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a shameful boehner posted:Thank you! I've made my friend aware of those two links so they know to reach out. Yes, this person is a Canadian citizen. What is a redress number? also not a lawyer google brought me to http://www.dhs.gov/files/programs/gc_1169676919316.shtm which looks like it might fit fairly close to your situation.
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Sep 29, 2011 01:02
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I have a question about landlord/tenant law stuff. The state is California. My boyfriend's dad has been renting the same house for 25 years. He's never been late on rent, caused any problems, or otherwise known about any issues with the landlords. A few days ago, he sent an email to the landlord requesting that they deal with some maintenance issues that probably should have been fixed years ago (one example is that the back door doesn't really close). He got a reply telling him that it sounded like he wasn't happy, so he should probably move. Today he got a notice to quit in the mail. It seems to me that this is clearly retaliatory. However, I don't know anything about law and whether or not that is against it. Can anybody offer any insight? If he wanted to fight this, would he have any legal leg to stand on? Thanks.
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Sep 30, 2011 03:39
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Loopyface posted:They're looking for illegal drugs, not Adderall. But, if you're really worried, bring your prescription to the test. The fact that you're on ADHD medicine should not be relevant or released to your prospective employer. This is not all true. A controlled substance becomes illegal when you don't have a valid prescription for it. They aren't just looking for street drugs when they test you, because people abuse prescription drugs all the time. Adderall is an amphetamine, so it's gonna pop on a UA.
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Sep 30, 2011 03:57
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erobadapazzi posted:I have a question about landlord/tenant law stuff. The state is California. Some quick googling found this page by the state of CA that covers this issue. I'm going under the assumption that this is a month to month lease, meaning that there is no written contract that enforces a specific term the lease is for. If he wants to fight it, here is how. Have him write a letter to the landlord, explaining that he feels that the notice given to vacate was retaliatory. State that if he does not give a good non-retaliatory reason for termination of the month-to-month lease, he will not move out. Include printed copies of the e-mails, and send the letter certified mail with a return receipt. At this point the landlord will have to evict him to get him out. If the landlord decides to go ahead, he will sue. At this point I highly recommend getting some professional legal aid. The tenant will have to file a response with the court, and there will be a hearing. Since the tenant can provide evidence that he complained to the landlord and got the notice shortly afterwards, the landlord will have to provide another reason to evict him. Keep in mind that these procedures may be more trouble then they are worth, since even if he wins, he will have a hostile relationship with his landlord. There really isn't any way he can stay there long term if there is no lease and the landlord wants him out.
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Sep 30, 2011 08:28
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It's also worth noting that various cities also have stricter landlord/tenant laws (Los Angeles, for example, adds a ton of laws in favor of tenants). Look into those in your dad's city as well.
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Sep 30, 2011 13:09
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Thanks for the replies. You're correct that there is no lease. Also, we're in LA county but not LA city, so we'll need to look into specific provisions here. I think he's already contacted a lawyer and is waiting to hear back this morning. Luckily he's been looking to move out and buy a home anyway, so the hostile relationship isn't that huge of a deal. He just wants to be able to do it on his time frame (and not be out of the place he's lived in for 25 years in thirty days). I'm thinking the landlord just doesn't really get that she's probably not allowed to do this. Either that, or she's so used to dealing with recent immigrants who don't speak the language (from what I hear, her English isn't great either) or know the laws that she doesn't think anybody will call her on her missteps. I guess we'll just have to see what happens. Thanks again.
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Sep 30, 2011 16:41
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Do the nonviolent protesters in NY who are getting arrested and pepper-sprayed have any effective legal recourse? The video of that officer walking up to some women behind a fence, hosing them down with pepper spray, then just walking away is pretty god drat disturbing. I sincerely hope he ends up in prison, but I have no expectation that will ever happen. Note: Not a protester, have never been arrested.
