If a person was charged with a felony, brought to trial, and they then plead not guilty and insist on their right to a speedy trial. Can the defendant be re-arrested for the same crime if the prosecution keeps asking the court for a continuance to find their "key" witness, but the judge then dismisses the case after giving the prosecution 160 days to go to trial?
Can the defendant be re-arrested for the same crime if the prosecution finds their key witness years later?
Answers:
Generally, no. I agree with everything the first answerer said, btw. However, there are "magic words" in a dismissal of a case. "Dismissed with prejudice" means the case can never be re-filed nor could the defendent ever be arrested for the same crime. "Dismissed withOUT prejudice" means the opposite--the defendent could be re-arrested and brought to trial. Another catch, though--if the first trial actually started and was then dismissed, the defendant is completely safe. Did the trial start? Did the prosecution voluntarily dismiss the case? Does the Order of dismissal say "with prejudice"? We need to know those facts, also. EDIT: Thanks for the details; they are sufficient to give you a definite answer. If the trial has begun, jeopardy has "attached" (legal terminology). If the case is now dismissed, it can never be re-filed. Once the trial is dismissed, it doesn't matter if the key witness if found. Also, the words "with/without prejudice" no longer matter since the trial has begun. The defendant cannot be re-arrested for the same charge.
If by brought to trial, you mean he's indicted on the felony charge...and then the judge dismisses the case due to a "not ready" answer by the People after 160 days, and the defense doesn't agree to a continuance, then no, the defendant can't be arrested for the same crime. Double jeopardy attachs.
However, that defense counsel would become infamous in whatever DA's office he screwed that prosecutor in, and he'd never get a break from the People ever again. Most defense lawyers wouldn't risk good relationships with ADAs for that.
Within the statute of limitations for that state and that offense, yes.
once the trial has begun...double jeopardy attaches and the person can not be retried again...if the government really wants the defendant.the witness can threaten to say that he was paid to remain unavailable, get off with probation, and get your client/friend with obstruction of justice, bribery, etc.
Saturday, October 31, 2009
Question about restitution for a four wheeler and court..need a quick and correct answer for my brother in law
I need to know, my fiances brother has a four wheeler that he got behind in payments on. A repo man came to take it but he didnt have it at the home so he didnt get to take it. The repo man said that if he did not bring it back that it would go to court and the people who sold it to him will seek restitution for it.
If my fiances brother does not turn it in or show up for court what can happen to him? Will he have to pay court fees? My fiance said the juge will sent it to a creaditor and they would have to pay them. Is this true??
Answers:
take it back before court save yourself the hassle went through this already still paying for it
If a Repo guy is trying to get the truck back , trust me he will eventually find it %26 take it. Even if your BF's brother parks it at the mall- Grocery Store, where ever. they will find it %26 take it.
If he does not show up for court, he has violated a court order %26 can have a warrent issued for his arrest. And he will not only have to pay his own court fees, but possibly the other parties fees as well...
If he does not show up in court, the creditor will get a default judgement against him. That will go onto his credit reports, AND the creditor will most likely garnish his wages. They will also place leins on any other property he might own. That judgement can last for decades, depending upon his state, so he won't be able to get financing in the future for a home or a vehicle, and probably won't be able to rent an apartment until he pays the money he owes.
If he does not turn over the ATV, the amount of the judgement will be higher. If he turns over the ATV, the creditor will sell it, and he will only have to repay the difference between how much he owed on it and how much they sold it for. If they don't get the ATV, they will want the total amount he owes on it.
As part of their suing him for the money he owes, the creditor will probably request that the court order him to pay for their costs in suing him. He will pay for their attorney, the filing fees for the court, and any other expenses they incurred in the collection process.
In addition, if he doesn't return the ATV, he could find himself arrested for theft since he doesn't own the ATV yet due to the loan. Those are criminal charges that could result in jail time, and legal costs.
If he returns the ATV, he won't have criminal charges. He can also present a defense to the money owed.
Oh, after they get the default judgement against him for not appearing, he's going to get another paper from the court some time in the next few month ordering him to appear in court for "interrogatories." That means that he will be ordered to come to court to give information on his assets. If he fails to go to court for this, he'll be arrested for failure to appear. That means jail time.
make the payments or give it up
If my fiances brother does not turn it in or show up for court what can happen to him? Will he have to pay court fees? My fiance said the juge will sent it to a creaditor and they would have to pay them. Is this true??
Answers:
take it back before court save yourself the hassle went through this already still paying for it
If a Repo guy is trying to get the truck back , trust me he will eventually find it %26 take it. Even if your BF's brother parks it at the mall- Grocery Store, where ever. they will find it %26 take it.
If he does not show up for court, he has violated a court order %26 can have a warrent issued for his arrest. And he will not only have to pay his own court fees, but possibly the other parties fees as well...
If he does not show up in court, the creditor will get a default judgement against him. That will go onto his credit reports, AND the creditor will most likely garnish his wages. They will also place leins on any other property he might own. That judgement can last for decades, depending upon his state, so he won't be able to get financing in the future for a home or a vehicle, and probably won't be able to rent an apartment until he pays the money he owes.
If he does not turn over the ATV, the amount of the judgement will be higher. If he turns over the ATV, the creditor will sell it, and he will only have to repay the difference between how much he owed on it and how much they sold it for. If they don't get the ATV, they will want the total amount he owes on it.
As part of their suing him for the money he owes, the creditor will probably request that the court order him to pay for their costs in suing him. He will pay for their attorney, the filing fees for the court, and any other expenses they incurred in the collection process.
In addition, if he doesn't return the ATV, he could find himself arrested for theft since he doesn't own the ATV yet due to the loan. Those are criminal charges that could result in jail time, and legal costs.
If he returns the ATV, he won't have criminal charges. He can also present a defense to the money owed.
Oh, after they get the default judgement against him for not appearing, he's going to get another paper from the court some time in the next few month ordering him to appear in court for "interrogatories." That means that he will be ordered to come to court to give information on his assets. If he fails to go to court for this, he'll be arrested for failure to appear. That means jail time.
make the payments or give it up
Question about obtaining a new driver's license?
When you move to a different state, is it required to get a new ID for the state you moved to or can you just let your current one expire then get a new one?
Answers:
It is mandatory that you obtain a new drivers license. You MUST have your current address on your drivers license and you may even receive a fine for not having it. One of the first questions a policeman will ask you after pulling you over for a traffic violation is if the address on your drivers license is current. If not, then that would be grounds for a separate citation. Your best bet, just to be on the safe side would be to go get your drivers license for the new state that you live in. It will only take an hour or so and will save you trouble later.
Moving to Texas?
New residents moving into Texas, who have a valid driver license from their home state, have 30 days after entry into the state to secure a Texas driver license. To apply for a Texas driver license, applicants will be required to:
Applicants age 18 and over with a VALID out-of-state driver license
Provide proof of Identity.
Provide proof of Social Security Number.
Provide proof of Texas vehicle registration and liability insurance, for all vehicles that you own.
Complete required forms available at any Texas Driver License office.
Pay the required fee.
Pass a vision exam.
If you have a VALID out-of-state license in your possession, it must be surrendered at the driver license office.
NOTE: If you have never been licensed or have an EXPIRED out-of-state license, you will be required to pass both the written and driving exams, in addition to a vision test.
New Nevada residents must obtain their driver license within 30 days and vehicle registration within 60 days. The fine for failing to register your vehicle is $250-$500.
I know in my state you have 90 days I believe to obtain a new one with your correct information on it..
Most states have a policy requiring you to get a new license within thirty days of moving there. The local law can really give you a hard time when they pull you over with an older license and if they sense that you're lying they'll take you to jail to post bond, rather than let you go with just posting your license. Take the time and get it done. I've lived in five states and it's not worth the headaches when you get pulled over.
This will vary depending on the state to which you moved. Most require to get a valid ID within X days (in Virginia it's 30).
I think you can hold onto the license until you become a resident of the state. Different states have different laws on becoming a resident, so this will vary from place to place. If you are going to school out of state, you don't need to, because you are resident of another state.
Answers:
It is mandatory that you obtain a new drivers license. You MUST have your current address on your drivers license and you may even receive a fine for not having it. One of the first questions a policeman will ask you after pulling you over for a traffic violation is if the address on your drivers license is current. If not, then that would be grounds for a separate citation. Your best bet, just to be on the safe side would be to go get your drivers license for the new state that you live in. It will only take an hour or so and will save you trouble later.
Moving to Texas?
New residents moving into Texas, who have a valid driver license from their home state, have 30 days after entry into the state to secure a Texas driver license. To apply for a Texas driver license, applicants will be required to:
Applicants age 18 and over with a VALID out-of-state driver license
Provide proof of Identity.
Provide proof of Social Security Number.
Provide proof of Texas vehicle registration and liability insurance, for all vehicles that you own.
Complete required forms available at any Texas Driver License office.
Pay the required fee.
Pass a vision exam.
If you have a VALID out-of-state license in your possession, it must be surrendered at the driver license office.
NOTE: If you have never been licensed or have an EXPIRED out-of-state license, you will be required to pass both the written and driving exams, in addition to a vision test.
New Nevada residents must obtain their driver license within 30 days and vehicle registration within 60 days. The fine for failing to register your vehicle is $250-$500.
I know in my state you have 90 days I believe to obtain a new one with your correct information on it..
Most states have a policy requiring you to get a new license within thirty days of moving there. The local law can really give you a hard time when they pull you over with an older license and if they sense that you're lying they'll take you to jail to post bond, rather than let you go with just posting your license. Take the time and get it done. I've lived in five states and it's not worth the headaches when you get pulled over.
This will vary depending on the state to which you moved. Most require to get a valid ID within X days (in Virginia it's 30).
I think you can hold onto the license until you become a resident of the state. Different states have different laws on becoming a resident, so this will vary from place to place. If you are going to school out of state, you don't need to, because you are resident of another state.
Question about notorization and if I'm responsible.?
I have an agreement with someone that we agreed to get notorized as a formal agreement. I drafted the agreement, he approved it via email and I went and signed two originals in front of a notary. I mailed it to him via certified mail. He is supposed to sign the two originals in front of a notary and mail one back to me. It has been several weeks, and despite my followups via phone and email, he has yet to mail me my original back with signature. Part of the agreement will come to pass in about a week. Am I liable to follow that agreement? He says he "lost" it, which I'm sure is just a bogus lie.
Does the fact that I never received my original back with signature play in my favor or is the fact that I signed it at all and it exists enough to bind me to it?
Answers:
It doesn't matter if he returns it or not. If he signs it then there is a 'meeting of the minds' and agreement sufficient to validate the 'agreement'.
Therefore, you need to disavow the agreement with a letter similar to the following:
Dear [whomever];
I have sent you the agreement (explain it's purpose and facts) on [date] and have as yet, not received a signed copy in return.
I must inform you that if such a signed and notarized copy is not returned to me on [date] I will consider your lack of action as disavowment of the aforementioned agreement and will consider the matter voided.
Sincerely,
[your name]
Send it CERTIFIED (RRR) and give him three days from receipt of your letter to act.
you have paperwork showing he never returned it, so there is NO agreement.
You are being pretty vague about what the agreement covers. An "agreement" consists of all parties signing a contract. Since this has not been done, I see no agreement on either side.
Does the fact that I never received my original back with signature play in my favor or is the fact that I signed it at all and it exists enough to bind me to it?
Answers:
It doesn't matter if he returns it or not. If he signs it then there is a 'meeting of the minds' and agreement sufficient to validate the 'agreement'.
Therefore, you need to disavow the agreement with a letter similar to the following:
Dear [whomever];
I have sent you the agreement (explain it's purpose and facts) on [date] and have as yet, not received a signed copy in return.
I must inform you that if such a signed and notarized copy is not returned to me on [date] I will consider your lack of action as disavowment of the aforementioned agreement and will consider the matter voided.
Sincerely,
[your name]
Send it CERTIFIED (RRR) and give him three days from receipt of your letter to act.
you have paperwork showing he never returned it, so there is NO agreement.
You are being pretty vague about what the agreement covers. An "agreement" consists of all parties signing a contract. Since this has not been done, I see no agreement on either side.
Question about new relationship and child support issues?
my fiance's ex wife claims that she can supena me for information regarding where i will be moving with her ex husband if i refuse to give her the information so she can hand it over to the child support contacts. is this possible? isn't it the job of the court system to find where he lives, not for me to give her the information?
Answers:
If you can give her the answers she is looking for ,, yes. If her ex is not complying with the court letting them know that he has moved or got a different job and you know the info. She can do that. Why not make it easy for yourself and tell her so she can get what needs to be done.
Don't know about all that, but why would you keep it a secret? Don't let him be a deadbeat dad.
She can file a claim for increase or change in support, if you are married your household income would need to be reported, but not used in the calcuation of support.
I think you are correct, the court would find out the needed info.
Actually, by law it is your fiancees responsibility to contact the child support office and notify them of any change in employment or address with in thirty days of the change. You are not a part of the custody situation and she can not get you involved. She can try to tell you what ever she wants but this is between her, her ex and the courts. Tell her to leave you alone, but convince your ex to do the right thing, since it could come back to haunt him and ultimately effect you in the long run.
The court system is there to help women who are raising their children without any help from the father, and to hunt down deadbeat dads.
But to answer your specific question: You COULD play hardball and refuse to give it to her, but then she can do what she told you she would -- and then, the courts would have no choice but to step in on her behalf. Then it will be much harder for you and your fiance, not to mention straining your fiance's relationship with those kids and making the whole situation worse.
Take the easier way and give her what she would find out anyway -- why make it worse on everybody, including you?
You're doing what most fiance's of baby's daddy's do, you're focusing on the mom. Think about the kids, for goodness' sake, and do what's right for them. Holding back might seem like the right thing to do to piss her off, but it won't help anything really.
Her subpoenaing you or him is how the court learns where he is moving. Your fiance can't avoid paying child support just by moving. He has to support his children.
What really disturbs me about your question is this question: If he's not going to suport his children with her, why do you think he'll support his children with you?
It is the job of the court system to find out where your fiance lives, on that account you are right, but when it comes to child support issue, the other parent (in this case, the ex-wife) can legally seek out this information if your fiance has not updated his contact information with the courts.
I am not so sure about her subpoenaing you for the information though.
You being in a relationship with her ex, has no legal bearing on child support issues. They are not your biological children, or step children (yet) so you are not legally obligated to do anything.
If you are really unsure, you should contact an attorney and get the official word on what your legal rights and obligations are.
Hope this helps.
Let her claim she can all she wants! No attorney worth their salt will ever get a "new" partner involved in something like this! They are too unpredictable on the stand. The only thing she can do is wait until AFTER you two move, then file a Motion in her local Court to obtain the information from your soon to be hubby.
Sounds like the woman is a little unstable to me. If she rants like this in Court, the Courts knows she is a little unstable.
I wouldn't worry about this, just ignore her.
Uh. why is this an issue? If the fiance has no issues and pays on time there isn't one. If there is an agreement he can't be touched if he informs the court of a move. Its no big deal.
If he moves(even to another state) and does not pay the ex can spend 30 minutes in court, put out a warrent, it will go into the system and his license will be suspended. Eventually he will get picked up somewhere.
Even if there was some sort of unfair thing with the ex thing going on one would fix it. Simple as that. Yes they would go after him but they can go after you as well to gather evidence. But again why would they if your guy is upfront and dealing with it?
So they are looking for him later and you are married. His debts are yours. Bank accounts, house, cars and everything can be siezed.. easy. So there you are with a kid and have nothing. Are you going to trust a guy who can't work this out and protect his new family.. which would be you, his new wife.
If this is going on you need to think about it.
Answers:
If you can give her the answers she is looking for ,, yes. If her ex is not complying with the court letting them know that he has moved or got a different job and you know the info. She can do that. Why not make it easy for yourself and tell her so she can get what needs to be done.
Don't know about all that, but why would you keep it a secret? Don't let him be a deadbeat dad.
She can file a claim for increase or change in support, if you are married your household income would need to be reported, but not used in the calcuation of support.
I think you are correct, the court would find out the needed info.
Actually, by law it is your fiancees responsibility to contact the child support office and notify them of any change in employment or address with in thirty days of the change. You are not a part of the custody situation and she can not get you involved. She can try to tell you what ever she wants but this is between her, her ex and the courts. Tell her to leave you alone, but convince your ex to do the right thing, since it could come back to haunt him and ultimately effect you in the long run.
