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RetiredinVA

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Everything posted by RetiredinVA

  1. No. The officer has neither the responsibility nor authority to reverse the judgment of the court. He is not a party to the case, he was a witness. You will have to petition the court to reopen the case. You might start with contacting the office of the commonwealth attorney in the county where it occurred. Do it quickly because your license will be suspended for failure to pay the fines adding further complexity to the matter.
  2. There is nothing anyone here can do to help him. He needs to get a lawyer.
  3. She can sue anyone if she has the filing fee. Who do you think is responsible for her stress? Is the person who did the shooting able to pay the hospital bill?
  4. The procedure is to reduce the funds paid to the seller by the prorated amount of the taxes to be paid. This should have been reflected on the settlement statement you got during the closing.
  5. I have no idea what that means. It is not likely o have any impact at all on the requirement of the supporting to pay the required support, it that is what you mean. Blame is generally not considered a factor in determining need or ability to pay support.
  6. The judgment creditor is only entitled to collect your sister's interest in the property. However, the purchaser's or mortgage company's title insurance company may have a problem with the sale of the property. When your mother died and the will was recorded, the judgment creditor's lien attached to her interest i n the property. The title insurer will undoubtedly require the judgment creditor to agree to file a satisfaction of the judgment to the extent the lien is paid. You may need legal help to get the issue resolved.
  7. There is no way anyone here can help your son. It is not necessary for the police to show you the warrant in order to do the search. California allows adults to possess 28.5 grams of marijuana. That is about one ounce. Your son had three ounces or three time the legal amount. That would tend to indicate he is a dealer. He needs a lawyer big time.
  8. The warrant authorized the officers to search the premises and seize any illegal substances and evidence on the premises. It is not necessary for the warrant to identify the person's on the premises. Having found illegal substances in your purse, it was appropriate to seize your phone, since it could be used to identify your dealer or, possibly, your customers. Your money was, arguably, the proceeds of drug dealing and was also subject to seizure, pending further court proceedings. Nothing that happened to you was illegal.
  9. Show up and explain to the police why you are there. I assume you have some evidence showing you live in the house, such as a driver's license, utility bill, magazine with your address on it, etc. You legal remedy is to file a suit for return of your property.
  10. I believe you may be misinterpreting Dodd-Frank. It allows an entity to originate up to three seller financed loans per year without registering as a mortgage loan originator. The lender must be a natural person, estate, or trust that owns the property being financed. It does not allow financing, listing or selling of properties not owned by the entity. In other words, it does not allow unlicensed real estate sales.
  11. I believe you may be misinterpreting Dodd-Frank. It allows an entity to originate up to three seller financed loans per year without registering as a mortgage loan originator. The lender must be a natural person, estate, or trust that owns the property being financed. It does not allow financing, listing or selling of properties not owned by the entity. In other words, it does not allow unlicensed real estate sales.
  12. The woman can be convicted of DUI and possession of controlled substance The other person can be charged with operating the vehicle on a suspended or revoked license. The confession of a second person does not automatically result in the acquittal of another defendant. They can both be tried separately. That can be the result of fooling around with the police by changing seats.
  13. That's not how it works. After a person is arrested, there is a preliminary hearing to determine whether the person should remain on bond and to be "bound over to the grand jury", in other words, to remain under arrest. The preliminary hearing, sometimes called a "probable cause" or PC hearing, is usually perfunctory and only requires a probable cause to find the defendant was probably involved in a crime. Bond may be set at that time, if it hasn't already been set. Then the prosecutor presents evidence to a grand jury further suggesting the person should be formally charged or indicted. The grand jury will inevitably charge the person since exculpatory evidence is not presented. After the person has been indicted, they are arraigned. It is at the point, defendant is actually formally charged with the crime and pleads guilty or not guilty. There is no testiimony at the arraignment except, possibly evidence regarding whether the defendant should remain free on bond. Following the arraignment, the defendant's attorney may move the court to surpress evidence which has been obtained illegally. That is where the question of consent to a search arises. The arresting officer can be called to prove the arrest was not consensual. You need to do a little background study before you start writing about the criminal legal process.
  14. How do you know the attorney initiated the negotiations? Are you ready to believe he just decided to call her and say, "My client says he had sex with you a few years ago and he's concerned about your revealing it to the press. So, how about we pay you , say $130,000 dollars to keep it to yourself?"
  15. Why did the publisher initiate the offer to catch and release? Regardless. The fact is she accepted the money in return for not revealing the interaction. No matter how you cut it, she demanded $130,000 for not revealing a purely consensual sexual act.
  16. BTW, I have a story line for you: A famous person announces his intent to run for high public office. A woman advises the famous person's personal attorney that she will reveal that she had sex with the famous person while he was married but years before he announced his intention to run for private office. The woman agrees she will not make the, probably damaging, announcement if the famous person agrees to pay her $130,000. The famous person's lawyer makes the payment. Later the woman's attorney sees the woman could have demanded way more money. So he tells her to say the agreement she made was not valid and she wanted to tell the whole world the famous person had had sex with her, but she also intended to keep the $130,000. The main stream media suggested the famous person has committed a crime by paying the woman the $130,000 and he should be removed from his high office. The words "extortion" or "blackmail" do not appear in any mainstream media reporting on the woman's demand for $130.000.
  17. Frankly, if I were an elderly person living in a rural area, where the fire and rescue department has told me they cannot provide fire or medical service because two trees are overhanging the road to my place, I would get a chain saw or a guy with a chainsaw, to remedy that problem before I started worrying about who is going to pay for it.
  18. 1. Has your research reviewed Penal Code 21a and 66? PENAL CODE 21a. An attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward its commission. PENAL CODE 664. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows: (a) If the crime attempted is punishable by imprisonment in the state prison, or by imprisonment pursuant to subdivision (h) of Section 1170, the person guilty of the attempt shall be punished by imprisonment in the state prison or in a county jail, respectively, for one-half the term of imprisonment prescribed upon a conviction of the offense attempted. . . . Why would you possibly think this would be either rare, unusual, or improper? Have you heard the expressions "confidential informant" or "sting"?
  19. Sort of depends on where, doesn't it? For instance, in the reception area - Yes. In the toilet - probably No. Can you be more specific?
  20. When you discussed your situation with the landlord or the manager, what did they say?
  21. Actually, the medical practice is not done with it if the check is not cashed. That is the problem. Eventually the practice would have to turn the unclaimed funds over to an escheat authority. In the meantime they would be required to keep a record of the patient and the balance owed to the patient's estate. It can be a real pain in the buttocks.
  22. You don't get to "verbally change" court orders. Your rights are, and always were, whatever was in the most recent court order. How a new court may change that is, as pg1067 says, anyone's guess.
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