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lawtalkingguy

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Everything posted by lawtalkingguy

  1. The most anybody here will be able to tell you, since we don't have access to the files, is that you would be well advised to consult a local criminal defense attorney to help you figure out what, if anything, you can or need to do in order to resolve the outstanding issues.
  2. You say your parents have a public attorney but I'm unclear what that has to do with your brother and his current case.
  3. I believe that felony battery (a third degree felony offense) carries a potential term of up to 5 years. The defendant's very long criminal record certainly would make me think that they are likely looking at significant time in custody if convicted.
  4. Start here: http://www.dshs.state.tx.us/dmd/tattoo.shtm
  5. Due to the fact that this business (and its clientele) is likely regulated by the state as well as local ordinances, I would strongly recommend that you seek out an experienced attorney for advice.
  6. A couple things: 1) I'm not familiar with the business requirements for any of New Jersey (and I don't know exactly where this business would operate) but you would definitely want to investigate local ordinances about the licensing of businesses and any requirements before spending a great deal of money or time on this idea. There might be specific rules regarding food delivery, especially when you aren't the ones who made it in the first place. There also might not be much in the way of such regulations but you would want to get a general idea first. 2) Insurance would seem to me to be a second issue that you would need to look at closely. Anytime you are having employees driving a company car there are definite risks, and that increases a bit when you are delivering food from a third party. 3) You can certainly approach fast food franchises and see if they are willing to discuss a formal relationship but my guess would be that they would decline for a host of reasons, that is if you can ever get an answer at all (instead of it being kicked up the corporate chain where it gets promptly ignored). Best of luck.
  7. Prosecutors are given wide, and nearly absolute, discretion when it comes to the charging of criminal offenses so, yes, what you describe is legal even if perhaps not "fair".
  8. Impossible to say without knowing the facts of the case, but his long criminal record certainly didn't work in his favor.
  9. In short, the answer is no but it would, somewhat, depend on the circumstances. How were you photographed and video taped? Maine is a one party state meaning that only one of the parties involved has to give consent in order for a conversation to be recorded. So as far as your questions regarding a tape recording, they would likely be admissible.
  10. You, as a private citizen, don't file criminal charges. You would need to report the activity to the police (I would contact whomever is the head of the department for obvious reasons) and let them investigate from there.
  11. Contact your ex and find out what happened to your gun would be my first recommendation.
  12. Are you asking if an inmate, apparently with psychiatric issues, has a legal right to see a Psychologist of their choosing? If so, are you talking about the Doctor visiting them in jail/prison, or are you asking if they would be allowed to leave the jail/prison to visit the Doctor?
  13. Can she sue? Yes, certainly. Whether or not she would be successful is another matter entirely and that's tough to say without knowing more about the matter. However, I would also say that the VAST majority of people who threaten to sue somebody end up not doing so and basically are full of hot air. Also, realize that any civil lawsuit of this kind who have a very small potential payout and there would almost assuredly cost more to pursue than it would be worth to her in monetary terms. So, in short, yes she could try and sue him but I think it is both highly unlikely and a poor choice business wise.
  14. Well, first of all, you as a private citizen can't "press charges". You can certainly speak with the police and/or prosecutors and request that they take action but the decision about criminal charges is solely within the prosecutors' discretion. It is also possible that you could file a civil lawsuit though I wouldn't expect that to be particularly lucrative. You are certainly free to speak with a personal injury lawyer and see what they think though.
  15. In short, you need to focus on the far more important issue first, and that is to find a new Doctor and to head off any impulses you may feel to harm yourself. Especially at this point, I wouldn't waste a moment's time or any energy even thinking about a malpractice lawsuit. Go and get the help you need first and sort everything else out later.
  16. Yes it's legal and would be, generally, admissible in court if the proper foundation was laid first. I believe this is covered under State v. Bonds, 92 Nev, 307, 550 P.2nd 409.
  17. Well, I suppose the first question would be whether or not running any business out of your neighbor's home is allowed by the rules of your town/city (believe or not, some local ordinances do prohibit such a thing). Second, I would check the local laws to see if this particular kind of business is allowed in your neighborhood since some businesses, often having to do with either "adult" material or that are dangerous in some way, are restricted in terms of where they can be located and/or zoned. I would look at those issues before I started looking into the license he is looking to obtain and seeing if he legitimately would qualify. However, please understand that there is a definite possibility (I can't say with any degree of certainty without knowing your local laws and the requirements of getting a federal license) that what he is proposing is going to be legal and that there won't be much you can do to stop it other than asking him for additional information about safety measures or to reconsider the decision entirely due to your concerns. Best of luck.
  18. I don't practice in Missouri, but generally speaking the courts will start to give a child's opinion some weight around 12 or so and increase that weight as the child gets older. That doesn't mean that they get to make that decision, just that the court will start to take their wishes into account.
  19. First, you would need to identify what state you're in, and secondly I don't know what it means to "Baker Act" someone so you would need to explain that a bit more (unless I'm in the minority here and everyone else knows what this means).
  20. Your best bet would be to speak with a local personal injury attorney who would have access to all the necessary information and be familiar with Kentucky's laws on the subject. As a side note, I certainly wouldn't take the "paper's" word or opinion on their legal obligations too seriously. The situation you are describing is exactly why such publications are highly questionable in my mind.
  21. Well...I suppose the closest thing I can think of would be a local law regarding abuse of a corpse, which would be Section 42.08 of the Texas Penal Code. Apart from that, what you've posted here suggests that you might want to seek mental health counseling to help deal with whatever is going on in your life. Best of luck.
  22. What you are contemplating steps into a complicated world (sorry for the lame joke, but it was low hanging fruit) of intellectual property rights that is difficult to give a definitive answer to without knowing more detail. In short, if you see a book published that takes place inside a fictional world/universe, it is highly likely that the book was published with the permission, or active participation, of the copyright holder of the creator. You can find a massive amount of books that take place in the Star Wars/Star Trek/Buffy the Vampire Slayer/WoW/D&D universes and they are generally either done through a granted license, or done in the hopes that the creator doesn't notice and sue for infringement. Ultimately, this would come down to how closely your story mimics distinctive elements of works that are owned by others. In other words, if your story is entirely original but simply set in a fantasy realm with dragons and orcs etc, that doesn't mean that D&D or the Tolkien Estate can sue you for infringement on that basis alone. However, the closer you get to recreating their work the harder it is going to be to argue that no infringement took place. If you do actually set your story in a named world (or a very obvious knock off that isn't done as satire) that is protected by copyright law, you are definitely raising the odds of running into considerable legal trouble. If you are serious about pursuing this, I would discuss with a local IP attorney before you invest any great deal of time, effort, or money into the undertaking. Best of luck.
  23. Thank you for your help. Lawyer of public defender I'm not quite clear what you're asking here (if indeed that is a question).
  24. Well, first thing first, you'd need to tell people what state this is taking place in.
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