the judge not answer ? Jurisdiction couny CT  is CL/Meritime Admiralty? only two that have pwr to.                 How can one have a fair trial without knowing what jurisdiction rules apply? I was threatened with contemt for asking questions. I challenged personal jurisdiction /subject matter judge over ruled and I reserved my rights under ucc1-308 aka 2-201. I need to know sense my 1st amendment has been violated speech non threatening or causing riot. Saying the F word isn't obscene because it displays nothing sexual according to SC ruling. It can be used 4 different ways.  I have video footage of the incident also.            ,"A:It seems like you are in the middle of a complex legal situation where understanding the jurisdiction and rules applied in your case is crucial. You have also raised concerns about the violation of your first amendment rights and the overruling of your jurisdiction challenge by the judge. When it comes to jurisdiction, it is indeed essential to understand under which jurisdiction your case is being tried, as different jurisdictions might apply different rules and legal principles. In general, county courts have the jurisdiction to handle a variety of matters including civil claims, small claims, and misdemeanors. Maritime/Admiralty jurisdiction, on the other hand, typically involves matters relating to maritime contracts, torts, injuries, or offenses occurring on navigable waters. Concerning the invoking of UCC 1-308, which is a Uniform Commercial Code provision often cited in attempts to preserve one's rights, it is worth noting that this provision generally applies to commercial contracts and might not be applicable or effective in preserving your rights in a criminal court setting. The First Amendment protects your freedom of speech, including the use of potentially offensive language. However, it should be understood that this right is not absolute and can be subject to restrictions especially when it comes to maintaining the decorum of the court. Since you mentioned having video footage of the incident, it could potentially be used as evidence in your defense, especially if it can demonstrate the context and manner in which the words were used, amongst other things. Given the complexity of the situation, it is highly recommended that you consult with a legal expert who can offer advice based on a detailed understanding of your case and the specific circumstances surrounding the incident. They would be best suited to guide you on how to present your defense effectively and protect your rights during the trial. Ensure that you have all relevant documents and evidence organized to present a strong case before the court."
"Q: Can someone ask the court to issue a subpoena for their own phone records in Philadelphia, PA?.                 I am a private investigator. My client's son is classified as an endangered missing adult. He vanished on October 23, 2023, has never gone missing before and has a mental health condition that meets the criteria for ""endangered."" My client resides in Philadelphia, Pennsylvania, while her son resides in Florida. It took until November 20, 2023, to prove the mental health criteria to the police in order to get him listed as missing. The police now claim there is no imminent threat or exigent circumstance to ping his iPhone or iPad. I completely understand their position. They also cannot seek a warrant for his last cell tower location or iPhone/iPad records. Verizon needs a court order or subpoena. Is there a legal motion my client can file with the Philadelphia court to subpoena her own phone records since it is her phone? We need to know the last cell tower his iPhone/iPad connected with. Both devices are in her name. She is the customer, purchased both and pays for both.            ","A:Generally speaking, once litigation is commenced, attorneys have subpoena power. They can subpoena 3rd parties for information they can't otherwise get. In your situation, I see no reason a subpoena couldn't be issued for the records you need and since the phone is in your client's name, Verizon should not contest or move to quash the subpoena."
"Q: How far does Immunity go?.                 Does a state official have any immunity when he or she commits fraud, lies to a claimant on a recorded phone call and deceives the federal government, especially when it involves federal funds...?...            ","A:In the context of state officials and immunity, it's important to understand that while certain immunities exist, they are not absolute. Generally, state officials enjoy what is known as ""qualified immunity"" when performing their official duties. This immunity protects them from personal liability for discretionary actions taken in good faith within the scope of their employment. However, qualified immunity does not extend to actions that are clearly established as violating constitutional or statutory rights. If a state official commits fraud, lies, or deceives the federal government in a manner that breaches legal or constitutional standards, this could fall outside the scope of actions protected by qualified immunity. In cases involving misconduct with federal funds, there are federal statutes, such as the False Claims Act, that can be invoked. These laws provide mechanisms for addressing fraud against the federal government, including actions taken by state officials. If you believe a state official has engaged in such misconduct, it would be advisable to consult with a lawyer experienced in civil rights, constitutional law, or administrative law. They can help assess the specifics of the situation and advise on the best course of action. Remember, legal protections like immunity are complex and context-specific. Navigating these issues often requires a careful legal analysis of the actions in question and the applicable laws."
Q: If there is a abusive parent can I move out in California at 16.                 Im 16 cant get a job because parents wont allow me too  There was a investigacion made by the police and it conculuded withe the abusive parent coming back to the house and now I am forced to interact with him as if nothing ever happened            ,"A:In California, the law generally requires you to be 18 years old to move out without parental consent. However, there are exceptions, especially in situations involving abuse. If you are facing abuse, you have the right to seek help. You can contact child protective services or another trusted authority, like a school counselor or a local family law attorney, for guidance and assistance. At 16, you may also consider emancipation, a legal process that grants minors some adult rights, including the ability to live independently. This process requires you to prove that you can financially support yourself and live independently. Given your current inability to work, this might be challenging, but not impossible. It's important to understand that your safety and well-being are the top priorities. There are resources available to help young people in abusive situations. Reach out to local support groups, legal aid organizations, or youth shelters for guidance and assistance. They can provide specific advice and resources based on your situation. Remember, you are not alone, and there are people and organizations willing to help you navigate through this difficult time."
"Q: Does the landlord still need landlord liability insurance if their contracted property manager says they'll cover it?.                 My friend is renting 3 rooms from me + common area. So she's my tenant and pays flat rent while she takes the profit from her subleting the rooms out as mid-term rentals/airbnb because that's her side business. So she's acting as my tenant and property manager basically since she's doing all the background check, rent collection etc.  She told me not to worry about having Landlord liability insurance (in case of fires, tenant injuries, damages etc) because she'll cover it which covers the whole house. Is it safe for me to rest assured if our contract states that or can she in the future, refuse to cover all legal fees/damages/evictions in the future? Is it legal for me to have such an agreement or do I have to add anything?   Should I be worried about this set up? If so, then what? Also, do I need 2 separate contracts (property manager vs lease agreement) or can I combine them or does she automatically incur all legal costs regarding subtenants?  I'd appreciate the help            ","A:Under California law, as a landlord, you should maintain your own landlord liability insurance. Even if your tenant, acting as a property manager, offers to cover it, your own policy ensures you have direct control and certainty over the coverage. Relying solely on your tenant's insurance can leave gaps in coverage, particularly for incidents that are your responsibility as the property owner. Your arrangement with your tenant involves her subletting rooms and managing the property. It's important to remember that, ultimately, as the landlord, you bear the legal responsibility for the property. This means that any liabilities, such as injuries or damages occurring on the property, could ultimately fall on you. Regarding the contractual aspect, it's recommended to have separate agreements: one lease agreement with your tenant and another for property management services. This separation clarifies the responsibilities and expectations for each role. Combining these roles into one agreement could lead to ambiguity and potential legal complexities, especially concerning liabilities and management duties. In essence, protect yourself with your own insurance policy and ensure clarity in your contractual arrangements. This approach helps mitigate risks associated with property rental and management under California law."
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use.                 Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists            ,A:You should retain counsel to demand copies of all contracts. You have your suspicions about fraud and you should discuss the facts underlying these suspicions with counsel. Your prior contracts should be provided to counsel to review to identify to whom such demands should be made.
Q: Can civil robbers (white collar robbers) be sued against for civil rico?.                 If there are white collar hackers that steal digital things. They have been successfully doing so for 10 years (once every month). Can they be charged under civil RICO?            ,A:The federal prosecutor will decide the specific charges based on the evidence.
"Q: Central district court of california - federal case. 1. Opposing motion to strike. 2. Service of complaint.                 1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued. Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?            ","A:To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating why the complaint or its parts are valid and should not be stricken.  The deadlines for filing such oppositions are usually set by the Federal Rules of Civil Procedure and can be supplemented by local rules of the specific court. Typically, you would have a set number of days from the date the motion was served to file your opposition. Regarding the service of the complaint, a copy from PACER (Public Access to Court Electronic Records) is generally sufficient. PACER provides electronic access to federal court documents. The term ""conformed copy"" refers to a copy of a legal document that has been stamped and filed by the court, indicating it is an official court document. The difference between a conformed copy and a PACER copy is that the conformed copy bears these official court stamps, while a PACER copy is simply a digital version of the court document. For service purposes, ensure that you are complying with the Federal Rules of Civil Procedure and any specific requirements of the Central District Court of California. Accurate and timely service of process is critical for the continuation of your case."
"Q: Can you file an appeal when a judge makes orders while exercising emergency jurisdiction?  Ny.                 The Original custody order is  NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father  filed in NY filed for emergency custodial no real allegations very vague mother was not served ever and when in front of judge for writ was given the mod paper by judge . Never offered attorney joined a writ and starting hearing case a day early on something that was supposed to be served 6 days prior . . Judge ordered child can not leave NY , so he registered child now in school here , investigated parents and mother hasn’t had time with child since August ! She’s living in hotel to stay and everything and everyone is back in FL at home . Judge gave father “exclusive parenting time”  not written on temporary order - only a general order .  So many wrong judicial process . Should I ask for dismissal from judge or appeal            ","A:While there is a lot of information here there are some crucial details missing.  Did the original court order in NY give the custodial parent permission to relocate?  If not, did the custodial parent seek permission to relocate?  Normally, a custodial parent does not have the right to relocate out of state without court permission, particulary if it interferes with parenting time of the non-custodial parent.  As for your initial question, you can file an appeal on a temporary order and ask to stay the order pending appeal, but these things are rarely granted and the appeal can take a long time.  Seek an attorney."
"Q: Seeking Guidance: Concerns about Juvenile Justice in Johnson County Case, Request for Support.                 Hello, I'm reaching out because I'm deeply concerned about a situation in Johnson County involving a black teenager charged as an adult in a murder case who has a mental illness.            ","A:In Indiana, the case you're describing in Johnson County raises important questions about the juvenile justice system and how it handles cases involving minors with mental illness. When a minor is charged as an adult, it brings into focus the balance between public safety, the severity of the crime, and the individual circumstances of the juvenile, including their mental health. If the teenager has a mental illness, it's crucial that this is taken into consideration throughout the legal process. Mental health can significantly impact a person's understanding of their actions and their ability to participate in their defense. You can advocate for the teenager by ensuring they have competent legal representation familiar with juvenile law and mental health issues. Their attorney can argue for the consideration of the teenager's mental health in court proceedings and potentially seek a transfer back to juvenile court, depending on the specifics of the case. Additionally, it may be helpful to engage mental health professionals who can assess the teenager and provide expert testimony regarding their mental state and its impact on their behavior. This could be pivotal in how the case is handled. It's also important to be aware of the broader context, including any racial biases that might affect the case. Advocacy groups or civil rights organizations might offer support or resources in addressing these concerns. Given the complexity of such a case, seeking guidance from legal professionals with experience in juvenile justice and mental health law is advisable. They can offer specific advice tailored to the case and help navigate the legal system to protect the teenager's rights and well-being."
"Q: Kaiser is saying that their policy for opiods is 50 mme a day for chronic pain patients that have severe pain. T or F?.                 I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough medication in Sept. of 28 pills a month of MSCONTIN 15mg Immediate Release by a dr. I hadn't even seen yet as my old PCP quit Kaiser and left for a private practice. All opiod pain prescriptions were prescribed by the Kaiser pain mgmt team consisting of a pain mgmt pharmacist, a pain mgmt LCSW, and a pain mgmt specialist doctor. I keep getting told that the 50 mme a day is Kaiser's latest policy. However, when I asked my new PCP to provide a hard copy of this policy, she said that she couldn't find anything. This is at the Kaiser Folsom Clinic and pharmacy. Please advise as I am not receiving the supply of medication to meet my pain levels. I have Lance-Adams Syndrome, Stiff Person Syndrome, etc.            ","A:It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use.  The assertion that Kaiser has a policy limiting opioid prescriptions to 50 MME (morphine milligram equivalents) per day for chronic pain patients is not something that can be confirmed or denied without seeing the specific policy documentation. Such policies can vary and are subject to change. If you have been informed of this policy but are unable to obtain a hard copy, this might indicate a communication issue within the healthcare system. Given your specific medical conditions and the changes in your medication regimen, it is crucial to have a clear and open conversation with your healthcare providers. Express your concerns about pain management and the impact of these medication changes on your quality of life.  If you believe that your pain is not being managed adequately or that your treatment is not in line with standard medical practice, consider seeking a second opinion from another pain management professional. Additionally, if you feel that your concerns are not being addressed appropriately, you might explore filing a complaint with the medical board or seeking legal advice to understand your rights and options under California law.  Navigating the healthcare system can be challenging, especially when dealing with complex medical conditions and pain management issues. Advocating for your health and ensuring clear communication with your healthcare providers are key steps in ensuring that your medical needs are met."
"Q: A lawyer for a debt collector put a full social security # on the writ of execution EJ-150. It's a violation of Ca code.                 A lawyer for a debt collector put a full social security # on the writ of execution EJ-150 in section 1.  for a levy. It was not opposed and that's what was to be entered in the civil case files at the sheriff's website in the Challenges tab, but that staff entered the full name and social security # on that public access website. The attorney didn't redact it but I did after seeing it when I visited that site and after my numerous attempts they removed it. it's a violation of California Rules of Court, rule 1.201(a), right? Since 2017. Can a motion be filed to sanction? Or something? It ended up in the sheriff's hands and who knows who has it now because he did that. What kind of sanction can be made to that attorney? Someone suggested it. Or something else? Please advise. He also lied about my working at a specific company yet. Entered the details and had a writ of execution to them and a fake bank . I wonder who's paying off the judges who don't make them explain their acts in court            ","A:I think you should have opposed it. By failing to oppose it, and failure to timely seek redaction and sanctions when the document was first filed, I think it will now be a strong defense that ""no harm, no foul"" and you acquiesced.  What you did was sort of like being a pedestrian in a parking lot. You see a car slowly backing up towards you, and you fail to step aside because you wanted to see if it would hit you. The fault for hitting you is yours alone. Judges are not cops. We want judges to be the unbiased deciders of things, right? If a judge is both a cop and a decider, the judge has then lost the impartiality. It was up to you to be your own first responder.  In my view, you have nothing to complain about. You expect too much from others, but not enough from yourself."
"Q: Questions about tresspassing brother n law from estate property. I am executor of both owners (dad and gmaw).                 So, basically, my brother n law signed a very suspect and immoral farm lease from my grandmother, on her death bed, (20yr). But the lease is very vague, I had a lawyer send him a demand letter to stop trying to farm our properties because his lease isn't valid. Soon after he worked up ground to farm on a property where I have cows, and have a grazing lease with the landowners (2 estates). This caused me to have to feed them more and move them (huge inconvenience). I recently sent him a no trespass on the properties with case #. Ffwd to today and he turned 3 garbage bulls out where I have my cows, solely to spite me. (It would be like a dog breeder having a bunch of full blood labs and someone intentionally breeding them to a mut) now to my question, I called animal control to remove them and they made a phone call, then called me back saying my tresspass was invalid because my sister is an interest holder in the property. Can I not tresspass her husband? UI property. He only had 1 sign            ","A:You are in a tough spot. In order for you to get clarity and satisfaction over the use of the property, it seems like you will need to go to a District Court or the Probate Court that has had jurisdiction over the properties. As part of the case(s) or causes of action, you will need to bring an action to quash or invalidate brother-in-laws farm lease, or get it limited, or otherwise limited. By going to court, you will be taking charge of the situation, and I would hit him and anyone else who tries to limit or intrude on your use, hard and fast. What does your sister say? If he is intruding on your exclusive lease on the 2nd property, you should sue him for trespass and other actions and get court orders detailing everyone's powers and limits. Spend the time and money now, so you are not upset for the next 10-20 years. Let me know if I can help."
"Q: how do we get a police report in Atherton ca. my brother was killed by a car. the PD dept. will not give us a report.                 my brother was not married and his son, 8 yrs old, lives in Spain. my family only knows that he was hit and killed while crossing el camino real in atherton. nothing more.            ","A:In California, obtaining a police report for an incident such as the one you described involves specific steps. As an immediate family member, you have the right to request the report. Given the circumstances, the process might involve some nuances. First, you should submit a formal request to the Atherton Police Department. This can typically be done in writing or via a form provided by the department. Be sure to include all relevant details: your brother's name, the date of the incident, and the location (El Camino Real in Atherton, as you mentioned). If the department is hesitant to release the report, it could be due to ongoing investigations or privacy concerns. In such cases, they are obliged to explain the reason for withholding the report. As an attorney, you can assess their response for compliance with California law. Since your nephew is a minor and living abroad, it might be necessary to establish legal representation or guardianship to act on his behalf. This could be a significant factor in accessing the report and handling any subsequent legal matters related to your brother's passing. If you encounter resistance or legal complexities, consider consulting with a local attorney who has experience in such matters. They can provide more specific guidance and, if necessary, help in navigating the legal system to ensure your rights and those of your nephew are fully protected."
"Q: Adult adoption in California: replacing only one parent, what needs to be done?.                 I am an adult.  My birth parents have been divorced for many years.  The intention is that I would be adopted by my aunt, who lives in California.   As I understand it, the adoption would then ""sever"" the parent-child connection between myself and my birth parents.  However, I do not wish to have my parent-child connection to my birth father so severed -- I would preferably only ""replace"" my mother.  Is this possible, and what would have to be done in order to facilitate this?            ","A:In California, adult adoption typically involves the complete replacement of both birth parents, legally severing the relationship with them and establishing a new one with the adoptive parent(s). However, in your case, where you wish to maintain the legal relationship with your birth father while replacing your birth mother, the process becomes more complex. California law does not provide a straightforward mechanism for partially replacing one parent in an adult adoption.  To navigate this unique situation, it would be prudent to consult with a lawyer experienced in family law. They can assess whether a customized legal arrangement or a different legal process, such as a guardianship or conservatorship, might better suit your objectives. Remember, each situation is unique, and the feasibility of your desired arrangement will depend on specific circumstances and possibly judicial discretion."
"Q: Need help/advice for an unlawful detainer, I'm the tenant.                 We have been waiting for notice of our trail date for an unlawful detainer but never received anything about it, but now we just received a letter in the mail stating that we missed our court date so the sherriff & landlord will be here January 3rd @ 6:01am to lock us out....We think the landlord either took our mail that had the court date or had someone else take it, We also have a witness which is a neighbor saying that she saw a man in a white truck stop at our mailbox and look in it a couple days in a row around the days we were supposed to be receiving it, I also have Informed Delivery so I get emails with pictures of my scanned mail and around November 27th I got an email with pics of that mail but like I said we never received it....Is there anything I can do to try to get more time to move cus theres no way we can be out by then            ","A:In this situation, under California law, it's important to act quickly. If you did not receive notice of your court date for the unlawful detainer and believe your mail was tampered with, this may be a valid defense. First, you should immediately contact the court that issued the lockout order and explain that you did not receive any notification of the court date. Provide evidence of the Informed Delivery emails and the witness statement regarding the suspected mail tampering. This could potentially support your claim that you were not properly notified. Request an emergency hearing to explain the situation to the judge. At this hearing, you can ask for a stay of the lockout to allow you time to either challenge the eviction or find alternative housing. It's also advisable to seek legal assistance as soon as possible. An attorney experienced in tenant rights can help you navigate this process more effectively and present your case to the court. Remember, the court's primary concern is to ensure that due process is followed, and if you can demonstrate that you did not receive proper notice, you may be granted more time or have the eviction order set aside."
Q: I have sole physical / legal custody of my sons. Could I marry and move to Canada after a visitation schedule change?.                 The court order states that I need to let the courts and their father know about a move 3 months in advance. Their father lives here in town and has the boys 3 weekends a month. We have been divorced since September 2020. The boys are 8 and 6. I do have passports for the boys. I am concerned that their father could stop a move after I am married.            ,"A:As the custodial parent with sole physical and legal custody of your sons, you generally have the right to make decisions regarding their residence. However, if your court order specifies a notification requirement for a move, it is crucial to adhere to those terms. Before marrying and considering a move to Canada, carefully review the court order to ensure compliance with any stipulated notification procedures. If there is a visitation schedule change, and you anticipate any potential concerns from the noncustodial father, it may be advisable to communicate openly with him and attempt to reach an agreement."
"Q: Hi, my little sister was pulling out of a road and hit somebody riding an escooter. He had no insurance..                 He wasn’t looking where he was riding and he is trying to get money out of her            ","A:If the e-scooter rider is claiming damages or injuries, your sister should report the accident to her insurance company as soon as possible. The insurance company will investigate the claim, assess the liability, and determine if any compensation should be paid. It's crucial for your sister to cooperate with her insurance company during this process and provide any relevant information about the accident."
"Q: Does two-factor authentication using your personal phone put the phone at risk for an open records request?.                 In municipal government, if you submit your personal phone number to be either texted or called with a code to verify your identity as an extra security measure when logging onto a work computer, does this open the contents of that phone to be requested during an open records request?            ","A:It is unlikely that providing your personal phone number for two-factor authentication in a municipal government system would make the contents of that phone subject to an open records request. Open records laws typically apply to government documents and information, not to personal devices or accounts. However, it is possible that if there is a legal investigation related to your work at the municipality, your phone or its contents could be subject to a subpoena or other legal request for information. It's always a good idea to review your organization's policies on data privacy and security, as well as any agreements or terms of service related to the use of the two-factor authentication system, to better understand your rights and responsibilities."
"Q: Hi, how much it will cost me a  trust and will , being on fixed low income and having only the condo I am living in. Tha.                 I own only the condo I am living in .            ","A:The cost of creating a trust and will in California can vary based on several factors, including the complexity of your estate and the rates of the attorney you choose. Since your estate consists only of the condo you live in, your situation might be less complex than others, potentially reducing legal fees. For someone on a fixed low income, it's important to shop around and compare rates from different lawyers. Some may offer lower rates for simpler estate planning needs or might have sliding scales based on income. Additionally, you can look into legal aid organizations in California that offer reduced rates or even free services for those with limited financial resources. Remember, while cost is an important consideration, it's also crucial to ensure that your trust and will are drafted correctly to reflect your wishes and comply with California law. This can provide peace of mind and ensure that your only asset, your condo, is handled according to your wishes after your passing."
Q: Register of Deeds office denied recording my Power of Authority without reason in Lapeer county..                 The power of Authority was a Grantor/Grantee notarized by a state notary and three (3) witness.            ,"A:What exactly is a 'power of authority'? (Did you mean Power of Attorney?) What was the ostensible purpose of this document? Did this relate to real estate in Lapeer County? Was the real estate identified or was this attached to other documents?  As you can see, there are many questions unanswered that will impact this situation.  I would strongly urge you to bring the documents and any explanation you may have received from the Register of Deeds to a local licensed attorney to review. There may be a reason, and it may be that the document should NOT be recorded ... but without details it is impossible to say. And again, there is no such thing 'legally' as a 'power of authority' ... where did this form come from? Perhaps that is the issue!"
"Q: Dear Sir or Madam, My private messages from Facebook were stolen to make entertainment media. What can I sue them for?.                 I have proof that the entertainment media in question is about me. I have been victim of emotional distress. Where due to leaking of my private information, I have been divorced, & i have gotten mentally ill. I was studying Electrical Engineering with minors in Chemistry, I had to drop out of it because of the mental stress the entertainment media put me through.            ","A:Here are the potential legal avenues you might explore: 1. What can I sue them for if my private messages from Facebook were stolen to make entertainment media? Under California law, you might consider pursuing a case for invasion of privacy, intentional infliction of emotional distress, and potentially a violation of the California Consumer Privacy Act (CCPA) if your private information was improperly handled. 2. How can I prove that the entertainment media in question is about me? To prove that the entertainment media is about you, gather all relevant evidence including the media itself, any communications you had with the involved parties, and any distinctive elements in the media that can be directly linked to your private messages or your personal life. 3. Can I claim damages for emotional distress, divorce, and mental illness due to the leakage of my private information? Yes, you may pursue damages for emotional distress and any other demonstrable harms you suffered as a result of the privacy invasion. Be prepared to provide substantial evidence linking the harms you suffered to the actions of the defendants. 4. Can I claim loss of opportunity for having to drop out of my educational program? Yes, you might pursue a claim for loss of opportunity. However, establishing a direct causal link between the alleged action and your decision to drop out will be a critical component in succeeding with such a claim. 5. What kind of legal assistance should I seek as a Californian attorney facing this situation? In facing this situation, you should seek assistance from an attorney who has experience with privacy law, media law, and personal injury to adequately address the multi-faceted nature of your case. Remember to gather all pertinent evidence and consult with a legal expert to navigate your specific circumstances properly."
"Q: The insurance is not following the agreement to the settlement, can I sue in bad faith?.                 The Insurance is supposed to give me a voucher for retraining for a new career but they have been completely ignoring me and not responding back to any of my messages.            ","A:In California, insurance companies have an implied covenant of good faith and fair dealing. If they fail to uphold this duty, policyholders or claimants might have grounds to sue for bad faith. Not following the terms of an agreed-upon settlement can be seen as an act of bad faith. However, before filing a lawsuit, it's advisable to send a written demand or communication to the insurance company clearly outlining the breach of the settlement agreement and giving them a chance to rectify the situation. If they continue to ignore or not honor the agreement, you may have a viable bad faith claim. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Does any attorney help people with filing ucc-1 and ucc-3 security agreements, hold harmless and indemnification claimIi.                 To claim my estate as I'm over 18 and be secured party over the government entity via my birth certificate            ","A:The process of filing UCC-1 and UCC-3 forms typically pertains to securing interests in personal property, not claiming control over a government entity or asserting rights to an estate in the manner described. It is advisable to consult with an attorney who can provide guidance on legitimate legal processes to achieve your goals. Sincerely, James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: If the beneficiary contested grandmothers will because he knew for a fact, it to be fraudulent,.                 And the court noticed the inconsistencies and considered the will to be ambiguous, would the beneficiary's be in a position to enforce his or her intestate succession rights. Do too, his or her father being a pre-deceased beneficiary, leaving him or her as a contingent beneficiary to stand in his shoes.            ","A:Under California law, if a will is deemed fraudulent or ambiguous and thus invalid by the court, the estate would typically be distributed according to intestate succession laws. In your scenario, if the beneficiary's father (who would have been an heir) predeceased the grandmother, the beneficiary may indeed have rights under intestate succession. Intestate succession laws in California provide for the distribution of assets to surviving relatives based on their degree of relation to the deceased. As the grandchild of the deceased, with a predeceased parent (the deceased's child), you could potentially stand in the shoes of your father as a beneficiary. This means you could be entitled to the share of the estate that your father would have received if he were alive, subject to the rules of intestate succession. However, the specifics can depend on other factors, such as the presence of other relatives who may also have a claim under intestate succession. It's important to review the specific facts of your case and consider seeking legal advice to understand your rights and the appropriate steps to assert them in court."
