Arrest Procedure: Surveillance Camera Pointed at My Back Yard, Privacy/Stalking, Washington State

mercredi 31 décembre 2014

My question involves criminal law for the state of: WASHINGTON (city of Kenmore)



My neighbor, who has mental issues (he is on meds, under treatment etc), has taken it upon himself to install a video surveillance system. I am okay with this in general. He wants to monitor his private property, fine with me. My beef is there are several cameras, one of which in no uncertain terms is pointed at MY private back yard. Meaning everything I do on my own property could/will be recorded.



We live in a town home community, so there are no fences between the individually owned property adjacent to our units. But legally in no uncertain terms each of us owns property extending from the back of our units out approximately 15 yards.



Talking to him about the intrusive camera is not an option. He considers me (and a few others in the community) his enemies, based on manufactured incidents of being offended, disrespected, etc. He has accused several of us over time of trespassing on his property. Also we have landscapers who mow grass, trim trees/shrubs, blow away leaves, etc (part of our hoa dues). Sometimes they prune aggressively, or with their leave blowers do minor damage to items people might leave on their decks or deck railings. When this has happened, he has screamed profanities at various in the community, saying we must have come over and chopped his trees and damaged his stuff because we don't like him (we don't like him, true, but in general are not vengeful people - as far as I know). The police have been called a couple of times - they are unwilling to do anything unless he actually issues a threat (I think he knows this).



What I am wondering is, what can I expect the police to do, if I call them about the camera which is violating my privacy, and could be part of a pattern of stalking? If the police are just gonna say they don't enforce such things, sorry bub, go hire a lawyer and go to court, I might as well not call them. I don't want to be on record complaining about him (more than the one time I called about the profanity shouting), and then if something does indeed happen (as I said, many do not like him), I'm on the list of suspects.





Arrest Procedure: Surveillance Camera Pointed at My Back Yard, Privacy/Stalking, Washington State

Criminal Records: Applying for an Opt (Ead Card) with Criminal Background

Hello ,

My friend has applied for the OPT on December 23rd , he is currently on F1 status . He was arrested for a felony on December 25th . The case has been taken back by the person who filed it . Will this effect him with the application of OPT ?? Can anyone please give info regarding this .



Thank you in advance .





Criminal Records: Applying for an Opt (Ead Card) with Criminal Background

Other Violations: Are Superior Court Cases Eligible for Citing Precedent

My question involves a traffic ticket from the state of: CA



As I move to a TWD for my No Left Turn case (sign totally obscured), it occurred to me: are superior court cases all on file somewhere?

If so, if another judge dismissed a citation for a sign being totally obscured, can't one cite that case as precedent? Or is that really only

limited to district and supreme court cases?





Other Violations: Are Superior Court Cases Eligible for Citing Precedent

Property Division: Contempt of Court

My question involves a divorce in the state of: Arkansas

My ex had 90 days after the divorce was final to get our house refinanced into her name. It is well over the 90 days and she still hasn't done it and can't until June of 2015. What are my options I can do anything until this house is out of my name.





Property Division: Contempt of Court

Unlawful Presence and Overstay Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

Hi guys! thank you so much for taking the time to read about my predicament. You're time is much appreciated.



The gist of the story is that my mother (who was a naturalized U.S. citizen at the time, but was naturalized after my birth) brought me to this country with her from Canada at the age of 3...that would be back around '97 or '98..On January I will be 21 years old. She brought me here without inspection, no passport, no green card, no nothing. I think she took a bus to buffalo and then flew to where I'm currently residing.



I know that I should have left the country before turning 18, but that's alot easier said then done. Canada is a country I don't really know, and I'm still struggling to financially stand on my own two feet, so I couldn't have imagined trying to start a new life in a country pretty foreign to me.



I would have loved to benefit from the Child Citizenship Act of 2000, but because of my mother's choice to bring me here with no green card that seems impossible. :wallbang:



It aggravates me that it doesn't seem to be of too much concern to her, because she lives comfortably here as a U.S. citizen, while nothing is certain for me. Her and my step-father seem to believe that I'm an "adult now" so all of a sudden the responsibility should move to me. I do not believe that I can afford an immigration attorney. And because of the apparent obscurity of my situation noone seems to really be able to offer me much help. What should I do? It KILLS me that the only thing between me and being a U.S. citizen is a decision my mother made over 17 years ago!!



Also, do I have a lawsuit here? I believe that she should be liable to assist me with this.



Thank you guys!





Unlawful Presence and Overstay Options for an Undocumented Canadian Citizen Brought Into the U.S. as a Child

Quiet Enjoyment: Unwanted Showings of an Apartment by a Real Estate Broker

My question involves landlord-tenant law in the State of: New York (Not NYC)



I live in a home with 3 other tenants under a group lease. The landlord has had the house up for sale with a local real estate broker and has had investors come to look at the house for awhile now. During the fall school semester, one or more of the tenants were home during when the meetings were set up, so no disputes over the timing were brought up. Since then, we have all gone home for the holidays and the apartment is not actively occupied. The landlord had informed us of a meeting with the broker and investors in the home, to which the tenants took issue with since nobody was home. We requested a rescheduling to a time when either we were home or she could be present, which had been a request since the home went up for sale, to which she replied "that just doesn't happen". The meeting went on as planned, and happened again the next day. When other tenants called, the landlord openly complained about the first call, repeated her right to sell the home--which we take no issue with-- and stated that we were being a nuisance and a hindrance to her selling the home.



Under the NY tenants' rights, it is stated that "Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant’s apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In an emergency, such as a fire, the landlord may enter the apartment without the tenant’s consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. Additionally, a landlord may not interfere with the installation of cable televison facilities. Public Service Law § 228.".



The lease we signed includes the wording "[The tenants agree] To allow the Lessor or authorized personnel to enter and make repairs, Improvements, to show the apartment to rental prospects during reasonable hours and upon reasonable notice, unless such repairs are deemed to be an emergency."



We have received notice of these visitors to our unguarded home and property exactly 24 hours before the demanded time which is the minimum for NY state, and our requests for rescheduling and presence of the landlord for parade of strangers through our residency have been ignored. In addition, we did not consent to the broker possessing a key to the home.



Can we do anything about this?





Quiet Enjoyment: Unwanted Showings of an Apartment by a Real Estate Broker

Termination: Final Paycheck

My question involves labor and employment law for the state of: New York



Hi,

I was recently let go and including my last date, I worked 5 days, in the 2nd half of the month. And the pay stub at the end of the month today showed only 32 hours which amounts to 4 days. Is the last date not counted for work pay?

Any suggestions on the best way to address?

Simple email asking HR for clarification and further steps based on that..etc?



Thanks a lot for your help.





Termination: Final Paycheck

Jail: False Imprisonment Lawsuit (Help)

My question involves civil rights in the State of: California



Before I share my story I was wondering if I had strong standings for a lawsuit and if I do...how would I go about it?



Here's my story...



I got sentenced to prison for a couple of years.

Before i got transported to prison an ICE (immigration) agent came and saw me at the county jail.

Paper works got signed and the county was told of my release.

The county was told that upon my release from state prison i would be picked up by ICE (not getting released back into the streets).

The county knows that i was not going to get released back out into the streets, instead i would be in ICE's custody.

With the county knowing all of this...i went to prison.

I served my time and on the day i got released from state prison ICE came and got me (that very same day while i was still in chains/custody).

48 hours later...a warrant was issued for my arrest "failure to appear" (to report to parole in person).

I spent the next few months in a federal detention facility with this warrant still active.

After everything was resolved with ICE my federal case officer wanted to release me (...finally going home! i said to myself).

Federal case officer comes and tells me...I was going to release you today but it looks like your county has an "outstanding warrant" out for your arrest.

Federal case officer tells me that this has happened before to other people in different counties.

Federal case officer tells me with those other counties the warrant would be lifted/get dismissed after he called and explained.

Federal case officer tells me he doesn't know what's going on in my county and that it was odd they wouldn't get the warrant dismissed.

...remember the warrant was issued for "failure to appear/report to parole after being released from state prison"

...i was still in custody. It was not possible for me to report in person no matter how much i wanted to.

Federal case officer tells me he won't be able to release me and that i would have to spend a couple days in county jail at the most before i get released.

...because of this mistake/error made by my county (i am starting to think it wasn't a mistake/error...) i suffered.

I got transported to my county and booked into the county jail.

I spent a couple days there and thought i was going to get released during my arraignment.

During my arraignment the judge stated that the county did not know where i was after i got released from state prison (when in fact they knew...)

...i did not get released.

My next court date came...i went and they tried to make me plea guilty to "failure to appear/report in person" after my release from state prison.

I told them i wasn't going to plea guilty. You guys knew of my whereabouts. I am going to plea not guilty.

I spent more time in jail. I did my own research, gathered up my own paper work and evidence/proof (while the county sits there laughing and knowing that i am innocence, still they wanted to make me plea guilty).

Next court date came my lawyer presented extra paper work/evidence and proof of where i actually was and i even gathered up a piece of paper work issued by my county saying that they did in fact received information on my whereabouts and knew that i would be in ICE's custody on the day of my release from state prison.



I have proof and paper work "hard evidence" saying that my county knew about my situation and future custody in ICE. This paper work was before i got transported to prison.

...remember when the ice agent came and saw me the first time while i was in county jail waiting to be transferred to state prison? My county knew about it since then.

...and they had over 3 months to fix the mistake/error (warrant), but they choose not too or ?

...I am starting to think it's a loophole the county knows about and is taking advantage of for $. Because i got transported, booked in and they even attempted to make me plea guilty to this warrant (i could have faced 180 days or more in jail).



Anyways...I was found innocence and got released.



I do want to sue for false imprisonment, loss of income, psychological stress, hardship and loss of potential employment that was lined up for me.



