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LegalwriterOne

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LegalwriterOne last won the day on January 11

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About LegalwriterOne

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  1. LegalwriterOne

    Single Mother

    If he wants nothing to do with her, leave it be. You were married at the time of conception and your husband is the presumed father until a court says different. Nobody can tell you any more than that.
  2. LegalwriterOne

    Single Mother

    As of right now, the bio dad has NO rights to sign away. A child born of a marriage is presumed to the husband's child. The poster's husband is the legal father regardless of whether he's on the birth certificate or not. As Doucar pointed out, bio dad has to assert his potential paternity in court and that would also expose him to a child support order.
  3. LegalwriterOne

    OPTIONS

    If you have been out of the country for more than a year and had not applied for a reentry permit, your green card is expired and you have go the SB-1 route to return to the US and you do have to pay those filing fees. If you've been gone less than a year, you can apply for the replacement card without any fees.
  4. LegalwriterOne

    Federal Gun Laws for Felons after 5 years?

    It's really cut and dry--for gun rights to be restored after a federal felony conviction, the only avenue is a presidential pardon.
  5. LegalwriterOne

    probation revoked on mentally ill

    Okay so he was assessed for competency by county mental health and it was determined that he was competent. That means he understands. That he can't remember or doesn't keep track isn't going to undo anything. He's facing a violation of probation on a charge he pled to a while back. It's too late to withdraw the plea now. The court can impose a sentence on every probation case that is still open with time left to serve. For example, if he was on probation for a 6-month misdemeanor and had credit for a 4 days, the court can impose the rest of the six months. If he is sentenced on the felony in addition to the misdemeanors, the court has the option to order those sentences run concurrent and I would expect his attorney to ask for that. They do have mental health services in the custody facilities.
  6. LegalwriterOne

    probation revoked on mentally ill

    Have you spoken to his attorney?
  7. LegalwriterOne

    ca. 3 hour rule and no drive defense help me

    The three hours is not a rule. There is a rebuttable presumption that if your test was taken within 3 hours of driving and comes back at .08 or more, that you were at least .08 at the time of driving. Yours came back at .12 long after you wrecked your car so there's pretty strong evidence that you were over .08 at the time of the wreck. Note that there 2 sections to the DUI statute--one is the .08 provision, the other is simply driving under the influence. The simple DUI only requires the DA to show that your ability to drive was impaired. You wrecked so that's pretty good circumstantial evidence.
  8. LegalwriterOne

    Federal Gun Laws for Felons after 5 years?

    Your gun rights are gone forever under federal law because you were convicted of a felony. What kind of felony offense doesn't matter. In TX, the right to register and vote is restored once you complete your probation/parole. So, yes, you can register and vote.
  9. LegalwriterOne

    appeal issues

    First, if you're homeless, where was the court supposed to send notice to you? Your post is confusing. Did you request a trial by declaration or what? Driving without a license or with a suspended license in OR, generally is a misdemeanor which would require that you physically appear in court. As for the appeal, it must be filed within 30 days. The court would sent notice to your known address, if they have it, but they aren't required to track you down.
  10. LegalwriterOne

    Homebound Instruction and Extra curricular activities

    There is no *right* to participate in extracurricular activities. If she's unable to attend school, then it's reasonable that she shouldn't be on school grounds at all until she is.
  11. LegalwriterOne

    Child Support Arrears and traveling

    There are two ways in CA to pursue the contempt of a court order. One is civil that requires personal service of the contempt citation. The other is criminal and no notice is required. The DA can just file charges and have a warrant issue. There is no way to know if either or any action is pending....As to the US passport, failure to pay child support, when reported to the feds, will operate to suspend or deny a passport to the offending parent. If the border agents are on their toes and check the poster out upon entry, they'll know that...
  12. LegalwriterOne

    Judgment or Contract Date?

    I can make this simple. Someone was entitled to 10% equity in 2015 which they didn't get. They sue based upon the contract. Absent a contractual provision to the contrary, they get what they should have gotten had the contract been executed in 2015 as it was supposed to. The judgment simply affirms the original terms of the contract. It doesn't give more.
  13. LegalwriterOne

    leathal force used to apprehend service dog

    First, they won't contact you after business hours. Was your yard fenced or was the dog running loose? You can look into filing a claim against the county for the value of the dog.
  14. LegalwriterOne

    Enforceable Time Zone

    What time zone did you use before the order was changed?
  15. The defendant's attorney is limited in what they can discuss with the family and he/she can't share the discovery and would be foolish to do so even if he/she could. DNA results are statistical. If he can't be excluded that means there's a high likelihood it's his DNA and yes, a jury can convict based upon that. At a trial the victim would have to testify and with children, juries are very likely to believe them. That's just the way it is. The attorney has a staff and doesn't need outside assistance. They can do more harm than good. The family just needs to be patient. Being before prelim, there's a long road ahead. There aren't many "alternate theories" that are plausible with DNA present. Lastly, the family should NOT be discussing the case with the defendant. Visits and phone calls at the jail are all monitored and recorded and all letters are screened and copied.
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