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Everything posted by LegalwriterOne

  1. Get a lawyer. They got a warrant because the phone calls to you from the jail were legally recorded and incriminating....
  2. There's nothing illegal about your health insurance seeking contribution from your grandson's homeowner's insurance. Your insurance doesn't have to believe your version of events in order to cover you.
  3. She's feeding you a story. The department of corrections doesn't have the power to reduce parole or probation the court's approval. It would be unheard of for probation to be deemed completed before the inmate was ever released from custody....and the court would not agree to terminate probation when there are outstanding fines and other terms the person has yet to meet.
  4. He was the assistant FBI director fired 2 days before he retired.
  5. How she spends the money is none of your business. The child/ren need a home and they need utilities and food, etc. They also need a means of transportation.
  6. You can be criminally charged with parental interference and yes, the cops can come and take the kid from you and send him back to his father while you are in jail....
  7. If you want to argue the issues raised in the prior appeal, you do that while asking the court to take judicial notice of the prior appeal. The docket entries are not the proper way to do it.
  8. You can ask the court to take judicial notice of the other case but you cannot argue or cite that record. The appeal has to be based upon the record in the current case.
  9. Warrants have no expiration date. They remain outstanding until the person is either arrested or voluntarily surrenders to the court.
  10. Evidence has to be admissible which in cases of documentation, generally they have to be subpoenaed to the court. You can't submit random paperwork...and getting bank records from out of the country would be a non-starter.
  11. Is there an order giving him set visitation with the child? If there is, then you will need to seek a modification with the court. If there is no formal custody/visitation order than you aren't legally obligated to give visits.
  12. Your case didn't make it to trial so the DA can start over and refile the case. Presumably you had a lawyer, ask them to explain it to you.
  13. Yes. Ever heard of a cold hit DNA match?
  14. The correct statute is 61-11-8 presumptive sentence is 3 to 15 years in prison if that is the sole charge. If he's charged with more, it could be more.
  15. If you were served in the jurisdiction or the court where the case was filed, that is sufficient to confer power to the court to decide the case.
  16. It would be an appeal and she has 30 days from the date judgment was pronounced to file the notice of appeal and request for the appointment of counsel.
  17. First when the statute talks about the "prosecuting authority" it is referring to the local prosecutor, not the INS or justice department. Second, your plea was set aside which eliminates any terms or agreements you think you had. Given that the state apparently chose not to further pursue the charge/s, the slate is wiped clean. This case is over, the issue is moot.
  18. If your plea was vacated, there's no longer a conviction.
  20. If you were cited by the cop, i.e. given a ticket with an appearance date, the statute of limitations doesn't apply. It sounds like the cop suspected you were driving under the influence of pot or some other drug. Prosecution began when you got the ticket and when you falsely identify yourself, that tolls the statute. Simple possession pot is no longer a crime in CA but giving false information is and using your sister's name could be charged as identity theft. Contact a local criminal defense attorney for assistance.
  21. In Kentucky, where the offender is 17, it the judge's discretion. The prosecutor doesn't have to ask or agree. There is, however, no way to predict what a judge will do.
  22. Maybe they don't believe the out of state person is a physician and they know that he isn't licensed in their state. Why would you have your child treated by someone out of state?
  23. "All tort claims must be commenced within two years. Pittman v. United States, 341 F.2d 739 (9th Cir. 1965); Simon v. United States, 244 F.2d 703 (5th Cir. 1957); United States v. Glenn, 231 F.2d 884 (9th Cir.), cert. denied, 352 U.S. 926, 77 S.Ct. 223, 1 L.Ed.2d 161 (1956)." Hoch v. Carter (SDNY 1965) 242 F. Supp. 863.
  24. Okay then mom doesn't have legal physical custody and that has to be changed first IN NC where the custody order originated. When that is sought through the court, she can also request child support. BUT in this point in time, dad still has legal physical custody, regardless of where the child is living and legally, he owes mom nothing. The order for child support will only be retroactive to the date she files the petition for custody and support.
  25. It's not clear that any court entered an order giving mom physical custody, only that she took the child.