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Developmentally disabled man lives next door to me and he screams and groans and squeals all night...
| I live in Los Angeles in a highly population neighborhood. I live in an apartment complex with little ventilation and I can hear tons of things. However, the worst of which occurs in the building next door. A man who sounds developmentally disabled screams, groans, squeals and hacks phlegm nightly, sometimes until 6am. The noises are jarring and disturbing. Ive lived here 3 years and it's gone on this whole time.
Recently I've become more proactive and I've called the management number on the sign outside their building around 5 times. I've also made non emergency noise complaints to the LAPD. But nothing has changed. I'm not sure what to do. The noises are really loud and above normal noise limits, however he has some kind of mental or health issue so I know he has rights as well. What are his rights in this case? What are my rights? And how can I actually get some kind of response from this situation?
| You need to move. No one can do anything becuase this is a medical condition and the noise is not intentional. Or you can wear ear plugs or listen to quiet music with ear phones.
Answer #2: Move. I live in an apartment building in NYC. It's part of the bargain you make when you choose not to live in a house on your own. Your neighbors are there. You can sometimes hear them. Sometimes smell their cooking. Sometimes their muddy shoes are left in the hallway to dry. Whatever.
In this case, it's not some wannabe rock star bashing away on his guitar at 2 AM. It's a developmentally disabled person who can't sleep. WTF do you think the police are going to do? Order him to take sleeping pills?Answer #3: Imagine how much he must suffer from it. |
[TX] Patient threatening to sue my mom for allegedly losing his wedding band
| My mom works at a hospital as a registered nurse. She has worked there for years with no issues. The other week, she had to remove a wedding band from a patient. This happens a lot, so the protocol is to store it in an envelope for safekeeping until the patient is discharged. My mom wasn't working when the patient was discharged, so another employee opened the envelope to retrieve the wedding band. Apparently, the wedding band was no longer in the envelope. The patient is now threatening to sue my mom for losing it. Should she be worried about this? She's really stressing out over it because nothing like this has ever happened to her before, and she's been a nurse for decades. Thanks in advance!
| If she followed the hospital's routine documented procedure for dealing with patient possessions and did the necessary documentation, then she should be pretty safe. If she is threatened with a lawsuit by a patient, she should report the threat to her manager and the manager should then refer the issue to hospital legal and patient relations. |
(FL) Daughter mauled by ex-husbands dog last year and they just adopted a pit bull. What can I do?
| [deleted]
Topic:
Custody Divorce and Family
| You can ask the court to modify your custody order to protect your daughter from being in contact with the dog. The court may or may not grant your request. Answer #2: I assume the problem is because your ex-husband has shared custody and your daughter has to spend time in the presence of the new dog. I would ask the court to modify the custody arrangement so that the dog isn't present when your daughter visits. If your daughter has reservations about being around another dog because of her previous experience, she shouldn't be made to have to spend the time with your ex-husband in a state of anxiety. Answer #3: Were they court ordered to not own a dog?
If not, you have no recourse here. They are free to own a dog. |
Avoiding a forced marriage on a parent's visa
| Someone I know (18) has recently learned that her parents, instead of taking her to India for a month before sending her off to college, plan to take her to India for a year and force her to marry someone she's never met. She considers running away on the day of her high school graduation preferable to this fate. The biggest problem, however, is that she's not an American citizen. She's an Indian citizen, and her visa to the US is tied to her parents, whose visas expire when they leave the country. The second biggest problem is that her parents are in possession of her documents. Her parents don't know that she knows that they plan to marry her off, but if she says anything, they won't let her graduate at all and send her away immediately. What legal rights does she have to avoid this fate? As specific examples, would she be eligible for some form of asylum to escape such a marriage? Would the TSA be able to protect her from being coerced in this manner?
CHICAGO IL
| If she’s 18, they can’t physically force her anywhere. That would be a crime. If she is 18 now, try to get her a place to live away from her parents, ASAP. Answer #2: I've seen you ask this over and over so I'm going to answer it real fast. THERE IS NO AND NEVER WILL BE A GUARANTEE SHE WILL STAY (after reporting her parents that is). Her parents can't make her leave she can be saved of that. After that the only thing she can do is try to apply for asylum or other types of visas. There is no magic thing where it's 100% that she will stay. However that doesn't mean she shouldn't try. I've been reading the news lately and someone can correct me if I'm wrong but I'm pretty sure at the very least she gets to stay here while the asylum papers are processing and that at a min can take 6 months if not longer. Even if she does lose all her visas and has to leave the US she can travel for an extended period of time while she gains skills that will help her reapply for a visa in the US. Answer #3: Also post this on te subreddit for ABCDs. It’s for Indians living in the West. There might be specific groups to help Indian womenAnswer #4: Aren't there provisions in the Violence Against Women Act (VAWA) that could protect this young lady from deportation where she is at risk of domestic violence? |
Notifying exspouse of wedding date...
| [deleted]
Topic:
Custody Divorce and Family
| Surprised your attorney didn't advise you to alert Judge to **order** that you have kiddo that weekend. Thats an important life moment and short of your ex having a funeral I can't imagine a judge not wanting kiddo their. Further, and you'll just have to go with your attorney on this, I think you want judge knowing actually we are getting married and thats why this move is needed.
Congrats.
|
[PA] Is this salaried employee who travels on the job entitled to OT pay?
| Asking for a friend. He works a salaried job in Pennsylvania making $31k / yr. His job requires him to do a lot of traveling off site but he is not compensated for any over time, just his same salaried check bi-weekly no matter the hours worked. There's no checking in or out either, no time sheets. He works 12 hour days some times. Is he entitled to OT pay?
| If he is legitimately non-exempt, he is not entitled to overtime pay. |
House Seller trying to extend rent back (CA)
| Hello,
My fiancé and I recently bought a house in California. The seller was living in the house when we purchased it, and we granted her a 29 day rent back (seller in possession) so that she had time to find a new house and move her belongings. She is supposed to be out next week. We received word this week that she has been having issues with the home she is purchasing and requested a 7 day extension of her rent back period. We denied this request due to the fact that she would become a month to month tenant after 30 days, and then would fall under tenant protection laws. Our realtor advised us that under these tenant protection laws we would have to pay her $10k+ in relocation fees if she refused to leave and we went through formal eviction processes. She is elderly and without going into too much detail, she and her (very shady) sellers agent have made the entire process extremely difficult. We are very much feeling on the defensive right now and are worried that when we go to change the locks, she will still be in the house.
What options do we have to remove her if she is still there?
| You deny the extension and then when she doesn't move out you evict her and obtain a judgment. There is absolutely no way that I would extend her time under the circumstances. You do a "rent back" as a convenience to the seller to get out of the home, not so you can be landlords for an indefinite time period.
You conduct discovery on her new home sale and you begin the process of levying her bank accounts and/or the escrow account she is using to conduct that home sale and you collect your judgment that way.
I have no idea what these "relocation fees" are, but you would need to hire an attorney. |
Nothing can be done about people slandering me at work?
| From the US.
My workplace is known for gossip, but they went too far when they said I wrote a note to someone claiming I wanted to kill someone when I never wrote such things. I had a crush on someone and wrote a note asking if he would be interested, and some gossips at work blew it up into something it isn't.
I never got fired for it since I never said and wrote such a thing, but I'm really tired of random people I never talk to slandering me when I don't even know who they are.
Since there's no paper evidence of them ever saying these lies about me, I can't get them into trouble at all? It spread like wildfire the few days I was gone but since I'm back, that cleared up any rumors that I was never fired.
That's a pretty big accusation to accuse me of saying that I wrote that I want to kill someone when I never did write or say that to anyone in there. I don't think people are stupid enough to believe it because if it was "true" then I obviously would have been fired for it yet here I am still at work because I never said and wrote such a thing about anyone.
tl;dr I didn't lose my job, it's just irritating the things people can get away with because they say it and there's no evidence while I wrote something on paper and they can twist it and turn it to their favor. I decided to ignore the gossip and continue my work because that's all that I can do. Has there ever been a case where someone has won in suing someone for slander?
| >I had a crush on someone and wrote a note asking if he would be interested
By "work" I assume you mean "my elementary school."
I think it's time for you to find a new job. This sort of thing isn't apt to go away anytime soon. FWIW, repeating rumors does not raise to the level of defamation. |
a "robbery" I don't remember committing
| I have epilepsy and often experience complex partial (temporal lobe) seizures where I appear to be awake and functioning but am not. Earlier this year I allegedly walked into the supermarket and walked out with a bunch of stuff in my purse that I didn't pay for. I still do not know what I supposedly stole nor have I seen footage. The store has a chase policy and when the security guard confronted me I allegedly tried to fight and resist him and according to the store I caused some type of injury. At some point while in handcuffs my complex partial seizure progressed to a generalized tonic-clonic (grand mal) seizure. I was rushed to the hospital and didn't stop seizing until the doctors injected copious amount of medication. It had nearly been an hour. I woke up from the coma the next day during the afternoon with my parents and a doctor in the room explaining to me what happened. I didn't even remember going into the store so I was pretty confused. They released me the next day and my hospital record notes that I had experienced status epilepticus (multiple seizures one after another with no break) and acute respiratory failure. My housemate works at the store I stole from and I am well aware of the chase policy; he'd tell us stories all the time about how some guy got chased out of the store for stealing a redbull or pack of gum. Bottom line is that I don't steal...and even if I did, it wouldn't be from a store with a chase policy. I'm a 23 year old female who teaches elementary school...I'm not rich and still have debt to pay but I would never resort to stealing. The last time I shoplifted was when a was a teenager in college. Given the hospital record as defense and a note from the doctor explicitly stating "the shoplifting was part of the seizure", how likely is it that my charges will be dropped? I've hired a lawyer for $10,000 (ouch) and so far the DA has not dropped the case. At the first arraignment they said they needed more time and my next one is June 27. What do you guys think about all this? Do I have a good defense?
My main worry is that the prosecution is going to think the only seizure that occurred was AFTER I stole and assaulted the guard therefore, there WAS intent to commit the crime.
I am in California fyi
| >I'm a 23 year old
>The last time I shoplifted was when a was a teenager in college.
So not that long ago
You may have a decent NGRI case, but you will need a medical expert to testify that this occurs to you |
Girlfriend was in a car accident and the air bags never went off.
| Girlfriend was in a car accident this morning. The whole front of the car was destroyed. Luckily noone was seriously injured but none of the air bags were deployed. I know there are alot of other variables but we're wondering, if we have grounds to sue.
| Airbags are designed to go off only in certain types of wrecks. The fact that no one was seriously injured likely means they are working as designed. |
Virginia: Can my roommate have a camera that points into my bedroom when the door is open?
| Just as the title implies. We are in VA. My son and I share a room in another woman/son's home. I provide childcare in exchange for rent. We are having problems but due to logistics I cannot move out for almost 2 weeks. Needless to say it's very tense.
Now I've noticed she is keeping a camera pointed at my bedroom. The camera is down the hall but if my door is open, it peers right in. She has another in the living room, which is fine, as I understand I have no right to privacy there. But the bedroom? I can close the door, sure, but should she have it pointed there in the first place? I don't know how many times I changed in front of it when no one was home, since I didn't know it was there.
Thanks.
TLDR - roommate has camera pointed into my bedroom and never told me. Is this legal?
| It's likely legal. You have less of an expectation of privacy in common areas such as hallways. If it was *in* your bedroom that would be a different matter. Just keep the door closed. You only have two more weeks. This isn't a battle you need to wage. |
Ceiling Collapsed during Roof Replacement
| I contracted a roofing company in May to do a roof replacement on my home. In July they subcontracted another company to do the work. They officially started work 2 weeks ago (on a Sunday) and the smell of tar was unbearable inside my home and had my children stay at families house while they worked. That Monday I decided to leave the house as well due to migraines and chest pain. When we returned Tuesday afternoon there were no workers and my house was a sauna. I contacted the the subcontrator and he said he would pass by the next day but never did. Friday morning i realized our chainlink fence was damaged and our dogs were running around the street so i texted the contractor again and he replied that he would pass by. He didnt. Later that night we left to have dinner and it was pouring outside. We returned home to our kitchen looking like a waterfall with water pouring all over and inside the cabinets, oven and stove. The ceiling had also collapsed in our family room and water was pouring over our couch and electronics. Part of our garage also had water. At 1st the contractor said he wouldnt be ale to come by till the following morning but then changed his mind and came over to help pic up debris from the ceiling. He said their machine broke and thats why noone had returned to complete work. The contractor said he would take care of all the damaged areas but is down playing the damage. My house smells moldy and when the a/c kicks in the smell of tar is also present. When the ceiling caved we noticed hard tar drips inside the a/c vents and ceiling. Saturday some workers showed up to remove the wet ceiling but said nothing can be done till the roof was complete. There was also a worker on the roof who informed us that he was sick during the week and neglected to put tarp and metal plates on the open area and thats why the water poured in. He worked through rain and sort of sealed the area but we still have water coming through the ceilings. Sunday i texted the contractor and asked if work would be done and i received no reply that day. On Monday morning he replied and said that the city permit inspector would be by to inspect that faze of the roof and the workers would return Tuesday to continue work inside and outside. I looked up the permit and there was no scheduled inspection and I texted him and he received no response. On Tuesday morning he sent me a text saying they would be working on the house today. I told him that an inspector never came the day before and they need to inspect before work continues. He called me and said they were going to work on the roof and seal it regardless and send the city inspectors pictures. I called the inspectors office and they said that inspectors must review the work in person and I scheduled an appointment myself. I texted the contractor and let them know that as per the city they couldn't continue work until the inspection was performed. The workers still showed up to my house and were very rude and loud when i asked them to not continue work and wait for inspector. I think they are scared that the inspector wont pass that faze of the work and they would have to redo it. I am on day 4 of my house being dusty and moldy with a lingering tar smell. We also have not been able to cook in our kitchen and had to throw away all the food in our pantries.
My issues is that the contractor is downplaying the incident and acting like all I need is some drywall in my ceiling and towels to dry my kitchen. What can I do to protect my property and family?
| you can make a claim with your homeowners insurance, they will either pay it and subrogate to your contractors insurance, or deny your claim.
At that point you make a claim with his insurance, or sue him.
Make sure you hire a 3rd party inspector to check the workmanship and ensure everything is tip-top before releasing the contractor after everything is repaired. |
Driving a vehicle with suspended/Running a red light...
| [deleted]
| >After being in a panic mode for a while, I ended up doing some research. Apparently since the person who owns a vehicle is given a ticket and it wasn't them driving, the tickets can be dismissed if they can prove they weren't the one who was driving.
