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RetiredinVA

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Everything posted by RetiredinVA

  1. It could be charged as unauthorized use of a credit card. But, first the bf would have to report it to the police, they would have to decide to investigate the matter, and file charges. Has any of that happened?
  2. Since the poster hasn't been back since October of 2015, I guess we'll never know.
  3. Yes you can put them out but you still need to go though the court to have them removed. Sorry.
  4. It's a matter of terminology. I am accustomed to "Juvenile and Domestic Relations Court" handling custody, support and paternity matters and misspoke. I see Oregon has separate Juvenile and Family Courts. I should have looked first.
  5. Move. There is nothing else to do. It is up to the landlord to take the next step.
  6. The baby's father must first establish paternity. That, in turn, can lead to a requirement that he pay child support for the next eighteen years. Your friend should petition for child support immediately. Juvenile courts are constructed to be easier to deal with than other courts and she will probably be assisted in doing the paperwork to answer the fathers complaint an asking for paternity testing and support. The odds on taking a three month old baby from the mother are slim to none unless she is under arrest.
  7. I'm not going to even try to read all of your unpunctated, stream of concious, message. But in the first few words you spelled out how the criminal law procedure works. Even in small towns. Some time at or before the trial date, the prosecutor sits down with the file and officer and goes over the evidence. Unless the charge is a serious felony the prosecutor may not have seen or heard anything about the case before that point, which may be the day of trial. It is at that point that the prosecutor decides whether to go forward or not. Where I practiced the misdemeanor cases were handed to the most junior prosecutor literally the morning thay were set for trail. Minot felony cases might be handed to the prosecutor days before trial. Believe it or not, your case is not the only case that is pending in the prosecutor's office. That means the prosecutor in your case is not going to dismiss the case based on lack of evidence until the last minute, if at all. There is nothing your lawyer can do about it.
  8. Charging a crime and proving it are two different things. If there is probable cause to believe a crime has been committed, the case can proceed to trial. If there is not sufficient evidence presented at trial to prove the crime beyond a reasonable doubt, the jury or judge can acquit the defendant. It is not usually possible to have a charge dismissed prior to trial on the factual basis that the prosecution will not be able to prove the charge at trial. That is not the way it works. The lawyer is doing the right thing. At some point the prosecutor may move to dismiss or nolle pros the case. But the lawyer cannot force him to do so.
  9. It seems the issue is.a.factual question. The factual question is , "Did you tell the agent you were leaving the.company immediately after the making of the loan or did you indicate you were merely moving to another location?" Do you have access to the tape recording?
  10. I couldn't find a question in this rather poorly written and confusing story. How about trying to divide the text into sentences and paragraphs so it is easier to understand.
  11. Does this relate to your refusal to submit to a baseline evaluation in June? If so, I believe we have respondd at length.
  12. We don't know anything about your case. However, one might guess that it is not very good if five lawyers have considered it and declined to represent you. Have you applied for unemployment insurance?
  13. Not really sure what you think anyone here can do. I am assuming the manager gave your friend a verbal or written trespass notice forbidding her from coming on the premises. She can do that for any reason not forbidden under constitutional protections, such as race, religion, national origin, etc. Apparently the manager believes your friend spat at her. It is not I portent that is true or not. Banning someone from property is not a criminal process requiring proof the basis for the banning.
  14. The answer to the question depends on the state.where the event occurred. Why don't people realize this? Also, it doesn't matter if the OP and his wife are retired.
  15. You did not name the state where the divorce was entered. In some states the support automatically becomes a judgment as it becomes due. So the issue may be the time limit on enforcement of judgments, not the statute of limitations.
  16. What does it say in your original agreement about utility bills? I assume you did sign a lease agreement at some point. Do you have that document?
  17. You do realize the videos could also be used against you, don't you?
  18. You also need to talk to your PD about how much time you may actually serve. Again, I do not practice in Indiana but it appears six years executed may be less than three years actual with good time. Early release may also be available. For all these reasons, you need to talk to the PD about what the actual time in prison will be.
  19. I can't imagine why you would think a group of anonymous strangers, none of whom practice in Indiana, could possibly know what an unknown prosecutor would be susceptible to. Ask your public defender.
  20. RetiredinVA

    Help1!

    You should consult a New York attorney and discuss your situation. DWI penalties vary depending on the time between charges and whether there are other serious offenses. It is possible your driving privilege has been revoked permanently. Four DwI's plus one other serious offense results in a permanent denial. When you sent in your request, what was the response or reason for the rejections?
  21. Not sure what anyone here can do to help you. You said there is an order requiring you to hand the child over to the father at 4:00pm Sunday. I guess that is today. If you don't do it, you may be held in contempt of the court. Then you will have an opportunity to explain why you violated the order. We know nothing about the situation from the perspective of the father so there is nothing we can really suggest except, get a lawyer.
  22. Cases involving minors are tried in Juvenile Court's by a judge, generally because of confidentiality requirements.
  23. People who faint are not subject to the terms of a Physician Ordered Life Sustaining Treatment. The failure to take any measures to resuscitate the patient only applies if the patient is not breathing and has no pulse. Download and read the form.
  24. In Pennsylvania, as in most states, cases involving minors are tried by a Juvenile Court Judge, not a jury.
  25. After thirty years of marriage, one would suspect all the couple's property would be jointly owned. That means there would not be an estate to be distributed.
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