Please let me know if i have strong grounds for a lawsuit and if i do how do i go about it?





Jail: False Imprisonment Lawsuit (Help)

Custody and Visitation Issues: Non-Custodial Parent Moved to Another State, and Wants to File for Custody

mardi 30 décembre 2014

My question involves a child custody case from the State of: California



My ex fiance left and took my two youngest children to Texas two years ago. I filed for custody in California and even with her getting a fresh DUI with my 3 year old in the vehicle and her with no license she was awarded temporary full custody. She was able to afford an attorney through family and I wasn't able to afford one. Recently I moved to Kansas about a 10 hour drive from my two youngest children. I was informed that she has been caught by family with certain paraphernalia in her possession, yesterday, there are at least but not limited to two other times she has been up to not exactly legal leisure activities, she has lost her job, lost her apartment, her new significant other encourages, and from what I have been told joins my ex in these activities. My two youngest did not even live with my ex from July to October of this year, rather they were with her sister. And well it goes on and on. Am I legally able to file for emergency custody in my new state of residence, or do I need to file in the state the children are a legal resident in?





Custody and Visitation Issues: Non-Custodial Parent Moved to Another State, and Wants to File for Custody

Ownership Rights: Purchaseing a Forclosed Home and They Have Family Using the Sheds/Barns As Storage

My question involves personal property located in the State of: North Carolina

We are buying a forclosed home that is now owned by an investment corp. The investors have no idea what is actually going on on their land because they live in another state and honestly don't care (ha ha). The home behind the one we are buying is owned by a family member of the former owners of the forclosed home in which we are buying. The family member is using the barns and sheds and pastures to store vehicles put garbage etc. The clutter gets worse every time we visit the property waiting to close. When we get title do we have to evict them from those spaces? Do we have to give them a certain amount of time to get the stuff off our property? They don't have any legal rights to this property so they are basically trespassing on the land. Thanks





Ownership Rights: Purchaseing a Forclosed Home and They Have Family Using the Sheds/Barns As Storage

Termination: Easements

My question involves an easement in the state of:North Carolina: We're purchasing a home with 1 acre that has a small home on 1/2 acre behind our home and land. The owner of the back home is currently using the turn around driveway that goes right through the middle of our property and next to our front door in order to access his home. There IS NOT a an easement established. We don't intend to block him from his home but want to move his access to the far side of my property. This access point would still touch his 1/2 acre. His use of the turn around makes it so that have to separate our yard on the left and right instead of one large front yard with entry gate.





Termination: Easements

Business Issues: Partner Taking Unregister Cash

My question involves business law in the state of: Texas



Hi, I have been in a 50% corporation ownership fro 6 years, In July I have decided I what to sell my share, My partner was not happy abut this ever since he is been saying he will buy me out. as of today they still questioning the appraisal done by a 3rth party . But reality they are buying time to make money to be able to paid me Off. reality I start to believe he Can't afford me. this business make quite a cash on daily base. in the pass we were splitting the cash 50/50. I have always been in charge of the books. I stop splitting the cash due the current situation. I have been depositing all money to the business account. he was NOT happy and turn around and take half of the cash received daily with out any registration and notice to me. what can I do about it? can I accuse him of fraud to the company? in addition he has a business of his own and he is been using fund from our company to benefit his own, is this consider fraud? can I file a suit against him?





Business Issues: Partner Taking Unregister Cash

Home Insurance: Insurance Refusing to Pay for 1 Stolen Item and Paying Below Used Cost for Others

My question involves insurance law for the state of: california



living with my mother...her car gets broken into in the middle of the night, car was parked on the street in front of her house.



car insurance and home owners by state farms. car portions states they only cover what belongs to the car and any personal items inside the car would be passed onto home owners insurance.



Items stolen, total loss is $3500 in aviaiton equipment and a camera. (reason for leaving items in the car, emergency that day which resulted in a death in the family). used items would come out to $2500.



example: aviation headset, which has bluetooth and could be used outside of an aircraft. current new $1400 used $900 (i'm perfectly ok with getting used or refurbished since my headsets were used)



insurance is stating that they cover personal items, but aviation parts such as a headset or items that only works in planes are not covered.

however, i have yet to see this in a contract. in addition, they are saying that since i'm an aircraft owner my aircraft insurance should pay for it. my aviation insurance company says to sue the pants off them if they refuse.



Furthermore, they insurance company stated that they will pay for other items, however, it's way below used market value. for example they want to pay $200 for a DSLR camera purchased 4 weeks prior at the cost of $1500 and current used price is $1000.



I have no idea they are getting their numbers, why they are refusing to pay for aviation related items, or how to challenge any of this.





Home Insurance: Insurance Refusing to Pay for 1 Stolen Item and Paying Below Used Cost for Others

Estate Assets and Debts: Avoiding Creditors of an Estate

My question involves estate proceedings in the state of: South Dakota



I had a parent pass away and was wondering best way of avoiding credit cards from collecting from estate. Estate is basically the house and is in deceased name. Should I avoid probate? Is there a way to transfer title without their knowledge? Would I be better off negotiating with them?





Estate Assets and Debts: Avoiding Creditors of an Estate

Child Abuse: Child Abuse

My question involves child abuse or neglect in the State of: Colorado



So this just happened today with my dad. He loses his temper over the smallest things. Well today he shoved me in a violent manner for telling him to stop yelling when there was no reason too and told him he was being rude. He put his hand in a fist like he was going to punch me and kept telling me to call him rude again. He then began to call me an a****** and worthless then he got the home phone and told me to call the police which I didn't. He thinks just because he's my dad he can hit me or say anything he wants to me. Is this child abuse?





Child Abuse: Child Abuse

Foreclosure: House Still in Pre-Foreclosure After 7 Years (Nj)

I purchased a home in Southern NJ in mid 2006 with 80/20 loan from the same loan company (American Home Mortgage) with an existing IRS Tax Lien. Yes they KNEW I had a large IRS lien. In 2008 a perfect storm of Job Issues, IRS Collection Activities and my wife losing her job with a baby on the way forced us to fall behind on our mortgage payments. All efforts to work with the bank for a modification failed and we were forced moved out of our home in October of 2008 in fear of being foreclosed on and being without a home to live in. It is now close to 2015 and the house is still in "pre-foreclosure" and is still unoccupied. The house is obviously in poor condition. I am now on a payment plan with the IRS (that chapter of my life is on the mend), but the issue of the house in NJ is still un-resolved. The loan is now owned by SLS and a collection company. SLS refuses to foreclose on the home and the issue still goes unresolved. They are reporting this on my credit as if this all happened yesterday and 7 years later I still have sub 500 credit scores. I no longer live or work in NJ in fact I live and work in Texas. I would like to put this behind us and move forward with our lives and eventually purchase a new home since we now have sufficient income to do it but I can not while this matter goes unresolved. I have considered a died in lieu but I am afraid that this will reset the "credit clock" and they will see what I make now and just come after me for the mortgage payments. Is there anything I can do in this situation?





Foreclosure: House Still in Pre-Foreclosure After 7 Years (Nj)

Moving Out: Moving Early but Paying for Full Month

My question involves landlord-tenant law in the State of: Florida, Brevard county



My lease expires on Jan 31, 2015. I intend to vacate the apartment on the 1st of Jan but pay the months rent to fulfill my lease. My landlord wants me to turn over possession of the apartment so she can move a new tenant in on the 15th of the month but refuses to give me a rebate on the rent i am paying through the end of the month. My question is can she legally rent out the same unit to 2 different parties and collect rent twice for the same time period? I understand that i am not obligated to allow her to do this as i am legally the tenant of record until Jan 31st but she insists this is what she wants to do and she refuses to entertain the rebate. I need to add here that over the past few months there have been numerous issues in this unit and there are open holes in the walls and ceilings from them attempting to chase down a plumbing leak. this started before thanksgiving when they left me with no hot water for a week. they have never returned to finish repairing the walls and ceiling and the entire leak issues have never been fully resolved. This is part of why i am moving. Any info you can give or direction to foillow would be greatly appreciated





Moving Out: Moving Early but Paying for Full Month

Collection Lawsuits: Attorney Claims More Money is Owed in Judgement After It is Paid in Full - Texas

My question involves collection proceedings in the State of: Texas



In 2009, I was served in person a lawsuit for a debt and agreed out of court to pay the total in full. The agreement involved a Good Faith payment of 20% which would be followed by monthly installment payments for two years. A few months before I fulfilled my agreement, they started telling me I owed them around $1,500 more than originally agreed. Every time I would remind them that I had mutiple copies of the original paperwork sent to me, them, and the judge. I also had the letter I sent to the judge explaining the agreement and signed documents from their office to the agreed upon amount. Every time this happened, they would apologize and say the gentleman who did my paperwork originally did it wrong and left out some money. They honored the agreement until the very end. With my final payment, I continuously requested a confirmation of the debt being paid in full and kept getting a "Oh, sorry. It's been busy up here. I'll get it out to you in the next week." I let it go and I wish I hadn't.



Fast forward to a week ago, I received a letter from a different law office claiming I have an unpaid amount on my judgement that has been accruing interest and they would persue an Abstract of Judgement on if I ignore their request. They are stating that the judegement orginially placed on me is more than what I had agreed upon. I'm not sure what steps to take in this matter. The letter was titled "Settlement Offer" which I remember getting all of the time. I don't mind paying the amount but I don't feel I should be charged an inflated amount for a debt owed that is claimed as unpaid judgement.



TL;DR: Debt collector has hired an attorney to collect extra funds from me that they are claiming are unpaid from a judgement five years ago that was paid in full three years ago. The amount was NOT included in the original settlement. What are my options for halting an Abstract of Judgement? I'm not avoiding the debt, just avoiding a legal circus. Does this prevent me from settleing the debt for less?