That is 100% factually incorrect. Something is very wrong here, your uncle's name should not be on these tickets whatsoever. It sounds like you may have impersonated your uncle to the officer. |
Can I keep my computer?
| Hello legal eagles, under age redditor here from California. Currently living with my brother and his fiancé in a very unstable household, I’m sixteen and my mother’s is no place I can stay and my father is out of the picture. In the last few days I have had no choice but to leave, I fled to a friend’s place with nothing but my clothes on my back. I was told that if I wanted to move out from my brother’s they would keep my computer and my phone “because they bought them”. Yes, they bought them, but they were gifts to me and are extremely necessary for me to get through schooling and to contact other people. They have never used these items and I would be led to believe they are mine. I’m just wondering, as a minor, are they ALLOWED to legally withhold these items, or should they belong to me? And if they try to keep them, what can I do, from a legal standpoint?
| If sued, it would come down to a factual question of whether the laptop was meant to be a gift, or merely something you were given use of. |
[USA, OR] My SO, f/20, has been being prescribed Fluoxetine for severe depression and anxiety.
| Ever since I've known my SO, she's taken these meds. Half the time it seems like they help, though usually she continued to go back and forth between, normal and wanting to kill herself. She was 18 at that time. Now, two years later, it seems as though these meds are only making everything worse.
Now, I feel dumb, and horrible for not having researched her meds, assuming she had but I found that Fluoxetine is commonly found to increase suicide in people under 25. Keep in mind, my SO went to this doctor to be treated for depression, anxiety and frequent suicidal thoughts and one attempt.
This seems very unreasonable for a doctor to logically think these meds would be making the situation better.
(On a somewhat related note that may or may not pertain, I read briefly about a WARNING label that is required by the FDA to be included with the prescription that must warn about the suicide 'risk', and neither, nor my SO have seen anything like that.)
Should I/Could I take some sort of legal action? I feel like she was wronged by someone, whether that's the doctor, or Target or something. I'm sorry if this is a bad post, I've never really felt like this before.
Topic:
Medicine and Malpractice
| You have no standing to do anything legally. Answer #2: Medical advice: your SO should tell her doctor the Fluoxetine isn't working, and ask to try a different treatment. Answer #3: Many SSRIs have this as a possible side effect. They are also the best medications to treat depression and anxiety. The doctor is doing the right thing.Answer #4: Almost all anti-depressants and many other medications come with a warning about increased suicidal risks. While the mechanism isn't well understood, there is a theory that the medication works well enough that someone who was passively suicidal or so depressed they couldn't feel anything suddenly has the energy to do something about it.
If your SO has an attempt under her belt and frequent suicidal thoughts, prescribing an anti-depressant isn't only *not* malpractice, it's most likely the best thing for her. THAT SAID, everyone's tolerance for specific drugs is different, especially when it comes to anti-depressants and anti-anxiety medication. If this medication isn't working well for her (as evidenced by continuing severe symptoms of depression and anxiety) then she needs to talk with her doctor about modifying her treatment plan. That could mean switching to a different medication, adding new medications to her existing regimen, starting talk therapy, changing therapists, or experimenting with her dosage. None of that should happen without significant oversight from her doctor. *Do not advise her to discontinue her medication.*
Changing her treatment plan may end up with a temporary in-patient stay depending on how her body handles it. That should not be seen as a step backward, just a temporary safety measure while she adjusts.
I am neither a medical professional nor a lawyer. |
[TN] What good is a "parenting plan" when it isn't followed?
| [deleted]
| Your modifying a visitation plan for a 17-year-old? This woman is less than a year from being a legal adult. Did anyone ask her what she wanted for a schedule?
Throw both visitation plans out the window, and start treating her like you would any other person your wife wanted to spend time with. Your wife should text her and say, I would love to get together with you when you have time. When is your schedule open? |
Problem with an eBay Buyer
| So I sold a $270 item to a man on eBay. The shipping that was listed on the sale was for USPS. At the last minute, I decided out of good faith that since he spent so much, that I would upgrade him to a UPS shipment so the package would come sooner. I updated the buyer with the tracking number and he flipped out claiming he only bought it because of the shipping method listed and that he has had trouble in the past with UPS. Well sure enough the tracking number claims it has been delivered but the customer says hes never received it. Claims with eBay and Paypal have both been in my favor. Now the customer is threatening me with legal action claiming hes going to take me to small claims. What frightens me is that he knows what company I work for and has even threatened my job. Anyone have any advice for me? Does he even have enough to warrant a small claims sue?
Thanks
| As a Canadian who buys stuff from the USA a lot I would be pretty mad if someone sent something UPS when USPS was specified. UPS/Fedex/other private shippers charge insane customs fees to the receiver when things go across a border. You can technically fill out the customs forms yourself... at the closest customs office which in my case is over 100km away. Not to mention their depots are at the edge of town versus the local Canada Post office which is 2 blocks away. Since they always just leave a slip instead of attempting delivery I've gotta drive to the edge of town to pick up a package sent that way.
edit: Of course none of this probably applies if the receiver was inside the USA. |
Friends boss took $50 out of their paycheck
| So i had received a call from a friend of mine and they had told me that they had accidentally taken a fake $50 bill as payment. Until yesterday they had no way of checking for fake bills and they had taken the fake bill about a week ago. Today they were paid and their boss had told them that he had taken $50 out of their pay because of the fake bill. My question is, is this even legal? If not what actions can my friend take against it. We're in the state of Florida and they work at a small family owned restaurant.
| No. They cannot have their pay docked,they can be fired if they complain though. Your friend is entitled to that $50. |
[New York] Can my uncle sell a house without my mom's consent even if both of them are listed as the homeowners?
| So a while back, my mom purchased a house in Brooklyn for my uncle and my grandparents to live in and added my uncle's name as a homeowner in addition to her own. Edit: they are joint owners
My uncle recently decided that he wanted to sell the house and my mom doesn't want him to because doing so will result in my grandparents becoming homeless (we don't have room in our apartment to take them in at the moment and my mom doesn't want to put them in a retirement home). I can hear my mom arguing with him on the phone, but he doesn't seem to care what she thinks or wants, and my grandparents aren't saying anything to my uncle because they don't want to upset him (even though he's always been completely unreasonable in everything he does, they've done this for years because he's a "special" individual).
So back to the point of my post, can my uncle legally sell the house even if my mom doesn't consent? Not sure if this is relevant information, but my mom and I live in New Jersey and she can't go to New York at the moment because of work. I'm not really sure how the process for home selling goes either and I can't find any answers from my google searches, so I wanted to see if I could get some information from here so I can help my mom. I'm willing to ask my mom for answers to any questions if that will help too.
Thanks in advance!
Edit: Sorry! I forgot to mention that it's a two-family home, in case that is important!
| Not without taking her to court. (He ain't taking her to court)
Did he give her money for the home? Answer #2: How he's listed on the deed matters. He can't sell the _whole_ house, but in some cases he could sell _his half_ of the house. That, however, is mostly theoretical because it's kind of hard to sell half a house.
If he & your mom are listed as joint owners then he cannot sell anything by himself, though, and that's more common.
The one thing he could do is go to court and force a Partition by Sale, but I agree, it's unlikely that he would actually try that. |
So are we supposed to cross post every thread from BoLA here to discuss it?
| [deleted]
| No, we're supposed to let BoLA wither and die, and this sub will essentially take its place. |
Does anyone know how to get a free lawyer
| I am filing a rape report but I feel I need a lawyer. Are there any lawyers who work in child rape cases for free?
I was raped as a child, but I am not currently a child
Florida
| You shouldn't need a lawyer for this. A government lawyer (prosecutor) will handle the criminal case. Many areas have victim advocacy groups you can contact for support/guidance.Answer #2: Why do you need a lawyer? Did you commit a crime? |
[Iowa] I came close to passing a stopped school bus...did I do anything wrong?
| Hello all,
I am very shaken up at the moment.
Let me preface this by saying I am not originally from Iowa (moved here 1.5 years ago), but now I know passing school buses here is very serious business. I always knew not to pass if you were driving behind a bus, but I was not aware of what to do if the bus was in the oncoming lane and stopped.
I got off work today and was driving to grab some dinner. I was on a two way street. I come upon a stopped school bus. It was in the oncoming lane (as in, the front of the bus was facing me). It had it's stop sign out. I had never seen this before, I knew to never pass a stopped school bus if you were BEHIND it, but in this case, it was in the oncoming lane.
Anyways, I assumed I needed to stop in front of the stop sign it had out, so I did. I saw cars coming behind me, and I started questioning if I was supposed to have stopped? The bus driver, and some older man behind him, were both staring at me, giving me a weird look. For a second, for some reason, I thought they wanted me to go (I'm stupid...I know).
I crept forward about 2 feet and the man behind the bus driver yelled out the window "HEY! DON'T YOU SEE THE STOP SIGN?!". I slammed on the brakes. At this point the front of my car was probably about three feet in front of the stop sign. I opened my window, said I am stopped and waiting, and that I was sorry. Both the bus driver and the man kept staring at me like I was crazy.
After about 10 seconds, the bus driver retracted his stop sign, and I drove off.
I am very shaken up. I now know how serious this law is here in Iowa (and probably every where). I am worried he is going to report me. I DO NOT want this citation on my record. It was an honest mistake.
I drove around looking for the bus driver to talk to him and apologize. I ended up finding another driver from the same district. I stopped and spoke with him. He was very nice, and he said that since I didn't drive away, that I should not worry about it. He took down my name and information and said he would communicate my story to the other drivers just to make sure.
This made me feel better, but I looked up the law and it states I'm supposed to have stopped something like 15 feet behind the stop sign...where as I stopped directly in front of it, then crept forward another three feet before coming to a final stop.
I feel like such an idiot. I left the bus driver district manager a voicemail explaining what happened, apologized profusely, and said I'd be more than happy to speak with him about it.
Do you guys think I am going to get a citation for this? It looks like I technically broke the law since instead of stopping 15 feet behind the stop sign, I stopped right at it, then moved forward three feet. Will they hit me with this technicality? Do you recommend any action on my part at this time?
Thank you.
Topic:
Traffic and Parking
| Talk to a therapist about your severe anxiety, stop for stop signs next time, and quit going out of your way to admit to crimes. If you receive a ticket then talk to a traffic attorney. |
If you have a pool in your gated back yard, and someone trespasses and gets hurt/drowns, are you at fault in the US?
| Can someone ELI5 the general laws surrounding this type of scenario.
My parents just put in an above ground pool, they have a gate with a latch. Mom thinks they’re fine putting a lock on the gate. Dad thinks they need to keep the pool covered at all times when not in use, and to keep the ladder locked in the shed.
Dad is worried about theoretical people trespassing, getting hurt, and it being his fault and having a huge legal/financial issue because homeowners insurance doesn’t cover pools.
| > The attractive nuisance doctrine applies to the law of torts, in the United States. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children.
Make sure you have insurance that covers anything that might happen. |
Landlord taking long time to return deposit (CT)
| Not sure what to do here guys. Moved out of our apartment in CT July 18 to our new apartment out of state. Each time I ask the landlord about the security deposit they say they are waiting for water bill at the end of August. From what I've read online, the landlord has 30 days to return the deposit or 15 after receiving a forwarding address (documented August 4). Have a bad feeling she is trying to screw me out of my money and since I haven't been able to find a job at the new location yet, we could certainly use it. When we did the walk through, landlord said everything looked fine. Wtf is taking so long! What's the best way to ensure I get all my money back? We cleaned (shop vac+moppped) before we left. Been frustrated for a while now so any advice is appreciated. Sorry if formatting sucks I'm on mobile
| > The landlord must return the security deposit to the tenant within thirty (30) days after the tenant moves out, if the tenant has not caused damage to the premises. The landlord must return the full security deposit, plus interest. If the tenant has damaged the premises, the landlord must return only the amount of the security
deposit that is left, if any, after the landlord uses it to fix the damage and must provide an itemized list of what was charged for the damages.
> The tenant must give the landlord **written** notice of his or her new address so that the landlord knows where to send the money. A landlord who does not respond within thirty days may be liable for **double** (2 times) the amount of the security deposit.
Source: http://www.jud.state.ct.us/Publications/hm031.pdf, page 10
You might be in for a nice payday |
Officer searched my car illegally and found alcohol (I am under 21)
| A police officer illegally searched my car without a warrant or probable cause at a DUI checkpoint. He found alcohol and I am under 21. He searched my car while I did sobriety tests and drug/narcotics evaluation. I blew a .00 on two breathalyzer tests and passed all of the parts of the examination and sobriety tests. When I came back to my car he had been through everything in my car (he found my drivers license on his own which was inside my console inside my wallet and found alcohol). It took him between 5 and 10 minutes to find the small amount of alcohol. When I confronted him and told him he violated my 4th amendment rights and could not charge me with illegally obtained evidence, he said that the alcohol was in plain view. This was a lie because it was wrapped up in a large beach towel and under a seat. I was not under the influence of anything so all I am getting is a citation. How do I go about dismissing the citation through the exclusionary rule? And also, how can I file a civil suit against the officer? (I got his name, department, and badge number)
Edit: I live in Pennsylvania, about an hour away from Philadelphia
| >How do I go about dismissing the citation through the exclusionary rule?
You hire a traffic lawyer.
>And also, how can I file a civil suit against the officer?
You see if you can find a civil lawyer to take the case, which is unlikely. |
I am a 19 year old with serious heart conditions being kept at work and threatened with disciplinary action or even termination
| Like the title says I’m a 19 year old guy and I’ve got a whole slew of health problems in general but recently I’ve been struggling with something called pericarditis and it’s started getting pretty severe.
I’ve been told by doctors I need to rest and take it as easy as I possibly can until I can heal but management where I work (dish shifts in a kitchen) has all but said I’ll face disciplinary action and or termination if I take time off work outside of my scheduled time off.
What can I do about this? Is the law on my side?
Topic:
Healthcare Law including HIPAA
| Have you requested an accommodation from your employers? What was that accommodation? |
[Hypothetical] I am extremely ticklish. If Person A tickles me and I flail around, hitting Person B hard enough to break their nose, who is at fault?
| Liability isn't an either or proposition. There can be shared liability; for example, he could be 90% responsible, and you 10% responsible for standing too close when he knew you were going to be tickled. But if the response is a truly an involuntary response (which I don't consider tickling to be), then you wouldn't be able to be found guilty of any crime which required specific intent. |
|
[CA] My car was stolen recently and was just served a subpoena for witness. Have a few questions and concerns.
| A few weeks ago my car was stolen from the garage of my apartment building. I didn't notice until the next day but immediately filed a police report. They caught the guy (after a pursuit and my car getting totaled) a few days later.