The court system is there to help women who are raising their children without any help from the father, and to hunt down deadbeat dads.
But to answer your specific question: You COULD play hardball and refuse to give it to her, but then she can do what she told you she would -- and then, the courts would have no choice but to step in on her behalf. Then it will be much harder for you and your fiance, not to mention straining your fiance's relationship with those kids and making the whole situation worse.
Take the easier way and give her what she would find out anyway -- why make it worse on everybody, including you?
You're doing what most fiance's of baby's daddy's do, you're focusing on the mom. Think about the kids, for goodness' sake, and do what's right for them. Holding back might seem like the right thing to do to piss her off, but it won't help anything really.
Her subpoenaing you or him is how the court learns where he is moving. Your fiance can't avoid paying child support just by moving. He has to support his children.
What really disturbs me about your question is this question: If he's not going to suport his children with her, why do you think he'll support his children with you?
It is the job of the court system to find out where your fiance lives, on that account you are right, but when it comes to child support issue, the other parent (in this case, the ex-wife) can legally seek out this information if your fiance has not updated his contact information with the courts.
I am not so sure about her subpoenaing you for the information though.
You being in a relationship with her ex, has no legal bearing on child support issues. They are not your biological children, or step children (yet) so you are not legally obligated to do anything.
If you are really unsure, you should contact an attorney and get the official word on what your legal rights and obligations are.
Hope this helps.
Let her claim she can all she wants! No attorney worth their salt will ever get a "new" partner involved in something like this! They are too unpredictable on the stand. The only thing she can do is wait until AFTER you two move, then file a Motion in her local Court to obtain the information from your soon to be hubby.
Sounds like the woman is a little unstable to me. If she rants like this in Court, the Courts knows she is a little unstable.
I wouldn't worry about this, just ignore her.
Uh. why is this an issue? If the fiance has no issues and pays on time there isn't one. If there is an agreement he can't be touched if he informs the court of a move. Its no big deal.
If he moves(even to another state) and does not pay the ex can spend 30 minutes in court, put out a warrent, it will go into the system and his license will be suspended. Eventually he will get picked up somewhere.
Even if there was some sort of unfair thing with the ex thing going on one would fix it. Simple as that. Yes they would go after him but they can go after you as well to gather evidence. But again why would they if your guy is upfront and dealing with it?
So they are looking for him later and you are married. His debts are yours. Bank accounts, house, cars and everything can be siezed.. easy. So there you are with a kid and have nothing. Are you going to trust a guy who can't work this out and protect his new family.. which would be you, his new wife.
If this is going on you need to think about it.
Question About My Citizenship? Canada/US/Philippines?
Both my parents are Filipino. I was born in the Philippines, but when i was 5, my family and I migrated to Canada. During the 8 years of my residence in Toronto, Ontario, i became a Canadian citizen. When I was 12, my family migrated to the United States, where i currently live. I'm a permanent resident here in California -- legal status. My family plans to apply for US citizenship next year.
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I was wondering.. If i do become a US citizen, am i considered a dual or tri citizen? Will Canada still recognize me as a Canadian? Can i still use my canadian passport once im a US citizen?
im just wondering. thank you in advance.
Answers:
Yes, you will be a tri citizen. Canada and the US allow multiple citizenship, I'm not sure about the Philippines. Each country will have restrictions on their passport, which you must follow. For example, if you fly into the US you will be required to use only the US passport. Elsewhere, you can use whichever one is most convenient or is required by local law.
Okay I just have to say the whole multiple citizenship thing irritates the hell out of me. Choose where you want to be and be a citizen but the whole acecard up your sleeve is bullshit! If a person applies for canadian citizenship then leaves and gets citizenship in the us and then wants to come back - they should be required to reapply back at the end of the line (and vice versa) no more of this revolving door policy crap - its a drain on resources unless while u are a us citizen u plan to contribute taxes to the canadian govt every year. (or vice versa for the ones who do the us first then come here)
Although I'm sure you have no nefarious plans for your tri citizenship to me it is a loophole fraught with fraud and abuse, and there is no reason to hold multiple passports to pick and choose which one to use - unless someone is attempting to hide things.
Yes, you are allowed to have multiple citizen ships' but, I'm not sure if there is a limit as to how many are allowed. Because of the ongoing terrorism problems, the laws may have changed in regards to this.
You abandon your Canadian Citizenship when you become an American.
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I was wondering.. If i do become a US citizen, am i considered a dual or tri citizen? Will Canada still recognize me as a Canadian? Can i still use my canadian passport once im a US citizen?
im just wondering. thank you in advance.
Answers:
Yes, you will be a tri citizen. Canada and the US allow multiple citizenship, I'm not sure about the Philippines. Each country will have restrictions on their passport, which you must follow. For example, if you fly into the US you will be required to use only the US passport. Elsewhere, you can use whichever one is most convenient or is required by local law.
Okay I just have to say the whole multiple citizenship thing irritates the hell out of me. Choose where you want to be and be a citizen but the whole acecard up your sleeve is bullshit! If a person applies for canadian citizenship then leaves and gets citizenship in the us and then wants to come back - they should be required to reapply back at the end of the line (and vice versa) no more of this revolving door policy crap - its a drain on resources unless while u are a us citizen u plan to contribute taxes to the canadian govt every year. (or vice versa for the ones who do the us first then come here)
Although I'm sure you have no nefarious plans for your tri citizenship to me it is a loophole fraught with fraud and abuse, and there is no reason to hold multiple passports to pick and choose which one to use - unless someone is attempting to hide things.
Yes, you are allowed to have multiple citizen ships' but, I'm not sure if there is a limit as to how many are allowed. Because of the ongoing terrorism problems, the laws may have changed in regards to this.
You abandon your Canadian Citizenship when you become an American.
Question about law. What are my odds?
Have been living with this man for almost 3 years now. The relationship has been on and off from the first day. Yes, I know I should have left long time ago but it is not all that easy when you leave your job and bring all your furniture, let out your flat, etc, etc.
He has asked me to leave many times but has also asked me to stay many times. All of a sudden, I get a letter from his solicitor giving me 4 weeks to leave as 'reasonable time'. I talk with 'my partner' and askes him to stay longer as I have the tenants (according with the law you have to serve them 2 mths notice) and am going thru medical treatment in this area so would like to finish it be4 moving away. He asks me to forget about the letter and all is fine again. After 3 wks, he wants me to leave again and denies having said the 'forget about the letter'. He gets more and more obsessed and starts opening my emails, listening to my ph conversations. I tell him to stop. We have a row and he strangles me.
Answers:
This guy is nuts. If the "leave" "don't leave" bit was not enough to convince you of this then the second he put his hands on you in anger should have been. Now he's obsessing? How many warning signs do you need?
Get out now! - Not because of his lawyers letter but because you have self respect and no desire to be murdered. (After all, your medical treatment in the area is not going to be worth a damn if your dead.)
Not only get out now - run away as far from this nut job as you can and never look back.
Move out, put your stuff in storage and crash on a friends couch until your place is vacant again.
Good luck.
HE HAS ASSAULTED YOU,YOU ALSO HAVE COMMON LAW WIFE RIGHTS,HE HAS COMMITTED AN OFFENCE BY OPENING YOUR MAIL, NEED I GO ON ,GET DOWN TO THE CITIZENS ADVICE OFFICE AND TAKE IT FROM THERE ,BUT DO,NT MOVE OUT, IF HE GETS VIOLENT GET THE POLICE,DO,NT THREATEN IT,GET THEM.
As for the law, it sounds like it is on your side. Follow the advice above.
But as for your personal morality, it sounds as if you have been ignoring this guy's signals for a long time. He has wanted you out of his life for ages and you have just kept pushing in the opposite direction. He's at the end of his tether.
LET HIM GO.
I necessary let them start proceedings it will take months.
HE does not require to start any proceedings at all when the day comses the deadline date he as given you if you dont leave he will just get the police to come and escort you of the property you have no rights in law re the tenancy and you also have no actual common law rights at all. if it is house and he doesnt want you there you are a tresspasser and you can be removed. you have been CO-HABITING and you have no rights at all. leave the property when told take no notice of
anybody who says you have tenancy rights you have **** whole rights. in fact if you refuse to leave you may be arrested
from the sounds of things he will be well rid of you.
YOU HAVE NO LAWFUL RIGHT TO STAY IN THE HOUSE OR FLAT IF THE OWNER DOES NOT WANT YOU THERE BELIEVE ME COMMON LAW RIGHTS DO NOT EXIST YET
jed slade you have not got a clue what you are talking about
stillooking9696 you are the same completley clueless it is HIS HOUSE NOT HERS
Go to the courthouse and ask them to help you file for a "Petition for Injunction" It is a protection order. They can waive the fee to file if your income is low but I suggest that you pay for it. Bring copies of the police report and file a complaint. His soliciter should also be included if he is harassing you at this time. You can actually ask for a no contact order from the judge that prevents either of them from contacting %26 threatening you. By the time everything is said and done your tenants should be moved out by then and you can safely move. Don't drop your complaint..continue to participate as you may need it in the future. AND please don't let him talk you into putting yourself BACK in that position again. He is just trying to manipulate you to get his way about one thing or the other. He wants to see you cry and beg to stay..while he continues with his abuse(verbal or otherwise) Get the hell out of there and get that protection order.
You'll get some wild and fanciful (and therefore dangerous) advice on here. You need proper legal advice. Go and see a solicitor, most will give you the first interview free.
i suggest you get the hell out of there, or things might turn really nasty
He has asked me to leave many times but has also asked me to stay many times. All of a sudden, I get a letter from his solicitor giving me 4 weeks to leave as 'reasonable time'. I talk with 'my partner' and askes him to stay longer as I have the tenants (according with the law you have to serve them 2 mths notice) and am going thru medical treatment in this area so would like to finish it be4 moving away. He asks me to forget about the letter and all is fine again. After 3 wks, he wants me to leave again and denies having said the 'forget about the letter'. He gets more and more obsessed and starts opening my emails, listening to my ph conversations. I tell him to stop. We have a row and he strangles me.
Answers:
This guy is nuts. If the "leave" "don't leave" bit was not enough to convince you of this then the second he put his hands on you in anger should have been. Now he's obsessing? How many warning signs do you need?
Get out now! - Not because of his lawyers letter but because you have self respect and no desire to be murdered. (After all, your medical treatment in the area is not going to be worth a damn if your dead.)
Not only get out now - run away as far from this nut job as you can and never look back.
Move out, put your stuff in storage and crash on a friends couch until your place is vacant again.
Good luck.
HE HAS ASSAULTED YOU,YOU ALSO HAVE COMMON LAW WIFE RIGHTS,HE HAS COMMITTED AN OFFENCE BY OPENING YOUR MAIL, NEED I GO ON ,GET DOWN TO THE CITIZENS ADVICE OFFICE AND TAKE IT FROM THERE ,BUT DO,NT MOVE OUT, IF HE GETS VIOLENT GET THE POLICE,DO,NT THREATEN IT,GET THEM.
As for the law, it sounds like it is on your side. Follow the advice above.
But as for your personal morality, it sounds as if you have been ignoring this guy's signals for a long time. He has wanted you out of his life for ages and you have just kept pushing in the opposite direction. He's at the end of his tether.
LET HIM GO.
I necessary let them start proceedings it will take months.
HE does not require to start any proceedings at all when the day comses the deadline date he as given you if you dont leave he will just get the police to come and escort you of the property you have no rights in law re the tenancy and you also have no actual common law rights at all. if it is house and he doesnt want you there you are a tresspasser and you can be removed. you have been CO-HABITING and you have no rights at all. leave the property when told take no notice of
anybody who says you have tenancy rights you have **** whole rights. in fact if you refuse to leave you may be arrested
from the sounds of things he will be well rid of you.
YOU HAVE NO LAWFUL RIGHT TO STAY IN THE HOUSE OR FLAT IF THE OWNER DOES NOT WANT YOU THERE BELIEVE ME COMMON LAW RIGHTS DO NOT EXIST YET
jed slade you have not got a clue what you are talking about
stillooking9696 you are the same completley clueless it is HIS HOUSE NOT HERS
Go to the courthouse and ask them to help you file for a "Petition for Injunction" It is a protection order. They can waive the fee to file if your income is low but I suggest that you pay for it. Bring copies of the police report and file a complaint. His soliciter should also be included if he is harassing you at this time. You can actually ask for a no contact order from the judge that prevents either of them from contacting %26 threatening you. By the time everything is said and done your tenants should be moved out by then and you can safely move. Don't drop your complaint..continue to participate as you may need it in the future. AND please don't let him talk you into putting yourself BACK in that position again. He is just trying to manipulate you to get his way about one thing or the other. He wants to see you cry and beg to stay..while he continues with his abuse(verbal or otherwise) Get the hell out of there and get that protection order.
You'll get some wild and fanciful (and therefore dangerous) advice on here. You need proper legal advice. Go and see a solicitor, most will give you the first interview free.
i suggest you get the hell out of there, or things might turn really nasty
Question about insurance claim that is untrue?
Someone claimed that a freind of mine hit their car and drove away. however, she was not in the car that day, and has witnesses to prove it! Her insurance company said that the other driver of the car had plently of evidence (description and number plate!). We think that they saw her car the next day and took down her number plate thinking it was the same style as the one that hit them. Her insurance company sent her a letter saying that they were going to pay out! She is obviously arguing this tooth and nail, as she has 5 years no claim. Have any of you had similar experiences or any advice?
She has asked her insurears to send someone out to check her car, as it has no damage at all.
Answers:
Tell her to contact the Insurance Ombudsman and also to send a letter to her insurers stating that she is in no way responsible , that she is contacting the Insurance Ombudsman with her complaint and that she does not want them to settle the claim - tell her to keep copy of the letter and send this with complaint to the Insurance Ombudsman along with witnessed statements that to say she was not driving her car that day - she could also go to the Citizens Advice as they may be able to help as well - she could also go to a Solicitor who gives advice free for an initial interview - good luck
tell her to contact the police as it is obviously fraud and let them deal with it!
Go to the police and report a criminal offence of fraud, it will be sorted out quickly!
Since she would suffer a financial loss if the insurance company paid out, she has the option of complaining to the Financial Ombudsman (but she'll have to join a long queue).
For the insurance company it may be cheaper to pay the black mail rather than fight it. She can sue her insurance co if they raise her rate -- expensive, tough to prove. If my insurance co did this when the policy was up for renewal I would find another insurer.
was this witness so called ,witnessed this incedent have any other info eg photo's or any other evidence...
does your friend pass any cctv systems or cameras that reconise her or her car or car park systems that will back up her claim,
this will help to clear her name as this other person is acting fraudulant...
and i would take her to civil court if you can!!!
if she hit this other car would her car NOT be Damaged!!
I agree with the others here. Tell the police that someone is committing fraud. However, your friend should NOT tell the police that it is she being defrauded because if she does they will do nothing of any consequence. If she tells them that it is the insurance company that will be the victim, which is the truth, she'll find that they won't be able to move fast enough or get enough volunteers to score some smartie points.
Sorry, but I have a dim view of the police, based on bitter experience of dealing with the Hampshire Constabulary, when it comes to them being asked to assist private individuals.
She has asked her insurears to send someone out to check her car, as it has no damage at all.
Answers:
Tell her to contact the Insurance Ombudsman and also to send a letter to her insurers stating that she is in no way responsible , that she is contacting the Insurance Ombudsman with her complaint and that she does not want them to settle the claim - tell her to keep copy of the letter and send this with complaint to the Insurance Ombudsman along with witnessed statements that to say she was not driving her car that day - she could also go to the Citizens Advice as they may be able to help as well - she could also go to a Solicitor who gives advice free for an initial interview - good luck
tell her to contact the police as it is obviously fraud and let them deal with it!
Go to the police and report a criminal offence of fraud, it will be sorted out quickly!
Since she would suffer a financial loss if the insurance company paid out, she has the option of complaining to the Financial Ombudsman (but she'll have to join a long queue).
For the insurance company it may be cheaper to pay the black mail rather than fight it. She can sue her insurance co if they raise her rate -- expensive, tough to prove. If my insurance co did this when the policy was up for renewal I would find another insurer.
was this witness so called ,witnessed this incedent have any other info eg photo's or any other evidence...
does your friend pass any cctv systems or cameras that reconise her or her car or car park systems that will back up her claim,
this will help to clear her name as this other person is acting fraudulant...
and i would take her to civil court if you can!!!
if she hit this other car would her car NOT be Damaged!!
