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RetiredinVA

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Posts posted by RetiredinVA


  1. Yes.  Going to trial only requires probable cause that a crime was committed and that you probably were involved.  Winning at trial requires evidence beyond a reasonable doubt.  Since you have apparently only cleared the stage of a probable cause hearing there was probably not much that a PD could do.  She/he might try to supress your statement before trial but it would not serve much purpose before a probable cause hearing.

     

    Also, I note you have added a charge of posession in your later explanation.   I guess the police have more than a pipe. No?


  2. It depends.  If the term of your original plea bargain provided that the battery charge would be nolle prossed (some times called "no papered") then the original charge can be brought up again.  Nolle Prossing a case just means the prosecution agreed not to prosecute the case at that time.

     

    If the deal was that the original charge would be reduced or amended to disorderly conduct, you have an argument for doudle jeopardy.  Plea bargains never, in my experience, result in the original charge being dismissed with prejudice.

     

    Since you were given a chance to walk the first time around, you should not expect much sympathy from the prosecutor this time.


  3. The "Terms of Agreement" paragraph doesn't provide that the contract is extended for additional terms of one year.  The fact that the contract can be terminated at any time with thirty days notice indicates that is is extended for indefinite length.  Furthermore, there is no requirement in what you have posted that would require the company to terminate you only for cause.  I would agree with the counsel you consulted with.  You are entiteld to a maximum of 30 days pay.


  4. It is not clear what you mean when you say "she got sidelined" when the existence of the two doctor's letters was discovered.  You said she had hired an attorney.  Certainly the attorney would have considered having her seen by another doctor.  Did that happen?  If not, why not? Is it possible that the new attorney concluded that she remains incompetent based on his discussion with her?

     

    You said she doesn't know what year it is.  Does she recognize her family and friends? Does she know the extent of her estate?  Those factors are important in determining competence to manage her financial affairs.

     

    Although you express concern about her dignity, how is this related to her having stricken you from the family trust in 1999, which you mention in another post?


  5. An officer determines whether a person is speeding by pacing  or following the vehicle for some significant distance.  It is impossible for an officer to determine speed instantaneously without following the vehicle.  The officer will prove the allegation through his testimony.  No video or other such evidence will exist.  The officer will also normally testify that the speedometer of his vehicle was tested or calibrated prior to the arrest.

     

    Once the officer activated his emergency equipment the driver was required to stop.  If the driver speeds up or continues to speed, he can be charged with "speed to elude."  Because trying to catch a person who is speeding causes serious danger to the public it may be charged as a felony.  Once you see the blinking blue light you stop  PERIOD


  6.  

    I met several labor attorneys in Korea and they said in Korea this lawsuit will be dismissed, it even will not start.

     

    Because the company locates in U.S. and for this case Korean government cannot do anything. outside of Korea.  If the company side doesn't attend the court in Korea, that's it.

     

     

     

     

     

    I consulted a lawyer of U.S.

     

    He said I can sue the company in the MA court though I thought the federal court.

     

    He said the company failed to give me 30 day notice, so they have to pay for the 30 days.

     

     

     

    My biggest question is whether I can ask for the company to pay the remainder for 5 months salary because my one-year contract had been renewed on June 1st, 2014.

     

    Probably not.  You have a duty to mitigate damages.  That means you must make a good faith effort to find other employment.  As I said above, your damage is the difference between what you would have collected from the contract minus what you could have reasonably received from alternate employment.


  7. Without going into  the details, the company can terminate your contract with or without cause.  However, you may be entitled to damages for the breach of contract.  Your damages would be your profit from the contract.  The measurement of damages would be the difference between what you would have received if the contract had not been breached minus what you could earn in alternate employment minus expenses avoided.


  8. Only a prosecutor can file charges.  It is highly likely the prosecutor would view this as a civil matter and suggest the company file suit if they think they can prove their allegations.  It is also possible, however, that the evidence could convince the prosecutor to seek indictment.  Since we have no knowledge of the facts it is impossible to comment beyond whar I said above.


  9. In order to pursue a medical malpractice case you had better also bring an expert witness willing to testify the care administered or omitted by the defendant dentist did not meet the minimum stand of care in the area.

     

    You may also have to prove you exhausted your administrative rights and that notice of your claim was given properly and timely.

     

    I assume you have given timely notice to the court and opposing parties of any exhibits you intend to offer.  (Depending on local practices and procedures.)

     

    I assume the records you intend to bring with you have been properly certified as complete, true, and correct copies of the records by the custodian of the records.

     

    If you are claiming permanent damage you should also be prepared to offer evidence (usually another expert witness) of the damages you may suffer.

     

    Having seen a number of people trying to litigate a med mal case pro se against experienced counsel, I suggest you should also be prepared to have a great big bus driven right over you.


  10. The individual said he contracted to buy a loft, not a lot.  There is a big difference in what the purchase involves.  Purchase of a loft, apartment, condominium, etc. is generally considered to be a purchase "in gross."  It is not priced per square foot or per acre as raw land might be purchased.  So, if you contract to buy "apartment 4-G"  you are buying that space regardless of the square footage.  I suspect the figure the buyer claims he relied on, i.e. 2,300 SF,  includes the outside dimension of the loft plus a proportion of the common area.


  11. Where I practiced the warrant was issued by the magistrate based on whoever got to his office first. If he told the magistrate he cut you in self defense you will be charged and the magistrate will not issue a "counter warrant."

    Fighting is supposed to stop after you graduate from high school or reach the age of majority. After that you get arrested. Grow up.

    You need a lawyer and anger control


  12. Wills are not "valid" until the testator dies.

    Is there some reason why your father in law cannot execute another will? If, for instance, you are concerned that your father in law is not competent to execute a new will, he may not be competent to execute a deed. I get the feeling there is more to the story than simply a change in your father in law's affections.

    Secondly, if your father in law transfers his ownership to your husband, the transfer may have significant tax consequence. Your father in law will have to file a gift tax return and your husband will take the property with your father in law's tax basis. If your husband sells the property without living in it for at least two years he may incur significant capital gains taxes. If he inherits the property your husband will take the property with a tax basis at the fair market value at the time of his father's death.


  13. I suspect there may be a grammatical error in your post that may be dispositive here.  You said, "He remained in the house that he and his ex-wife had bought together after the divorce; she moved out."  This doesn't make much sense unless the punctuation is changed as follows: "He remained in the house that he and his ex-wife had bought together. After the divorce she moved out."  

     

    If that is what you meant to say, the implication is that her name may very well remain on the deed to the house despite the divorce. Clarify if that is the case.

     

    Also, if the child is the only descendant of the decedent then he is probably the sole heir to his father's interest in the house.  Therefore, his mother, as familial custodian almost certainly has a superior right to enter the house over anyone else.  So, I can't imagine any lawyer losing his license in advising her she has the right to enter the house.

     

    Also, it would not surprise me that the ex-wife would have retained a key to the house.  Why should she not?


  14. If your husband is facing a ton of time it is probably because he has been convicted of a felony.  If that is the case, the judge has probably ordered a Presentence Investigation  (PSI).  The PSI will be prepared by the probation office and that is where such information should be sent.

     

    Sentencing may happen on Commonwealth's Day, especially if your husband plead guilty rather than being tried and convicted.  On that day there may be a dozen individuals being sentenced.  The Judge will probably not take the time to read letters from your friends at that time.  In any event, the judge is going to be much more concerned about the seriousness of the offense, your husband's record, his education and work experience, drug involvement, impact on the victim, and other factors related to the offense and the probability that incarceration will be effective in your husband's case.

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