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Sep 30, 2011 17:51
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Konstantin posted:Some quick googling found this page by the state of CA that covers this issue. I'm going under the assumption that this is a month to month lease, meaning that there is no written contract that enforces a specific term the lease is for. Speaking as someone that's been a landlord, if I were him, I'd just get a free/low cost consultation with a lawyer that deals with that before doing any of that. The lawyer will probably tell him it's easier just to move to a new place. It's also good to remember that when he's applying at other places to rent, he can't just leave off this place he's been at for 25 years. When the place he's applying to calls the other place and hears that while he may have been fine for a long time, he was asked to move out and the landlord was forced to evict him and there was a huge battle. If I was checking references and heard that, I probably wouldn't rent to him based on that risk. I also rented out a nice place, so someplace else might not care as much. It also depends on other factors like if it's a renter's market or not.
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Sep 30, 2011 19:56
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I received a ticket last night in Brooklyn, NY for an open container (not in a vehicle) for twenty five dollars. I misplaced the physical ticket that the officer gave me, how should I go about following up on this without it? My next question is that I have a maryland ID and my permanent address is in Maryland, but I'd like to have any further communication about my ticket sent to my Brooklyn residence, how do I give them that? Thank you for your help. Captain Calamity fucked around with this message at 21:43 on Sep 30, 2011 |
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Sep 30, 2011 21:07
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I really need someone who's well-versed in legal lingo to help me with the headache of courtroom processes. My girlfriend and I are looking to get our first apartment together. When we filled out our applications, everything was looking promising until a criminal background check came back positive for her (not me! I know, right!?). Well, the particular crime is burglary, and she's told me that when this happened, she was given the option to take a plea bargain, that the felony would be bumped down to a misdemeanor, and that the misdemeanor would be erased from her record after a year without any other issues. Well, it turns out that this background check still reads the offense as a felony, and we were denied the apartment lease. She also has not received paper work for this. At this point, I'm face palming my eyes out. I'm not looking for a lesson on my choices in women. I just need to know how to work this all out so I can have an apartment with my ex-convict girlfriend. If there is anyone that can help me simplify this process and find out what to do, what it will cost, etc. I can discuss these matters with her and we can organize a plan to assess the situation. Thanks for your time! This is in Delaware by the way Fiction D fucked around with this message at 21:28 on Sep 30, 2011 |
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Sep 30, 2011 21:25
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Fiction D posted:I really need someone who's well-versed in legal lingo to help me with the headache of courtroom processes. Assuming that she wasn't just offered that option but that she actually took it and followed through with it and completed it... She needs to call her attorney for the burglary case and ask the questions you've asked. Failing that, she should call the court clerk of the court where she took care of the burglary case and ask them to send her a certified copy of a document verifying that the case was reduced to a misdemeanor and dismissed. If it's close, go in person. Show the verification to the apartment people. Depending on what what actually happened with the case, there will be different steps to take to make sure this doesn't happen again.
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Sep 30, 2011 22:00
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joat mon posted:Assuming that she wasn't just offered that option but that she actually took it and followed through with it and completed it... This sounds good. I relayed the message to her. I just don't understand why she was never offered the plea bargain documentation by her lawyer. My guess is he wanted to squeeze more money out of her for additional legal advice? In that case, it's really ridiculous. I was also thinking that she may need to sign the document verifying that the one-year correctional period has elapsed and then the process can start for expungement.
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Sep 30, 2011 22:35
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Fiction D posted:This sounds good. I relayed the message to her. I just don't understand why she was never offered the plea bargain documentation by her lawyer. My guess is he wanted to squeeze more money out of her for additional legal advice? In that case, it's really ridiculous. Basically, if you completed probation without a violation, you pretty much get it automatically. They have paperwork at every courthouse. I don't know what it is called in DE, but I'm sure something like that exists. She should go down to the criminal clerk's office (at the courthouse she suffered the conviction) and see if there is a form. If there is a form readily available, that's a good sign that pro per isn't a terrible idea. If not, or if she can't figure it out, this will probably take two billable hours or so, so it won't cost more than a few hundred bucks if you hire a lawyer.