I want to avoid another judgement but I don't want this to go on my record as unpaid judgement when it was paid in full. Should I contact the judge? Hire a lawyer? Or are they just useing a scare tactic to find me?



Please help!





Collection Lawsuits: Attorney Claims More Money is Owed in Judgement After It is Paid in Full - Texas

Background Checks: How Would You Interpret This Question Regarding Expunged/Sealed Record

My question involves labor and employment law for the state of: NC



I am confused by the question below. I have a sealed record in the state of FL. It is unrelated to alcohol/drugs/traffic violation. Should i answer YES or NO? Thanks. The application also states not to disclose if the record is expunged. Mine is sealed.



"

CHARGES

Have you ever been summoned, arrested, taken into custody, indicted, convicted or tried for, or charged with, or pleaded guilty or nolo contender to the violation of any law or ordinance of the commission of any felony or misdemeanor? If your answer is “YES” mail or notarized statement describing full the nature of any such matters, with complete facts, disposition of the matter. Only traffic violations unrelated to alcohol or drugs, may be excluded from this answer. If the matter has been expunged from your records, do not list.



DO I LIST A CHARGE THAT HAS BEEN EXPUNGED? NO



"





Background Checks: How Would You Interpret This Question Regarding Expunged/Sealed Record

Ticket Errors: Expired Registration

My question involves traffic court in the State of: New Jersey

My wife was issued a summons for violation N.J.S.A 39:3-40 driving with suspended or revoked registration. Her reg. has expired 7 months ago. An oversight on her part. We have three other vehicles and they are all correct.

The inspection, insurance, her license were fine. As far as we know the registration on that car was never revoked or suspended, just overdue.

We were told she must appear in court. Jan. 8

I feel the citation should have been 39:3-4 New Jersey Statutes Annotated. 39:3-4. Driving or parking unregistered motor vehicle.

What will happen on court day? Please advise as this is the first time we have ever gone through this.





Ticket Errors: Expired Registration

Emancipation: Emancipation in the State of Tennessee

lundi 29 décembre 2014

My question involves juvenile law in the State of: Tennessee.



Hello, I'm posting to hopefully gain some insight on the possibility of emancipation for a significant other of mine. I have spent some time reading other posts before making my own, and I realize that emancipation wasn't necessarily meant for minors wanting to leave their home, but for those found living by themselves outside of their control. Regardless, I wanted to write this up anyways and get some opinions on the matter. My current SO works a very small amount of hours for a monthly pay of $3,000 a month. I taught her Web Design, and helped her gain employment as a Virtual Assistant. She is currently working as a VA for someone else, not related to myself. TN states that a minor must be living on their own to be considered for emancipation if I understand correctly, however, she is unable to live on her own until she is emancipated. Her parents are separated, and her mother works as a dancer while her father is a DJ in Colorado. She is currently residing with her mother in TN. Her mother has a few personal issues, but nothing quite as bad as the insanity or drug addictions that I've read in other threads. This isn't a post about abuse. However, her mother goes to work once or twice a month, and income is sporadic. My SO would be able to better support herself on her own, as her income allows it. She will be sixteen in a few more months, and will be applying then. I have helped her draw up a rudimentary financial plan, regarding rent, utilities, food, etc. She is an A/B, Honor Student and her current work hours are low enough that they do not affect her education at this time. I would like to clarify that she already has the job. In regards to the rent, she will be living on her own in TN, and in no way will be living in the same residence as myself. I am simply helping her gain information. I realize how fickle teenage relationships can be, and have taken that into account and set it up so that everything will be from an independent standpoint. Her insurance, food, personal and educational needs will be met by her income alone, without government aid, aid from relatives, or myself. I will be shipping out soon, and then deploying, so living together will be impossible for the time being as is. This was a large post so I'll try and bring it to a few concise points to recap.




  • She currently makes $36,000 a year working as a Virtual Assistant and doing a small amount of freelance Web Design.

  • Will be furthering her education and living a more stable lifestyle.

  • Will be living on her own and supporting herself from her own income.

  • Is not being abused and does not require the aid of CPS.






Thanks in advance, and if I can expand on anything posted above, please tell me and I will be glad to do so.





Emancipation: Emancipation in the State of Tennessee

Spousal Rights and Duties: Cosigned on Car with Spouse, Who is Hiding it and Not Paying

My question involves personal property located in the State of: Alabama



My husband was recently arrested for the worst thing you can imagine. His bond is very high and will probably never be reduced enough for him to get out. It's another month before a hearing. I cosigned for a car that he has hidden somewhere. A payment is due in a couple of weeks. I called the car dealership and they said it says "or" on the loan. The bank wasn't sure which I thought was odd. The bank just knows both of our names are on it. I wasn't allowed to work in our 20+yrs of marriage and there's no way I can make the payments. At the moment I'm still paying for the insurance on the car.



Other than hiring a lawyer that I can't afford, and he knows it, do I have any options? Could I report the car stolen? I'm sure the bank won't help, they just want their money. I hate to pay for a car that I don't have possession of. I would try to sell it or my daughter has offered to take up payments.



What are my legal rights?





Spousal Rights and Duties: Cosigned on Car with Spouse, Who is Hiding it and Not Paying

Collection Lawsuits: Where Must a Credit Card Company Sue You After You Default

My question involves collection proceedings in the State of: Could be CT, NH, or GA



Which state has jurisdiction when it comes to bad debt (credit cards and old medical bills)? The state you lived in at the time the debt was started, state you lived in when you made last payment, state you live in now?



I've been in the same state (GA) for 4 years but wasn't sure if GA rules for old debt since the debt was created in CT and last paid in NH.





Thanks!





Collection Lawsuits: Where Must a Credit Card Company Sue You After You Default

Hearings and Trials: Overdue Registration

My question involves traffic court in the State of: nj

My wife was ticketed last week. Her car was impounded. Her registration was expired. Seven months overdue. License, inspection, insurance was fine. An oversight on her part. As a matter of fact we have three other verhicles that the cop checked and all were up to date.

The citation was NJSA 39:3-40, meaning license or reg. is suspended or revoked. Her reg. is neither, just overdue. We were never notified it was either revoked or suspended.

I think the summons should have been 39:3-4, an overdue registration. The way I understand is the actual offense could be paid by mail. My wife was told she must appear in court Jan. 8

What will happen in court. Will the judge throw out the summons saying it is a mistake? Will we have to pay court costs? Will she get locked up (lol)

Please advise us on this, never experienced court before.





Hearings and Trials: Overdue Registration

Background Checks: California Public Safety (Fire Department) Background Investigation

My question involves labor and employment law for the state of: California



Hello everyone,



I am going through a background investigation for a California Fire Department and I was wondering if I am legally responsible for disclosing information regarding an arrest that led to no conviction. From my research I have concluded under CA labor laws, CA employers are not aloud to ask about arrests that led to a dismissal. Does this labor law apply to public safety positions? Take care and I look forward to receiving some help as this process is very important to me.



Thanks





Background Checks: California Public Safety (Fire Department) Background Investigation

Establishing Paternity: After 14 Years Another Man Claims to Be Father

My question involves paternity law for the State of Washington: My son and Daughter-In-Law had a baby 14 years ago. They got married a year later. Son signed birth certificate at time of birth. Now 14 years later, another man is wanting to claim paternity. Can he do this after 14 years? It is not right he wants to rock everyones world when he is not the father. His motive is unclear at this time.





Establishing Paternity: After 14 Years Another Man Claims to Be Father

Trials: First Time Offender for 4th Degree Shoplifitng

My question involves criminal law for the state of: New Jersey

Yesterday I was detained at a macy's for attempting to steal an item that cost nearly 245$, after filling out paperwork and paying the 150$ fine, the police were called in to take me to the Wayne police department. There I went through the whole process of fingerprints, mug shot etc.) I received my court date and they allowed me to leave. Here are My questions, since this is my first offense and i have a clean criminal record, should i plead guilty or not guilty to the 4th degree crime? Is there a chance of a dismissal ? and i understand the severity of my actions but how severely would this hinder job opportunity chance? I'm 18 and also a freshman in college and working part time since i am on break currently.





Trials: First Time Offender for 4th Degree Shoplifitng

Drunk and Impaired Driving: My Car Has a Hold/Forfeiture on It After a OWI and It's Been 2 Weeks with No News

My question involves criminal law for the state of: MICHIGAN



Dec 17th I was involved in an accident & I was charged with an OWI. They took my car & it is being held in a tow yard, I have a payment on my car & full coverage insurance. It has been 13 days & no one will return my calls on what to do about getting my car out, the tow car won't release my belongings until the police okay it & they police won't okay it until the wanye county prosecutors office gives the okay but they still haven't done anything with it. 2 weeks in pretty crazy to hold my car I believe, am I being unreasonable or are they not following the law? I am wondering at this point if I should just let the car go since it is totaled.:wallbang:





Drunk and Impaired Driving: My Car Has a Hold/Forfeiture on It After a OWI and It's Been 2 Weeks with No News

Other Violations: Ticket for Misuse of Horn, VC 27001(a)

My question involves traffic court in the State of: /california.

i beeped my horn at car in front of me. 2 motorcycle deputies were in lane to my right. one of themordered me to pull over into school parking lot which was coned off for cars to enter. I told him it was coned and he said go through it. he wanted to know why i beeped at him. Said i beeped at guy in front of me. he said no you didnt and idont believe you. then he asked why are you so pissed off? tried to explain but then knew to shut up. gave him my credentials. he gave me notice to appear for blowing the horn. then he comes back to my door and asks what year is your car? then he says have a nice day and speeds off to join his partner at local restaurant at 09:30. Will I get to explain to the Judge what happened and officer's rude behaviour and cursing. I understand I have to pay the fine.