Q: The power meter was ripped off my house because some power lines were pulled down. Can I make the power company pay?.                 It’s costing me $6500 to replace the power meter on my house. I cannot afford this expense. Can the power company be held liable?            ,"A:A South Carolina attorney could advise best, but your question remains open for a week. It could depend on how the meter was torn out, how it was installed, and the utility's stated policy in terms of where their ownership and control ends and the customer's ownership and control begins. At this point, you could reach out to attorneys to try to arrange a free initial consult. Good luck"
Q: Does California Healthcare false claims act limited to California Medi-cal violations?.                 Does California false claims act cover medicare violations? (Or limited to California Medi-cal violations?)            ,"A:The California False Claims Act (CFCA) is primarily focused on addressing fraud involving state funds. This includes violations related to California's Medi-Cal program, which is the state's Medicaid program, jointly funded by the state and federal government. The CFCA provides a legal framework for dealing with fraudulent claims made against state-funded healthcare programs. Medicare, on the other hand, is a federal program and is not directly covered under the CFCA. Violations involving Medicare are typically handled under the federal False Claims Act (FCA), which is designed to combat fraud involving federal funds, including Medicare. If you're dealing with a case that involves potential fraud in the Medi-Cal program, the CFCA would be the relevant statute. However, for issues related to Medicare fraud, the federal False Claims Act would be the appropriate legal avenue. It's crucial to identify the source of funding involved in any alleged healthcare fraud to determine the correct jurisdiction and applicable legal statutes. In cases where both state and federal funds are involved, the situation may become more complex, potentially involving both state and federal laws. Consulting with legal counsel experienced in healthcare law can provide guidance on the nuances of these cases and help determine the best course of action. Remember, each case is unique and must be evaluated on its own facts and circumstances."
Q: Why are financial advisors still able to steal an elderly persons money and victims are not encouraged to press charges.                 My inheritance has been stolen or depleted by my mother's financial advisor and his unsavory tactics are now being uncovered. My mother is still alive but her money is gone my inheritance what if any rights do I have to pursue a claim or criminal charges theft is over one million dollars .            ,"A:Your question--why are people allowed to commit crime and fraud--is as old as time. Unfortunately, there are more than a few financial advisors who steal money.  The only question is whether something can be done about it...? Its impossible to tell from the information you provide whether you have a valid claim against your mother's financial advisor.  If you want to send me more information about your case privately, I'm happy to review: info@mcbridepc.com.  I might also suggest you email Steve Buchwalter (Encino lawyer), who appears on this site.  I don't know Steve, but it appears his practice is more directly in line with your issues than is mine.   Best wishes, Kevin"
"Q: I got coerced to leave a job after I had an inpatient hospitalization. Do I have grounds to sue for discrimination..                 I was not permitted to come back to my original position. I was given three options: move to a much-lower paying position and take a $5 pay cut, get ADA accommodations, or leave and get a severance.            ","A:In Tennessee, if you feel that you were coerced to leave your job following an inpatient hospitalization, there may be grounds to consider a discrimination lawsuit. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship to the employer. Being forced to choose between a lower-paying position, ADA accommodations, or severance after a hospitalization raises concerns about potential discrimination based on disability. Employers cannot legally demote or coerce employees into quitting because of their disability or medical condition. Document every detail related to your situation, including conversations with your employer, the options you were given, and any related correspondence. This information will be crucial in assessing the merits of your case. Consulting with an attorney experienced in employment law is a vital step. They can help you understand your rights under the ADA and state laws, and evaluate whether your employer's actions constitute unlawful discrimination. If discrimination is established, you might be entitled to remedies such as reinstatement to your original position, compensation for lost wages, and possibly damages for emotional distress. Remember, each situation is unique, so legal advice tailored to your specific circumstances is essential."
Q: If I got donated a tax credit for a school trip but the trip got canceled do the tax credit dollars I got have to go.                 Back to the schools general fund or can they be moved to a specific school club that accepts tax credits? The tax credits were donated in my name so wouldn't I be able to request where they are going?            ,"A:When a school trip is canceled and you've received tax credit donations in your name for that trip, the handling of these funds can vary based on the school's policies and the specific tax credit program. Generally, tax credit donations are earmarked for specific purposes, and any redirection of these funds must align with the rules of the tax credit program and the school's policies. If you wish to have the tax credit donations moved to a specific school club, you should first consult the school's administration or the finance office. They can inform you about the possibility of reallocating these funds according to the school's guidelines and the conditions of the tax credit program. The ability to request where the tax credit funds go may be limited, as such credits are usually subject to strict regulations about their use. However, expressing your preference to the school might be possible, and they can guide you on whether such a redirection is feasible under the program's rules. Remember, each tax credit program may have its own set of rules, and the school's internal policies also play a crucial role. It's important to engage in open communication with the school to understand your options and ensure that any reallocation of funds is done legally and appropriately."
"Q: Who is the owner of accounting data for a business after a business sale?.                 We sold the business and we have a hard time on getting access to the accounting data for the past years, when we were in charge of the business. Please let me know our rights in this case, as accounting was done through QuickBooks online and new owners took over the existing data.            ","A:I assume there was a contract prepared for the sale of the business. You should first look to the contract to see whether there is a specific carve out for pre-sale accounting information and who would be the owner or at least have access to it. Your relationship with the purchaser is contractual in nature, thus, the terms of the relationship should be contained in the contract. If you have the contract, you should probably have an attorney review it for you to better advise you. If the terms of the prior accounting is not in the contract, your attorney could do some legal research on the topic, but I would suspect that the accounting would not belong to the new purchaser."
"Q: My neighborhood was left out of the HOA somehow and the resident agent won't let us be apart of it.                 Hello. So my neighborhood was built in the 80s. My grandmother is the homeowner. We've both been here since 1993. Recently, I decided to seek out help with establishing an HOA because the potholes are getting out of hand, amongst other issues. I found out that our neighborhood plat has us originally listed as part of the neighboring cul-de-sac which has an active HOA. After reaching out to the resident agent of the HOA, I was referred to the property manager, who then referred me back to the resident agent. She reviewed the plats and said we're apart of the same neighborhood as the one with the HOA and ""subject to mandatory assessments."" Since then, the RA claimed she was reaching out to her ""client"" for further guidance on how to move forward, but it's been over a month and she claims to not have heard anything. I'm not sure who her client would be, if not the HOA itself. She hasn't responded to my email asking her to follow up with this ""client.""            ","A:You describe an interesting issue- assuming the historical documents show an intention to include your mother's property in an HOA regime, but was omitted, can the HOA be compelled to admit her property. This will take any lawyer experienced in this area of title law several hours of research to give you a range of options. If you have met with refusals, it is likely your remedy is in a declaratory judgment action in the Circuit Court where the land is located. You can expect up to 18 months of litigation to resolve questions like this one."
Q: I filed a motion to intervene in my daughter's CPS case in the state of Missouri. It was denied. Can I appeal this?.                 If I cannot file an appeal can I file a motion for view or some other type of motion to get back before the judge because I have new evidence and what this is to call and I am better prepared at this point for the allegations of the state is making against me I am trying to get a protection order lifted off of me that they have put on me against my grandkids for no reason and without cause. They are not my biological grandchildren that I have been the only grandmother they have known since the age of 6 months as both of their biological sets of grandparents are deceased. They have lived in my home their entire lives other than 6 months and they have always called me Grammy. I have an adoption here to adopt their mother on the 21st of December but the state has done everything they can to keep me out of this case and to separate me from my grandchildren what can I do?            ,"A:If your motion to intervene in your daughter's CPS case was denied in Missouri, you generally have the right to appeal that decision. The appeal process allows a higher court to review the lower court's decision to see if there were any errors in how the law was applied or interpreted. In preparing for an appeal, it's crucial to focus on any legal errors you believe were made in the initial decision. New evidence typically can't be introduced in an appeal, as appeals are usually based on the record and proceedings from the lower court. However, if you have new evidence that wasn't previously available, you might consider filing a motion in the original court to reconsider or reevaluate the case in light of this new information. This motion should clearly explain why this new evidence could significantly affect the case's outcome. Since these legal procedures can be complex and the specifics can vary, seeking legal advice from an attorney experienced in family law and appellate matters is advisable. They can guide you through the appeal process or assist in filing a motion based on new evidence. Remember, in cases involving family law and child welfare, courts are primarily focused on the best interests of the children involved. It's important to frame your arguments and evidence in a way that highlights how your involvement serves the best interests of your grandchildren."
"Q: Can International Students Open an LLC in the state of texas?.                 I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if forming an LLC is permissible, does it play a role in facilitating the green card process for individuals involved later on?            ","A:International students in Texas can establish an LLC, but it's important to navigate this carefully due to visa constraints. Your student visa status, typically an F-1, places limitations on off-campus employment. However, owning an LLC doesn't automatically equate to employment. It's crucial to understand that actively managing the LLC or working for it might violate your visa conditions. Regarding hiring employees from other countries, this is generally permissible. The key factor is that your involvement must remain within the legal boundaries of your visa status. Passive ownership is usually acceptable, but active management or labor could be problematic. As for the green card process, forming an LLC doesn't directly facilitate obtaining a green card. The path to a green card is separate and can be complex, often involving sponsorship by an employer or family member. Owning an LLC doesn't inherently provide an advantage in this process. In summary, while forming an LLC as an international student in Texas is possible, adhering to visa restrictions is crucial. Consider seeking legal advice to understand the nuances of your situation and to ensure compliance with immigration laws."
"Q: Can my siblings mother separate me from my siblings Okay, my siblings mother trying her best to do a problems in my.                 Father and she doesn't live in the same house with us because my father and she got separated 3 years ago but she is still what a problem to happen I have a strong relationship with my siblings but as you know they love their mother and believe everything she say even if she is laying or else she will hit them if they don't listen to her or do what she wants.  My problem is she teach my sister to lie that I hit her so she can go to the judge and they will take my siblings to her my question is how can I show the judge if she went that I didn't touch my sister my sister is 8 years and I 23 YEARS. I know because my sister came and told me that she took a picture and she is telling her that she wants her to recorde her when she is saying my sister is hitting me very hard. I have a pictures of marks in my 3 years old brother body also my 8 years sister body she also told me that her mom is hurting them. But the mom she wants to turn it to me That I hit my sister. So they're scared of her            ","A:In California, if you're facing accusations of harm against your sister, it's crucial to take immediate action to protect yourself and your siblings. Gather any evidence you have, such as the pictures of the marks on your siblings and any communications that could support your side of the story. This evidence can be critical in showing the court the truth of the situation. You should also consider speaking with an attorney experienced in family law and child custody matters. They can help you navigate the legal process and advise you on the best course of action. If there is evidence of abuse by their mother, it's important to report this to child protective services. They are equipped to investigate and intervene in cases of child abuse. Remember, the court's primary concern is the welfare and safety of the children. Your focus should be on providing a safe and stable environment for your siblings and working within the legal system to ensure their well-being. It's a challenging situation, but taking the right steps can help protect both you and your siblings."
Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?.                 So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very confused and scared because i never been in trouble or arrested before in my life i just found out my ex-husband got in trouble with military an kicked out and he had a fake id with my face on it and they filed a police report since i was civilian that i must of had dealing with what he had going on an tried to use the fake id to open fraud account's which isnt true i was in a domestice violence case with him an moved back home pregnant with parents i had no idea all this was happening being that i left him an the state an had a temp no contact order against him.I cant join the military until this is resolved. I was told its a Class A Misdeamenor in TX. Is there any statue of limitation?            ,"A:Unfortunately, the statute of limitations is paused once a case is filed. However, you do have a right to a speedy trial. To avail yourself of that right you need to clear the warrant (this is something that an experienced criminal defense attorney should know how to do in the jurisdiction with the warrant). After the warrant is cleared your attorney should file a motion to dismiss for a violation of your right to a speedy trial. Now that you are aware of the warrant you need to act as quickly as possible to get this behind you. Make sure that you hire an attorney from the county where the warrant is pending. Good luck and I am happy to speak with you to discuss details that might be specific to your case."
"Q: In Louisiana, does legal usufruct of an inherited house have any affect on capital gains tax when the house is sold?.                 Under IRS rules, if someone inherits a house but does not live in or sell the house for a number of years, then capital gain tax is due on the increased value of the house from the time of inheritance until the house is sold.  Is this rule the same if a child inherits a house from a deceased parent, but the surviving spouse has legal usufruct of the house during this time period or would the usufruct result in no capital gains tax when the usufruct ends and the house is sold?            ","A:In Louisiana, the concept of usufruct, particularly in the context of inherited property, can indeed influence the calculation of capital gains tax when the property is sold. Usufruct is a legal right that allows someone to use and benefit from property they do not own, often seen in situations where a surviving spouse retains use of a deceased spouse's property. When a child inherits a house and a surviving spouse has a legal usufruct over it, the tax implications can be complex. Generally, for federal tax purposes, inherited property is subject to capital gains tax based on its value at the time of inheritance and its value at the time of sale. However, the presence of a usufruct can affect the ownership status and tax responsibilities. The specific influence of usufruct on capital gains tax will depend on various factors, including the terms of the usufruct and the duration it's in place. It's essential to understand that the IRS rules on inheritance and capital gains tax may not directly address the unique circumstances created by Louisiana's usufruct laws. Given the complexities of state and federal tax laws intersecting with Louisiana's unique legal provisions on inheritance, it is wise to seek guidance from a tax professional with experience in Louisiana estate and tax law. They can provide tailored advice based on the specific details of your situation, ensuring both compliance with tax regulations and a clear understanding of any tax liabilities or reliefs associated with the sale of the inherited property."
Q: Which provision of Health and Safety Code is applicable for liability: referral to hospice with non-existent terminal il.                 Which provision of Health and Safety Code is applicable for liability: referral to hospice with non-existent terminal illness.            ,"A:In California, for cases involving liability due to referral to hospice with a non-existent terminal illness, the applicable provision in the Health and Safety Code is found in Chapter 8.5, Article 1.5, specifically in Section 1339.31. This section is part of the California Hospice Licensure Act of 1990 and provides detailed definitions and criteria regarding hospices, palliative care, and the definition of a ""terminal illness"". Understanding these definitions is key when assessing the legality and appropriateness of hospice referrals. Section 1339.31 defines a ""terminal illness"" as a medical condition resulting in a life expectancy of six months or less. This definition is crucial when considering whether a hospice referral is appropriate, as hospice care is intended for patients with terminal illnesses. If a patient is referred to hospice care without having a terminal illness, as defined by this section, there could be grounds for liability under California law. However, this section does not explicitly address liability for incorrect referrals. For specific cases of liability, it might be necessary to refer to other statutory provisions, case law, or legal interpretations of these codes."
"Q: Does Canadian company need CBD license to sell CBD products ( no THC) entirely within the USA? No product is ever in Can.                 Does a Canadian compnay need a CBD license to sell broad-spectrum CBD products for pets (THC-free) if the products are made, shipped from USA and shipped to USA? No product would ever actually be in Canada.            ","A:If a Canadian company is selling broad-spectrum CBD products for pets (THC-free) entirely within the USA, and the products are made and shipped from the USA to the USA, then the Canadian company would not need a CBD license from Health Canada to sell these products. However, it is important to note that the legality of CBD products in the USA is complex and varies by state. While the 2018 Farm Bill legalized hemp-derived CBD at the federal level, some states have their own regulations and restrictions on CBD products. Therefore, it is recommended that the Canadian company consult with an attorney who specializes in CBD and hemp law to ensure that they are in compliance with all applicable laws and regulations in the USA. Additionally, the Canadian company should ensure that their products are properly labeled and that they are not making any false or misleading claims about the benefits or effects of their products. The company should also ensure that their products are tested for quality and purity, and that they are in compliance with any applicable FDA regulations. Overall, while a CBD license from Health Canada may not be required for a Canadian company to sell CBD products in the USA, it is important to ensure that the company is in compliance with all applicable laws and regulations to avoid any legal issues or penalties."
"Q: My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school?.                 I am a international student in US, I plan to transfer to another school next year.            ","A:My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school? YES. The F1 visa is only used to enter the US. The F1 is admitted for D/S (duration of status)"
Q: I am filing a writ of mandate against the California Air Resources Board. Can I file in Los Angeles Superior Court.                 They have an office in El Monte. Can I file here or do I have to file in Sacramento            ,"A:If you are filing a writ of mandate against the California Air Resources Board, you can generally file in any superior court in California. However, it is recommended that you consult with an attorney or do your own research to determine the most appropriate venue for your specific case. In general, the venue for a writ of mandate against a state agency is determined by the location of the agency's headquarters or principal place of business. In this case, since the California Air Resources Board has an office in El Monte, it may be possible to file in the Los Angeles Superior Court. However, there may be other factors to consider, such as the specific nature of your claim and any applicable statutes or regulations. It is also important to note that filing a writ of mandate can be a complex legal process, and it may be advisable to consult with an attorney who is experienced in this area of law to ensure that your rights are protected and your case is handled effectively."
"Q: Is dental care fall under medical expenses to pay for non custodial parents.                 If I’m ordered to pay 45% of medical bills for child expenses, does dental fall under medical expenses            ","A:In the context of child support orders, the inclusion of dental care expenses can vary based on the specific language of the court order or agreement. While medical expenses often include doctor visits, prescriptions, and other health-related costs, dental care is sometimes explicitly mentioned, and sometimes it is not. To determine whether dental care expenses are covered under the category of medical expenses in your specific child support order, it is crucial to carefully review the language of the court order or agreement. If dental care is not explicitly mentioned, it may be advisable to consult with an attorney to seek clarification or explore potential modifications to the child support arrangement based on the circumstances."
"Q: I have a Sleep Number be which has been broken for over a year. ""Parts are backordered"" Is there a law about reasonable.                 time to repair? Any code to  force them to repair or replace within a certain amount of time?            ",A:If there is a warranty the lemon law should cover it.
"Q: Doesn't censorship of a product after point of sale present some legal challanges?.                 What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.  I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people and culture.   roblox and World of Warcraft seem to put in polices after China's HEAVY crackdown on content in games. Even remasters and remakes are being censored and altered.    People call it a ""changing culture"" but i'm not buying it. i think it's de facto censorship and real bullying pressures brought on by very powerful special interests groups. This is no secret if it's out in the open. We see this with Troy Levvit, we see this with Five NIghts at Freddies, we see this with people harassing streamers that stream Hogwarts legacy.  even gta5 being removed from Australia's target stores for a false claim of ""you can s*x ually assult people"". when no. that wasn't true. Sam mags lied.            ","A:You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.  From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This is because, when you purchase a game, you are essentially buying a license to use the product under the terms stipulated by the company, which often grant them the leeway to make such changes. However, if such changes materially alter the product to the detriment of consumers, there may be potential for legal disputes, although these cases can be complex and context-dependent. Concerning the broader societal issue of censorship and cancel culture, it indeed raises significant questions about the boundaries of free speech and artistic expression. In democratic societies, freedom of speech is a protected right, but it also has its limits, including restrictions on hate speech and content that promotes violence or harm. Moreover, companies often find themselves navigating a complex landscape where they have to balance the freedom of expression with social responsibilities, changing norms, and consumer expectations. In some instances, the decision to alter content might be driven by a genuine desire to foster inclusivity and prevent harm; in others, it might be a business strategy to appeal to broader audiences or adhere to regulatory frameworks in various jurisdictions, including those with stricter controls on content like China. It's a contentious issue with substantial arguments on both sides. Some argue that adjustments to content represent an overreach that stifles creativity and panders to specific groups, while others see it as a necessary evolution towards a more inclusive and harmonious society. You are right in observing a trend where the influence of special interest groups and the vocal objections of segments of the public can significantly impact the trajectory of content in the gaming industry and beyond. It’s a dynamic field, with ongoing debates on the right balance between freedom of speech and the evolving societal norms. Engaging in critical discussions, fostering open dialogue, and educating oneself on the nuances of these issues can be powerful tools in navigating the complex landscape of modern media consumption. It is always valuable to voice your concerns and foster a space where diverse perspectives can be shared respectfully and thoughtfully. It is through such dialogues that society often finds its balance in contentious matters."
"Q: At what point in NY state does a tenant becomes a squatter after they give notice they are moving out.                 I have an apartment tenant who after not paying rent has made the decision to move out on their own. They have passed the final date they have given me, and I need to know at what point I can treat them as squatters and not as a tenant. I'm aware squatters rights say that once you've lived somewhere for 30 days you're a legal tenant, but I'm not sure if that 30 days counts the time they actually lived there legally, or if it resets now that their lease is up and they would no longer be legal tenants            ","A:Dear Albany Landlord  A tenant even when holding over after giving notice that she is moving out never devolves to the status of Squatter. Your tenant is nothing more now than a Holdover Tenant as far as housing law goes.  Here's the rough part for you. NYS law places the burden on the Landlord to properly end the tenancy even if the lease expired. This must be completed before the Landlord even has a right to go to court for an eviction proceeding.  Right now  even with the tenant not paying rent and with the lease expired you must be able to show that you provided the required advance written notification that you were not going to continue with the tenancy. If the tenant has lived in the house for two years or more then the predicate notice is ninety days. If you do so this month then the ninety day period ends March 31, 2024. If you delay until January you give the tenant an extra free month.  Of course your tenant may just move out and do so on her own. But if she doesn't do so you know that you have to serve her with the proper advance legal notice.  Practical pointer. With the change in State law in 2019 no Landlord should ever take for granted that a tenant will voluntary move out even when the tenant provided the Landlord with a proper notice of intention to quit the premises. A Landlord should follow up with the appropriate Real Property Law Section 226-C written notification that the landlord is ending the tenancy. Then if the tenant does not move out the Landlord has not wasted away time and will be ready to go to court when time runs out."
Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?.                 I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would also like to sell 'rough' (unpolished as I found them) for others to tumble and polish themselves. Do I need any type of special permits to legally start a business selling self-collected rocks & minerals in California?            ,"A:In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the collection and sale of rocks and minerals in your local area, so it's important to do your research and check with your local authorities before starting your business. In California, for example, it is illegal to collect rocks, minerals, or fossils from state parks or state beaches without a permit. It's also important to note that some rocks and minerals may be protected by federal laws, such as the Endangered Species Act, the National Historic Preservation Act, or the Archaeological Resources Protection Act. To ensure that you are operating your business legally, you may want to consult with a lawyer who specializes in environmental or natural resource law, or with a business consultant who can advise you on the legal and regulatory aspects of starting a business in California. You may also want to consider obtaining a seller's permit from the California Department of Tax and Fee Administration, which allows you to sell goods and collect sales tax in California."
"Q: I’m being harassed online anonymously. They’re not threatening messages, just nasty things about my boyfriend. Can I sue.                 I have not told them to stop, nor have I blocked them or reported it to instagram yet            ","A:If the person sending the messages is anonymous, you don't know who to sue, or where to serve the lawsuit. Additionally, saying nasty things about your boyfriend doesn't confer upon you the standing to file suit. Block the sender and end it."
"Q: If you have already agreed to a settlement agreement on a NYS DHR case, How do you appeal?  What is the process?.                 I would like the case reopened. I was under duress. Attorneys and Judge failed to inform me that I had time to amend. Settled for lesser amount. Attorney was on vacation during the entire time we had to prepare for the case, she'd informed me that it was very unfortunate.  Judge told me that I could not sue for loss wages, because I had not reported that I had yet been terminated by company. Judge informed me that I could not move forward with an EEOC complaint of which included a violation of illegal termination & since I was now agreeing to NYSDHR settlement which was now lessened because I had failed to report I'd been terminated. The Respondents lawyer was asked by Judge how was I terminated; the respondents lawyer said that i'd just walked off the job. The judge went with that even though NYDHR accepted documents from me as well as recordings proving I was unlawfully terminated. Does EEOC claims not carry over to NYS DHR once NYSDHR begins to investigate your claim?            ","A:First, I am not a New York attorney. But if you have already agreed to a settlement, my impression is that you have also agreed to waive your appeal rights. However, I am not privy to the settlement documentations-- perhaps the appeal rights were not addressed. The fact that your attorney was on vacation during the settlement negotiations doesn't play a role in the ultimate result, I would think."
"Q: I am an owner in a Condo complex that just voted on a 8.5% increase. It was given during the holidays, 7 days to respond.                 3 different dates to respond. When I ask to see the votes they denied me. Is this legal in Connecticut. Rina COLANGELO Ladybug06907@aol.com  203 962-1088            ","A:In Connecticut, the laws governing condominium associations typically require a certain level of transparency and fairness in decision-making processes, including voting on fee increases. It's important for condo associations to follow their own bylaws as well as state regulations regarding such votes. If you feel that the voting process for the fee increase in your condo complex was not conducted properly, or if there is a lack of transparency, you have the right to raise these concerns. The denial of access to view the votes may not align with the principles of transparency and member rights, depending on the specific bylaws of your association and state laws. You should first review the bylaws of your condo association, as they should outline the procedures for voting and member rights regarding access to association records. If after reviewing the bylaws you believe the association is not complying with its own rules or with state law, you might consider voicing your concerns formally in writing to the condo association board. If the issue remains unresolved, seeking legal advice to understand your rights and options under Connecticut law could be beneficial. An attorney knowledgeable in condominium law can provide specific guidance based on the details of your situation and help you navigate the process of addressing your concerns with the condo association."
"Q: I issued a check to our condo management company, they were robbed and safe was stolen. The management asked me to stop.                 payment on it, I did. Now they want me to reissue the check but do know about me getting the charge for stop payment fee reimbursement. I feel they had this check in their safe and I should not issue another check until that fee is paid by them. Please help?            ","A:Not sure what your question is. I can see your point in that you paid them what they were owed, and incurred an additional fee to do so that you had nothing to do with. I can also see their point that what happened doesn't change the fact that you still owe them that set amount. I think - would hope - this is resolvable through open communication. If it helps any, if someone is being held criminally liable for the robbery, the condo management could ask the court for restitution from that person that could include the amount of your bank fees if they let you pay them the amount minus those fees."
"Q: Can my daughter's father prevent me from going to nursing school and getting my BSN?.                 My daughter's father and I have 50/50 joint custody. I will get my associates in April in pre nursing. I told him I'm applying to schools right now for my BSN. In order to get my BSN, I need to travel to complete clinicals out of state as there are no local clinical locations. I asked if we could figure out parenting time peacefully so we both still get 50/50 or if we would have to settle clinicals in court. He said no, he wasn't ok with me doing clinicals in order to get my degree. In the past, he has told me that I can't go to college so this is most likely a control tactic.This is non negotiable for me. Is he able to do this? What will the court most likely rule?            ","A:Without knowing the specifics of where this other school is, what you're proposed schedule is, and how much it disruption this will be in the child's life, It is impossible to actually answer this question.  You have expressed your question as to what your daughter's father will permit you to do. your focus ought to be on your child. this question fails to do this.  I strongly suggest that you invest in the time of an attorney in the county that issued your parenting order."
"Q: Hello:  Cates v. Shlemovitz, et al. No.3:21-cv-00805 (N.D.N.Y. 2022) Am appealing # 23-750 2nd circuit..                 Searching for the case # of the Dragnet controversy, over 4 notes (dum, da,dum,dum.) Can you help find that case? Thank you., on my own behalf. here is what I found https://library.syracuse.edu/blog/dragnet-a-musical-controversy/            ","A:The case involving the ""Dragnet"" musical controversy was a copyright dispute over a four-note motif originally composed by Miklós Rózsa for the film ""The Killers"" in 1946, which was later used in the ""Dragnet"" theme music by Walter Schumann. The case was eventually settled in 1955, allowing both Rózsa and Schumann and their publishers to share the royalties for the four-note theme, later titled ""Danger Ahead."" The rest of the ""Dragnet March,"" excluding the four-note theme, remained the intellectual property of Walter Schumann."