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Sep 30, 2011 23:04
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I'm in Texas. I was at the dentist office and needed a crown. I asked them if I would be over my insurance max limit, and he said no. Later, I find out I was over and was billed an extra $400. I talked to the dentist and he told me that when he talked to the insurance company, they gave the dentist the wrong amount of benefits remaining. When I contacted my insurance company, they said it was my fault for not being proactive about my benefits. It seems ridiculous because I came in not expecting to have such expensive treatment and I trusted my dentist's judgment. Am I boned or is there any recourse?
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Oct 1, 2011 02:22
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nm posted:Here in California at least, getting what we call 1203.4 relief (which is bumping to a misdo and dismissing) is something done pro per (without a lawyer) all the time. Thanks for the advice.  We'll look into it!
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Oct 1, 2011 02:27
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Fiction D posted:This sounds good. I relayed the message to her. I just don't understand why she was never offered the plea bargain documentation by her lawyer. My guess is he wanted to squeeze more money out of her for additional legal advice? In that case, it's really ridiculous. Here is Delaware's page for expungements. Section 1025 of Title 10 is the statute. (about 1/2 way down the page)
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Oct 1, 2011 03:25
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octobernight posted:I'm in Texas. I was at the dentist office and needed a crown. I asked them if I would be over my insurance max limit, and he said no. Later, I find out I was over and was billed an extra $400. I talked to the dentist and he told me that when he talked to the insurance company, they gave the dentist the wrong amount of benefits remaining. When I contacted my insurance company, they said it was my fault for not being proactive about my benefits. It seems ridiculous because I came in not expecting to have such expensive treatment and I trusted my dentist's judgment. Am I boned or is there any recourse? You are boned. The dentist is not your insurance agent.
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Oct 1, 2011 03:47
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Solomon Grundy posted:You are boned. The dentist is not your insurance agent. Thanks, I figured as much. I just hope the dentist can track down the insurance person they talked to. It's such a dumb mistake to not give the correct amount of benefits left over.
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Oct 1, 2011 04:53
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octobernight posted:Thanks, I figured as much. I just hope the dentist can track down the insurance person they talked to. It's such a dumb mistake to not give the correct amount of benefits left over. You and your dentist did what is known as a verification of benefits. A verification of benefits is not a guarantee of coverage by your insurance company.
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Oct 1, 2011 07:16
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This is in Toronto Ontario. In June of 2010 I was a witness to a murder. I was brought in that night for questioning, gave a video and audio recorded interview and then driven home 5 hoursish later. A couple days later the suspect was caught and I was brought in to do a photo lineup. That was the last I was contacted until Thursday afternoon when a police officer called me informing me that I needed to pick up a document ASAP because I was needed to be a witness on Monday the 3rd (4 loving days?). I picked up the document this afternoon and it says that I need to be at the courthouse on Monday at 10 am and will be called that day (hopefully) to the witness stand. The subpoena was from Sept 15th and I dunno why it took them so long to track me down, as they had all my information like current address, phone number, where I go to school etc. but whatever that doesn't really matter. So what exactly happens on Monday? The only sort of experience I have when it comes to a courtroom is bad Canadian tv. I also don't really remember the details as clearly as I thought I did a year and a half ago. It was traumatizing as gently caress and I do my best not to think about it so everything is a little hazy other than a couple of really distinct sounds. If my testimony at trial doesn't match my interview then what? I have a number for a detective to contact if I have questions, but she never got back to me after I had called late this afternoon and I don't really know any lawyers in the city that could advise me. I'm sure I won't have much of a problem on Monday but I'm a little anxious as I thought if this ever came up I'd have more than 3 days to get my poo poo together and face this again. Anyway, any advice would be super helpful. Thanks.
