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?

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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.)

what dose SUPERVENING INDICTMENT mean when i filed for Restoration Of Civil Rights

Question

what dose SUPERVENING INDICTMENT mean when i filed for Restoration Of Civil Rights

Answer

There are two ways that a felony prosecution may proceed. The first method is by the prosecuting attorney who files a complaint or information alleging the commission of a felony. The case would then proceed to a preliminary hearing to determine whether there is probable cause to continue with the prosecution.

The second method is for the prosecutor to present evidence to a grand jury who then decides whether probable cause exists to continue with a prosecution.

When the prosecutor files a complaint or information and then proceeds to a grand jury, that indictment presented by the grand jury is called a supervening indictment because it supervenes the complaint of information.

As to the application to restore civil rights the supervening indictment was the method used to proceed with the prosecution which eventually led to the conviction that suspended your civil rights.

I recently purchased item at a store with my ebt card (cash) $5.00. I went in to the store to return it, with my receipt and unopened and th...

Question

I recently purchased item at a store with my ebt card (cash) $5.00. I went in to the store to return it, with my receipt and unopened and they were going to give me the refund on a gift card. I told them that I had my card (original method of payment) and they said they could reverse a cash transaction only foodstamps. It was 5 days after i bought it. I live in california. Thank you.

Answer

A gift card is a cash equivalent.

My father has months to live and he currently has a 30 year loan for a condo that he lives in. He has some equity (@ $23,000). If we decide ...

Question

My father has months to live and he currently has a 30 year loan for a condo that he lives in. He has some equity (@ $23,000). If we decide that we want the condo for investment purposes, would it be to our advantage to purchase the condo from him before he passes?

Answer

Probably not a good idea to purchase it before death unless you need the cash in his estate before he dies for some reason. Whoever inherits the property will get what's called "step up basis" (meaning the value on the date of death is what will be treated as what was paid for calculation of income on a future sale). If you buy it from him then your basis will be what you pay.

Can I sue the plaintiff after a judgment has been made for the defendant for a car accident if the plaintiff affidavit says the cause of the...

Question

Can I sue the plaintiff after a judgment has been made for the defendant for a car accident if the plaintiff affidavit says the cause of the accisent was speeding which it was not and the defendant have proof of the speeding tickets being dismiss in court and that the defendant never paid no money to the plaintiff which the defendant have proof also

Answer

You have no basis for suing the plaintiff. He or she felt you were responsible for the accident and they were unable to sustain their burden of proof; therefore the court found in your favor. Presumably you were defended by your insurance company so there was no expense to you.

I have 3 duis and was given the sb38 program required to get my license back, it has been over 20 years that I never completed the program, ...

Question

I have 3 duis and was given the sb38 program required to get my license back, it has been over 20 years that I never completed the program, I am trying to get my licence back do I still have to do the program? even though the courts said because I did jail time in lieu, and the program was deleted by the judge-the dmv says it is required

Answer

The statute says the DMV will not reinstate your license until you do the program. The DMV is bound by the statute. However, the statute now allows you to get a license with the Ignition Interlock Device. If you want to discuss this option with my office, please call me during business hours. 8:30-5 M-F.

I would charge $100 consult, up front.

Another option is to apply for a license, and when the DMV turns you down, file legal proceedings in court to challenge the denial. This is a more expensive process, and no guarantee of success.

Chad Maddox

714-695-1500

Answer

If you cannot afford a lawyer, you can try contacting the Public Defender in the county where the convictions were obtained.

I recieved a summons to court in two days for harassment, staking and menacing. Can I ask the judge for time to obtain a lawyer? Also what d...

Question

I recieved a summons to court in two days for harassment, staking and menacing. Can I ask the judge for time to obtain a lawyer? Also what do I need to bring to court?

Answer

You can certainly ask for a postponement to obtain an attorney. Please contact my office @ 718834-0087 for some very specific advice.

My husband of 2.5yrs left me with no notice and is now filing for divorce. He makes 3x the amount I do. We are upside in the house and our c...