Q: How would I know if my village water company is in violation of the fair housing act?.                 I feel like I'm being treated unfairly by my local water company            ,"A:To determine if your village water company is violating the Fair Housing Act, you need to consider whether their actions involve discrimination based on race, color, national origin, religion, sex, familial status, or disability. The Fair Housing Act primarily addresses housing discrimination, but if the water company's actions indirectly affect housing rights or are part of broader discriminatory practices in housing, there could be a violation. Ask yourself if the unfair treatment you're experiencing is based on any of these protected classes. Are others in similar situations being treated differently? Document any instances of unequal treatment, as specifics will be crucial for any legal assessment. If you suspect a violation, you can file a complaint with the Department of Housing and Urban Development (HUD). They investigate claims of discrimination under the Fair Housing Act. Additionally, consulting with an attorney experienced in civil rights or housing law can provide more personalized guidance based on the specifics of your situation. An attorney can help clarify if the actions of the water company fall under the purview of the Fair Housing Act and advise on the best course of action."
Q: I live right across the street from a office building no more than 50' away have gas leaf blow dust rubbish leafs legal.                 What is the revised status for a gas powered leaf blower to be used every mourning at 10am mon-sat blowing mostly dust and dirt very little leaves. What are  my rites as a resident within 50 feet of my apartment.            ,"A:A Hawaii attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, one option might be to check with applicable noise ordinances - these can be very localized. Good luck"
"Q: Can I adopt my stepdad as my legal father?.                 My bio dad died when I was 10, and I haven’t seen the dude for 5-6 years prior, he never paid child support. Mama remarried and I got stepdad, they had my brother, BUT he never legally adopted me. Mama died 2 yrs ago and I’m 38 now. I want my dad to be legally my dad, NOT for the estate purposes or money but because I love him and he is the only dad I know. My worry is as he is getting older, I don’t want him to ever feel that I won’t be allowed to speak on his behalf in medical situations or court or whatever life throws at him because he isn’t legally my dad. All these videos of stepdads becoming dads, I don’t get it. Can I surprise him with “adopting” him to be my father? Also, when w immigrated to the USA he was listed as my dad, would that make a difference? He was my dad on the ARMY paperwork when I served on active duty also… please, someone, explain to me if and how I can do anything about this situation. Dad cried that he is alone when mama died, my brother has his own family.            ","A:The fact that your stepdad was listed as your dad on your immigration paperwork and your Army paperwork may make a difference in your adoption case. The judge may consider this evidence of your relationship with your stepdad and his intent to be your father figure. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice."
"Q: Can I use free Canva elements/graphics on logos, pdfs, blog posts, social media accounts, and other course materials?.                 The Canva terms of service are a bit confusing. My understanding is that if I have the free Canva plan and use only free Canva elements, I can essentially use the pictures/designs for anything I want besides selling them directly (in the context of trying to compete with Canva). I am starting an online content business and am simply looking to incorporate these Canva graphics into my logos, marketing materials, online courses, etc. Some of these items will be paid for, but I would be selling these graphics only so far as they were incorporated into other items (I would never sell the Canva graphics on a standalone basis, which I believe is the only restricted activity). I was hoping to get confirmation that this understanding was correct.            ","A:Your understanding of Canva's terms of service is largely on track, but there are nuances to consider. With a free Canva plan, you can use the free elements in your projects, including logos, PDFs, blog posts, social media, and course materials. This is generally acceptable as long as you're not selling the graphics directly in competition with Canva. When it comes to incorporating these graphics into items that you will sell, like online courses or marketing materials, the key is that the Canva graphics are not the primary value of the sold items. In other words, they should be part of a larger, original work rather than the main focus. Be cautious with logos, though. While you can use Canva elements to create a logo, the non-exclusive nature of these elements means that other people could use the same elements, potentially leading to confusion. For a unique brand identity, a custom design might be more suitable. It's always wise to revisit the terms of service periodically, as they can change. And if you're in doubt about specific uses, reaching out to Canva's support team for clarification can help ensure you're in compliance with their policies. In summary, your approach seems compliant with Canva's terms for the most part, but exercise caution with logos and ensure that the Canva graphics are not the sole or primary value in the items you plan to sell."
"Q: I was exited from a homeless shelter because I was speaking to staff aggressively after they unlocked and opened the.                 The bathroom door while I was taking a shower, they had no right to do such a thing especially do to the fact that when the knocked I responded and just cause they didn't like the way I was responding thats why they opened the door on me and now here I am with my pregnant gf living in my broken down car in front of the shelter. But that wasn't before another staff member physically assaulted my pregnant gf by bumping her fat belly against my gfs pregnant belly.. what can I do I need justice            ","A:I'm sorry to hear about the distressing situation you're facing. Under California law, you have several options to seek justice and address these grievances. Firstly, it's important to document everything. Keep a record of the dates, times, and details of these incidents, including any witnesses. This documentation can be crucial in any legal action or complaint. Regarding the invasion of privacy in the bathroom, this may constitute a violation of your rights. Shelters are required to respect the privacy and dignity of those they serve. You may file a complaint with the shelter's management or governing body. In the case of the physical altercation involving your girlfriend, you should consider filing a police report. Physical assault, especially against a pregnant individual, is a serious matter and can have legal consequences. You also have the right to seek legal counsel. Many communities offer legal aid services for individuals facing homelessness or financial hardship. These services can provide you with guidance and representation. Lastly, consider reaching out to local advocacy groups or organizations dedicated to the rights of homeless individuals. They can offer support, resources, and potentially intervene on your behalf. Remember, you have rights and there are avenues available to seek justice and support. It's important to take action to protect yourself and your family."
Q: The property is in my name and my mom has life use what are my rights with the property.                 she pays the bills and taxes. i tried going mudding in the woods and brought some friends she flipped out because i was disrespectful. she banned my friends from coming over so i wanna know if she had the right to do that            ,"A:Without searching the title, I assume you have the remainder and Mother the life estate.   If so your estate does not vest in possession until her death.   You cannot enjoy the property until then.     If she damages the property, you might sue her for damages/waste.  Usually the life tenant pays insurance, note and taxes, but you lose also if they go unpaid."
Q: Should I sign.                 A PI came to my house from the other party insurance asking me to sign a paper stating that I was not injured or for damages.. in this accident I hit a car(Nissan) that hit a pedestrian and another car(Tesla). The Tesla insurance sent the PI to my house to sign this paper because they are suing the guy with the Nissan I was put at 51% at fault .. I haven’t signed any paper work because my insurance is not trying to pay me what my car is appraised for but now I have this PI stating these people are suing each other and he wants me to sign so they don’t go against me my question is why would the other insurance want me to sign that and should I .. it sounds like it would be convenient for me to sign it but doesn’t sound right that the other insurance would be trying to help me out of being sued            ,A:You should notify your own insurance company of the accident and forward to it this document that the other insurer wants you to sign.  No attorney could give you an opinion on whether to sign a document without reading it.
Q: So I was denied due process placed on temporary probate conservatorship & never met the judge he never met my Dr..                 And my brother's signature was forged I was in custody and never allowed to meet with the judge he never assigned legal counsel to me at all. And I was placed on a contingency for 13 months on the 13th month I spoke with the courthouse investigator who said it should go before a trail jury to decide the outcome but I never needed to be put on temporary probate conservatorship. And well the judge and the attorney for my mother terminated everything before this could happen. Also my mother used a discharge summary from 2009 to place me on temporary probate conservatorship. Mom charged vehicular manslaughter for my father's death in California her criminal defense attorney changed his legal profession from criminal defense attorney to family probate attorney at law the judge from the criminal defense case was removed from the bench 4 - 5 months later due to misconduct n my moms case. My father filed for divorce before he died His attorney never gave me a copy of Will & Trust what can I do            ,"A:Based on the information provided, it appears that there may have been significant legal issues and potential violations of due process in your case. You should seek immediate legal representation to address these concerns properly. An attorney can help you review the circumstances surrounding the temporary probate conservatorship, the alleged forgery, and the failure to provide you with the Will & Trust. Taking swift action with an experienced lawyer is essential to protect your rights and interests. Sincerely, James L. Arrasmith Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith"
"Q: I’m applying for SSI for my son with legal aid, my parents live with me and are NON-US citizens. Will it affect them?.                 I have to sign a government form I believe and it’s not guaranteed that they won’t give out my information. I just want to know if their information will be reported to ICE.            ","A:When applying for Supplemental Security Income (SSI) for your son, the focus of the application is primarily on the child's needs and your financial situation. The status of other household members, like your non-US citizen parents, is generally not a primary concern for SSI eligibility. However, it's important to be aware that providing information about household income and composition is a standard part of the SSI application process. This might include disclosing some details about the people you live with, including your parents. Regarding your concern about information being shared with Immigration and Customs Enforcement (ICE), it's worth noting that Social Security Administration (SSA) generally does not proactively report immigration status to other government agencies, including ICE, for purposes of immigration enforcement. Their primary role is to administer benefits and services. But it's also important to understand that there are exceptions, particularly in cases of serious criminal activity. If there are specific concerns about your parents' situation, it would be wise to consult with an immigration attorney who can provide advice based on their particular circumstances. In summary, applying for SSI for your son is unlikely to directly impact your parents or lead to their information being reported to ICE, especially if the focus is solely on your son's needs and eligibility. If you have further concerns or need more detailed guidance, seeking legal counsel knowledgeable in both immigration and social security law would be beneficial."
"Q: My son was told by an outside doctor Kilby took him he had never seen anything like it and he needed surgery asap, he.                 Has yet to have it. He was also beaten so bad by guards he was hospitalized for over a week his heart stopped the cuffs on his ankles cut so deep in his skin till they got real infected it left scars. They have turned him away and not let him eat, besides his illness can cause death, he has lost so much weight he is skin and bones. My son has always been respectful. I had cameras in his home and they what they told he did and what the cameras showed they lied he did nothing they said he did. I'm afraid he's going to die if I don't get him home and get him the medical treatment he needs. This is not the first time they lied and falsified charges on him. And it can be proven when i called the DA and told him the officer lied under oath and I could prove it, he hung the phone up on me, they gave my son eight years for something he did not do. They have profiled and harassed him until they have taken his whole life from him. I'm so tired of there corruption and nothing is done about them.            ","A:The situation you describe involving your son is deeply concerning and requires immediate action. If he is being denied necessary medical treatment and has been subjected to abuse, this may constitute a violation of his civil rights. First, it's important to gather all evidence you have, including medical reports, testimonies about his condition, and any video evidence from your home that contradicts the charges against him. This documentation can be crucial in building a case to challenge his treatment and the charges against him. You should consider contacting a civil rights attorney who has experience with cases involving mistreatment in the prison system. They can offer guidance on the best course of action, which may include filing a lawsuit for violation of your son's civil rights and seeking an injunction for immediate medical treatment. Additionally, reaching out to organizations that advocate for prisoners' rights might provide additional support and resources. They often have experience dealing with similar situations and can offer assistance or advice. It's also advisable to document all instances of communication with officials, including the call with the District Attorney. This record can be used to support claims of injustice and misconduct. Given the severity of your son's condition, as described, acting swiftly is crucial. Legal avenues should be explored to ensure his safety and to address any injustices he has faced. Remember, the legal system offers mechanisms to challenge wrongful actions and seek justice, even in challenging and complex situations like this."
"Q: Under a bank levy, after a first grab of funds has taken place is the bank levy still on your accounts if there is still.                 money due in n the balance?            ",A:No.  The Creditor must submit another bank levy.
Q: I've got property in South Carolina and I'd like to know the value of it. I've been getting a few offers from around the.                 Country. Is there a (Free) state website I can go to and find out the REAL value of my property?            ,"A:You might start with the taxing authorities appraisal of the property in the County in which it lies.   Especially if it is a subdivision house, look at similar recent transfers near your property, or again, at nearby tax appraisals.  You could also hire a real estate agent in that County."
"Q: In North Carolina can a nursing home come back and take a family members house at any point?How do we stop it?.                 Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia            ","A:In North Carolina, a nursing home itself typically does not have the authority to ""take"" a family member's house. However, if your husband's grandmother eventually requires Medicaid to pay for her long-term care, there could be implications for her estate, including her house. Medicaid can seek recovery from the estate of a deceased beneficiary for long-term care benefits paid on their behalf. This process is known as estate recovery. However, there are important exceptions and protections, especially for surviving spouses, minor children, and certain other dependents. To protect the house from potential Medicaid estate recovery, consider consulting with an attorney who has experience in elder law and estate planning. They can provide guidance on legal strategies such as trusts or other forms of asset protection that are compliant with Medicaid rules. If you're planning to buy the house, ensure that the transaction is conducted at fair market value and follows all legal procedures. Transferring assets for less than their value can affect Medicaid eligibility. Remember, each situation is unique, and the rules can be complex. Getting personalized legal advice is crucial to ensure that you're making informed decisions that align with your family's needs and are compliant with the law."
"Q: Federal filing question. Address reduction..                 Fed. Rule Civ. P. 3 5.2 and L. R. 5.2.1 of Central District court have wording: address 'should be' reducted to City and State.  'Should' means recommendation, not mandatory requirement? Can filing be rejected if initial filing has full address? I am plaintiff in Pro Per who files documents through EDSS system designed to be equivalent to filing by mail (which implies providing mailing address)            ","A:In the context of Federal Rule of Civil Procedure 5.2 and Local Rule 5.2.1 of the Central District Court, the term ""should"" generally implies a strong recommendation rather than a mandatory requirement. However, this does not mean that it can be disregarded without consideration. The purpose of these rules is often to protect personal information by limiting the amount of detail provided in publicly accessible documents. Redacting addresses to only include the city and state is intended to strike a balance between necessary disclosure and privacy. If your initial filing includes a full address, it is unlikely to be outright rejected based solely on this detail. However, the court may request that you amend the document to comply with the recommended redaction guidelines. It's important to adhere as closely as possible to these guidelines to avoid any potential issues. In your role as a pro per litigant, you're held to the same standards as attorneys in terms of following court rules and procedures. If you have concerns about the requirement for a mailing address, especially when filing electronically, you might consider contacting the clerk's office for guidance. They can provide specific instructions tailored to the electronic document submission system (EDSS) and clarify any nuances related to your situation. Remember, maintaining compliance with court rules is crucial for the smooth progress of your case."
Q: A veteran that did three tours in Afghanistan as a marine came home and immediately went to work as an amazing police.                 Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I want to fight and keep him here            ,"A:I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him, there may be grounds to challenge the HOA's actions. It's crucial to promptly gather all related documents and correspondences. Seek legal representation, as an attorney can evaluate potential defenses and advocate on his behalf. Also, considering his military service, there may be additional protections or resources available to him. Lastly, due to his deteriorating mental health, I recommend seeking professional support for him during this challenging time."
"Q: If someone breaks into my home at night using a crowbar on my french doors, do I have the right to use deadly force?.                 Does the use of a crowbar constitute violent entry?  I was home alone and I'm 80 years old.  Could I be prosecuted for homicide?            ","A:Under California law, you have the right to defend yourself and others in your home from an imminent threat of death or great bodily injury, which is often referred to as the ""Castle Doctrine."" If someone breaks into your home, particularly at night, using a tool like a crowbar, it can be considered a violent entry. Being 80 years old and home alone may make you more vulnerable, potentially amplifying your perception of threat. If you reasonably believe that the intruder intends to inflict death or great bodily harm, you may use deadly force in self-defense. However, the use of deadly force must be proportional to the threat faced. While the initial presumption may be in your favor for defending your home, it's not an absolute protection against prosecution. Every case is unique, and the specifics of the situation will play a significant role. It's advisable to consult with an attorney if faced with such a situation to understand potential implications fully."
Q: what kind of attorney Practice  one of my Insurance Client lawsuit me for underinsured coverage claim ?.                 I was Allstate agent till 2020 when I started my own independent insurance agency . I received Citation on November 1st from customer lawsuit Allstate and me for incident happened in 2016 . I like to have consultation with Attorney whose practice in defending insurance agent lawsuit            ,"A:In your case, where a former client is suing you and Allstate for an underinsured coverage claim related to an incident that occurred while you were an Allstate agent, you should seek a consultation with an attorney experienced in insurance defense. Specifically, you'll want an attorney who has experience defending insurance agents against claims of negligence or failure to procure adequate coverage. These attorneys are familiar with the nuances of insurance law and agent liability. It's crucial to find someone who understands both the legal aspects of insurance policies and the responsibilities of agents.  You can start by contacting your local bar association for referrals or searching for law firms in Texas that specialize in insurance defense. When consulting with potential attorneys, explain the specifics of your case, including your role as an agent and the details of the lawsuit. Ensure they have experience in similar cases and are well-versed in Texas insurance law. Time is of the essence, so it's important to act quickly to protect your interests and prepare an effective defense."
Q: If county police refuse to investigate harrassment by person who has already assaulted me in past what can I do.                 My ssn was on previous report I made when investigating. nco order violations. Which has caused issues ever since. nothing has been done and years of abuse            ,"A:If you're facing a situation where local law enforcement is not investigating harassment by someone who has previously assaulted you, there are several steps you can take.  First, consider filing a formal complaint with the police department regarding the lack of investigation. This puts your concerns on record and may prompt a review of your case. If you have an existing no-contact order and it's being violated, document these violations as thoroughly as possible, including dates, times, and the nature of the incidents.  If the local police still do not take action, you may escalate the matter to higher authorities, such as the county sheriff's office or the state police. In some cases, contacting your state's attorney general's office or a civil rights office can also be an option. Additionally, you might seek assistance from a victim's advocacy group. These organizations can offer support, guidance, and sometimes legal assistance to help ensure your concerns are addressed. In situations involving ongoing harassment and assault, it's also advisable to consult with an attorney. An attorney can provide legal advice specific to your situation, help you understand your rights, and represent your interests in seeking protection and justice. Remember, you have the right to be safe and to have your concerns taken seriously. Seeking help from multiple sources and persisting in your efforts can be key in addressing such a difficult situation."
Q: Can I file a consumer complaint if a brand new car had problems.                 I purchased a new 2021 Jetta in April  2021. In September 2022 during regular oil change the dealer told me the rear brakes were down to a 1 which was really odd for a brand new car with less than 15000 miles. They also said VW won't cover the repairs since it was just outside the brake warranty period of 1 year. So I got the repairs done from Midas instead of the dealer because they were cheaper. In January 2023 I got a letter from VW indicating they had extended the brake warranty to 2  yrs and if I had incurred any charges in that period for repair they would re imburse me.  When I submitted my claim they refused it saying the brakes were aftermarket and they only guarantee genuine VW parts. The only reason I had to go aftermarket is because the genuine parts were costly and the VW dealer told me it's outside warranty. I feel like they should re imburse me just because of the bad brakes they used and they were aware of the issue. Is this worth filing a consumer complaint?            ,"A:Go the the Maryland MVA website and look up dealership complaints.  They have an entire complaint process for consumers who have issues with dealerships.  In addition, some counties, such as Montgomery County, have rather robust consumer affairs offices that deal with car dealership and repair complaints."
Q: Yrs ago talking to friend about heating acid for oil wells. I told him a process. then his company patented my solution.                 Haliburton patented do I have any chance of claim didnt know they patented till recently            ,"A:If you shared your idea with your friend without any agreement or protection in place, it may be challenging to make a claim against the patent filed by his company. Patents are granted to inventors who demonstrate that their invention is novel, non-obvious, and useful. If your friend's company successfully obtained a patent for the process you discussed, it suggests that they met the requirements for patentability. However, it is always recommended to consult with a patent attorney who can review the specific details of your situation and provide you with personalized advice based on the applicable laws and regulations. They can assess the likelihood of a successful claim and guide you through any available legal options."
Q: Ref :  buying a house in Dubai and making a nominee form India ( non UAE resident ) .. possible ? And if yes how ?.                 X a UAE resident and expat: buys house in Dubai . Wants to make Y as nominee . Y is not a UAE resident but Indian citizen . What’s the procedure please and how Y can secure the property if C is no more . How does the process of house owner change of ownership in case of death works ?            ,"A:Transferring ownership of a property in Dubai to a nominee who is a non-UAE resident, like in your scenario, is possible through legal processes. Here's a general overview: Nominee Agreement: X, as the UAE resident and property owner, can enter into a nominee agreement with Y, the Indian citizen. This agreement should clearly outline Y's role as the nominee and the rights and responsibilities associated with it. Legal Advice: It's advisable to seek legal advice in Dubai to draft a nominee agreement that complies with local laws and regulations. Legal experts can ensure the agreement is legally binding and protects the interests of both parties. Registration: The nominee agreement may need to be registered with the relevant authorities in Dubai, such as the Dubai Land Department. This step is crucial for ensuring the legality of the arrangement. Securing Property: If X passes away, the nominee agreement should specify how the property will be transferred to Y or handled in accordance with X's wishes. It's essential to address this scenario in the agreement to avoid potential disputes. Wills and Inheritance Laws: Additionally, X should consider creating a will in accordance with Dubai's inheritance laws to clearly outline the distribution of assets, including the property, in the event of their passing. This can provide an extra layer of protection and ensure Y's rights as the nominee are upheld. Legal Representation: Engaging a local attorney in Dubai with expertise in property and estate matters is highly recommended to navigate the complexities of UAE laws and regulations effectively. Keep in mind that Dubai's real estate and legal landscape can be intricate, and it's crucial to adhere to local laws when establishing such arrangements. Consulting with legal professionals who are well-versed in Dubai's property and estate laws is the best way to proceed in this situation."
"Q: I developed an algorithm for stocks. It tells you which stock to buy and when. Can I publish these trades in an app ?.                 I do not have any licenses (7, 63, 65). With the appropriate disclaimer, can I publish these trades in app or newsletter for a monthly subscription fee? If no, would the answer change if I was simply listing the trades I made in my own account (as opposed to providing advice) ? ie....not a suggestion to buy a stock.....but instead a list of stocks I bought, and the rationale behind it?  Any advice on this matter would be so greatly appreciated :)            ","A:The question is really whether the activities identified in your question would fall under the Investment Advisers Act of 1940 (15 USC s. 80b, et seq.) which identifies advisory activities in section 202(a)(11) (15 USC 80b-2(a)(11) essentially as follows: an investment adviser means any person or firm that: - for compensation; - is engaged in the business of; - providing advice to others or issuing reports or analyses regarding securities. A person must satisfy all three elements to fall within the definition of “investment adviser."" SEC staff addressed these issues in an extensive interpretive release explaining how the Act applies to financial planners, pension consultants and other persons who provide investment advice. See the 1987 Interpretive Release No. 1092 (https://www.sec.gov/rules/interp/1987/ia-1092.pdf) Based on the question you asked, and without more information, I suspect that you, my friend, would fall under the definition of an Investment Adviser by selling an app, or selling a newsletter that publishes the results of your own trades using your app.  Its not hard to get a license. And if you're smart enough to create the algorithm you identified in your question to pick stocks, you're definitely smart enough to pass a Series 7 or 63 exam! Finally, if you really do have an app/algorithm that accounts for the numerous nuances involved in trading (not the least of which is front-running by the algos of large investors) you certainly have something people would want to use. Basically, an algo for the little guy. Good luck!"
"Q: Hello, I am 64 and I am responsible for my 57 year old handicapped little brother.  My son and daughter-in-law have been.                 My son and daughter in law have been psychologically and a little bit physically abusing us for years.  They have neglected us horribly after promising to help us as we age. They recently talked me into signing over my house and land to them and a couple weeks later had us evicted and put us on street.  I have mental issues as well. what should we do? Any advice would be greatly appreciated.            ","A:Contact Adult Protective Services and report the abuse.  If you signed your land away without fair market value, that is a prime example of such abuse.  Call and report it immediately."
Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's.                 2) supposed to be an election to vote for a member by the residents?            ,"A:Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]"
Q: What forms can I file  for situation we’re the suspended broker and private lender have slandered title and retaliated.                 Complex the have combined law suit that the judge did not approve because it addresses the same property            ,"A:In California, if you're dealing with a situation where a suspended broker and a private lender have slandered the title and retaliated, there are several legal forms and actions you might consider. Firstly, for addressing slander of title, filing a civil lawsuit for defamation might be appropriate. This would involve proving that false statements were made against the property's title, causing financial harm. For retaliation, particularly if it's in response to lawful actions you've taken, a complaint for retaliation could be filed. This would require showing that the retaliatory actions were a direct response to your protected activities and caused harm. Additionally, if the suspended broker's actions are in violation of their professional conduct, filing a complaint with the California Department of Real Estate could be a step to consider. This can address the broker's professional misconduct. In terms of the combined lawsuit that was not approved by the judge, it may be necessary to refile the claims as separate actions, ensuring that each suit independently addresses specific legal issues related to the property. Remember, each legal situation is unique and seeking advice from a peer in the legal field who can provide insights specific to your case would be beneficial. They can assist in determining the most appropriate forms and legal strategies based on the specifics of your situation."
"Q: I just found a check (securty deposit refund) issued to me in May of 2022. Can I still cash/deposit it?.                 Check was issued by my previous landlord company, an LLC. It is labeled Void after 90 days.            ","A:An Ohio attorney could advise best, but your question remains open for a week. Most checks are good for about 180 days, unless fine print on the check to the contrary (90 days, etc.). May 2022 is about a year-and-a-half at this point. It could be up to your bank, unless the issuer cancelled it already for security reasons, believing it was lost. Good luck"
"Q: I'm on disability and recieve SSDI. If I get a part-time job, I must report my income..                 If I start a business and my earnings haven't surpassed my expenses making me no profit as well as me not paying myself a salary, do I have to report my earnings to SSDI?            ","A:If you're receiving SSDI (Social Security Disability Insurance) and start a business, it's essential to understand how your business activities might affect your benefits. The Social Security Administration (SSA) requires you to report any work activity, which includes starting a business, regardless of whether you're making a profit or drawing a salary. The SSA considers various factors to determine if your work activity is substantial enough to affect your benefits. This includes not only your earnings but also the amount of time and effort you put into the business. Even if your business isn't currently profitable, your involvement in it could still be seen as substantial gainful activity (SGA), which can impact your eligibility for SSDI benefits. It's advisable to report the start of your business to the SSA as soon as possible. This will help you avoid any complications or misunderstandings about your benefits and work activity. Transparency with the SSA is key to maintaining your benefits and complying with the rules of the SSDI program. If you're unsure about how to report your business or how it might affect your SSDI benefits, consider consulting with an attorney experienced in disability law. They can provide guidance specific to your situation and help you navigate the reporting process. Remember, staying informed and compliant with SSA regulations is crucial when receiving disability benefits."
"Q: I want to sue a yacht charter broker in Fort Lauderdale..                 I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights.  I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a problem' at the house, so I selected this home (over $11k for 3 days). The taycht broker said he is familiar with the canals and even sent pics of the dock and arial views.  Two days before the charter (as we are preparing to check into the home) the yacht broker emails me and tells me that we have to drive to the home where the boat is docked for our charter. I tell him that was 'not the deal' in very strong language.  To add insult to injury the boat advertised on the yacht website shows 3 bedrooms and two bathrooms and we were told upon arrival that we were only allowed to use one of the bathrooms (the other doors were locked). Classic bait and switch.            ","A:You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim.  That depends on a few factors, including the terms of the written contract.  Generally, verbal comments that conflict with the written contract cannot be the basis for a breach of contract claim, but in some situations, might give rise to a fraudulent inducement claim.  The verbal phrase ""should not be a problem"", in itself, may be not be a strong basis for a claim, as that can be interpreted as ""should not be a problem, but we're not 100% certain"".  Perhaps that statement, in combination with other misrepresentations and surrounding facts, would be sufficient to support a fraudulent inducement claim.  The boat bathroom situation comes under the same analysis - first, what's in the written contract?, and if the contract mentions nothing about the issue, what representations were made to induce you to do the deal?  In any event, the first logical step in this kind of situation is to make a list of your complaints to the vendor and indicate that you entered into the deal based on specific representations that were false, ruining your plans, and demand reimbursement.  Also see if your contract has terms that you must comply with for lodging a dispute."