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Oct 1, 2011 09:07
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Need some help here. While driving, I entered an intersection during a yellow light. It turned red while I was going through it and a camera took my photo and I was cited a $300.00 ticket. Is there any way I can fight this? If it helps, it was in Salem, Oregon.
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Oct 1, 2011 09:13
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Chronos13 posted:Need some help here. While driving, I entered an intersection during a yellow light. It turned red while I was going through it and a camera took my photo and I was cited a $300.00 ticket. Is there any way I can fight this? If it helps, it was in Salem, Oregon. What would your defense be? That you don't want to pay the ticket?
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Oct 1, 2011 09:29
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I'm 90% sure in Oregon if it turns red while you're in the intersection, it's considered running a red. It is in my part of Oregon, but I have no idea if it's state or county or what.
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Oct 1, 2011 11:19
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Chronos13 posted:Need some help here. While driving, I entered an intersection during a yellow light. It turned red while I was going through it and a camera took my photo and I was cited a $300.00 ticket. Is there any way I can fight this? If it helps, it was in Salem, Oregon. Reading statute 811.265 sounds like you aren't supposed to enter the intersection during a yellow light.
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Oct 1, 2011 17:05
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I thought that having entered the intersection on a yellow light might serve as some sort of defense but it sounds like it won't be viable. What the gently caress is the point of a yellow light if you get punished as if it were red?
Chronos13 fucked around with this message at 17:54 on Oct 1, 2011 |
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Oct 1, 2011 17:50
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Chronos13 posted:I thought that having entered the intersection on a yellow light might serve as some sort of defense but it sounds like it won't be viable. What the gently caress is the point of a yellow light if you get punished as if it were red? It's to provide a time lag for people to clear the intersection safely before allowing traffic on from other directions, not for people like you to treat it like a green.
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Oct 1, 2011 17:59
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Alchenar posted:It's to provide a time lag for people to clear the intersection safely before allowing traffic on from other directions, not for people like you to treat it like a green.
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Oct 1, 2011 18:12
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Mr.Showtime posted:This is in Toronto Ontario. What you need to determine is if you've been subpoenaed for the start of the trial or for the day that they expect you to testify. Call the detective and say you want to talk to the attorney. Just tell them that you have some questions about testifying. Quite frankly, the fact that the prosecutor has not spoken to you indicates some serious unprofessionalism. Expect to wait around for a long time: Hours to days. Bring a book. Ask the prosecutor about telephone standby. Expect to be crossed on everything bad you've ever done. Ever been arrested? It may come up. Note that it is not uncommon for witnesses in serious cases to have an attorney. If you have anything pending at all, you need a lawyer and in the US, you'd probably be entitled to one if you ask. In California you'd be entitled to witness fees for your transport costs and maybe for your time. Can't hurt to ask.
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Oct 1, 2011 19:03
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Mr.Showtime posted:This is in Toronto Ontario. In addition to what nm said, Try calling the prosecutors office monday morning. It's really lovely that they gave you this little notice, but in my office we have a paralegal standing by specifically to field calls during big trials like this. Heck someone is p probably there this weekend. When you show up to court, expect everyone to be running late so bring a book. When you take the stand, you will just be asked questions. Answer them as best you can, but as a lay person, nobody is expecting you to be completely nerve free. Relax, it will be fine. If you don't remember something as well as you did during that initial interview, don't worry. Just say you don't remember since it was such a long time ago. Also they should really have let youreview the interview, or at least called you to prep you. Now that I type this out, I think you may not be testifying at trial, but at some pretrial hearing or sentencing or something. BigHead fucked around with this message at 19:12 on Oct 1, 2011 |
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Oct 1, 2011 19:09
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nm posted:I'm a criminal defense attorney in California, so this may not apply. He's in Canada. It's entirely possible that the prosecuter contacting him would be unprofessional conduct. Certainly in the UK anything close to coaching would be grounds for a mistrial and professional misconduct charges.