I agree with the others here. Tell the police that someone is committing fraud. However, your friend should NOT tell the police that it is she being defrauded because if she does they will do nothing of any consequence. If she tells them that it is the insurance company that will be the victim, which is the truth, she'll find that they won't be able to move fast enough or get enough volunteers to score some smartie points.
Sorry, but I have a dim view of the police, based on bitter experience of dealing with the Hampshire Constabulary, when it comes to them being asked to assist private individuals.
Question about funeral?
My Father In-law passed away yesterday and I have to make a bunch of arrangments and all kinds of stuff, I have never had anyone close to me pass away. Anyway I was wondering if anyone could help me. We are having the funeral tomorrow and the service on Friday I ordered food for Friday as I know people come back to the house but do I have to order food for tomorrow night will people be coming back to the house I am not sure what to expect and what to do. Please help
Answers:
I am sorry to hear of your loss. ... Most often it's just family and close friends that come to the house after the funeral. You could ask someone on your husbands side what their family tradition has been. Also ask your Mom or other persons in your family for info on how it's been done before.
Let family traditions guide your decision on when and who comes to the house. ... In some 'customs' friends or people who attend the same church bring food for any drop-ins after the funeral. ... You might even ask the pastor of the church or the church secretary for input.
Good luck. I am sure what you decide on will come off well.
the funeral is very quick, so I will assume only close family will be attending.....usually there is the return to home after the funeral, where small finger foods and tea coffee etc would be expected.
to be honest I would liaise with the funeral home as to what is the norm as I am from the UK and we do funerals a bit different..so that's going to cause a few problems later on I know.
am so VERY sorry for your loss, hope that you husband and his mum are doing as well as they can be at this time.
oh and now is the time to call on any friends you have, so they can do some of the donkey work in the back ground whilst you are making all these arrangements.
regards
I'm sorry about your father-in-law, but this totally has nothing to do with law or ethics.
Order food for the funeral and the service. People get hungry when they're in mourning.
I'm sorry to hear about your father-in-law passing. I imagine it must not be the easiest time for you and your family. You have my sincere condolences.
As far as food goes, I don't think it would hurt to have food prepared for tomorrow night. You probably will have people come over for prayers and so on (depending on your religious beliefs). At least you will be prepared. Also, maybe you could contact your funeral home and they can talk you through the process. Other than that, you don't need to expect too much, just people sitting around, probably sharing a meal and talking.
I wish you the best for tomorrow and Friday.
God Bless
You mention funeral and service on two different days. In my experience, it would be the viewing of the body, first, and the funeral service the next day. You may choose to invite people back on both evenings, but usually just after the funeral, second day, are you expected to. My condolences, and take care. By the way, funeral homes have resources and written material for any other information you may require.
When my Grandmother passed away we had the visitation one night, and then the funeral the following day. The food was served at the church after the funeral(day 2). I wouldnt think you need to supply food for both days, but that is entirely up to you. Im sorry to hear about your loss.
You indicate you are having funeral tomorrow:
and the service the next day??What is the service you are referring to? Is this Jewish? Catholic? Non-church related? Will you have a minister or what will funeral involve? Need more info to answer your question:
Usual procedure in Midwest USA is
Funeral:
Followed by burial service at cemetery immediately.
Followed by family and close friends gathering at home, church facility or elsewhere for family visitation with each other. Food most often is provided by host (where family will gather) and if church related, most often church members provide-refreshments-light snacks etc.
Sometime people will bring you food. It is impossible to plan these things.
Answers:
I am sorry to hear of your loss. ... Most often it's just family and close friends that come to the house after the funeral. You could ask someone on your husbands side what their family tradition has been. Also ask your Mom or other persons in your family for info on how it's been done before.
Let family traditions guide your decision on when and who comes to the house. ... In some 'customs' friends or people who attend the same church bring food for any drop-ins after the funeral. ... You might even ask the pastor of the church or the church secretary for input.
Good luck. I am sure what you decide on will come off well.
the funeral is very quick, so I will assume only close family will be attending.....usually there is the return to home after the funeral, where small finger foods and tea coffee etc would be expected.
to be honest I would liaise with the funeral home as to what is the norm as I am from the UK and we do funerals a bit different..so that's going to cause a few problems later on I know.
am so VERY sorry for your loss, hope that you husband and his mum are doing as well as they can be at this time.
oh and now is the time to call on any friends you have, so they can do some of the donkey work in the back ground whilst you are making all these arrangements.
regards
I'm sorry about your father-in-law, but this totally has nothing to do with law or ethics.
Order food for the funeral and the service. People get hungry when they're in mourning.
I'm sorry to hear about your father-in-law passing. I imagine it must not be the easiest time for you and your family. You have my sincere condolences.
As far as food goes, I don't think it would hurt to have food prepared for tomorrow night. You probably will have people come over for prayers and so on (depending on your religious beliefs). At least you will be prepared. Also, maybe you could contact your funeral home and they can talk you through the process. Other than that, you don't need to expect too much, just people sitting around, probably sharing a meal and talking.
I wish you the best for tomorrow and Friday.
God Bless
You mention funeral and service on two different days. In my experience, it would be the viewing of the body, first, and the funeral service the next day. You may choose to invite people back on both evenings, but usually just after the funeral, second day, are you expected to. My condolences, and take care. By the way, funeral homes have resources and written material for any other information you may require.
When my Grandmother passed away we had the visitation one night, and then the funeral the following day. The food was served at the church after the funeral(day 2). I wouldnt think you need to supply food for both days, but that is entirely up to you. Im sorry to hear about your loss.
You indicate you are having funeral tomorrow:
and the service the next day??What is the service you are referring to? Is this Jewish? Catholic? Non-church related? Will you have a minister or what will funeral involve? Need more info to answer your question:
Usual procedure in Midwest USA is
Funeral:
Followed by burial service at cemetery immediately.
Followed by family and close friends gathering at home, church facility or elsewhere for family visitation with each other. Food most often is provided by host (where family will gather) and if church related, most often church members provide-refreshments-light snacks etc.
Sometime people will bring you food. It is impossible to plan these things.
Question about entering for default in a divorce?
It's been 30 days since my husband was served and he hasn't signed our divorce papers. I just entered for default today since he hasn't signed and I was told that they send it in for approval and also there's a possibility of it being rejected. On what grounds would they reject it? Any insight on this is appreciated.
Thank you
Answers:
The judge has to make a determination about whether it is proper.
He/She cannot just give you something because you asked for it. Especially if children are involved.
When my husband adopted my child, the bio father didn't respond to the papers. We were given a default judgement because of his lack of response. Generally, someone served these kinds of papers are given x amount of time to contest, and then a default judgement is entered. The default could be rejected if the judge has any doubts that your soon to be ex got the paperwork, or if children are involved, he may decide to extend the deadline. Sooner or later though, they have to give you a divorce, whether your husband signs or not.
Thank you
Answers:
The judge has to make a determination about whether it is proper.
He/She cannot just give you something because you asked for it. Especially if children are involved.
When my husband adopted my child, the bio father didn't respond to the papers. We were given a default judgement because of his lack of response. Generally, someone served these kinds of papers are given x amount of time to contest, and then a default judgement is entered. The default could be rejected if the judge has any doubts that your soon to be ex got the paperwork, or if children are involved, he may decide to extend the deadline. Sooner or later though, they have to give you a divorce, whether your husband signs or not.
Question about employment?
I have just started working as a vet tech at a low budget hospital, I signed no paper work before working and really had no idea i got the job until one of the doctors said "see you monday", I have no previous experience as a vet tech and I think it is a little odd that I am offered no manuals or anything to read, I am also getting paid with company cashier checks and not getting a pay stubb along with it, though i am keeping track of my hours. I have recently worked at a vet hospital as a receptionist for a year and a half and that one was not at all scared of the DEO. I do not wish to get my company in trouble i just think there is something fishy going around, thanks for any info anyone has to give
Answers:
Chances are something fishy is going on. You don't state where you are at, but most States require you to get a pay stub indicating any and all deductions.
I would ask for the stub -- say you need it to get a loan or something. If they are not required to provide you one, make them prove it.
And start looking elsewhere for a job -- and hey, you are now an experienced vet tech.
It's a small operation, use it as an opportunity to learn and get certified.
Answers:
Chances are something fishy is going on. You don't state where you are at, but most States require you to get a pay stub indicating any and all deductions.
I would ask for the stub -- say you need it to get a loan or something. If they are not required to provide you one, make them prove it.
And start looking elsewhere for a job -- and hey, you are now an experienced vet tech.
It's a small operation, use it as an opportunity to learn and get certified.
Question about ebay scams, what sould i do??
I have a friend who is selling things on ebay. She isnt really selling anything too expensive, mostly just clothing. But the thing is, she is scamming a lot of people, taking thier money and usually not sending the item. My first question is do you think i should tell someone, like the police, or notify ebay. I feel really bad for the people getting scammed. Also how much trouble could she get in? She said police wont get involved because it would be a civil suit, and the people would have to sue her for their money. She said they wont ever do this cuz it would cost a lot more to sue than what they actually paid for the item. I would just really like some opinions on what i should do??
Answers:
She can be charged with internet fraud and with theft. She can say no one will sue her,but she shouldn't be so sure of herself. I am dealing with this now. My son got ripped off on a $135.00 item on ebay. This person sold the same product to 9 people on the same day,none of us have received it after a month. My son is going in this week to file the court papers to sue to get his money back. Of course it will cost almost as much as the money he lost,but money isn't the point. This person committed theft and should be held accountable.
What you should do is tell your friend she needs to stop stealing from people before it lands her in jail.
I think that she will get negative feedback which future buyers can see and nobody will buy from her anymore.
EBay has a seller rating. If she hasn't shipped items, eventually she will have a really bad rating and people are less likely to do business with her. On the eBay site, there is a link to "contact us." Write them an email and give them the "heads-up."
As far as your friend is concerned, this episode speaks volumes about her character. As she has scammed others, she will scam you too! Run as fast as you can.
Your friend is a thief, and committing crimes that the police can and will eventually investigate.
notifying EBay is A-must, another thing i will do is to report to FBI, they have the Internet Crime Complaint Center (IC3) is a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C). Don't think they wouldn't do anything, if a lot of people complaint to the same guy than this will capture FBI attention and see who gets caught. the website is http://www.ic3.gov/
So, if you are being cheated in EBay , don't hesitate to file complaint.
At first I think I'd try to talk into that person to make him or her stop acting criminal. What would she feel if someone did the same to her or her family and friends? But if he or she didn't stop, that person is not my friend anymore, and I wouldn't hesitate to inform the police.
Answers:
She can be charged with internet fraud and with theft. She can say no one will sue her,but she shouldn't be so sure of herself. I am dealing with this now. My son got ripped off on a $135.00 item on ebay. This person sold the same product to 9 people on the same day,none of us have received it after a month. My son is going in this week to file the court papers to sue to get his money back. Of course it will cost almost as much as the money he lost,but money isn't the point. This person committed theft and should be held accountable.
What you should do is tell your friend she needs to stop stealing from people before it lands her in jail.
I think that she will get negative feedback which future buyers can see and nobody will buy from her anymore.
EBay has a seller rating. If she hasn't shipped items, eventually she will have a really bad rating and people are less likely to do business with her. On the eBay site, there is a link to "contact us." Write them an email and give them the "heads-up."
As far as your friend is concerned, this episode speaks volumes about her character. As she has scammed others, she will scam you too! Run as fast as you can.
Your friend is a thief, and committing crimes that the police can and will eventually investigate.
notifying EBay is A-must, another thing i will do is to report to FBI, they have the Internet Crime Complaint Center (IC3) is a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C). Don't think they wouldn't do anything, if a lot of people complaint to the same guy than this will capture FBI attention and see who gets caught. the website is http://www.ic3.gov/
So, if you are being cheated in EBay , don't hesitate to file complaint.
At first I think I'd try to talk into that person to make him or her stop acting criminal. What would she feel if someone did the same to her or her family and friends? But if he or she didn't stop, that person is not my friend anymore, and I wouldn't hesitate to inform the police.
Question about DUI and court?
A friend of mine was pulled over a few weeks ago for suspected DUI. He was taken back to the police station where no sobriety test or even breathalyser was given until several HOURS after he had been brought back to the station.
Now correct me if I am wrong, Alcohol intensifies with elapsed time, and seeing as he very well could have blown a small amount over the limit at the time he got pulled over those several hours could have made it look like he was totally intoxicated.
He is not denying what he did was wrong and will take full responsibility for his actions, but doesn't want to have to take the punishment for a reading that could be inaccurate.
He has an attourney but wants to make sure that this is worth the fight before doing it.
So is it true that the longer that alcohol sits in your system the higher the blood alcohol level will be?
Answers:
No, your liver cleans your blood, so Alcohol levels actually DROP over time. They were probably trying to do him a favor by waiting. If his test showed totally intoxicated several hours later, then he would have been absolutely wasted when they took him down to the station.
To a point, then it of course dissipates...but if you're looking for sympathy, because he wasn't "drunk enough" when he got pulled over, but WAS "drunk enough" later, I think you're barking up the wrong tree...he should take his medicine and stop driving when he's drinking.
Depending on how much and when he drank, what he had to eat, and other factors, his blood alcohol level may have gone up or down. Really depends on the situation.
If it was several hours the level would have been slipping down not up.
Possibly. There is a calculation called retrograde extrapolation that attempts to determine prior blood alcohol levels from the time of the test to the time of the event (the stop and arrest). The bac (blood alcohol content) could be higher or lower at the time of the test, depending on various factors such as absorption, elimination and metabolism.
Hope this helps. Good luck.
It is not true the longer that alcohol remains in your system the higher the blood alcohol level will be. Any truth to the statement would be literally in the "moments" after the drink was taken not 2 hours later - at which point it steadily reduces its blood %26#92; alcohol level.
Yes it does, it takes some time for alcohol to be absorbed into the blood. It basically goes on a curve from the beggining of alcohol consumption to some time after ceasing to consume. It is a common tatic used by defense attorneys when no roadside test is administered.
In this case however, his alcohol absorption and therefore blood alcohol content would certainly be on the decline several hours later.
Check out this link:
http://www.criminal-lawyer.on.ca/alcohol...
Another factor would be whether the person ate before, during or after drinking.
Well you cant use pollution so find something else I could right them 3 ticket's right off the bat.
Now correct me if I am wrong, Alcohol intensifies with elapsed time, and seeing as he very well could have blown a small amount over the limit at the time he got pulled over those several hours could have made it look like he was totally intoxicated.
He is not denying what he did was wrong and will take full responsibility for his actions, but doesn't want to have to take the punishment for a reading that could be inaccurate.
He has an attourney but wants to make sure that this is worth the fight before doing it.
So is it true that the longer that alcohol sits in your system the higher the blood alcohol level will be?
Answers:
No, your liver cleans your blood, so Alcohol levels actually DROP over time. They were probably trying to do him a favor by waiting. If his test showed totally intoxicated several hours later, then he would have been absolutely wasted when they took him down to the station.
To a point, then it of course dissipates...but if you're looking for sympathy, because he wasn't "drunk enough" when he got pulled over, but WAS "drunk enough" later, I think you're barking up the wrong tree...he should take his medicine and stop driving when he's drinking.
Depending on how much and when he drank, what he had to eat, and other factors, his blood alcohol level may have gone up or down. Really depends on the situation.
If it was several hours the level would have been slipping down not up.
Possibly. There is a calculation called retrograde extrapolation that attempts to determine prior blood alcohol levels from the time of the test to the time of the event (the stop and arrest). The bac (blood alcohol content) could be higher or lower at the time of the test, depending on various factors such as absorption, elimination and metabolism.
Hope this helps. Good luck.
It is not true the longer that alcohol remains in your system the higher the blood alcohol level will be. Any truth to the statement would be literally in the "moments" after the drink was taken not 2 hours later - at which point it steadily reduces its blood %26#92; alcohol level.
Yes it does, it takes some time for alcohol to be absorbed into the blood. It basically goes on a curve from the beggining of alcohol consumption to some time after ceasing to consume. It is a common tatic used by defense attorneys when no roadside test is administered.
In this case however, his alcohol absorption and therefore blood alcohol content would certainly be on the decline several hours later.
Check out this link:
http://www.criminal-lawyer.on.ca/alcohol...
Another factor would be whether the person ate before, during or after drinking.