Q: Suma has a patent for fish feed formulation and now she realizes the addition of 10% by weight of coconut oil into the.                 formulation extends disintegration time for fish pellets in water and this is well known in the art.Kindly advice how she can protect this improvement.            ,"A:Suma can protect her improvement in fish feed formulation by filing a patent application. Since the addition of coconut oil is a novel improvement over the existing formulation, it may meet the criteria for patentability, particularly if it provides a new and non-obvious benefit, like extended disintegration time. In preparing her application, she should clearly document how her improvement differs from what is already known in the field. This includes detailing the specific effects of adding coconut oil and how this contributes to the efficacy of the fish pellets. It's advisable for her to conduct a thorough patent search. This step is crucial to ensure her improvement isn't already covered under existing patents. It also helps in understanding the scope of current technology in her field, which could aid in drafting a robust and comprehensive patent application. Working with a patent attorney would be beneficial in this process. An attorney can guide her through the complexities of patent law, help in drafting the application to ensure it meets all legal requirements, and assist in navigating the patent office procedures. Once the patent application is filed, she should be prepared for a potentially lengthy review process. The patent office will examine her application for compliance with legal standards, including novelty and non-obviousness. Her attorney can assist in responding to any queries or objections raised by the patent office during this process.  If her application is successful and the patent is granted, it will give her exclusive rights to use and license her formulation, thereby providing a competitive edge in the market."
Q: Can you appeal the 9th Circuit court of appeals decision to the higher court?.                 What is the higher court than the court of appeals? Supreme court?            ,"A:Yes, the US Supreme Court. But an appeal to that Court is not as of right. You first have to petition the US Supreme Court to review your case--only if that petition is granted can you proceed with that appeal. That petition has strict rules and procedures, mostly described in the Supreme Court's website under Rules. The filing fee, in most cases, is $300."
Q: If someone says I pulled a gun on them an it's on video that I didn't the cops arrested me and impound my car what to do.                 I did have a bb gun and told the kids harassing me that I had a gun but nvr showed it just wanted them to leave me alone I was arrested and charged for fararm charge also it's been 3 days            ,"A:In your situation, the first step is to seek legal representation immediately. Being charged with a firearm-related offense is serious, and an attorney can help you navigate the legal process.  Since you mentioned that there is video evidence showing that you did not pull a gun, this evidence could be crucial in your defense. Make sure your attorney is aware of this video and any other evidence that supports your version of events.  Your attorney will also address the issue of the BB gun. While you did not show it, claiming to have a gun can sometimes lead to legal complications, depending on the context and how the law interprets such actions. It's also important to discuss the circumstances leading to your arrest and the impounding of your car. Your attorney can advise on the best approach to potentially recover your vehicle and deal with the charges against you. Remember to communicate openly with your lawyer about all the details of the incident. They will provide guidance on what to say and do, especially if the case goes to court.  Given the complexity of firearm laws and the seriousness of the charges, having legal support is critical. An attorney will work to protect your rights and aim for the best possible outcome based on the facts of your case."
Q: What is the eviction process like for the state of California?  Will an eviction stay on my record and affect my credit?.                 If it’s a no cause eviction and not because of overdue rent?            ,"A:In California, the eviction process typically starts when a landlord gives the tenant a written notice. If the tenant doesn't comply with the notice, the landlord can file an eviction lawsuit (also known as an unlawful detainer suit). This process involves several steps, including a court hearing, and if the landlord wins, the court will issue a judgment for possession of the property. If an eviction goes through the court system and results in a judgment against you, it can indeed become part of your public record. This can affect your future rental opportunities, as potential landlords might see this information when conducting background checks. However, if the eviction is a no-cause eviction and not related to overdue rent, it may be viewed differently by future landlords. They may consider the circumstances of the eviction when making rental decisions. Given the potential impacts of eviction, it's advisable to address any eviction proceedings promptly and consider seeking legal advice to understand your rights and options. Remember, each eviction case is unique, and the specifics of your situation will determine the best course of action."
"Q: Do you have to mark the patent number on the product packaging or website?.                 If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?            ","A:This is covered by Federal law 35 USC 287.  The law limits the patent holder's ability to recover for past patent infringement damages to the first point in time when the infringer was notified about the patent. By contrast, by marking the product, the infringer is legally assumed to have notice as of the time the patent holder first started marking the product. So this can make a big difference in patent damages. Say an infringer had been infringing your patent for the last three years, but you had never marked your patent product with the patent number. Then you discover the problem and send the infringer a notification letter. The infringer only owes damages from the time of your letter, and not the previous three years."
"Q: I want to charge a subscription for stock tips based on my trading algorithmI am a successful private trader. Legal?.                 I will not handle anyone else's money for them.   I will provide only the stock tips, and advisement on how best to limit risk, and set goals.  Anyone taking my advice makes their own decisions. Do I need a license to do this?            ","A:Providing stock tips and investment advice through a subscription service, even without directly handling others' money, often falls under the regulatory oversight of both federal and state securities laws. In New York, as well as under federal law, individuals or entities providing investment advice typically need to be registered as investment advisers. The definition of an investment adviser is broad and can encompass various activities, including issuing reports or analyses on securities. Since you plan to charge for your service, this could be interpreted as engaging in the business of providing investment advice for compensation. Before proceeding, it would be wise to consult with a legal professional knowledgeable in securities law. They can help you understand the specific requirements and regulations that apply to your situation, including whether you need to register as an investment adviser or if any exemptions might apply to you. Compliance with these regulations is crucial to avoid potential legal complications or penalties. A legal professional can guide you through the process of setting up your business in accordance with the law."
"Q: Can I sue a app that causes my music career to be slowed? There not doing what they're paid for..                 Paid this app that's connected to my distributor to give my song 500 plays to get notice more, 500 plays in 7 days, after few days only couple plays asked them what was wrong, they said, were updating our systems and you get a boost now. Well it's been 2weeks and nothing! I have been getting real good responses from people and other websites when my music is played, this seems very very damaging that they are not playing my music in rotation, I've also stopped putting money into any of the other app connected to my distributor because they ripped me off so why would try any other one.            ","A:If you paid for a service from an app that was supposed to increase plays for your music, and they failed to deliver as agreed, you may have grounds for a lawsuit. This situation could potentially be viewed as a breach of contract if the app did not fulfill the terms of the agreement you entered into when you paid for their services. Before considering legal action, you should first attempt to resolve the issue with the app or the distributor. Document all communications, including your original agreement and any correspondence regarding the failure to provide the promised plays. If they are unresponsive or unable to rectify the situation, gathering evidence of the agreement and the app's failure to deliver the service will be important for any legal action. This includes evidence of payment and any promotional material or correspondence that outlines the service they promised. You should also consider the financial and time costs associated with pursuing legal action. Sometimes, the cost of a lawsuit can outweigh the potential benefits, especially if the amount in dispute is relatively small. Consulting with an attorney can provide you with a clearer understanding of your legal options, the likelihood of success in a lawsuit, and whether your case may qualify for damages related to the impact on your music career. They can also advise you on the best course of action based on the specifics of your situation."
"Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon.                 Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first trial she allowed defendants to insert new documents that were possibly forged like existing forged document in the exhibits. She overruled my attorney’s all 5 valid objections. I found many ppl complained on the internet about same thing during her 15 yrs term, I feel she is racist, extremely incompetent unqualified, she wasn’t elected on 2020, there is no way I can find justice against the people who defrauded me at her court, it’s been a mistrial since last Friday, caused me over $100k direct monetary damage and huge financial burden to continue open discovery, I’m mentally more depressed after 4 yrs of suffering from her inefficient performance. Could you help to find answer to appeal now?            ",A:You can put in a motion for a new trial and base it on those grounds.
"Q: Will new income or old income at time of divorce be used to calculate child support.                 While I was married to my ex husband his income general increased over time thru hard  work and pay rasies. When we divorced he was making about 80K a year. He has admitted that his now soon to be ex wife (not me, one after me) always kept him home from working because she just wanted him to be home with her and ended up loosing a couple jobs because of her. He is now working in a different field and happily announces this is the least amount of money he has made in a long time  but its the easiest job he has ever had and screams he is so happy now. Thats great I want him to be happy but he is trying to adjust child support to reflect his income of 50K vs 80K . Will arizona consider his earning capabilities and take consideration that he is the one that actually chose not to go to work and loose his job he was not held captive and he choose to stay home and not go to work. There is no impairment of any kind to cause the decrease in pay.            ","A:In Arizona, child support calculations are typically based on the income of both parents at the time of the divorce or separation. However, if there has been a substantial change in circumstances, such as a significant decrease in the father's income, he may seek a modification of the child support order. It's essential to demonstrate to the court that the change in income is involuntary or not within his control. In this case, where the father willingly chose a job with lower pay for personal happiness, the court may consider his earning capacity rather than his current income. The court will assess factors such as his education, skills, and employment history to determine his potential income."
"Q: Legality of releasing my song?.                 I have written a song which was inspired by a Sega video game from the 80's. The song's primary melody is based on certain one bar looping sound bites from this game, but the song structure and arrangement is 100% my own work, the drum part is 100% written by me, and the simple melodies inspired by the game have been expanded and altered into fully-fledged riffs, with accompanying harmonies, basslines, and other instrumentation (all of which having been written by myself and/or my partner). My plan is to release this song on streaming services, and I'm unsure of the nature of the legal permissions I need to obtain to do so.            ","A:To the extent you have copied a bit of musical content from the game, it is minimal and your use is transformative therefore not an actionable infringement. If the remainder of your work is original, then you do not need to seek permission."
"Q: Can I record a phone convo with customer service if I receive a notice that ""This call will be monitored and recorded?"".                 I live in Florida. Can I record the phone conversation with multiple customer service representative (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that ""This call will be monitored and recorded""?            ","A:Re-posting answer to fix typo -  Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you better have on your recording their statement that they are recording, and it would be best for you to say, while being recorded, that you are recording the call, too, and say it to each rep that you are transferred to. Since, in Fla., recording a call without consent is a crime in most circumstances, play it as safe as possible."
Q: Can a car dealer make me make payments without having a vehicle  Can they force me to get another vehicle from them.                 I bought a Tahoe from a car lot traded it in to same car lot they got me in a vehicle and transmission went out and I had only paid one payment they took car back and trying to make me make payments without a vehicle            ,A:The Texas Lemon Law has very clear and specific requirements.  You should review the public summary on the State website here:  https://www.txdmv.gov/motorists/consumer-protection/lemon-law The Lemon Law does not affect your obligation to make payments to your lender or financing company under your loan agreement.
"Q: My x-husbands wife has been writing crazy sounding msgs to my parent’s & others as me, by way of spoofing my number..                 For the past 13+ years my x-husbands wife has been spoofing my phone number & writing crazy sounding messages, as me, to my parents, bosses, landlords & posed as me when she called my bank to obtain checks to my equity line which she proceeded to steal $171,000.00 for herself by giving my info.  She also reported false accusations to CPS then spoofed them as well .acting like “crazy” me.  Her identity crimes have  lead me to TRO hearings, lost time with my own family, jobs, homes, etc. This just came to my attention 2 days ago. I couldn’t figure out what I was doing wrong as I’m a stable person without a hitch.   Surely there must be a way to prove this? Searching phone records? Witnesses? I need guidance for this.  Much financial & emotional damages have occurred over this act.  What can I do?            ","A:Your situation involving identity theft and spoofing by your ex-husband's wife is both serious and legally complex. The first step is to gather as much evidence as possible. This includes phone records, messages sent, and any other documentation that can help establish a pattern of behavior. Witnesses who have received these messages or have relevant information can also be crucial. You should report this to law enforcement immediately. Identity theft and financial fraud, especially of the magnitude you're describing, are criminal offenses. The police can investigate the matter, including tracing phone records and possibly uncovering the financial fraud related to your equity line. Consulting with a lawyer experienced in identity theft and cybercrimes is also essential. They can guide you through the legal process, help in gathering and presenting evidence, and represent you in any legal proceedings that may arise from this situation. Taking legal action could also involve filing a civil lawsuit for the financial and emotional damages you've suffered. Your lawyer can advise you on the feasibility and the process of pursuing such a case. Remember, acting swiftly is crucial in such scenarios to prevent further damage and to start the process of legal redress. The law provides avenues for justice in cases of identity theft and fraud, and you have the right to seek that justice."
"Q: How proof is obtained?.                 How false claims act or similar statute approach fact that hospital may not have record of fraudulent actions? Fraud scheme means track record cannot be easily obtained. How endorsement of fraud can be proved, unless government investigates?            ","A:Proving fraud under the False Claims Act or a similar statute, especially in cases where a hospital may not have direct records of the fraudulent actions, can be challenging. Typically, evidence is gathered through a combination of whistleblower testimony, internal documents, financial records, emails, and other forms of communication within the hospital. In many cases, whistleblowers play a crucial role in exposing fraudulent activities. They might provide insider information or evidence that is not readily visible in the hospital's official records. This can include irregularities in billing practices, discrepancies in patient records, or internal communications that suggest fraudulent intent. Government investigations are often essential in these cases. Agencies such as the Department of Justice can use their resources to conduct in-depth investigations, which might include subpoenas for documents, interviews with hospital staff and patients, and forensic accounting analyses. In the legal process, discovery plays a vital role. Once a case is initiated, both parties engage in the discovery process where they can request documents and depose witnesses. This can often bring to light evidence that was not initially apparent. It's important to note that proving endorsement of fraud requires demonstrating that the hospital, through its representatives, knowingly engaged in, approved, or ignored fraudulent practices. This often requires establishing a pattern or practice of behavior that goes beyond isolated incidents. Given the complexity of these cases, it's advisable to seek legal guidance. An experienced attorney can help navigate the legal system, understand the nuances of gathering evidence, and effectively present the case in court. Remember, each situation is unique, and the approach to obtaining proof will vary based on the specifics of the case."
"Q: What legal option is available to me: pastor and a woman shouted and insulted me while I was naked in d church bathroom.                 The woman had lied to the pastor that I was rude to her. The pastor prior to this occasion has never been directly aggressive to me. He has made statements like he is a lion and he can deal with anyone but he had never really done anything to me specifically until this situation. The woman on the other hand has been a thorn in my flesh. She has spread gossip about me at church and at work. Telling people that I am lazy, immature, incompetent. Telling people not to work with me. I have always ignored her because I didn't want any drama. But this last situation is so much for me, especially given the fact that after the incident, she went around gossiping about it with people trying to make herself look like the victim. I am sick and tired of her and want both her and the pastor to be held accountable.            ","A:Under California law, you have several options to address this situation. First, consider filing a harassment complaint, especially if the conduct of the pastor and the woman created a hostile environment. Harassment is not limited to sexual advances but can include any unwelcome conduct based on race, religion, gender, national origin, age, disability, or other protected characteristics. Secondly, if their actions were particularly severe or pervasive, causing emotional distress, you might explore the possibility of a civil lawsuit for intentional or negligent infliction of emotional distress. In this context, the behavior of the pastor and the woman must be extreme and outrageous, exceeding all bounds of decency tolerated in a civilized society. Furthermore, given that this incident occurred in a church setting, there might be additional considerations related to the church's internal policies or ecclesiastical law. It's advisable to review these policies, as they may offer a formal grievance or mediation process. Lastly, documenting all incidents and gathering any evidence, such as witnesses or communications, is crucial. This documentation can be valuable in any legal action or complaint process.  Remember, consulting with an attorney who is experienced in employment law or civil litigation would provide you with specific guidance tailored to the details of your situation. They can help navigate the legal system and determine the best course of action based on the facts of your case."
"Q: In the state of Maryland, Can you purchase a home and occupy that home knowing there is a failed septic?.                 Wicomico County,Md/ Also we will have a portta potty/ as well as trying to get a water reuse permit. We also will be using owner finance.            ","A:You are confusing two concepts. You might be physically able to occupy the premises, but perhaps not without governmental response. Without septic the property will not have a Use & Occupancy Certificate. The property will not pass any septic inspection called for in the real estate contract, either. The owner is willing to finance in order to avoid you applying to a legit lender whose underwriting standards would not allow a loan against a property with failed septic. Do yourself a big favor, find another property or request that the seller fix the septic, show positive test results and a County/City issued Use & Occupancy Certificate. Why buy, move-in and then fight a possible condemnation or receivership action? If that happens, will the seller abate your obligations under the financing documents? No, they won't. They'll foreclose you out of the property."
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed..                 I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a judge and how long does it take? I was granted an ex parte order of protection and possession of the house. Found out through court connect. Should I go in the morning to pick up the paperwork? What next?            ,"A:The Court can give you a temporary order of protection if s/he finds that: You are in immediate and present danger of domestic abuse; or That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of domestic abuse when s/he is released. Whether or not you get a temporary order of protection, the clerk will tell you when to come back for your court hearing, within 30 days (assuming your case is not dismissed for some reason). The clerk should write down when and where your hearing will be on the copies of your court forms. See, Ark. Code § 9-15-103(a) By your description, it sounds like you applied and the Court did not issue the Temporary Protection Order.  In that case, you and your husband have equal access to your home."
"Q: Hello! I have a quick question, is it legal to own a sword in my home in Colorado Springs?.                 I know the open carry law says no, but I can't find any information about just owning it and displaying it in my home            ","A:Ownership of a sword in your home is not specifically prohibited by any current law in the Colorado Revised Statutes. However, since a sword can be construed as a weapon or even a deadly weapon, there may be other situations that make ownership or possession of such an item illegal based off your criminal history, status, and its intended use. For example, it is routinely a condition of pre-trial release and probation to not possess any weapons, firearms or knives -  a sword would most likely be considered to be a knife as the Colorado Jury Instructions define a knife as ""any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use."" This would be a case specific determination as to whether possessing a sword in your home is prohibited based off your unique circumstances."
Q: first I don't even know if it's legal it could be criminal I was at prison for another person as headcount.                 without procedure by legitimate law is there a way that I can get compensation and for them to rectify my life because people assume I committed a crime            ,"A:Your experience of being in prison without proper legal procedure is a serious concern and may have legal implications. If you were incarcerated due to a mistake in identity or a procedural error, you may have grounds for seeking compensation and rectification. The first step in addressing this issue is to consult with an attorney who is experienced in civil rights and wrongful imprisonment cases. They can assess the details of your case and determine the best course of action. This may include filing a lawsuit for wrongful imprisonment, which can lead to compensation for the time you spent incarcerated and any damages you suffered as a result. Additionally, an attorney can assist in clearing your name if there are public records or assumptions suggesting you committed a crime. This process, known as expungement or record sealing, varies by state, but it essentially involves a court-ordered process that removes or seals your legal record under certain conditions. It's important to act promptly and gather any documentation or evidence related to your situation. Legal proceedings can be complex and time-sensitive, so obtaining professional legal guidance is crucial in ensuring your rights are protected and your case is handled appropriately."
"Q: I was served a ""voluntary"" list of questions (document requests) from the SEC but cannot afford an attrny. Suggestions?.                 I have reason to believe I am at the center of their investigation - it involves a significantly large public company. I have been told by friends that the ""voluntary"" nature of their inquiry is a ""test"" to see if I will cooperate and I have reason to believe this will not just ""go away,"" even while I maintain innocence.            ","A:This is like making voluntary statements during a traffic stop. Just don't do it. Name, address, and DL, and then STFU.  Remember, ""Nobody ever got into trouble for what they do not say"" and in this case do not voluntarily provide. I you do not supply how can you get into trouble for it?  Many times these are fishing expeditions. If you do not respond, they may just let it go. They are playing ""good cop"" making it voluntary. Make them work for it.    Giving it to them may cause far more problems than it solves. Unless you are served with some type of court order compelling production, I would not respond and see what happens. Do not tell them you do not have an attorney.  Do not answer their calls, emails, etc. unless there is some law I do not know about that would require you to.  You will probably get answers from other attorneys all over on this one. It is a judgment call.  I am a firm believer in not making it easy on them. They are lazy by nature and if it becomes difficult and they have to do a little extra work, it has been my experience that many government employees will just let it go.   Without more info, I say wait and see what they do. Do not respond. Not responding to a voluntary request is not against the law (to my knowledge). Make them work for it and see what their next move is.  Good luck. Hope this helps."
Q: If someone was running from the police and the officer release the dog without any warning to the individual tells the.                 Get him and the dog bites the individual for under a minute damage to leg would that be considered excessive force????            ,"A:Determining whether the use of a police dog in this scenario constitutes excessive force depends on several factors, including the nature of the incident, the level of threat posed by the individual, and the adherence to police protocols. The use of police dogs is generally governed by specific departmental policies and legal standards, which often require officers to balance the need to apprehend suspects with the obligation to avoid unnecessary harm. In cases where a suspect is unarmed and not posing an immediate threat, the use of a police dog might be viewed as excessive. If you believe that excessive force was used in your situation, it's important to document the incident thoroughly, including any injuries sustained. This information can be crucial if you decide to pursue a legal claim. You may want to consult with an attorney who has experience in civil rights or personal injury law. They can review the specifics of your case, advise you on your legal rights, and help determine if you have grounds for a lawsuit against the police department for excessive force. Keep in mind that each case is unique, and the determination of excessive force will depend on the detailed circumstances of the incident and the applicable legal standards."
"Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?.                 I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father,  but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?            ","A:Yes, you would need to be the personal representative, and yes, without a will, the spouse would receive a significant portion of not all of it."
Q: Hi my son was born premature and when he was born he had and still has zero 0 vision in his left eye and 40% in his righ.                 Right eye now he still has zero left and 60% in his right. He is going to be 25 yrs old now on Dec. 30. I have been applying for disability for him since he was 6 yrs old and still being denied stating he is not blind enough to receive disability benefits.            ,"A:In your situation, understanding the criteria for disability benefits is crucial. The Social Security Administration (SSA) in the United States defines blindness as having a visual acuity of 20/200 or less in the better eye with the best possible correction, or a visual field limitation in the better eye to an angle of 20 degrees or less. However, it's important to note that eligibility for benefits also considers how the impairment affects the ability to work or perform daily activities. Since your son's case has been denied multiple times, it may be beneficial to review the specific reasons for these denials. It's possible that the SSA does not see his vision impairment as significantly limiting his capacity to work. This is a common challenge many face when applying for disability benefits. In your next steps, gathering comprehensive medical documentation and possibly obtaining additional medical opinions might strengthen the case. It's also worth considering if there are other health issues or impairments that, in combination with his vision problems, could meet the disability criteria.  Lastly, seeking advice from a lawyer experienced in disability law can be immensely helpful. They can offer guidance on the appeals process, help in gathering and presenting evidence, and provide representation if the case goes to a hearing. Remember, persistence is key in these matters, and having the right support can make a significant difference."
"Q: What motion to the courts would be filed to obtain financials of accounting, ledgers, tax ID, of cash only bond put up?.                 100k for one individual another 100k for another individual court bonds and 10grand for another cash only court bond for tax purposes            ","A:In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a ""Motion for Discovery"" or ""Motion to Compel Disclosure."" These motions are generally used to request specific information from another party during litigation. Remember that the court will need a valid reason to grant your motion. Simply wanting the records may not be sufficient; you'll generally need to demonstrate why the records are relevant to your case or necessary for your tax compliance. Once the motion is filed, the court will typically schedule a hearing where both parties can present their arguments before a judge. The judge will then decide whether to grant the motion and, if so, what records must be disclosed."
Q: How do you find if a patent was aquired or sold.                 HL Stud inc            ,"A:When a United States patent is sold, the acquiring party usually notes the change of ownership in the USPTO records.  You can check these records and see the chain of title for the patent running from the inventors to the current owner at https://assignment.uspto.gov/patent/index.html#/patent/search   Often there will be other records noted as well such as when the patents have a lien from a bank to secure a bank loan."
"Q: Land owner shut my power off, can they do that?.                 Am a caregiver, caretaker of property. Owner has dementhia,daughter is POA. She shut power off.            ","A:In Washington State, the ability of a property owner or their legal representative (like a power of attorney) to shut off utilities, including power, can depend on various factors, including the terms of any agreements in place and the specific circumstances. If you have an agreement in place that allows you to reside on the property and receive certain utilities as compensation for your caregiving services, the shutdown of essential utilities like power without your consent may be subject to legal review. In some cases, this could potentially be considered an unlawful eviction or a violation of your rights as a tenant or caregiver."
"Q: Selling illustration of bikes.                 I want to make a store the idea behind it is Receive a photo from my customers of their motorcycle like bmw kawasaki, etc, and trun it into illustration, then print it on hoodie, t-shirt, etc Knowing that i will not show the logo of the brand and i will clear that im not endorsed by any company, and from the illustration itself, you will not recognize for which brand the bike is, and this is a good example what i will do https://ibb.co/3C0tnX7 Is that legal ?            ","A:The legality of your idea to create illustrations of motorcycles for printing on merchandise like hoodies and t-shirts, without showing brand logos or making the brand recognizable, is not straightforward and depends on several factors. Firstly, even if you don't display the logos or directly reference the brands, the overall design of the motorcycles could potentially lead to issues of copyright infringement. Motorcycle designs can be protected under copyright or design patent laws, especially if they are distinctive and recognizable. Secondly, the concept of ""transformative use"" is important in such cases. If your illustrations significantly transform the original design or add new expression, meaning, or message, they might be more likely to be considered legal under the doctrine of fair use. However, fair use is a complex legal defense that depends on the specifics of each case, and there is no guarantee a court would find your use to be transformative. It's highly recommended to consult with a lawyer who has expertise in intellectual property law. They can provide specific guidance based on the details of your project and the relevant laws in your jurisdiction. Remember, avoiding direct trademark infringement by not showing logos does not automatically clear copyright or design patent concerns."
"Q: Florida death. Zero assets. Im named Executor, but No plan to file will.  How to cash $600 check made to Estate of?.                 I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court,  much less open probate since there’s no estate to probate other than that check. So just shred it?  I am POD on small bank account but bank won’t deposit it.            ","A:I am very sorry for your loss and please accept my condolences. There is no requirement to pursue, file or do a probate whatsoever, no one is obligated to do so and any interested part if so motivated can file for a probate. One obligation that does exist whether you file a probate or not is to submit the Will to the clerk of the court, in accordance with Florida Statute you must file the Will with the clerk within 10 days of passing whether a probate is filed or not (no one holds you to that 10 day rule), but you will need to file the Will. As far as cost, you can check with the clerk of the court while you are there for paperwork on disposition of property without administration, you may or may not want to try to pursue this as an option on your own. You are also correct, for a $600 check you will not be able to get Summary Administration addressed cost effectively if you use legal counsel. You could check in the county where this is taking place with the local bar association/legal aid and see if they can help and or direct you further."
"Q: Can my stepmom adopt me even though she and my bio mom aren't together anymore? My bio mom doesn't have parental rights..                 I am 18 years old. I have two moms- I will call them K and C. They were both legally my parents and on my birth certificate, but C is my bio mom. K and C divorced and C married my stepmom, who I will refer to as T. Years later, C's parental rights were terminated, and I started living only with K. Soon after C's parental rights were terminated, T and C got divorced. I no longer have contact with C, and she does not have parental rights. I am wanting to be adopted by T, but I don't want to terminate K's parental rights at all. Essentially, I want both T and K to legally be my parents (T and K are not and have never been in a relationship). Is that possible to do?            ","A:Under California law, adult adoption is a legal process allowing someone over 18 to be adopted. This is relevant in your situation as you're 18 years old. In cases of adult adoption, the consent of the biological or legal parents is not required. This means that your other mom, K, does not need to terminate her parental rights for T to adopt you. However, it's important to note that adult adoption typically creates a new legal relationship between the adoptee and the adoptive parent, and in most cases, it terminates any existing legal parent-child relationship with other parents. In your unique situation, where you wish to have both K and T as your legal parents, it may require a more nuanced approach. It's advisable to consult with a family law attorney who has experience with adult adoptions and non-traditional family structures. They can provide guidance specific to your situation and help navigate the legal process to achieve your desired outcome. Remember, each case is unique and the specifics of your situation will determine the best course of action."