Other Violations: Ticket for Misuse of Horn, VC 27001(a)

Classification of Workers: 1099 Taxes

My question involves independent contractors in the state of: Florida



I am an employee for a self-employed business owner. I have been working for her since February, and she has me as a 1099. I've only made a little over 5k this year, as of Dec. 31. I had heard somewhere that if I was under a certain limit, I might not have to pay taxes. I'm also claiming independence for the first time on my 2015 taxes. I usually am a W2, so this is a different realm for me. Just to be safe, I've put 30% of my income in savings in the event I have to pay for taxes. Any guidance on this would be greatly appreciated!





Classification of Workers: 1099 Taxes

Divorce: Divorce

My question involves a marriage in the state of:



Hi!! I am on F1 Visa and came to US 2 years back. I was divorsed before I came to US. I was afraid while filling the Visa application form and filled it out as married. So my current status is still a valid marriage as per usa records. I want to get married now in usa, will that effect my current visa status or will have any issues in the future? Is there any work around solution for this. I am still on F1. Any ideas plz??





Divorce: Divorce

Homicide: Negligant Homicide/Burden of Proof

My question involves criminal law for the state of: California



Mom passed last January.

Her 2nd husband, refused assistance in her care the past several years, he allowed her to fall six times during those years, he was her only care taker, they lived, just the two of them in a standard home; the last fall, she was in hospital for six weeks, she never fully recovered from that fall. I believe that last fall, if not the previous falls, caused her early demise. The sixth fall, she "went out to get the mail", fell on the concrete front step, and we still don't know how long she lay there, and either he does not know or refuses to tell us.

The doctors told us that first day at the hospital, "she probable will not recover from this fall", when she did "recover" enough to go home, after six weeks, the doctor actually used the word miracle.



Several family members spoke with him during the past several years suggesting he get assistance in her care, he refused, stating that he was capable of caring for her on his own. BTW, they can/could easily afford round the clock in home care, which is what she needed.



He hid HEALTH CARE POWER OF ATTORNEY from us, it placed Brother and me in charge of her health care, I did not find HCPOW until after her last fall. When she "recovered" (about 85%), and returned home, I immediately enacted 24/7 care for her. He was furious, but do nothing to stop me.



His allowing her to fall over and over again, refusing assistance, hiding HCPOW, I think constitutes Negligent Homicide.



I have briefly spoke with a Police Homicide Detective, he asked for autopsy report, which of course, there is not one. I tried to explain to him that there is not going to be "a smoking gun", I am now getting doctors reports, death certificate, statements from family members and care givers.



Would I be better off filing is Civil Court as opposed to Criminal Court?





Homicide: Negligant Homicide/Burden of Proof

Title Ownership: Getting a Title

My question involves vehicle registration or title in the state of: Ohio OK I bought a car off my friend and he bought it off a guy from Michigan and he lost the title before he was able to get it registered and we don't know how to get a hold of the original owner to get a new one is there any way for me to get a title





Title Ownership: Getting a Title

Unemployment Benefits: Fear of Denial of Benifits

My question involves unemployment benefits for the state of: Nevada



Im looking to get an idea of how often does Nevada unemployment benefits get awarded to the employee who was discharged/fired? What are my best chances and what can I do to better my ability to win the decision?



I am currently waiting until tomorrow for the unemployment office to call me to ask further questions in regards to my claim.



I was let go after three years of employment and was not given a reason at the time of the termination. However I have seen other employees let go before without any reason unbeknownst to them, and managers being requested by HR to help build a case against said employee so that the claim for unemployment would be denied. Such as write ups during any time of employment or record of employee not abiding by a broad spectrum of "policy and procedure". Im worried that will occur to me and I want to be as prepared as can be to appeal.





Unemployment Benefits: Fear of Denial of Benifits

Drug Possession: Plea Bargain Assistance

My question involves criminal law for the state of: Georgia



I wanted to know if you already signed paperwork to take a plea can they tell you to come back to court and offer you another plea. My friend signed a paperwork for a plea to do 20 d0 3 but now they want him to sign off on another plea for 20 d0 4 instead but he has already took the plea offer and signed the paperwork for the 20 do 3. Can they do that? Can they switch up the plea bargain if he has already signed one?





Drug Possession: Plea Bargain Assistance

Probate Court Procedure: Undocumented Father Dead in Car Accident: How to Get Insurance Claim to Heirs

dimanche 28 décembre 2014

My question involves estate proceedings in the state of: California



What is the name of your state (only U.S. law)? California



I am helping a friend out with the situation that follows:



His father (lets call him Fernando), was killed by a drunk driver. The driver had basic liability coverage. The insurance company has agreed to pay the max of $15k to as a result of Fernando's death. He had only three heirs, his sons. Two are adults and one is a minor. All three sons are citizens born and residing in the US. However, Fernando, a native of Mexico, had been living/working in the US without documentation. He had no Social Security card, no bank accounts, no money and no assets.



What I have learned is that they cannot just give it to the heirs, it must go through proper probate channels. We need to establish a bank account with the legal authority to receive the funds on the behalf of the Fernando's estate and then disperse the money to the brothers. I am wondering how it is possible to open a bank account without any money in it. All the example cases I am reading about involve starting with a decedent who had money and other assets. However, the only asset in this case is a future insurance payment.



I want to help my friend with whatever legal steps are needed to get the insurance benefit for Fernando's death to his sons. Does he need an estate or trust or both? If so, what type? What steps should be taken?



Is the undocumented status of Fernando an issue? I was reading some things and believe filing an SS-4 is needed. Can this be done without a lawyer? My friend and his family have little money. I am willing to help with as much as possible. Although this is unfamiliar territory, I have drawn up legal documents related to some complex legal issues at work, and feel up to the challenge.



Any advice or guidance would be greatly appreciated.



Thanks!





Probate Court Procedure: Undocumented Father Dead in Car Accident: How to Get Insurance Claim to Heirs

Calculation of Support: Retroactive Child Support Within Long Arm Law

My question involves child support in the State of: Florida

The mother of my children now lives in another state and although I now have custody and my name on the birth certificates of both children I am finally seeing the child support case coming.

The question is the mother abandoned them in January 2011 and took over 2 years to get jurisdiction correct because the case was for some reason set in Okeechobee county and not Polk county. but finally long arm law was determined. Does the same 2 years prior to filing still apply to long arm law or can it go back from when she left the house hold?

Edit

the case is being handled by the state attorney and d.o.r.





Calculation of Support: Retroactive Child Support Within Long Arm Law

Speeding Tickets: What Can I Do if I'm Not a Resident and Got a Speeding Ticket

My question involves a traffic ticket from the state of: North Carolina I was doing 86 in a 65 in Shelby NC. Said I have to appear in court? I live in Texas what can I do to take care it from TX?





Speeding Tickets: What Can I Do if I'm Not a Resident and Got a Speeding Ticket

Background Checks: Felony Conviction Did Not Show on Background Check

My question involves labor and employment law for the state of: Alabama

I was convicted of a Class B felony drug charge in 2010. I applied for a job and self admitted on the application about my conviction. After my interview, The company ran a background check and there was nothing on my conviction. Because I admitted on my application, the company asked for documentation of resolution of my case. When I turned that in, I was denied the job. My main question is, why would my background check come back clean? This tempts me to not disclose the information in the future but, I don't want to be dishonest.





Background Checks: Felony Conviction Did Not Show on Background Check

Legal Malpractice: Can a Paralegal Be Sued for Malpractice

My question involves legal malpractice in the state of: California



I went to a paralegal on 8/17/12 to file bankruptcy. I returned my paperwork within a month, completed my first credit counseling class and never heard back from him. I began calling him repeatedly a couple of months later. Each time he would answer the phone and promise to call me back a few days later, which never happened. I received paper work that I was being sued, I spoke to the paralegal who said that he couldn't advise me but that it would be fine because I am filing bankruptcy. I continued to call him every few weeks with the same result, he would answer but never call me back. I left him a message that I thought at the very least he should return my money, this is when he stopped answering when I called and, of course, never returned my calls. In 7/2013, in the midst of the phone calls, and odd excuses, I was served with a wage garnishment notice at my office. I finally realized I better seek out an actual lawyer, which I did within a few days. I found out from him that a lien for $10,000 had been placed on my home less than a month earlier. I also had to pay the lawyer extra fees to have an emergency filing done that week to prevent the garnishment from beginning, and any other actions being filed. Can I hold the paralegal responsible for any of this??





Legal Malpractice: Can a Paralegal Be Sued for Malpractice

Medical Malpractice: Medical Malpractice 3 Years and Counting

My question involves medical malpractice in the state of: NJ. I have a malpractice case involving 3 doctors that has just reached the 3 year mark.This involves compartment syndrome,footdrop,nerve/muscle damage.Our deps are finished with the experts still pending. I was told by my attorney my case had a full value of 3 to 4 million but I could cut those numbers in half because my case is a 50/50 proposition-like every case.The other side is going to take the opposite position to our position. He said we could either win or lose, if we lose we get nothing. That each case is discounted by 50% unless the case is one of absolute liability.mine isn't. I'm confused by this. Is this a way of setting up for a settlement? where both sides concede the 50%? Any input would be a big help





Medical Malpractice: Medical Malpractice 3 Years and Counting

Speeding Tickets: Automated Traffic Enforcement by Speed Photo

My question involves a traffic ticket from the state of: Iowa



Not sure if this is the correct forum because the infraction is actually a civil case. The city of Davenport has assessed a fine against me for a speeding violation committed a driver of my vehicle.



Davenport ordnance 10.16.070 Automated traffic enforcement section C. 2. states: the vehicle owner shall be liable for a fine as imposed below if such vehicle travels at a speed above the posted speed limit.



Section D. 3. states: a recipient of an automated traffic citation may dispute the citation by requesting an issuance of a municipal infraction citation by the police department. Such request will result in a required court appearance by the recipient and in the scheduling of a trial before a judge or magistrate at the Scott County Courthouse.



