LegalwriterOne

Members
  • Content count

    6,123
  • Joined

  • Last visited

  • Days Won

    10

Everything posted by LegalwriterOne

  1. 59:13-6. Notice of late claim A claimant who fails to file notice of his claim within 90 days as provided in section 6 of this chapter, may, in the discretion of a judge of the Superior Court of the State of New Jersey, be permitted to file such notice at any time within 1 year after the accrual of his claim provided that the State has not been substantially prejudiced thereby. Application to a judge of the superior court for permission to file a late notice of claim shall be made upon motion based upon affidavits setting forth sufficient reason for the failure to file his notice of claim within the period of time prescribed by section 6 of this chapter. The court doesn't have the power to give you more time than the statute allows.
  2. Alabama doesn't allow adult convictions to be expunged.
  3. 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.
  4. There is no "we" here. This is your mom's issue. She made the agreement.
  5. 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.
  6. 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.
  7. 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.
  8. 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...
  9. 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....
  10. Is this the child of a marriage? Is there court ordered custody and visitation?
  11. 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.
  12. 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 https://www.fbi.gov/services/cjis/identity-history-summary-checks
  13. 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.
  14. 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.
  15. That is exactly what you should be asking your attorney.
  16. 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.
  17. First, while you clearly have a relationship with the child, there is no "we" here. It's your girlfriend's child and another man is the legal father. Second, child support is for the child. No, she should not send it back. She can put in the bank in a trust account for him if she doesn't want to spend it. Third, if he wants visitation, he has to go to court and ask for it. Child support and visitation are two different things. Paying doesn't mean you automatically have the right to visit and not paying doesn't mean you don't get visits if they are court ordered. Fourth, since this man has never even seen this child and made no effort to, he's not going to get custody and if he actually seeks court ordered visitation, mom could pretty easily get that visitation ordered as supervised for a significant period of time. I seriously doubt dad will go that route since he'd have to travel which means making an effort he so far has demonstrated he isn't willing to make. Lastly, if the two of you want to terminate his rights, that can only happen with a step-parent adoption. So, you have to get married first, be married for at least a year and then seek the assistance of counsel for a termination and step-parent adoption. Consult local counsel.
  18. Absent court action declaring dad the legal father and giving him visitation rights (along with an order for him to pay support), mom has full custody of the child and full control over who visits and when. It's insane for dad to suggest driving a 5 week old preemie 2 hours anywhere--4 hours round trip, especially without the mother. At this point in time, she can just say no. She needs to go to court and get custody/visitation and support established. It's likely that the court would order joint legal custody but physical custody with mom and dad gets visits. She needs to consult a local attorney to protect herself and the child.
  19. You were in possession of a stolen check, probably with a forged signature that you tried to pass. While you may be just a patsy, there's no guarantee the cops will believe your story. You need to get an attorney, NOW. If they arrest you, don't say anything but "I want a lawyer."
  20. So is "they" the other person on the title? Who's name is on the loan? Yours or theirs? The lien simply means that the car is the collateral for the loan. It doesn't grant superior rights to the vehicle.
  21. No, you can't be arrested for repairing a car that is yours. You also can't steal a car that is yours.
  22. There's absolutely no guarantee that you can regain custody once you return to the US.
  23. The standard is best interests of the child. At 14, she can tell the judge what her preference is and why but the court is not obligated to do what she wants.
  24. That he was suspended is a fact outside the record of the conviction and can only be raised via habeas petition, not an appeal. The only thing that can be appealed after a guilty plea is the sentence and then only if it 1)wasn't a negotiated sentence or 2) the time imposed was greater than allowed by law.