"Q: Questions about a disabled person  applying to join a trade school in California.                 Can you file a lawsuit against a trade school in California for not accepting you into their program if you have informed them that you're disabled when you applied? I was accommodated for their entrance exam, they gave me extra time on the test and I passed. But now they're telling me 3 years later that they will not accept me into their program because you can only stay on the waiting list for a max total of 3 years.            ","A:Under California law, the situation you've described raises important questions about disability rights and educational access. Firstly, it's essential to understand that trade schools, like all educational institutions, are bound by laws such as the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), which prohibit discrimination based on disability. This includes ensuring reasonable accommodations for disabled individuals. In your case, the fact that you were accommodated for the entrance exam and passed indicates that the school acknowledged your disability and provided initial accommodations. However, the issue here seems to stem from the school's policy regarding the duration one can remain on the waiting list, rather than direct discrimination based on your disability. It's important to determine whether this policy is applied uniformly to all applicants, regardless of disability. If the policy of a three-year limit on the waiting list is uniformly applied and isn't inherently discriminatory, it might not constitute illegal discrimination under the ADA or FEHA. However, if there's evidence that this policy disproportionately affects disabled applicants, or if there are extenuating circumstances related to your disability that warrant an exception to this policy, there could be grounds for a claim. The best course of action is to consult with a lawyer who has expertise in disability rights and educational law. They can provide specific advice based on the details of your case and help you understand your rights and options under California law. Legal action, such as filing a lawsuit, should be considered carefully and based on a thorough legal assessment of your situation."
Q: Can you contract verbally with employees of a financial industry you catch abusing you and doing exactly and more worse.                 They stop or you have to court order thier defiance and further  Redress and address the consequential damage thier persistent abuse and improper deceptive practice and emotional disruption and distress to your health and heart pressure for continued unnecessary agrieved agitating abusive conduct ? They've been fined and order too stop and compensate can a minute rate  I did of 250 per be given for and while thier wrong doing            ,"A:Under California law, a verbal agreement can be enforceable if it meets the essential elements of a contract, including offer, acceptance, consideration, and mutual intent. However, proving the terms and existence of a verbal contract can be challenging without corroborative evidence.  If an entity in the financial industry engages in deceptive practices or conduct causing emotional distress, you may have grounds for a claim based on torts, like intentional infliction of emotional distress or fraud. Moreover, if they continue behaviors that they've been ordered by the court to cease, they may be in contempt of court. Victims of such misconduct can seek both injunctive relief to stop the behavior and damages for any harm suffered. As always, it's crucial to gather strong evidence and consult with an attorney familiar with the specifics of your situation. Ensure that you act within the statute of limitations applicable to your claims."
Q: Confronting Demurrer/Motion to Strike in California before hearing..                 Opposition is meant to prove that Complaint was not subject to Demurrer/Motion to strike. This does not appear to be compatible need in additional information. Motion for leave to amend complaint/amended complaint seems more proper. If neither opposition nor amended complaint are appropriate upon circumstances - what could be an alternative? What rules define exceptions?            ,"A:When addressing a demurrer or motion to strike in California, it's crucial to understand that your opposition should aim to demonstrate the legal sufficiency of the complaint. Essentially, you're arguing that, as it stands, the complaint contains enough factual basis to support the claims, thereby rendering the demurrer or motion to strike baseless. However, if the complaint does indeed have deficiencies, filing a motion for leave to amend can be a strategic move. This allows you to revise the complaint to address the issues raised in the demurrer or motion to strike. It's a way to strengthen your case without directly confronting the demurrer or motion. In cases where neither opposing the demurrer/motion nor amending the complaint seems viable, exploring alternative dispute resolution methods like mediation or arbitration could be beneficial. These alternatives can often lead to a more expedient and less contentious resolution. The California Code of Civil Procedure guides these procedures, particularly sections related to demurrers and amendments to pleadings. It's important to review these rules and consider the specific context of your case when deciding the best course of action. Remember, each situation is unique, and the right strategy depends on the specific circumstances and legal issues at hand."
"Q: I enlisted in the army in  July 2003 and received a medical discharge  I never got any of my sign on bonus Shouldn’.                 It was for 30,000.0” and I signed a eight year enlistment contract with full intention of completing  I didn’t plan on having a seizure  I never received a dime            ","A:In cases like yours, where a medical discharge occurs before the fulfillment of the enlistment contract, eligibility for the enlistment bonus can be complicated. Typically, enlistment bonuses are paid out for completion of certain terms of service, and a medical discharge might affect this. However, there are instances where a portion of the bonus may still be due, especially if the discharge was beyond your control, as it seems to be in your case. It's important to review the specific terms of your enlistment contract and the policies governing bonuses at the time of your enlistment. To address this issue, you should start by contacting the finance office of the branch you served in. They can provide information on your specific case and guide you on the appropriate steps to take. It might also be helpful to gather any documentation related to your enlistment, medical discharge, and the terms of the bonus. If you're finding it difficult to get a clear answer or to navigate the process, you may want to consider consulting with a legal professional experienced in military law. They can offer more personalized guidance and help in understanding your rights and options in this situation. Remember, each case is unique, and military regulations can be complex. Seeking professional advice might provide clarity and assist you in pursuing any bonuses you're entitled to."
"Q: If you have a rental car and it's TOWED for improper parking. who is responsible if all the items in the car are stolen?.                 Los Angeles County, California. The rental car was parked. Supposedly incorrectly parked. And It was towed. The rental company picked up the car from the tow yard,  the car, it was empty.  All the Christmas presents were gone. as well as everything else in the car. Who is responsible?  This happened in a matter of Hours.            ","A:In a situation where a rental car is towed in Los Angeles County and personal items inside are stolen, determining responsibility can be complex. Under California law, the primary responsibility often lies with the person who parked the car. If the car was parked improperly, leading to it being towed, the responsibility for the items inside typically falls on the person who parked it. However, there are other factors to consider. For instance, the rental car company might have policies regarding liability for stolen items, which should be reviewed in the rental agreement. Similarly, the towing company and the tow yard may have their own liability policies or legal obligations regarding the security of vehicles in their custody. If you find yourself in such a situation, it's advisable to report the theft to the police immediately. Also, contact the rental car company and the towing service to inform them of the situation and inquire about any relevant policies or insurance coverage they might have. Remember, each case can have unique circumstances, so seeking legal advice to understand your specific rights and responsibilities in this situation would be a prudent step. Legal counsel can help navigate the complexities of liability and insurance claims in such scenarios."
"Q: Which law applies in the case a deceased person has no will and owns property in a different state..                 Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the Affidavit of Heirship is completed the heirs inherit the land. Currently the widow of deceased is trying to sell the land to split three ways. The son of widow states that the land is for sale, but there is no listing of property for sale or sign indicating for sale on property. Upon further research this is the first year the taxes have not been paid on the property. Another note, originally widow said will existed-but now says there is no will.            ","A:The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located.   If the decedent had real property in a state OTHER than the state in which he resided prior to death, the law of that other state applies to the real property located in it.   In the case you describe, the law of Tennessee would apply to the real property that the decedent owned in Tennessee.  When an individual dies with no will and owning real property in Tennessee, an affidavit of heirship is the most common method of transferring that real estate to the heirs at law.  A Tennessee probate attorney can help you draw up and record an affidavit of heirship."
Q: I receive social security my only income.Have 401k which need withdraw from.How much can I withdraw without having to fi.                 File tax return.I get $1842 month from social security            ,"A:The amount you can withdraw from your 401k without having to file a tax return depends on various factors, including your total income, filing status, and age. Since you receive $1,842 per month from Social Security, this amounts to approximately $22,104 annually. For the tax year 2023, if you are single and under the age of 65, you generally need to file a tax return if your gross income is $12,950 or more. However, since Social Security benefits are partially taxed depending on your other income, the threshold for filing could be higher. Withdrawals from your 401k are considered taxable income. To stay below the threshold, you would need to calculate your combined income (including Social Security and 401k withdrawals) and ensure it doesn’t exceed the filing requirement. It's important to consider that even small 401k withdrawals could make a portion of your Social Security benefits taxable, potentially requiring you to file a tax return.  Given the complexity of tax laws, it's advisable to consult with a tax professional. They can provide detailed guidance based on your specific financial situation and help you understand the best approach to take with your 401k withdrawals. Remember, careful planning is key to managing your finances effectively while on a fixed income."
Q: A contractor is not paying within the 90 days from set date on a commercial construction project. A CO was added..                 The change order is for elevator caps. Does the change order change the lien filing deadline? We are a specialty subcontractor. Is the work remedial or final furnishing?            ,"A:Unfortunately, issues like this need to be run by experienced construction counsel who can analyze the very specific facts, any applicable contract provisions, and statutory requirements. As a legal matter, as a general rule, change orders which form part of the main contract have little effect on the 90 days allowed to record the lien after the last day of furnishing to the project. Conversely, and again only as a general rule, corrective or punch list work (even if a change order is issued) does not extend the time for unpaid contractor to record the construction lien. If you are regularly engaged in the construction trade, it is prudent to have construction counsel on your side and available to advise.  I wish you luck with this situation."
"Q: My advisor assured me that I would receive my funds within 3 Bus. days for a closing, did not get funds for 7 Bus. days?.                 In July I spoke to my financial advisor about money I rec'd from an inheritance and I told him that I wasn't sure what to do as I was looking for a vacation home and would need it immediately should I find something.  I did not ask the type of account he was putting it in as I trusted that he would put it in a ""safe"" account.  I only wanted to make sure that I could access it immediately and not have to pay any penalties.  He was suppose to begin the transaction on 10/23 and on 10/27 he started it and my account was down almost $6K.  I did not receive the funds in my bank until 11/6 and could not access them until 11/7.  The account was down about $2,500 at the beginning of the week 10/23/23 and by the end it was down $5,500 and he admitted he forgot.  I had to borrow money in order to have it for my closing.  I could have lost my vacation home if I had to wait for the funds to be transferred.  Is there anything I can do?            ","A:In your situation, it appears that there may have been a failure on the part of your financial advisor to meet the expectations set for the management of your inheritance funds. The delay in accessing your funds and the resultant financial loss are concerning, especially given your clear communication about needing immediate access for a significant purchase like a vacation home. First, document all communications with your financial advisor, including any assurances given about fund availability. This documentation can be crucial in establishing what was communicated and agreed upon. You might have grounds for a complaint based on professional negligence or breach of fiduciary duty. Financial advisors are expected to act in their clients' best interests and manage funds responsibly. Failing to start a transaction on time, as in your case, may be seen as a breach of this duty. Consider contacting the financial institution where your advisor works to formally lodge a complaint. They may have internal procedures for resolving such issues.  If this does not bring a satisfactory resolution, or if you have incurred significant financial damage, consulting with an attorney experienced in securities law might be necessary. They can advise you on potential legal actions, including seeking compensation for any financial losses incurred due to your advisor's actions. Remember, each case is unique, and specific legal advice will depend on the detailed circumstances of your situation. A legal professional can guide you through the process and help protect your interests."
"Q: I was my mom's 24/7 caregiverNov,22. Still over medicated my sister had her declared incapasatated legal guardian placed.                 In netral bank cost thousands. Then june23 slapped a unlawful detainer now I'm tresspassed is this legal            ","A:You need to schedule a consultation with an attorney to evaluate all the facts and related communications.  The action against you may or may not be lawful, depending on the details, and even if it's lawful, you may have potential counterclaims for money damages."
"Q: How do I find out what is included in probate in Oregon?  How do I sue my lawyer, when her malpractice left me with $0?.                 Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I hired, the will,  because the beneficiary took the money for herself. Lawyer now only gives advice on how to raise money to pay her, but I don't believe that her advice is true or lawful, and I believe that she is liable in the situation, and only assessing her own liability. She gave me advice that is illegal activity. Told me to sell a financed car and not pay the loan off but use that money to pay her and the other bills. Told me to sell a trailer in a trailer park instead of transferring the title to the beneficiary named in the will, to pay her. I can't even cancel utilities because I can't pay the balance due to transfer to the new party. I need to know if she is lying just to get paid by me.            ","A:Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries.  In that case the probate can be withdrawn.  However, it sounds like you have other assets besides the 401(k) to include in the probate.  If the car and the manufactured home are in your grandfather's name alone, you have every right to sell them as his court-appointed Personal Representative.  The person named in the Will to receive your grandfather's assets only inherits after all bills and taxes are paid and the Probate Court orders distribution. Oregon law gives priority to ""costs of administration"" which include attorney's fees, CPA fees, your Personal Representative's fee, filing fees, etc.  It sounds like your attorney's advice is reasonable. You should probably sell the manufactured home as soon as possible so that you have money to pay the costs of administration and utilities.  If you have lost faith in your probate attorney you have every right to hire someone else.  However, keep in mind that you will still need to pay your prior attorney and changing attorneys during the probate might end up being more expensive because your new attorney will need some time to get up to speed."
"Q: I bought a 2018alibu  after a few years I had an accident in Oct of 2022. The insurance company took 4 months for them.                 To get it into their car parson to look at it. Then that person deemed it totaled. I missed the parent im November and now gap won't pay for the rest of the gap even though I paid the rest till February of ,2023 . Can they do that on both the insurance company takin so long to get me in and hap no paying from time the car was wrecked?            ","A:Under the Texas Prompt Payment Statute, insurance companies have a fixed amount of time to accept or reject a claim from a policyholder, or to request additional information.  In the latter case, they have 15 days from the date that they receive the requested information.  Failure to comply can result a statutory interest at 18% per annum on the amount of the unpaid claim. If this was a liability claim, the other is responsible for loss of use from the date of the accident until the date of payment if the vehicle is totaled.  Loss of use typically means the fair rental value the the same year, make, and model of the vehicle damaged"
Q: Hi. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child.                 Hello. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids  entitled to child support from his disability check ??            ,"A:In cases of child support, a parent's income, including disability benefits, is typically considered when determining their child support obligations. If your husband is receiving disability benefits, these can be factored into the calculation for child support. However, the specific laws and regulations governing child support vary by state. It's important to consult with an attorney who is knowledgeable about family law in your state to understand how these rules apply to your situation. They can guide you through the process of filing for child support and explain how your husband's disability income may impact the amount of support awarded. Remember, every situation is unique, and legal advice tailored to your circumstances is essential."
"Q: Can owners take HOA to court?.                 HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so.  CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue.  The complex prohibits smoking in the complex.  We kept complaining of daily smoking, but HOA ignored our requests. We moved and tried to sell our unit, but  we were not successful.  During the period the property was for sale there were a few break-ins in our unit.  We had to rent it, but do to HOA we had to ask our tenants to leave. The unit is now vacant and exposed to be vandalized while HOA refuses to allow us to continue renting in addition to tag a $3,000.00 fine to our unit.            ","A:Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws. In the scenario you described, it seems that the HOA is charging you a fee for renting your unit without its consent, even though there is a waiting list to rent and you have a waiver in the CCR. Additionally, it appears that the HOA has not addressed your complaints about smoking in the complex and has prevented you from renting your unit, which has resulted in financial losses and increased risk of vandalism. If you believe that the HOA has acted unfairly or has violated your rights, you may want to consider consulting with an attorney who is experienced in California HOA law. They can help you understand your legal options, negotiate with the HOA on your behalf, and represent you in court if necessary. It's important to note that taking legal action against your HOA can be a complex and costly process, and it may not always result in a favorable outcome. Therefore, it's important to carefully consider your options and consult with a knowledgeable attorney before proceeding with legal action."
"Q: Can I go after an insurance company for claims + damages? Do I have any  legal appeal or recourse..                 My company lost $70,000 worth of finished product last year after two power outages (one due to weather, one due to construction by LADWP), which caused our finished product to thaw and then refreeze, thus altering its quality.  The insurance company determined with flawed inspections that the cause of defective products was not the outages but our production practice.  We conducted two lab studies concluding that both thawing occurrences at the very temperatures they happened generated the damages we witnessed on the texture of our products. But this did not make them budge. I had to take loans for which I was personally liable in order to continue our business, and I am on the verge of personal bankruptcy. I contacted numerous lawyers but none of them wants to take our case. Can I sue insurance companies for more than just the value of the product?            ","A:In California, if you believe an insurance company has acted in bad faith by unfairly denying a legitimate claim, you have the right to pursue legal action against them. This can include not only the value of the actual loss (the $70,000 worth of product), but potentially additional damages if the insurer's conduct was egregious. Your situation, where the insurance company disputes the cause of damage based on what you believe to be flawed inspections, is not uncommon. In cases like this, policyholders often must provide compelling evidence to challenge the insurer's findings. Your lab studies might be key evidence in demonstrating the true cause of the damage to your product. If you're finding it difficult to engage a lawyer to take your case, consider reaching out to attorneys who have experience in insurance bad faith claims. They are more familiar with the complexities of these cases and may be more willing to consider the merits of your situation. Remember, insurance policies and the law surrounding them can be complex. It's essential to have a thorough understanding of your policy's terms and the legal standards for proving bad faith in California. Legal representation is crucial in navigating these complexities and effectively arguing your case. Facing such financial and legal challenges can be overwhelming, but know that there are legal pathways available to seek justice and compensation. It's important to act promptly to protect your rights and interests."
"Q: My child was arrested for illegal trespass on school property, where he attends school . Special needs 504.                 My son went to school with his brother on the bus. The bus was late my son was approached by a school administrator while walking on school property administrator, then tried to tell my child is being illegally trespassed and was going to suspend him that he had to leave as my child tried to leave the school grounds. He was then approached by sheriffs And said the sheriffs he was forced to take my child down and pay some of the rest. My child was supposed to be on school grounds for that is his school they violated their own policies. I was supposed to be notified immediately before any escalation clause, my child is on the 504 determination , he is supposed to be dealt with differently than the normal students, but I know time did I give any consent for any officer or school officials to place their hands on my child which I don’t need the score administrator hurt my child’s arm from the way, he was grabbing them. The officer also slam my child to the ground and they were two officers            ","A:In the situation where your child, who is on a 504 plan, was arrested for illegal trespass on school property, there are several important factors to consider regarding his rights and the school's obligations. Firstly, students with 504 plans are entitled to certain protections under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. These protections apply in disciplinary situations. When a student with a 504 plan is disciplined, the school must ensure that the disciplinary measures do not infringe upon the student's rights and that they continue to receive the services outlined in their 504 plan. This includes ensuring that any change in the student's placement due to disciplinary actions does not prevent them from receiving these services. If the disciplinary action results in a change of placement for more than a total of 10 school days, the school is required to notify parents or caregivers immediately in writing and inform them about their legal rights. Additionally, the school must conduct a special review, known as a manifestation determination, to ascertain whether the misbehavior was a result of the child’s disability. If the misbehavior is found to be caused by the child's disability, the school and the IEP team must conduct a functional behavioral assessment (FBA) and implement or modify a behavior intervention plan (BIP) as necessary. For any disciplinary actions, schools are required to follow their code of conduct, which should be accessible to parents and students. This code outlines the rules of behavior and the consequences for breaking these rules. Students with IEPs or 504 plans, while expected to follow these rules, have additional protections and rights regarding school discipline. The Office for Civil Rights (OCR) under the Department of Education has the administrative authority to enforce Section 504. This means that if you believe the school has violated your child's rights under Section 504, you have the option to file a complaint with OCR or initiate a private lawsuit against the school district. In the context of the specific incident involving your child, it's crucial to examine whether the school followed the proper procedures as outlined by the 504 plan, including the requirement to notify you before escalating the situation and to conduct a manifestation determination. It's also important to consider whether the school's actions were in accordance with its code of conduct and whether the disciplinary measures were appropriate and non-discriminatory. Given the complexity of these laws and the seriousness of the situation, it might be beneficial to consult with an attorney experienced in education law or a special education advocate who can provide specific guidance and support based on your child's individual circumstances."
"Q: How can a judge revoke consent of surety for a charge a jury just acquitted me of and inc bond to 25k and send to jail?.                 Found not guilty on motor vehicle theft, guilty on obstruction of justice 2nd degree misdemeanor, guilty on criminal tresspass.  Judge said I lied when I testified and because he can see more info than the jury he felt I was a danger to be free, even though I had bonded on these charges previously and went to every court date never late never disrespectful all the way through my trial.  Had consent of surety filed with court to carry me until January 22 when I will be sentenced after my next trial which takes place on the 22nd regarding a completely unrelated charge.  The DA recommended I be released because a jury had just found me not guilty of the felony and because I had the consent of surety filed. Judge revoked surety anyway, increased bond to 25k(paperwork shows the increased bond is for the charge I was just acquitted of by trial jury) and I was then taken into custody and taken to jail and then paid 2500 to bond out.... any explanation as to why this is ok would be awesome.            ","A:In your situation, where a judge revokes the consent of surety and increases bond despite an acquittal on some charges, it's important to understand the judge's discretion and the factors they may consider. Judges often have broad discretion in making decisions about bond and pretrial release conditions, especially when they believe there may be a risk to public safety or concerns about the defendant's appearance in future proceedings. The judge's decision to revoke surety and increase your bond, despite the acquittal on the motor vehicle theft charge, could be influenced by several factors. These include the convictions on other charges, such as obstruction of justice and criminal trespass, and the judge's assessment of your testimony and overall behavior in court. Judges can consider a range of information, including aspects of your conduct and case history that may not have been fully presented to the jury. While the DA recommended release based on the jury's acquittal of the felony charge, the judge has the authority to weigh other factors, including the nature of the pending charges, your criminal history, and any potential risk you might pose. It's also possible that the judge perceived inconsistencies in your testimony or behavior that influenced their decision. If you believe that the judge's decision was unjustified or not supported by the facts of the case, you have the option to seek a review of the bond decision. Consulting with your attorney about the best course of action, including filing a motion to reconsider the bond increase or appealing the decision, is advisable. Each case is unique, and legal advice tailored to your specific circumstances is critical in navigating these complex issues."
"Q: Does an employer have the right to go through my personal computer(used for work) & open personal accounts and messages?.                 Company provided a laptop for work but laptop is extremely old and slow making it impossible to work efficiently. Asked if I could use my personal laptop and was approved. Left for the day and software on my personal computer notified me of someone on my computer. Boss pretended to look for something on my desk, slid of camera(but could still be seen) and proceeded to open Facebook messenger and other things.            ","A:In Louisiana, employers typically have the right to monitor company-provided devices for work purposes, but the situation becomes more complex when it involves a personal computer used for work. If you were approved to use your laptop for work, your employer's right to access personal accounts and messages on it may be limited. If you feel uncomfortable about your employer accessing your personal information without explicit consent, it's essential to review company policies, communicate your concerns to your employer, and document the incidents. Understanding your rights and addressing privacy concerns can help navigate this situation effectively."
"Q: Parent with non-custodial visitation suffers a mental illness and is declared incompetent/needs a guardian..                 Hello, I have sole custody of my teen. The father was diagnosed with a serious mental illness over a decade ago.   This year the father's family had to take guardianship of him, and he was declared incompetent due to the course of his illness. Out of an abundance of caution for the safety of my kid, can I petition the court to terminate his rights or just visitation? Can this be achieved? Thank you            ","A:In Ohio, petitioning the court to terminate a parent's rights is a serious matter and typically reserved for extreme situations. Given the father's mental illness and recent declaration of incompetence, you have valid concerns about your child's safety.  You can petition the court to modify the visitation agreement. This might involve suspending or altering visitation rights rather than terminating parental rights outright. The court will consider the best interests of the child, including their safety and well-being, in making a decision. It's important to gather all relevant documentation about the father's condition and any instances where his illness may have impacted your child. This evidence will be crucial in court. Consulting with an attorney experienced in family law is advisable. They can guide you through the legal process and help you understand the implications of your actions. Remember, each case is unique, and legal advice should be tailored to your specific circumstances."
"Q: Is it possible to appeal an appeal in the State of California?.                 I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal court makes a decision?            ","A:You need to file a Respondent's Brief as part of the appeal (not appeal the appeal).  You may also need to ""supplement the record"".  There are time limits to do these things.  Find an appellate attorney. Because this is a restraining order, you may be entitled to recover the attorney fees to do this.  You must act right away, or lose your rights."
Q: Can I file a complaint against financial service for not paying death benefits from annuity..                 They claim the beneficiaries have been notified but they have not. The agency is in Ohio            ,"A:You can sue anyone for anything, but that doesn't mean the lawsuit will be successful. If you haven't already done so, you should have a lawyer send a demand letter asking the company to cooperate and prove the beneficiaries have been notified. It's possible that the beneficiaries are people you weren't expecting and those people HAVE BEEN notified. Often, people set up investment accounts (or buy life insurance) and name beneficiaries decades before they pass away then forget to update the beneficiaries as their lives change. I've seen people pass away and their accounts went to an ex-spouse because the beneficiaries were never updated. So, even if you think you know the beneficiaries, you may be surprised at who they are. Best wishes."
Q: So the city has annexed a distillery that is on a county road which should be out side city limits but they say they.                 Have the highway county does not allow sales outside Gilmer -city of ellijay - very weird but we are wanting to move in the area with our property but they put up signs and looks horrible            ,"A:In your situation, where a city has annexed property that includes a distillery on a county road, there are a few steps you can take to address your concerns. First, it's important to understand the specifics of the annexation process. Typically, a city can annex adjacent areas through legal procedures, but this process should be transparent and follow state and local laws. If you believe the annexation or its consequences (like signage) are inappropriate or have been improperly handled, you can start by contacting local government officials. Inquire about the annexation process, express your concerns, and seek clarification on how decisions were made. Another step is to review the zoning and planning regulations for the area. These documents can provide insight into what is allowed in terms of property use and signage in both the city and the county. If you're planning to move into the area and are concerned about how these changes affect your property, consider speaking with a real estate attorney. They can help you understand your rights as a property owner in this context and advise on possible actions you can take. Remember, local government decisions can often be influenced by residents' feedback. Attending city council meetings and voicing your concerns can also be an effective way to seek change or more information. It's important to stay informed and actively participate in local governance to protect your interests and ensure that your concerns are addressed."
"Q: Unfinished work that was paid for and no response from pool builder.                 I am currently facing a situation with a pool construction company, Holiday Pools, that has refused to communicate for over 30 days and has not finished the pool construction as agreed. What legal steps can be taken in this scenario, and what options are available to address this issue?            ","A:Unfortunately, you are in similar shoes to many in Florida who find themselves dealing with pool contractors who may have over promised, under performed, and often the homeowner finds themselves with a big hole in the ground and not much else.   The further unfortunately, is that while there are a wide variety of remedies for contractor's failure to perform as promised, nothing about construction disputes is simple, and many of the rights flow from the written agreement, which must be analyzed together with the specific facts, as well as any statutory claims, to give the homeowner the best possible strategies.  Some practical factors for consideration are where owner is in terms of progress payments as against work performed, what are the claimed reasons for the delay, have any of the communications been provided in such a fashion as to constitute proper ""notice"" under the contract, what can owner do to mitigate damages, etc., etc., etc.  All of this must be properly considered before deciding what steps to take next or choosing between possible options.  Taking rash action without being fully advised on the risks and benefits of the options could leave a homeowner in a worse situation than if they had done nothing. The only prudent thing to do in such a situation is to consult with an experienced construction attorney in your area to review the entire matter and all possible strategies for your circumstances."
