LegalwriterOne

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Everything posted by LegalwriterOne

  1. After you're picked up on the warrant, the arresting state notifies the state that issued the warrant. That state then must send what's called a governor's warrant indicating that they wish to have the defendant extradited and they intend to come get him. If there hasn't been a hearing before the 24th, then that hearing is likely to determine if the defendant waives extradition. If he doesn't, then there will be another hearing if the governor's warrant hasn't been received yet. When they get that warrant there will be a hearing to determine if the defendant is the person named in the warrant. If they don't get a governor's warrant or get notice that the other state doesn't wish to extradite, they will ultimately release the defendant BUT that doesn't take care of the warrant OR the underlying charges. He can still get picked up on the warrant every time he's contacted by police and repeat the process ad infinitem. The ONLY way to clear the warrant is to surrender to the issuing court. There is no statute of limitations on a warrant.
  2. It was completely unnecessary to make that comment.
  3. No OK attorneys are currently on these boards. I can tell you that according to OK statute §21-1436, punishment for a 2d degree burglary is not more than 7 years and not less than 2 years in prison. If you don't have an attorney, get one. If you do, take to them about potential outcomes.
  4. The insurance company is never going to pay more than its policy limit. Any amount over that you have to get from the driver.
  5. No. You have to prove that there was a duty of care and a breach of that duty. That she didn't answer the complaint or show up in court doesn't establish she owes you anything. As I stated above, time to start studying.
  6. You didn't plead your facts properly so the judge couldn't enter a default. You will have to set the matter for a court trial and make sure notice is sent to the defendant of that trial date. At the trial, even if the defendant doesn't show up, you will have to prove your case with admissible evidence which means you can't just submit the police report because it is hearsay. I'd suggest you do some studying. You still have not said if your son is a minor or not. If he an adult, he will have to appear. You cannot represent him at trial in that situation.
  7. I'd suggest rather than going off the deep end on this that you talk to your daughter and the young man. The age of consent in Ohio is 16 so you can choose to impart wisdom or over-react.
  8. https://www.ussc.gov/guidelines/2016-guidelines-manual
  9. Did the other side consent in writing to electronic service? When I said pick your battles, I meant don't argue every little thing. You lose credibility when you do that and arguing about this isn't going to win the case for you. Your motion or whatever it is won't be heard unless the other side has everything. The court will continue the matter if they say they didn't get it. Everybody knows in a government office, things get misplaced. The way to expedite it is to just send it again and ask that they confirm that they received it. OR, better yet, call the attorney of record, get the fax number and send by fax where you get a solid piece of paper that says they got it.
  10. It's not weight, it's volume. If they say they didn't get it, send it again. If they're still claiming a problem, get their fax number and send it by fax. Pick your battles.
  11. A lawyer is not going to contact you from these boards and the rules prohibit recommendations. There's a find a lawyer section at the top of the page you can utilize to search for an attorney. If the state's attorney general is not taking action, you can notify the FBI to look into it.
  12. When you are 18 and living on your own, you can petition to be appointed your sister's guardian. In all honesty, it's highly unlikely the court will grant it. First, you'd have to establish that you can support her before you file the petition which means putting off further schooling now and for a very long time. You will have to find a place to live that would accommodate the addition of pre-teen in an appropriate school district if it will be different than where she attends now. Your boyfriend will be investigated. Lastly, our parents will obviously object and there will have to be a contested hearing where the court could appoint them counsel while you have to obtain your own. Think long and hard because 1) raising a child is not a part-time job and 2) the rift this action will cause between you and your family may be irrevocable. Consult a local attorney.
  13. Before you can sue, you must file a claim with the particular agency you are seeking to in compliance with the federal tort claims act. Failure to timely file the claim forever bars any legal action. Consult an attorney.
  14. Yes, the cops have to and will investigate. BUT for purposes of answering the question asked, it's best not to speculate or guess or go off on tangential theories. The simple answer is: as the facts are presented, NO, there's no probable cause to arrest, let alone charge the guy.
  15. But it's not illegal. Recently a college professor tweeted what some considered an offensive post. They reported him to the administration and he was fired. It's not illegal to report social media posts to an employer or anyone else.
  16. How could he be an accomplice when the gun was put to his head first? That the perpetrator decided to shoot your cousin instead of the friend doesn't make him an accomplice. Shooting in the direction the guy ran after the fact doesn't make him an accomplice and if the shooter was on foot, the friend couldn't be sure the guy was gone. Yes putting the gun back where he found it is a bit odd but unless the ballistics match the bullet that kill your cousin, it was just that-odd and that doesn't make him an accomplice.
  17. It's a crime in PA. Report it to the police, not his PO. With a prior conviction, he may be charged with a felony and do prison time. DON'T WAIT!
  18. If he's violating the order, go tell the cops.
  19. Were you trying to sue the driver's insurance company? If that's the case, they were dismissed out because their duty is only to their insured. That is whom they have contracted to cover. If you win against the driver, his insurance will pay but you can't sue them because they don't owe you anything until the court says the driver owes
  20. You need a probate/estate attorney licensed in CA and it's best to get one close to the location where the court is. You had a right to 1/2 share of your father's estate. You don't have to wait for your step-mother to pass in order to clam your share of his estate. Technically, you aren't entitled to anything from your step-mother's estate. Get a lawyer.
  21. Was the office he went to the same court where the offense was handled? If not, that's where he needs to go. There is no statute of limitations on fines from a criminal conviction but if he was put on probation at the time and probation was terminated without the court noticing that the fines weren's paid, they may not be able to collect them now. He needs to go to the appropriate courthouse to find out. If it's online, somebody has the records.
  22. Contact the court directly and speak with the clerk. I'm not in TX but it seems odd that an attorney would be collecting for the court so I'd check it out first.
  23. Stop stressing about all that stuff now and concentrate on having a healthy baby. First, in order for him to even seek visits, he will have to go to court and have himself declared the father. That means he's also going to be ordered to pay child support. The court is NOT going to simply hand over a newborn to a dad and with the baby breatfeeding, visits should be supervised at you home or somewhere where you feel comfortable. If he wants overnight visits later, you can address that and make it so he stays locally at least until the child is old enough to talk. You don't have to let him remove the child from the state for visits and you can ask the court to order a home evaluation so someone will see where he intends to live with the child during visits.
  24. You can't appeal it at this point. You might be able to refile the suit but it depends upon why it was dismissed, what the court actually stated as the basis for the dismissal and whether it was with or without prejudice. You really need to consult an attorney.
  25. Did the letter cite a statute or rule of court?