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Everything posted by FindLaw_Sarah

  1. Have you received any paperwork in the mail? Have you tried contacting the courthouse where you might appear? Generally, the courthouse will send you a information regarding your court appearance. Your case needs to be on the court's docket prior to your appearance. What state are you located in? Good luck.
  2. Who is charging your son for this ticket? What state does your question originate from?
  3. You probably need to turn onto the lane that is closest to you. This rule was designed as a safety precaution to avoid collisions with oncoming traffic. What state did this occur in?
  4. Generally, you have to use your turn signal whenever your vehicle makes a turn. Where are you located?
  5. Detention occurs whenever a police officer approaches an individual and restrains his or her freedom to walk away, or approaches and questions an individual, or stops an individual suspected of being personally involved in criminal activity. Such a detention is not a formal arrest. The police are allowed to require you to identify yourself and explain your presence at a particular time and place. If the officer believes you may be armed or dangerous, he or she may conduct a limited pat down based on reasonable suspicion. The officer can question you, and although you have the right not to answer, a failure to identify yourself may be grounds for arrest. The officer cannot hold you for an extended period -they must either let you go or make an arrest. Continue your research with these links: Reasonable Suspicion (Lawbrain wiki) Criminal Procedure Code from the Georgia statutes (FindLaw) Arrange a free consultation with a traffic ticket attorney from Georgia (FindLaw Lawyer Directory) Good luck.
  6. § 2A: 23A-10 of the New Jersey statutes regulates discovery. It provides that discovery "shall be completed within 60 days following receipt of the demand for alternative resolution or the entry of a final order compelling alternative resolution. The umpire shall have the authority to extend the time for completion of permitted upon application which can be heard in any suitable way, including telephone conference or on submitted papers. The decision of the umpire shall be subject to modification upon review by the Superior Court in a summary review as provided for by rules of the New Jersey Supreme Court when the umpire is shown to have improperly exceeded his discretion." Also, the New Jersey Rules of Civil Procedure will provide instructions on how to subpoena documents. Rule 4.18 provides that "[a]ny party may serve on any other party a request: (1) to produce and permit the party making the request, or someone acting on behalf of that party, to inspect, copy, test, or sample any designated documents (including writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, by the respondent into reasonably usable form), or to inspect, copy, test, or sample any designated tangible things that constitute or contain matters within the scope of R. 4:10-2 and that are in the possession, custody or control of the party on whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party on whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of R. 4:10-2. Consider contacting an attorney from New Jersey for information. Good luck.
  7. Are you asking how much in pain and suffering damages can you collect? Generally, court refer to damages resulting from pain and suffering as compensatory damages. The measure of compensatory damages must be real and tangible, although it can be difficult to fix the amount with certainty, especially in cases involving claims such as pain and suffering or emotional distress. In assessing the amount of compensatory damages to be awarded, a trier of fact (the jury or, if no jury exists, the judge) must exercise good judgment and common sense, based on general experience and knowledge of economics and social affairs. Within these broad guidelines, the jury or judge has wide discretion to award damages in whatever amount is deemed appropriate, so long as the amount is supported by the evidence in the case. Chapter 35 of the Pennsylvania statutes governs formal proceedings and should be a good start to your research. These links will direct you to other resources: A Lawsuit Chronology Civil Court Cases Consider scheduling a free session with a personal injury attorney from Pennsylvania. Good luck.
  8. Would you like to settle directly with the other driver's insurance company? Do you have an insurance company? The majority of legal claims arising from accidents or injuries do not reach a civil court trial -- most are resolved earlier through a negotiated settlement among the parties. An informal settlement can even take place before any lawsuit is filed. Through settlement, the plaintiff in a personal injury case agrees to give up the right to pursue any further legal action in connection with the accident or injury, in exchange for the payment of an agreed-upon sum of money from the defendant or an insurance company. Continue your research with these links: Resolution Before Trial: Settlement (FindLaw) Settlement (Lawbrain wiki) Good luck.