Fast forward a until a few days ago when I was served a subpoena for witness. Thing is, he's being charged with felony evading, which I was not a witness or a victim of. I shared that I had some safety concerns about going to court due to the uniqueness of my name with detectives. Apparently that went unheard because all the detective (same detective, delivering the subpoena) could do when I reminded him was shrug.
I've been calling and emailing the DA's office since and no one has been able to answer any of my questions.
Why am I being brought in when I didn't witness the charge? Should I be concerned about my safety? Is there anything I could be doing that I'm not?
| You're probably a witness that it's your car and that your car was stolen. Obviously, you aren't a witness to what you don't know.
You just have to answer truthfully.Answer #2: Okay. While I won't tell you that the chance that this person will track you down is 0.0%, I will tell you it is essentially not going to happen. You witnessed a mafia don personally commit a murder? I'd be worried. Your car was stolen and this guy has other felonies pending - no need to worry. You are more likely to get injured on your way to court.
You are a witness because you have to testify - for example - that your car was a 2015 Toyota Highlander, license No. XXXYYY and you didn't give Francis the Felon permission to drive it, and that you reported it stolen. Then the cop will testify that Francis the Felon was found in possession of said 2015 Toyota Highlander Licence No XXXYYY and claimed that he had permission of the owner to drive it when he was pulled over.
Don't worry about this. Do your civic duty, be proud of yourself, earn that beer at the end of the day. |
Uncle's wife just sent him a picture of her blowing another man, anything we can do? State of Kentucky if that helps.
| Contact a divorce attorney?
Answer #2: He should speak with a divorce attorney -- unless he's into this kind of thing. |
|
Landlord wants us out becose he smelled weed
| So a freind and I are just started renting a apartmenrt 2 days avo. My freind already had a great idea to light up in the house I tried to tell him no, but he told me it would be ok. But it was not 15 min later the land lord calls him asking why the fuck it smells like weed down there so we flip shit and we clean the place up. An hour later he texts my freind that he wants us out of the apartment right away. So how I am scared and dont know what to do. i dont know if this is a good thing or a bad thing but there is not contract there are just text messeges and cash. So is he able to kick us out? Thanks any info on the laws would be awesome. Oh ya this happened in Brooklyn ny.
| Legally, you have established tenancy because you have agreed to rent the apartment, and have moved in and paid rent. A verbal rental agreement is equivalent to a default month-to-month rental agreement, so your landlord could end your tenancy with the appropriate amount of notice before the start of the next rental period.
A single incident of violation of the terms of a lease like this one (called a curable breach) should not allow the landlord to end your tenancy. There was no police response, no arrest, and no conviction, so the landlord has no evidence that you violated even the conventional "commit no crimes on the premises" element of every lease and you cannot be evicted under the [New York specific "bawdy house" rules](https://www.reentry.net/ny/search/attachment.265297). And even eviction for drug use on the premises, when it's marijuana, requires more than three criminal citations in a year.
But in practice you've managed to piss off the landlord just two days into your tenancy, and it's a landlord sketchy enough to be renting to you in cash, which suggests that there's something wrong with the arrangement (like an illegal sublet).
New York City has some complex rent control rules that I'm unfamiliar with that may affect your situation.
It's very likely that the landlord will calm down, since he can't legally evict you without a court order. Apologize and then actually don't smoke weed in the apartment anymore.
​ |
Tree on MD home property hangs over a state road. A truck hit a large branch, which hit neighbors car.
| [deleted]
| Overall, not your problem. The state is responsible for trimming over thier roads.
The moving truck may be responsible if they were over legal height(13'6" in most states). Even if they are of legal height they broke the law leaving the scene of an accident.
Neighbor should file a claim with thier auto insurance and let the insurance company work out chasing the responsible party. Whomever witnessed the accident should file a police report. |
If this happened in the U.S. would it be considered protected speech?
| http://www.mirror.co.uk/news/uk-news/gloating-drug-dealer-who-posted-7361200
Edit: Drug dealer is given a suspended sentence. He goes on Facebook after the case and gloats about suspended sentence and calls the judge a derogatory name. The judge has now called him for resentencing after getting her feelings hurt.
He wrote:
“Cannot believe my luck 2 year suspended sentence beats the 3 year jail yes pal!
“Beverly Lunt go suck my ****.”
Lunt is the judge. After that she called him in for resentencing.
| It is protected speech. The judge could probably modify sentencing, though, to send him back to jail, as the suspended sentence would usually be based off of conditions such as not doing dumbass Facebook posts like the guy in the article. |
Can you be contractually obligated to pay if your employer goes under?
| This question is in regards to a situation my parents are in. This is in South Carolina.
They were recruited to a hospital (RNs) and moved because of the good pay, better location, and bonuses.
In their contract it states if they terminate the contract within 2 years, they will be forced to payback the bonuses and travel expenses paid for them: amounting to 65000$.
I understand that. But apparently the contract states if the contract is ended on either side, they will need to pay.
They've been working there for awhile now and have learned the hospital is apparently in financial desperation and might close. They've been told if that happens they will have to pay out their contract.
Is this seriously legal???
| Get to an employment lawyer ASAP to review the contract, since this is 65K. How close are they to 2 years?
Answer #2: NAL it probably means if the quit or if they're fired for cause, since this employer is closing it would be impossible to enforce the contract (google "contractual impossibility doctrine") |
(Ontario, Canada)I got hit in the face with a falling microwave because of faulty shelving in my rental unit
| Anyway, freak accident story time. I came home and opened my microwave door like a normal person, and then entire shelving unit where I stored the microwave came crashing down. The shelving unit has never been wobbly and the previous tenant kept their microwave there, so it was an unexpected event. The microwave hit me in the face and I started bleeding from one of my eyes. I tried to catch the microwave because it crushed some dishes I stored underneath. The entire thing was too heavy for me to put down, I was worried that I might step on broken glass since my back was turned. Once again, a reminder that at the time I was bleeding in one eye and the room was spinning because I got hit in the head. I cried for help until another tenant knocked on my door, she called the super and I waited for another 10 minutes for them. When the super entered the unit, he helped put down the microwave went to work to install the shelving back up. He volunteered to drive me to the nearest clinic, I turned down the offer since I already called an Uber by then. The doctor later prescribed me antibiotics, and also scheduled an appointment with an eye specialist for me because of some evident trauma to the eye. The property manager has contacted me a few times by email or phone since then, but I can’t help but get the feeling she’s trying to downplay what happened. I’ve been hesitant to correspond with her since then. I took pictures of my injured eye, and one picture of me holding the fallen shelf and microwave while I was waiting for help. I’m not sure what my avenues are, so far I’m considering filing an application with the landlord and tenant board. I’d like to get at least compensated for my scratched up prescription glasses, the fee for visiting the eye specialist, and all of the broken dishes and microwave as a result of the incident. Do I have any recourse, and what steps should I take next?
| >freak accident story time
That seems to be all it was. If that shelf was in use for many years without any issues, it would be very hard to prove negligence on the part of the landlord.
The good news is that your renter's insurance will usually cover this type of event. |
Question about a policeman's modification of a driver's license. [x/post from /r/police]
| http://i.imgur.com/MdNs5Pw.jpg
My sister flipped her car, blew into a breathalyzer, and refused a blood test. She received her license back like this. Basically someone poked a needle through from the back (you can feel the raised bumps on the front) four times. Is this an indication to other officers that encounter her that she has been in an accident recently? Or under suspicion?
What can she do about it aside from get a duplicate license, it seems almost incriminating. And I would dismiss it if it weren't for the fact that the holes are evenly set apart and all poked outward. I've never seen one like this.
What do you think? I'm not sure what subreddit to put this in, so here I am.
edit: Oh! Bot said I should say I am in eastern NC. Sorry about that.
| Had a family member who is a state trooper. The dots are staple holes and would be an indicator to the cop that she'd had a ticket. You can replace it if you want, but if the cop ran her license, they might see the prior anyway.Answer #2: LEO in NC.
As other have posted those are staple holes. When we take your drivers license for DWI we hand it over to the magistrate who staples the license to the affidavit which lists probable cause for DWI.
It gets stapled to the affidavit so the license does not get lost or fall out of the stack of paperwork while its heading to the clerk of court.
What then most likely happened is the magistrate found no probable cause for DWI or your sister blew less than a .08 BAC. In both cases the license is returned to the defendant. Magistrate probably just stapled it out of habit.
You need to have a conversation with your sister about whether she was charged or unarrested.
No matter what she should have been given a white tall half page Intox EC/IR II test ticket which will show her BAC.
She should also have two light full sheet size green affidavits which say defendant copy at the bottom center.
Also look for a pink carbon sheet which states North Carolina Uniform Citation at the top center, if she was charged it will list her charges on that sheet as well as her court date. |
[MT, US] 18 weeks pregnant. They can't fire me for taking doctor-mandated time off, can they?
| I'm 18 weeks and this is my second sick day since I started six months ago. I've taken other time off work, but those were all pre-approved vacations or requested time off.
My midwife thinks I might have a bacterial infection and wants me home, where nasty, snot-nosed people can't get me any more sick. I originally asked the doctor for just today off, but she insisted I take the rest of the week. I'm leaving next Thursday (so only working M,T,W) or she would have made it two weeks. She's very serious about my health, mostly because I have a weak immune system and now with the baby and all....she's worried.
I emailed my bosses, but didn't tell them why I was taking time off, just that my doctor said I had to. My boss immediately called me and asked (repeatedly) what was wrong. Isn't that illegal?
When I finally told him, he jumped down my throat, told me I put them in a huge bind and asked if I realized that I had a job. He told me he didn't know what the difference between working and staying home was, as I just work at a desk. I'm a push over and said that maybe I could come in tomorrow.
My boss said that was "okay, not ideal" and then made a few comments about how I seem to take a lot of time off work and I'm not very far along yet.
I'm going to get in touch with my doctor again and see what her advice is regarding going back to work.
Can they fire me for taking time off? What are my legal options if I am fired?
| >Isn't that illegal?
It is not illegal to ask. They are likely just normal concerned people. It is illegal to require the information (in most circumstances).
Does your employer have more than 50 employees and have you worked there for more than a year?Answer #2: Whether or not you qualify for fmla is key here. Answer #3: Your midwife isn't a doctor. Who exactly told you to stay home? |
What is the legality of purchasing prescription skin creams from Mexico and shipping them to the US?
| Exactly as the title says buying tretinoin and retinol online.
[Virginia]
| NAL. I'm sure it's technically illegal, but also reasonably sure that since you're buying a non-narcotic face cream, you're more likely to lose your money to a shady site than attract the attention of the government. (There are non-shady sites, FWIW.) |
Broken medical device is in my body, doctor who placed it won’t do anything about taking it out
| Nevada.
I had a chest port placed in December. It’s accessed fairly frequently and recently upon access it’s been really painful and flushing really hurts. Therefore it probably needs a dye study/replacement. The doctor who ordered it for whatever reason is saying that he cant/won’t order this pretty basic study to see what is going on. To replace it. Not a great situation. I’m trying to get him to then remove the device and come up with another treatment plan (I don’t have many options being in a wheelchair is one of them I have 2 rare medical conditions but if this ding a ling isn’t going to appropriately manage risky medical devices then I’ll take the chair).
How do I now get the device removed? Deal with this guy basically putting me at risk? Medical neglect? I can try a neurologist, primary and GI to get it ordered. But they’re going to say the same thing “he ordered it in. He orders it out.”
Topic:
Medicine and Malpractice
| >But they’re going to say the same thing “he ordered it in. He orders it out.”
No, they aren't. Go and find a new doctor. |
Police called CPS on my mother?
| Hey legaladvice. Let me explain what is going on. I'm in the state of Texas by the way.
This morning I woke up and went to my grandmother's house and forgot to lock the door. As a result, the dog got out, a neighbor must have noticed and put him back inside. When I got home, there were 3 police cars in front of my house who searched my house under the thought someone must have broken in. Almost immediately they commented that the house was "in disarray" and that they would be contacting CPS (I have a 12 year old sister and 16 year old brother). I immediately began sobbing and having a bit of a breakdown and combined with being nervous around police, I told them that a lot has happened recently between my mother and I (mother is head of the household). I'll admit the house is a bit messy, I have a dirty bedroom as does my mother, but when I say dirty I mean, the floor is my laundry basket, not like there's broken glass, animal feces, etc and a few trashbags that I forgot to throw out last night. My dog also had an accident on the floor, but he's very old, going blind, and occasionally has accidents in the house to which they also called animal control to look for signs of animal cruelty despite an officer commenting on how healthy my dog seems for his age.
For a bit of background information, my mother was in the middle of a falling out with her husband and is getting a divorce, meanwhile I'm struggling to find meaningful employment. I think the police took this completely the wrong way as before they left they said "if you have any problems with your mom again give us a call". My mom isn't some abuser or addict, she's just a little sloppy but not to a point of endangering anyone let alone her children.
A bit more background is, there's a neighbor who just hates me and my family and calls the police for every petty reason. This neighbor recently had the city health department beating on my door every week for a couple months about our swimming pool not being clean which was a huge headache and frustrating dealing with different departments within the city to resolve the issue.
I'm totally freaking out here at the thought of CPS getting involved. What is going to happen from here? And what are some possible options? We really don't have the money for any legal representation.
| Cooperate with the CPS investigator. If there are no issues of abuse and you and your siblings are being taken care of appropriately, they will close the case and move on to the next one.
In the interim, clean the house (and pool) to within an inch of its life. Make sure the laundry is done and put away, that there is food in the fridge, and that there is nothing dangerous around (guns, drugs, etc...). Make sure there are no more doggie accidents inside; maybe consider boarding him for a while. Make it as easy as you can for the CPS to find nothing and close the case. |
What are the options? Am I screwed??
| 2 years ago I got a DUI in Colorado. I live in Cali now, but still on Probation in Colo. They know I live here. Im on out of state probation.
I have a month left of probation, finished all my community service and paid off everything. Im basically done except for one thing, sobriety.