Well you cant use pollution so find something else I could right them 3 ticket's right off the bat.
Question about driving liecence?
what is the law about some one who is banned from driving in a marrage name and getting a provisional in there proper birth name
Answers:
If you are banned you are banned from holding a driving licence inform police.
If you're banned from driving then you are banned, full stop. You will get in trouble if you try to get a provisional in your maiden name, that is fraud; the reason for the ban still exists whether you change your name or not.
makes no difference your still banned and if your caught you would also be charged with fraud
and fraudulent use of a driving licence
Your name is your name, if your name has been changed recently the questionaire contains a section that ask you to give the details.
they are still banned and not allowed to get a provisional
There is always a reason to why did you get banned.
Answers:
If you are banned you are banned from holding a driving licence inform police.
If you're banned from driving then you are banned, full stop. You will get in trouble if you try to get a provisional in your maiden name, that is fraud; the reason for the ban still exists whether you change your name or not.
makes no difference your still banned and if your caught you would also be charged with fraud
and fraudulent use of a driving licence
Your name is your name, if your name has been changed recently the questionaire contains a section that ask you to give the details.
they are still banned and not allowed to get a provisional
There is always a reason to why did you get banned.
Question about custody?
I have sole custody and decision making for my 3 children and would like to move out of state. Do I need to go back to court to do so or can I just move? I live in Colorado.
Answers:
I have sole custody of my daughter. I moved from Michigan to Arkansas. Never had a problem. If your papers do however state that you have to notify the court.. then do it.. Call and ask your old attorney to make sure.
You can move your chidren at your will if you are the sole custodial parent. Unless it is otherwise stated in your custody agreement. The only exception to this would be if you are under the juridiction of Child Protective Services because of some incident
No you don't need to because you are the legal guardian...
END OF STORY
Do you have sole custody or legal guardianship with joint custody? I know that if it's joint custody then you can't legally just move out of state.
As long as the father has visitation rights, you MUST state to the clerk of the court or to the father that you are moving out of state! Also the court could might have to mediate the terms of custody changing your rights for sole custody to joint custody to allow the father time with his children.
Answers:
I have sole custody of my daughter. I moved from Michigan to Arkansas. Never had a problem. If your papers do however state that you have to notify the court.. then do it.. Call and ask your old attorney to make sure.
You can move your chidren at your will if you are the sole custodial parent. Unless it is otherwise stated in your custody agreement. The only exception to this would be if you are under the juridiction of Child Protective Services because of some incident
No you don't need to because you are the legal guardian...
END OF STORY
Do you have sole custody or legal guardianship with joint custody? I know that if it's joint custody then you can't legally just move out of state.
As long as the father has visitation rights, you MUST state to the clerk of the court or to the father that you are moving out of state! Also the court could might have to mediate the terms of custody changing your rights for sole custody to joint custody to allow the father time with his children.
Question about credit card settlement?
i received a letter from a credit card company that i owe $1800 dollars to. The interest rate is 28%..i have owed them money since i got the thing when i was 18.im now 24 and the balance has almost doubled..i get charged over the limit fees each month and everything.i cut this card up years ago and never got another one.they sent me a letter kuz i was 2 mths late and they offered a settlement amount of $987.Well i had sent a payment after this letter went out but before i received it.I spoke with a lady 2 days ago that knew this and she said thats fine,they can still do it.So i borrowed the $987 from mom and called today to pay..now im being told they cant do it because my acct is current,wen they told me 2 days ago they could.im so upset and i hav a baby on the way and i want this gone.How can they tell me one day its ok and then wen i actually got the money now i cant do it all of a sudden?i said "well if i just wait and be another two months late,will i get another letter like this?
Answers:
Having worked in the area of finance and the credit industry I will tell you what these people won't. First off, if you come to a settlement and wind up paying less than what is due, it will show up on your credit report, as a settlement, and it is just as bad as a bankruptcy, I know how the creditors look at it. secondly your account will be sold to a secondary agency that purchases your debt pennies on the dollar from your credit card company, and starts adding additional fees to your amount, if this hasn't been done already it soon will be. I will suggest negotiating with the credit card company who you had the original debt with.
Dealing with some agency that purchased your bad debt and paying them back will not help your credit if it has already been charged off. Often times the credit card company has already sold the account, and the collection agency deceives you by saying they are with your credit card company. You need to get a copy of your credit report which you are entitled to free of charge by the fair credit and reporting act. Do not go through a 3rd part since they take a copy of your credit report and sell it on the open market to information managers. Believe it or not Bankruptcy chapter 7 can give you a whole new start look into this the original law before the credit industry financed law that was recently enacted was intended to help the individual. good luck
You should pay your debt. If you have the $987 that will make a large dent in the interest, late fees and over limit fees you are being charged.
Here's what you do: Hang on to that letter where they offered a settlement amount of $987.00. Next, find a lawyer in your area that gives free initial consultations. Make an appointment with that lawyer and take that letter in, along with proof of payment. Tell the lawyer the history and details of this account, and be sure to tell him/her about the payment you had already sent in before you received the settlement offer. The lawyer will be able to tell you whether you have a case or not.
Answers:
Having worked in the area of finance and the credit industry I will tell you what these people won't. First off, if you come to a settlement and wind up paying less than what is due, it will show up on your credit report, as a settlement, and it is just as bad as a bankruptcy, I know how the creditors look at it. secondly your account will be sold to a secondary agency that purchases your debt pennies on the dollar from your credit card company, and starts adding additional fees to your amount, if this hasn't been done already it soon will be. I will suggest negotiating with the credit card company who you had the original debt with.
Dealing with some agency that purchased your bad debt and paying them back will not help your credit if it has already been charged off. Often times the credit card company has already sold the account, and the collection agency deceives you by saying they are with your credit card company. You need to get a copy of your credit report which you are entitled to free of charge by the fair credit and reporting act. Do not go through a 3rd part since they take a copy of your credit report and sell it on the open market to information managers. Believe it or not Bankruptcy chapter 7 can give you a whole new start look into this the original law before the credit industry financed law that was recently enacted was intended to help the individual. good luck
You should pay your debt. If you have the $987 that will make a large dent in the interest, late fees and over limit fees you are being charged.
Here's what you do: Hang on to that letter where they offered a settlement amount of $987.00. Next, find a lawyer in your area that gives free initial consultations. Make an appointment with that lawyer and take that letter in, along with proof of payment. Tell the lawyer the history and details of this account, and be sure to tell him/her about the payment you had already sent in before you received the settlement offer. The lawyer will be able to tell you whether you have a case or not.
Question about copyright in news?
Hi folks,
What are the legal issues on copying a news originally written in English, translate it to French and publish that news in French? Would that be a copyright problem?
Thanks.
Answers:
Yes.
Legally, there're basically two copyright issues you should think about in this context. The issues listed below should be considered in order:
(1) whether there is infringement, i.e., whether the translation exhibits SUBSTANTIAL SIMILARITY TO PROTECTED EXPRESSION in the original news item; and
(2) if there is infringement, whether your use of the original is FAIR enough to be legally excused.
As to (1), translations should be substantively similar to the overall original (or else it would be a sucky translation). So unless the original is not protected (e.g., the owner dedicated the original to the public domain), you would probably be considered an infringer.
As to (2), fair use in the U.S., there are four factors that you must consider. The factors are set forth 17 USC section 107 and include:
(a) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(b) the nature of the copyrighted work;
(c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(d) the effect of the use upon the potential market for or value of the copyrighted work.
I would worry about factor (d) the most. After all, the quickest way to get yourself sued is to mess with SOMEONE ELSE'S POCKETBOOK.
I hope that did not sound too pedantic.
You consult the issuing body - Reuters, Associated Press, UPI, or other source (newspaper, television station, etc.) regarding usage.
Translating iit into French is modifying it in some form or another. It is a violation. You need their consent.
News and information is not copyrightable. Their language is. A simple translation would be a violation. Just don't use their language/copy. Also, be careful the source doesn't deliberately fabricate something to trap you -- because that's not news.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
What are the legal issues on copying a news originally written in English, translate it to French and publish that news in French? Would that be a copyright problem?
Thanks.
Answers:
Yes.
Legally, there're basically two copyright issues you should think about in this context. The issues listed below should be considered in order:
(1) whether there is infringement, i.e., whether the translation exhibits SUBSTANTIAL SIMILARITY TO PROTECTED EXPRESSION in the original news item; and
(2) if there is infringement, whether your use of the original is FAIR enough to be legally excused.
As to (1), translations should be substantively similar to the overall original (or else it would be a sucky translation). So unless the original is not protected (e.g., the owner dedicated the original to the public domain), you would probably be considered an infringer.
As to (2), fair use in the U.S., there are four factors that you must consider. The factors are set forth 17 USC section 107 and include:
(a) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(b) the nature of the copyrighted work;
(c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(d) the effect of the use upon the potential market for or value of the copyrighted work.
I would worry about factor (d) the most. After all, the quickest way to get yourself sued is to mess with SOMEONE ELSE'S POCKETBOOK.
I hope that did not sound too pedantic.
You consult the issuing body - Reuters, Associated Press, UPI, or other source (newspaper, television station, etc.) regarding usage.
Translating iit into French is modifying it in some form or another. It is a violation. You need their consent.
News and information is not copyrightable. Their language is. A simple translation would be a violation. Just don't use their language/copy. Also, be careful the source doesn't deliberately fabricate something to trap you -- because that's not news.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
Question About Consent & Waiver by Parent?
I have just signed a consent and waiver by parent form, had it notarized and filed with the courts in florida. I have a case #. The question is my ex-wife new husband is going to be the adoptee. Now I still have a pending case with child support agency in florida and they state by signing this form is does not waive child support. My ex-wife refuses me to see the children for almost a year. I have filed contempt in court but nothing ever happened, they courts ignored the contempt or they are just taking a long time for the court case. So because of this I am allowing her new husband to adopt the kids.
She stated to me by signing this waiver is waiving me of all rights including Child Support. But the Dept of Revenue said they cannot use this form because it's not signed by the judge as a final order.
Is child support obligated to use this form waiving me from child support because I waived my rights. There is no place for the judge to sign on the form. Please help!
Answers:
If you are signing over all of your parental rights, then once that paperwork goes through you are no longer responsible for any kind of child support at all. Basically when you sign over your parental rights, its like you never had a child at all, you are no longer obligated to that child, financially,emotionally etc.
You need to get a waiver from your ex stating that no support is required due to the circumstances - though you've lost your best bargaining chip already. BUT, assuming she will sign such (get an attorney in that state to phrase it), you should be able to present that to the judge in the original order and request an amendment - again, it will go faster if you hae an attorney do it. Once you have the court ordered amendment, you insure the support bureau AND your employer, if it is an automatic deduction, get copies.
You should not have signed the form. Go talk to your attorney about this immediately. Don't proceed without legal counsel. You must get a separate judgement that severs your responsibilities to support the child. You can ask for that during the adoption, but do NOT proceed without getting an attorney.
The only way you are going to be free from paying child support is if you voluntarily terminate your parental rights or the state does it for you as a result of child abuse, neglect and/or abandonment. Since you are in agreement to allow your ex wife's husband to adopt them, then you would have to terminate your rights anyway. Just make sure you do it through your court so it is not a form signed between just the two of you and that may or may not be legally binding. You don't have to hire an atty but you do need to do it through the proper channels of the court. You would only really need an attorney if you were fighting for something and obviously you are not fighting FOR your kids, you are simply giving them up.
Unless you go before a judge and HE writes an order for waiver, your piece of paper is worthless.
It is a court procedure where you apply to waive your parental rights. The Judge writes the order and it becomes official. Until that happens, you will be obligated to pay child support.
She stated to me by signing this waiver is waiving me of all rights including Child Support. But the Dept of Revenue said they cannot use this form because it's not signed by the judge as a final order.
Is child support obligated to use this form waiving me from child support because I waived my rights. There is no place for the judge to sign on the form. Please help!
Answers:
If you are signing over all of your parental rights, then once that paperwork goes through you are no longer responsible for any kind of child support at all. Basically when you sign over your parental rights, its like you never had a child at all, you are no longer obligated to that child, financially,emotionally etc.
You need to get a waiver from your ex stating that no support is required due to the circumstances - though you've lost your best bargaining chip already. BUT, assuming she will sign such (get an attorney in that state to phrase it), you should be able to present that to the judge in the original order and request an amendment - again, it will go faster if you hae an attorney do it. Once you have the court ordered amendment, you insure the support bureau AND your employer, if it is an automatic deduction, get copies.
You should not have signed the form. Go talk to your attorney about this immediately. Don't proceed without legal counsel. You must get a separate judgement that severs your responsibilities to support the child. You can ask for that during the adoption, but do NOT proceed without getting an attorney.
The only way you are going to be free from paying child support is if you voluntarily terminate your parental rights or the state does it for you as a result of child abuse, neglect and/or abandonment. Since you are in agreement to allow your ex wife's husband to adopt them, then you would have to terminate your rights anyway. Just make sure you do it through your court so it is not a form signed between just the two of you and that may or may not be legally binding. You don't have to hire an atty but you do need to do it through the proper channels of the court. You would only really need an attorney if you were fighting for something and obviously you are not fighting FOR your kids, you are simply giving them up.
Unless you go before a judge and HE writes an order for waiver, your piece of paper is worthless.
It is a court procedure where you apply to waive your parental rights. The Judge writes the order and it becomes official. Until that happens, you will be obligated to pay child support.
Question about civil suits?
My daughter was assaulted by 6 males and a female. My daughter is 18. One of the males hit her in the head with a baseball bat. She has blod clot and had bleeding all to do with her brain. She is messed up from it. Difficulty talking,walking,bathing,brushi... hair,etc.Can she or I file a civil suit against them? They are looking at prison time.
Answers:
ABSOLUTELY! You can definately file suite against them to recover cost of medical bills, pain and suffering, etc. You can also try to get compensation for ongoing conditions that may have resulted from the attack.
If they are being charged in criminal court and are convicted, it will only help your case.
Yes ... BUT. Here is the story.
Criminal law is intended to punish the wrongdoer for violaiton of the community's rights.
Civil law is about ... money. If you win a lawsuit (as plaintiff), you get a judgment, which says the bad guys owe you money. It does not collect the money. It simply says that they owe the money.
So, the first question to figure out is -- will these guys ever have the money to pay the judgment. If not, it will take hard work and time to get ... nothing.
The second question is -- even if they do not pay, is it worth it. A judgment is good (depending on the state) for 10-20 years unless it is renewed, and it can prevent them from buying a house, or car, etc., until it is paid. But, in prison, that will not make much difference.
OJ Simpson, a rich ex-football player, was found liable in civil court for the murder of his ex-wife. The winners have received almost no money, and have made it their life's cause to pursue him. In some ways, I think that is sad, for they are not able to move on with their lives, for the kids of both, etc.
In your case, there may be a need to extract revenge, but trying to collect the judgment will simply keep you in the past.
OK, if you want to file a suit, its not so difficult. You need to draft a complaint. I do not know what state you are in, and there are different requirements. Some states have "Notice" pleading (simply complaint, stating who the defendants are, who the plaintiff is -- your daughter -- and what they did (BATTERY).
You also need to look to see whether or not YOU can sue. Your daughter is an adult. I am assuming that you are not her legal conservator (court judgment). So, while her mother, she might need to have a Guardian ad Litem appointed to file the suit. This is, normally, an attorney who then acts in the case and sues the defendants.
I suspect that you will have difficulty obtaining an attorney (unless you pay by the hour), because if the defendants will not have money to pay you, that would mean an attorney would not get paid either. Lawyers usually do not like that kind of arrangement.
But the bottom line is, that with some research, you can certainly sue. One more thing. Depending on your state, you may have as little as one year to file suit. Be sure that you find the statute of limitations for "Intentional" acts and "Personal Injury". Whichever statute (if there are two) which is SHORTER will control.
The good news is that, in a lawsuit for an intentional act (they INTENDED to strike her), punitive damages are available. So if these dolts ever come into money, you could get that too.
Good luck to you --- and to your daughter.
File a criminal case against the suspects who assaulted your daughter and pray that they pay all expenses and damages arising from their felonious act.
Given her medical condition, you could ask the court to appoint you as her guardian at litem (guardian at law). Then you could file the suit on her behalf.
But, you may want to wait until the criminal proceedings are further advanced. A conviction (or guilty plea) makes your civil suit much easier.
