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GuessAgain

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Posts posted by GuessAgain


  1. You didn't identify a state....why would you call the adjuster?  Your car was repaired so it appears the only issue is the injuries you are claiming.  The adjuster didn't see the accident, your witnesses did.  The adjuster can't verify the extent of your injuries or the probable cause, the treating doctors can.   Contact your insurance carrier for assistance.


  2. When it comes to working for the government and especially seeking a security clearance, nothing is hidden.  Federal law doesn't allow for the sealing or expunging of convictions and even if it did, the government would still have the information.  The only way to perhaps obtain some relief would be to seek a presidential pardon....given that you also have a subsequent state conviction, it's unknown how well that will received.  You need to consult local counsel. 


  3. Your state's interpretation and application of the US Supreme Court case of Michigan State Police v. Sitz (1990) 496 U.S. 444 which authorized police checkpoints doesn't require that there be an available exit.  Your state supreme court has upheld checkpoints as long as there is a written protocol and in situations where every car is stopped.  As to what the possible penalties are, you never said what you were charged with.  You'll have to contact local attorneys and find out how much they will charge to represent you.


  4. A de novo hearing is a new hearing.  HOWEVER, in PA custody matters before a master, it's not a completely new hearing, it's more like an appeal.  A judge would simply review the record of the hearing before the master, hear some argument and decide.  In your case, you only have a temporary order that is only in effect until the full hearing.  The case obviously wouldn't be going to a hearing in 6 weeks if there was an agreement reached.  SO, if you file an exception to the Custody Master's Proposed temporary order, what happens is that temporary order will not go into effect and if you had no visitation before that order, you'd be back to that position.  You're already set for a full hearing.  Take the visits you have and prep for that hearing. 


  5. There's no provision in your state's code allowing for a refund of child support paid before paternity is disestablished.  You had to know that the court was declaring you the legal father at the time it entered the child support order.  When you were served with paperwork indicating child support was being sought, THAT was the time to challenge and demand a DNA test.  The only case I'm aware of where a refund was sought was in CA and the court said no. 


  6. Did you sign an acknowledgment of paternity at the time the child was born or was the court that declared you the father during the child support case?  It makes a difference.  If you signed an acknowledgement, you had 60 days to undo that or you're dad forever.  If the paternity was determined by the court, you can seek to "disestablish" it with a DNA test that shows you are not the father.  It wasn't up to the mother to petition to disestablish, you are the primary party in interest and could have and should have done it yourself.  Regardless, the child support already paid is not recoverable. 


  7. It's not defamation and it's not a misuse of public records to advise other that a person has used particular lawyer.  You need to check the bylaws of the condo.  As a board member, the VP has a fiduciary duty to the association and generally would be obligated to disclose his relationship with the attorney AND very possibly would be required to recuse himself from any deliberation or vote regarding whether to hire or retain that attorney.  Consult counsel.


  8. Nice try but having the right to defend yourself and not retreat when faced with deadly force doesn't mean you have a right to possess a gun just in case you might feel the need to use it.  The FL statute talks of reasonable force and deadly force but does not deal with the possession or use of any type of specific weapon.  It is a self-defense statute, not a weapons statute.


  9. He can mail his letter to the judge directly from prison rather than have you do anything with it.  He can mark the outside of the envelope as legal mail and the judge will get it.  The reality is that the judge isn't going to do anything.  There was an agreed sentence and that's what he imposed.  If the prison does put him in Ad Seg, there are procedures within the prison system for him to challenge it.  If those challenges reap no results,  he can file a petition for habeas corpus.  Prisoners file those on custody and credit issues all the time.  As an aside, MOST inmates put in Ad Seg at this point in time that aren't temporary for behavior problems, are gang members.  If that's his situation, he need to officially drop out and go through the debriefing before the prison will move him anywhere else.


  10. Being on legal paper doesn't mean that the motion is a legal motion.  Under the statute, the court has the power under its own motion to recall a sentence within 120 of imposing it OR if the case is referred back to the court by the BOP.  How he is housed has no bearing on good time/work time credits.  IF it hasn't been over 120-days since his sentencing, he is free to send a letter to the judge asking them to recall the sentence.  No guarantees though especially since his request is based upon something that might happen vs. something that has. 

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