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LegalwriterOne

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LegalwriterOne last won the day on April 23

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About LegalwriterOne

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  1. LegalwriterOne

    Motion for a New Trial for inadequate counsel

    You can't ask for a "new" trial when you pled and didn't have a trial. The motion would be to withdraw your plea but absent a showing that you didn't know what the deal was and didn't voluntarily enter the plea, that's a non-starter.
  2. LegalwriterOne

    Emotional Support Animal

    I'm sure he's aware of the concept. Had you been blind with a seeing-eye dog, he would know at the time he rented to you that you had a service animal. Coming up with one after you move in and calling it a support animal gives him the absolute right to question it.
  3. If other relatives are not named plaintiffs in Grandmother's case, they need to file their own petition unless Grandma is willing to amend her petition to include them.
  4. LegalwriterOne

    my car , my home

    He didn't appeal the tow. He went to court to get an order returning his truck and to get a payment plan so he could get it out of the tow yard before they sold it. Attorneys stepped in and argued that the tow costs were excessive and they lost in the trial court. On appeal the Superior Court judge ruled that the city had violated his rights against excessive fines under the Eighth Amendment. The judge also ruled he was protected by Washington’s Homestead Act, which protects homes from forced sale due to certain debts. There's no question or challeng regarding the tow itself. The truck was legally towed--he was told to move it by police, then he was ticketed and given 72 hours to move it, which he didn't. It was another week before the truck was finally towed.
  5. LegalwriterOne

    Emotional Support Animal

    Nobody will get involved if the recommendation isn't from a mental health professional. Unfortunately, the emotional support animal designation has been seriously abused by people who just want a pet and an excuse to take them places where pets aren't generally allowed....The poster needs to get her "pet" need verified by a mental health professional OR she needs to move.
  6. LegalwriterOne

    Emotional Support Animal

    If you have an emotional disability, you can legally qualify for an ESA. HOWEVER, you must be certified as emotionally disabled by a psychologist, therapist, psychiatrist or other duly-licensed and/or certified mental health professional. This certification should be a formal and appropriately formatted letter. Any other kind of doctor – a family practitioner, OB/GYN or cardiologist, for instance – does not quality as a mental health professional. The emotional support animal letter must be written on the mental health professional’s letterhead, include his or her license type, date of license, license number, and the state which issued the license and the date when it was written. The landlord doesn't have to accept a letter from a primary care physician.
  7. LegalwriterOne

    Process

    The case is usually assigned to a specific justice who reviews not only the IFP but the claim itself. There's no rule as to how long they can take.
  8. LegalwriterOne

    appointed attorney did nothing

    Did you plead or go to trial?
  9. LegalwriterOne

    Do colleges NOW (these days allow)??

    Some colleges are checking social media on students but I've never heard of any outside of the military academies running actual background checks. There's no "right" to attend a certain college or university.
  10. The cops don't need to prove any actual sale, you can be charged based upon the amount of drugs found....
  11. LegalwriterOne

    Filing Petition

    Tax, you're missing a key part of the scenario. He appealed a denial of a motion to withdraw the plea based upon non-advisement of immigration consequences in state court. The matter was remanded to the trial court and the case dismissed so he now has no conviction under state law and any alleged promise tied to that ceased to exist. Undoing the plea, undid any type of negotiation or promise that the plea might have been based upon.
  12. LegalwriterOne

    Filing Petition

    No, you can't initiate a new civil action for breach of contract in federal court based upon a state conviction that was the result of a plea bargain. See the reasoning and analysis regarding contracts and plea bargains in Puckett v. US (2009) 556 U.S. 129 at 136-138.
  13. LegalwriterOne

    Firing public defender

    If you have the cash to hire private counsel, you shouldn't have a PD to begin with.
  14. LegalwriterOne

    Illegal stop

    That the driver wasn't cited for the traffic violation doesn't mean it didn't happen and that the cop actually observed it.
  15. LegalwriterOne

    doomed?

    This is a court minute order. It's completely legal and legit.
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