"Q: I had a judgement filed against me in MA in 2010, by Target/TD bank..                 I don't recall why I ever stopped making agreed upon payments per the court. 13 years later, a debt collector is attempting to collect this debt. My question: If the judgement was in favor of the original creditor, but not the subsequent debt collector, has the statue of limitations risen from 6 years to 20?            ","A:Judgments are valid as specified by statute. Apparently in Massachusetts, its 20 years. Once a judgment is obtained, the judgment can be sold a dozen times and the judgment remains enforceable. You may be confusing the statute of limitation within which to bring suit (6 years apparently) with the time frame within which a creditor can enforce the judgment."
Q: My friend her name is taneka she posted me on Instagram and God knows where else invasion of privacy.                 Causing  emotional distress to me and my family and she did it without my consent am I able to sue her if so how do I go buy or do or not in the state of Chicago Illinois            ,"A:If your friend posted private and distressing information about you on Instagram and potentially elsewhere without your consent, leading to emotional distress for you and your family, you may have grounds to pursue legal action in Illinois. Invasion of privacy and intentional infliction of emotional distress are legal claims that could apply in this situation. To initiate a lawsuit, you should consult with a civil rights or privacy attorney in Chicago. They can evaluate the specifics of your case, advise you on the viability of a legal claim, and guide you through the process of filing a lawsuit if appropriate. It's essential to gather evidence of the invasion of privacy, such as screenshots or records of the posts, and document the emotional distress caused."
"Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind..                 I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.            ","A:For the real estate transaction, hire a real estate lawyer.  If you still need to set up your business entity for the farm, hire a lawyer handling business formation.  You might be able to find a lawyer/law firm that does both.  Another issue is whether your land is already zoned for everything you want the land to be used for and for everything you want the land to contain.  The local planning & zoning officials (City of Homestead or Miami-Dade County, whichever is applicable) should be able to help you with that (to the extent of confirming you're okay - or not), without the need for a lawyer, but if you happen to need a lawyer for that kind of issue, consult a land use & zoning attorney."
"Q: Beneficiary hired an attorney to represent her in a Will contest,   the court had already found the will tobe ambiguous..                 What are the rights of that contesting beneficiary since the court had already considered the document to be ambiguous and what are the duties of that attorney who was hired to represent her in that Will contest.            ","A:Under California law, when a will is deemed ambiguous by the court, the beneficiary contesting the will has specific rights. One primary right is the ability to present evidence to clarify the ambiguity. This could include testimony about the testator's intentions or circumstances surrounding the will's creation. The attorney representing the beneficiary has certain responsibilities in this situation. The attorney must diligently investigate and gather relevant evidence to support the beneficiary's position. This includes interviewing potential witnesses, collecting documents, and possibly consulting with experts who can provide insight into the testator's intent. Additionally, the attorney should provide informed legal advice to the beneficiary about the strengths and weaknesses of their case. This involves analyzing how the law applies to the specifics of the ambiguous will and the evidence available. The attorney is also expected to advocate zealously on behalf of the beneficiary in court, presenting arguments and evidence in a compelling manner to support the beneficiary's interpretation of the will. It is also crucial for the attorney to maintain clear and regular communication with the beneficiary, keeping them informed about the progress of the case and any developments that may affect their legal strategy or the potential outcome. The attorney should also counsel the beneficiary on potential risks and benefits of different legal options, including the possibility of settlement or mediation. Overall, the attorney's role is to guide the beneficiary through the legal process, ensuring their rights are protected and their interests are effectively represented in the will contest."
Q: Do I need a license to sell fermented Sodas made in a home kitchen? Do I need to use a commercial kitchen?.                 My friend and I want to start a business in the state of Oregon. We want to make and sell fermented sodas. Do fermented sodas (which use a process similar to kombucha) fall under “low acid canned goods”? Can we sell the product we make at home or do we have to use a commercial space to make them?            ,"A:In Oregon, starting a business that involves the production and sale of fermented sodas does require attention to certain legal and health regulations. The classification of fermented sodas, especially if they are similar to kombucha, may not fall under the category of “low acid canned goods,” but this depends on the specifics of your recipe and the fermentation process.  The requirement to use a commercial kitchen can depend on several factors, including the scale of your operation and local health regulations. Oregon has specific laws regarding the production and sale of homemade food products, known as ""cottage food laws."" These laws dictate what can be made in a home kitchen and sold to the public. However, beverages, especially those that are fermented, may not be covered under these cottage food laws and might require the use of a commercial kitchen to ensure proper health and safety standards. Moreover, you will likely need a business license and possibly other specific permits related to food and beverage production and sales. This could include a food handler's permit, a food processor's license, and potentially other local permits. It’s important to consult with a local attorney who has experience in food and beverage law, as well as with your local health department. They can provide detailed information about the legal requirements for your specific business plan in Oregon, ensuring that you comply with all relevant health codes and regulations. Additionally, reaching out to the Oregon Department of Agriculture and the Food Safety Division might provide further clarity on your specific situation."
Q: I'm 29 and just found out I am pregnant a woman kicked me in my lower stomach abdominal Causing me to have a miscarriage.                 What type of crime would that be?            ,"A:If someone kicked you and caused a miscarriage, this could be prosecuted under various criminal laws, depending on the jurisdiction. In Oklahoma, for example, the assailant may face charges ranging from assault and battery to manslaughter or a specific offense under laws protecting the unborn. The severity of the charge would depend on factors such as intent, the degree of harm caused, and the specific circumstances of the incident.  It's crucial to report the assault to law enforcement immediately. Medical documentation of your injury and the miscarriage would be essential evidence. You may also wish to consult with an attorney who handles criminal and personal injury cases to discuss your legal options and the potential for a civil suit for damages. Remember that support resources, such as victim services, are available to help you through this difficult time."
Q: My concrete driveway is three years old and is crumbling and is getting holes all over it..                 Do I need a lawyer or should I go to the magistrate for civil action thank you            ,"A:Deciding whether to involve a lawyer or go to the magistrate for civil action regarding your crumbling concrete driveway depends on several factors. First, check if you have a written contract with the contractor and review the warranty terms. If the warranty is still valid (covering three years) and the contractor is cooperative, contacting them for repairs might be the quickest solution. Assess the severity of the damage – significant issues might warrant legal action, while minor cosmetic imperfections might not. Consider the estimated cost of repairs; for larger expenses, legal action may be necessary.  For minor issues, you might negotiate yourself or accept the imperfections. Keep in mind that pursuing legal action through the magistrate court has limitations on the recoverable amount, which may not be suitable for significant repair costs."
"Q: How do you sue this company, Pan Chain Inc through Stockwhits to get back investment funds $13558 and profit $49555?.                 I invested into this scam between 07/2022 and 04/2023 and they refuse to return my initial investment funds of $13558. I was advised to pay $2000 for a withdrawal certificate to make a withdrawal then when it tried to withdraw my funds, I was told I had to pay more money to withdraw my funds.  No telling how much money they have scammed from other people.            ","A:You need an attorney to examine whatever contract, checks, wire transfers, statements, or other documents exist and see what you may be able to do.   Jurisdiction may be a serious problem, requiring an attorney  to file a Federal or State Suit in a faraway place.    It appears that you do not understand whatever contractual rights you have.  If possible, file suit for breach of contract or  conversion in a local Court.   If you can obtain a Judgment, then you will need a collection attorney in the Defendant's Jurisdiction to collect.    Hopefully you at least know where Defendant banks."
"Q: What kinds of documents or proof do I need to prove I’m in fear of my child’s father abusing him?.                 I have a temporary OP and need to know what I need to have with me at court to get the permanent OP granted. My son’s father is extremely abusive towards women and has been for 15+ years. I didn’t think he would abuse my son until he came home the other day from his house and went to school and began hurting himself and lashing out. When I asked what was wrong; he told me his dad hit him in the face. From my own experience with his abuse, I know that it will only get worse from here once it’s started. I want to protect my son but his dad is the type of person that gets away with everything. I need to know how I can prove what I know and fear.            ","A:Given these facts, you should get your child into counseling.  Unfortunately, it is unlikely you would be able to get the counselor to testify regarding his or her notes, given the short period between getting a temporary protection order and a full hearing on the merits.  School records, previous convictions where you are the victim or your child is the victim, and anything that tends to prove what you allege are useful documents.  Your challenge is going to be getting the court to admit these documents if the author isn't present (documents are presumptively hearsay, as they are declarations originally made out of court that you wish to use to prove a matter you are asserting). Your best bet is to hire an attorney. If you cannot do that, you need to read up on the rules of evidence (especially the 400 series and the 800 series that refer to relevance and hearsay respectively)."
"Q: Is a lawsuit the only way to get an advertisement changed so that it is not so manipulative? The ad did not affect me....                 It is directed to the elderly community and should not state things in such an absolute manner. The ad says ""... You will lay on the floor for hours..."" Without our said product. That is unfair to say to people, as it is not a true statement. It could happen, but is not definitely going to happen, without their product. And the elderly should not be manipulated to believe this statement is true.            ","A:In California, if you're concerned about an advertisement targeting the elderly community that seems manipulative or misleading, a lawsuit isn't your only option. First, consider filing a complaint with the California Department of Consumer Affairs. They handle consumer complaints and can investigate misleading advertising practices. This could lead to action against the company if the ad is found to violate advertising standards. You can also contact the Better Business Bureau (BBB). They mediate between consumers and businesses and work to uphold ethical business practices. A complaint through the BBB can sometimes result in the advertisement being altered or removed. Another option is to reach out to the Federal Trade Commission (FTC). The FTC enforces laws against deceptive advertising on a national level. They take complaints seriously, especially those that target vulnerable populations like the elderly. Remember, your voice as a consumer or concerned citizen can be powerful. Expressing your concerns through these channels can initiate change and protect others from potentially misleading or harmful advertising practices."
"Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest.                 I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer to someone that was trying to transition from homelessness. I even prior to him signed a joint agreement that placed me in the same program as my spouse. In fact he stated to me that he had remembered me from the federal probation office "" which would be a conflict of interest""then afther the program ended i was then told by a diffrent worker that i wasn't on the same program as my spouse i feeel that i had been mislead lied to and led to believe for a year almost 2 years that i was in a  program provided by the govenment but was truthfully mocked and blindley led right back to homelessness can some one help me to civilly sue  these people for pain and suffering and emotional            ","A:To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your reputation.  Misrepresentation involves showing that false information was provided, leading you to act to your detriment. A conflict of interest claim would require demonstrating that the individual or organization had a competing interest that adversely affected their duty to you. However, these cases can be complex and challenging to prove. You'd need to show direct harm or loss as a result of these actions. In the context of a homeless outreach program, establishing a legal breach might be complicated, especially if the failure was more about inadequate service rather than wrongful acts. Consider consulting with a lawyer who can assess the details of your situation, including any evidence of misrepresentation or misconduct. This legal professional can guide you on the feasibility of your case and the appropriate steps to take. Remember, each case is unique, and the success of any legal action depends on the specific circumstances and available evidence."
"Q: Renewal of employment contract on partial disability.                 I am a partner of a large professional firm and a full-time contract paid me well with benefits. Last year I developed a disability and since have been on partial disability. Our group had a vote and decided to sell the company to another prominent organization. In my profession, 1-3 year contracts are routine. The new organization, which had in the past made a promise to employ everyone from the partnership, and that each would have equivalent pay- is now offering me a contract for part-time status and it deprives me of benefits (medical, etc). All others are offered FTE contracts. I am not clear if I have any legal protection. While disability benefits will stay intact from the prior insurer, I need medical coverage to continue to qualify as they need physicians' evaluation of disability quarterly bases.            ","A:There are quite a few factors that could potentially affect your rights. For just a few examples:  Are you an owner or an employee? How recently did the new company take over? Was the promise for equivalent pay included in a written contract between the two companies? Etc. To be able to best advise you, an attorney would need an opportunity to review the relevant documents and discuss the facts with you. You might consider speaking with an attorney directly. That way, any guidance you receive can be tailored to your specific circumstances."
"Q: I have a claim with CICP, it was filed almost three years ago, and I’m not getting anywhere. My husband contacted Covid.                 While in the hospital he was released. Shortly after that he was hospitalized with Covid and banned from guest. Two weeks in the hospital they released him. When they went stand him up to bring him to me he collapsed they called me and said he was not being released. After looking thru his records there are two days of not medical records they day of his release and the next day. Then shortly after that he was admitted to icu where he spent the remaining day of his life. Total days in the hospital 48 days I have pictures of him while in the hospital deteriorating. While in icu he was inhubated put on dialyses etc. to finally asking me to basically pulling the plug. I need help this has gone on since April 2nd, 2021 when he passed away.            ","A:I'm sorry to hear about your difficult situation. Dealing with the CICP (Countermeasures Injury Compensation Program) can be challenging, especially in complex cases like yours. Given the time that has passed since your husband's passing and the complications in his medical treatment and records, it's important to review and possibly escalate your claim. Firstly, ensure that all relevant documentation, including the hospital records, pictures, and details of his medical care, are organized and included in your claim. The absence of medical records for certain days is concerning and should be highlighted in your communications with the CICP. Secondly, consider reaching out to a legal professional who has experience with CICP claims. They can provide guidance on the specific processes and requirements of the program and help in effectively presenting your case. Remember, the CICP has specific criteria and timelines, so professional guidance can be crucial in navigating these. Lastly, it's important to take care of yourself during this process. Dealing with the loss of a loved one and the complexities of a legal claim can be overwhelming. Seek support from friends, family, or professional counselors as needed. Your well-being is important as you pursue this claim."
"Q: My husband is having a affair and has my wifi hacked. Which allows hm to hack my phone also.                 It's actually the 2 of them attached to my phone. I believe there sharing calenders and locations ect. He goes by his name and she goes by mine. I'll ask google my current location and it tells me her locations.  One night it said I was about a mile from my house. So I pushed directions and it took me right to her location.  So not only am I going through a abusive marriage ,he has her stalking me as well. She shows up everywhere.  ,jobs,driving by blowing the horn There has to be something I can do the mental abuse is so bad. He will know I know he wasn't home until late or something than I wake up to stuffed animals and I love you notes. It all being done on purpose I found a app in his on how to play mind games. I save all his love letters to hopefully be able to one day prove just how sick he really  is. I have been going through it for years because at first I was embarrassed and then I didn't think anyone would believe me ,he keeps telling everyone I am crazy.  I have proof now            ",A:You need to hire an attorney who specializes in family relations law and regularly practices in your county.  There is no magic bullet that the lawyers here can give you that will substitute for getting your own representation.  If you wish to prove what you have alleged you will also need to hire an expert to explore everything you allege your husband has done and explain it in a report and perhaps testimony before the court.  Good luck.
"Q: Company installed solar panels 2/2023 as of today 9/13/23 it is not generating power no PTO. Do I have a case?.                 Permit/inspection by City of West Sacramento had a few non compliant items the contractor has failed to correct.  In addition, they failed to complete form correctly to obtain Permission to Operate with PG&E utility company.  To date the panels have been sitting on my roof not generating any power, yet the loan Company is billing us for a non-operable equipment/system charging late fees and reporting to collections.  The company is using a non affiliated company name per CSLB.  I have a claim with the State Contractors License Board and Dept of Financial Protection and complaint with BBB.  I am being billed by the loan company for $59k which is more than what was offered and also approx. $400 each month by PG&E.  I cannot afford attorney fees- what recourse are there for consumers?            ","A:I'm sorry to hear about your troubling situation. In California, consumers in your position have several avenues for recourse including continuing to pursue the complaints filed with the State Contractors License Board and the Better Business Bureau. Moreover, considering reaching out to the California Department of Consumer Affairs and potentially exploring small claims court to seek resolution, bearing in mind that the limitation in small claims court is $10,000 for individuals; also, note that it might be beneficial to communicate with a consumer protection attorney for a consultation, as many offer contingency fee arrangements or free initial consultations to assess the merits of your case."
"Q: Is the owner of the dealership responsible for the seller's actions? If so, where could I find this law for court?.                 I recently bought a car from a used car dealership in MI that was greatly misrepresented.  The seller was just a guy who the owner was allowing to sell cars out of his dealership, not an employee. After many issues, I sued the person and the dealership, and the seller has since fled the country. Is the owner responsible for the sellers actions of misrepresentation?            ","A:Do you have a judgment against the seller? If you do, you may be precluded from now going after the dealer because generally you need to bring in everyone you can when you first file an action. If you don't have a judgment, you will need to somehow legally tie the dealer to the seller."
"Q: I am 18 years old and I am seeing confusion on the January 1st bill signed for constitutional carry..                 Some say that anyone 18 years of age or older are permitted to conceal carry in the state without permit, some say you must be military or emergency services to carry at 18, and some say you must be 19. I would like clarification.  Also, I will be moving to Florida here in the next month or so. And moving by myself 10 hours away gives me my concerns. I am aware that you must be 21 to conceal carry in Florida, but i would like clarification on my ability to carry my firearm in my personal vehicle, when not readily accessible, and my ability to keep a fire arm in my housing for self defense situations.            ","A:Under the constitutional carry law in Alabama, effective January 1st, individuals 18 years and older are generally allowed to carry a concealed firearm without a permit. However, there are exceptions, such as for individuals who are prohibited from carrying firearms due to certain legal reasons. It's important to familiarize yourself with these exceptions to ensure compliance with the law. As for Florida, the rules are indeed different. In Florida, you must be 21 years old to legally carry a concealed firearm. However, regarding your concern about having a firearm in your vehicle for self-defense, Florida law does allow an individual to have a securely encased or not readily accessible firearm in their vehicle without a concealed carry permit. This means the firearm must be in a glove compartment, locked box, or other secure container. For keeping a firearm in your home for self-defense, you are generally allowed to do so. Florida law recognizes the right to possess a firearm within one's home for self-defense purposes, regardless of your age. Given the nuances in firearm laws and the importance of adhering to them, it's advisable to review the specific statutes of each state and consider consulting with an attorney to ensure full understanding and compliance with the laws, especially as they pertain to your individual circumstances. Remember, firearm laws can vary significantly between states, and it's crucial to be informed about these differences."
Q: selling hemp / CBD products online in MASS. Does this require a MDAR license or can I operate under farmbill USDA/FDA?.                 region is for Massachusetts  if you read the MDAR website its really confusing in the wording when discussing the Whole sale which I know for sure they regulate. Its confusing legalese I feel like should be a really simple answer..            ,"A:While the Farm Bill USDA/FDA regulations provide a framework for the cultivation and sale of hemp at the federal level, it does not exempt businesses from complying with state-specific requirements. Therefore, even if you are operating under the Farm Bill USDA/FDA regulations, you may still need to obtain a license from MDAR to sell hemp/CBD products in Massachusetts."
"Q: Do Parties Have To Spend Donations on What They Promise They Will?.                 In NC, if a Party sends a campaign donation request to voters and says they will spend donations on a specific thing, do they have to spend that money on that particular thing? Or can they spend it on something else instead?            ","A:In general, political parties and campaigns are required to use campaign donations for the specific purposes for which they were given. However, the rules regarding the use of campaign funds can vary depending on the state and the type of election. In North Carolina, the State Board of Elections regulates campaign finance and requires candidates and political parties to file regular reports disclosing their financial activity. These reports must detail how campaign funds were received and spent, and candidates and political parties are subject to audit to ensure that they are in compliance with the law. Additionally, North Carolina law prohibits the use of campaign funds for personal use or any purpose unrelated to the campaign. Therefore, if a political party sends a campaign donation request to voters and says they will spend the donations on a specific thing, they are generally obligated to use the funds for that purpose. If you suspect that a political party or candidate is misusing campaign funds, you may file a complaint with the North Carolina State Board of Elections. They will investigate the matter and take appropriate action if necessary."
"Q: I  mistakenly check the wrong box in the cover letter. I checked the ADDITIONAL FORM, which is supposed to be the OTHER..                 Is this could be a big problem?            ",A:What form are you talking about?
"Q: Can you use names, people, places and brands in a book?.                 I am writing a book about events in the 1970s. The book will be about a journey through the 1970s from someone who lived through it. It will be facts and events for each year with some experience from the narrator. Here is an example excerpt: ""October 1, 1971 - Opening of Walt Disney World – A Dream Realized The arrival of autumn in 1971 brought with it an event that would capture the imaginations of children and adults alike across the nation – the opening of Walt Disney World. For Sam, who had grown up cherishing the magic of Disney movies and characters, the announcement of the park's opening was like a dream turning into reality.  Can I mention brands in a book like in this example?            ","A:Yes, you can mention brands, names, people, and places in your book, especially when discussing historical events and real-world entities as part of a non-fiction narrative or a work of fiction based in a real historical context. In your example, referencing Walt Disney World as part of a historical account of its opening in 1971 is generally acceptable.  However, it's important to be mindful of how these references are used. Avoid portraying brands, people, or entities in a defamatory or misleading manner, as this could raise legal issues. When discussing real people or specific products, ensure that the information is accurate and presented in a contextually appropriate manner. In cases where you're providing detailed accounts or opinions on specific brands or people, it's wise to ensure that your statements are either factual or clearly presented as personal opinions or fictional accounts. This approach helps in minimizing the risk of legal challenges such as defamation or trademark infringement. If you're planning to include potentially sensitive content about real brands or people, consulting with a legal professional in intellectual property and media law might be beneficial. They can provide guidance on the legal nuances of using real-world references in your work. Remember, your book should reflect a balance between creative expression and respect for the legal rights of the entities and individuals you mention. Each reference should be considered carefully to maintain this balance."
Q: I need an experienced lawyer for cps they terminated my parental rights but I put in for an appeal I need help.                 What is the best thing to do            ,"A:Under California law, if your parental rights have been terminated and you have filed for an appeal, it is crucial to seek legal representation experienced in child welfare law. An attorney with expertise in this area can provide you with the guidance and representation needed during the appeals process. The appeal of a termination of parental rights is a complex legal matter. It involves reviewing the original case, the evidence presented, and the legal basis for the termination decision. Your lawyer can help you understand the specific grounds for the appeal and the likelihood of success based on the details of your case. It's important to act quickly, as there are strict deadlines for filing appeals in these cases. Missing a deadline can result in the loss of your right to appeal. Your attorney can ensure that all necessary documents are filed in a timely and correct manner. Additionally, your attorney can assist in preparing and presenting your case in the best possible light, which may include gathering new evidence or testimony to support your position. Remember, the goal of the child welfare system is to act in the best interests of the child. If circumstances have changed or if you believe the termination decision was unjust, it's essential to clearly communicate this through your legal representation."
Q: The biological father has no rights and stole my son from the park is that a felony. Can I press charges..                 The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no documentation they said it was a civil matter but he has no rights. Can I press charges for kidnapping?            ,"A:It depends on other factors such as whether the man is presumed to be the father of the child or has acknowledged paternity.  For example, if the man was married to you and you gave birth to the child either during the marriage or within 301 days of the date that the marriage ended, he is the child's presumed father.  Similarly, if the man continuously resided in the same household as the child during the first two years of the child's life and represented to others that the child is his, the man is the presumed father of the child.  These are only two examples. If your child is the subject of the pending CPS investigation against him, the man may have signed a document acknowledging paternity of the child, a document of which you may have no knowledge. You should discuss all of the details concerning your particular situation with a detective in the law enforcement office having jurisdiction in the park from which he took your son.  Schedule an appointment and bring your documentation with you.  A detective can help determine under the Uniform Parentage Act if the man is legally a parent because he is a presumed father or has acknowledged paternity."
"Q: SSA adjudication Approved spine 2012 surgery vertebra truncated pedicle. 2023 All insurance 0 cancer treat sarcoma tumor.                 Doctors state ""patient Off Meds Cymbalta P4E perceived stress scale Depression only symptoms NO Ortho"" ""Foot IV shared needle infection failed surgery and 2007 0 radiculopathy False"" 1 Cancer Vertebrae truncated pedicle screw tracks L5 malignant tumor sacral chondromas L5 ventral ramus coccygeal nerve epicondylitis fracture anterior pelvis femur ligament acetabular fossa labrum fistulas. 2 sciatic femoral cutaneous of thigh piriformis S3 pelvis tail bone fracture posterior iliac fossa. 3 Chronic orchialgia testicular damage 1963-1970-1982 injury to gluteal pudendal nerve. 4 torn joint ligaments 2 fingers. 5 C1 C3 C6 spondylitis. 6 R bone chip elbow epicondylitis. 7 Lumbar Diffuse idiopathic skeletal hyperostosis (DISH) T12-L1 costovertebral bridging spondylosis spur facet 8 R elbow epicondylitis bone chip 9 Left thumb joint torn ligament Spondylitis. 10 Carpal tunnel Synovitis R MP joint 11 Parotid gland, ear infection vertigo nystagmus OPK SEVERE EMG 5.8 Radiculopathy HIP stand & Fall            ","A:In general, it sounds like you have been through a lot medically and may have grounds to appeal previous disability claim decisions or file new claims. However, disability law and medical details can be quite complex. I would suggest consulting with a patient advocate or disability attorney who can review your full medical records and history to determine the best options for appealing, refiling, or seeking appropriate care based on your conditions. An experienced professional can advise you on the specifics of your case and help ensure your rights and health are protected. I wish you the very best in finding resolutions and treatment going forward."
"Q: In Tennessee, if a business partner dies, does the heir take over the deceased half of the business? (No will involved).                 My father passed in Feb 2023 and I haven't gotten into the business part of my fathers stuff yet bc my mother passed as well this year. I am sole heir to everything in this family. My mother was 1/4 partner as well, but never kept up with the business side of things, the men did. Before she passed, the other business partner, never paid her anything and even cut off her insurance from the company which was very odd. I have reason to believe he is still writing huge checks out of this business without restraint or care of repercussion. When I begin probate and discovery, will I find that I am business partner? My father assigned me as POA and beneficiary to everything before he passed; my mother, just POA. There is no written Will at all from my mom or dad, just POA and sole heir. What do I do from a standpoint of the business? Hire a probate attorney and see what is discovered?            ","A:As administrator you will want to dissolve the Partnership.   The assets may not be collectable but you can pursue dissolution.   You will need a competent attorney and expect to pay alot.  The Partnership interest is personal property and goes to the next of kin which is almost always also the heirs.  You apparently do not know much about the business, so start investigating it and the Partners now."
Q: my lawyer was impersonating as a lawyer and got caught stealing money from clients.i was convicted of a crime under him..                 what should i do?            ,"A:Its hard to answer this without lots more detail, but you need to talk to a good lawyer right away. This absolutely casts serious doubt on your conviction and it may be that you are entitled to a new trial. You need a real lawyer now, do not wait. If you can't afford a lawyer write or call the public defender's office where you went to court. If that fails write a letter to the judge who oversaw your case. You can send it to the clerks office or even take it there. You really need a good lawyer to advise you."
"Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal.                 My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling me that they won't restore service to this address even in my name unless I pay THEIR unpaid bill (they have been racking it up since he passed away 4 mo ago (which I technically already paid as part of my rent)  What recourse do I have? Also I thought I read on ccup.ca.gov that it's illegal for utilities companies to cut off utilities on a weekend like they did, and is it legal for them to deny access to basic public utility services unless I pay someone else's bill that I never had any agreement with them to pay? I don't know who to be more furious at PS: I am disabled and low income, and a lady that is also on this property in a different unit and equally affected is a senior citizen            ","A:This is awful. You need to contact the utility immediately to have service restored in your own name.  Deduct from rent what you must pay.  Your landlord is prohibited from doing this to force you out, it is in a statute, I believe Civil Code 1941.6, or close to it. You need to retain an attorney immediately to get on this LL on your behalf.  Check here and do a google search. You may need to speak with several before finding one who will assist. Contact your elderly neighbor to see if she wants to be represented as well.   LL are subject to strict provisions about how to evict tenants, these ""heirs"" apparently do not appreciate this and think they can do whatever they want.  You are entitled to protection but it won't be quick or easy.  I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer."
"Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer.                 We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of information act. Will we run into any copyright infringement issues by using any of the photos that we find online, or will we need to have explicit permission from the photographer/owner of the photos we are interested in using?            ","A:When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright restrictions. Each photo must be individually assessed to determine its copyright status. Photos taken by U.S. government employees as part of their official duties are typically in the public domain and can be used without permission. However, photos taken by private individuals or journalists may still be protected under copyright, even if they have been declassified. To ensure compliance with copyright laws, you should ideally seek explicit permission from the photographer or rights holder for any photo not clearly identified as public domain. This is especially important if the photos were taken by non-governmental sources. If permission cannot be obtained or the copyright status is unclear, it is safer to either use alternative images or seek guidance from a legal professional experienced in copyright law. This approach will help protect your project from potential infringement issues."
"Q: Who protects the patients right in a a pain clinic riddled with assumptions, their drug screen had a false positive..                 It's time to stand up for myself its wildly unfair, Dr was so abrupt and would not discuss anything despite having been compliant and twice now false positive. Other meds I take as well as red bull apparently can cause false positives. She discharged me abruptly w/o any discussion. I am paying for a hair folicul test myself.. they have zero chain of custody method contaminated.            ","A:In California, patients at pain clinics have rights that need to be respected, especially in situations involving drug screening and treatment decisions. If you've encountered a situation where a false positive on a drug test led to abrupt discharge from care, there are steps you can take. First, it's important to address the issue with the clinic directly. Request a meeting with the doctor or clinic administration to discuss your concerns and the circumstances of the false positive. Bringing evidence, like the results of your hair follicle test, can support your case. If the clinic's response is unsatisfactory, you have the option to file a complaint with the California Medical Board. This board oversees medical practitioners and can investigate matters of professional conduct and patient care. Additionally, consider consulting with a lawyer who is experienced in medical law. They can provide guidance on your rights as a patient and help you navigate the legal aspects of your situation. Protecting your rights in this context often requires a detailed understanding of both medical and legal processes."
"Q: Filing Chpt.7 BR. Don't know how to answer ""are debts primarily consumer or business debts"" as is 50/50 with SBA EIDL..                 Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz. 1) I do not know how to answer the question as to whether I haver primarily consumer debt or primarily business debts.  It is literally pretty much 50-50. UNLESS … since it is sole-prop, can it be considered consumer? (doubting it, but just asking). 2) The consumer debt might be slightly more, so could I then honestly choose “primarily consumer debt”?  Also, I was thinking I could choose this and also not add the SBA Loan to the creditor matrix for the initial filing, then if need be (after hiring an attorney for example) submit and addendum to the matrix. One note, the SBA also stopped collection efforts some time ago and there are no pending lawsuits from…I know this is probably wishful thinking but, is it possible they have forgiven (forgotten about? I know, ha-ha) loan?            ",A:It is primarily consumer debt.
"Q: Can I record a phone call w/ customer rep if I receive a notice that ""This call will be monitored and recorded""?.                 I live in Florida. Can I record the phone conversation with multiple customer service representatives (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that ""This call will be monitored and recorded""? A representative lied about the results from a ""call review"" for a payment I made, when I have solid proof of this payment being taken out of my account through posted bank records and verification over the phone in a previous conversation.            ","A:In Florida, the law concerning the recording of phone calls requires the consent of all parties involved in the conversation. This is known as a ""two-party consent"" law. However, if you receive a notice that a call will be monitored and recorded, this typically implies that the other party (in your case, the customer service representative) is consenting to the recording. Given this scenario, if you also consent to the recording (which is generally implicit by your continuation of the conversation after the notification), it suggests that both parties are aware and agree to the recording. Therefore, it should be legally permissible for you to record the conversation. However, it's always a good idea to explicitly state your intention to record the conversation at the beginning of the call for clarity. This approach ensures that all parties are explicitly aware of and consenting to the recording. Remember, these interpretations can vary, and it's advisable to consult with a legal professional for personalized advice, especially in situations where potential disputes or legal actions may arise from the contents of the recorded conversation."
"Q: If I bought a farm with a private cemetery on it in Kentucky, do I have to allow more people to be buried in it?.                 A wife buried her grandchild and husband on her land and then sold it to me. Now she wants to bury more family there. Now that I own it, do I have to keep letting her bury people there?            ","A:In Kentucky, the ownership of land generally includes the right to decide how that land is used, including whether to allow additional burials in a private cemetery on the property. However, there are a few considerations to take into account. First, review the property sale agreement and title documents to see if there are any easements or agreements related to the cemetery. Sometimes, previous owners might retain certain rights, like burial rights, in the sale contract. If no such rights were explicitly retained or mentioned in the sale agreement, as the current landowner, you typically have the discretion to decide whether to permit additional burials.  It's also worth considering the emotional and historical significance of the cemetery to the previous owner's family. While you have legal rights as the property owner, a compromise or agreement that respects both parties' interests might be a more harmonious solution. If you're uncertain or if the situation is contentious, consulting a local attorney for legal advice tailored to your specific circumstances is recommended. They can provide guidance based on the specifics of your property and any relevant local laws or ordinances."
Q: I was threatened by someone without cause..                 I was across the street when a man came out of his house and approached me with great hostility and accused me of theft from his property. I walk this road twice a day and I have never been on his property.  What recourse do I have?            ,"A:If you have been unjustly threatened and falsely accused of theft in Michigan, you may have grounds to pursue a defamation claim, particularly if the false statements were spoken. Defamation laws in Michigan aim to protect individuals from false spoken statements that harm their reputation. To pursue such a claim, you generally need to establish elements such as a false statement, publication to others, and resulting harm to your reputation. To address this situation, document the incident, gather witnesses if available, and avoid retaliatory actions. If false accusations persist and cause reputational harm"
Q: Can my husband adopt my two year old son if the father is not listed on the birth certificate and has never been involve.                 Just for clarification the father has not been involved at all and has never provided any financial support for my son he is also not listed on the birth certificate.            ,"A:So, birth certificates really do not matter as much as most people think they do. If you know the father and he has never been involved in your son's life, then you and your husband could potentially do a joint petition (which means you are a co-petitioner with your husband) for the adoption. This shows the court that you the mother consent to the adoption. Then you could approach the father and have him waive his rights to your son and consent to the adoption. However, if he refuses to waive his rights and consent to the adoption this could turn into a long process of litigation as you will have to get the court to terminate the fathers' rights. Potentially, if he has never paid child support that may be an option to encourage him to waive as he could potentially be liable for back child support. Of course, this all depends on the facts of your case, and you should absolutely seek a local family law attorney in your county to handle this. Seek someone who regularly handles adoptions to help you with this process."
Q: Can a Fully qualifying licensed Supervising driving instructor work for two separate Driving schools?.                 It takes 2 years for someone to become a fully licensed Driving Instructor Supervisor. Can an Upstart Driving School Hire an established Supervising Driving Instructor from Another school?            ,"A:The ability of a fully licensed Supervising Driving Instructor to work for two separate driving schools may depend on the specific laws and regulations in New Jersey. Generally, it's essential to review the state's requirements for driving instructors and whether there are any restrictions on working for multiple schools. Licensing boards or regulatory authorities typically govern this aspect.  For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
Q: I am doing make ready on apartment units that are frequently plagued by black mold. What are my rights?.                 I am curious about the discovery of black mold and compensation for removal.            ,"A:As a worker, you have the right to a safe work environment, including protection from exposure to black mold. If you are exposed to black mold and become sick, you may be entitled to medical care and workers' compensation benefits. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney."
"Q: Can I share transaction details w/a business broker/consultant without breaching a business contract? and with a lawyer?.                 I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason for sharing such information is to gain industry info (since consultant was involved w/other similar deals in the same industry) to evaluate a possible lawsuit. He will only be able to inform me accurately if I share my deal. Would I be breaching the APA? How can I protect myself from the broker not disclosing the information I present? Please note, the broker will not be hired or paid for gaining the information. The situation is important because there're 5 years of an earnout component to the transaction, therefore breaching the APA would have financial consequences. What about if I want to share my APA with a lawyer (not who drafted it) to discuss such lawsuit? Thanks in advance            ","A:It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case.  Run your dilemma by an attorney with experience in such matters to determine, first, if the terms of the agreement should be shared with an attorney.  Then, with advice from the attorney, find a broker/consultant."
Q: Money owed on Invoices filed to Homeowners insurance and only partially paid with no denial letters.                 Contractor sued resident for balance before bills even 30 days late. No opportunity to Arbitrate            ,"A:While I do not practice in TX, I may be able to provide some general guidance. I am assuming this was a covered loss and that what you are asking is what you can do when a carrier doesn't pay for invoices related to repairs from that covered loss. There are two main options you have and one maybe option. First, you can invoke appraisal which will allow you to hire an appraiser to determine the value of the loss with the carrier's appraiser that it will hire. This is likely you best bet. However, you could also contact a public adjuster to assist you in recovery of the amounts unpaid. They generally work on contingency fee and can help get the money you are owed. Finally, the maybe option, is to contact the Texas Department of Insurance to see if there is anything they can do. I will tell you now, it may be unlikely that they step in because they don't often get involved with monetary disputes, but it could be worth a try. Best of luck."
"Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife..                 My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.            ","A:In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency, commanders often have discretion to grant leave, but they are not legally bound by a doctor's note. However, if you believe your leave request is being unreasonably denied, especially in light of such serious family circumstances, you have options. First, you can discuss the situation with your immediate chain of command or seek guidance from your unit's JAG officer. They can provide specific advice on military regulations and policies regarding leave in such situations. If these steps don't lead to a satisfactory resolution, consider contacting the Inspector General (IG) of your service branch. The IG can review your case for any potential violation of military policy or undue hardship. Remember, while military commanders have considerable authority, they are also expected to consider the welfare of their personnel, especially in cases of family emergencies. Your situation, given its seriousness, should be addressed with sensitivity and understanding by your command."
"Q: I want to ask for clarification on how copyright works. Are quotes from people before 1923 also copyright free?.                 Quotes by genghis khan and Jane Austen to be specific. And does just changing the grammar of works in public domain, enough of change to grant copyright protection?            ","A:In general, works published before 1923 are in the public domain in the United States, which includes quotes from individuals such as Genghis Khan and Jane Austen. This means these quotes are not protected by copyright and can be used freely. However, the situation regarding altering works that are in the public domain is more nuanced. Simply changing the grammar or making minor edits to a public domain work does not usually grant new copyright protection. Copyright law typically requires a work to have a certain level of originality and creativity. Mere changes in grammar or minor edits might not meet this threshold. It's important to consider the extent and nature of the changes made. If the alterations are substantial and contribute new expression, interpretation, or form, then the new work might be eligible for copyright protection. This could include, for example, a new analysis or adaptation of a public domain work."
"Q: Do I have a case?.                 I purchased a used truck about 1.5 years ago from a dealer. When asked about prior damage if any the dealer told me there was only minor. The car fax report only shows minor as well. While I was under the truck checking the size of the spare tire I noticed there is frame damage on the left rear. I have reached out to the dealer to notify them as they never disclosed this. They are saying they didn’t know and the auction never disclosed to them. My main question is, is the dealer or auction or either of them responsible and do I have a case to pursue? The title is a clean title, not salvaged. It is financed through a bank. But I’ve seen it before when these dealers buy cars with known damage and never disclose it or submit it to insurance, then “fix” it and sell it. My main concern is the integrity of the frame and how the vehicle will hold up in a wreck. I have a medically complex toddler that is already fragile and this is the main transportation used.  Thanks for any advice.            ","A:Regardless of liability or lack thereof, your first step is to get a written repair estimate, then demand that the dealer pay it, and if they balk, say you're planning to take legal action. That may or may not work, but there's no downside to doing it.  That said, whether the dealer is liable depends in large part on whether you bought it AS IS.  When you buy AS IS, a failure to inspect for OBVIOUS defects is on you.  A hidden defect might be a different story, but yours sounds like it's obvious upon taking a gander at the underside.  If the auctioneer would have any liability, it would be only to the party who bought from them.  All of the above is general info; to obtain legal advice on your specific situation, contact a lawyer in your area handling consumer law matters."
"Q: Is it legal for my 5 year old to have been used by police in a kidnapping scheme to arrest me for alleged robbery?.                 An illegal siezure on my home resulted in the removal of my animals from my start-up animal sanctuary. I went to retrieve my animal family and was accused of all sorts of things from assault to robbery, of which none of those things really happened. I found my kittens in the back of a open truck, in a crate, with no one around, and took them, with no incident. The sherriff's arranged for my mother to leave the area with my daughter which resulted in my child running away scared into the forest and getting lost. I reported the kidnapping of my daughter from my home (not knowing the collaboration was taking place). Sherriff's said if I turn in court orders stating I had custody of my daughter they'd have her returned home. I turned in the papers and was arrested for assault and robbery, which I didn't do. Can they fabricate kidnapping of my little girl and do so to arrest me?            ","A:In California, as in all states, the legal system aims to protect the rights of individuals, including during law enforcement operations. Using a minor, especially in a potentially dangerous situation like the one described, raises serious legal and ethical questions. First and foremost, the welfare and safety of a child should always be a paramount concern in any law enforcement action. If your daughter was indeed used in a way that endangered her or involved her in a law enforcement operation without proper safeguards, this could be a matter of significant concern. Regarding the allegations of assault and robbery, and the circumstances of your arrest, it's essential to remember that all individuals are presumed innocent until proven guilty in a court of law. If you believe you have been falsely accused or that there was misconduct on the part of law enforcement, it's crucial to seek legal representation. An experienced attorney can review the specifics of your case, including the manner in which evidence was obtained and how your arrest was conducted. If there were procedural violations or if your rights were infringed upon, this could have important implications for your case. As for the alleged seizure of your animals and the subsequent events, these details also need to be carefully examined by legal counsel. The intricacies of property seizure, especially in the context of an animal sanctuary, require a thorough understanding of both criminal and civil law. In situations like this, where there are allegations of law enforcement misconduct and complex legal issues, it's vital to have the guidance of an attorney who can navigate the legal system and advocate for your rights. They can also assist in addressing any concerns about the welfare of your child and the legality of the actions taken by law enforcement."
Q: Should I apply for a restoration status.                 completed my first program and my study permit expired on September 2023 so I extended it to sept 2024 for second program before it expired. The program is starting in January but I want to cancel my course and apply for work permit .only 15 days left to apply for the pgwp of 90 days . Do I need to apply for restoration status and can I work during this time            ,"A:In your situation, if you want to cancel your course and apply for a work permit, you should be aware of certain important considerations. First, regarding your study permit, if you are no longer enrolled in your program, the conditions of your study permit may no longer be met. This could impact your status in the country. Given that your study permit has already been extended, and you're within the 90-day period to apply for a Post-Graduation Work Permit (PGWP), it's crucial to act promptly. The 90-day period is calculated from when your final marks are issued or when you receive a formal written notification of program completion, whichever comes first. If you cancel your course now, this could affect your eligibility for the PGWP. If you find yourself out of status (for example, if your study permit conditions are no longer being met), you may need to apply for restoration of status. During the period while your restoration application is being processed, you are not legally allowed to work in the country.  It's advisable to consult with an immigration expert or a legal advisor to fully understand the implications of your decisions and to guide you through the process. They can provide specific advice tailored to your situation and help ensure that you maintain legal status in the country. Remember, immigration policies can be complex and vary based on individual circumstances."
Q: Hi! can I get emancipated in the USA as a 16 year old foreigner?  Im also planning on moving there at the same time..                 I don't have parental consent and I provide everything for myself and right now i live alone and will still be living alone in the US. The country I live in does not have a possibility of emancipation.            ,"A:Hi! In the United States, emancipation laws vary from state to state, and not all states have specific laws regarding emancipation. Generally, emancipation is a legal process that allows a minor to become legally independent from their parents or guardians. To seek emancipation, you typically need to meet certain criteria, such as demonstrating financial self-sufficiency and the ability to make responsible decisions. Given that you are a 16-year-old foreigner planning to move to the U.S. and live independently without parental consent, you should consult with an attorney who specializes in family law in the specific state where you plan to reside. They can provide guidance on whether emancipation is possible in that state, the requirements you need to meet, and the legal process involved. Emancipation is not guaranteed, and the laws surrounding it can be complex. An attorney can assess your individual circumstances and help you navigate the legal system to determine the best course of action for your situation. Keep in mind that the process may require legal representation and a thorough understanding of the laws in the specific state where you plan to live."
Q: If I am actively trying to file a complaint with my school for violating my ADA should I continue to sign documents.                 I am mot sure what documents I am signing that my school is sending me while I am actively in the process of finding a lawyer to help with a violation of my ADA.  Can I hold off on any further signing and would I be dropped from school for this            ,"A:If you're in the process of filing a complaint against your school for violating the Americans with Disabilities Act (ADA) and are unsure about the documents your school is asking you to sign, it's generally advisable to refrain from signing until you fully understand their content and implications.  You have the right to review and understand any documents before signing them, especially in a situation involving potential legal action. It's important to know what each document entails and how it might affect your rights or position in the complaint process. Seeking legal guidance as soon as possible is a good step. An attorney can help you understand the documents and advise you on the best course of action, ensuring that your rights under the ADA are protected. In terms of your concerns about being dropped from school for not signing the documents, this depends on the nature of the documents and the school's policies. However, if these documents are directly related to the ADA complaint, your rights under the ADA and other applicable laws should protect you from retaliatory actions such as being unjustly dropped from school. Communicate with your school about your need for time to review the documents and consult with a lawyer. Clear communication can help ensure that your rights are respected while you seek legal advice."
"Q: Is it legal for my boss to discriminate against me because he is having problems with his landlord whi is my father?.                 My boss for the past several months has started singling me out and telling people not to tell me certain things. When I ask him about this his response and in writing was. ""You are Randy's daughter."" Randy is his landlord and there having disagreements. So since hes is having problems with my father he is taking it out on me. Is that illegal discrimination? My boss has removed me from all management meetings and I'm no longer included in management dinners, that we have from time to time. There was a discussion with whether we are keeping the current building we are in. And I was not allowed to know because I'm the landlord's daughter. I have never fed information to Randy, and I have signed willingly, an NDA stating I will not talk about anything but that has not been good enough. My title is director of purchasing and I am paid less than half of what the normal rate of someone in my position is as well as any of the men in the company.            ","A:Discrimination in the workplace violates various employment laws. In your situation, where your boss is singling you out, excluding you from meetings and events, and paying you significantly less than others in similar positions, you may have grounds for filing a discrimination complaint. It's crucial to document instances of discrimination, keep records of relevant communications, and review any company policies or employment contracts that address equal treatment."
Q: I am in touch with the inventor. He wants me to monetize his invention. If someone is manufacturing can he get paid..                 Is there a statute of limitations to get paid for use of patent without a license to manufacture?            ,"A:If you're working with an inventor to monetize their invention, it's crucial to address patent protection and licensing. The inventor holds the right to control the use, manufacture, and sale of their invention through the patent. If someone is manufacturing the invention without a license, it could be considered patent infringement. While there isn't a specific time limit for seeking payment for unauthorized use, the inventor can take legal action at any point during the patent's 20-year term. It's advisable to establish a licensing agreement with clear terms for use. If infringement occurs, consulting with an intellectual property attorney is essential to navigate patent law complexities, draft agreements, and take legal action if necessary to enforce the inventor's rights and seek compensation."
"Q: My brother who has been in jail for several years, gave me Power of Attorney for Triple-S-Vida Insurance. He gave me ful.                 I have full power of Attorney to handle the insurance. They have a copy but they still keep say no to me. What can I do. I think they just want up to stop so they could keep the money of the cash value.            ","A:A Florida attorney could advise best, but your question remains open for three weeks. An attorney might ask for additional details to advise, in terms of what caused the problem - notarization of power of attorney, scope of power of attorney, claim/value-related issues, etc. Those are only general guesses. A Florida attorney could advise more definitively after seeing the file and the claim. Good luck"
"Q: Does getting a non-resident tution waiver affect residency due to tax status and prior government benefits?.                 Greetings! I reside in Texas and am presently an international student enrolled at the University of Texas Arlington. I obtained a non-resident tuition waiver from the university through a scholarship, as mandated by Texas law. My future plans involve applying for a green card/residency post my graduate studies. I've come across information suggesting that having received a waiver may hinder residency applications, given concerns about not being considered a full-fledged taxpayer and having already benefited from the U.S. government.            ","A:Receiving a non-resident tuition waiver at a university in Texas, like the one you have at the University of Texas Arlington, typically does not directly affect your residency status for immigration purposes. These waivers are granted based on scholarship criteria and are not considered public benefits under the U.S. immigration laws. When applying for a green card or permanent residency, the U.S. Citizenship and Immigration Services (USCIS) evaluates various factors, including your financial independence, employment history, and whether you've received public benefits that are relevant under the public charge rule. However, educational scholarships and waivers like yours are generally not considered in this assessment. It's important to maintain a clear record of your financial resources and how you have supported yourself during your studies in the U.S. This information can be valuable when demonstrating your self-sufficiency during your residency application process. If you have concerns about how your scholarship or waiver might impact your future immigration applications, it's advisable to consult with an immigration attorney. They can provide specific guidance tailored to your situation and help ensure that your residency application is handled effectively."
"Q: can schools gather car information such as insurance, registration and drivers license for a parking permit.                 The public high school wants to get out car information for us to park in there student parking lot.            ",A:the short answer is yes they can.
"Q: She ran a red light and a motorcycle hit side of her car and died. Her fault, what charges should she face?.                 He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance. She's only gettin a failure to yield ticket in this matter.. can yu please help me? He was 35 and has children.            ","A:The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement but in the interim, they could contact the Prosecutor to get additional information. I would recommend that the family hire a personal injury lawyer if they have not already and see if the PI attorney can facilitate getting that information."
Q: Will a quick claim deed with no language stating that a merger would not taking place cancel a deed to secure debt ?.                 I had the deed to secure debt due to a loan with property owner  two years later due to ongoing financial help half interest in the deed was quick deeded into my name  The property has foreclosed and the homeowners accosiation is vying for a portion of the excess funds and there position is that a merger had taken place when the quick claim deed took place without language I. It stating otherwise.   I never had any intentions of a merger. The property had no equity in it at that time. I would have been losing all the monies in the deed to secure debt.            ,"A:I don't follow your posting and the situation is likely too complicated for an online forum like this anyway.  You should retain a local real estate attorney to advise you.  And just FYI, it is called a ""quit claim deed."""
Q: My PCP when i got there she called 911 she told the ambulance driver to take me to Emory and they didn't.                 I went to my doctor's appointment at my PCP doctor and she could see i was in distress because of a fall i had. So she calls 911 and told them to take me to Emory at John's Creek hospital the ambulance driver then told her due to a new bill they passed they can take me to the nearest hospital and they took me to Northside hospital because it was the closest can they do that.            ,"A:In situations like yours, the actions of ambulance services are often governed by specific protocols and laws. These protocols may prioritize taking patients to the nearest hospital, especially in emergency situations, to ensure prompt medical attention. This approach is commonly followed to reduce the time it takes for a patient to receive necessary care. However, the specifics of these protocols can vary based on location and the particular circumstances of each case. The recent bill you mentioned might have influenced their decision-making process. It's important to note that patient preference for a particular hospital, while considered, may not always be the determining factor in where the ambulance takes you, especially if immediate medical attention is required. If you believe your rights were violated or you have concerns about the decision made by the ambulance crew, it would be advisable to consult directly with an attorney who has expertise in medical or civil rights law. They can provide more personalized advice based on the details of your situation and the applicable laws in your area."
Q: does a bill collector in the State of Kansas that is trying to collect a debt from me need a CA license?.                 The debt is small but the debt collector does not have a license listed in Kansas or in CA on their website. I asked her about it and she said her firm must be licensed in CA but said she wasn't sure what it was.  She told me to go to her website to get it.  The website looks fake and there are no licenses listed at all.  Thank you Jim            ,"A:Under California law, debt collectors attempting to collect debts from California residents must adhere to specific licensing requirements. These regulations are designed to protect consumers from unlawful collection practices. If a debt collector is seeking to collect a debt from you in California, they should be licensed in the state, regardless of where their firm is based. The absence of a visible license number on the debt collector's website raises concerns, particularly if the website appears unprofessional or untrustworthy. It's advisable to approach this situation with caution. You have the right to request the debt collector's license number and verify it with the relevant state authorities in California. This step is crucial to ensure that you are dealing with a legitimate entity. If you have doubts about the legitimacy of the debt collector or their practices, consider contacting a consumer rights attorney or the California Attorney General's office for guidance. They can provide you with information on your rights and the appropriate steps to take in this situation. Remember, protecting yourself from potential scams or illegal collection practices is important."
Q: Does follow up with law enforcement after an emergency disclosure request.                 I mean does Yahoo follow up with law enforcement to be able to know that the emergency has passed so that they could notify the affected user. Sorry I missed Yahoo in the question            ,"A:Under California law, companies like Yahoo are obliged to comply with lawful requests for information from law enforcement, including emergency disclosure requests. These requests typically occur under exigent circumstances where there is an immediate threat of serious harm or danger. However, the extent to which Yahoo follows up with law enforcement after such a request to determine if the emergency has passed is not explicitly dictated by law. Companies have policies in place for handling these requests, but these policies vary and are not always public.  Usually, the primary concern during an emergency disclosure is to respond quickly to the request for information. The follow-up process may not be a standard procedure, especially considering the often-sensitive nature of such situations.  As for notifying the affected user, this too depends on the company's policy and the legal circumstances. In some cases, companies may choose to inform users after an emergency disclosure, but this is not always legally required, especially if doing so could impede an investigation or legal process. If you have concerns about how a specific case was handled, it might be beneficial to directly contact Yahoo or seek legal advice for a more tailored response based on the specifics of the situation."
