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Everything posted by FindLaw_John

  1. Is the vehicle in some state of visual disrepair or clearly inoperable or the like? The only way I can think that they would have the authority to remove the vehicle from private property is if it violated some sort of code, such as a dirty lot ordinance. You might want to ask the law enforcement officer who told you such a thing under what authority they would remove the vehicle from your private property. What law, code, ordinance would apply in this situation? You might also want to review Metro-Nashville's codes to see if anything would apply.
  2. missgimpy said...Do you think this is cause for a malpractice suit? Hard for anyone here to say for certain. You might want to consider reading through the materials available here at FindLaw on medical malpractice claims to get an idea of what they are and when they're actionable. From there you can assess your own situation and decide if further action is necessary. Because you already have your records, however, you might want to consider taking them and your story to a local medical malpractice attorney for a consultation. From there he or she should be able to tell you what recourse you have, if any. You can find an Arizona medical malpractice attorney by using FindLaw's Lawyer Directory. Many of the lawyers listed even offer free consultations, so there's no harm in making a few calls. Best of luck, and let us know what you find out.
  3. You might want to consider reading through the materials available here at FindLaw on medical malpractice claims to get an idea of what they are and when they're actionable. From there you can assess your own situation and decide if further action is necessary.
  4. AreGeeDee said... Is my friend still at risk of being found guilty and serving time? Yes. If he's still charged with a crime and is facing a trial there is that possibility. AreGeeDee said... The judge that has been assigned to this case informed my friend at the last conviction that if she saw him again in her court room she would give him the maximum sentence allowed. Your friend might seriously want to consider hiring a criminal defense attorney to help in his defense in that case.
  5. lnl5831 said... Is there a way to have another attorney assigned to the case? You can request from the court or public defender's office the appointment of a new attorney, but there's no guarantee that you'll get it. You might want to remind the current attorney that he's obligated to zealously defend his clients and failure to do so might result in an ethical violation.
  6. helpneededinIndy said... Was that an illegal stop that led to our arrests? If your wife was speeding, even 1 MPH over, then it was a legitimate traffic stop. helpneededinIndy said... And if so, were we wrongfully detained and should the charges be dismissed? What exactly were you charged with. If you were charged with crimes unrelated to the traffic stop then I can't see how, even if the stop shouldn't have been made, how it would affect the other charges. helpneededinIndy said... #2 - Is the fact that we were arrested without the Probable Cause Affidavit even being filed with the court or there being warrants for our arrests, or even a charge against us being filed for over 48 hours, grounds for dismissal of the charges. Again, I don't know the exact charges, but one can be arrested without a warrant having been issued, and one can be charged with a crime at any time within the applicable statute of limitations period.
  7. bookajoy said... Does my friend have a legal defense based upon the seizure disorder as well as providing a nickname as opposed to a legal name? It's certainly an argument he can attempt to make in his defense. Whether it will be successful or not is anyone's guess. bookajoy said... Or perhaps because he did not know who was asking him these questions nor that he was being detained? Unless the officers were in plain-clothes and didn't identify themselves I think it would be a difficult argument to make. Your brother might want to consider speaking with a local criminal defense attorney for advice on how best to respond to the charges. He or she should be familiar with the law and local procedures to be able to advise him appropriately. You can find a Florida criminal defense attorney by using FindLaw's Lawyer Directory. Many of the lawyers listed even offer free consultations. Best of luck.
  8. AfterHours said... Can I legaly cross over to Montana and be within Montana laws carring my pistol while visiting in the state.? Some states offer reciprocity with other states concerning their concealed weapons permits. You can see on Montana's website which states it has reciprocity with. Know that even if Montana recognizes your permit, you will still be subject to any laws or restrictions that Montana has in place concerning the carrying of concealed weapons.
  9. It would depend on what exactly she was charged with. She may be punished for failing to serve her original sentence. She may be charged with additional crimes which may result in more punishment.
  10. I'm unaware of a particular code section that directly addresses it, but I certainly wouldn't encourage anyone to do such a thing. Moreover, if you've received a death threat I would encourage you to report it to the police.
  11. sally45jenson said...he has been kidded out mouths ago I don't know what that means. sally45jenson said...made us up a safe "Open" a safe? sally45jenson said...nobody was aressted , now four years later they now they arrested the person What person? What were they arrested for?
  12. It appears that criminal trespass to real property is a Class B misdemeanor in Illinois. A Class B misdemeanor appears to be punishable by up to 6 months in prison, a $1,500 fine, and/or 2 years of probation. lilly60 said... should I get a lawyer That is up to you. It would probably be wise, in any criminal law proceeding, to be represented or at least receive advice from a lawyer licensed to practice criminal law in your state. You can find an Illinois criminal defense attorney by using FindLaw's Lawyer Directory. Many of the lawyers listed even offer free consultations, so there's no harm in making a few calls. Best of luck.