Iowa code 364.22 Municipal Infractions, 6. b. states: The city has the burden of proof that the municipal infraction occurred and that the defendant committed the infraction. The proof shall be by clear, satisfactory, and convincing evidence.



My question is, based on the wording of the Davenport ordnance, if an issuance of a municipal infraction is requested, does the city have to prove that the defendant was the person who physically committed the infraction or merely that the vehicle was speeding and the defendant is the vehicle owner?



Thanks for your help.





Speeding Tickets: Automated Traffic Enforcement by Speed Photo

Other Issues: Who Can Get a U Visa

My friend arrived on the Visa Waiver Program and has been here for 2 months and is allowed to stay for 3 months. He was recently mugged and went to the hospital to treat the injuries, he also reported it to the police but so far no arrest has been made.

Does he qualify for the U-Visa even if he is here just as a tourist?





Other Issues: Who Can Get a U Visa

International Law Issues: Torture Victims Protection Act

Hi,



I understand that the Torture Victims Protection Act allows torture victims to sue the officials of a foreign state in the courts of the United States, subject to a number of limitations.



I was reading about the cases of a number of non-US individuals who had allegedly been tortured by foreign governments and were blocked from bringing civil suits in their home country under State Immunity laws e.g. http://en.wikipedia.org/wiki/William...n_%28author%29



Can a person who is neither a US citizen or resident bring a civil suit under this act?



James.





International Law Issues: Torture Victims Protection Act

Medical Malpractice: Dentist Removed All My Bottom Teeth and Was T Supposed to

Hello. I am in the process of getting dentures. I went to a dentist back in January who told me I needed to have all my upper teeth removed but my bottom were good other than the molars i. The back of need a partial for. I just turned 35 and that news was frightening to me. I waited until November and wanted a 2nd opinion so I went to another dentist who said the same thing so I went ahead and scheduled to have the work done. I dreaded it but felt fortunate that my bottom teeth were still good as I was always told try to keep those as long as you can because it's a larger adjustment as far as talking eating etc when you have to have lower dentures. I went in for the extractions about 10 days ago and was IV sexated for the procedure. My dentist didn't tell me of any changes from my previous visit less than 2 weeks prior and went ahead and put me to sleep. I didn't realize until the next day that he took all of my teeth! My father was at the dentist to drive me home and I don't remember any of this but the nurse who brought me out told him they took all of them and said that they had told me they were going to do so before they put me out. I was perfectly aware of everything before the procedure and at no time was made aware of this nor would I have consented because my lower teeth were good. I even have the paper showing the procedure was to be a full upper denture and a partial on bottom. I go back in a week to get the impressions made and am curious as to what the dentist will say is the reason for removing all of my teeth instead of what we discussed. I plan to record this convo with my phone in my pocket when I go. I guess my questions are how should I proceed and would I have a malpractice case? I'm going back to school in 2 weeks and am dreading all of this. It took a lot for me to talk myself into the full upper denture as my teeth were t that bad when I smiled but I'm still having trouble believing this happened. I don't know if he did it by mistake and forgot he was only to remove the upper teeth or what but I can't see him legally being able to go to that extreme by law without my consent. Thanks for any help, info, and tips anyone can offer!





Medical Malpractice: Dentist Removed All My Bottom Teeth and Was T Supposed to

Repair and Maintenance: Slow Repairs of Plumbing Leak in Wall, Risk of Mold

My question involves landlord-tenant law in the State of: California

I have been in this building about two years. As soon as I moved in I made the owner aware that the plumbing from the bathroom above my garage was leaking into the garage. His immediate response was to deny it, even though at the time there were two large brown spots on the ceiling. Since then I have reported the leaks repeatedly, sending photos of the water, he alternately claims no evidence of leak, or has IMO, an incompetent (cheap) worker do "repairs". It's not a huge deal to me because it is the garage. (He claims it is the sink, not the toilet) With recent rains, the water has come down through the light fixture onto the roof of my car. After looking at it, he is no longer responding to my inquiries about repairing the leak. Could he be waiting for wind damage so he can get the his insurance to buy him a new roof?



Now I have discovered what appears to be a serious leak in my bathroom. The wall has dissolved, and it appears to have been going on for some time. I have notified him but he has not responded.



What am I looking at dealing with here? Should they be pulling out the bathtub and ripping up the wall to fix this? It looks like the flooring may be effected. I smell mildew now that the hole has opened up, and as luck would have it I am recovering from what I was told was either bronchitis or pertussis (not tests, just chest xray), now I am wondering what I have been breathing. Should I be worried about this? I'm concerned he will drag his heels and do his best to avoid making any repairs. I'd like to have some idea if this might be a risk to my health if he drags his heels getting repairs made for months and months and months like he typically does.



So I have two questions:

1. How extensive are the repairs likely to be in my bathroom, if done right?

2. Is mold really a concern? I don't want to nag him, but then I don't want to be made sick.





Repair and Maintenance: Slow Repairs of Plumbing Leak in Wall, Risk of Mold

Personal Investment: Legal Case with Bank As Someone Drained My Account Without My Approval

samedi 27 décembre 2014

I know this is USA forum but any general guidance will be helpful

My retirement savings are all gone. My bank in Cyprus told me that they received emails from you that had information and details to transfer the funds to an account in Asia.

They said the email had a JPEG file which was my signature and they accepted that.

They also stated that they tried to call me and then could not get hold of me, so after 3-4 email chains they transfered the money



The interesting thing is that I do not have any emails in my mailbox but they said they have printed the emails from my address (but do not have digital copies). So it can be photoshoped and printed.

I do not have any emails in or out related to this and now the bank is telling me that it was my fault

their play is that my email account got hacked and the hacker had my signature there so emailed the bank to transfer the money so I will not get my money



They have my signature in the bank since I signed a contract when I opened an account so they could have done it too. It has nothing to do my email or having JPEG in my email as my signature.

This is ridiculous. This is over 100k and transferred over 3-4 transactions.

They should have required wet signature or ID check before doing this even if there was an email.





I need guidance and help. What can I do?

The bank's lawyer is very seasoned and it took him 3 months to even provide the above defense as it is my fault and it is my responsibility to ensure my email is secure.

Let's go with scenario for a minute that I got hacked and someone emailed from my account to my bank to transfer all my funds to somewhere else named under someone else.

Does not that look suspicious? Dont they check if it was money laundering or funding something illegal?

How can they go with an email only? or even if email had a JPEG file as my signature? This is not logical



Any help or guidance to banking rules in UK or Cyprus will be greatly appreciated.





Personal Investment: Legal Case with Bank As Someone Drained My Account Without My Approval

Consumer Law Issues: Legal Case with Bank As Someone Drained My Account Without My Approval

My question involves a consumer law issue in the State of:



My retirement savings are all gone. My bank in Cyprus told me that they received emails from you that had information and details to transfer the funds to an account in Asia.

They said the email had a JPEG file which was my signature and they accepted that.

They also stated that they tried to call me and then could not get hold of me, so after 3-4 email chains they transfered the money



The interesting thing is that I do not have any emails in my mailbox but they said they have printed the emails from my address (but do not have digital copies). So it can be photoshoped and printed.

I do not have any emails in or out related to this and now the bank is telling me that it was my fault

their play is that my email account got hacked and the hacker had my signature there so emailed the bank to transfer the money so I will not get my money



They have my signature in the bank since I signed a contract when I opened an account so they could have done it too. It has nothing to do my email or having JPEG in my email as my signature.

This is ridiculous. This is over 100k and transferred over 3-4 transactions.

They should have required wet signature or ID check before doing this even if there was an email.





I need guidance and help. What can I do?

The bank's lawyer is very seasoned and it took him 3 months to even provide the above defense as it is my fault and it is my responsibility to ensure my email is secure.

Let's go with scenario for a minute that I got hacked and someone emailed from my account to my bank to transfer all my funds to somewhere else named under someone else.

Does not that look suspicious? Dont they check if it was money laundering or funding something illegal?

How can they go with an email only? or even if email had a JPEG file as my signature? This is not logical



Any help or guidance to banking rules in UK or Cyprus will be greatly appreciated.





Consumer Law Issues: Legal Case with Bank As Someone Drained My Account Without My Approval

Identity Theft: Reporting Identity Theft

My question involves police conduct in the State of: California/Arizona



Back in April of 2013, while attending court for the custody of my eldest child, it came to my attention, and the mediators attention, that I had several charges on my record for crimes such as assault and battery and assault and battery on an officer. The only issue here is that I committed no such crime, not only was I with child in one of the alleged acts, also it was in a completely different state.

Upon further investigation I found out that someone is collecting welfare in the state of California using my SSN. What are the proper legal actions to take here in clearing this up? Wouldn't I be able to submit finger prints and have them compared to the finger prints registered at the time of the booking? Also I haven't lived in California for almost a year now and that is completely verifiable.





Identity Theft: Reporting Identity Theft

Federal Taxes: Gift Cards As Income

I was involved in a class action lawsuit 2 years ago. I was issues a settlement of $500 in the form of a check and $1100 in gift cards only redeemable at the specific restaurant that was involved in the lawsuit. My 2012 taxes reported the $1100 on my w-2 as wages and I now have to pay back taxes on that amount. My wife was also involved in the case which adds an additional $900 in gift cards which was also reported on her w-2.



My question is, how can gift cards that are specific to one business that does not offer general merchandise for redemption become taxable wages? If I cannot use the gift cards for general merchandise, how can it be income?



Any thoughts would be appreciated.



Dafloata





Federal Taxes: Gift Cards As Income

Speeding Tickets: Juvenile Law for Speeding

My question involves a traffic ticket from the state of: Ohio



I got a ticket for speeding yesterday. I was doing 57 in a 35 on an open street with two lanes in each direction. There was little traffic - one car far in front and two relatively far behind me. This is my first ticket ever. I'm 17 years old and have had my license for a year and three months. My parents already know about it. I just want to know what the outcome would be in court because my biggest concern is that I'm graduating early from high school and will be starting college, which is nearly 3 hours away, on January 12th.