Im an alcoholic and now getting better and recovering, but because I got a DUI I have an interlock and there have been a few occasions when I was drinking at night and in the morning blew hot thinking I was okay. My probation officer wants for the last part a record of my interlock. I never had to do a drug test and my monitored sobriety was very non existent. But now that theyre asking for the record, its gunna show the few times I blew hot in the morning.
My question is, I know Im gunna break my probation when they see it. What exactly could happen? Will they make me go back to Colorado? Will I go to jail? What possibilities can happen?
I got a really good life in Cali with a good job and going back to school, and being forced back to Colorado will completely ruin everything Ive worked for. I know its my fault, I just want to know what could happen to me.
Ive never had any priors, never been to jail, and a model citizen that made a stupid mistake during my alcoholic time, the last thing I want to do is get in more trouble. So Im terrified. Thanks
| The best and safest advice is to ask a lawyer. The risk is just too high to trust any advice not given from an actual liscensed attorney who's taken your case.
The best answers you will get here will contain a lot of qualifiers like "likely" and "usually" and "often". And when comparing what you have now to what the possibilities of not meeting your probation are, well that's just not something you should gamble on. |
(Maryland) I run a summer camp with the city and I am getting put in a position where the kids can't use the restrooms while parents are getting upset at me and threatening legal action
| So I am currently the director of a summer camp in Baltimore that works in association with the city. The building is set up with the camp running downstairs and the city uses the upstairs section for events and parties. The bathroom connects the two sections together. We have had a few instances now where an event went on and they locked the bathroom without any prior notice. Some kids were unable to use the restroom for long periods of time after being outside and coming in to find they couldn't use the restroom when they had planned their breaks around that. I have asked the upstairs group to make sure that isn't the case, but they have complained that "noise is too much of issue, and only people at the event can use the restrooms." I would argue that the noise is very minimal and the groups act incredibly respectful considering the number and age of the campers, but I don't know if there is any legal way to measure that. We have tried to compromise by asking for a heads up and by having staff watching the bathrooms at all times during these events so kids simply go in and out but they will not budge on the issue. I have also suggested temporary outdoor structures the kids could use during events, but my ideas have been largely ignored.
Now parents are starting to rightfully get upset about the issue. I have had to deal with parents complaining and threatening lawsuit despite the fact that I feel powerless to enforce any changes. I have been documenting everything in case of such an event, but is there anything else I can be doing to protect myself and my organization from legal troubles? Also is there any law that shows it is illegal to deny campers use of restroom facilities in Maryland so that I can just share that with the group upstairs so that they can better understand my concern for the well being of my kids? I am concerned if this happens again a kid may be in a bad position I would never want to put them in. Thanks for any help in advance!
| Is there a lease or other writing governing your use of the building?
Are you an employee? Of whom? There are probably OSHA standards about having restrooms for workers.
Who is in charge of the building - a city council or administrator? Go to that person.
Answer #2: I'm shocked at your restraint. I would have marched the kids right through their event the firstt time they locked the doors. Answer #3: I think you need to get the parents on your side. Complaining to YOU does nothing. The Director of Parks and Rec and the building administrator might ignore you, but if they have dozens of parents calling and yelling at them (and threatening lawsuits), they will change their tune. Answer #4: Ok- after some digging in the [Code of Maryland regulations](http://www.dsd.state.md.us/comar/SubtitleSearch.aspx?search=10.16.06.%2a)-
10.16.06.38 states-
"10.16.06.38. 38 Toilet Facilities.. A. Except as provided in §C of this regulation, an operator shall ensure that:. 1) Toilet facilities are constructed, located, and maintained to prevent a:. a) Nuisance; or. b) Public health hazard;. 2) For residential camps, one toilet is provided for each 15 campers or fraction of 15 campers;. 3) For day camps, one toilet is provided for each 35 campers or fraction of 35 campers;. "Answer #5: Why don't you have copies of the restroom keys?Answer #6: Whom have you spoken to so far? |
My dad stopped contributing to my parents' finances a year ago. Is there anything legal my mom can do about her situation? [California]
| My dad is 55. He has the equivalent of a high school diploma and some food prep certifications. For the past couple years he's been working seasonally in Alaska gutting fish. He stopped directly depositing his paychecks to my parents' bank account about a year ago and won't hand them over to my mom when she asks for them.
My mom is 60 and she's a nurse. She has a high salary but is in hundreds of thousands of debt with no retirement fund (besides me). They're married but he doesn't contribute to things he should, like their house, their cars, insurance, etc. My mom has struggled to break even each month for a while now.
She doesn't want to divorce him and she doesn't want to sell the house, but she'd rather sell the house than divorce him.
I hope that's enough info about them. If I need to provide more info to get your advice just let me know and I'll look up what I can. Thanks all.
| They are married. What makes you think he is obligated to deposit money into an account? |
my friends mom sold her puppy behind her back
| my best friends mom sold her dog behind her back and we dont really know what to do. shes had her husky pup for about a month and her mom just suddenly sold the pup behind her back and we're both furious. shes done everything and anything for this pup. from taking her to the vet to paying for everything. we dont know what to do and any advice would be appreciated.
| If someone sells your property without your permission, you call the police--but that's assuming that this is an independent dent adult who doesnt mind seeing her mom get in trouble if it would get her dog back.Answer #2: This is a pick your battles kind of moment. While your mom shouldn't have sold the dog and your friend is owed the value of the dog from her mom, your friend is also living with her mom, which I imagine is worth a lot more than the dog. So, is getting the value of the dog worth potentially losing a place to live? |
[WI] My mom passed away and left behind a lot of credit card debt.
| She has somewhere in the neighborhood of $20,000 credit card debt. She refinanced her house for $39,000. There may be life insurance on the mortgage. It's unknown at this point. She had approximately $10,000 cash in her checking account. She has 2 life insurance policies that look to be worth $30,000 that should go to me. The house which is valued at $110,000 is going to my brother. We are meeting with an estate attorney on Thursday but my sister in law is saying none of the credit card debt needs to be paid. My sister is saying that the credit card debt should be paid off first because it's high interest. From the research I've done it looks like all debt, credit card included needs to be paid before any assets are dispersed. Is this correct or are the credit cards null and void?
| Good news for you - - the insurance payments will get to you untouched. The bad news for your bro -- the house mortgage will need to be paid off, and the CC debts will go against the house/her savings as well. |
[NJ] Could my deadbeat father be entitled to his share of a settlement regarding the death of a relative?
| [deleted]
| Really: Most of your key points are not really relevant.
What is relevant would be the details of the settlement, which is not (and shouldn't be) disclosed.
In general, it would not be unheard of that a father would have a claim in a wrongful death suit of his daughter.
These questions would be best answered by the attorney(s) involved in the suit. These attorneys should also be made aware of the situation so that they can arranged to have back child support deducted from his claim in the settlement (if any). |
I did a terrible thing and posted pictures of my ex-girlfriend online. She found out and I have been served. What do I do?
| DISCLAIMER: I know what I did was awful. It is my one and only regret in life, and truly the only time I have done anything that would be considered malicious or unjust. Feel free to tell me I'm a scum bag, but I already realize that.
It's no excuse, but I did this because I was angry at her and at myself. I suffer from a condition I unfortunately see referred to as "retarded ejaculation."
During the twilight months of our relationship we fought a lot. She was one to swing for the fences with things she said during these fights, and made remarks such as "you're not even a man," "maybe I should just have sex with another guy if that's what it takes," and "I despise having sex with you." Now, right away, I know my immediate reaction should have been to leave her and put the unhealthy relationship behind me. I was young and stupid and since it was my first long-term relationship, I thought that maybe this was just how love was sometimes.
Shortly after the relationship ended a couple of years ago, I believe late 2010, I let my anger towards her boil over and began posting pictures of my ex-girlfriend online. Three of these pictures showed partial nudity (topless), two of the topless pictures included her face. Attached to these pictures were personal information related to her and our sex life. I stopped soon after I began, but they slowly spread out from where they had been posted. Eventually someone contacted her, and she and I had a long talk about it. During our talk she, again, set me off saying that she never remembered saying any of what I told her she had. I felt like I wasn't even important to her ever, like she didn't even care, and posted them again.
I was contacted by my local police in early March of this year. I went down to the police station, gave my side of the story waving my right to representation, and months later was told that the Crown Council had decided not to press charges. I do not know why.
I thought I had put all of this behind me, maybe I don't deserve to, but tonight I was served with papers. The papers request my immediate attention and a response before November 2nd. They seek to avoid litigation and to find "resolution of this matter by way of consent judgment against [me] for breach of privacy and defamation, as well as a monetary payment of $200,000 to Ms. X."
I would never have imagined myself being in this situation. I've lived my entire life being a warm, caring, kind-hearted person. I did this awful thing and have no idea what I am supposed to do. I have no way of being able to afford a $200,000 settlement, and I'm not even sure what "consent judgment against" implies. Though I know I don't deserve it, I'm asking for help.
Possibly important details:
- I am a Canadian citizen, she is an American citizen.
- The pictures were all taken by her, the vast majority of which in the US.
- They were all posted from my home in Canada.
- I have no prior criminal record and have not been sued before.
| You're going to have to get yourself an attorney, on this one. An extra-territorial lawsuit with potential criminal implications is very, very complex.
More, don't ignore this; if you do, you run the risk of the court declaring her the winner automatically, and then they will find ways to get the $200,000. |
My Father is being sued by someone who destroyed his property
| Sorry ahead of time for any issues. I don't post much at all and never have for legal advice.
My father owns a small business. A few weeks ago an employee (let's say Jim) got drunk and passed out. The van was found by police rolled over on the highway.
Jim's sister was driving the van. She's saying Jim lent her the van. Jim is saying he passed out and doesn't remember anything.
No one was killed but there was a friend in the van who os fine and Jim's sister got some bumps and bruises and now she is suing my father.
My father told the police for all he knows the van was just stolen by the sister. However the police are saying that they don't see it that way.
Any advice I can give him, thanks in advance?
| Yes, advise him to contact his business insurance and or a lawyer. Answer #2: The police have nothing to do with a civil suit.
What is she suing your father for? |
Lives in [LA] being served by [TX] over land "inheritance" that was never in a will.
| My husband brother passed away a few years ago in a car accident. We started getting notices this year that my husband had inherited property from his brother. This land who my husbands father received after his wife died was passed onto him and the brother. When the brother died it passed down to his siblings. We do not want this property. Husband hasn't set foot on the property since he was a young child and I have never even been there. The school district is suing us over unpaid land tax over a property we never even had connection with.
What do we do? They want us to make a court appearance but that will be very difficult because like I said it is in TX and we are in LA.
| >over a property we never even had connection with.
He does have a connection, he's part or sole owner.
He contacts the court and ask if he can attend the hearing via telephone, and if not, he flies there and attends the hearing in person. Then he sells the property, and pays off the taxes with proceeds from the sale. |
Been Asking For A Raise For Months. Got Let Go. See Job Posting For My Old Job With A Higher Salary
| I've been having a hard time with my work and boss. Part of the problem is we haven't been getting along since she hired someone I can't stand. Part of the problem is my job barely covers my living expenses and I'm a single mom.
I've been asking her for a raise since March to help cover expenses. I've even told her I might have to get a 2nd job to help out. I see people in my office bragging about getting raises and bonuses monthly which isn't helping my morale. Its a new company so most everyone has been there less than a year. Other than rent my most expensive costs are I see a therapist to help cope with depression and I pay a lot for daycare. Our health insurance does not cover any mental health services.
I asked for a raise one more time on Monday telling her about these problems. She said no, it's not in the budget. On Tuesday I got called into her office and got fired.
Today I was looking online for a job and saw my old positon up. The salary is about $5000 more a year than what I was making. It's spiteful on their part and making me feel worse. Is it legal for them to do that?
Topic:
Employment Law
| Not illegal. Good luck w job search. |
I was dumb and have several thousands of dollars in traffic tickets from years ago that I still need to pay off. Would I be better off taking time off work and traveling down to go in front of a judge or just contacting a lawyer?
| (California)
So I've been dealing with depression and putting off a lot of things I should have done years ago. I have about $5000 in traffic tickets (speeding &not having registration) from about 8 years ago that I've been ignoring partly because I was living paycheck to paycheck. This whole time my license has been suspended and I haven't been able to drive.
I dont care so much about getting my license back, but I would like to pay off my debts before they start garnishing my wages.
I finally called the court and they said that my only options are to make payments or appear in front of the judge, but then I don't even know what the judge would say . Then I would just be wasting hundreds of dollars to travel down there.
I can also make payments, but the minimum (and only amount I can afford right now) is $100/month. That means I would be paying them for another 4 years.
Should I just talk to a lawyer? Is that going to cost me a bunch more money?
| There’s a reasonable chance that if you appear before a judge they will reduce the fines, but their ability to do so may be limited by the rules in their jurisdiction.
You can talk to a lawyer for free or very cheap and find out what’s likely and possible. Certainly give that a shot before just signing up for payment plan.
http://www.calbar.ca.gov/Public/Free-Legal-Information/Legal-Guides/Lawyer-Referral-Service |
Hit a Bell Canada line while digging for a fence.
| We built a fence in September of 2016. My father is a contractor and was on site, but we did not officially hire a contractor. We requested a call before you dig report in August. It showed that the line was 5 metres from the house at the beginning, and then moved 1 metre farther away at one point and was under our neighbour's garage. We thought this was odd so we requested another report and it came back identical.
We built the fence and drilled in the same spot as the previous fence, but we hit the line. The place where we hit it was where it was supposedly under our neighbour's garage. Bell, the call before you dig and the city showed up the next day to re-run the line. The call before you dig guy spent a long time looking confused in the backyard and measuring (in the same spot we were confused about). In addition, my husband showed one of the Bell workers the email we received with the measurements.
A long time has passed so we assumed it was all settled, however we received this letter in the mail today. Looking for some advice on how to proceed.
The letter received reads:
We are the Independent Insurance Adjusters appointed to act on behalf of Bell Canada in relation to the aforementioned loss.
Our Preliminary investigation of the circumstances connected with the above-mentioned damage to Bell Canada’s Property is ongoing and indicates that a contractor mal have been completing excavation at the above location on your behalf.
At this time we are requesting the following information:
1) Confirmation that you did hire a contractor for your project. If you did not retain services of a contractor, we would request you to provide us with the name of hired party;
2) Your position regarding liability for Bell Canada’s loss;
3) A copy of the signed agreement between yourself and your contractor.
Sincerely,
Claims Adjuster
Thanks for any help!
| Ignore the message. Unless you're actually being served, all you're going to do is give them info to build a stronger case against you.
