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Everything posted by GuessAgain

  1. The state had one year from the date of the offense to file criminal charges. If they were filed within that time, there's no motion to dismiss on that basis. When the case showed up during a record's check, that means that there was a warrant out for your arrest. The court isn't obligated to let you know there's been a case filed against you--that's why it's called a "courtesy notice."
  2. In PA spousal support is discretionary and based upon need. The court looks to several factors including the length of the marriage, potential earning income of the party seeking it as well as fault.
  3. The reversal of the conviction does not mean you had a valid license in the interim nor does it mean you cannot be prosecuted for driving during the period when that suspension was in effect. Consult local counsel.
  4. Either you have a year lease or you don't. If you have year lease and the property sold before that lease expired, the new owner takes the property subject to the terms of that lease. If that lease expired and you are just month to month tenants, the new owner is free to change the terms of the rental and you are free to reject them and move elsewhere.
  5. Okay, so you're having trouble finding a job. Keep looking. Hit the pavement all day every day. Need fast cash, try collecting cans & bottles for recycling.
  6. You were already sued. THAT was the time to raise all your issues. Apparently you didn't, he won and now you owe him the money. The only available option is/was to appeal and the time limit for that is/was 30 days from the entry of the judgment against you.
  7. If it isn't spelled out specifically, it's up to you and the other parent to work it out between you...
  8. The CA courts are not governed by federal district or circuit court opinions and they don't follow them or consider them as binding. Sometimes, they go out of their way to get around US Supreme Court decisions. If a CA court orders NA or AA attendance, the only option is to go. Lastly, Pirtle has nothing to do with AA attendance or terms of probation. Pirtle was on parole, which is governed by a entirely different set of statutes and rules.
  9. STOP texting and conversing with teenaged girls, especially ones you don't know and have never seen. You don't even know if you were ever even speaking to a teenaged girl. If the cops don't come calling, consider this a serious lesson.
  10. First you didn't identify a state. Second, you need to look at your contract of sale. Is there a warranty or did you buy it "as is." Third, did you ask to see the carfax? It's not unheard of that prior accidents aren't on those reports.
  11. Filing your taxes jointly does not make you married at common law if you and your boyfriend/fiancé do not and did not both intend to be married at that moment. Simply living together doesn't make you married at common law. A tax preparer can't "make you" be married if that was not and is not the intent shared by both of you. For purposes of proving a valid common law marriage, the person saying it is a valid marriage has the burden to prove that it is.
  12. If your child support order is out of Missouri, then child support continues if the child is enrolled in an institution for vocational or higher education and is enrolled in at least 12 credits of coursework per term. In that situation, the support continues to age 21 or graduation, whichever occurs first.
  13. Neither any vehicle's "black box" nor timing of the changing of the traffic light is going to prove who had green or red. You say you had green. The other driver says he has green. It's who the judge believes...
  14. Take her back to court to get an order that she seek treatment within the network.
  15. Not your car, you're not a lawyer so you can't do anything. The tow company will send notice to the registered owner.
  16. I'd suggest you have an attorney in Ca review your case. 273d(a) is a felony for all purposes. It is not a wobbler and cannot be reduced to a misdemeanor. That is a fact. What may or may not have actually occurred in your case I can't say.
  17. That makes it an even bigger mess because you cannot have a 273d(a) reduced to a misdemeanor. It is a felony for all purposes. Expungment/sealing under 1203.4 does not restore gun rights and federal law prohibits anyone with a felony for owning/possessing/purchasing a firearm for life. Only a governor's pardon will restore rights. You have to live in CA for no less than 5 years before a petition to the governor for a pardon can be made.
  18. There's a few problems -- first there is no such thing as a PC 287(d). Before PC 287 was repealed and re-enacted as included in PC 286(a) it was a single paragraph with no subsections. Further that section simply defined what constituted sodomy not when it is criminal to commit it or the punishment that applies. Generally, a reduction to a misdemeanor means an application can be made to AFT to restore gun rights although they have no funding or staff to process the applications. You cannot currently apply for a pardon, which would guarantee a restoration because you have to live in CA in order to make that petition to the governor. You can't petition the governor of Idaho to do anything for a conviction that occurred in CA or any other state other than Idaho...consult counsel.
  19. Even if there is a box in either or both cars, it isn't going to have information about what color the traffic light was.
  20. LEO's in NY use several different machines, primarily Intoxilyzer models which print out results that include the time and date of the test. They are often programmed to send results off-site as well. You will need the assistance of counsel.
  21. Past due child support is owed to the custodial parent/payee, NOT the child. If there was no order for support, nobody, including the child can seek back support after the child reaches legal adulthood.
  22. Depends upon the particular machine's manufacturing specs and state law. Understand, though, that a "rising BAC" defense means you have to testify as to what you were drinking, how many, over how long a period of time and when the last drink was before you drive. You will also likely will need to hire an expert to testify regarding alcohol absorption rates, etc. Rarely does that work out well....
  23. No, it won't have any information about traffic conditions. It could, however, report the speed of the vehicle at the time of impact and deployment of airbags. You do have to go through the manufacturer to find out if there is a box. Sometimes, they'll help you find where to go to get the information downloaded but sometimes they won't. This all started years ago when some east coast rental car companies started having the boxes put into their rental cars.
  24. That is not true. More than a few of the newer cars manufactured since around 2008 forward DO have "black boxes" in them that do record some information. In some cases, only a few minutes worth but the info can be there as to the speed of a vehicle just before the airbags deploy.
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