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RetiredinVA

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RetiredinVA last won the day on April 8

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  1. If a person is represented by counsel, it is an ethical violation for opposing counsel to communicate directly with the defendant. If the defendant does not have counsel, it is possible for him or her to negotiate a plea agreement. However, the prosecutor may be reluctant to do so because the defendant may later seek to withdraw his or her plea on the basis of not fully understanding the effects of the plea bargain.
  2. It is a little surprising that the gas company would have installed the existing line without having an easement. Have you checked to see if the gas company already has an easement?
  3. I suppose a person can "claim to be" anything they want. The statute says they are not.
  4. I read your question and read sub-section (B) and I'm trying to figure out what you are driving at. What is the context of your question?
  5. So, what happened to the suit? This issue has been addressed in " Should trees have standing. Christopher Stone, 1972" and in Sierra Club v. Morton, , 405 U.S. 727 (1972).
  6. A court may disregard precedent whenever it thinks the precedent is wrong or obsolete. Then a higher court may reverse the lower court's error.
  7. do you have a bill of sale or other document showing he sold the vehicle to you on defined payment terms? Did he say he would accept $800 as final payment for the vehicle? What was the original price?
  8. That's why I said you may get part of the post-marital equity increase. But, you are almost certainly not going to get half the value of the property. Consult local counsel.
  9. New Yorkis an "equitable distribution" state. In a divorce, the court is required to determine the fair distribution of the marital assets. In your case, the court may very well determine you would have little or no claim to any of the equity in the property your wife and her aunt purchased prior to the marriage. I would predict you might be allowed a share of the increase in value of the property after the aunt's death until the date of the marriage.
  10. When you start talking about "property to be split" you bring into question the state where this is occurring. In a community proprty state the property can be "split". In a state where the proprty is divided by equitable distribution, the question is not so simple. You did not name the state so we don't know what rule applies. When you identify the state, perhaps youmight also give us a clue as to why you did not "tag" the state as requested on the originalemtry screen. Recently few people are identifying the stste.
  11. If I were your attorney, I would advise you to testify to what you have posted here. If you take the 5th, the prosecutor may be peed off enough to charge you with conspiracy. You were clearly closely enough involved in transporting the drugs to make it stick. I would also advise you not to engage in further discussion of the matter on a public site, like this one.
  12. If a motion to dismiss is to be filed, it will be filed by the prosecutor. There is no evidence in a criminal case until it has been presented to a judge or jury. Folks think they can say, "This case should be dismissed because this is what happened . . . " The judge considering such a motion thinks "This is what you claimed happened. Let's see what the police officer and witnesses are able to prove at trial. Then I'll decide." Believe me, been there done that, have the tee shirt. (Not as the defendant)
  13. Burglary is historically entry to a dwelling with intent to commit a crime within the dwelling. What you have described could very well constitute burglary. So, yes, an additional charge of burglary could be filed.
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