Contact your home owner's insurance and make sure to print out/backup both sets of emails with anything dealing with the request for the line markings.
Answer #2: Even the lawyers are friendlier in Canada. Did he apologise for writing? |
Friend wants rights to his daughter
| This is what I know:
- He was once aggressive with his ex when she was pregnant - she tried to attack him and leave the house he says he held her down
- He paid child support outside of a court order until his daughter was 2 - his ex has since gone through the court to put him on ordered child support and he is now paying back $5,000 + because he was unable to provide proof of consistently paying - I'm not sure how he was unable to provide proof, he says he always transferred money through accounts, how is that not proof?
- His drivers license has been suspended because he is currently out of work and not able to make payments - also this is causing the amount he owes to go higher.
He wants to get some custody of his daughter. His ex is constantly trying to keep him away from her blocking him from her phone so he can't get in touch. He has a job but is waiting for his start date - which should be within the next week - so he can start paying the balance he owes. He wants to get a lawyer to help him with this process but is unsure of what to expect because lets face it, courts favor the mother when it comes to custody battles. He says he would love full custody, but knows thats not going to happen. He will settle for weekends with her.
sorry if this is the wrong sub reddit guys, this is basically the only info i have at the moment.
Thanks for any advice!
| The problem is, you don't really know much. Get your friend to post and maybe we can help him.
Has he never applied for some level of custody/visitation? Because simply being in arrears with child payments wouldn't block those things. |
Need to leave father of my child
| I have a baby with my boyfriend, and when I was pregnant we bought a house together. His credit is bad from being an opioid/opiate addict (with substance use and negligent driving on his criminal record) so the 360k loan is in my name. We’ve paid it off to 338k and it is valued at approximately 500k. He is on the title and has paid half of the down payment and mortgage.
3 times this year I have found him doing drugs, snorting or smoking pills. And I know he is probably buying extra adderall to keep up with work, baby and one class that he’s taking. Last week I found him smoking oxycodone and he is refusing to take accountability for it and flies into a rage when I go through his stuff to see if he’s hiding drugs.
My questions are: does he is on the title and has paid half, does he have a legal right to half the equity in this context? Also, what kind of recourse do I have for drug use if he denies doing drugs? I have written dates and details of the events but I didn’t take pictures. I wish I had. But I figured he would deny it anyway and say I planted the pictures or that it was mine or something. Is this something I can use in court for custody? I’m afraid if we don’t live together his drug use will get worse and I’d like him to do drug tests for custody. We live in Washington state.
Thanks!
| Custody and property disputes are best handled by an attorney, and before you make a move to leave the home, you need to hurry and contact one. Even though you’re not married, you should find someone who specializes in family law.
Custody and assets will be determined by a judge and they can (and likely will) require drug testing of both of you if you bring up drug use as a concern, especially considering your bf’s history. Once you get an attorney, they will do what’s necessary to get an emergency hearing set within the next couple of weeks to determine who stays and who leaves, temporary custody orders, etc., but you NEED an attorney ASAP. |
Vehicle Repossession
| So, I'm in an interesting situation. Person A has a vehicle out for repossession and the banks keep asking Person B where said vehicle is at. They keep giving us notices and asking us to contact them but we keep telling them where to look.
I informed Person A of this and they informed me they talked to a lawyer that said if the banks don't repossess the car within a year they get to keep the vehicle and the title will be mailed to them. What merit is there in this? It seems incredibly outrageous.
My biggest fear is that in Georgia as far as I know concealment of a vehicle out for repossession can lead to jail time and I'm not entirely sure if Person B will be affected by this or not.
The state is Georgia if that matters.
| > if the banks don't repossess the car within a year they get to keep the vehicle and the title will be mailed to them
That is total BSAnswer #2: They will find the vehicle, one way or another. They can even get police involved in locating said vehicle. They are better off either making the payments (duh no brainer there) or giving up said vehicle. |
My college raised my tuition by $100 2 months after I paid the bill - is this allowed?
| [deleted]
Topic:
School Related Issues
| As unsatisfying as this answer will be, yes they probably are allowed. Even assuming they aren't technically allowed your recourse isn't going to be good. Typically if a business says that you owe them money that you don't think you owe your recourse is to simply not pay them and force them to take action. Since you need to keep attending school to get a degree and what not, that is obviously not a good option for you. Sorry. |
[IL, USA] A general question... *Are* there any grounds for charges to be brought against Carolyn Bryant Donham (the accuser of Emmett Till)? Or could there potentially be?
| Everywhere I see this being brought up on social media, it's from an emotional and moral standpoint. I know how I *feel* about that woman, but I know that law isn't about feelings.
I'm wondering if there's any charges on which she even *could* be tried (considering double jeopardy and statute of limitations, etc.), like perjury or conspiracy or anything.
| Perhaps, but that statute of limitations and ability to successfully prosecute based on evidence you could realistically gather and present are the big limiting factors I can think of off the top. I very much doubt the SoL for perjury is longer than a few years in the applicable state.
Conspiracy would be tougher, you'd need to prove more than just the fact she lied about her interaction with Emmett Till; you'd probably need to prove she actively conspired with others to commit the crimes against Emmett Till (his kidnapping and murder). I don't think that has been admitted by Bryant or advanced by anyone. |
I'm running away. What documents should I take with me?
| I'm 18 and a NJ resident. I'll be leaving for New York.
I know where my passport is (hopefully it won't be moved within the next month and a half), so I'll be taking that. According to ssa.gov, I can get a new social security card as long as I have my passport.
Do I really *need* anything else? Should I take my school transcripts? Medical records (I don't know where they are, if I contacted by doctor would I be able to get them faxed or emailed?)?
edit: I didn't create this thread for any personal advice. How are the mods allowing so many comments unrelated to legal advice get posted?
| In addition to the other great points people made, I'd like to point out a minor technicality:
You're *not* running away.
You're a legal adult and you're moving out on your own. Running away is something that a child does. You don't need anyone's permission to do what you're doing. |
Does Life Insurance cover Suicide in Pennsylvania?
| Does employer sponsored life insurance pay out in the event of a suicide if the policy is 4 yrs old? Also when would the policy end if 1 was to get laid off in the middle of August. Asking for a friend.
| If you're feeling suicidal please call 1-800-273-8255 |
My sister accused my father of child abuse
| She (16) is the daughter of his wife of 4 years, made a complaint to a doctor while at a medical checkup, because her mother critiqued her driving, because she is a learning driver. Somehow this complaint turned into her talking privately with social workers at the hospital for over an hour. She said she was afraid of him, but couldn't keep a consistent story why. The next day, CPS showed up at our house with a sheriff. After 15 minutes, she told the sheriff that he could leave. She interviewed me, and apparently my sister accused my father of hitting her and having extreme anger issues. I have lived with him for all 17 years of my life and neither of these things are true. CPS is making my dad, my stepmom, and my mom, who lives hundreds of miles away, take parenting classes. My sister seems to just want to accuse him of these things when she's upset about not getting her way, and I'm afraid that if she complains again my dad might get taken away. How can I make sure that doesn't happen?
Topic:
CPS and Dependency Law
| You don't. You let the investigation complete. Just because your experience doesn't match doesn't mean she's lying, and if she is an investigation will clear him.Answer #2: You participate in the investigation to the extent you’re asked.
And trust any social worker on the job more than a few months has seen a 16 year old with an angry parent tale before. |
How can a game like Cards Against Humanity use characters from movies, do they pay royalty for the trademark or is it free trade?
| Thank you for answering it makes sense, I just wasn't sure if it would work in a board game. I did try doing previous research but couldn't find a good answer.
| They're not "using" the characters, they're just referencing them. |
Alcholic Anonymous
| I was told to attend 2 Alcoholic anonymous classes a week however its faith based and praying is a huge part of it. Would this be considered cruel and unusual punishment for an athetist such as myself i dont mind doing outpatient classes that i am already in. The faith aspect seems unfair to me thoughts? Location is Maryland.
| AA offers secular meetings that do not carry a spiritual message.
[https://secularaa.org/](https://secularaa.org/) . |
Pregnant girlfriend says she's moving to Africa with my son after he's born
| So my girlfriend is 2 months from due date with our son. The relationship has gone sour and we are both in agreement things aren't working out. She is from Africa, and has said that she intends on moving back to Africa with our son about six months after he is born so she can be with her family and friends. She moved to US about 5 years ago, and is a permanent resident (green card holder).
What sort of rights do I have as a US citizen (born here) at stopping her? Did she have the right to take my son out if the country? Do I have to talk to a lawyer about custody?
Thank you.
Topic:
Custody Divorce and Family
| Do not authorize a passport, she should need that to get the kid on a plane.
You should see a lawyer now and get set up to file for custody (with an agreement the kid stay in the country) as soon as the kid is born. Answer #2: Why is she staying in the US for the next 8 months vs. traveling back to her home country now?
This might matter, because as it has been pointed out once the baby is born she should need a passport to take your son out of the country and you would have to sign for a passport.
Right now, she can freely get on a plane and travel to wherever she wants to go, and you can't stop her.
So, if you are planning on stopping her from taking your son out of the country after he is born, you should not tell her that now. |
New Job: Wages Don't Match Signed Offer
| (Washington state) Recently, my wife accepted a job as a nurse. As with any job decision, she carefully weighed the compensation and benefits, signing an offer with all of the details clearly outlined. When she received her first paycheck, she discovered that it was over a dollar less per hour than she was offered. (While that might not seem like much, it amounts to over $2,000 less per year.)
She called HR to clear up the matter, and was told that her new pay rate was correct, and that they had made a mistake on her offer. She was told that they had attempted to call to inform her of the correction before her first paycheck, but my wife has no record of that attempt. They said they would send a corrected offer letter immediately. It's been over three months, that new offer letter has never arrived, and her pay remains the same.
In the meantime, my wife brought the matter up with her manager, who referred her to her director. Both seemed both shocked and very supportive, initially. Eventually, her director returned to her with the "bad news" that HR was correct, and that there wasn't anything she could do.
I've spoken with someone in the HR field who pointed out that, because this is a union-negotiated pay rate, there probably isn't anything my wife can do aside from ask to see the pay scale and ask HR why the mistake was made (eg - someone miscounted her years of experience).
From my outside perspective, of course, I'm mortified by the bait-and-switch. Obviously pay is among the top, if not the top, consideration when someone is deciding whether or not to accept a job. I've heard of pay cuts on rare occasions due to poor performance on the part of the employee or the company, but never before the first paycheck was ever written, and never because of an administrative error.
Does anyone have any advice I can pass along to my wife?
Topic:
Labor Law
| At the very least, she's legally entitled to back pay from the day she started working until the day she was notified that her offer letter was incorrect. (If they told her she was making X dollars per hour, and she worked some period of time thinking she was making that, they are legally required to ~~per~~ pay her that much, even if they didn't mean to). She can file a wage complaint with the state department of labor. Legally, they cannot fire her for doing this, but that might not stop them.
Going forward, she can suck it up and work for less, or or she can try to get them to honor the original agreement (e.g, through her union rep, if she has one).
EDIT: WordsAnswer #2: > because this is a union-negotiated pay rate
What does her union rep say about the situation?Answer #3: She need to take this issue straight to the union. |
I have a restraining order against an ex, and the police say they cant do anything everytime he contacts me. [OH]
| That title pretty much says in. In August of 2017 I was awarded a restraining order against my ex, after 2 long years of the police not listening to my, my concerns, and not taking his threats seriously.
Since then, he still contacts me online, and everytime I call the police they say there is nothing they can do because they cant *prove* its him. Each time he tries to contact me, I document it and block the new account.
Is there any legal action I can take if the police wont even listen to me? He has stalked, harassed, and abused me to the point its left me with PTSD, according to my therapist, and everytime he contacts me it sets be back into a panic that he is going to find me, again.
Thank you for any help/advice!
| So he's sending you emails with details only he would have or is he saying "Hey haaaalp_, it's me Jerk Face..."?
Document document document. Keep a spreadsheet with the date the event (computer contact , phone contact), you heard from him, etc. along with notes about what has happened. Call the police every instance but also ask for an Event Number (or whatever your PD calls it). To provide that, they will have to take notes about what you have told them. Note the call time / date / officer name and event number on your spreadsheet. Also ask them what the specific proof is they need to "prove" it is him. Call the DA or City Attorney (whomever issued the RO) and ask to speak with the Victim Advocate. She / He should be able to give you next steps or escallate with the DA/CA.
NAL, but going through the same thing only the guy (who was a mere acquaintance pre-stalking) is showing up in person. Showing up 3 - 4 times in an hour and a half. Because he is doing so in a public place, the DA is not willing to do anything - even though the police arrested for felony stalking because of this behavior.Answer #2: NAL. Does the restraining order have a case number? If so, and depending on what kind of contacts are being made, you should be able to have your court clerk issue a subpoena to the website to obtain the IP address associated with the contacts. Then you have another subpoena issued to the Internet service provider that owns that IP address for the subscriber information. |
Can I legally fix potholes on my own?
| Can I fill potholes around my my neighborhood been a pain driving home avoiding moon craters already got a flat because of one. If so what would be the best material to fill them with ?
Topic:
Traffic and Parking
| Legality question aside, note that you are opening yourself up to liability if anyone claims an accident or damage is caused by shoddy roadwork done by you. |
NJ divorce notice to produce, how important are checking accounts which aren't used?
| I have a notice to produce monthly statements for past five years. I have a couple of banks where I keep about hundred dollars in checking account, because that's what was needed to open CD accounts, and I can't access old statements online. I have statements for the post eighteen months.
I'm in financial discovery stage, and will ask my lawyer for her opinion, but until I get to talk to her, was wondering how important those accounts going that far back are.
| Disclose everything. |
My Cousins Have Been Declared Permanently Unfit to Stand Trial & Are Being Held in Fulton State Hospital
| I know that I am probably going to screw this up, as it's my first post, but I had to at least give it a try.
​
My cousins were arrested eight years ago on suspicion of property damage (they admit the charge; they rammed shopping carts into a parked car). At the time, they had been depriving themselves of food and sleep for going on ten days. They were taken and held in a small town jail in Missouri. While they were there, there were ongoing threats made against them from fellow prisoners and prison officials. Upon questioning, which was done with both of them together in an interrogation room, they continued to feel threatened. Ultimately, they lashed out at the officer questioning them. He called in for help, and it seems that the help that responded were prisoners tasked with helping out around the jail.
