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RetiredinVA

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Posts posted by RetiredinVA


  1. They can foreclose on her one-half interest in the property.  The value of a one-half interest in a mobile home and lot in Florida is essentially zero (Unless the lot itself is quite large).  The foreclosure would require the one-half interest be sold at auction.  If you were to bid one dollar you might very well be able to buy the interest, no one else would have any interest.


  2. As Tax Counsel pointed out, and I agree, the initial issue is whether the defendant is competent to stand trial.  The court will refer the defendant to a treatment facility that will evaluate the defendant and probably administer drugs to help him or her with their condition.  It is possible that the defendant is not found competent to assist in the trial, then the defendant may very well remain in the mental health facility for the rest of his or her life.

     

    If the defendant is declared competent to participate in his or her defense and understands the charges and procedures, there is the second issue of the defendant's mental state at the time of the alleged offense.  That also requires mental health evaluation.  If the defendant is found not guilty because he or she either (1) did not understand the rightness of wrongness of the offense because of mental illness or (2) acted under an irresistible impulse because of mental illness the defendant can be found not guilty.  Note, this requires a finding that the defendant did what they did due to actual diagnosed mental illness, not just on impulse or anger (or stupidity)..

     

    Whether the defendant is found guilty or not guilty, then comes the issue of whether the defendant is no longer a danger to himself or herself due to the mental illness. If the defendant is acquitted because of the mental illness and the illness continues to cause the defendant to be a danger to himself or herself, the defendant can be remanded to a mental health facility until such time as he or she is no longer a danger to himself, herself, or society.  That may result in institutionalization for the rest of the defendant's life.


  3. It is not clear in which state the death of your husband occurred.  However, if it happened in Oklohoma, The statute of limitations for wrongful death is two years so there is no action you can take against the town or its police department. 

     

    It is also not clear why your attorneys at the time sued your insurer.  The suit is filed against the driver at fault, not the insurer.  I suspect what you mean is that the youth did not have insurance and your attorney made a claim and filed suit to collect on your uninsured/under insured coverage.


  4. I assume you mean you are preparing your own will with the intention of leaving you assets to your son.  If you leave anything to your son, the child support authority or the mother could certainly obtain a judgment against him for child support.  Likewise, any of his creditors could obtain judgments against him .  Although they could not force the sale of a house you might leave to him, the judgments could be collected if he were to sell the house within the time judgments can be enforced where ever the house is located.

     

    BTW, no man is merely a "sperm donor" if he has sex with a woman and she becomes pregnant with his child as a result.  


  5. you didn't identify the state and that is critical.  Did you notice where it said "Tag state"?

     

      Anyway, as a general proposition, persons can request documents in the possession of state or municipal agencies.  The documents must already be in the possession of the agency and you cannot request the creation of documents, such as summaries or reports that do not already exist.

     

    Here is the kicker.  The request must be in writing. Do you remember what that is?  It involves paper and a utensil for creating marks on the paper.  I'm not being snarkey.  


  6. Prosecution is up to the local prosecutor.  You can certainly sue for damages.  It would probably be better if you did not refer to the offenders as "dickheads" when you discuss the matter with the sheriff or distric attorney.


  7. PizzaHutDayton,

      First of all, you are two and a half years late with your response.  Second, your citation of the statute is not relevant.  The statute refers to an employee refusing to operate a dangerous vehicle provided by the employer in the course of his or her employment.  For instance, refusing to operate a semi tractor that has bald tires or bad breaks.  The poster's problem is that he or she can't get to work because his or her own car in inoperable .

     

     


  8. The police do not determine liability.  A police officer prepares a report based on the statements of the individuals on the scene and on a usually cursory examination of the crash.  The purpose of the report is to document the crash, not determine who was at fault.  Although the officer may issue a citation to one or more drivers that is not a determination of liability.  In fact, in crash cases, the officer,s report is inadmissible as evidence since it is hearsay. He or she was (usually) not present and did not see the crash and prepares the report according to what he or she is told.

     

    In many, if not most,  cases the ticket can be contested since the officer cannot testify as to any of the elements of the ticket.  The ticket only sticks if a witness appears at the hearing.


  9. I am sure there are many thousands of teachers who are being or have been divorced.  But none of them are parents of your children.

     

    What typical visitation looks like, in my experience, is custody to one parent with visitation with the other parent as follows: evening visitation (not overnight)  every Wednesday night; Friday night to Sunday night  every other weekend; alternating holidays; and an uninterrupted period during the summer.

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