Speeding Tickets: Juvenile Law for Speeding

Modification: How to Live with My Grandma

My question involves guardianship in the State of: Pennsylvania



I am 16 and I don't want to live with my dad anymore I am getting verbally abused as well as physically and I get made to clean the house and watch my siblings all day as well as schoolwork (cyberschool) and I want to live with my grandmother but my father will not agree to this. Is there any way I can live with my grandmother without my father's consent? I am becoming severely depressed to were I have considered suicide please anything with help I have to get out of here.





Modification: How to Live with My Grandma

Drunk and Impaired Driving: Aggravated DUI Second Offense

Hello all, I've been stressing over the potential charges I may face and am going to court in the next couple of days... hoping someone can give me an idea of what I might actually be facing.



DETAILS:

I live in Kentucky.

I have had a DUI 1st offense with aggravated circumstances (blew .22) previously, I was pulled over (4 years and 10 months ago). This is my only previous charge.

I just got a DUI 2nd offense with aggravated circumstances (blew .304), there was damage to property (this is why the cops were called, not pulled over) (about $30 worth, I stopped my car to talk to the home owner and they were called) which I plan to pay off before court.

My license has already been revoked for 18 months.

I've already attended 4 alcohol abuse classes before court (was assigned 52 weeks [1 year]).

I've read it cannot be probated because of aggravated status.



I've spent 2-3 days in jail (16 hours in the drunk tank because they were overcrowded?). My public defender said the most common plea is 30 days home incarceration, but she didn't know it was aggravated. I talked to a lawyer who pretty much said 'you can pay me $400, but I feel like I'll be taking your money... good luck with the public defender' I could argue the scenario as to how I almost never drive since my last one (drunk or not [specially drunk]), my car has been sitting/not moving for 3 years, but this won't help just like it won't in court.



long story short, I've read the possible charges and am very scared. If anyone has a second to let me know what they think I may receive (home incarceration, required jail, etc...), please let me know!





Drunk and Impaired Driving: Aggravated DUI Second Offense

Guardianship: Can I Move My Little Brother Out of Mississippi when He Turns 18

vendredi 26 décembre 2014

My question involves guardianship in the State of: Mississippi Mississippi custody laws... My brother has been living with my aunt for years and we have always known how bad it was up there but could never act on it. My mom became an addict around 12 years ago and my aunt got custody of my brother and my other aunt (the good aunt) got custody of me. I am 28 now and my brother is 17. We are half brothers (different dads) and his dad died and he gets social security from that but he does not see it. There are 5 unemployed adults living there with 4 kids, including my little brother. He turns 18 in January 2015 and we have done some research and need some of the following question answered if anyone has knowledge. 1) We have read that he cant "legally" leave until he is 21 but my aunt has temporary guardianship I believe (assume full) and is not the actual mom or dad is that true? 2) He is planning to attend LSU when he graduates in a few months and if so can we go to the DMV and get him an ID using my address? Our mom has been clean for 7 years now, just bought a house and has her life completely turned around and this is where the true problems lies... She asked for guardianship of my little brother but ever since our mom has been clean she, up until a year or so ago, wouldnt let her see him and thinks of him as a burden that my mom put on her,and to kind of stick it to her, kept her from him. These are one of those situations where they make a lifetime movie out of because he was told us she makes him do everything for them and has put hands on him and not the spanking type. Something has to give! He also got $15,000+ dollars from a life insurance from his dad that is in a trust until he is 18... Can they touch that? Any information helps as we only have a little time left to make a move.





Guardianship: Can I Move My Little Brother Out of Mississippi when He Turns 18

Child Neglect: Child Abandonment when Mother Kicks Out Son to Be with Boyfriend

My question involves child abuse or neglect in the State of: Tennessee

A mother has abused her son his whole life. His grandmother raised him until he was 6. He's now 17. She has abused him physically within the past 5 months and will go into his room and scream at him every night saying he will go nowhere in life, won't make it to college (as he has been accepted) and it was his fault that she didn't graduate high school because she got pregnant with him. There are pictures of the black eye and scratches and someone actually witnessed her saying she did it.. He has a job and does well in school. She has called the police on him accusing him of trying to kill her because she found something "foul" in the shampoo bottle. She stated after the cops left that she "just wants him out of here!!" She took his key and kicked him out. The only family he has is a medically retired grandmother who can barely take care of herself. Mother tried to "pay his grandmother off" so she would take him in. Turning over SSI, Child support, and an extra 500$ just to take him in. She kicked him out before the weekend a couple weeks ago and immediately went to her boyfriend's house. On Christmas Eve night to the day after Christmas her boyfriend's car was there. Is this child neglect? What does someone do in this situation?





Child Neglect: Child Abandonment when Mother Kicks Out Son to Be with Boyfriend

Borders and Customs: B1 Visa

Hi

I have a clinical rotation for one month at a medical school starting from 5th of jan and ending in 30th of Jan

B1 visa was issued from 1st of December ending on 25th of February



I just received another acceptance letter for another month ending on 27 of Feb

I also have another letter from the ECFMG to do medical exam which depends on a calendar which is busy till may



can I extend my stay at the port of entry beyond 25th of Feb??



i am asking becase my friends don't fill the I 94 for their stay for this short visa. they just get a stamp of entry and the stay is depending on expiration date of the visa





Borders and Customs: B1 Visa

H Visas: Regarding Interview Waiver Drop-Box Program

Hi,



My prior H-1B visa with current employer "ABC" expired on 11/25/2014 but I have approved H-1B visa extension with the same employer "ABC" till 12/20/2015 and so does my wife who is on H-4 visa.I'm going on personal trip to India on 1/2/2015 and will be coming back to U.S.A on 1/25/2015 and my wife will be coming back to U.S on 2/25/2015. Both me and my wife qualify for the "Interview waiver drop-box" program. Now my concern is that my wife has a different "Receipt number" than mine on her approved H-4 visa extension whereas her DS-160 form she submitted asked only for Principal Applicant's Receipt number i.e myself. Her dropbox confirmation letter states that she needs to provide original I-797A copy. So Is this HER I-797A copy she needs to submit or is it MY I-797A copy? If she provides her i-797A copy and not mine, wont the U.S consulate in Mumbai question about it since the Receipt number starting with EAC we mentioned in her ustraveldocs application is mine since it specifically asked for "Principal applicant" information but her I-797A copy has a different Receipt number. Please advise.





H Visas: Regarding Interview Waiver Drop-Box Program

Hit-and-Run Accidents: Parking Lot Bump, Note Left, Bumper to Bumpee Obligations

My question involves a traffic accident in the State of: New York



My daughter (newly licensed ~6 months), accidentally backed into a parked car in a parking lot.

She pulled back into her spot, got out inspected both her car and the bumped car - and did not observe any obvious damage on either vehicle.

While she did not observe damage, she did leave a note providing her contact information.



A day and a half later, she received a call from the bumpee (leaving a message) indicating that her car had damage such that the rear door and exhaust was impacted.



At this point she has requested we call her back for proceeding with remediation. Now, we are not sure if the bumpee is trying to escalate damages to extract more from us/insurance or what. We have not contacted insurance or police at this point (and perhaps it's too late) and also, my daughter had her sister and a friend in the car with her as witnesses. At this point, not sure what recourse we have to remedy the situation. While we would be satisfied to pay for damages that were inline with the bump as witnessed, we do not want to be taken advantage of.



So, the question is... what obligation to we have to the bumpee if the bumpee is being dishonest and trying to extract more repairs than would be justified by the bump? Can we refuse to pay exorbitant amount if bumpee insists? Also, should we contact the police/insurance to inform them of the situation?



Thanks in advance for any advice.





Hit-and-Run Accidents: Parking Lot Bump, Note Left, Bumper to Bumpee Obligations

Ownership Rights: Forcing Sale of Jointly Owned Car

My question involves personal property located in the State of: New York.

i am the joint owner(with my son)of a 2013 car fully paid for by me. i want my half of the current value of the car. How do i force the sale of the vechicle, if my son refuses to cooperate.





Ownership Rights: Forcing Sale of Jointly Owned Car

Trials: What is Interest of Justice

what is interest of justice? please explain.





Trials: What is Interest of Justice

Following Too Closely: Failure to Stop Within the Assured Clear Distance Ahead, O.R.C. 2133.03

2133.03(A)

(A) No person shall operate a motor vehicle at a speed greater or less than is reasonable or proper , having due regard to the traffic, surface and width of the street or highway , and any other conditions, and no person shall drive any motor vehicle in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead



(Keep in mind this does not specify the situation beside you, Refers to the width of the Entire road, and always states "distance ahead" never referring or stating Lane anywhere. Distance ahead can be any of all 3 lanes that you can drive in a path to without hitting something during the estimation of Assured Clear Distance Ahead)



I was in a collision on 12/25/2014. The guy I collided with called the police after I had made sure he was ok, and told him i was going to get my insurance registration and legal documents. I am 100% ok with accepting fault when it comes to damages to his property, but the officer gave me a ticket for Failing to assure clear distance ahead.



The statement below both explains what happened that makes me believe that I was not guilty of this offense, but in essence, some A-hole going about 10 over the speed limit when general traffic around me was 10 under (I was also 10 under) impeded on my bubble reasonable area I could use being able to change lanes to the center when i was attempting to do so without him rear ending me. Traffic stopped and by the end I didn't have the time to make the lane change despite slowing down to almost a complete stop. This sudden and unpredictable A-hole from behind was almost on my bumper after 1-2 seconds and physically impeded on my rear being able to change lanes to the center by 3-4 seconds.