​
One of my cousins was put in a holding cell, while the other was beaten and possibly raped by the responding officers and inmates. They had an inmate's rights trial against the officer in question, but it ended in a not guilty verdict for the officer. They now have a Habeas Corpus case file with the state of Missouri.
​
The thing is, based on an initial evaluation done after sleep and food deprivation (which they did to themselves) and a pretty stressful situation in a jail, their mental health evaluation probably wasn't stellar. It resulted in a permanently unfit to stand trial finding. I honestly didn't know that was something that could happen, and I work in a legal profession. They have asked for an independent medical evaluation, multiple times. I have seen their medical reports from Fulton State Hospital. The reports state that they are model prisoners, that they are friendly and open with everyone, and that there is no mental health diagnosis applicable to them.
​
They have done an enormous amount of legal work and research. I've read through their pleadings, which were filed in October. The kicker for me is that they are declared unfit to stand trial, but the court is totally okay with letting them continue to represent themselves in court proceedings. So, there is talk about potential charges of assaulting a police officer and attempted escape, but nothing has been made official. They are just being held in Fulton State Hospital, being evaluated by doctors and being told there's no diagnosis, and not being charged with any official crime.
​
Is this something that happens? They have a very new age and unique perspective on life. They spent their early years on a Native American reservation in New Mexico. They were on a spirit journey, or a quest, depriving themselves of food and sleep for their own personal, spiritual reasons. I can't claim to know what actually happened, but I am inclined to believe them and their story, as they have been separated and continue to have identical accounts of what happened going on eight years ago. Is there anything that I can do to help? I have sent documents that they have sent to me to media outlets in Missouri. I started a petition on [Change.org](https://Change.org) at their request (I will post if people are interested). I just can't believe that you can be judged as "crazy" and then locked up and held indefinitely with no recourse.
​
Well, tl;dr : My cousins were arrested in Missouri and have been held in Fulton State Hospital for eight years, told they're permanently unfit to stand trial despite medical reports to the contrary. How can I help them get out of there?
| I tracked down and read their note. It sounds like their entire claim is predicated an experience that happened when they were so sleep deprived that they would not make reliable witnesses. By their own admission they assaulted prison guards. They have had numerous legal hearings and examinations by different medical professionals. They have been ruled incompetent to stand trial.
Since they have been ruled as lacking competence, have they been represented by an attorney? What is the attorney's opinion of the possibility of an appeal?
​ |
Ex boyfriend reports phone stolen with a twist
| My sister works for a cell phone company and met a technician that works at the same company. They live in different states and he was planning on transferring so they could live together. Things went south and she told him not to come. Then recently he reported her phone stolen. They were not on the same plan and my sister has had her phone long before she met him. We think he used his position at the company to go into her account and report the phone stolen. What can we do? Thank you.
| She should complain to the phone company that her phone was marked stolen without her permission.
Then she should stock up on popcorn because the ensuing flaming shit show is gonna be gud |
My younger sister evacuated from hurricane Matthew with another adult and is refusing to come home.
| This Tuesday after our governor called for evacuation, my seventeen year-old sister informed my parents that she would not be leaving from their house in SC with them, but with a "friend." My parents were obviously not okay with this and called the police because my sister was insisting on leaving. The police attempted to convince my sister to stay, but said they could not legally compel her to since she was seventeen.
Then, this woman - who my parents did not know well but whose daughter attends my sister's school - arrived at my parents house. Despite my parents making it clear that they did not approve of this, my sister left with her to go to NC. (My family has since evacuated to a different area of NC to stay with extended family.)
After my parents informed me of what happened, I learned that the location this woman told my parents she was evacuating to was not to far from where I am currently attending school. I got in contact with this person and - through text message - asked if my sister could come stay with me (my sister does not have a cell phone). She informed my that she was planning on heading back to SC very soon after the storm as she was worried about her property, and that she did not have the time or money to bring her to me. I responded that I had a vehicle and could get and care for my sister myself. Today, my sister informed me - via this woman's phone - that she was not planning on ever returning home.
My sister hasn't responded to me since, and I'm extremely worried that this woman is trying to manipulate my sister into staying with her. With my whole family displaced due to the hurricane I'm the only one in any position to get her, but I don't know what I can do legally due to her age.
| Why do you care? Are you worried this woman is abusing your sister? |
Can I charge someone for stealing my cannabis plants in Canada?
| I am from Canada where cannabis is legal, we are aloud to grow 4 plants per household, my question is if someone steals my plants can I charge them?
| When theft occurs, you should call the police. |
Being billed for a car we don't own?
| We reside in Los Angeles, CA. My father received a mail from a law office on behalf of a credit agency telling him that a car that is supposedly in his name was towed in March of this year, and that he had to pay about 2000 dollars. We have never owned the type of car that was in the "Certification of Lien Sale for Vehicle Valued $4000 or Less". How should we proceed? Also, they have our old address on the mail, even though we moved in August of last year. Sorry if the information isn't enough, please ask for more if necessary. Thanks for any advice.
| Potentially a scam. Proceed cautiously. Have your father pull a free credit report on line to see if it has been reported on his credit. |
I am a trans man in Alberta, Canada with Ehlers Danlos, and my ex was able to unilaterally take primary parenting of my children when I was diagnosed/came out because the court violated my human rights.
| It’s a very, very long story and I keep trying but I don’t know how to write it all out.
The same week I got diagnosed, I also came out as a trans man. That weekend last year, my ex kept my children after a visit (despite me being their stay at home, homeschooling parent their entire lives), and then enrolled them in school without my consent or knowledge.
Despite this all being illegal where we live, the judge ignored a letter from my diagnosing physician stating my fitness to parent, and upheld the unilateral action of my ex. My children were forced to commence living with him and his girlfriend (whom they had known for 6 months), and only see me one evening/week and every other weekend.
I have had CPS called on me, and they found nothing of concern.
I have now just received a notice from my children’s lawyer that she also believes I am too sick. I have no idea what to do, and I feel hopeless. This has been the hardest year of my life - my support was cut; I have lost over 60lb due to the combination of poverty, stress and my health; I was briefly made homeless this summer because of this. I should qualify for programs to help with parenting, and the cost of medication and things, but not having the parenting time means I no longer do.
There’s a lot more to the story, but I don’t know how to tell it. I just thought, maybe someone could tell me it’s going to be okay? I don’t know how I’m going to buy the medication I need next month, or how to face my kids when they come to me, begging and crying to be allowed to live with me again. I don’t know how to file a human rights complaint, and I feel sick when I think about the whole thing.
I also can’t get any help where I live with my Ehlers Danlos. I can’t get braces, splints, mobility aids, or anything like that since no one seems to know where to send me or who could help me. Rare diseases here suck.
If anyone could help with some advice, I would really appreciate it.
[Cross-posted to /r/disability, /r/ehlersdanlos, and /r/ask_transgender]
| As far as custody goes, reach out to [Legal Aid](http://www.legalaid.ab.ca/Pages/default.aspx) and find out if you qualify for assistance for a custody filing, then file to restore custody and visitation. There's no magic, here: homelessness is a good reason for your coparent to have custody, but if you've got a stable home again, you can likely reinstate split custody or at least get visitation started up again.Answer #2: This is a tough one. Due to your illness and the poverty issues that come with not being physically able to work the courts may have felt it was in the children's best interest to stay with their other father if he can provide a more stable home. That said, if you think the courts made their decision primarily due to you being trans you may have a case for getting the kids back. I would suggest contacting your local LGBT organizations and see if any of them know of a lawyer who may be interested in taking your case. You'll probably have to find one willing to do pro bono work which is tough, but you may be able to find one. |
My Mother in Law (MIL) hit me last visit? Was told to get legal advice.
| Hey, so I’m a college student who recently got married, I’m U.S. based and I live in a different state than my in laws. I don’t have a lawyer or anything, but was given advice to seek legal counsel for this last incident with my MIL.
Last visit (Mother’s Day) my MIL hit me in the head. She’s been doing it to her son (my husband) for years, and decides she’s angry enough to hit me this time too. It was after we disagreed with her wanting an inground pool. She did not hit me hard, and I told her I did not want her to do that again because I have been physically abused in the past and have had several concussions. She said she wouldn’t do it again, but she’s been saying that to my husband for years and I do not trust her.
What are my rights in this situation? Am I even in the right to be considering calling the police? I almost called the police when she hit me, but didn’t want to upset everyone. I know I’m too shy, but I am not about to be pushed around again. I’ve been there with physical abuse before, done that, never again.
If there is any more information I need to give, please let me know.
| You can call the police if your MIl strikes you. It isn’t necessarily clear the police would act on this type of event.
You also have the right to stop weighing in on your MIL’s home improvement projects. |
(Colorado) Question about something that is happening in my neighborhood. One of my neighbors shot another neighbors dog.
| I don't have a stake in this other than curiosity. My next door neighbor had a dog. She was sitting with the dog on the porch when the guy who lives on the other side of her walked over with a gun and shot and killed her dog and then walked away. Several people saw this. The dog could not be saved. When the cops came he was arrested and he shouted to everyone that the dog was a pitbull and since pitbulls are banned her took care of it and that the law was on his side. The dog was not a pitbull. She had only lived in the house since August 1 and had adopted the dog about a week she moved in. The dog was not a pitbull and it was a calm, quiet old dog. She is pretty broken up and her house is up for sale now. The guy who shot the dog has a criminal record for reckless driving after he crashed on our street and was arrested and went to jail. My boyfriend says that since that was a felony it means he wasn't allowed to have a gun. My question is just what the likely outcome is going to be for this? It was pretty shocking and has really shaken up everyone who saw it and who lives around here.
| Reckless driving isn't a felony, so he may have legally carried the firearm. While he's on the hook criminally, a civil judge would take him to town for this. It's not his job to enforce the law. |
Gun shop owes me a new gun, it's been three months, and haven't heard anything. Any advice on what to do? (TX)
| Hey guys, I've run into a mess of trouble with a gun shop, and I need y'alls opinion on what my next course of action should be. Unfortunately, this means I'll have to explain the whole situation, so here goes:
Sometime last year I was intrigued to buy a Mosin Nagant after I heard about a promotion that was going on at Cabelas. Since I knew a family friend who owned them (lets call him bob), I called and asked if I could test some of his Mosins out. Long story short I left his house with a bolt-action .22 that had no sights, but it still worked just fine (i posted about it a while back). Some time passed, and I decided I was going to take it to the local gunshop as they advertised they had a gunsmith, and I wanted to get a scope onto the rifle. I took it up there, paid about $50, and after two months I got the rifle back. I was so excited to get the scope mounted that I barely looked at it at the shop, and took it home. (Big mistake).
Well I took it out of the sock I had it in, looked at the rails they installed, and to my horror, they were installed crooked. I called Bob asked him if this was at all normal, and he said hell no. On top of the cooked rails, they also drilled too far, and the screws catch on the bolt, making the action very sticky. After about a month, me and Bobs schedule finally lined up, (this was the beginning of January) and we talked to the gunshop owner. The owner seemed very apologetic, and after some talking, Bob had the owner agree to reimburse me with a new .22, to replace the rifle that they ruined(ish). They informed me that they would contact me when they found a replacement rifle, and we shook hands and left the building. Finally Feburary rolls around, and I start getting curious as to why they haven't contacted me yet, as the owner of the shop told me it shouldnt take more than a month. So I gave them a call, and asked if there were any updates on the rifle. The owner said "just one moment" and then literally took a piss, flushed the toilet, all while on the phone, and said "son we have your number, I told you I would contact you when we found a replacement." Me, being the pushover that I am, asked no further questions, said thank you, and hung up the phone. Now it's been about three months since they promised to replace my rifle, and I have not been contacted by them a single time.
I understand that it might take a while, but with the whole taking a piss while on the phone thing, I'm starting to think he has absolutely no respect for me as a customer, and does not take me seriously in the slightest. So, my question here is: What would you do in this situation? I'm completely drawing blanks, because I know if I call them again they'll just get frustrated, and brush me off. What do ya'll think?
TLDR; Gun shop owes me a new gun, it's been three months, and haven't heard anything. Any advice on what to do?
| He doesn't actually owe you a new gun. He owes you the value of the damage he caused to the old one. Whatever value that damage is, you can just sue him in small claims for. |
Bank Levy Scumbag Judge and a Crazy Landlord
| I was wondering how many times a collection agency can levy your bank account.
I dealt with a scum bag landlord last year for personal financial reason i.e. I was broke had to move out of state to seek a place to live. Had a court date by phone(yes they do have civil cases where a defendant can contest their story by phone).
The judge sided with the abusive landlord dont ask why it makes me extremely cynical of the court system considering I called the cops on her just to move my belongings out. So I got screwed by the (in) justice system. On principle I do not want to pay the LL anything but they hired a collection agency that levied my bank account so I have nothing zero nada to live on!
I am unemployed currently and have nothing to live on however currently seeking work.
I really do not want to pay anything to anyone considering I did nothing wrong and was penalized for it. I left the place clean, was a quiet tenant even took care of the LL dogs but at the end was mentally abused and sought a way out. The LL was a control freak and no I didnt have parties at my place either!
Anyway just wondering if I can keep my bank account open and fuck the collection agency. I am just wondering if they will take more money when ever they please or is this a process and involved them to pay fees to collect again. Theres a balance to my collection that wasnt satisfied. I owe less than $1K but it burn the fuck out of me to pay someone who abused me as a tenant and the court system who fucked me again(I was extremely nervous over the phone during the hearing so perhaps I said something the wrong way I am not sure).
Any advise would really be appreciated. My credit currently is very good but Im willing to take one if it means fucking that POS LL over.
| If a judge has ordered you to pay then your legal remedy is to contest that judgment. |
Can a business change an estimate after the agreed upon price and work was completed?
| Hey not sure if this is the correct sub to post this. I would just really like some advice. Also on mobile - sorry.
I had some dental work done earlier. During the consultation I gave them my insurance information and told them I will most likely be paying everything out of pocket since my insurance sucks. The receptionist said she’d look into a discount since I was paying for it up front. I scheduled the procedure for a week later. I come in for my appointment and before anything starts they go over the paperwork and I get the price - X. It’s a bit less than what I expected so I agree.
Procedure went well, paid on my way out, all seemed fine.
A few months go by and they call me saying they made a mistake and now I owe an additional $500. Apparently their receptionist misquoted me (I later learned that she was fired because of this) and they are threatening to send me to collections if I don’t take care of my balance.
Are they allowed to do this? It doesn’t seem fair that way after the fact the price jumped up. I know estimates can just be a ballpark number sometimes but it wasn’t like the procedure took longer or was any more complicated than expected.