In either event, there's nothing stopping finding an attorney now to help you with the details.
you should, hopefully they have assets to pay for the medical bills, but get a personal injury lawyer and sue
Since your daughter is 18, you would have to be appointed as her guardian in this respect in order to do so, but yes, you can (and you totally should!) file a civil suit to recoup damages from the injuries. Or you can just find her a lawyer who will represent her. In addition to medical bills, those attackers owe her money for missed work and all of the things in her life that she can no longer do or do as well. Call your local Bar Association, or just look in the yellow pages, for a personal injury attorney who will work on contingency -- but do it quickly before the statute of limitations runs out. You totally have a case, especially with brain injuries.
You should also talk to the lawyer about suing other people or entities who might have been responsible. For example, if your daughter was assaulted on school grounds or in a parking lot that wasn't properly secured or well-lit, the owners of that property might be liable as well. Or if the police took too long to respond and that time lapse led to further damage -- there might be a lot of other people (with deeper pockets) who you can sue.
Answers:
ABSOLUTELY! You can definately file suite against them to recover cost of medical bills, pain and suffering, etc. You can also try to get compensation for ongoing conditions that may have resulted from the attack.
If they are being charged in criminal court and are convicted, it will only help your case.
Yes ... BUT. Here is the story.
Criminal law is intended to punish the wrongdoer for violaiton of the community's rights.
Civil law is about ... money. If you win a lawsuit (as plaintiff), you get a judgment, which says the bad guys owe you money. It does not collect the money. It simply says that they owe the money.
So, the first question to figure out is -- will these guys ever have the money to pay the judgment. If not, it will take hard work and time to get ... nothing.
The second question is -- even if they do not pay, is it worth it. A judgment is good (depending on the state) for 10-20 years unless it is renewed, and it can prevent them from buying a house, or car, etc., until it is paid. But, in prison, that will not make much difference.
OJ Simpson, a rich ex-football player, was found liable in civil court for the murder of his ex-wife. The winners have received almost no money, and have made it their life's cause to pursue him. In some ways, I think that is sad, for they are not able to move on with their lives, for the kids of both, etc.
In your case, there may be a need to extract revenge, but trying to collect the judgment will simply keep you in the past.
OK, if you want to file a suit, its not so difficult. You need to draft a complaint. I do not know what state you are in, and there are different requirements. Some states have "Notice" pleading (simply complaint, stating who the defendants are, who the plaintiff is -- your daughter -- and what they did (BATTERY).
You also need to look to see whether or not YOU can sue. Your daughter is an adult. I am assuming that you are not her legal conservator (court judgment). So, while her mother, she might need to have a Guardian ad Litem appointed to file the suit. This is, normally, an attorney who then acts in the case and sues the defendants.
I suspect that you will have difficulty obtaining an attorney (unless you pay by the hour), because if the defendants will not have money to pay you, that would mean an attorney would not get paid either. Lawyers usually do not like that kind of arrangement.
But the bottom line is, that with some research, you can certainly sue. One more thing. Depending on your state, you may have as little as one year to file suit. Be sure that you find the statute of limitations for "Intentional" acts and "Personal Injury". Whichever statute (if there are two) which is SHORTER will control.
The good news is that, in a lawsuit for an intentional act (they INTENDED to strike her), punitive damages are available. So if these dolts ever come into money, you could get that too.
Good luck to you --- and to your daughter.
File a criminal case against the suspects who assaulted your daughter and pray that they pay all expenses and damages arising from their felonious act.
Given her medical condition, you could ask the court to appoint you as her guardian at litem (guardian at law). Then you could file the suit on her behalf.
But, you may want to wait until the criminal proceedings are further advanced. A conviction (or guilty plea) makes your civil suit much easier.
In either event, there's nothing stopping finding an attorney now to help you with the details.
you should, hopefully they have assets to pay for the medical bills, but get a personal injury lawyer and sue
Since your daughter is 18, you would have to be appointed as her guardian in this respect in order to do so, but yes, you can (and you totally should!) file a civil suit to recoup damages from the injuries. Or you can just find her a lawyer who will represent her. In addition to medical bills, those attackers owe her money for missed work and all of the things in her life that she can no longer do or do as well. Call your local Bar Association, or just look in the yellow pages, for a personal injury attorney who will work on contingency -- but do it quickly before the statute of limitations runs out. You totally have a case, especially with brain injuries.
You should also talk to the lawyer about suing other people or entities who might have been responsible. For example, if your daughter was assaulted on school grounds or in a parking lot that wasn't properly secured or well-lit, the owners of that property might be liable as well. Or if the police took too long to respond and that time lapse led to further damage -- there might be a lot of other people (with deeper pockets) who you can sue.
Question about Chinese made products?
I'm sort of cusious as to why everyone is blaming the Chinese companies instead of the AMERICAN companies who contract with them? I worked for an American manufacturing company who was very insistent that any products made in China pass the same quality standards as products made here. I mean, these companies go over there, pay workers $2 a day to make goods that they'd pay an American worker 5 or 10 times that much PER HOUR. So, they're saving a ton of money, yet they don't examine the quality of the goods they purchase and put their names on?
It's completely irresponsible, and for us as consumers to blame the Chinese companies is even more ridiculous. Their country doesn't have the same laws or the same standards as we do - our companies know exactly what those standards are %26 chose to ignore them. Why are we not instead boycotting companies who outsource irresponsibly? Stop buying Barbie for your kids - stop buying dog food outsourced to Menu foods, THAT will stop the problem
Answers:
Absolutely.
Importing from any company must be done carefully and the importer is ultamatly responsible for the required standards. I would like to see evidence that these companies were advised to reach standards imposed by US law.
The behavior of the US companies involved must be checked also.
The problem now is we've outsourced so hard for the last 12 years that it is nearly impossible to find a product made in the USA and re-tooling US manufacturing would take time.
I'm all for US made products making a comeback but our society is too impatient to wait.
The only way to solve the problem is if Americans would be willing to make the products here for $2-3/hr. There are NO alternatives on the shelves. I can't find any apple juice in my local grocery store NOT made in China!
http://www.msnbc.msn.com/id/20303002/sit...
It's completely irresponsible, and for us as consumers to blame the Chinese companies is even more ridiculous. Their country doesn't have the same laws or the same standards as we do - our companies know exactly what those standards are %26 chose to ignore them. Why are we not instead boycotting companies who outsource irresponsibly? Stop buying Barbie for your kids - stop buying dog food outsourced to Menu foods, THAT will stop the problem
Answers:
Absolutely.
Importing from any company must be done carefully and the importer is ultamatly responsible for the required standards. I would like to see evidence that these companies were advised to reach standards imposed by US law.
The behavior of the US companies involved must be checked also.
The problem now is we've outsourced so hard for the last 12 years that it is nearly impossible to find a product made in the USA and re-tooling US manufacturing would take time.
I'm all for US made products making a comeback but our society is too impatient to wait.
The only way to solve the problem is if Americans would be willing to make the products here for $2-3/hr. There are NO alternatives on the shelves. I can't find any apple juice in my local grocery store NOT made in China!
http://www.msnbc.msn.com/id/20303002/sit...
Question about child visitation rights?
My sister has two children. Their father is in jail for a long time. For a while she left her two children in their fathers cousin's care until she got her life together and found a place to stay. One was with one cousin and the other was with another. She signed papers for the younger one and put him in the cousin's custody. She found out that they were not being taken care of like they should be so she picked them up one day for good. Now the two cousin's are threatening to beat her up if she doesn't let them see the kids.They have been harassing her a lot lately and she wants to get a restraining order. My question is do they have any rights?Will they be able to get visitation rights for the kids?They might even try to get the fathers mother involved so she could try to get it also?Can she or anyone else get visitation rights without the mothers consent?
Answers:
There are several elements to this question that have not yet been shared. My first question would be, what was the original custody situation after the birth of each child? Were the mother %26 father married, with both names on each birth certificate? I do not care if you were married or not; however that can play a part in custody.
You've said that she signed 'papers'; however what were they? Were they notarized? Signed by a judge? What?
It would be my guess that since she at some point had to get her life together that the proper legal requirements were not followed; however I could be wrong.
If she in fact did give up her parental rights of either or both children, then the cousins may just have something. If it was more or less a handwritten document between the 2 people, then it becomes a bit more suspect.
Do the cousins that were taking care of the children actually love them, but do not have the knowledge of how to properly raise children OR is there some sort of financial benefit to whomever takes care of these children? If this is the case who is truly the better caregiver for these children?
It all sounds very unfortunate as I do understand what your sister had tried to do; however please provide more answers regarding this situation.
Irrespective of all of this, whether or not the grandmother gets involved is irrelevant the legal custody of those children needs to be proven or re-established.
As far as the threats go, it is illegal to threaten the harm of another and she should report these taunts/threats. The children is a civil matter and cannot be handled by the police - do not make this their issue.
Find a court services officer or someone that can best direct your sister on these matter in the state that she lives in..
I wish you well!
Wow - sounds like a charming family.
I bet they all met at a NASCAR event. (Or a "Larry the Cable Guy" concert).
No, the cousins have no rights, and if I were her I would not want those who were treating my children badly to see them! They certainly have no right to visitation, nor will they ever get an order from any court giving them that right!
Some states allow Grandparents visitation rights, though I question the legality of that!
Signed papers mean nothing except to provide the children medical care and a person to sign school papers. They do not take the rights of the mother away, and essentially mean nothing when the mother revokes them. Those done in court might be another matter as the court would have the say over whether the mother is capable of providing proper parental care!
To me it sounds as if she did the right thing! Though I don't know if I would not let the cousins visit if the children were old enough to express their wishes!
I don't know why people give me the thumbs down when what I am saying is a fact based on 16 years of investigating child abuse and 27 years in Child Protection for a state!! Is it you don't like to hear facts, or just disagree with the law? You really make me wonder how your mind works. It may not be what you want to hear, but that is the way it IS!
How many of you have EVER investigated a case of child abuse, just 1. I have done over 3,000!
The cousin that took the child that she signed papers for, and the paternal grandmother may have a leg to stand on. Your sister should see an attorney right away and get legal advice appropriate for her state. . She should also get a restraining order. If she starts legal action before they do, it will better her case.
No one else has rights visitation or other wise, unless it's in the divorce paper's. Also most states do not have the so called grandparent's right's. The cousins are well up turd creek.
But may be an idea to get a lawyer just in case.
Answers:
There are several elements to this question that have not yet been shared. My first question would be, what was the original custody situation after the birth of each child? Were the mother %26 father married, with both names on each birth certificate? I do not care if you were married or not; however that can play a part in custody.
You've said that she signed 'papers'; however what were they? Were they notarized? Signed by a judge? What?
It would be my guess that since she at some point had to get her life together that the proper legal requirements were not followed; however I could be wrong.
If she in fact did give up her parental rights of either or both children, then the cousins may just have something. If it was more or less a handwritten document between the 2 people, then it becomes a bit more suspect.
Do the cousins that were taking care of the children actually love them, but do not have the knowledge of how to properly raise children OR is there some sort of financial benefit to whomever takes care of these children? If this is the case who is truly the better caregiver for these children?
It all sounds very unfortunate as I do understand what your sister had tried to do; however please provide more answers regarding this situation.
Irrespective of all of this, whether or not the grandmother gets involved is irrelevant the legal custody of those children needs to be proven or re-established.
As far as the threats go, it is illegal to threaten the harm of another and she should report these taunts/threats. The children is a civil matter and cannot be handled by the police - do not make this their issue.
Find a court services officer or someone that can best direct your sister on these matter in the state that she lives in..
I wish you well!
Wow - sounds like a charming family.
I bet they all met at a NASCAR event. (Or a "Larry the Cable Guy" concert).
No, the cousins have no rights, and if I were her I would not want those who were treating my children badly to see them! They certainly have no right to visitation, nor will they ever get an order from any court giving them that right!
Some states allow Grandparents visitation rights, though I question the legality of that!
Signed papers mean nothing except to provide the children medical care and a person to sign school papers. They do not take the rights of the mother away, and essentially mean nothing when the mother revokes them. Those done in court might be another matter as the court would have the say over whether the mother is capable of providing proper parental care!
To me it sounds as if she did the right thing! Though I don't know if I would not let the cousins visit if the children were old enough to express their wishes!
I don't know why people give me the thumbs down when what I am saying is a fact based on 16 years of investigating child abuse and 27 years in Child Protection for a state!! Is it you don't like to hear facts, or just disagree with the law? You really make me wonder how your mind works. It may not be what you want to hear, but that is the way it IS!
How many of you have EVER investigated a case of child abuse, just 1. I have done over 3,000!
The cousin that took the child that she signed papers for, and the paternal grandmother may have a leg to stand on. Your sister should see an attorney right away and get legal advice appropriate for her state. . She should also get a restraining order. If she starts legal action before they do, it will better her case.
No one else has rights visitation or other wise, unless it's in the divorce paper's. Also most states do not have the so called grandparent's right's. The cousins are well up turd creek.
But may be an idea to get a lawyer just in case.
Question about child support in Delaware??
My ex and I just recently split up, I have our 5 month old son from 3 pm until 9:30 pm every day and we split weekends. I buy all the formula and diapers and have the reciepts to prove it. My ex is currently still living with me until she grows up and gets a job, can she hit me with court ordered child support? what should I do??
Answers:
get a freeking attorney right away.
make sure you keep detailed records of all expenses including rent, utilities, food, child needs etc and be able to support them in the event she takes you to court. As long as it is documented, she won't receive any form of back support and it would be nearly impossible to get support for now if she still is living with you and you are paying for everything.
Answers:
get a freeking attorney right away.
make sure you keep detailed records of all expenses including rent, utilities, food, child needs etc and be able to support them in the event she takes you to court. As long as it is documented, she won't receive any form of back support and it would be nearly impossible to get support for now if she still is living with you and you are paying for everything.
Question about censorship?
What do you think !
Answers:
There has to be some form of censorship, as no sane person wants to turn on the TV and see child porn, or snuff movies in the main stream media.
That said, tolerance dictates that you must tolerate the intolerable, and so if someone has an opinion that is racist, homophobic, whatever, they must be allowed to voice that opinion.
For a "honky"? Feels like I'm back in the 70s! But cheers anyway.
censorship is fine on TV but in the real world, why censor people from speaking what they feel?
it is a nessasary evil . but not for everything
All censorship is wrong.
Anyone who disagrees should have their posts removed.
:)
Answers:
There has to be some form of censorship, as no sane person wants to turn on the TV and see child porn, or snuff movies in the main stream media.
That said, tolerance dictates that you must tolerate the intolerable, and so if someone has an opinion that is racist, homophobic, whatever, they must be allowed to voice that opinion.
For a "honky"? Feels like I'm back in the 70s! But cheers anyway.
censorship is fine on TV but in the real world, why censor people from speaking what they feel?
it is a nessasary evil . but not for everything
All censorship is wrong.
Anyone who disagrees should have their posts removed.
:)
Question about California driving law?
is it against the law for my brother (17 and in his 1st year of having a license) to drive me (16) - please provide a website...thanks
Answers:
you will find your answer here...http://www.dmv.ca.gov/dl/dl_info.htm#fir...
Yes, it's illegal. It should say so on the back of his license. However, there are ways around this, if you get a note from your school principal for example.
Answers:
you will find your answer here...http://www.dmv.ca.gov/dl/dl_info.htm#fir...
Yes, it's illegal. It should say so on the back of his license. However, there are ways around this, if you get a note from your school principal for example.
Question about Bush's executive order about the Iraq War?
Does Bush's executive order that bans acts that can destabilize Iraq infringe our right to free speech and to petition the gov. (basically the 1st amendment)? Does this order ban anti-war shirts and petitions? Is wearing a shirt that says "Bring the Troops Home" or "Stop the War in Iraq" a threat? How are petitions threats? AND when a new president is elected, is Bush's executive order still valid?
Answers:
Bush and Cheney would like everyone to fear any alternative to their agenda, having always stated that if you do not agree with them you are on the side of the terrorists. Their attitude infringes our right to free speech, using fear to stifle any dissent. There is no direct order that you cannot protest or wear shirts with anti-Bush slogans, yet people still fear wearing them or protesting. A new President has his own agenda and what Bush does is not binding on the next President.
Wow, your ignorance is astounding. Just out of curiosity, have you ever been outside of this country? Even in western democracies like France and Germany the oppressive nature of their socialist government is palpable. Its evident in every aspect of life. America is a free country, too bad you don't know it.