  9. Generally, a husband and wife share liability in regards to assets held in joint ownership. Joint and several liability may also arise within the context of husband and wife. Joint and several liability refers to the status of those who are responsible together as one unit as well as individually for their conduct. The person who has been harmed can institute a lawsuit and recover from any or all of the wrongdoers—but cannot receive double compensation, for instance, the full amount of recovery from each of two wrongdoers. Consider contacting an attorney from North Carolina for more information. Continue your research with these links: North Carolina Statutes (FindLaw) Chapter 1 - Civil Procedure (North Carolina Statutes) Liability (Lawbrain wiki) Good luck.
  10. Are you asking for the statute of limitations in regards to a personal injury suit? Generally, any lawsuit arising from an accident or injury must be filed within a certain time limit or the injured person's legal claim will be barred and his or her right to sue will be lost forever. Every state has enacted its own statute of limitations, requiring any personal injury suit be filed in court within a set time after the incident or injury. Section 95.11 of the Florida statutes sets the limitation for personal injury actions at one year. Continue your research with these links: Statute of Limitations (FindLaw) Florida statutes (FindLaw) Consider arranging a free consultation with a personal injury attorney from Florida (FindLaw Lawyer Directory). Generally, if one party prevails in a lawsuit, then the other party probably will pay damages. The issue of liens may arise if someone is unable to make payments ordered by the judge. Good luck.
  11. Individuals may control the distribution of their property during their lives or after their deaths through the use of a trust. There are many types of trusts and many purposes for their creation. A trust may be created for the financial benefit of the person creating the trust, a surviving spouse or minor children, or a charitable purpose. If you have an irrevocable trust and don't have a termination provision, the trust can usually terminate only if all beneficiaries consent and no material purpose of the trust is defeated. However, an irrevocable trust can also be terminated if there was fraud, duress, undue influence, or other problems when the trust was set up. The reasons for termination depend upon jurisdiction. Continue your research with these links: Trusts (FindLaw) Trusts (Lawbrain wiki) New Jersey estate planning laws (FindLaw) Title 3 - Administration of Estates (New Jersey statutes) You can also arrange a free consultation with an estate planning attorney. Good luck.
  12. Are you asking if your status in the United States precludes you from marrying a U.S. citizen?
  13. What is your status currently? For what reason would law enforcement wish to detain you?
  14. You'll need to complete a citizenship application and send it in with a copy of your green card, the required photos, and the appropriate fee. After filing your application, you will probably wait for many months, depending on your local USCIS office. Then you will be called in for a fingerprint appointment, and later an interview appointment. At the interview, a USCIS officer will test your English language ability (unless you are over 50 and fit within an exception) and your knowledge of U.S. history and government. Applicants who are disabled can ask for accommodations at the interview, such as a sign language interpreter or wheelchair accessibility. If all goes well at the interview, you'll receive an appointment for your swearing-in ceremony. Arrange a free consultation with an immigration attorney for more information. Good luck.
  15. If you are interested in applying for U.S. citizenship, first make sure that all of the following apply to you: you have lived in the United States as a lawful permanent resident for at least five years (with exceptions for refugees, people who get their green card through political asylum, spouses of U.S. citizens, and U.S. military personnel) you have been physically present in the United States for at least half of the last five years you have lived in the district or state where you are filing your application for at least three months you have not spent more than a year outside the United States you have not made your primary home in another country you are at least 18 years old you have good moral character. A naturalization applicant must show good moral character during the five-year period prior to application (three years if married to a U.S. citizen or one year for certain military exceptions). Consider arranging a free consultation with an immigration attorney for more information. Good luck.
  16. Generally, federal immigration law supersedes state law and in the case of Rhode Island federal law would be controlling. Try these links for information: R.I. Troopers Embrace Firm Immigration Role Basic Immigration Law Good luck.
  17. Are to seeking to obtain a visa? If you are only planning a short trip to the United States, you can act as a tourist and transact temporary business for a foreign employer on a visitor's visa (B-1/B-2). Visas are official government endorsements permitting a foreign national to remain in a non-native country. In the U.S., foreign nationals may receive either an immigrant or non-immigrant visa for entry, depending on their goals and their status with regard to U.S. immigration rules. Do you eventually want to seek U.S. citizenship? Feel free to schedule a free consultation with an immigration attorney. Good luck.