All paperwork was done electronically and when I asked for copies of all the documents with my signature on it they either didn’t have or didn’t send the one where I agreed to the initial price.
Am I wrong to see it as them making an expensive mistake and so they should have to deal with it?
Where do I go from here?
Any advice is appreciated.
Thank you.
| Do you recall signing anything indicating the original, lower price? Or was it all verbal? |
[San Diego, CA] Is it legal to sell pre-1964 ivory trinkets?
| I have quite a few my grandparents brought back after living in Africa for several years. It got passed down to me and I hate it and want to get rid of it. But the california regulations are really confusing and I'm not sure of the legality.
| I can't speak to the sales issue, but if you just want to be rid of it you can donate it to [the US fish and wildlife service](https://www.fws.gov/le/pdf/Ivory-Donations.pdf). They'd use it for education purposes. |
Officer showed up at my grandmas looking for me but it seems shady (PA)
| [deleted]
| Seems pretty standard for being served. Most companies will pay the police serve you. You have no proof it wasn't a cop. Could have been a state trooper or neighboring town cop.
Show up in court when served or they'll get a default judgment against you. Answer #2: Is it possible your grandmother misunderstood and that this guy was with the county sheriff rather than the state police? |
Manager sending me home early, now I might be fired as a result. What can I do? [Ontario, Canada]
| Hi, I'll try to keep this to the point.
I am an intern at a large transportation company. There is an office which is our home base and then I work out of a different site day to day. Every two weeks I am required to attend a meeting at a different office across town.
As an employee, I have a free pass to use the city transit. I use this pass to get there from my work site. It takes a minimum of an hour to get there, sometimes more if there are delays.
The meeting ends at 2:30pm. My work day ends at 3pm. You can probably see where this is going. If go back to the site where I work after the meeting, I will incur overtime. Overtime at this company requires pre-approval from the your manager. This pre-approval is very difficult to get as working overtime is discouraged by the company.
The simple solution would be for me to start later, but due to the nature of my job (supervising) I MUST be at the site by 7am. No exception.
I asked my manager over email what I should do in this situation. Even the home base, which I only go to once a week to file forms, is 45 minutes from the meeting place.
He stated, in explicit terms, that I can just take the transit home and continue to charge my normal hours. He is the one that approves my time sheet.
Apparently this travel issue is common and the company has been investigating it for a while and is now cracking down. I received an email from HR yesterday that I am being investigated for claiming time worked when it wasn't. I have a meeting set up for monday with my manager, supervisor, HR and my manager's boss.
From the sounds of it, it looks like I might be fired or at a minimum written up. I am an intern and something like this can ruin me for future placements.
Do I have any defence? I have printed the email chain with my manager and as much as I like him, I will absolutely throw him under the bus if it saves my job.
Though I felt bad about it at first, I have justifying it to myself that since I take transit home, whether that 30 minutes is being spent on a bus towards my job site or towards home, does it really matter? They cant prove that I didnt spend that entire 30 minutes on my work phone reading emails.
Also possibly relevant is that in the email chain I did suggest I stay at the meeting place until 3pm and work from my phone. My manager told me it wasn't necessary.
TLDR: Manager tells me to go home rather than to job site and charge normal hours. I might now be fired.
| So I'm getting two different things from your OP: you supervise people, but you are an intern?
There is a difference between travel time and commuting time under [ESA] (https://www.labour.gov.on.ca/english/es/tools/hours/what_counts.php). If you have to travel between sites during the workday, that is considered travel time and you must be paid for it. If you are a manager, then you could be required to work overtime without pay.
BTW, going to another worksite that is not your "normal" worksite would be considered travel time:
>If the employee has a usual workplace but is required to travel to another location to perform work, the time traveling to and from that other location is counted as work time.Answer #2: You're an intern AND you supervise people? |
game players trespassing in cemetery
| Los Angeles, CA - recently noticed lots of people staring at their phones and cars circling our property. Fed up, i finally asked what they were doing and they said they were playing some game called ingress. Looks like it's a game by Google under the name niantic?? Questions:
1 we want this to stop, the last thing we want is grieving people dealing with kids playing on their phones. We can't very well have someone standing outside watching for people playing to specifically trespass them. how do we approach this??
2 I can't find any contact information for niantic other than stuff for people who play the game. I dont want to sign up for an account just to talk to them. should we even talk to them or should we just have our lawyer deal with this? would our lawyer talk to google's corporate lawyers directly?
3 are we and-or google opening ourselves up to any sort of liability by having these players on our property? It seems like it must be but i'm not a lawyer so i don't know
edit if it is unclear i work here
Topic:
Business Law
| ERROR: type should be string, got " https://support.google.com/ingress/answer/3033734?hl=en&ref_topic=3261457\n\nIt appears that you will have to make an account in order to flag the \"portal\" as invalid/unsafe/unaccessible.\n\nHowever, this is their official position on publicaly accessible locations:\n\n> Note: Please only report Portals that are on private residential property. Portals on other types of private property, such as a corporate campus with access only for employees, are still considered accessible, in some capacity, to the public.\n\nThey may however make an exception for a cemetery.Answer #2: Ah, Ingress. Basically, there's what's called a \"portal\" in the cemetery. Portals are distinct objects, usually water towers or trail markers, but sometimes they can be less accessible (like in your cemetery). There are two teams, and they are constantly trying to defend or attack that portal.\n\nThing is, a player can create a portal - so even IF you managed to get them to get rid of it, it's likely that players will return there out of habit and create one.Answer #3: The game is called Ingress. It is possible to remove portals from the game, which would solve your problem. Technically you should only report portals that are on private residential property, so if your cemetery is public property, that may be a problem. But I would report it anyway and see what happens. \n\nYou'll have to download the Ingress app. Then do this: \n* Launch the Ingress app \n* Touch the Portal you'd like to report \n* Touch the Portal's photo to bring up the detailed information screen\n* Touch EDIT > REPORT INVALID PORTAL, and select the type of invalid Portal you'd like to report \nYou might even ask one of the game players to help you.\nAnswer #4: I'm confused. Are they trespassing on your property? Or the cemetery? Or is the cemetery your property?" |
Refund sent on a prepaid MasterCard
|
I requested a refund from this company and they sent it to me on a prepaid MasterCard that I didn't approve, didn't sign up for, and wasn't aware of until I received it in the mail 2 days ago. I should mention that the only information this company has of me is my name, address, and my Driver's license number. Idk if that is enough to steal my identity or to open a prepaid MasterCard in my name tho
I am worried that this could be shady trouble for me and have no idea how to proceed.
I did request that they close this prepaid account for me but the receptionist said he couldn't
What do you recommend I do in this situation
Topic:
Credit Debt Bankruptcy
| A prepaid MasterCard isn't like a traditional credit card, it's not linked to you or your credit. Anyone can use it. Think of it as a gift card that you can use at any store that accepts MasterCard. |
[Nebraska, USA] In a moment of panic, I threw a glass bottle from my car and now I'm worried about the repercussions.
| Almost two weeks ago, I did something very stupid in a moment of panic and now I don't know what to do.
It was in the evening, and I'd run to the grocery store to pick up a few things we'd forgotten earlier that day. On my way back to my vehicle, I saw some trash on the ground: an empty soda fountain cup, a plastic food container, and an empty glass bottle of rum. Not being anywhere near a trash can, and generally disliking litter, I picked it up and planned to throw it away at home.
On my way home, it dawned on me that the rum bottle could conceivably be considered an open container of alcohol if I were pulled over, and I panicked. I've always been told that even if an alcohol container is empty, it's considered an open container. It's just occurring to me now that this might be false, which is embarrassing. Anyway, I realize it's super unlikely that I'd get pulled over, but it doesn't take much to trigger pretty severe anxiety for me. Especially in moments like these (anything involving law enforcement).
I pulled into a neighborhood where I knew there was a grassy area and just tossed the glass bottle out of my window, aiming for the grass. I realize now that this was stupid and shortsighted, but again, I was not thinking straight. Then - smash - I heard the glass shatter on the sidewalk because I'd overthrown the grassy area.
This was around 8 PM and it was pitch dark already. I knew I couldn't go back and clean it up until the morning. I realize now that I should have tried to get there at dawn, to clean it up as early as possible. However, because I was helping get my kid to school and had some work obligations, I didn't make it there until 9:30 or 10 AM with my broom and trash bag. To my horror, someone had already cleaned it up.
This, of course, made me feel really guilty because someone else had to clean up my stupid mess. It also meant someone knew I had done it. I did find a few shards of glass and cleaned up anything I could find, and went back home.
When I got home, I found out that the penalty for littering from your car in Nebraska is a class three misdemeanor, punishable by a fine of $500 (max) and/or three months in jail (max). The fine doesn't worry me. The jail time, however, could ruin me. I am the primary provider for my family - a wife and two small children. I make a good living but could conceivably lose my job if I had to take three months off to be in jail. This is so outside my usual realm of thought that it's hard to really even understand how we'd handle it.
There were no other cars or people around when I threw the bottle. The only way I'd get caught is if one of the houses across the street had a security camera that happened to pick up my license plate number.
Still, my initial thought was to just go to the police and confess. I have no criminal record whatsoever, so if I confessed I don't think it would be likely that I'd get jail time. But then, of course, I started to play the "what if" game. Is it smart to risk my family's well-being (financial and otherwise) to confess to littering? Would it really be a risk, or would I get laughed out of the police department for confessing to littering? If someone *did* get a shot of my license plate from a security camera and reported me, would I just get a ticket in the mail? Or would I be summoned to court?
I've been obsessing over this for almost two weeks. If any good comes out of this, it's that I'm going to try to get help for my anxiety. It's my anxiety that lead me to do it in the first place, and it's my anxiety that won't let me process it constructively. I feel intensely guilty for making someone else clean up my mess, and I feel equally guilty for jeopardizing my family due to my inability to handle a pretty benign situation.
tl; dr: In a moment of panic, I threw a glass bottle from my car and it shattered on the sidewalk. Should I confess?
| >I've been obsessing over this for almost two weeks. If any good comes out of this, it's that I'm going to try to get help for my anxiety.
Definitely get that help. Answer #2: Forget this happened.
Have a good life. |
I gave my old fake ID to a friend and now I'm getting in trouble for his idiotic mistake.
| This is my first time posting to Reddit so if I'm doing something wrong or breaking the rules please let me know.
When I was like 18 I ordered a fake ID from some Chinese website and got a legit looking Maryland ID with all the bells and whistles on it (holographic etc.). I used it until I was 21 in New York and other places with no problems. When I turned 21 I ended up giving it to a kid on my college sports team who was only 19 cause he kinda looked like me. Not biggie, right?
Well I ended up getting a call Friday afternoon from our counties police department asking if I knew anything about this fake ID that he had possession of. Apparently this retarded friend of mine got it taken at a convenience store not far from our school and never said anything to me about it.
My phone number wasn't on the ID or anything but apparently the officer was able to look up my name and find a my cell number some how. He didn't say much besides a few questions and then told me I should expect a "follow up call". I just denied knowing about the card, but I'm afraid they're going to fingerprint the card and see mine on there.
What should I do from here? I can't let my parents know about this or they would flip their shit, they help me out with my expenses and I could totally see them cutting me off if they found out. I don't really have money for a lawyer. Did I even do anything wrong? It was all my friends fault, he got caught with it, he should be the one getting in trouble but he has basically ignored me anytime I tried to reach him.
Basically where do I go from here?
| You gave someone else a fake ID with *your actual name on it* and you're asking if you did anything wrong ? How did you *not* see that this could be easily and obviously tied back to you ?Answer #2: Don't talk to the police. Don't talk to your "friend". You both broke the law. Drop the I didn't do anything wrong attitude. Answer #3: It's weekend time so advice can be a crapshoot.
The typical advice here is to decline to talk to the police any further and get s lawyer if you get arrested. Fake IDs post 9/11 get taken much more seriously.
Edit: also stop talking to your friend about it. Ever. Hopefully you didn't text or email him regarding it.Answer #4: > Not biggie, right?
You bought an illegal ID and later distributed an illegal ID.
> Did I even do anything wrong?
You committed a series of crimes. Do NOT speak with the police. NO FOLLOW UP CALL. If you're lucky this case will get lost in the shuffle or ignored for more pressing cases, unless of course you talk to the police or your friend and put it back on the radar of the authorities.
If you are arrested, at your arraignment plead "not guilty" and ask for a public defender if you truly cannot afford to hire a private attorney. Answer #5: If it has your name on it, you're in deep doodoo. Fake IDs are a pretty serious offense. Stop talking to your friend and the police and lawyer up. |
[Maryland] I am being denied a refund for a defective computer I bought online from the company's site. What type of lawyer do I need to contact to help me?
| [Per OP's previous thread from a week ago,](https://np.reddit.com/r/legaladvice/comments/67oz7l/was_sent_a_defective_computerexternal_graphics/) here is the current chain of events
* OP buys laptop in Feb 2016
* Few months later, OP buys GPU dock
* Dock arrives "defective" (unspecified as to how)
* Razer asks OP to send both the laptop and the dock back to them for repairs
* Razer returns both items, but the laptop is stolen in transit.
* I think Razer sends OP a *third* GPU dock?
* After UPS investigation, Razer gets paid out from insurance
* Razer is refusing to either refund the cost of the laptop or send another one, so OP currently has one or two GPU docks and no laptop
|
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[NYC] I recently moved to New York and have accrued 4 parking tickets while trying to leave my vehicle in a safe place while I work in Manhattan (residency in staten island). Recommendations on pleading not guilty?
| I have a relative that is a part-time lawyer and a detective for the westchester county department. I haven't been able to talk to him due to his availability, but maybe he could help in case I do proceed with a court hearing.
Anyways, I want to keep it short and sweet without victimizing myself.
I recently (in the summer time) moved to Staten Island, as I acquired my first big boy job and wanted to move closer to manhattan. What I did not realize is how ridiculous and difficult it is to still have a vehicle while living in the city, without paying ludicrous lot fees and to not inconvenience daily productivity on the island while I am at work. 8-7 pm work schedule.
I received 3 tickets from 3 different police officers in a row, as there is a high school up the street from my apartment complex. I did not see a sign that said I could or could not park there. I left my vehicle at night before a Monday workday hoping that this would be okay. as there were many other vehicles. Guess not.