Here's a hint - An executive order only applies to members of the executive branch of government, and it remains in effect regardless of who is president until another executive order rescinds it.
Geez, you mean you didn't hear about the motorist that Bush recently had hanged for having a "STOP THE WAR, STOP THE LIES" bumper sticker?
It's really getting scary
i think that is called "police state" or communism.
i think there are limits to what he can do with executive order before congress steps in. He may be the pres but there are usually steps that need to be taken for an act like taking away freedom of speech through tshirts or propaganda
I'd like anyone to prove that any executive order is constitutional. His EOs are vague enough to stop any and all actions. Also EOs are considered to be continuous until repealed by the President.
Answers:
Bush and Cheney would like everyone to fear any alternative to their agenda, having always stated that if you do not agree with them you are on the side of the terrorists. Their attitude infringes our right to free speech, using fear to stifle any dissent. There is no direct order that you cannot protest or wear shirts with anti-Bush slogans, yet people still fear wearing them or protesting. A new President has his own agenda and what Bush does is not binding on the next President.
Wow, your ignorance is astounding. Just out of curiosity, have you ever been outside of this country? Even in western democracies like France and Germany the oppressive nature of their socialist government is palpable. Its evident in every aspect of life. America is a free country, too bad you don't know it.
Here's a hint - An executive order only applies to members of the executive branch of government, and it remains in effect regardless of who is president until another executive order rescinds it.
Geez, you mean you didn't hear about the motorist that Bush recently had hanged for having a "STOP THE WAR, STOP THE LIES" bumper sticker?
It's really getting scary
i think that is called "police state" or communism.
i think there are limits to what he can do with executive order before congress steps in. He may be the pres but there are usually steps that need to be taken for an act like taking away freedom of speech through tshirts or propaganda
I'd like anyone to prove that any executive order is constitutional. His EOs are vague enough to stop any and all actions. Also EOs are considered to be continuous until repealed by the President.
Question about a lawyer and child custody/support?
If I went to court against my ex bf for custody and support, could a lawyer find out if a new child is or isn't my ex's? Like he was with a girl after we broke up, she now has a kid. One time, he told my daughter she was gonna have a new brother or sister, then took it back and to this day denies it's his. However, I have heard from people that he says it is his, but I think maybe he is not even 100% sure. If we went to court, and this matter would affect our case, could someone find out for sure if this kid is indeed his or not?
Answers:
The first question is... how do you feel that this may affect your case? Perhaps, if you are concerned about child support issues than maybe, YES. Custody issues, it should not matter. However, you might want to elaborate your reasoning. if you want to discuss further e-mail me man07 anonymous@yahoo.com. Kind of going through the same thing... I can answer your question in depth there.
what does his having another child, who is NOT a party to the current proceedings, have to do with you?
It doesn't matter what he thinks about the child's paternity, or who he might have mentioned it to. If this girl says the child is his, then she can easily request a paternity test ot DNA test to prove it. It's not a "he-said, she-said" situation.
It's none of your business if this other child is his or not. It has no relevance at all to your case against him. Whether that child is his or not is between him and the other girl. Keep your nose out of places it doesn't belong and concentrate on your own child, not someone else's.
As you are not the mother, and he is not married to you, it seems to be none of your business. if it was relevant in some way, by affecting the amount of support that a court would order, then there are ways of checking paternity. However, if just want to know to satisfy your own curiousity, then no court would order him and the child to submit DNA samples for analysis.
Best advice is to ask a local attorney. Most will NOT charge for a first visit.
Here are some great city-specific legal directories to help you find one:
http://www.san-francisco-oakland-bay-are...
http://www.sacramento-ca-lawyers-attorne...
http://www.la-orange-county-lawyers-atto...
http://www.las-vegas-nevada-lawyer-attor...
http://www.san-jose-ca-lawyers-attorneys...
http://www.sacramento-ca-lawyers-attorne...
http://www.dallas-fort-worth-texas-lawye...
http://www.new-jersey-lawyers-directory.
http://www.legal-advice-library.info...
http://www.san-antonio-texas-lawyers-att...
http://www.brokerforyou.com/san-diego-re...
http://www.new-jersey-lawyers-directory.
Answers:
The first question is... how do you feel that this may affect your case? Perhaps, if you are concerned about child support issues than maybe, YES. Custody issues, it should not matter. However, you might want to elaborate your reasoning. if you want to discuss further e-mail me man07 anonymous@yahoo.com. Kind of going through the same thing... I can answer your question in depth there.
what does his having another child, who is NOT a party to the current proceedings, have to do with you?
It doesn't matter what he thinks about the child's paternity, or who he might have mentioned it to. If this girl says the child is his, then she can easily request a paternity test ot DNA test to prove it. It's not a "he-said, she-said" situation.
It's none of your business if this other child is his or not. It has no relevance at all to your case against him. Whether that child is his or not is between him and the other girl. Keep your nose out of places it doesn't belong and concentrate on your own child, not someone else's.
As you are not the mother, and he is not married to you, it seems to be none of your business. if it was relevant in some way, by affecting the amount of support that a court would order, then there are ways of checking paternity. However, if just want to know to satisfy your own curiousity, then no court would order him and the child to submit DNA samples for analysis.
Best advice is to ask a local attorney. Most will NOT charge for a first visit.
Here are some great city-specific legal directories to help you find one:
http://www.san-francisco-oakland-bay-are...
http://www.sacramento-ca-lawyers-attorne...
http://www.la-orange-county-lawyers-atto...
http://www.las-vegas-nevada-lawyer-attor...
http://www.san-jose-ca-lawyers-attorneys...
http://www.sacramento-ca-lawyers-attorne...
http://www.dallas-fort-worth-texas-lawye...
http://www.new-jersey-lawyers-directory.
http://www.legal-advice-library.info...
http://www.san-antonio-texas-lawyers-att...
http://www.brokerforyou.com/san-diego-re...
http://www.new-jersey-lawyers-directory.
Question about a judgment and my bank account?
I have a judgment and had to give them my bank account # so I assume they will freeze my account. My question is, if I open another account at a different bank, is it safe, is the only way for them to get that $ is if I give the new bank account #? or could they find/get it some other way?
Answers:
It is unlikely they will just put out garnishments to every bank in the area. (That would cost them a lot.) But, they can always bring you back in to find out where you new account is. Or, they can ask your old bank to give them the info about where money was transferred to.
Your best bet is to try to work out a payment plan.
The new bank account could probably be found. Use the cookie jar or your mattress.
Answers:
It is unlikely they will just put out garnishments to every bank in the area. (That would cost them a lot.) But, they can always bring you back in to find out where you new account is. Or, they can ask your old bank to give them the info about where money was transferred to.
Your best bet is to try to work out a payment plan.
The new bank account could probably be found. Use the cookie jar or your mattress.
Question about a bench warrant?
i got caught driving without a license ..and i missed my court date and now i have a bench warrant..if i go to the police department and tell them about my bench warrant ..does that mean im going to go in jail that same day?...the paper says my bail is $5000 ..but i go to school and i dont work and if they take me in im going to get terminated from school and even worse in two weeks i have to go to court for petty theft ..are they going to know i have a bench warrant..man i hate my life!!..someone please tell me
Answers:
The police most likely aren't putting out an APB for you because you missed your court date for driving without a driver's license. Either go to the clerk of courts and tell them you missed your court date, or go to the cops during normal business hours so they can put into motion setting a new court date. Thing is, if you go to the cops, you may have to sit in jail until court. But this is a small charge, and they just may call the clerk of courts to set another court date.
Yes, when you go to court for your petty theft, they will know about the warrant. The longer you put it off, the harder the judge will be on you as far as punishment for the no license charge. He cannot consider the bench warrant when sentencing you for the petty theft. But at your petty theft hearing, if its your first court appearance for this charge, its just going to be a preliminary hearing.
That means they will ask you if you want to plead guilty at that time, or if you want time to consult an attorney. If you want more time, you may get held in jail because you've shown that you have it in you to skip out on court dates. Or you will have to come up with bail before they will let you go, unless they are going to keep you for the bench warrant anyway.
Bottom line is, get the warrant taken care of quickly, because it will come back to haunt you otherwise. Driving with no license is a small charge, you probably would have gotten just a small fine. And in most places, you have all the time in the world to pay a fine, like months. If you pay even just 5 dollars a week, they will leave you alone.
You should have just went to court.
Turn yourself in. Two crimes? Pay with the time!
Yes, you are screwed. The only reason why you weren't picked up before is because they didn't have your liscense to run through AFIS. AFIS would have told the officer via the computer that you had the bench warrant. The "Bench Warrant" states that you will be held in custody until said court date because you did not show up to your prior court date that you posted bail on. Bench Warrants have no bail offer! By the time you go to court for your petty theft, they'll know. They'll probably run your offenses together as far as jail time and fines. My word of wisdom about your life...stop doing what you've been getting in trouble for. If you are stealing for a drug habit, some judges can be leinient and allow you to go to court required treatment instead of a jail sentence, or one that is lessoned. Also, it sounds as if you've been in trouble before this. It may be that your petty theft charge may go from misdemeanor to a felony if you have had other convictions for the same thing before. Good Luck!
If you go to the court instead of the police, you might get it all handled without going to jail. Do not go on a Friday afternoon. Go on a monday morning. Tell the clerk you missed your court date and that you want to take of it. The judge will probably just quash the warrant and give you a new court date. if you do go to the cops, they have no such authority and will have to arrest you and it might be a couple days before you see a judge.
First thing, get a criminal attorney. IF you cannot afford one, they will be appointed for you.
First, with a bench warrant - that means that the judge issued a warrant without you there -- because you weren't there. If you are found for anything, you will be taken in immediately. But I think they generally get you before a judge pretty quickly. Likely, if you plead guilty on the two charges, they will drop the Failure to Appear charge.
As to school, I would just quit now. Chances are, if you don't show up in two weeks -- they will come after you. Better to drop now (and hopefully get SOME money back) than to drop later.
Use this as a step up -- Today is the first day of the rest of your life. Go to the police department, explain your situation and take what is coming to you. Then, make an effort to live a better life.
WoW! Stealing, driving with a suspended license, not showing up for court, and unemployed. You dug a real bad hole for yourself. I would suggest getting a damn good lawyer. But without a job, I doubt you have any means. Turn yourself in. Do not confess to anything. Do not even speak to the cops aside from providing your identity. Ask to talk to a lawyer. Maybe you can plea out to misdeaminors, once the prosecutor gets involved.
Answers:
The police most likely aren't putting out an APB for you because you missed your court date for driving without a driver's license. Either go to the clerk of courts and tell them you missed your court date, or go to the cops during normal business hours so they can put into motion setting a new court date. Thing is, if you go to the cops, you may have to sit in jail until court. But this is a small charge, and they just may call the clerk of courts to set another court date.
Yes, when you go to court for your petty theft, they will know about the warrant. The longer you put it off, the harder the judge will be on you as far as punishment for the no license charge. He cannot consider the bench warrant when sentencing you for the petty theft. But at your petty theft hearing, if its your first court appearance for this charge, its just going to be a preliminary hearing.
That means they will ask you if you want to plead guilty at that time, or if you want time to consult an attorney. If you want more time, you may get held in jail because you've shown that you have it in you to skip out on court dates. Or you will have to come up with bail before they will let you go, unless they are going to keep you for the bench warrant anyway.
Bottom line is, get the warrant taken care of quickly, because it will come back to haunt you otherwise. Driving with no license is a small charge, you probably would have gotten just a small fine. And in most places, you have all the time in the world to pay a fine, like months. If you pay even just 5 dollars a week, they will leave you alone.
You should have just went to court.
Turn yourself in. Two crimes? Pay with the time!
Yes, you are screwed. The only reason why you weren't picked up before is because they didn't have your liscense to run through AFIS. AFIS would have told the officer via the computer that you had the bench warrant. The "Bench Warrant" states that you will be held in custody until said court date because you did not show up to your prior court date that you posted bail on. Bench Warrants have no bail offer! By the time you go to court for your petty theft, they'll know. They'll probably run your offenses together as far as jail time and fines. My word of wisdom about your life...stop doing what you've been getting in trouble for. If you are stealing for a drug habit, some judges can be leinient and allow you to go to court required treatment instead of a jail sentence, or one that is lessoned. Also, it sounds as if you've been in trouble before this. It may be that your petty theft charge may go from misdemeanor to a felony if you have had other convictions for the same thing before. Good Luck!
If you go to the court instead of the police, you might get it all handled without going to jail. Do not go on a Friday afternoon. Go on a monday morning. Tell the clerk you missed your court date and that you want to take of it. The judge will probably just quash the warrant and give you a new court date. if you do go to the cops, they have no such authority and will have to arrest you and it might be a couple days before you see a judge.
First thing, get a criminal attorney. IF you cannot afford one, they will be appointed for you.
First, with a bench warrant - that means that the judge issued a warrant without you there -- because you weren't there. If you are found for anything, you will be taken in immediately. But I think they generally get you before a judge pretty quickly. Likely, if you plead guilty on the two charges, they will drop the Failure to Appear charge.
As to school, I would just quit now. Chances are, if you don't show up in two weeks -- they will come after you. Better to drop now (and hopefully get SOME money back) than to drop later.
Use this as a step up -- Today is the first day of the rest of your life. Go to the police department, explain your situation and take what is coming to you. Then, make an effort to live a better life.
WoW! Stealing, driving with a suspended license, not showing up for court, and unemployed. You dug a real bad hole for yourself. I would suggest getting a damn good lawyer. But without a job, I doubt you have any means. Turn yourself in. Do not confess to anything. Do not even speak to the cops aside from providing your identity. Ask to talk to a lawyer. Maybe you can plea out to misdeaminors, once the prosecutor gets involved.
Queen's Birthday/New Years Honours etc.?
How do I go about recommending someone for an OBE,MBE,CBE etc?
Answers:
i got an application from the ceremonial secretariat.
they deal with all the info etc.
http://www.cabinetoffice.gov.uk/secretar...
visit this site, it has all the contact info in.
just one thing to bear in mind, i nominated a couple of people 2 years ago and still havent heard anything
they say it takes at least 2-3 years for the application to go through the system
you will get a postcard when you have sent the application to say that they have recieved it
good luck =D
xxx
Anyone can write directly to the Prime Minister's office recommending an honour for any person, and giving the reason(s).
In practice, it is better if the letter is signed by more than one person, and preferably by someone in the same line of business as the person suggested for the honour, e.g. signed by the chairman of a football club if it is a coach, footballer, etc.
Be very sure, in the first place, that the person you wish to nominate believes in the honours system!
the best way is to bung the Labour party a million pond saying you have been a life long supporter and sit back and wait for the post man
Answers:
i got an application from the ceremonial secretariat.
they deal with all the info etc.
http://www.cabinetoffice.gov.uk/secretar...
visit this site, it has all the contact info in.
just one thing to bear in mind, i nominated a couple of people 2 years ago and still havent heard anything
they say it takes at least 2-3 years for the application to go through the system
you will get a postcard when you have sent the application to say that they have recieved it
good luck =D
xxx
Anyone can write directly to the Prime Minister's office recommending an honour for any person, and giving the reason(s).
In practice, it is better if the letter is signed by more than one person, and preferably by someone in the same line of business as the person suggested for the honour, e.g. signed by the chairman of a football club if it is a coach, footballer, etc.
Be very sure, in the first place, that the person you wish to nominate believes in the honours system!
the best way is to bung the Labour party a million pond saying you have been a life long supporter and sit back and wait for the post man
Quebec. Why stores have to close at 17 on weekends?
I can't understand the purpose of enforcing it.
Is it to avoid abuse?
If yes, why not limit the number of weekly hours a person has to work instead?
Many people will be more than happy of having a weekend job, and unemployment will go down.
Many stores do much better on weekends than weekdays.
Answers:
eugineo, couldn't agree more, and from customer's view ,we like to shop during the weekends witthout being chased by closing time, don't we?
also want to get some quality service .
Because people have lives...no one wants to spend an eternity of a day working in a store watching people shop when they could be doing the same thing for their family.
Is it to avoid abuse?
If yes, why not limit the number of weekly hours a person has to work instead?
Many people will be more than happy of having a weekend job, and unemployment will go down.
Many stores do much better on weekends than weekdays.
Answers:
eugineo, couldn't agree more, and from customer's view ,we like to shop during the weekends witthout being chased by closing time, don't we?
also want to get some quality service .
