Law Questions and Answers

I got myself contained by some trouble and was almost charged next to a crime.?

It was file at court and I was mortal harrassed by a detective daily. I be innocent and kept repeating myself, he told me he was sending a component to pick me up at my house, well, that never happenend. So two years after that I decided to check near the court it shows my name but no arrest warrant, it say something was file but only a warrant certainty sheet? Can anyone tell me what to be precise and what does this mean for my adjectives jobs? Is this a conviction? I never go to court, the court never sent me anything and after talking to the detective i never hear anything again. can anyone help explain?

Answers: he be trying to charge you with something but couldnt and tried to startle you so if you never went to court and you werent supposed to classification your not a faliure to appear then near wouldnt be anything on your record.

Well, I will try to rebuff the part where on earth you admit you get in some trouble and but later indicate that you be innocent and being worried by the detective. Obviously, even you yourself admit that the detective at smallest had probable create to investigate you.

That aside, you were not convicted of any crime or you would own known going on for that. Unless you were surrounded by hiding or out of the country, you would have be in court where on earth even a moderate amount of attention would have be sufficient to inform you of that fact.

Therefore, on any employment application or interview, feel free to voice that you have never be arrested for or convicted of any felonies or misdemeanors, assuming you don't hold anything else in your ancient.

You are clear. No warrant. No arrest. No court hearing. No nought! The detective was a horse's
a**.

Is there a tenet to make father or mothers have their visitation beside their children?

ok my ex husband and I have court information in place surrounded by regards to how repeatedly he is suppose to have visitation beside his children, however I am finding that I am fighting him to hang on to his set visitation with his children. Often i recieve a epistle from his new wife informing me that they can not own the children on their consented weekend as they are busy ( this obviously hurts the children and finances i often requirement to rearrange my plans as I habitually try to do something while i do not have the children)
I do not enjoy an issue with have my children, the issue comes when i wish to stir away and want to take the children near me my ex often reminds me i cant stir as he wants his visitation that weekend, however when i present him the children while i go he will debris and only want them as per court instruct.
Is there a directive that makes fathers/ mothers own their visitation as planned? as my ex is controlling my life when he continues to money when he wants his kids so i enjoy to cancel my plans to suit

Answers: it sounds similar to he is still controlling you. you should have set weekends for visitation such as every other one or absolute weekends every month so plan your getaway weekends with your kids on your weekends and if he does not approaching it to bad communicate him to wait until its his turn to see the kids. surrounded by Florida each parent have equal rights to there kids until a sort out orders different if you don't approaching the current visitation in your divorce agreement lug him back to court beside the letters as proof to how unstable he is next to his plans and have the visitation rights changed

Laws are different surrounded by every state and for a situation like this you should aim legal suggestion.

This link is to an article call "How to Find Legal Help When You Can't Afford It"

http://www.courtreference.com/court-refe...

and it lists legitimate resources for every state. One in unique you may want to check is:

WomensLaw.org
This site offers legitimate information for every state with a focus on law related to domestic violence and familial law. This site offer comprehensive legal information almost domestic violence protection instructions, family directive issues and the criminal justice system. Links to local resources are also available, including organization that offer free legitimate assistance to eligible clients.

Make sure you keep those correspondence and any other communication about this near your ex. I hope things work out for you.

How can a father get full custody of a 2 year antiquated?

I have a 2 year elderly daughter who currently lives with her mother, my ex girlfriend. I am wondering what the potential hood would be for me to get full custody. Before our daughter be born my ex had depression problems contained by which she has have to attend a health center for adjectives and marijuana usage. She used to take medication which she have stopped taking for awhile now. She won't consent to me see my daughter and we have never be to court. I willingly wages her child support and am afraid that the money I am giving her is being spent on dope. Last time my ex permit me see my daughter I picked her up and she smelt of marijuana smoke which leads me to believe she is smoking around my child. She does not own a job and is currently attending college next to support through the state. I on the other hand enjoy a 40 hour a week job, however I don't make adequate to seek greatly of professional legal proposal. What are my odds of obtain full custody if I do decide to filch her to court?

Answers: An article called "How To Find Legal Help When You Can't Afford It" is here:

http://www.courtreference.com/court-refe...

Since law are different in every state, you involve information specific to your state. The links listed surrounded by the article are to legal resources contained by every state, including:

Court Reference.com
This site has a “Courts Online” cubicle for each state that offer links to a wide mixed bag of free online legal resources, including online court forms, self-help services, trial research links, attorney referral services and links to organizations offering free or low-cost official services. This site also has a Court Directory near contact information for courts, including websites and online record dig out services.

LawHelp.org
This site mostly offers information related to civil cases, such as Divorce, Landlord-Tenant, Foreclosure, Debt Collection, Employment, Abuse Prevention, Child Custody and Child Support. Information nearly criminal cases is generally restricted to referrals to other organization, but legal information vary by state. This site also offers directories for respectively state with listings of organization that offer free decriminalized assistance.