  13. lougupta said... Is there a legal remedy? If there was a breach of contract, and the party responsible for the breach is unwilling to address it, you can sue that party for breach of contract. No one here can know the terms of your agreement or all of the facts involved. I'd recommend taking the applicable documents to a local attorney to discuss your situation to determine what remedies, if any, you may be entitled to. You can find a local business attorney by using FindLaw's Lawyer Directory. Many of the lawyers listed even offer free consultations. Best of luck.
  14. jdr1110 said... I finally got back to work on the 15th and now i got a letter in the mail from the court about "presumed abuse" please what do I do now? What exactly did the letter state? Did it cite to any particular bankruptcy code section? Going out on a limb, it sounds as though you didn't meet the requirements for bankruptcy under Chapter 7, and I assume unless you take some sort of further action your filing runs the risk of being dismissed. Of course, without seeing the letter, I can't say for certain. I'd recommend that you speak with a local bankruptcy attorney for assistance in this matter.
  15. taylor38 said... My question is can i declare bankruptcy with out losing my home? Each situation is different, so I would suggest you read first about bankruptcy in general and then about the different types (Chapter 13 and 7 for most debtors). A consultation from a local bankruptcy attorney might also be of some benefit. You can find a Missouri bankruptcy attorney by using FindLaw's Lawyer Directory. Many of the lawyers listed even offer free consultations. Best of luck.
  16. morongo2316: I warned you in the other thread, but I'll do it again here. I just spent considerable time combining your multiple posts into one coherent discussion. In the future, when you post a reply or follow-up question, do so by using the "answer/reply" button below your original question, otherwise your posts will be deleted.
  17. It would probably depend on exactly what powers of attorney are granted by the document, but the only PoA I see requiring a witness signature is that of a healthcare power of attorney in Illinois, in which case the short form in the statute states: "The principal has had an opportunity to review the above form and has signed the form or acknowledged his or her signature or mark on the form in my presence. The undersigned witness certifies that the witness is not: (a) the attending physician or mental health service provider or a relative of the physician or provider; ( an owner, operator, or relative of an owner or operator of a health care facility in which the principal is a patient or resident; © a parent, sibling, descendant, or any spouse of such parent, sibling, or descendant of either the principal or any agent or successor agent under the foregoing power of attorney, whether such relationship is by blood, marriage, or adoption; or (d) an agent or successor agent under the foregoing power of attorney." Of course, always consider consulting with a local attorney to be certain.
  18. I would be surprised if the vehicle could be towed from your own private property for only expired registration. Unless the vehicle is considered part of a nuisance, or against some sort of dirty lot ordinance, if the driveway is private property then towing it for expired registration would be surprising. You can read Metro Nashville's order concerning vehicle impoundment here. It only seems to mention public streets and highways (and other public thoroughfares).
  19. fiveyrcon said... Is this legal? Is what legal? If he clocked you when you were doing 75 (before you slowed down) I don't see the issue. fiveyrcon said... Can I win the fight over this ticket? On what basis? How do you know your speed wasn't measured before you slowed down? fiveyrcon said... If the ticket is dismissed would the search be illegal? Doubtful. Did you consent to the search?
  20. I don't understand how the officer's statement fits in here. This is the Virginia statute you referenced in the subject: "§ 46.2-862. Exceeding speed limit. A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit." So regardless of what the officer stated, if you did either of the things listed in the statute, you were subject to being cited for reckless driving.
  21. FYI, you can see which statutes in Arizona's code contain the word "crosswalk" here.
  22. What sort of crosswalk violation? Vehicle illegally in a crosswalk or something else?
  23. wildmustang said...claim spousal privilege if he was not driving at the time the citation was given. Possibly, but it wouldn't be too far a leap for the ticketing agency to then pull the spouse's driver's license photo and match it up with the red light camera photo and issue the citation to the spouse.
  24. Isthislegitimate said...Is this lawful at all seeing that she does have an inspection sticker? If she has a valid inspection sticker in the appropriate location (and did at the time of the citation) then one might consider challenging the citation. Isthislegitimate said...Is it legal to issue a ticket from someones' driveway? Yes. Isthislegitimate said...What should she do? That's up to her. If it's only a $50 fine and there are no points associated with it, it might not be worth the loss in time or income to appear in person to challenge the citation. You didn't mention the state in question so it's doubtful anyone here could comment on the procedures available to her to challenge.
  25. valentine60 said... theres been an accident you've been injured your incarcerated illegally your misrepresents you and statutes of limitation runs out what can be done in ca Is there any chance you can rephrase your question so that it's more clear what you're asking? It appears to be missing some words and punctuation marks. A brief background description might also help the community answer what you're asking.
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