Because people have lives...no one wants to spend an eternity of a day working in a store watching people shop when they could be doing the same thing for their family.
Puzzle creation?
I invent a new type of puzzle.
I want that after it published, no one can make the same puzzle in anywhere in the world (unlike today everyone are making cross words and search a word).
how can I do it?
Answers:
You need to learn about intellectual property and copyright law.
Sorry i would tell you my puzzle but you would take credit for it
You may be able to get a patent on the concept. You'd have to work with a patent attorney. Even then, some countries do not enforce international patents.
I want that after it published, no one can make the same puzzle in anywhere in the world (unlike today everyone are making cross words and search a word).
how can I do it?
Answers:
You need to learn about intellectual property and copyright law.
Sorry i would tell you my puzzle but you would take credit for it
You may be able to get a patent on the concept. You'd have to work with a patent attorney. Even then, some countries do not enforce international patents.
Pushing someone?
If i push someone would that be considered illegal or battery? Would someone be able to press charges?
Answers:
If you're such a big sissy that you've been pushed by someone and you're actually asking this, then you probly deserved to be pushed. Why did you not fight back?
Not battery but assault or to a lesser degree Disorderly conduct.
Alot of people don't know this but if someone even walks at you with intent to hurt or touch you then thats already concidered assult.
any unwanted touching is technically an assault. if an injury occurs, it becomes battery. even spitting on someone is an illegal touching.
best to keep your hands to yourself, bad things tend to happen when you don't. even an accidental act can land you in a world of trouble. leave the horseplay for the horses.
Yes.
You are NEVER allowed to put your hands on another.
Answers:
If you're such a big sissy that you've been pushed by someone and you're actually asking this, then you probly deserved to be pushed. Why did you not fight back?
Not battery but assault or to a lesser degree Disorderly conduct.
Alot of people don't know this but if someone even walks at you with intent to hurt or touch you then thats already concidered assult.
any unwanted touching is technically an assault. if an injury occurs, it becomes battery. even spitting on someone is an illegal touching.
best to keep your hands to yourself, bad things tend to happen when you don't. even an accidental act can land you in a world of trouble. leave the horseplay for the horses.
Yes.
You are NEVER allowed to put your hands on another.
Purchased goods through a wholesale forum - -Does the forum owner have any responsibility in any way??
I purchased goods through a wholesale forum in June 2006.
Reason I purchased was because the forum owner does states that he verifys all seller applicants.
Therefor all buyers who purchased including myself were confident.
The seller was in canada, and they had sold b4 through the forum and all had gone well, but unfortunatly when I ordered along with other buyers,, all went wrong.
The seller stated that his supplier had let him down ann their supplier had let his supplier down,, but he wasnt up fron it too some months b4 we got to the bottom of the problem.
The seller promised that all buyers outstanding money would get every penny back.
Since the begining of this year the seller has not logged onto the forum nor has he responded to any of our emails.
The seller owes an estimated $19'000 to a group of us buyers.
One of the buyers has filed a complaint at www.recol.ca, that was a couple of months ago.
Has any one been in a similar situation and what happened
Answers:
still no experience.
What were the terms and conditions when you signed up for it?
You can't just take the forum's owner's word for it.
The owner of the forum is guilty of allowing fraudulent sales to go through his forum. That is a Crime in Camera, USA, infact in most of the western world.
However, it is obvious that he will declare bankruptcy and set up a new forum in a similar name with his wife as the owner.
The trick is in getting a lawyer early and sequesting his assets - it called, I think, a Mininerva.
There might be others out here but unless you list the name of the wholesaler you've been dealing with you'll never know.
you have no legal redress on the owner of the forum at all.
he as only to prove that at the time of verification everything was ok.
if the seller goes bent after that it is not is fault at all
the only time he can get done for anything is to prove he is in league with the seller.
you can only commit a crime if there is INTENTat the outset
you cannot commit any crime without "mens rea"
so unless you can prove the beyond reasonable doubt that the forum holder was aware of the situation nothing can be gained by pursing this action,.
any answer that says different is complete bollocks
THE BACKGROUND
I will deal with your problem from the perspective of current UK law. If you are in the USA similar laws may apply.
If the Forum owner states that they verify sellers on the forum for integrity then it may be they have breached there "duty of care" to you as a potential buyer under the tort of negligence. There are 3 components:
1. Duty of care
2. Breach of duty
3. Damage to plaintiff
Although they owe you a duty of care and you have suffered subsequent loss have they breached there duty of care? This is a hard one to answer because it would mean that reasonable steps would have to be undertaken by the wholesale Forum to ascertain a seller's integrity. What steps would be necessary is hard to determine. At the extreme end of the case if they took no steps at all then they would be liable because no reasonable person would do nothing! Furthermore, the fact you have dealt with a rogue traders seems to suggest they did very little. After all if reasonable steps were made then why did you get a merchant like that? They could have discharged their liability by doing everything reasonable in the circumstances. However, it would be no defence if you sued for them to say "that's the way we always do it" no more than it would be a defence for a surgeon, dentist or other professional. This would allow them to get away with murder!
Before you became a member of the Forum what were the terms and conditions that you signed up to? If there were any look at them carefully particularly disclaimers of resonsibility (this is where a party seeks to exclude or limit liability for loss caused to another). What does the contract say? Even if there is a disclaimer does not mean they are off the hook unless the terms are "reasonable". This is governed in the UK by the Unfair Contract Terms Act 1977.
If a contract does not exist between you and the Forum then there are other routes to examine. Loss suffered as a consequence of misstatements (Hedley Byrne -v- Heller and Partners 1963) may come to your aid. This is where one party places reasonable reliance on the statements of another and loss is incurred. Statements may be made:
1. Negligently
2. Fraudulently
3. Innocently
Either one will get your foot through the door. If the Forum claimed that they had made them with a genuine belief it would not prevent a finding of negligence or innocent misstatements. In the case I have given I wish to illustrate matters:
A bank gave a reference (which was wrong) stating that a company which had applied for advertising were financially sound. They were not and the bank was sued. They won on a disclaimer. Apply that to your case: You were induced to buy from a dealer because you were informed they were "sound" in their dealings. Well, that was not true was it?
It may be possible that the Forum can be sued by what is known as a Collateral contract. What does this mean? This is where A is induced to enter into a contract with B on representations made by C. Despite the fact no contract exists between A and C, A may sue C. Shanklin Peer -v- Dettol Products (1952?). What induced you to deal with the company in Canada? The representations made by the Forum!
THE STING
Who can be sued? You can sue the company in Canada for failing to fulfil their contractual obligations. It does not matter where the contract is justiciable whether its UK or Canadian law they have not completed there contract even if a supplier did let them down.
The Forum may be able to be sued under:
1. Contract (what terms and conditions did you agree to?)
2. Negligence (if they did what they should have "reasonably done")
3. Negligent misstatement
Before anyone is sued it is important to know what legal jurisdiction you are operating under. For example, if the company is based in Canada but operating on US servers which law applies? US or Canadian law? Or is the contract govered by the laws of a third party in a different jurisdiction?
Another factor to consider:
A scam operating on the internet is that you often get a supplier who supplies goods for a period of some months and gets a high rating. Customers feel confident and buy in the knowledge all is well (Ebay is an excellent example). Once they have gained the customers respect they then place a huge amount of stock onto the market which amounts to millions in some cases. Buyers, induced by the high credit rating of the seller, buy without fail. Suddenly the company goes bankrupt and cannot fulfil the orders or dissapears altogether. It was a common technique used in the UK in the 70's and many got stung. The advent of the internet makes it so much easier!
Other points of importance:
1. How did you pay? Payment by cerdit card, Paypal creates seperate obligation with you and them. You can be reimbursed.
2. If you paid by bank to bank the sending bank can contact the receiving bank and track the funds.
3. If the contract was made outside the UK jurisdiction you can employ, on a no-win, no-fee basis companies to handle matters for you. Because they get a percentage of the profits they usually fight to win!
I hope this information, although detailed, has helped you. Good luck!
Reason I purchased was because the forum owner does states that he verifys all seller applicants.
Therefor all buyers who purchased including myself were confident.
The seller was in canada, and they had sold b4 through the forum and all had gone well, but unfortunatly when I ordered along with other buyers,, all went wrong.
The seller stated that his supplier had let him down ann their supplier had let his supplier down,, but he wasnt up fron it too some months b4 we got to the bottom of the problem.
The seller promised that all buyers outstanding money would get every penny back.
Since the begining of this year the seller has not logged onto the forum nor has he responded to any of our emails.
The seller owes an estimated $19'000 to a group of us buyers.
One of the buyers has filed a complaint at www.recol.ca, that was a couple of months ago.
Has any one been in a similar situation and what happened
Answers:
still no experience.
What were the terms and conditions when you signed up for it?
You can't just take the forum's owner's word for it.
The owner of the forum is guilty of allowing fraudulent sales to go through his forum. That is a Crime in Camera, USA, infact in most of the western world.
However, it is obvious that he will declare bankruptcy and set up a new forum in a similar name with his wife as the owner.
The trick is in getting a lawyer early and sequesting his assets - it called, I think, a Mininerva.
There might be others out here but unless you list the name of the wholesaler you've been dealing with you'll never know.
you have no legal redress on the owner of the forum at all.
he as only to prove that at the time of verification everything was ok.
if the seller goes bent after that it is not is fault at all
the only time he can get done for anything is to prove he is in league with the seller.
you can only commit a crime if there is INTENTat the outset
you cannot commit any crime without "mens rea"
so unless you can prove the beyond reasonable doubt that the forum holder was aware of the situation nothing can be gained by pursing this action,.
any answer that says different is complete bollocks
THE BACKGROUND
I will deal with your problem from the perspective of current UK law. If you are in the USA similar laws may apply.
If the Forum owner states that they verify sellers on the forum for integrity then it may be they have breached there "duty of care" to you as a potential buyer under the tort of negligence. There are 3 components:
1. Duty of care
2. Breach of duty
3. Damage to plaintiff
Although they owe you a duty of care and you have suffered subsequent loss have they breached there duty of care? This is a hard one to answer because it would mean that reasonable steps would have to be undertaken by the wholesale Forum to ascertain a seller's integrity. What steps would be necessary is hard to determine. At the extreme end of the case if they took no steps at all then they would be liable because no reasonable person would do nothing! Furthermore, the fact you have dealt with a rogue traders seems to suggest they did very little. After all if reasonable steps were made then why did you get a merchant like that? They could have discharged their liability by doing everything reasonable in the circumstances. However, it would be no defence if you sued for them to say "that's the way we always do it" no more than it would be a defence for a surgeon, dentist or other professional. This would allow them to get away with murder!
Before you became a member of the Forum what were the terms and conditions that you signed up to? If there were any look at them carefully particularly disclaimers of resonsibility (this is where a party seeks to exclude or limit liability for loss caused to another). What does the contract say? Even if there is a disclaimer does not mean they are off the hook unless the terms are "reasonable". This is governed in the UK by the Unfair Contract Terms Act 1977.
If a contract does not exist between you and the Forum then there are other routes to examine. Loss suffered as a consequence of misstatements (Hedley Byrne -v- Heller and Partners 1963) may come to your aid. This is where one party places reasonable reliance on the statements of another and loss is incurred. Statements may be made:
1. Negligently
2. Fraudulently
3. Innocently
Either one will get your foot through the door. If the Forum claimed that they had made them with a genuine belief it would not prevent a finding of negligence or innocent misstatements. In the case I have given I wish to illustrate matters:
A bank gave a reference (which was wrong) stating that a company which had applied for advertising were financially sound. They were not and the bank was sued. They won on a disclaimer. Apply that to your case: You were induced to buy from a dealer because you were informed they were "sound" in their dealings. Well, that was not true was it?
It may be possible that the Forum can be sued by what is known as a Collateral contract. What does this mean? This is where A is induced to enter into a contract with B on representations made by C. Despite the fact no contract exists between A and C, A may sue C. Shanklin Peer -v- Dettol Products (1952?). What induced you to deal with the company in Canada? The representations made by the Forum!
THE STING
Who can be sued? You can sue the company in Canada for failing to fulfil their contractual obligations. It does not matter where the contract is justiciable whether its UK or Canadian law they have not completed there contract even if a supplier did let them down.
The Forum may be able to be sued under:
1. Contract (what terms and conditions did you agree to?)
2. Negligence (if they did what they should have "reasonably done")
3. Negligent misstatement
Before anyone is sued it is important to know what legal jurisdiction you are operating under. For example, if the company is based in Canada but operating on US servers which law applies? US or Canadian law? Or is the contract govered by the laws of a third party in a different jurisdiction?
Another factor to consider:
A scam operating on the internet is that you often get a supplier who supplies goods for a period of some months and gets a high rating. Customers feel confident and buy in the knowledge all is well (Ebay is an excellent example). Once they have gained the customers respect they then place a huge amount of stock onto the market which amounts to millions in some cases. Buyers, induced by the high credit rating of the seller, buy without fail. Suddenly the company goes bankrupt and cannot fulfil the orders or dissapears altogether. It was a common technique used in the UK in the 70's and many got stung. The advent of the internet makes it so much easier!
Other points of importance:
1. How did you pay? Payment by cerdit card, Paypal creates seperate obligation with you and them. You can be reimbursed.
2. If you paid by bank to bank the sending bank can contact the receiving bank and track the funds.
3. If the contract was made outside the UK jurisdiction you can employ, on a no-win, no-fee basis companies to handle matters for you. Because they get a percentage of the profits they usually fight to win!
I hope this information, although detailed, has helped you. Good luck!
Purchaing sleep meds from another country for personal usage?
Basially I work at night, needed sleeping meds to regulate my sleeping patterns, so I bought a pack of zolpidum online, but it was detended by U.S custom and border,
It gave me two choice
1, I agree to voluntary abando the imported controlled sustance
2. I request that CBP commence seizure proceedings, it says I am asking CBP to institute a formal legal process to allow me to contest the non-release of controlled substances in which I have interest. In making this election, I understand that I must provide evidence of a written authurization from the Drug Enforcement Administration to import the controlled substances to obtain relief from the seizure,
Can you explain this law to me, it's for personal time adjustment use, not for distributions or selling, how can I get it back?
Additional Details
If I choose 2, what do I need to do?
12 minutes ago - 3 days left to answer. - 3 answers
Answers:
Walk away from it, choose option 2
You must be looking for a stainless steel bed...
Walk away from it and let them have it. it is illegal to order without a prescription out of your State.
It gave me two choice
1, I agree to voluntary abando the imported controlled sustance
2. I request that CBP commence seizure proceedings, it says I am asking CBP to institute a formal legal process to allow me to contest the non-release of controlled substances in which I have interest. In making this election, I understand that I must provide evidence of a written authurization from the Drug Enforcement Administration to import the controlled substances to obtain relief from the seizure,
Can you explain this law to me, it's for personal time adjustment use, not for distributions or selling, how can I get it back?
Additional Details
If I choose 2, what do I need to do?
12 minutes ago - 3 days left to answer. - 3 answers
Answers:
Walk away from it, choose option 2
You must be looking for a stainless steel bed...
Walk away from it and let them have it. it is illegal to order without a prescription out of your State.
Punishment for shoplifting?
what is the punishment for underage kid that shoplift?
Answers:
I did it when I had just turned 18 and it was a lot of stuff over $300.00 worth. (And I learned my lesson) and it got dropped to a misdemeanor from a FELONY and I didn't even get probation. The judge will look into your previous records to see if you have had any prior run-ins with the law. But shoplifting is a big stupid thing to do and hopefully you learn your lesson. You will probably just get probation aat the most so stay out of trouble because they can press charges for the offense you commited that violated your probation as well.
The same potentially as that for an over-aged kid including civil fines and penalties called "civil recovery".
I don't know, but it should be the same as for over age kids.
The saying is "If you are old enough to do the crime, you are old enough to do the time."
It's time we took notice of this.
Answers:
I did it when I had just turned 18 and it was a lot of stuff over $300.00 worth. (And I learned my lesson) and it got dropped to a misdemeanor from a FELONY and I didn't even get probation. The judge will look into your previous records to see if you have had any prior run-ins with the law. But shoplifting is a big stupid thing to do and hopefully you learn your lesson. You will probably just get probation aat the most so stay out of trouble because they can press charges for the offense you commited that violated your probation as well.
The same potentially as that for an over-aged kid including civil fines and penalties called "civil recovery".
