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GuessAgain

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Everything posted by GuessAgain

  1. An officer only needs probable cause to make an arrest. When the prosecutor's office files charges, that determination is essentially verified. Being not guilty does not mean there was no cause for arrest or that you were arrested unlawfully. You admitted to driving earlier and you had been drinking. That was sufficient.
  2. Sorry, it's too late. The statute of limitations ran out long before the law changed to extend it.
  3. Yes and no. It depends upon the acts that are alleged and the age of the victim. The shortest limitations period is 8 years but it can, and often is, much longer.
  4. Medicare benefits based on retirement do not begin until a person is age 65. If you retire at age 62, you may be able to continue to have medical insurance coverage through your employer or purchase it from a private insurance company until you turn age 65 and become eligible for Medicare. Whether or not you would qualify for Medicaid depends upon your income and in part upon what state you are in.
  5. You didn't identify a state but legally you aren't entitled to any money he accrued prior to the marriage.
  6. For what purpose? It's a little tiny town on the border of 2 counties in OH that's a whopping total of 2 square miles in size with a population of less of 4000. Their website has an address and phone numbers. You can write or call but a town that small doesn't need email addresses for village government.
  7. First degree applies when you are released with a pending felony charge. If the case goes to trial, it's up to the jury to decide what the facts are and who they believe. All your statement does is inculpate you. It doesn't make your b/f innocent. Illegal possession is not the same as ownership. Possession in the criminal codes means the person had access and right of control. It doesn't have to be his stuff for him to be in possession.
  8. First, do not assume that the jury would believe you. The prosecutor will argue you have every reason in the world to lie for your b/f and he'd be right. Second, even if acquitted on the drug charges, he's still facing bail jumping. The statute is below and, as you can see, it doesn't matter whether or not the person actually had to post bail. 520.070 Bail jumping in the first degree. (1) A person is guilty of bail jumping in the first degree when, having been released from custody by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of having committed a felony, he intentionally fails to appear at that time and place. It is a class D felony which is punishable by not less than one (1) year nor more than five (5) years. With PFO determination, the punishment would be elevated to that of a class C felony which is no less that 5 and no more than 10 years. HE should be discussing this with his attorney. YOU need to speak to your own attorney.
  9. Yes the statement can be used. Cops are allowed to lie to suspects.
  10. If she's being charged criminally, she needs an attorney.
  11. Yes if the violent activity occurred on or near the premises.
  12. In order to volunteer at the school, you must undergo a background check and the conviction/s will come up. Lying about it won't help your son. The school can't broadcast it all over to children and other parents but it is a matter of public record.
  13. If today is her day, you turn the kid over no matter what time she shows up unless the court order specifically states differently. Right of first refusal simply means she's supposed to ask you before turning to a sitter. If you had said no, the child would go to a sitter and mom would be able to pick her up when she got off work no questions asked. Same rules apply when you are the sitter. Since she just started working, she probably still probationary so it's too early to even think about a modification.
  14. You're on house arrest until the court says otherwise.
  15. CCP 414.10 governs the service of the summons and all other documents in a pending action. Any person over the age of 18 who is not a party may serve documents. If you read the proof of service form, that is clearly reflected on the very first line. The attorney for either side represents a party to the action but is NOT a party themselves.
  16. Sorry, the law isn't that dictatorial. Unless you have a written contract of employment (NOT just an employee handbook) or are a union member covered by a CBA, you are an at-will employee that can be terminated at any time for no reason at all. The employer is free to require an employee to call in hours before their shift is supposed to start if they are not coming into work and the employer is likewise free to fire someone who doesn't follow that policy to the letter. Consult local counsel.
  17. http://www.senate.ga.gov/en-US/default.aspx
  18. Since I know nothing about you or your case, how would I know? I'm asking you if you checked the court website. The appeal docket It will show if an extension of time was requested and/or given and when.
  19. Have you checked the court website? It's entirely possible they asked an extension to file the response.
  20. The purpose of a reply brief is to address issues or caselaw cited in the response. If no response is filed, then there's no further briefing.
  21. Interest is calculated at 10% per annum. It's simple, not compound interest. For the amount of your judgment, if no payments have been received, it's 61.02 per month. If payments were made, you must apply them to the principal first. The daily rate of interest is .027777%. You would need to file a memorandum of costs with the court to update the amount you are now claiming is owed. You CANNOT now claim attorney's fees incurred in preparing for the suit or prior to the entry of judgment. Those had to be sought at the time of the original suit.
  22. "[T]he identity of the requesting party has no bearing on the merits of his or her FOIA request." Department of Justice v. Reporters Committee for Freedom of Press (1989) 489 U.S. 749 at 771. See also Maricopa Audubon Society, et. al. v. U.S. Forest Service (9th Circ. 1997) 108 F.3d 1082, Fn. 5.
  23. There is no local rule on this type of basic procedure. When you file a complaint, you make all your allegations. When you amend a complaint to add something, you restate the prior allegations and then add whatever it is you want to add. An amended complaint takes the place of the prior complaint as it never existed. The court might give you leeway IF you specifically said that the allegations in the initial complaint were incorporated by reference, but if you didn't do that, you'll need to file a 2d amended complaint if it's not too late.
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