RetiredinVA

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RetiredinVA last won the day on October 11

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About RetiredinVA

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  1. Frankly, the lack of punctuation makes it difficult to understand the situation you are describing. The first "sentence" in particular runs on the extent I can't figure out the timing. When did the lease expire? Did the eviction notice say he had been evicted? When? Why did his former(?) roommate call the police? Are you suggesting your brother just showed up at the apartment and said "Hi, I'm back" and the roommate called the police? BTW the police or prosecutor are not required to talk to you unless you are your brother's attorney.
  2. Police officers are allowed to have friends and felons are allowed to have friends. Why in the world would you think a police officer cannot be friends with a felon? Of course it is legal.
  3. Would you like us to construct a hypothetical question and speculate on the possible answers or: Tell us what the actual situation is and let us comment on that?
  4. Sorry. Total brain f..t on my part. They poster was talking about the Miranda warnings and I'm just responding without thinking.
  5. Filing a complaint against the officers for "violating his fourth amendment rights" legally makes no sense. The fourth amendment, as interpreted, says that statements made by a person may not be used against them unless they are warned of their right to remain silent. A persons fourth amendment rights are not violated when the officer does not give the Miranda warnings, their rights are violated when the prosecutor tries to use the statements during trial or other criminal proceedings.
  6. You get him a lawyer. 1. By most definitions, a bb gun is a gun, 2. Not reading the suspect his or her rights only bears on whether the statements made before the warnings are given may be used at trial. Failure to inform the suspect of their Miranda rights does not result in dismissal of charges.
  7. I am sure you have a document assuring you that the carfax would show the car was not damaged. It appears you are able to run the carfax report yourself. Why didn't you when the repeated delays should have made you suspicious? Anyway, have you already paid for the car? How much have you paid? How much is owed? Is the car currently on a storage lot, as you suggested? How exrensive is the alleged damage? How old is the car? There are a lot of facts that may be relevant.
  8. You don't pay taxes on the sale price. You pay taxes on the capital gain. The capital gain is the difference between the purchase price and the selling price minus closing costs and the cost of capital improvements. If the property has been the principal residence of the seller for two of the last five years, the first $250,000 of gain is exempt from taxation.
  9. He would not normally be held liable for any accident caused by his daughter. Assuming his daughter has a collision that is her fault: If your brother still has insurance on the car the damage from such collision would be covered by his insurance. If his daughter has not registered the vehicle in her name and has not obtained insurance then she will not only be personally responsible for any damages caused in the collision but may also be found guilty of driving an uninsured vehicle. I think it is fair to assume the daughter has not insured the vehicle if she doesn't even have the funds to register it.
  10. You need to go through the foreclosure process before you would own the property. If you don't even know that you really need to consult an attorney. Describing what you need to do to collect your note is way beyond what the folks here are likely to undertake.
  11. What I meant as that if your defense was that you were not parking at #300 so the officer was mistaken, you are going to have to pay the ticket (and possibly the court costs also).
  12. You can certainly allege you parked at a different address and then pay the ticket. The judge is not going to dismiss the citation because of a minor clerical error. BTW, was the other side of the street also no parking?
  13. Unless your husband files a petition to get you a green card as his immediate relative (wife) you have no avenue to permanent residence in the US. Since it sounds unlikeluy he will do that you will not get permanent residence in the US because of your marriage.
  14. The response said the statute said "in any other state." It does not say "in any US state."
  15. Go to the local small claims court. Obtain the court's pamphlet about to proceed. File the claim. Hopefully, have the papers served on her at her employment. Attend the hearing. Discover it is practically impossible to collect the amount awarded you by the judge. Always require the deposit and first month's rent from any future tenants.