  18. Generally, workers have a right to privacy in certain personal matters, a right they can enforce by suing you if you pry too deeply. Employers have general guidelines they must follow when conducting a background check on a job applicant, such as: Make sure your inquiries are related to the job. If you decide to do a background check, stick to information that is relevant to the job for which you are considering the worker. Ask for consent. You are on safest legal ground if you ask the applicant, in writing, to consent to your background check. Explain clearly what you plan to check and how you will gather information. Be reasonable. Employers can get into legal trouble if they engage in overkill. You will not need to perform an extensive background check on every applicant. Even if you decide to check, you probably won't need to get into extensive detail for every position. Are you asking what are the requirements to become a certified caregiver in Arizona? What is your legal concern regarding this query? You can arrange a free consultation with an employee rights attorney from Arizona for information. Good luck.
  19. Are you asking if your actions constituted negligence? Negligence is conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. Laws for negligence vary upon jurisdiction. What state are you located in? You can also arrange a free consultation with a personal injury attorney. Good luck.
  20. Each jurisdiction will have different guidelines for setting aside a judgment. However, a motion to set aside a judgment does not remove your conviction from your criminal record. The process for sealing your record is referred to as an expungment. An expungement ordinarily means that an arrest or conviction is "sealed," or erased from a person's criminal record for most purposes. After the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted. In most cases, no record of an expunged arrest or conviction will appear if a potential employer, educational institution, or other company conducts a public records inspection or background search of an individual's criminal record. Alaska Expungement Law provides that "[a] person may submit a written request to the head of the agency responsible for maintaining past conviction or current offender information, asking the agency to seal such information about the person that, beyond a reasonable doubt, resulted from mistaken identity or false accusation." § 12.62.180. Continue your research with these links: Alaska Code of Criminal Procedure Expungement (Erasing a Conviction or Arrest) Consider arranging a free consultation with a criminal defense attorney from Alaska. Good luck.
  21. Sex offenders released from incarceration are required to register their addresses, along with other identifying information, with their resident state's law enforcement. When sex offenders move out of state, they become difficult to track. Most registration statutes require offenders to re-register with their local law enforcement agency each time they change their residencies. However, many statutes do not require verification of the offender's address. What jurisdiction are you located in? Here are some links for you: Registration Requirements for Sex Offenders Sex Offenders and Sex Offenses Good luck.
  22. What are the terms of your probation? Where are you located in?
  23. Are you referring to Ohio's law against "operating a vehicle while impaired?" Ohio Revised Code § 4511.19 -- No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply: (a) The person is under the influence of alcohol, a drug of abuse, or a combination of them. ( The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood. This statute does provide for alternatives to serving time in prison. You can also continue your research here: Ohio Revised Code (FindLaw) Ohio DUI Law (FindLaw) Arrange a free session with a DUI attorney from Ohio (FindLaw Lawyer Directory) Good luck.
  24. Did you refuse to take the test or did the officer not offer the test? Were you offered a breathalyzer test? Are you located in Kansas? Unless you are certain that you have had less than three or four drinks in the past hour, or less than five drinks in the past several hours, common wisdom holds that it is a good idea to refuse the tests. It generally is more difficult to convict a driver of drunk driving if no chemical tests are taken. On the other hand, if you refuse to take a blood test or a Breathalyzer test, your driver's license may be suspended. In some states, for example, it will be suspended for six months if you refuse to take a test, but only three months if you take and fail the test (if you are a first offender). Continue your research with these links: DUI - Arrest (FindLaw) Breathalyzer test (Lawbrain wiki) Arrange a free consultation with a criminal defense attorney (FindLaw Lawyer Directory) Good luck.
  25. What Delaware criminal code sections are you referring to? Are you referring to cyberstalking? Section 1311 of Title 11 defines cyberstalking as a form of harassment that occurs when "[t]hat person insults, taunts or challenges another person or engages in any other course of alarming or distressing conduct which serves no legitimate purpose and is in a manner which the person knows is likely to provoke a violent or disorderly response or cause a reasonable person to suffer fear, alarm, or distress... ." Continue your research with these links: Cyberstalking (Lawbrain wiki) Delaware criminal code (FindLaw) Consider arranging a free consultation with a criminal defense attorney from Delaware. Good luck.
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