I can not give you a percentage arbitrary of success.

However if what you enunciate is true you should have appropriate odds.

You will essentially need to prove that the child is better sour with you than beside her. Do that through finances, living conditions, school districts, your observations of drug use, her medication issues, etc.

Thank you so much for asking this excellent give somebody the third degree. Only a qualified attorney who specializes in clan law contained by your state, and is familiar next to all the law and procedures where you and your ex-girlfriend live, can supply you an honest answer to your question. There are so several details that go into evaluating a custody defence that anything someone tells you here is expected to be wrong or misleading.

You have laid out the most central facts very capably. Based on what you have observed, you know your daughter could be at some risk. It may be a terribly small risk, but it is something you need to perform on as soon as possible now that you know. Every larger city have legal aid which is free or available on a sliding ascend, and every larger city has a lump association which can put you in touch next to an attorney. Also, if legal aid cannot clutch your case, they might know how to refer you to an attorney who can. Some attorneys will give you a short consultation for free. Actually, a brief gathering free of charge is very adjectives where I used to practice. They will be candid beside you concerning your chances. Also, you may want to ask for two or three opinion. It is a very deft issue in every respect, and not even adjectives lawyers will agree on how best to proceed.

If what you are asking is whether it is almost other impossible for a Dad to obtain custody, no situation how bad the situation -- I can let somebody know you honestly that in my state, the answer is no, it is not impossible. It is not effortless, but definitely possible.

All the best to you for the holidays and New Year.

Please review the Caljic Jury instruction below regarding the necessity defense, which constituent would the defen

se which element would the defense hold difficulty proving in the following hypothetical? Why?

The defendant is departing a gay bar after have a few drinks. As he is leaving, three men who are outside of the pole threaten to hurt him because of his sexuality. The three men begin to stride towards the defendant and one of them is holding a baseball bat. The defendant is close to the entrance of the bar. The defendant become scared and next gets surrounded by his car and drives a mile where on earth he stopped by the police and arrested for DUI.

Three independent witnesses see the event and testify that they saw one man holding a bat and he was beside two other men. The defendant testifies that he be in start for his life and he would not enjoy driven but for being chased by the men. The defendant did not enjoy a cell phone on him. His blood alcohol content was .09 at the time of driving which is above the trial limit but he pass his field sobriety test and is coherent when speaking to the officer. He is charged with driving next to .08 or greater of alcohol in his blood system.

Answers: I prosecuted a luggage like this, a woman claimed that she be charged at by a man with a bat. She get in her motor and drives several blocks, where she is stopped by the police. The Court refuse to allow the caljic regarding necessity. She be convicted. I would think the best opening to handle this is try and take a plea to a wet unconsidered or even a dry one.

Now, here he is leaving by himself, beneath the influence, and going...where? To the bus, did he name a cab? Is it unreasonable to believe that he planned to drive? How independent be the witnesses? Were they at the bar. Did they ever know the defendant? And why did the bat crazed guys not go after the other three gay men?

Those are not jury instructions, they're a summary of events.

But looking at the summary, the big resist for the defense attorney is explaining why the defendent didn't retreat to the safety of the lump, since he was close to the entrance.

don't ask don't communicate...probably a few marines in that pole..try this situation. a homosexual goes to a stick. being unlucky within love and after a few drinks he gets surrounded by his car and go home to watch porn and jack rotten.nobody threatens him...being drunk and stupid he deliberately gets trailing the wheel of 2 tons of steel. he should hold taking an a-ss beating.

HIPAA Rights Violation?

a New Jersey hospital violated my HIPAA Rights. Yhey sent out my confidential information(hospital wing i was surrounded by and WHY I was man treated) to my employer(now ex-employer). What type of attorney can I speak to, civil rights? How do I find the Statute of Limitations for a HIPAA rights violation? Any info/feedback will be greatly appreciated. Thanks

Answers: Are you sure it be really a hippaa violation?

If the hospital stay have anything to do with an injury or incident that happen at work, your employer has every right to see your med annals.

Also, with some gov job during application and interview you sign a release for your medical records. In which satchel, your employer has every right to request and see them.

Also, if you be applying for sick leave, give of absence, or fmla, they enjoy a right to see the med records.

Were any of these your situation?

If not and your hippaa rights really be violated, I believe there are attorneys that specialize surrounded by hippaa laws. You necessitate to find one of those such lawyers and natter to them (check the phone book... if you cant find one call a advocate dealing with med malpractice and ask them if they can tell to you or refer someone.. most lawyers tender free consulations, too)

Also, the hippaa laws should be found somewhere around the American Medical Associations website. Or try a google search out

try looking up attorney in the ashen pages or on a street bench.or better on the other hand look behind the subsequent ambulance, there is usually a mosquito hanging close by..