$95 a pop, $285 all together. After I discovered the unfortunate situation, I moved my vehicle to a place several blocks away from my home. No infrastructures that require any fast paced access, if that makes since, just pure residential/apartments. That ticket itself was $115 dollars, and again, there were no signs or indications that I could not leave my vehicle there unattended during normal work days m-f.
My plate and registration are still florida, and I am wanting to sell my vehicle because I am completely autonomous without it and it's only accruing extraneous payments that I could really do without.
Is pleading not guilty a viable option in this situation, or is there an opportunity to consolidate the tickets to pay a median fee? If pleading not guilty is a viable option, should I consult with a lawyer for certain and proper verbiage?
I live in St. George Staten Island if that is okay information to leave here.
Thank you for anyone that can postulate some solutions.
| states island is the easiest borough to park in.
just pay the fines and then find a place near you with once-a-week street cleaning. and move your car once a week.
if you parked somewhere that _truly_ wasn't signed (unlikely), submit photos of the unsigned block with your not-guilty plea and hope for the best.
also, $115 isn't the standard street cleaning violation. $115 is fire hydrant or blocking the intersection. what does the ticket say you did? |
[Metro Atlanta] I was given a traffic ticket for a crime I did not commit. Info inside.
| Hey guys!
Alright, so here's the deal. On the 4th of July, I was given a citation for failure to stop at a stop sign. But here's the thing--I did stop.
Preface:
The officer was sitting in my neighborhood at a 3 way stop (like he does once a week, every week), waiting for people to roll through a stop sign. I had passed the officer 20 minutes ago while he was sitting there, so I knew he was there.
At the 3 way stop, he sits in a spot that you cannot see unless you roll up RIGHT up to the line, and even then, it's tough to see him because there is a driveway with a car slightly obscuring the view.
Anyway, I stop about 2 feet shy of the line. Exaggerate my stop, because I know he's there. Then I continue on my merry way. As I pass through the stop sign, I hear his siren.
He then tells me that I rolled through the stop sign, and I tell him exactly what I just told you guys. He then says he'll go watch his tape.
He watches his tape, and sees that I roll through the stop sign, because like I said earlier, the view is obscured, unless you are RIGHT at the line. And I stopped 2 feet shy of the line, so it looks like I rolled through it.
I was given a ticket. He told me I could go to court, and I told him I would see him there. I was polite and cooperative, I just questioned him slightly for the ticket because I am 100% certain that I had stopped.
What can I do? If it helps, I'm a 21 year old male.
TLDR--Was given a citation for rolling through a stop sign that I stopped at.
| I demand a poorly drawn map. Specifically, where the officer was on the road. The issue is technically you may have rolled through the stop. Stopping before the stop may have have satisfied the stop if where you stop doesn't give you full view of the intersection to see on-coming traffic i.e. the reason you are told to stop. I need to know if had you not stopped 2 ft before, would you have been in the cops view. From cops perspective, he did not see you because you did not stop @ the intersection. |
Recently hired as FT/hourly through a recruiter, later let go for no clear reason.
| About two weeks ago I was hired as an FT contractor through a recruiter. I had problems with my ID the previous week, when completing my I-9. Ultimately I was given an ultimatum on the Thursday of my first week; I was told either go to the MVA and get a temp document, before I would be able to return to work. After taking care of the temporary document I was let go for "lack of communication" -I have everything documented but I don't quite know where to go from here as I can't go directly to the party that I have an issue with. My biggest issue right now is the financial aspect of everything... I was paying $13/day for parking and I didn't even receive access to the resources that may have paid for my public transportation until after I was let go. I'm also not sure about how I would go about unemployment because I think I would still be full time until my next contract. Any help is truly appreciated.
TLDR: I was essentially paying to work for my first week, not sure what to do.
| Unless you had a contract specifying when they could fire you, your employment was at will. They can fire you for any reason or no reason, as long as it's not membership in a protected class.
File for unemployment and move on. |
[Arizona] employer requires tips to be put in as $2/hr, even if not made
| I work at an undisclosed company where they pay us $8/hour plus tips (Arizona has $10 minimum wage). When clocking out you have to report your tips, and the general manager requires you to put at least $2 per every hour worked, even if we didn't make that much. If we put in less, and what we made instead, the manager will go in to the payroll and change the tips reported (and often lower clocked hours).
What do I do? I have found employment elsewhere but I don't want my friends there to continually be screwed
| You can file a DOL complaint, that's highly illegal. If you don't make your tipped wage up to minimum wage during your shift your employer must cover it. |
Passenger in cargo area of SUV, Connecticut
| [deleted]
| [You are correct.](http://www.ct.gov/dot/cwp/view.asp?a=1388&q=259430)
In Connecticut, the you can't be ticketed for having unrestrained passengers in the passenger or cargo area of a vehicle if they are over 16 and not in the front seat. This includes the cargo area of a van or SUV, or the bed of a pickup truck.
Risking serious injury or death is a separate matter. |
Update: Leaving boyfriend. How do I handle this lease
| https://www.reddit.com/r/legaladvice/comments/40h00j/leaving_boyfriend_how_do_i_handle_this_lease/
Great advice! I actually held up talking to my landlord about just me moving because I couldn't be sure she wouldn't mention it to him. I asked him if he wanted to move because we had been talking about it for some time and convinced him that we should turn in our notice now and maybe look at other options. He hates the place and has been begging me to move so he jumped all over it. I made sure never to promise to move with him anywhere or to imply we would be moving together. I just said we should end our lease and look at other options.
I drafted a notice to our landlord and he signed it. I submitted it today. I, of course, won't be signing another lease to him.
It felt a little under-headed and I hope I didn't do anything that would later come back to haunt me but I am sure I could bring up the abuse and police reports.
I handed the landlord the notice and she accepted it so while he is at work today, I'll be moving my things out and arranging for my brother to get with him to get the rest of the things that are mine and I absolutely need. I'll be forfeiting all jointly owned things and I've left enough money in for the landlord to cover my half of the last months rent and am paying all the utilities (usually we split it) and left him enough money to cover half the deposit I would have paid with him on another place and money for the movers for him (since we had always talked about me paying that) so that he isn't left scrambling. Also, I don't want to be contacted about how I left him in a bad situation. We have no other bills or responsibilities in common and he has a month and a half and extra money to figure out his game plan.
It was more money than I wanted to lose but I think paying more now was the right thing to do in this situation.
Just wanted to say thank you.
I know that seems a bit underhanded, how it played out, but I really didn't know what else to do to remove myself from a potential violent and emotional situation without doing that.
Really relieved to have that signed lease notice and to just get out and start over.
Let me know if I did something illegal. Thank you!
| Great job. One thing I would advise is **make sure he pays his half of the last month's rent**. If he doesn't you're still on the hook, so contact your landlord to verify before your payment is late.
In fact, if he hasn't come home yet, I would take his half of the rent money out of what you're leaving him, and pay his half now. Tell him you've paid his full share and to use what he saves towards movers/deposit/etc.Answer #2: good. get out and stay safe. limit any future contact you have with him as much as possible.Answer #3: Well done! Be sure to document the money you left and what it's intended for so that he can't make a claim that you left him high and dry. You did the right thing and you did it responsibly.
Good luck and be safe. |
Grandmother started giving away my deceased father’s property
| My father was unexpectedly killed two weeks ago. Since then my grandmother said she wasn’t ready to go through his things as she needed more time.
My problem is my father left a significant amount of clothes, shoes, jewelry, etc. and my grandmother has started giving it away without consulting with any of his nine children. She’s inquiring as to whether or not I’ve seen the title to his truck. All of his belongings are in her house so I pretty sure she thinks it’s carte blanche because it’s in her house.
If my father left no will how should distribution of his belongings go?
We’re in Maryland by the way.
Topic:
Wills Trusts and Estates
| If it is worth it to any of you kids your should hire a probate attorney. Children are next in line if there isn’t a surviving spouse with no will. https://www.thebalance.com/dying-without-a-will-in-maryland-3505049Answer #2: Send her a polite but firm message saying you and your siblings wish to come and get your fathers things, what time suits her. If she balks you can explain you are all the rightful heirs. If she still causes trouble you need to go to court and should follow the other comment about getting a lawyer. |
If a driver has a learner’s permit and the supervising adult is drunk is it illegal?
| Yes. A learning permit is exactly that, a permit to learn.
In order to drive with a learner's permit you must obey a couple rules. Most pertinent, the adult you drive with must be legally able to drive. Adults cannot legally drive while intoxicated, and it is because of the adult's "ability to drive" that the learner is able to drive. |
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[Indiana] Sold car on Craigslist - Trying to get the remainder of the money owed to me.
| I sold my car on Craigslist to a guy I could tell was completely lying about his story. He told me he had his first kid on the way when in reality he had a two year old daughter, etc. I didn't care, I wanted my car gone and I agreed to the price of $450. He showed up, saying he only had $350 and he would pay me $100 before 01/21/15. I was hesitant, but also a bit naive and I said that would be ok. We signed a bill of sale stating he would pay me the $100 by the 21st. Later I find out he's signed an incorrect name, and his number is now out of service. So I looked on Craigslist and saw he was selling the car. I called the number listed and said I wanted to come by to look at the car. I got his address and my boyfriend and I showed up. He looked surprised, but immediately was like, "Yeah, I owe you money!" He made us take his bank card as collateral so that he would show up the next day (the day he got paid at work) at the bank and give us the money. He calls me the next day, confirms we are meeting then texts me to tell me he is leaving for the bank. I show up at the bank, wait 45 minutes and he does not show up and will not answer the phone. I know I can file a claim in small claims court, but I'm really not sure how or what I need to do. Is there something I can do besides filing a claim? I know it's only $100, but I'm really financially tight. I know I could just let it go, but this guy does this a lot, and I don't feel right just letting him continue. Any advice is appreciated.
| You were really stupid.
It will likely cost you close to the $100 to file and take the time to sue. Then he still might not pay.
But if you want to, Google your city and small claims. It will tell you what to do. Fill out firms, file with the court, get the other guy served his papers. |
Woman is telling me she'll call the cops if I don't stop talking to her
| [removed]
Topic:
Off Topic Removed
| She could call the cops and you could get in trouble. She may file and get a restraining order against you.
Stop talking to her? |
[WI] If I give my son up, will the state pay his legal fees?
| My son is in some serious legal trouble. I'm a single parent working a full-time job but I don't make that much. I don't have the time nor money to fight this. I was wondering if I gave my son up to foster care, would the state be forced to pay his legal fees? What about emancipation? My son will be 16 in a month.
| No, you cannot just “give up” a child to avoid the financial obligations of raising said child. Nor would emancipation be an option. Emancipation is for children who are already providing for themselves (think movie stars, kids will million dollar invention ideas). That said, if you really are low income the state will provide a public defender. Answer #2: You cannot just "give up" your kid.
Look into getting him a public defender. |
[WA] My friend claims 75% of his check is going to child support. Is this possible?
| My friend is claiming that at $15 an hour 80h check he is getting only ~$120 dollars after taxes, insurance and child support. He’s saying 75%+ is going towards backpay and his normal payments as he was out of work for medical reasons a few years.
He has not shown me his stubs so I can not verify the validity of his claim. My question still stands, though.
Is it possible that the state is taking 75% or more of his check? That’s impossible to live on.
| The max is generally 45% unless there's a good reason to go beyond that. A court also has the authority to impute income to a parent who is voluntarily underemployed based upon that parent's work history, education, health, and age, among other factors. Answer #2: It's either 60% or 65% of your disposable pay if you're in arrears. So that's gross pay minus taxes and sometimes health insurance. Answer #3: Yes. It's possible. |
My sons mom is gatekeeping and not allowing me to contact our and to take care of our son.
| So I picked up my son yesterday and my sons mom was upset since I told her that it's not my responsibility to take her to work and that she would need to find a ride.
I dropped him off today and I told her that I wouldn't be renewing our lease. She can't afford the rent on her own and naturally shes upset and she just texted me that shes cutting off all contact until we can go to family court.
She's looking for a studio and she only makes $800 a month so I know that my son won't be in the best environment.
My question is; is she legally allowed to cut me off and not be around our son? She's emotionally manipulative and is trying to say that I won't be able to see our son because she has audio recordings of me being verbally abusive toward her. I've found so many different answers online so I figured I'd ask here.
Also, her and her family are also at risk of deportation and I dont want my son to end up in a detention facility. Her stepdad is a child rapist and even though she says that he moved out of her moms house (babysitter) I know that he still comes around her house.
Topic:
Custody Divorce and Family
| >My question is; is she legally allowed to cut me off and not be around our son?
Without an established custody order, she can do this.
Document everything and get an attorney.
The courts will look at what's in the best interests of the child. Withholding access to your child because you aren't renewing your lease and will no longer allow her to live there for free, won't look good for her.
There will be a lot that's considered.
If you have evidence of what she's saying / doing, keep it all safe.
If the granddad isnt supposed to be around kids, hire a private investigator to watch the house. This will be EXPENSIVE but you can ask him to call the police and ask for a welfare check, if the grandfather isn't supposed to be around children. If he is caught where the child is, that also will not look good for her.
Tldr: get a family lawyer, NOW!
DEPENDING ON THE STATE, you may be able to get a status quo order that maintains your ability to |
Someone broke my NDA. What can I gain legally from it?
| I made this girl I meet about 4 months ago sign an NDA before explicit content went down because I don't like to kiss and tell. But besides that literally about 10 mintues, I see a Facebook post regarding me and a bunch of other nonsense. Clearly going against what she had signed. If I were to take this to a small claims court, is there anything I can gain from it? Financially? Is it even worth it?
| There's a great chance that the agreement is unenforceable, even putting aside the fact that you may not have any damages to recover.
You can take the agreement to an attorney, but don't be surprised if you end up spending money for nothing. |
Boss looking through my texts
| Oregon.
Some of my coworkers have company provided phones. The people in my department have had a group chat going for a long while now. We use it to communicate and vent about management. Turns out management has been pouring over our texts since the beggining. I don't know availiable this is to them, do they wait till the end of the month whwn they get the bill? can they bring it up on their phone?? Is it live?
Is this legal? Can they can look through my texts? Did I give consent when Isent it to a number they are paying for?
| If the company provided the phones they own them and all of the data. All of your messages are the intellectual property of said company. You likely don’t have any recourse. They can use the communications against you and write you up or fire if you if they feel that they have good cause. Good luck! Answer #2: Yes it is legal for them to monitor a device they gave you for the purpose of work. To read between the lines on your follow up questions, yes, you can all be fired for whatever shit talking you did. |