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Oct 1, 2011 19:55
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Mr.Showtime posted:This is in Toronto Ontario. Call the Crown's office, they should have a witness coordinator for you to speak to who can you give you a breakdown on the logistics of when and where you need to be and what will be expected of you hypocrite lecteur fucked around with this message at 21:44 on Oct 1, 2011 |
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Oct 1, 2011 21:41
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uG posted:So why don't they just turn the drat light red a second earlier and have reds in both directions for an extra second? In this situation there is literally no difference between a red and yellow light besides their color spectrum and position on the light itself. I can't count the number of times i've almost been creamed because I had to stop hard at a yellow to avoid such non sense tickets. There is a difference: on yellow you can leave the intersection but shouldn't enter it if you can safely stop, on red you shouldn't be in the intersection at all. This is the legal thread not the driver's ed thread, but to avoid the situation you describe you should be slowing down a little before lights to give yourself time to stop if they change, and then speeding up again once you're close enough to the intersection that you're committed to going through.
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Oct 2, 2011 03:24
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So... mind if I jump in here? I posted this in the Ask/Tell thread about debt collections and it was suggested I post in the legal questions thread. I could use a bit of legal advice if anyone would be so kind. I think I'm about to be sued in NY by a collections/firm type place; I (stupidly) ignored the dunning letters I received before I had a look at this thread, and now I'm at the point where if they're going to sue me, I'm going to have to pay them anyway, so might as well gently caress around and learn stuff, right? Anyway, long story short -- I came home to find a summons-looking thing taped to my door, and the next day received another in the mail. I checked down at the city court and sure enough, it looks like I'm in the system there and so I'll need to file an answer, I guess. A couple questions about the best way to proceed from here. And I know that you are not my lawyer and any suggestions you give does not constitute legal advice. But I figured I could use at least a little help: 1) It's too late for debt verification at this point, right? What might I have screwed myself out of? Victory? 2) The city court has a form I can fill out for my answer, with the first "reason" being a general/generic disagreement. Should I just go that route, or should I be more specific in my Answer? I don't really know what I'm doing, but I have noticed a few little things. Should I bother nit-picking the following: 2a) It doesn't look like the process server filed an Affidavit of Service, which is apparently something that should happen, right? The only thing I saw when I looked myself up at the courthouse was the original complaint. Is this, therefore, Improper Service, and can/should I request a dismissal? Is it even worth going down this road? 2b) I have two documents from them demanding two different amounts (one, dated the day before I received the summons and which is a few hundred more than what the summons demands). Does this constitute Incorrect Amount? 3) Is a graduated denial worthwhile at all? Will this still allow me to guide this mess toward arbitration? That seems like the way I might want to go since the amount owed is not really that large. Or will it just annoy the clerks or something? Jinkeez fucked around with this message at 05:59 on Oct 2, 2011 |
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Oct 2, 2011 05:56
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Captain Calamity posted:I received a ticket last night in Brooklyn, NY for an open container (not in a vehicle) for twenty five dollars. I misplaced the physical ticket that the officer gave me, how should I go about following up on this without it? My next question is that I have a maryland ID and my permanent address is in Maryland, but I'd like to have any further communication about my ticket sent to my Brooklyn residence, how do I give them that? Your best bet is to stop by the precinct where you were issued the ticket and see if you can get a copy of it. You can pay the $25 fine without appearing in court. The details are here: http://www.nycourts.gov/courts/nyc/criminal/specialprojects.shtml
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Oct 2, 2011 16:03
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I live in Chicago and have always thought that you could get a DUI while on a bicycle, either under the DUI law or a separate BUI or something similar. In fact, a friend of mine told me his roommate got one less than three years ago here. However, yesterday a friend told me about People v. Schaefer, 654 N.E.2d 267, 274 Ill.App.3d 450, 210 Ill.Dec. 968 (2nd Dist. 1995) which says that bikes aren't vehicles and thus aren't subject to the state DUI statute. Sadly, I can't find the case itself on anything public like Findlaw, so is there a chance of someone looking it up in Westlaw/Lexis and telling me if it's still valid? I've also looked through the Chicago/Cook County codes and can't find anything there about a separate bicycling under the influence. A bunch of blogs say that Schaefer's still good law but there's no way I'm going to believe them.
