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LegalwriterOne last won the day on April 22

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About LegalwriterOne

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  1. Alabama doesn't allow adult convictions to be expunged.
  2. If your car had been totaled, you'd have gotten $13K for it as the value at the time. They've already paid over $10K and they're offering the difference in the price of repair plus the rental car and the value of the car at the time of the accident for diminished value. Whether or not your insurance company chose to repair vs. total is irrelevant. The insurance company is not going to go by what a local dealer will pay. They will value the vehicle via KBB and it will be either - the private party sale value or what you would pay to purchase the same vehicle from a dealer. The bottom line is the insurance company is not going to agree to pay you more than what the car was worth prior to the accident. You can take it or you can sue the other driver and try and get the money from them.
  3. There is no "we" here. This is your mom's issue. She made the agreement.
  4. You need to go to court to modify custody, visitation and support. If mom lives in CA, you will need her agreement and the court's consent to take the kids out of state. Consult local counsel.
  5. I see an entirely different problem. If you are addressing custody, visitation and/or child support, why do it in a state neither of you will live in? It just creates problems of enforcement down the road if either side wants to modify any part of the order.
  6. First, that is a federal district court interlocutory ruling, dealing with a motion to dismiss. It is NOT a bind legal precedent. Second, it's a civil action which doesn't address the issue you raised, which is basically theft by computer. Your *example* is not comparable. You hacked a system for benefit and that's a crime.
  7. Post where? You start sharing naked pictures of under-aged teens, you're stepping into child pornography. Use a computer or a smartphone and it can be charged as a federal crime...
  8. Well, then he has no legal rights to assert at this time. It takes court action for him to be declared the legal father. You have custody and absent a court order, he has no visitation right to asset either. He only sees her if and when you allow it. I would note that obviously he didn't take you seriously or he would have sent the cops over to check on you....
  9. Is this the child of a marriage? Is there court ordered custody and visitation?
  10. It was more likely reported and you were likely in custody because of your age at the time and the fact that it was robbery charge, which is a violent felony and a strike offense. There's no court procedure to remove the record from the FBI's CJIS. The request has to come from the state. You can contact California Department of Justice Division of California Justice Information Services Bureau of Criminal Identification and Information Record Information and Services Program P.O. Box 903417 Sacramento, CA 94203-4170 (916) 227-3812 (CALNET) 498-3812 about what you can do to get them to notify the FBI to destroy or update the record to reflect a dismissal.
  11. Have you actually ask for a copy of the FBI record or are you just assuming it's on there? It's very uncommon for a juvenile arrest to reported to the feds when the case wasn't adjudicated. You can't *make* the FBI clear it since it is true there was an arrest. I'd suggest that you find out if it has been reported first. See
  12. First, Prop 47 isn't available to reduce a robbery. It's only for non-violent thefts where the value of the property taken is less that $950. Second, it only reduces a charge to a misdemeanor where there was a conviction or an adjudication. You said it was dismissed which I'm assuming means the petition was not sustained. Juvenile court records are not public records and if you had it sealed, the file should be destroyed if the petition was not sustained. You can contact a local criminal defense attorney to look into it.
  13. Is there a reason he can't take the kids the day before you leave? Why not give him an extended visit? The order is the minimum. There's no reason he can't have them for more time.
  14. That is exactly what you should be asking your attorney.
  15. If none of this has been court ordered then 1) he's not obligated to pay support at all and 2) the visits with either child are entirely at your discretion.