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FindLaw_Sarah

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Everything posted by FindLaw_Sarah

  1. Defamation is any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The elements of online defamation generally are identical to traditional forms of defamation. The elements that must be proved to establish defamation are: a publication to one other than the person defamed; a false statement of fact; that is understood as a. being of and concerning the plaintiff; and b. tending to harm the reputation of plaintiff. If the plaintiff is a public figure, he or she must also prove actual malice. Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Consider scheduling a free consultation with a personal injury attorney. Good luck.
  2. The answer largely depends on the laws of your jurisdiction. Where are you located? Your state's criminal laws may be binding on this matter. Good luck.
  3. Are you located in Florida? Each jurisdiction's guidelines will vary and most likely can be found in their Code of Criminal Procedure. The Sixth Amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the Fourteenth Amendment. Has his criminal defense attorney responded to your questions? Good luck.
  4. Is it possible to learn the identity of this child? Is there a pattern of behavior that school official could monitor which would hopefully lead to the discovery of the child's identity?
  5. Consider these suggestions and resources: Has the local prosecutor actually filed charges against you? If charges have been brought against you, then the criminal courthouse may have a file for your case. You can take at the file which should indicate what charges the prosecutor brought against you. What criminal code sections are indicated in your criminal file? Read the relevant law carefully and try to assess the merits of the case. The statutes should indicate the possible penalties. Arrange a free consultation with a criminal defense attorney. Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Good luck.
  6. Consider these suggestions and resources: What criminal code sections are indicated on your ticket? Read the relevant law carefully and try to assess the merits of the ticket. The statutes should indicate the possible penalties. Make sure you understand all the information provided on the ticket. Has the local prosecutor actually filed charges against you? Arrange a free consultation with a criminal defense attorney. Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Good luck.
  7. The probation department generally is the primary source for circumstances surrounding probation. The department will have information regarding probation terms. Court appearances and trial dates are generally provided on the court's website. Courts now frequently provide docket information online. You can also contact the clerk's office directly for appearances regarding a criminal matter. Good luck.
  8. Did the court already sentence him to a community supervision program? If so, why would the court sentence him to jail later on?
  9. The prosecutor generally brings the charges of a criminal case. What charges were brought against you? What criminal code sections apply to your case? Here are some suggestions and resources: Determine what law applies to your case and read the criminal statutes carefully. An attorney should have already been assigned to you. Ask your criminal defense attorney for an assessment of this case. Unfortunately, your husband cannot determine whether the charges will be dropped or not. Generally, if the prosecutor's star witness is unwilling to participate in the care, it becomes more difficult for the prosecute to pursue the matter. Your attorney will need to advise you regarding this matter. Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Good luck.
  10. The court can order an attorney be substituted in cases where wrongdoing has occurred. Each jurisdiction will have different guidelines for what conduct should result in the replacement of counsel. Consider contacting the courthouse directly to determine on what bases an attorney can get replaced. Continue your research with these links: Tennessee statutes Research Attorney Discipline Good luck.
  11. In order for you to visit a person in jail, you must possess a valid form of identification to enter a jail. The following is some of the information needed for visiting an inmate while incarcerated in the MCSO jail system. Visitation times and days vary at every jail. Continue your research with these links: Visitation in jail Rights of Inmates Good luck.
  12. The general rule is that a plaintiff who has prosecuted one action against a defendant and obtained a valid final judgment is barred by res judicata from prosecuting another action against the same defendant where (a) the claim in the second action is one which is based on the same factual transaction that was at issue in the first; ( the plaintiff seeks a remedy additional or alternative to the one sought earlier; and © the claim is of such a nature as could have been joined in the first action. Why is the higher court remanding the case to the parole board? Did the parole board incorrectly handle the defendant's prison sentence? Is the higher court ordering the parole board to adopt its judicial decree? You can continue you research with these links: Nevada statutes Search opinion summaries Arrange a free session with a criminal defense attorney from Nevada. Good luck.
  13. Is your wife being held in prison? Inmates are entitled to medical care and attention as needed to treat both short-term conditions and long-term illnesses. The medical care provided must be "adequate." Generally, prison systems have rules provided under state law that obligation their medical obligations to inmates. Please provide the name of your jurisdiction in future posts. Prisoners, by virtue of their incarceration and dependency on the state, have a right to health care under the Eighth Amendment. This was held by the U.S. Supreme Court in Estelle v. Gamble. Good luck.
