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Everything posted by LegalwriterOne

  1. So you're going there to meet and just sitting in the car?
  2. A demurrer is a challenge to the face of the complaint alleging that it fails to state a cause of action. There's very clearly a cause of action. An answer addresses things you disagree with or have a defense to.
  3. There's no basis for motion to strike or a demurrer. You do need to move out quickly--like yesterday. You can file an answer regarding her demand for rent when she wasn't the owner of the home and had no claim to it but the last thing you want is an eviction entered against you.
  4. Since you are not married, he's not the father until the child is born and he or you pursue a paternity action in court. You DON'T have to talk to him and assuming you are IN California, I'd suggest getting a new phone number in the meantime. Whether you continue your pregnancy is entirely up to you. When somebody shows you who they are, believe it.
  5. Even if the bill passes, the law won't go into effect until next year. If you can't afford to hire a private attorney, then ask for a public defender.
  6. You should get a lawyer. Talking to the prosecutor yourself is rarely a good idea. They are not your friend. You are currently looking at a potential 6 month jail sentence and $1000 fine.
  7. Nope. The appeal doesn't have any effect unless the entire sentence was stayed pending appeal which I doubt is the case.
  8. 28 USC 1295(3) provides that appeals from final judgments go to the Federal Circuit court.
  9. The court is not going to consider returning your child with your mother in your home. It's that simple. You will need to come up with another plan for child care. You're not the only person who works a shift that isn't 8 to 5. There are childcare facilities that are available. You just have to do some looking.
  10. But he has other prior convictions? He needs an attorney now.
  11. I don't want to get in the middle of this but the fact is when you are married, regardless of whether you are living your spouse, and you have sex with someone not your spouse, that is adultery, plain and simple. You have not said if you and your husband are still married or not. If you are getting a divorce, the issue of your child should be addressed. Legally, your husband is the father and has the duty to support a child of the marriage until a court says otherwise.
  12. 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.
  13. 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.
  14. 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.
  15. It's really cut and dry--for gun rights to be restored after a federal felony conviction, the only avenue is a presidential pardon.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. 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.
  21. 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...
  22. 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.
  23. 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.
  24. What time zone did you use before the order was changed?
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