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Oct 3, 2011 01:22
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mastershakeman posted:I live in Chicago and have always thought that you could get a DUI while on a bicycle, either under the DUI law or a separate BUI or something similar. In fact, a friend of mine told me his roommate got one less than three years ago here. Here's the last paragraph: quote:The threat of an intoxicated bicyclist is somewhat less imposing than the threat of an intoxicated driver of a vehicle. This is attributable to the greater force, weight, and speed of a vehicle. Nevertheless, bicyclists who drive under the influence of alcohol pose some threat to the public safety. Even so, the statutes as they are written do not criminalize the behavior of a bicyclist who is driving while under the influence of alcohol. To hold otherwise would be tantamount to raising "legitimate doubts as to the constitutional validity" of the relevant statutory provisions. Scheib, 76 Ill. 2d at 252. It is a 1995 case, but it appears to still be good.
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Oct 3, 2011 13:09
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This is really stupid, and I'm not even sure it goes here, but... About 3 times a week, the local paper delivers a huge advertising section to every house in town (apparently). I don't really like getting it - it's not a huge deal, but it's a crapload of stuff that I just recycle, and it piles up like crazy when we go away. This morning I saw the delivery guy coming and politely asked him if he could just stop delivering it to my house. He said he wouldn't. After a few more words, he basically told me to gently caress off and stormed away. I happened to be sitting at our front window when he came back down the street on the other side. He crossed over, did something to my car, then hurried back to his car and drove off. It took me a few seconds to put my daughter in her playpen and get out to my car, but he definitely keyed it all along the side. I called the police and they came out and took a report, etc. But here's my issue: I then called the paper that puts the ads out and told them what their employee had done, and also that I wanted to stop getting the ads. They swore an employee of theirs would never do that and I must be mistaken and that they can't stop delivering the ads because it would be "too hard". They make no exceptions apparently. So, do I have any way to stop delivery? It's basically someone coming by 3 times a week and throwing a bunch of trash on my front porch, as far as I see it. I know it's not really a big deal, but now I especially don't want the loving thing.
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Oct 3, 2011 16:29
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A clusterfuck of a mess but something to ask anyway. My sister-in-law recently died of cancer. She had two kids. She got married to Mike and had two kids we'll call Sara and John. Then she divorced Mike about 2 year later and was on her own with the two kids until she married Joe (2nd and final husband). The two kids lived with my sister-in-law and Joe from the time the youngest one was like 7 years old (they are now teenagers). Once my sister-in-law died, we assumed that Mike would be decent and allow these kids to remain with Joe, stay in their own house, go to their schools, etc. but no, he decided that he wants the 2 kids full time even though he hasn't been part of their lives like Joe has. (Brief back story on Mike - he's 70 years old and has a 25-year old girlfriend who is a golddigger). I assume legally there is nothing that Joe can do to get those kids back since he's not their biological father? The youngest, Sara, is 15 and has hinted at suicide over all this although I don't think she would actually do it. She's just desparate to be in her home, with Joe, and attending HER school. As she said, "I just lost my mother. Why do I have to lose my home, go to a different school, not see my friends, and deal with my biological father who doesn't care about anything but his 25-year-old girlfriend?" jcschick fucked around with this message at 18:06 on Oct 3, 2011 |
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Oct 3, 2011 17:57
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Custody laws are state by state. In some states third-parties (ie not the parent) may have standing for custody if the kids lived with them for significant periods of time or if the court determines they have acted in loco parentis.
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Oct 3, 2011 18:18
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I wish I could figure out what the custody laws are in Pennsylvania but googling it gives me a gazillion loving ads for lawyers and no information.
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Oct 3, 2011 18:37
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