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LegalwriterOne

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LegalwriterOne last won the day on October 27

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About LegalwriterOne

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  1. LegalwriterOne

    Case law

    The 9th Circuit has never referenced that case in any decision. You'd be better off searching under the particular statute.
  2. LegalwriterOne

    Children truancy

    If you suspect other forms of neglect in addition to the non-enrollment, you would contact CPS. They won't intervene if it's just non-attendance. If it is just non-enrollment, you contact the local school district.
  3. Don't assume the court will give you additional time to argue or present additional evidence. Put everything in.
  4. LegalwriterOne

    Crime and Statute of Limitations on Reporting

    Penal Code section 801.1 (b)
  5. LegalwriterOne

    Ticket States Traffic Infraction???

    The suspension statute for minors with drug offenses used to suspend or delay at least one year of until the kid's 18th birthday whichever is longer. They changed it to just a year for all those under 21.
  6. LegalwriterOne

    Ticket States Traffic Infraction???

    I'm pretty sure he'll get the message when he discovers that his license to drive is suspended for a minimum of 12 months (VC 13202.5). If he doesn't have a license yet, he can't get for a year.
  7. LegalwriterOne

    Arizona Charter school expulsion

    Look into finding a local "alternative charter school." There are more a few that are designed for children such as yours.
  8. LegalwriterOne

    military garnishment by ex wife

    Not going to happen. She went to court to get that order to take it directly. She isn't required to trust you to pay. That the order says you pay doesn't mean she can't attach it at the source.
  9. LegalwriterOne

    Possible Life Insurance Proceeds

    Insurance proceeds pass outside of the estate or any will. If she is a named beneficiary, the insurance company will attempt to locate her. If they can't find her, then the money will be escheated to the state and held by the state treasury's unclaimed property program. She can search there periodically to see if it's listed. If it ever shows up, she can file a claim. If the relative died in VA, here's the link to that unclaim property search site: https://www.vamoneysearch.org/
  10. LegalwriterOne

    Unauthorized photo use

    Well, they do. It's your face but the image belongs to the copyright holder who can do as they wish. Most people are embarrassed by high school pictures. Move on to more important things.
  11. LegalwriterOne

    Unauthorized photo use

    While it may be a picture of you, the copyright doesn't belong to you. It belongs to the photographer who took the picture or the school that published the yearbook. In either case, they have control over who has use. There's also a doctrine of "fair use" which allows use for a limited purpose....
  12. LegalwriterOne

    judge strikes part of time sharing judgement

    There's nothing saying that you can't request additional overnights. You can. What the court striking that provision means that she can refuse you just as she could have before the MSA. The court isn't going to revisit the issue absent a change in circumstances.
  13. LegalwriterOne

    judge strikes part of time sharing judgement

    The agreement must be approved by the court in order to be enforceable. The court's approval turns the agreement into a court order. If the court struck a portion of the agreement, it was not approved and is not enforceable. I suspect the court struck it because it would be onerous on the other party. It's okay to ask for additional overnight visits but to never be denied is over the top.
  14. LegalwriterOne

    Can a judge fire a court appointed attorney

    Obviously you don't practice in the criminal courts. First, not all public defenders are employees of a county, even in CA. We also have what is called "alternate defenders" who are contracted to take cases the PD cannot. Some are office, some are individual attorney who contract with a head alternate defender. Some counties still contract individually with each attorney . In other states, there is a state-wide public defender who contracts with attorneys for each jurisdiction. Second, if a defendant raises an issued with his counsel, regardless of who they work for, the court can relieve then and appoint another attorney. If it is a county public defnder office, removing one attorney results in the entire office being removed from the case....In the context of the question, firing the appointed attorney is the same as removing them.
  15. LegalwriterOne

    Motion for a New Trial for inadequate counsel

    I'm not in MA but perhaps this case can give you some insight: http://masscases.com/cases/app/89/89massappct279.html
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