Based on the Statue, I think I have reasonable doubt, and I just don't want the points on my record... If they took it to 0 or changed it to a different charge of 0 points I would be happy.... but I would really like any advice or ideas.





My Defense



I am here today under oath not to deny the fact that at approximately 5:00pm on 12/25/2014 I was driving on I71 and was involved in a collision with a sedan causing damage to that sedan, but to deny the charge and to state that I am not guilty of “Columbus Code of Ordinances, Title 21, Chapter 2133.03 (A) ”, I Maintained Assured Clear Distance Ahead of me within the three lanes of traffic at all times until an incident beyond my control.



I was attempting to change lanes from the right lane to the center lane. The center lane was less congested ahead of me and had 3-4 additional car lengths of space beyond the ~4.x car lengths of space in my lane (I consider a car length to be between 23-27 feet).



I applied my Turn signal, scanned traffic ahead of me to ensure clear distance ahead of me, then checked my mirrors(2-4 seconds of time had now passed since putting on my turn signal to when I started looking at my mirror). When I checked my mirrors, I saw a Black car (sports car after having more time to recollect) approaching me with great speed and only appeared to be speeding up.



When the black car that was more than likely going beyond the speed limit, did not slow down during the 2-3 seconds I was glancing from in front of me to my mirror rapidly and caught up to me then partially passed me, he impeded on the Assured Clear Distance Ahead and reduced it beyond what I or anyone could have calculated for.



When I saw this car initially and realized it was moving faster than I, so preceded to partially apply my breaks, and allowed them to pass me faster, however during this time, the traffic in my lane had come to or was progressing towards a sudden halt. With the black car now passing me in the area I had previously considered to be my Clear and Assured Distance ahead and me braking, I attempted to change lanes to the center lane the moment I could, and was almost successful without incident, but I was 1 or 2 feet(left to right wise) from being able to and impacted the front right of my car with the rear left of the car in front of me.



During this time I was now fully applying my breaks, and could hear my tires skidding. I was focused primarily on the car in front of me and tried my best to avoid any collision while attempting to change lanes and to reduce damage when it was proven impossible.



Prior to colliding with the vehicle in front of me, I was focused on my car and the one I had collided with, so I do not have a license plate, nor the ability to call this driver in as a witness. The sudden interference of a car going well beyond my speed from behind me, that was not willing to respect my lane change caused me to be unable to adjust my Assured clear distance ahead to the proper amount within the short amount of time I had in order to make this correction.



If I had changed lanes ignoring the black car, we could have collided and could have possibly spun out because he was at 65-75mph and I was at roughly 50mph initially. The speed at which I collided with the car in front of me was ~5-10mph. The time at which the car was assing me and I collided with the car in front of me was within 5-7 seconds in total if I were to estimate, however given the situation my estimates of time could be off slightly.



End Defense



Also...

is there anything that would apply to the sudden shiddyness of this A-hole doing what he did to cut my Assured clear distance ahead in half and change the situation for me so suddenly?



You can tell by the damage that I was paying attention and demonstrating good driving, I was paying attention to my surroundings, and I was giving proper distances... It's just so shiddy...



Ohio Law 2133.03 (A)

(A) No person shall operate a motor vehicle at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface and width of the street or highway, and any other conditions, and no person shall drive any motor vehicle in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.





Following Too Closely: Failure to Stop Within the Assured Clear Distance Ahead, O.R.C. 2133.03

Police Conduct: Were My Civil Rights Violated

jeudi 25 décembre 2014

My question involves police conduct in the State of: california A MONTH AGO I CAME HOME FROM SHOPING AT A TRIFT STORE WITCH BY THE WAY IS HOW I MAKE MY LIVING I SELL THINGS I HAVE BOUGHT AT THRIFT STORES ON EBAY. WHEN I CAME AROUND THE CORNOR THERE WAS ABOUT 10 POLICE OFFICER AT MY HOUSE. WHEN THEY SEEN ME THEY ASK IF I WAS GARY AND I SAID YES. AT THAT POINT THEY RUSHED ME AND PUSHED ME ON THE GROUND AND DETAINED ME.THEN THEY WENT THROUGH MY BAGS AND MY POCKETS. AND TOLD ME TO SIT ON THE GROUND IN THE MIDDLE OF MY COMPLEX WITH ALL MY NEIGHBORS WATCHING WHEN I ASK WHAT IT WAS ALL ABOUT THEY TOLD ME TO SHUT UP AND I WILL FIND OUT WHEN THE LEAD OFFICER ARRIVED. IT TOOK THE HEAD POLICE OFFICER ABOUT 45MIN TO ARRIVE. DURING THAT TIME I ASK MANY TIMES WHAT WAS GOING ON. ONLY TO GET THE SAME RESPOSE. MEANWHILE IM SITTING IN THE MIDDLE OF THE ROAD WITH MY HANDS CUFT EVERYTHING I HAD ON ME DUMPED OUT AROUND ME WITH ALL MY NEIGHBORS LOOKING OUT THERE WINDOWS BECUSE THE COPS TOLD THEM TO STAY INSIDE AND BY THE WAY THEY ALSO BLOCKED OFF ALL ROADS AROUND MY APPARTMENT NOBODY COULD ENTER OR LEAVE FOR OVER 1 1/2 HOURS. WHEN THE COP IN CHARGE GOT THERE I ASK HIM WHAT THE HELL WAS GOING ON HE SAID THEY WERE SEARCHING MY HOUSE AND SAID THEY HAD A WARRENT. BUT HE NEVER SHOWED ME IT. THEN HE SAID YOUR SON IS IN JUVINILE HALL RIGHT. AND I TOLD HIM YES.HE IS 16 AND HE WAS IN THERE FOR NOT FINISHING HIS COMMUNITY SERVICE FROM SOME TROUBLE HE HAD 3 MONTHES BACK. AT THIS POINT HE ASK ME IF HE COULD LOOK THROUGH MY PHONE. SO I TOLD HIM YES. SO HE GAVE MY PHONE TO SOMONE HE CALLED THERE PHONE EXPERT. THEN HE STARTED ASKING ME IF I HAD BEEN TO THE COAST IN THE PAST 6 MONTHS. I TOLD HIM NO. THEN HE TOLD ME I WAS A LIER . AND SAID THEY WERE GOING TO FIND OUT. AT THAT POINT I STARTED TO GET MAD AND I ASK HIM WHY WOULD THEY COME TO MY HOUSE BECUSE I DONT HAVE ANYTHING ON MY REACORD NOT EVEN A SPEEDING TICKET. SO HOW COULD THEY GET A WARRENT ON ME. ANYWAY I NOTICED THEM CARRYING MY LAPTOP SO I ASK WHAT THEY WERE DOING THEY SAID IT WAS STOLEN AND ASK ME HOW LONG I OWNED IT I TOLD THEM 4 MONTHES AND I TOLD THEM THAT I BOUGHT IT OFF A GUY ON CREAIGS LIST AND I TOLD THEM HIS NAME. AND I TOLD THEM I MET HIM AT THE MCDONALDS BY MY HOUSE, I ALSO TOLD THEM THAT WHEN I OPEND IT TO CHECK IT OUT THAT A MESSAGE SAID COMPUTRACE WITH A NUMBER SO I CALLED IT AND THE OPPARATOR TOLD ME THAT NOTHING WAS REPORTED OR SHOWING UP SO IT WAS FINE. I TOOK HER NAME AND INFO THEN I BOUGHT IT. I GAVE THE COMPUTRACE OPPARATORS NAME AND REF NUMBER TO THE OFFICER. AT THAT POINT THEY GAVE ME A RECIPT FOR THE LAPTOP. AND SAID I WAS FREE TO GO STILL NOT TELLING ME WHEY THEY WERE THERE IN THE FIRST PLACE. SO STILL STUND I WALKED INTO MY HOUSE AND IT LOOKED LIKE A BOMB WENT OFF IN IT THEY RIPPED ALL MY EBAY Packages OPEN. AND THROUGH THE STUFF ON THE FLOOR THEY HAD MY DOG PINNED TO THE GROUND ON A 2 INCH ROPE TIED TO MY STOVE. THEY RIPPED EVERY BLIND OFF MY WINDOWS BROKE MY BACK WINDOW. COMPLEATLY TORE MY ROOM APART. DUMMPED ALL THE DRAWERS OUT IN THE INTIRE HOUSE. EVERYTHING IN THE HOUSE WAS NOW LAYING IN ON THE FLOOR. AT THIS POINT I WAS READY TO KILL SOMONE SO I WENT OUTSIDE TO CONFRONT THEM AND THEY WERE ALL GONE IT WAS ONLY ABOUT 4 MIN AND ALL 15 OF THEM WERE GONE AND MY PHONE WAS ALSO GONE. IT WAS NOT ON THE RECIPT. TO THIS DAY I STILL CANT GET THAT BACK EVERY TIME I TRY TO MAKE AN APPOINTMENT YHEY SAY NOONES IN THE EVIDENCE ROOM. IM SURE THEY GOT RID OF THAT SINCE THEY BASICLY STOLD IT FROM ME IN THE FIRST PLACE. AFTER ALL THIS 3 DAYS LATTER I WENT TO THE POLICE STATION AND ASK TO TALK TO THE MASTER SARGENT. WHEN I TOLD HIM I WAS THINKING ABOUT SUING HE TOLD ME THEY HAD A WARRENT SO I ASK TO SEE IT. AND HE SAID HE CULDENT GET IT AT THAT TIME. ANDTHAT THE HEAD DETECTIVE HAD IT. I HAD ANGRY MEMBERS OF MY FAMILY WHO CALLED THEM ASKING WHAT THE HELL THEY WERE DOING. AT FIRST THEY TOLD THEM THEY WERE THERE FOR MY SON. THEN THEY CHANGED THAT AND SAID THEY HAD A WARRENT. THERE HAS BEEN AROUND 100 REQUEST TO SEE THAT WARRENT AND NOBODY HAS SEEN IT YET. I THOUGHT THEY WERE SUPOSSED TO SHOW THAT WHEN THEY COME IN YOUR HOUSE IN THE FIRST PLACE. ALSO MY NEIGHBORS SAID THEY THOUGHT I HAD KILLED SOMONE. THEY CAME IN WITH GUNS DRAWN SCREAMING KICKED IN MY DOOR. I MEAN REALY I NEVER BEEN IN TROUBLE IN MY LIFE MY REACORD IS SPOTLESS MY SON WAS ON PROBATION BUT HE WAS PICKED UP A WEEK EARLIER. THEY KNEW THAT. THEY EVEN TOLD ME THEY KNEW HE WAS STILL IN JUVINILE HALL. AND IF THEY HAD A WARRENT WHAT JUDGE IN HIS RIGHT MIND WOULD SING OFF ON IT KNOWING I NEVER BEEN IN TROUBLE. WAS IT BECUSE I BUY AND SELL STUFF FOR A LIVING ON EBAY ALL I BUY IS CLOTHES WHAT DID THEY HAVE A HOT TIP ON A PAIR OF STOLEN UNDERWARE I BOUGHT IS THAT WHY THEY RIPPED OPEND ALL MY EBAY STUFF NOW HERES MY QUESTION SHOULD I SUE OR SHOULD I LET THEM GET AWAY WITH IT SO THEY CAN DO IT AGAIN TO SOMONE ELSE.