  14. Were you prosecuted as a minor or as an adult? All felony convictions typically will be reflected on a background check conducted by a prospective employer unless your record has been expunged. Expungement is a legal process through which an arrest or conviction may be erased from a person's criminal record. The exact process varies depending upon the jurisdiction. Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Good luck.
  15. Are you asking how to get credit for time served? If a judge sentences you to credit for time served, generally that means that the prison or jail sentence has been deemed satisfied and there is no probation or parole. If a sentence is suspended, then probation is imposed and if there is a probation violation, then probation may be revoked and sentence will have to be served. Search the Louisiana Code of Criminal Procedure for the relevant law. You may want to arrange a free consultation with a criminal defense attorney from Monroe. Good luck.
  16. What type of counseling are you referring to? A high-school counselor? A therapist? What jurisdiction are you located in? States vary in their regulation of professions. Good luck.
  17. Professional licenses can be revoked for reasons clearly defined under the law. Generally, the licensee must commit some form of malpractice or other wrongdoing. Feel free to add any details you think are necessary and search the Texas statutes for information. Good luck.
  18. What violations do you think may apply to your circumstances? trespass? nuisance? Any possible violations would likely be regulated by ordinances from your local municipality or county government. Continue your research with these links: Trespass (Lawbrain wiki) Private Nuisance (Lawbrain wiki) Good luck.
  19. Chapter 765 -- entitled Property -- of the Illinois statutes does regulate condominium property. Take a look at the Condominium Property Act for specific provisions regarding permissible of impermissible bylaw regulations. Section 2(g) of the Act does define a unit owner as "the person or persons whose estates or interests, individually or collectively, aggregate fee simple absolute ownership of a unit, or, in the case of a leasehold condominium, the lessee or lessees of a unit." Here are some links for you: Chapter 765 -- Property Real Estate Center Schedule a free consultation with a real estate attorney from Illinois. Good luck.
  20. Has you association indicated what section of the bylaws apply to your case? How exactly do provisions of the bylaws regulate this activity? Can these regulations be legitimately applied to you circumstances? What state are you located in? Most condominium associations are also subject to state law which may preclude such regulation. Covenants regulate what property owners in a particular area can or cannot do with their property. When a geographically-restricted group of homeowners are bound by neighborhood covenants, individual homeowners are better insulated from the possibility that one errant homeowner will bring down the value of surrounding properties because of the appearance of his or her house. In order for covenants to be binding, they must be legal. Historically, some covenants have been found to violate constitutional provisions. These links may be helpful in your search: Purpose of CC&Rs (FindLaw) Condominiums and Cooperatives (Lawbrain wiki) Arrange a free consultation with a real estate attorney (FindLaw Lawyer Directory) Good luck.
  21. A survivorship deed is a deed conveying title to real estate into the names of two or more persons as joint tenants with rights of survivorship. Upon the death of one owner, the property passes to and vests in the name of the surviving owner or owners. This deed may be a warranty deed, quitclaim deed, or fiduciary deed. If Mary holds title to the property, then she determines who may or may not stay at the property. Does Mary want to remove these individuals from the location? She probably have a variety of options afforded to her by her jurisdiction. These links are to resources that should provide some options: Trespass (Lawbrain wiki) Bring an action in ejectment (Lawbrain wiki) Schedule a free consultation with a real estate attorney (FindLaw Lawyer Directory) Good luck.
  22. Has your boat club provided you with regulations? If so, they should address rules regarding the consumption of alcohol? Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Good luck.
  23. FindLaw_Sarah

    HOA

    Generally, the bylaws of an association must be complied with by all members of the condominium complex. If members are remiss in following these guidelines, the bylaws will prescribe penalties that are typically enforced by a management company retained by the association. Continue your research with these links: Homeowners Association Covenants, Conditions and Restrictions Please provide the name of your jurisdiction in future posts. Good luck.
  24. Here are some suggestions and resources for you: What traffic code section pertains to your case? You should find this information on your ticket. Take a look at the law carefully and try to assess the merits of your matter. Have you received appeal procedures in the mail? You can also contact the clerk's office of the courthouse directly for more information. Considering arranging a complimentary session with a traffic ticket attorney. Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Good luck.
  25. Are you considering placing tarp over farm loads? What jurisdiction are you in?
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