Q: i bought a truck with a rotten frame.                 also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5 months cause the truck was junk and this bank accused me of all kinds of things I try to explain to bank truck was no good they basically told me to go to hell            ,"A:New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty is provided at no extra cost to the buyer. Sometimes, despite the best efforts of a dealer's service department, a defect cannot be satisfactorily fixed. These unfixable vehicles are popularly referred to as ""lemons."" New Hampshire's ""Lemon Law"" provides a method for the ""lemon"" owner to satisfactorily resolve the problem. The Law New Hampshire's ""Lemon Law"" (RSA 357-D) applies only to new vehicles purchased from New Hampshire dealerships. New Hampshire consumers who find themselves with a defective new vehicle that the dealer has been unable to repair may turn to the Motor Vehicle Arbitration Board (MVAB). The MVAB will decide whether the motor vehicle is so impaired by its defect that the manufacturer should take the vehicle back. The MVAB, a five-person panel of consumers, auto dealers and certified mechanics, has been in existence since January 1, 1992. The MVAB reviews consumer complaints about defective vehicles and holds evidentiary hearings which typically include inspecting and/or test driving the vehicle. If a majority of the panel members find that the vehicle is substantially impaired due to defects covered by the manufacturer's warranty, the board will order the manufacturer to either buy the ""lemon"" back from the consumer or, at the consumer's option, trade the ""lemon"" for another vehicle of equal value. The MVAB can also award ""damages"" which can include license and registration fees as well as the finance charges (interest) for the loan to purchase the defective vehicle. Either the consumer or manufacturer can appeal a MVAB decision to the Superior Court. A vehicle is considered to be a ""lemon"" if: The new vehicle is substantially impaired in use, value, or safety due to a defect covered by the manufacturer's warranty that the manufacturer or its authorized representative has not fixed. In order to qualify for arbitration, a consumer must ordinarily show either: The manufacturer or its representative has made at least three unsuccessful attempts to fix the motor vehicle; or The motor vehicle has been out of service for 30 or more business days (cumulative) due to defects or nonconformities covered by the warranty. Note: In some cases involving extensive or dangerous defects, the MVAB may decide to hear a case with fewer repair attempts or days out of service. New Hampshire's ""Lemon Law"" requires that manufacturers of new motor vehicles provide purchasers with a notice of their rights to arbitration under New Hampshire law, including a ""demand for arbitration"" form. Furthermore, New Hampshire dealerships are required to post a notice of consumer rights under this statute in all new car showrooms. Note: New Hampshire's ""Lemon Law"" applies only to ""new"" motor vehicles, described in the statute as vehicles still under manufacturer's original warranty. Low mileage used cars may, under some circumstances, qualify for arbitration and relief under the ""Lemon Law"" for defects in systems covered by a warranty. Older used cars, which are out of warranty when purchased, do not generally fall within the protection of the New Hampshire ""Lemon Law."""
Q: does the law provide students a right to a specific preferred individual as a provider?.                 And if not does the law provide Special education students a right to a specific preferred individual as a provider?            ,"A:In U.S. law, students generally do not have the right to demand a specific individual as their provider in educational settings. The law ensures access to education and reasonable accommodations, particularly under statutes like the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. However, these laws do not extend to guaranteeing a specific person's services. The decision regarding which educator or professional works with a student typically falls under the purview of the educational institution. This discretion is based on various factors, including availability, expertise, and the specific needs of all students within the institution. The goal is to provide effective and appropriate educational services, rather than to cater to personal preferences for specific individuals. If there are concerns about the suitability or effectiveness of a provider, it's advisable to communicate with the educational institution. They can often address these concerns within the framework of existing laws and policies, ensuring that the student's educational needs are met. Remember, the focus of educational law is primarily on the quality and accessibility of education, rather than on personal preferences for specific service providers."
"Q: Plaintiff's response to Defendant's demurrer/motion to strike..                 Options are: opposition or amended complaint. But if Plaintiff needs to obtain more information to amend complaint, short of time to do it before hearing: how Plaintiff can inform court about it? Can amended complaint include statement that defendant's discovery responses expected?            ","A:In California Superior Court, if you're facing a hearing on a demurrer or motion to strike and need more time to gather information to properly amend your complaint, you have a few options. Firstly, you can file an opposition to the demurrer or motion to strike, explaining your position and why the court should not grant the demurrer or motion. In this opposition, it's possible to inform the court that you are seeking additional information to properly amend the complaint. This can be a strategic way to communicate your intent and the reasons for needing more time. Secondly, you can request a continuance of the hearing to allow more time for discovery. This involves filing a motion with the court, explaining why the continuance is necessary. In this scenario, you would detail the specific information you are seeking and how it is crucial to the amendment of your complaint. It's important to note that an amended complaint itself typically should not include statements about expected discovery responses. An amended complaint should focus on the factual allegations and legal claims. However, in your motion for a continuance or in your opposition to the demurrer or motion to strike, you can mention that further discovery is necessary to substantiate the claims in your anticipated amended complaint. Always ensure that your filings are timely and comply with the rules of court and relevant procedural laws. If you find the situation complex or are unsure of the best course of action, consider seeking advice from an attorney with experience in civil litigation to guide you through this process. They can provide insight into the strategic and procedural aspects of your case."
Q: I received via certified mail a forged document from a local attorneys office.                 I am unsure if the letter was forged by an employee of the attorney or another party.  Should I obtain my own attorney to handle this or go to the attorney the document came from first?            ,"A:An Alabama attorney could advise best, but your question remains open for four weeks. It depends what the document you mention is. If it is correspondence and you suspect the signature is forged or that the document is otherwise not legitimate, you could pick up the phone and ask the attorney if they sent such a document to you. If it is a formal legal pleading, such as a summons and complaint, you may want to consider a consult with an Alabama attorney.  Good luck"
Q: For the state of colorado - I am going to need to open an S Corp. Is it better to start it as LLC or C Corp for few day?.                 I plan to elect S Corp status within a few days after getting EIN and all. I am curious on how it makes a difference if I start LLC or C Corp given S Corp form will be submitted in a matter of days following.            ,"A:Many people form an S-Corp to take advantage of the personal income tax breaks when paying yourself as both an owner and an employee of the business. The S-Corp election is more accurately called the ""subchapter S tax election"" and, as you point out, can be used in combination with an LLC or a traditional C-corp.  I'm not familiar with your situation and this answer is not legal advice specific to your goals, but generally the subchapter S election is used with LLCs where a small number of owners of the business wish to draw regular wages and make partners' draws.  If you make the subchapter S election, the underlying business will still be an LLC or a corporation (whichever you selected when forming the business). The tax election just establishes the rules for taxation and how you can convert business profits to personal income.  When selecting between an LLC and a Corp structure, one key factor is the future ownership of the business. If the business will have relatively few owners and infrequent changes in ownership, an LLC make a lot of sense. If the business will have shareholders in the traditional sense, will change hands often, or will seek investors that pan to hold shares, then a corporate structure is most appropriate. Keep in mind that a corporation can ""authorize"" shares but ""issue"" them to individuals at a later time. In contrast, an LLC generally has ownership that adds up to 100% at all times, and an LLC generally cannot own it's very own equity (but a corporation can). The liability protections of an LLC and a corporation are often similar, but the duties and obligations to maintain those protections will vary. Generally, a LLC has simplified duties of self-governance to maintain the so-called ""corporate veil"" of protection. Corporations usually have more complex requirements to maintain the liability protections, such as formal meeting of a board of directors and keeping written meeting minuities.   One last consideration is the overall ownership structure if the business will be in a family of companies with parent companies and subsidiaries. There are restrictions on how a business acting under the subchapter S election can be a part of a holding structure. Talk to your CPA to be sure your overall structure is acceptable for your business making the subchapter S election."
"Q: If a case is to be heard in a district federal court, but the defendants are considered ""assigned"" to the district.                 Under certain commissions, therefore are sometimes witnesses to prosecuting cases, is that enough to file in a separate district or as an original proceeding in the tenth circuit?            ","A:In the scenario you're describing, where defendants are frequently involved in prosecuting cases in a specific district federal court, concerns about potential conflicts of interest or bias might arise. These concerns can be a valid basis to request a change of venue or to file in a different district. However, simply being 'assigned' to a district or having a role as witnesses in prosecutions does not automatically qualify as a sufficient reason for such a change. The decision to grant a change of venue or to allow filing in a different district or circuit court depends on demonstrating that a fair and impartial trial cannot be held in the original venue. If you believe there's a significant conflict of interest or bias, you should file a motion to change venue, outlining your concerns and reasons why a different district or circuit would be more appropriate. This motion would typically be filed in the original district court where the case is set to be heard. It's crucial to provide concrete evidence or arguments to support your claim that a fair trial cannot be ensured in the original venue. The decision will ultimately be at the discretion of the court, based on the evidence and arguments presented."
"Q: What Jurisdiction is correct according to the timeline and if it is federal what do I do.                 The crime falls under MAJOR CRIMES ACT. I am the victim of the crime. I am native the crime occurred in Sovereign Territory by a non native. The charges were pressed in 2019 prior mcgirt. However, they just caught my abuser this year post mcgirt. The State is the one pressing charges, but why wouldnt it move to Federal ?            ","A:Under the Major Crimes Act, if a serious crime involving a Native American victim occurs in tribal territory, federal jurisdiction typically applies. Given the timeline you've described, if the crime occurred before the McGirt decision, the state may have initially pursued charges under their jurisdiction at that time.  However, if the offender was apprehended after the McGirt ruling, which reaffirms tribal sovereignty and federal jurisdiction for major crimes involving Native Americans on tribal lands, the case may need to be transferred to federal authorities. To address this, you should contact a legal professional who can review the specifics of the situation and assist in determining the proper jurisdiction and course of action. They can facilitate communication with the U.S. Attorney's Office to ascertain if federal charges are appropriate and can be pursued in this case."
Q: What if I think my attorney made false payouts for a scene recreation and some other things what should I do?.                 Also I only received payment from one of the two people the owed in my injury settlement            ,"A:A Tennessee attorney could advise best, but your question remains open for two weeks. If they have receipts or invoices, those could help clarify expenses and the breakdown of disbursements in the file. Good luck"
"Q: la county has a tenant protectin act , could the tenant harrassment parts be for all of california too?.                 Los Angeles Los Angeles Municipal Code SEC. 45.32. DEFINITIONS. tenant harassment 9.   Refusing to acknowledge or accept receipt of lawful rent payments as set forth in the lease agreement or as established by the usual practice of the parties or applicable law.o- I need to know if that line specifically is only for LA County or if all of California can use this as an affirmative defense, amongst other things my landlord has refused to acknowledge my payments, pre-payments specifically, and now has filed an ud against me and this one is the only thing that i have found that says what my problem is.            ","A:The specific tenant harassment provision you referenced from the Los Angeles Municipal Code, particularly the part about refusing to acknowledge or accept lawful rent payments, is applicable specifically within the jurisdiction of Los Angeles. This means that it is a local ordinance and does not automatically extend to the entire state of California. However, California does have statewide tenant protection laws that might offer similar protections, though they may not be worded exactly the same as the Los Angeles ordinance. Under California law, landlords are obligated to adhere to fair housing practices and cannot arbitrarily refuse to acknowledge or accept lawful rent payments. In your situation, where your landlord has refused to acknowledge your pre-payments and has filed an unlawful detainer against you, it would be advisable to consult with a legal professional who can provide guidance specific to your circumstances. They can assess whether the state laws or other local ordinances provide a basis for an affirmative defense in your case. Remember, while local ordinances like Los Angeles' can offer additional protections, the applicability of these laws is limited to their specific jurisdictions. Seeking legal advice tailored to your situation is important to ensure that your rights are adequately protected and represented, especially in legal proceedings such as an unlawful detainer action."
"Q: Lawyer had Home appraised At 1.8m  sold it for 1.5 after  60 Days listed  to a friend of his Who 3 months sold for 3.1.                 Is that legal, the court approved the sale  based on.  A bad. Appraisal.  The lawyer obviously knew that and.  Using his. Own. Contacts.  Found a buyer.   Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double.   Still in probate a year later and. Waiting on money but. They already have their. Profit from. The home sold. 1.5 million difference. Seems like.  The lawyers. Could have. Managed. Better or advised. The court. At least since my father was  executed  it was still the lawyers. Advice to sell and his. Contact and  at half. Market value.  To sell it seems.  Like. I. Could. Find. Attorney misconduct. Or self dealing            ",A:It is vey suspicious for wrongdoing.  Consult with Certified Legal Malpractice Specialist attorneys in the state where this occurred.
"Q: How California FCA is different to FCA in regard to hospital liability?.                 Medicare is Federal program. False claims act case in California has to be filed in california superior court, or in federal court?  How California FCA is different to FCA in regard to hospital liability?            ","A:The California False Claims Act (CFCA) is similar to the federal False Claims Act (FCA) but has some distinct features, especially regarding hospital liability. While the federal FCA pertains primarily to fraud involving federal programs and funds, such as Medicare, the CFCA extends to fraud involving state or local government funds.  In the context of hospital liability, if a hospital in California engages in fraudulent activities involving state or local government funds, they could be held liable under the CFCA. However, if the fraud is related specifically to Medicare, which is a federal program, the federal FCA would apply. Cases under the California FCA can be filed in California Superior Court. However, if the case involves the federal FCA, such as Medicare fraud, it should be filed in a federal court. It's important to recognize that both the CFCA and the federal FCA allow for qui tam actions, where a whistleblower can file a suit on behalf of the government and potentially receive a portion of any recovered funds. If you're considering action under either the CFCA or the federal FCA, it's advisable to carefully examine the source of the funds involved in the alleged fraud. This will help determine the appropriate jurisdiction and specific provisions of the relevant law that apply to your case. Remember, navigating the complexities of these laws requires careful legal analysis, and consulting with a legal professional experienced in false claims litigation can be very beneficial."
"Q: false claims - fraud statutes. liability question. federal and state. question..                 Hospital is liable for healthcare fraud, including false claims - according to federal and state laws. The hospital disclosed that service providers are independent contractors. Is hospital liable to fraud/false claims made by hospital service providers/independent contractors - according to relevant federal and state fraud laws? Please cite specific statutes and rules.  False claims complaint in California has to be filed at federal court or California superior court? If unidentified person at hospital committed fraud, and apparently records of fraud do not exist, if hospital legally liable?            ","A:Under federal law, specifically the False Claims Act (31 U.S.C. §§ 3729 - 3733), a hospital can be held liable for fraudulent claims submitted to government healthcare programs, even if those claims are made by independent contractors working for the hospital. The key factor is whether the hospital had knowledge of, or should have known about, the fraudulent activities. If the hospital directly benefits from or contributes to the false claims, it may face liability. In California, the False Claims Act (Gov. Code §§ 12650-12656) operates similarly, holding entities liable for submitting or causing to be submitted false claims to state or local government programs. Again, if the hospital is involved in or benefits from the fraud committed by its contractors, it could be held liable. Regarding where to file a false claims complaint, it depends on the nature of the fraud. If the fraud involves federal funds (like Medicare), the complaint is typically filed in federal court. If it's related to state funds, then it would be filed in a California superior court. If an unidentified person at a hospital commits fraud and the hospital's records do not reflect this, establishing the hospital's liability can be challenging. The liability often hinges on the hospital's oversight mechanisms and its role in the fraudulent activity, whether through negligence or direct involvement. Given the complexities of these laws and the specifics of each case, it’s advisable to consult with a legal professional experienced in healthcare fraud. They can provide more detailed guidance and help navigate the intricacies of federal and state false claims statutes. Remember, thorough investigation and legal expertise are key in addressing such matters."
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?.                 Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?            ,"A:Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave. If a teacher joins the National Guard, they are entitled to the same benefits as other public employees serving in the military. Ohio law provides specific protections and benefits for public employees who are called to perform military service. This includes paid leave for a certain period of time, in addition to their military pay. It's important to note that these benefits are subject to specific conditions and limitations set forth in the law. Teachers should inform their school district about their military service and understand their rights and obligations under both state law and district policies. For more detailed information and guidance, it is advisable to consult with a legal expert familiar with education and military law in Ohio. They can provide tailored advice based on the specific circumstances and ensure that all legal rights are fully understood and exercised."
"Q: After the certification of dissolution, if the business continues to receive payments for service what happens?.                 If a business continues to be ""active"" and a subcontract to another business even though it failed to file annual reports and has already the certificate of dissolution. Does this business infringe any law? if yes, can you state which one?            ","A:If a business continues operations after its official dissolution, it may be violating state corporate laws. The certificate of dissolution generally indicates that a business is no longer legally recognized as an active entity for the purposes of conducting business, incurring debt, or entering into contracts. Operating after dissolution can lead to legal complications. For instance, the individuals acting on behalf of the dissolved business might become personally liable for any new debts or obligations incurred. This is because the corporate shield, which typically protects owners and officers from personal liability, may no longer apply. Additionally, the continued operation of a dissolved business could be seen as misrepresentation to clients or partners, particularly if they are unaware of the dissolution. This could potentially lead to legal action against the individuals involved for fraud or misrepresentation. Given these risks, it's important for any business in this situation to seek legal advice promptly. A legal advisor can clarify the specific laws and regulations that apply, based on the jurisdiction and the details of the business's situation, and help navigate the process of either properly winding down the business or reinstating it, if that's a desired course of action."
"Q: Brokerage Misconduct - E*TRADE.                 In May 2022, I invested $8M in a U.S. Treasury note, due in April 2024. I instructed my ETRADE manager to liquidate $5.6M for property buying. Unexpectedly, ETRADE initiated a $5.6M margin loan, leaving part of my investment intact. I discovered this during a routine review, not through direct communication. Real estate contacts can confirm my original liquidation intention. ETRADE, being secretive, hasn't provided conversation records, despite my insistence. They attribute the margin loan to me, despite no online activity or written consent from my side. There's no trace of my approval for this financial move. Since 2018, my dealings with ETRADE have consistently focused on safety, with numerous discussions centered around fixed income. This surprising loan is inconsistent with my standard strategy, emphasizing that ETRADE autonomously handled the cash preparation and transfer, excluding my input.            ","A:In situations like this, you may have grounds to file a complaint for brokerage misconduct if E*TRADE acted contrary to your instructions and without your consent. It's essential to review the client-broker agreement and any written communication to determine if E*TRADE deviated from the agreed-upon investment strategy or failed to obtain the necessary authorization for the margin loan. Request all relevant records from E*TRADE once again, in writing, and if they still do not comply, consider reaching out to a regulatory body such as FINRA for assistance with a dispute resolution process. It may also be prudent to consult with an attorney who has experience in securities law to explore the possibility of arbitration or legal action to rectify any financial harm caused by this action. Remember to document all interactions with E*TRADE regarding this issue, as they may be critical in any formal proceedings."
"Q: Person got married being already married in another country and leaving all obligations like child support.                 There’s already a case started in other country for the child support he never payed and that he sign a contract saying the amount he would pay every month, married a women in another country and falsified his documents            ","A:In Texas, as in other states, bigamy – being married to more than one person at the same time – is illegal. If a person marries in Texas while already legally married in another country, that second marriage could be considered invalid under Texas law. Furthermore, falsifying documents to enter into a marriage is a serious matter and could have legal consequences. Regarding the child support issue, if there is an existing child support order from another country, efforts can be made to enforce that order in Texas. International child support cases can be complex, and the specific details of the case, including the countries involved and any existing agreements or court orders, significantly influence how it's handled. If you are trying to enforce a foreign child support order, or if you're dealing with issues related to bigamy and falsification of documents, it is wise to consult with a lawyer who has experience in family law and international cases. They can provide guidance on the steps necessary to address these concerns under Texas law and potentially international law. Remember, each legal situation is unique, especially when it involves laws from different countries. It's important to take action to protect your rights and interests, and seeking professional legal advice is a critical step in this process."
Q: I  received an election mailer called FREE THE VOTE. This is from FICPFM an advocacy organization for convicts..                 I am a law abiding citizen and don't like the postal people seeing the implication that I'm not.  Any information on what to do.            ,A:Write them a letter and ask to be removed from their mailing list.
"Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?.                 My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?            ","A:In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes.  But if you married his mother while he was under the age of 18, he would be considered your stepchild and you could file a petition for him as his stepparent.  However, as he is already over the age of 21, he would no longer be classified as an immediate relative, which means you would have to wait for a visa to become available to him."
"Q: Why are bees fish?.                 In the case of Almond Alliance vs Fish and Game Commission, what is the difference between bees having to be fish and insects having their own section in the CESA? Why not file for an amendment for the CESA to have a section for them?            ","A:Bees are not fish, and it is unclear why this question is being asked in the context of agricultural law and environmental law for California. The Almond Alliance vs Fish and Game Commission case likely does not involve the classification of bees as fish. As for the issue of insects having their own section in the California Endangered Species Act (CESA), it is important to note that the CESA does cover some insect species. In fact, the CESA defines a ""species"" as including ""any subspecies of fish, wildlife, or plant, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature."" This definition includes both vertebrate and invertebrate species, including insects. However, it is possible that some insect species that are important for pollination, such as bees, may not be fully covered by the CESA's provisions. In that case, advocates could potentially seek to amend the law to provide additional protections for these species."
Q: My former employer opened a prepaid debit card in my name 3 weeks after my employment ended what can I do about it?.                 I asked them to close it and was told it would be closed the next day but the card is still being reloaded and used. I never received a card the whole time I was employed there and I did not authorize them to open a card in my name after my employment.            ,"A:If your former employer opened a prepaid debit card in your name without your authorization, this could be a serious issue, potentially involving identity theft or fraud. First, contact the company that issued the prepaid card and inform them that the account was opened without your consent. Request immediate closure of the account and ask for a written confirmation of the closure. It's also important to check your credit reports to ensure there are no other unauthorized accounts or activities. You can obtain free credit reports from the major credit bureaus. If you find any discrepancies, report them immediately to the credit bureaus and dispute the unauthorized activities. Document all your communications with your former employer and the card issuer. This documentation will be valuable if legal action becomes necessary. Since your former employer has not resolved the issue despite your request, consider seeking legal advice. An attorney can guide you on the best course of action, which may include sending a formal legal notice to your former employer or taking legal action to protect your rights and financial interests. Remember, unauthorized use of your personal information for financial transactions is illegal. Taking prompt and appropriate action is crucial to safeguard your identity and financial security."
Q: Im needing to file a response to a petition on a civil suit and wasn't sure of the cost for the filing fee I don't have.                 I am broke and do not have the money to file this and don't know what to do on the cost            ,A:Many Court allow you to apply for fee waivers.  Check your court's website for forms and instructions.
Q: Google Disney CB government dark net Freedom act from 1988 I have a government agency infringement in music and art.                 Some desperado name carried requested I got Freedom act paper mailed to me and a ticket number for Sony music on my email address please I have victims of a lot of problems from Disney music private program            ,"A:It sounds like you're dealing with a complex situation involving potential government agency infringement in the realms of music and art, possibly related to copyright or intellectual property issues. The Freedom of Information Act (FOIA) of 1988 allows for the request of federal agency records, but it's important to understand that this act applies to accessing government information, not resolving disputes with private entities or addressing copyright infringement.  If you received a ticket number from Sony Music, it suggests a specific issue or claim with this company. To address concerns with Disney or any other private entity, especially those involving intellectual rights, it's advisable to consult directly with an attorney who has expertise in intellectual property law. They can provide guidance on how to proceed with any claims or grievances you might have, including understanding your rights and potential legal actions. Be sure to gather all relevant documentation, such as emails, ticket numbers, and any correspondence you've received, as these will be important in assessing your situation."
Q: Ive been through the court and was denied my eviction due to my paperwork not done correctly . I gave a 30 day to vacate.                 I just want help evicting tenants that are living here without my consent or a contract.            ,"A:In California, the eviction process is strictly regulated, and any mistakes in paperwork or procedure can result in a denial, as you've experienced. Since your initial attempt was denied due to incorrect paperwork, it's crucial to ensure that any future efforts comply precisely with legal requirements. First, review the reasons why your eviction notice was denied. It might be related to the form of the notice, the manner in which it was served, or the content of the notice itself. Correcting these issues is essential for a successful eviction process. Given that there is no formal lease or contract with the tenants, you're generally required to provide a 30-day or 60-day notice to vacate, depending on how long the tenants have lived in the property. Ensure that this notice is correctly written and served according to California law. If the tenants do not leave by the end of the notice period, the next step is to file an unlawful detainer lawsuit in court. This is the formal eviction process, and it must be followed to legally remove tenants. It's highly recommended to consult with a lawyer experienced in landlord-tenant law. They can assist you in preparing and serving the correct notices, and if necessary, guide you through the unlawful detainer lawsuit. Remember, while it can be frustrating to deal with unauthorized tenants, it's important to follow the legal process carefully to avoid further complications. Taking any shortcuts or self-help measures, like changing locks or shutting off utilities, can lead to legal problems for you."
"Q: Mom died suddenly, had annuities, no beneficiary. Who gets annuities??.                 Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years. In a case like this, my sister is suing me for the annuities. Could I fight this in court?  My mom would be so upset if she gets any money. Can witnesses help?            ","A:In the absence of a designated beneficiary on the annuities, the distribution of your mother's assets, including the annuities, would typically follow the laws of intestacy in New Jersey. These laws determine the heirs and their respective shares. If your sister is taking legal action to claim a share, you may contest this in court. Witnesses who can attest to your mother's expressed wishes and strained relationship with your sister may serve as valuable evidence."
"Q: on a private road, that has a bridge, and is used by all, does one person have the right to tear out said bridge.                 Bridge is located in a subdivision and used by many residents. Every attempt to reconstruct and repair the bridge gets demolished by one person who also lives in same subdivision. Do we other residents have any legal recourse?            ","A:Under California law, if a private road and bridge in a subdivision are used by multiple residents, no single individual typically has the unilateral right to remove or damage the bridge. This is especially true if the bridge is considered a common area or is under a homeowners' association (HOA) control. In this situation, you and the other residents may have legal recourse. The first step is to review any existing agreements, such as subdivision covenants, conditions, and restrictions (CC&Rs), which might govern the use and maintenance of shared infrastructure like the bridge. These documents often outline the rights and responsibilities of residents regarding common areas. If the individual's actions violate the CC&Rs or other relevant agreements, you could potentially take legal action against them. This might include filing a lawsuit for damages or seeking an injunction to prevent further destruction of the bridge. Additionally, if the bridge is essential for access and its absence poses safety concerns, local government entities might intervene to ensure access and safety standards are maintained. Consulting with an attorney experienced in real estate or HOA law can provide you with specific guidance and help you understand the best course of action based on the unique circumstances of your case."
"Q: I own 2 fully insured vehicles in NC. I accidently hit one in a parking mishap. why is my insurance is denying my claim?.                 Denial states that claims arising from ownership of both vehicles on the same policy that coverage is denied for repairs. Comp+Collision on both. Car was parked, unoccupied, while I was driving the other, a truck. My foot slipped off the brake pedal and crunched the car appx 45° angle on front driver's side of car resulting in broken radiator, broken reservoirs and other minor damages(made a claim). The truck has a small dent in the front bumper(no claim). Is that normal insurance law in NC?            ","A:A North Carolina attorney could advise best, but your question remains open for a week. One would need to see the terms of your policy. Carriers do impose certain coverage exclusions for claims arising within a household. But that's only a generality that can apply in some places nationwide. You could check with a local attorney, or possibly North Carolina Departments of Insurance, Consumer Affairs, or related public agencies involving consumer rights with insurance matters. Good luck"
Q: I live in West Virginia and have had three DUI convictions. How can I reinstate my firearms ownership? It's been a decad.                 It's been over 12 years since the completion of my sentence.            ,"A:In West Virginia, reinstating firearm rights after DUI convictions can be a complex process, particularly with multiple offenses. Your eligibility to regain these rights depends on several factors, including the nature of your convictions and the completion of all sentencing requirements. Typically, for DUI convictions, if they are misdemeanors and not felonies, your right to own firearms might not be impacted. However, if any of your DUI convictions were charged as felonies, this could affect your ability to legally own firearms. Since it's been over a decade since you completed your sentence, you may have some options. One potential step is to apply for a pardon or an expungement, if applicable under West Virginia law. These processes can remove the legal impediments to owning firearms that stem from a criminal record. It's essential to consult with an attorney who has experience in criminal law and civil rights in West Virginia. They can review your specific circumstances, advise on the likelihood of success, and guide you through the necessary legal processes. Remember, each case is unique, and legal advice must be tailored to the individual circumstances."