Tuesday, April 28, 2015

Can an officer of the law threaten a 14 year old with a polygraph test in order to get information from him without the presence of his mother?

Question

Can an officer of the law threaten a 14 year old with a polygraph test in order to get information from him without the presence of his mother?



Answer

A juvenile is entitled to have a parent or a lawyer present for any questioning.



Almost 2 years ago my grandmother passed away, my grandfather and her resided in a home that they were still paying a mortgage on, with quit...

Question

Almost 2 years ago my grandmother passed away, my grandfather and her resided in a home that they were still paying a mortgage on, with quite a bit left owed. My grandfather instead of letting the home go into foreclosure, offered me and my 2 little girls to move in and take over the payment. I excepted. He left everything in the home to me and my girls, taking only his personal belongings. He had a new place set up and ready for him else where. After 8 months of living there he voluntarily placed my name on the deed as part owner in the home. This made me very happy, to have a place for me and my girls to call ours and home. A few months went by and I came into some finical cut backs, became 3 months behind on the payment. Contacted my grandfather asking for help, he refused and said the home would have to go back to the bank. For he could not afford to stay either. Nor did he want to. All the other household bills were paid, I came home one day to my power off. I contacted the electric company asap and they informed me that my grandfather had requested it to be turned off. It was in his name, I was just the caretaker on the account. This was done without and warning to me, and it started what seemed to be a very emotional war between my grandfather and I. So I ofcourse had to leave my home due to no power. Last minute arrangements for a place to live was quite difficult. The cost to turn it back on in my name was $800.00. He then approached me asking me to take my name off the deed and told me that I was not to go back to the home. Now I have been call to court, he has claimed that I stolen furniture and appliances, that were given to me by him. He has made nothing but false accusations on his claim. Of course im going to go and tell my story, no lies necessary on my part. Just any advice is appreciated



Answer

Hire an attorney. This fact pattern is way too complicated for a lay person to pursue on their own. If you go it on your own, make sure to bring copies of all bills you paid for the property.



I signed a lease in January. Part of the lease was I got to be member of an on-site tennis club. They are closing down the tennis club in Ma...

Question

I signed a lease in January. Part of the lease was I got to be member of an on-site tennis club. They are closing down the tennis club in May but didn't mention this when we were signing, rather they used it to draw me in, as it is the only reason I moved here. Am I entitled to demand a reduction in rent = to the club membership per month? In the lease is says any closing of amenities does not give the leaser the right to get lower rent or early termination. But as they knew about this and did not disclose the information when we signed, am I stuck in my rent or can I legally get it reduced?



Answer

If it is fraud you can sue and get the choice of either monetary damages or rescission. But you don't get a reduction in rent under the law unless the place has habitability issues.



Does Florida have a seat belt exemption for the disabled like Oklahoma?

Question

Does Florida have a seat belt exemption for the disabled like Oklahoma?



Answer

I honestly don't know if it is enshrined in the statute, however, I can tell you that I have seen other people in traffic court come in WITH A DOCTOR'S NOTE saying that they are physically unable to wear a seatbelt and the case was dismissed.



I'd like to move in with my mother but my dad won't let it happen. My mom is more than willing to let me move in with her since I have two y...

Question

I'd like to move in with my mother but my dad won't let it happen. My mom is more than willing to let me move in with her since I have two years before I graduate from high school. The problem is that my dad absolutely, positively will not let it happen. School's about to start and I'd like to get registered where my mom is at as soon as possible. My dad won't let me move into my mother's house due to the fact he receives money from the Missouri government because of my sisters and I. I'm not happy whatsoever at my dads but my sisters want to stay with him. For me, it just seems a lot more homely at my moms since I move around almost each year or two. I'm determined to move in with her ASAP. Help?



Answer

If you are sixteen, you and your mother can file a Motion to Modify Custody. If you're not yet sixteen, your mother can still file the Motion, and you can tell the judge/commissioner that you want to give testimony.

Good luck



Answer

Did you have a guardian ad litem? if so meet with him/her.



GEORGIA: When the parent paying child support is in jail, is there any way to (legally) suspend payment until they are released?

Question

GEORGIA: When the parent paying child support is in jail, is there any way to (legally) suspend payment until they are released?



Answer

As to past amounts no. As to future amounts, maybe, if a modification is filed in superior court and the judge chooses to grant it.



Answer

Child support will accrue during the period of time the parent is in jail. To do otherwise would be unjust to the custodial parent who continues to incur costs for the children. The payor cannot be held in contempt for his or her failure to pay during this time. Once he/she is released and obtains employment, failure to commence payment may result in a contempt. Even if a modification is filed, a Judge is unlikely to suspend the obligation as the custodial parent is entitled to a reimbursement for expenses incurred on behalf of the children.



Here's my civil action clarification and case nature: A court appointed lawyer had a pre-existing friendship with the Commonwealth witness (...

Question

Here's my civil action clarification and case nature: A court appointed lawyer had a pre-existing friendship with the Commonwealth witness ( who was also the policeman that made a traffic stop on me without probable cause and who falsify charges against me) and did represent me in trial willfully and knowingly that the relationship existed. This was a unethical act of conduct that created a conflict of interest that lead to the lawyer being ineffective representation and prejudice toward my legal defense. And I was convicted on a misdemeanor without presenting any legal defense.



Answer

So, write a letter to the judge who presided over your case detailing your complaint with your request for a new trial. (You should, however, bear in mind

that merely because your "court-appointed lawyer had a pre-existing

friendship with the Commonwealth witness" that that would NOT necessarily

have created a conflict of interest which should've required this

lawyer to withdraw pretrial as your counsel.)