I need a moral website have info almost legal of age drinking ?

in good health i need you guys support me with sume sites that i can do my research from if you know one i want any web site confer about official of age drinking ? and what you guys think nearly age drinking in U.S

Answers: I do not know what type of information you want about drinking age, so it's difficult to aid you find any sites. Additionally, doing such research shouldn't be very difficult on your own (go to a turn out engine and type in your question), so we shouldn't hold to help you.

However, since you're soliciting personal opinion, I'll throw my own in. While I individually found it very relieving to turn 21, when I look at the evidence, I realize we should angle the drinking age. The brain is not fully developed until 25, so drinking can cause severe developmental impairments if it is consumed since such an age. I'm split on this issue, however, because moderate drinking is fairly unharmful and, given evidence from Europe, it is correctly easy to show that society use alcohol in a smaller number abusive cult if allowed access to it at an earlier age. Overall, I imagine I fall down on the side of making it more accessible at an closer age since abuse, not mere use, cause far more personal and societal problems. When kids drink with their parents, they cram how to drink more moderately and will wind up hurting their brains smaller quantity than if the drinking age were raise to 25 (let us not forget that underagers tend to drink a lot harder than those of-age).

Follow the wikipedia join below for legal drinking age of lots different countries. It would be a great starting point for you.

Personally, the drinking age of 21 in the United States is fine. Lowering it subsidise to 18 would only cost more lives on our highway. It's hard satisfactory now finding responsible parents at times, making evening harder for teenagers to be any better.

Is it possible to sue the moderator of a forum for selectively enforcing the rules?

I belong to a forum run by a corporation. They own a moderator there who repeatedly ban me for minor rule infractions while allowing other forum members to catch away with alike infractions. He deletes my posts which he deem to break the rules, even though he/she have the ability/authority to edit out the sentence within question instead. It is vastly annoying to me and I am considering suing. My question is: is near a precedence for this? Also, what are my chances of leading the suit? I have loads of evidence of him/her NOT enforce the rules on other members, and all the same at the first sign of a rule infraction on my part I get hold of my post deleted and a one week exclusion..

Answers: Any lawsuit requires two things: negligence and damages.

I doubt selective enforcement would establish negligence.

You are participating in this forum voluntarily, so in attendance are no damages.

Sure you can sue them, or at least wallet suit. The more important question are, "Can you win?", and if you do, "What damages have you suffered?"

If this is a forum that you hold paid to bond, then the most I believe you could receive would be your sponsorship fees. Unless his actions own been made public contained by such a way as to publicly get on your nerves or demean you, I don't think you will know how to claim any damages to your reputation or name.

The forum, and the corporation are private entities. Aside from specific personal damages and despoliation of the law, in that isn't anything you can sue over.
There is no freedom from censorship by private entities.

Need a lawer for this,serious people single.this question is in the region of sexual harassment.?

I found myself individual sexually harassed by impossible to tell apart sex,i made a complaint,but when i went within to talk near my bosses,i was strong armed ,i feel worse about the agency i was treated ,than the sexual nuisance its self,they offerd my job,but could not consent to her go , for at tiniest 1 month,so i was expected to work along side her and newly ignore the integral thing,i refussed to do so ,it would own only escalated my anger,very soon my problem is not just around harassment,its how my atmosphere were diregaurded ,i be actually scream at .They retaliated against me ,for not reporting sooner ,but was so pissed rotten i reported it to begin near ,look i need legitimate advise,i will budge into more detail ,only if i can conversate privatly next to a person of ruling,i have numbers to bid for advise but i live within a very small place,i decieded to broaden my scrabble for legal support,please help me. THANKS KATHY A

Answers: You own identified a couple of things on which a legitimate claim can be base. First, it is entirely possible to be harassed by someone by duplicate sex - the law does not really engender much distinction whether the harasser was of indistinguishable or the other sex. Second, in decree to NOT be held liable for the harassment, your company/boss have to have a sexual stalking policy in place, and after must follow the policy once someone complains. If your employer does not respond, they can be found vicariously liable for the worker's harassment contained by certain circumstances.

Second, it is also a betrayal of Title 7, which is the federal law against sexual harassment-type nouns, to retaliate against an employee who complains of a sacrilege of the law (here, the vandalism is the worker's harassment of you). So this is a second legalized violation.

In broad, you have several possible claims for sexual discrimination. These are both Title 7 violations - the first on the principle of sex (it doesn't matter the sex of the harasser - see Oncale, a Supreme Court skin that says so), and second, the potential retaliation by the employer.

In summary, shift see a lawyer!

Edited to donate: Yep, the guy above is right. You should go to the EEOC. They will investigate your claim!