Question

My husband of 2.5yrs left me with no notice and is now filing for divorce. He makes 3x the amount I do. We are upside in the house and our cars(which he currently is still paying for). My question is.....how long could I drag this out to be able to live in the house since I can't afford rent or a car payment now? I have a very small amount in a retirement fund(6k), while he came into the marriage with over $500K in a retirement plus as accrued more in another job he accepted. Is it possible that I will need to pay any of our debt? During legal proceedings will I have to pay "rent" to him?? I guess what I'm asking...what's the worse case scenerio? What's the best?

Answer

You must meet with an experienced family law attorney to protect yourself.

can you sell free software - ex. linux download client?

Question

can you sell free software - ex. linux download client?

Answer

You do not provide sufficient information to answer your question properly.

Assuming the software is free on the internet, then selling it may be deemed a deceptive business practice in MA. If it is part of a vendor package, or you have modified the software, then you may be able to sell it.

I was promoted to manager in feb it's now the end of july and been doing everything they asked and haven't been paid the increase. I asked a...

Question

I was promoted to manager in feb it's now the end of july and been doing everything they asked and haven't been paid the increase. I asked about it several times and no actions had been taken

Answer

Were you expressly promised a raise to a specific new pay rate with your promotion? You are legally entitled to the stated rate of pay you are told you will receive for your work. If you have not been paid that rate, you are entitled to file an unpaid wage claim with the state Department of Industrial Relations. Unless you were given a promise of a specific new pay rate, however, such as if they just said, "great, you're a manager now and we'll be giving you a raise" you have no legal right to any more pay than you were making before.

Answer

If you have actual evidence such as a written confirmation you are entitled to a pay raise, then you could file an unpaid compensation claim with the Labor Commissioner office local to you. Sounds though like that may not be their understanding. Many times a 'title' and more work is all there is to the promotion.

If my bank account is negative by over $15,000 can I be sued?

Question

If my bank account is negative by over $15,000 can I be sued?

Answer

Yes, the bank can and probably will sue you, but not before they run up significant interest, fees and penalty charges.

Answer

You owe the bank a significant amount of money if it is overdrawn, of course they will sue.

Per California Civil Code Section 1946 1 The unit is alienable separate from the title to any other dwelling unit for a buyer to do a OMI an...

Question

Per California Civil Code Section 1946 1 The unit is alienable separate from the title to any other dwelling unit for a buyer to do a OMI and to reduce a 60 day notice to 30 days. Question what happens when the unit is NOT alienable & separate from the title to any other dwelling unit as required under CC 1946.1 and the existing owner knows this but still tries to get away with giving existing tenants of 3 yrs a 30 day notice & using OMI as the reason for a short notice for the new buyer. Is this not considered to be fraud PS we are in a no rent control county.

Answer

Your post does not make any sense. Civil Code section 1946.1 clearly prescribes the required amount of notice to terminate a periodic tenancy based on the length of the tenant's occupation. The notice requirements do not have to do whether the unit is separate or connected to any other units.

Can a lawyer ask a potential juror if they have been diagnosed with a mental illness? Does the juror have to answer?

Question

Can a lawyer ask a potential juror if they have been diagnosed with a mental illness? Does the juror have to answer?

Answer

A barely competent judge will not allow such a question by an attorney nor would she/he ask such a question in open court. The only question on this issue that may be asked to the potnetial juror is in the juror questionnaire by the Clerk of the Court. The questionnaire may ask whether you have a medical condition that may interfere with your ability to sit for jury service.

I am 16 years old and my parents are getting divorced. If my mother is moving to Washington but my father stays in California, if he does no...

Question

I am 16 years old and my parents are getting divorced. If my mother is moving to Washington but my father stays in California, if he does not fight for custody of me, am I allowed to move to Washington immediately with my mother if I choose to?

Answer

If your father consents, your mother and father can stipulate to lift the automatic restraining order against removing minor children from the state. That would allow you to move with your mom before the divorce is final. To protect your mother from your father changing his mind, however, they really need to put it in an agreed order for the court to sign and file. If your parents can't agree, the court also can still issue an order that you be allowed to move before the divorce is final, if your mom can prove that it is more in your best interests than for you to stay in CA until the case is final.