Police Conduct: Were My Civil Rights Violated

Criminal Investigations: What are the Consequences of Confessing to a Crime You Did Not Commit

My question involves criminal law for the state of: P.A.



If you admit to doing a crime you did not do. Are you still liable for that crime in court? I know people who say you are. I want to hear from expertlaw members and tell these people what expertlaw members say.





Criminal Investigations: What are the Consequences of Confessing to a Crime You Did Not Commit

Police Stop My Car - Christmas Song






Police Stop My Car - Christmas Song

Retailers: I Have Not Been Credited for Merchandie Confirmed Returned. Retailer Banned Me

My question involves a consumer law issue in the State of: MI



I wear a leather jacket size 5xlt. The retailer only stocks items under $200. Around, December 1st, The manager suggested if I wanted to try on the "higher-end" jackets which costs over $1000-$4000 then I should place an order online, and them try each one of them at home once they are delivered, and then return all of them but keeping the jacket I like best, if any.



It was "cyber-monday" and they had a 30% off coupon that I applied to these jackets, with free ship and free returns. I have shopping at this retailer for maybe 2 years. Prior to this incident, I might have purchased 12 items at this retailer TOTAL in my entire lifetime. I likely returned half of them the next day, because at my size of 5xlt it's very hard to find a good fit. It's not like I wear these items and return them 90-days later. All the items still had tags.



Well the first jacket they sent me didn't come with an itemized receipt. It only had the packing slip. Plus, it was before the 30% off coupon, so i called their customer service number and they applied 30% after-the-fact. Anyways, when i went to return the jacket in store (it's not fee to mail it back) i was told they had to call headquarters to figure out how much tey owe me since there was no invoice included on their part. I got a refund which turned out to be like $15 extra than what i paid.



Meanwhile, im waiting for my other 3 jackets to arrive before christmas. It's now mid-december just days away from christmas and i still have yet to receive a shipping confirmation that the jackets i ordered on cyber monday were shipped. Keep in mind i had fully paid and also received 3 separate confirmation emails with 3 separate order numbers.



It turns out this national retailer had canceled all 3 of my christmas present WITHOUT having any intention of notfying me that they were canceled (they were all confirmed orders after all). So im steaming mad that they didnt notify me so i could purchase other items for christmas. i call their csr dept who tells me my orders were canceled because of "too many returns" however ,she suggested i could still shop at the local stores just nor purchase online. So at this point apparently im banned from shopping online but i can still shop in the brick-and-mortar stores, but now that all my orders have been canceled they wont order the 30% off anymore.



Im steaming mad and contact my local tv station (i live in top-10 city). They call the retailers headquarters who end up refusing to talk or comment to the tv station, but they insist they "will respond appropriately only to (me!) the buyer"



Fast forward one week and i receive a certified return-receipt letter from their senior VP and general counsel who's making over $1 million per year. It's a strongly-worded threatening letter accusing me of "buying low and returning high" and having inappropriate shopping behavior. Whatever that means.



Even when we shop at other retailers like Kohl's, they know EXACTLY how much you spent, the coupons and discounts you used, so when you return it's already deducted. Im not responsible to be this retailers financial analyst or book keeper, esp. when they didnt send an itemized receipt and just a packing slip. To make a long story short, it says im banned from all their affiliates, and if i call anyone in their call center, or visit any store, then im harassing and threatening them. They also say they wont honor any returns or orders from me.



Now they have my jacket(the second jacket) which i returned and they have my money. I already shipped back and returned the jackt to the local store, and the manager mailed it back to headquarters assuring i will get a refund in full. The bottom line is all I have a written email confirmation that says they received my return and agree to refund the full price of the jacket. And then one day later I receive the letter from General Counsel and Senior VP accusing me of returning stuff with no receipts and saying they will not honor any returns.



The bottom line is all I did was follow their own managers suggestion which was to purchase these 5 high-end jackets online and then return them, and now i get banned!! And im also screwed out of a refund which they agreed and admit they received merchandise i returned..



I think they made up this story so i stop going to the tv station.

ALL i wanted in the first place was just an apology for them canceling all my confirmed and paid-for christmas gifts, and instead i get banned and have no jacket AND NO REFUND. AND FALSELY ACCUSED OF RETAIL THEFT.



I know they can ban whomever they want, but now they have my jacket and my money. All i have is an email saying they received my jacket and agree to refund the full amount, and then a letter the following day stating im banned.



How do i get my refund credit?





Retailers: I Have Not Been Credited for Merchandie Confirmed Returned. Retailer Banned Me

Criminal Records: Domestic Violence/ Gun Rights

My question involves criminal records for the state of: Nevada



I was convicted of misdemeanor domestic violence in Henderson, Nevada in 1993. I consulted with four licensed attorney on this matter. Attorney 1 said he could get my firearm right restored with a simple record sealing he said it was application of the law. Attorney 2 said he could get record sealed but still would not able to not have firearms right restored. Attorney 3 said I would have to apply for a pardon. Attorney 4 said since the State of Nevada did not take away my rights, I would be banned for life. I hope you understand my confusion. Please advise if possible. Thank you Paul





Criminal Records: Domestic Violence/ Gun Rights

Initiation of Charges Federal vs. State Juridiction in Regards to "Sexting"-Esque Cp

My question involves criminal law for the state of: Texas

*(I don't know if this is necessary, but just in case. Please assume the situation below is hypothetical.)

I am a 16 year old in the state of Texas. I understand that child pornography charges in the State sense do not apply in my case (both parties were aged 16). However, I do not believe federal law has such a clause. My question is this: How does it become decided whether to charge aminor under state or federal jurisdiction? Also, what is the likelihood of me being charged if I have no documentation(meaning no pictures or videos taken, as this was on an Omegle type chat site)? If any of you could help I would be so grateful, because I have been freaking out about whether or not I have potentially ruined my life with a sex offender label.

Thank You so Much for Any Help You May Give

Have a Very Merry Christmas!





Initiation of Charges Federal vs. State Juridiction in Regards to "Sexting"-Esque Cp

Online Services: Chargeback Issue for Domain Name

Hi,



I'm writing this in regards to a chargeback situation for a domain name.



I've been a customer for one of the reputable domain name registrar for many years now, having registered and renewed many many domain names over the years.



Recently I got an email from my registrar, where they claimed a chargeback was issued against a payment I had made to them for a renewal of a domain name and they threatened I should pay them $210.84 within 48hrs or they would suspend my account.



I had never claimed a chargeback, so I had no idea where this came from and they blocked access to my account meaning I could not manage or renew my domain names. The bank on the other hand has been too slow in responding to details of where the chargeback came from and finally the domain registrar changed the NS info for each of the domain names in my account meaning that all web sites and email for all the domains is now down.



My question here is


  • The domain registrar has the control of your domain name in their hands and can suspend your domain or change the NS info, so they can do anything they want?

  • I have about 7 domain names registered through this registrar, and while this chargeback issue is in regards to ONE domain, they have locked ALL the domain names, bringing all my operations to a stand




The registrar refuses to answer my questions - they just keep refering me to their T&C clause about chargebacks and within this clause is

Quote:




...you agree that we may suspend access to any and all accounts you have with us...



"suspend access to " - Does this sound like changing the NS info for all domains in the account?

  • I ask them why they have locked ALL my domains, they don't answer.

  • My credit card statement shows no chargeback. When I ask the registrar if they refunded the money to the chargeback claim, they don't answer.

  • When I insist on the question of why they've blocked ALL my domain names, they tell me


    Quote:




    Chargeback issues are considered in association with the account in whole, not with a separate service.







Who is there to protect the rights of us customers?



WE are the ones who pay for the domain name, yet we have no control in such situations?



At the end of the day, who is making the domain name industry move - registrar's or buyers?



Even before any investigation is made as to the origination or validity of a chargeback, a domain name registrar is threatening to suspend services unless we pay penalties, and we as buyers are fearing that our web sites and email will go down, so we quickly end up paying the penalty.



In the event of any dispute, does a buyer not have the right to request a chargeback? OK dear buyer, you can do a chargeback in the event of a dispute, but mind you it's going to cost you an arm and a leg and losses, so your cheaper option is just to forget the dispute and let the registrar or bank keep the money. Is THIS the value of a customer, while we have always been taught that "customer is king" big joke!!!



So who is there to protect the rights of the customer?





Online Services: Chargeback Issue for Domain Name