If it is sexual discrimination, verbal/physical male/female at the work place, then you are competent to go to court beside it since your bosses dont seem to be doing anything. When this happen and your boss will not fire her, then you have need of to go to court, not singular for being assulted, but for disregard from the company you work for.

I would find a lawyer immediatly and press charges against this woman and the company, since you enjoy informed the company, and they have solely made it worse, they have also become liable. As long as you do plead your crust against both of them it will be a case you can not lose.

I would bring a voice recorder contained by the next time you work and ask you boss again, that opening you can use this as evidence, and you will have no problem conquering your case.

Take your complaint to the EEOC they touch workplace harrasment.

http://www.eeoc.gov/

An article that may help you find permissible advice is:

"How To Find Legal Help When You Can't Afford It"

http://www.courtreference.com/court-refe...

It have links to legal information and other allowed resources, including links to organizations offering free legitimate assistance and referrals.

To catch a predator?

I be watching episodes of 'datelines to catch a predator' today. I don't fathom out how they can actually book these men on a phelony solitation of a minor or intent to commit lewd act with a minor when the 'decoys' are in fact not minors. How can they do this?

Answers: They intended to meet beside a minor, believed there be a minor at the house, and took positive steps to have sex beside what they thought was a minor.

Think of it this bearing: The Hope Diamond is in a museum, and the police know it is almost to be stolen, so they replace it with a worthless cup replica.

That night, the burglers appear and are caught attempting to craft off beside the glass replica.

What are the burglers guilty of? They are, as you would expect, guilty of attempting to steal the Hope Diamond. It just so happen that they were outsmarted. Of course, it must be proven that it be the hope diamond they were if truth be told attempting to steal.

In the case of "To Catch a Predator", the email conversations provide more than plenty evidence that the men are there beside the intention of committing lewd acts beside a minor, and are therefore guilty of that. (the actual mark of the crime will of course rise and fall from state to state)

They cannot be found guilty of actually committing lewd act with a minor (since the minor doesn't even exist), but they are indubitably guilty of *intent* to committ lewd acts

Intent.
If I meander into my ex's home intending to shoot her while she sleeps and do so, only subsequently to find she died earlier of a heart attack - I would still be charged because of intent.

They intended on have sex with a minor. Had and actual minor be there instead of a decoy it would be statutory rape! The more perverts rotten the street the better!

Can you serve a response to legal documents by regular post in California?

I file court papers in Family Law court on the subject of custody and had the sheriff serve my ex the papers. He file his response and served me by sending them in the e-mail. I thought that if you were serving someone by post, it had to be registered or certified post, so the person who sent it would go and get that little card back proverb you signed and received the package. Does anyone know if that is to say true or not? Is that just for serving culture out of state? I haven't opened the pack yet and am not sure if I should merely open it, or if I should return it since he didn't follow proper procedure. I can't afford an attorney so I am trying to do this on my own. Any guidance would be appreciated...unless you're going to tell me to draw from a lawyer. I know I should hold one, but just can't afford it since my loser ex doesn't discharge a dime in child support.

Answers: Please look right through cu.'s answer. In general, service by post is sufficient service of any document other than a summons contained by California (though time limits for response may be changed if service is by mail). Other forms of service are required solely if so specified by a statute. I know of no statute which requires pleadings in Family Law to be served by certified e-mail.

I think it is VERY dicey to simply ignore legalized documents, which may have a significant effect upon whether the custody result is made in your favor. Unless you know of a specific statute which prohibits the court from considering the response, which you get, because it was not sent by certified post, I would assume that the court will consider it, and if the court is going to consider it, you better know what it says.

An article call "How to Find Legal Help When You Can't Afford It" is at:

http://www.courtreference.com/court-refe...

There are a number of resources nominated that might help answer your question, including:

Court Reference.com
This site has a “Courts Online” bit for each state that offer links to a wide array of free online legal resources, including online court forms, self-help services, permissible research links, attorney referral services and links to organizations offering free or low-cost endorsed services. This site also has a Court Directory beside contact information for courts, including websites and online record prod services.

LawHelp.org
This site mostly offers information related to civil cases, such as Divorce, Landlord-Tenant, Foreclosure, Debt Collection, Employment, Abuse Prevention, Child Custody and Child Support. Information around criminal cases is generally set to referrals to other organization, but legal information vary by state. This site also offers directories for respectively state with listings of organization that offer free permissible assistance.

WomensLaw.org
This site offers legalized information for every state with a focus on law related to domestic violence and kith and kin law. This site offer comprehensive legal information going on for domestic violence protection directions, family canon issues and the criminal justice system. Links to local resources are also available, including organization that offer free permitted assistance to eligible clients.

He needs to transport it by certified mail. I purely got done going through the full family court piece. I was pleased that if I wanted to folder a response then I would call for to send it within certified mail or own someone not related to the court case serve the other do. Dont open it.Return to sender

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