I don't know, but it should be the same as for over age kids.
The saying is "If you are old enough to do the crime, you are old enough to do the time."
It's time we took notice of this.
Punishment for desserters?
I know someone who is A.W.O.L from the U.S. Coast Guard as of today. In two weeks, she'll be considered a desserter. They have an idea of where she went.Canada. So what is the difference between the 2 and how long can I expect this person to sit in jail when she gets caught? She was trying to get out on a medical discharge. Apparently it was taking too long for her. She hasn't been quite right since basic training. She's only been in a few months.
Answers:
I'm sorry to hear your friend is having issues. It will be fine.
Your getting alot of wierd answers on this question, allow me to brief you on military law and ethics.
AWOL is separate from Desertion. Desertion can only be charged after 30 days absence and the prosecution can proove she had "No Intent" on returning to military control; the 30 day issue is "presumptive law" taking effect as after that time period it makes it easier to prosecute for the accusation of Desertion.
It is Highly Unlikely your friend will even be charged with Desertion as 99% of such cases are refered as AWOL which carries a maximum sentence of a Bad Conduct Discharge (BCD), six months confinement and forfieture of 2/3 pay for six months; this can only be issues by a "Special Court" and constitues a Misdemenor crime only.
It is also Highly Unlikely she will be court martialed due to her Application for medical discharge and MEDICAL CONDITION. HIGHLY UNLIKELY as they are not in a position to punish ill personel.
I recommend she do two things today, if you can tell her: one, telephone her command and tell them she is ok and will be back within a few days and two, telephone or see a JAG defense lawyer and a psychiatrist or psychologist and get an evaluation ON PAPER for her defense lawyer.
She can make arraingments to return to base by obtaining "stragglers orders" from almost any military command. Or, she can simply drive back and report to her own C.O.
Her C.O. has Total Control of her, period, Period...
Her C.O. can elect to do Nothing, send to to the base Shrink. I personaly doubt if any C.O. of a disturbed Sailor would be thrilled to arrest a patient with her issues.
Her remaining away will not work, she will be cut off from her family, always looking over her shoulder and the F.B.I. will actually hold an arrest warrant for her within 45 days at best.
Again, have her contact her Commander, let the Commander know she "screwed up" and then iron out the details for her return. The C.O. would be happy to know that she has enough respect for the command to call and come back.
After that it will only get better.
Be advised I have JAG experience and this is the normal way to deal woith these issues; it will be fine.
it sounds like you are not her friend. i personaly have no love for desserters...but you need to keep you nose to yourself. the military will find her and will punish her no matter how long it takes to get her back into custody.
She had better turn herself in. The longer she is AWOL the worse it will be for her. Canada is not so friendly and welcoming any more to deserters.
Sounds like she's eligible for a bad conduct discharge.
A.W.O.L is ''absent without leave''....She is a Deserter because she went A.W.O.L during a time of war. The highest punishment for being A.W.O.L during a time of war is death. But it usually doesn't happen like that. If they catch her, they might just force her to go back to her unit, while the prepare for court marital, where she will definitely lose pay, rank and face jail time, but there isn't any way to determine how much jail time she will face without knowing the whole story. Instead of running away, she should have spoken to her chaplain, the chaplain could have helped speed up the process, or referred her to mental health.
Good on her. I would hate to work for the millitary. Especially someone who works for the facists in the US government. Shame, really that one of the most beautiful countries in the world is under the control of the -cough- Nazi s -cough- 'Republicans', yes.
Maybe is the Democrats were in power, the world would be put into better hands. Better ethics and all...
This may sound drastic, but claim extreme injury on your mates behalf for him or her. If they do not believe you, or want proof, MAYBE... Sustain an injury on purpose...
Sorry, I am not very helpful. =[
The penalty in war time for desertion is execution by firing squad. There are other legal means to fight an unlawful order, but desertion is not one of them. In your friends case I see a dishonorable discharge and maybe some time in prison. She needs to turn herself in and I think under her circumstances she will just get the discharge. If she goes back now she will probably get reduction in grade, resrtiction, and a fine. Please tell your to face the music and everything will work out.
sounds like you want to turn her in , is she your ex-wife? you seem to know a lot of info are you harboring the fugitive? maybe you should turn yourself in for treatment.better yet go enlist and take her place on those pretty boats with flags waving next to the machine guns, and take swimming lessons in case your boat is shot up by drug smugglers trying to sell their stuff to your kids. she can deal with her own mistakes , go ask the JAG how long this could take..
Answers:
I'm sorry to hear your friend is having issues. It will be fine.
Your getting alot of wierd answers on this question, allow me to brief you on military law and ethics.
AWOL is separate from Desertion. Desertion can only be charged after 30 days absence and the prosecution can proove she had "No Intent" on returning to military control; the 30 day issue is "presumptive law" taking effect as after that time period it makes it easier to prosecute for the accusation of Desertion.
It is Highly Unlikely your friend will even be charged with Desertion as 99% of such cases are refered as AWOL which carries a maximum sentence of a Bad Conduct Discharge (BCD), six months confinement and forfieture of 2/3 pay for six months; this can only be issues by a "Special Court" and constitues a Misdemenor crime only.
It is also Highly Unlikely she will be court martialed due to her Application for medical discharge and MEDICAL CONDITION. HIGHLY UNLIKELY as they are not in a position to punish ill personel.
I recommend she do two things today, if you can tell her: one, telephone her command and tell them she is ok and will be back within a few days and two, telephone or see a JAG defense lawyer and a psychiatrist or psychologist and get an evaluation ON PAPER for her defense lawyer.
She can make arraingments to return to base by obtaining "stragglers orders" from almost any military command. Or, she can simply drive back and report to her own C.O.
Her C.O. has Total Control of her, period, Period...
Her C.O. can elect to do Nothing, send to to the base Shrink. I personaly doubt if any C.O. of a disturbed Sailor would be thrilled to arrest a patient with her issues.
Her remaining away will not work, she will be cut off from her family, always looking over her shoulder and the F.B.I. will actually hold an arrest warrant for her within 45 days at best.
Again, have her contact her Commander, let the Commander know she "screwed up" and then iron out the details for her return. The C.O. would be happy to know that she has enough respect for the command to call and come back.
After that it will only get better.
Be advised I have JAG experience and this is the normal way to deal woith these issues; it will be fine.
it sounds like you are not her friend. i personaly have no love for desserters...but you need to keep you nose to yourself. the military will find her and will punish her no matter how long it takes to get her back into custody.
She had better turn herself in. The longer she is AWOL the worse it will be for her. Canada is not so friendly and welcoming any more to deserters.
Sounds like she's eligible for a bad conduct discharge.
A.W.O.L is ''absent without leave''....She is a Deserter because she went A.W.O.L during a time of war. The highest punishment for being A.W.O.L during a time of war is death. But it usually doesn't happen like that. If they catch her, they might just force her to go back to her unit, while the prepare for court marital, where she will definitely lose pay, rank and face jail time, but there isn't any way to determine how much jail time she will face without knowing the whole story. Instead of running away, she should have spoken to her chaplain, the chaplain could have helped speed up the process, or referred her to mental health.
Good on her. I would hate to work for the millitary. Especially someone who works for the facists in the US government. Shame, really that one of the most beautiful countries in the world is under the control of the -cough- Nazi s -cough- 'Republicans', yes.
Maybe is the Democrats were in power, the world would be put into better hands. Better ethics and all...
This may sound drastic, but claim extreme injury on your mates behalf for him or her. If they do not believe you, or want proof, MAYBE... Sustain an injury on purpose...
Sorry, I am not very helpful. =[
The penalty in war time for desertion is execution by firing squad. There are other legal means to fight an unlawful order, but desertion is not one of them. In your friends case I see a dishonorable discharge and maybe some time in prison. She needs to turn herself in and I think under her circumstances she will just get the discharge. If she goes back now she will probably get reduction in grade, resrtiction, and a fine. Please tell your to face the music and everything will work out.
sounds like you want to turn her in , is she your ex-wife? you seem to know a lot of info are you harboring the fugitive? maybe you should turn yourself in for treatment.better yet go enlist and take her place on those pretty boats with flags waving next to the machine guns, and take swimming lessons in case your boat is shot up by drug smugglers trying to sell their stuff to your kids. she can deal with her own mistakes , go ask the JAG how long this could take..
Public records, how to find them?
how do i view public records for a person, exceeding and including finding out if there is a warrant
Answers:
It's a secret...
but there are ways..
call the courthouse in the county in question and just ask them. its public record and they will tell you. if you want to go down there you can get copies of the information for a small fee. dont use the online public record searches, they are rip-offs and usually not accurate.
Answers:
It's a secret...
but there are ways..
call the courthouse in the county in question and just ask them. its public record and they will tell you. if you want to go down there you can get copies of the information for a small fee. dont use the online public record searches, they are rip-offs and usually not accurate.
Public notory - charges?
has anyone been to a public notory to certifield documents. anyone know how much it costs?
Answers:
I was sent a document which had to be returned to America eighteen months ago. My signature had to be witnessed by a public notary and neither the bank nor any other authority were acceptable. I had to produce my passport. A waxed seal was fixed to the document after I had signed and two witnesses, one being the notary, the other his secretary, countersigned the document. It cost me thirty five pounds. Clearly charges vary so it might be worth your while phoning around your local solicitors. Incidentally, not all solicitors in UK are notaries, so that also has to be investigated at the same time.
Go to your bank. They will do it for free. Your signature must be witnessed in front of them.
I had to have a document certified in 2004, I searched all over for someone to do it, including a bank and post office, eventually I was told that I would have to go to a solicitor to have this done. The cost at that time was 拢40 for 1 document. The cost may have gone up since then.
I was used to going to a public notery (which are abundant in the statesand doesn't cost all that much to have it done usually $5-10 sometimes less sometimes more depending on the type of document and how many documents you need certified) and was shocked to find out that only the legal profession is able to certify documents.
If it is a photo your doctor or bank can do it. You can also call your local court they should be able to tell you where you can get your documents certified
About a decade ago, they charge as little as $ 5 per document. Now it would be safe to assume at least about $15-$20/document.
Answers:
I was sent a document which had to be returned to America eighteen months ago. My signature had to be witnessed by a public notary and neither the bank nor any other authority were acceptable. I had to produce my passport. A waxed seal was fixed to the document after I had signed and two witnesses, one being the notary, the other his secretary, countersigned the document. It cost me thirty five pounds. Clearly charges vary so it might be worth your while phoning around your local solicitors. Incidentally, not all solicitors in UK are notaries, so that also has to be investigated at the same time.
Go to your bank. They will do it for free. Your signature must be witnessed in front of them.
I had to have a document certified in 2004, I searched all over for someone to do it, including a bank and post office, eventually I was told that I would have to go to a solicitor to have this done. The cost at that time was 拢40 for 1 document. The cost may have gone up since then.
I was used to going to a public notery (which are abundant in the statesand doesn't cost all that much to have it done usually $5-10 sometimes less sometimes more depending on the type of document and how many documents you need certified) and was shocked to find out that only the legal profession is able to certify documents.
If it is a photo your doctor or bank can do it. You can also call your local court they should be able to tell you where you can get your documents certified
About a decade ago, they charge as little as $ 5 per document. Now it would be safe to assume at least about $15-$20/document.
Public notary services?
how long is a notary good for?
Answers:
A Notary Public has his/her commission in Wisconsin for 4 years (I'm not sure how long it is in other states). The comission can pretty much be renewed forever. The document that was notarized is always valid assuming it was actually notarized during the Notary's commission.
A notary renews his/her notary public status when necessary. It's not a matter of how "long is a notary good for".
Answers:
A Notary Public has his/her commission in Wisconsin for 4 years (I'm not sure how long it is in other states). The comission can pretty much be renewed forever. The document that was notarized is always valid assuming it was actually notarized during the Notary's commission.
A notary renews his/her notary public status when necessary. It's not a matter of how "long is a notary good for".
Public Lewdness?
If you are walking in a park and really need to use the bathroom and the choices are "do it on yourself or in a private section of the park" where you think a cop may not be, why should you get a ticket or be charged with public lewdness if there are no bathrooms nearby and you really need to go, honestly?
Answers:
What a conflict it is.When I used to drive 75 miles to work and back.sometimes there is no choice but to find an isolated place to relieve yourself.
Unfortunatley some have made it to a point that a city I used to "frequent" madi it a lewd act if you are caught and a misdomeanor.but try and see if you can use the local resteraunt or gas station..."customers only"...what's a person to do?
Last time I checked, there is no "right to take a whiz in plain view" under the Constitution.
Yes, I believe that in this day and age you can expect to be ticketed for ANY slight infraction. The Cities are hungry for money. No revenue/no jobs/no raises. They will not tell you there is a so called "qouta" but be assured that there have to be some type of "measures" in place to guage productivity. Bottom line is always about money.
You answered your own question...it's a PUBLIC park, I am sure they have PUBLIC restrooms. My kids play in the PUBLIC park, and we don't want to see your wee wee by accident because you don't feel like finding the PUBLIC restroom.
Well, how do you think women handle that same situation? Pee in the woods?
Grow up.
I assume that at some point in your life you've smelled stale, stagnant urine in the air. Imagine hundreds, thousands of people peeing in public, hidden or not, because they couldn't find a restroom, and what the "public" areas would eventually smell like. Having said that, risk it if you dare and have no other options. "Don't do the crime if you can't do the time, yeeeeaaaaahhh.(don't do it.)"
You should get a ticket because the officer thinks you committed an offense.
A ticket is NOT a conviction. Go to court and argue it before a judge.
This is a matter of state law, of course, and so you will likely have 50 different wordings, but as one example, Indiana Code 35-45-4-1.5(b) says "A person who knowingly or intentionally appears in a public place in a state of nudity commits public nudity, a Class C misdemeanor."
If you quietly and persuasively tell the judge that you were not intentionally nude, but that you sought out a secluded corner of the park to avoid public nudity, and were principally intending not to soil your clothing in a manner that would offend public sensibilities, the judge might agree that you're innocent.
If you walked up to a tree for privacy, it would strengthen your case.
in some places it is legal if you are far enough from a public restroom. in new orleans if you were homeless and got caught peeing in public you would be arrested for public masterbation and put on the sex offenders list, at least it was that way before katrina now they might be a little more excepting of the homeless.
Doesn't NYC cite for "public urination"? If no one other than the cop saw you (especially no kids) perhaps you can plead it down, first offense.
Answers:
What a conflict it is.When I used to drive 75 miles to work and back.sometimes there is no choice but to find an isolated place to relieve yourself.
Unfortunatley some have made it to a point that a city I used to "frequent" madi it a lewd act if you are caught and a misdomeanor.but try and see if you can use the local resteraunt or gas station..."customers only"...what's a person to do?
Last time I checked, there is no "right to take a whiz in plain view" under the Constitution.
Yes, I believe that in this day and age you can expect to be ticketed for ANY slight infraction. The Cities are hungry for money. No revenue/no jobs/no raises. They will not tell you there is a so called "qouta" but be assured that there have to be some type of "measures" in place to guage productivity. Bottom line is always about money.
You answered your own question...it's a PUBLIC park, I am sure they have PUBLIC restrooms. My kids play in the PUBLIC park, and we don't want to see your wee wee by accident because you don't feel like finding the PUBLIC restroom.
Well, how do you think women handle that same situation? Pee in the woods?
Grow up.
I assume that at some point in your life you've smelled stale, stagnant urine in the air. Imagine hundreds, thousands of people peeing in public, hidden or not, because they couldn't find a restroom, and what the "public" areas would eventually smell like. Having said that, risk it if you dare and have no other options. "Don't do the crime if you can't do the time, yeeeeaaaaahhh.(don't do it.)"
You should get a ticket because the officer thinks you committed an offense.
A ticket is NOT a conviction. Go to court and argue it before a judge.
This is a matter of state law, of course, and so you will likely have 50 different wordings, but as one example, Indiana Code 35-45-4-1.5(b) says "A person who knowingly or intentionally appears in a public place in a state of nudity commits public nudity, a Class C misdemeanor."
If you quietly and persuasively tell the judge that you were not intentionally nude, but that you sought out a secluded corner of the park to avoid public nudity, and were principally intending not to soil your clothing in a manner that would offend public sensibilities, the judge might agree that you're innocent.
If you walked up to a tree for privacy, it would strengthen your case.
in some places it is legal if you are far enough from a public restroom. in new orleans if you were homeless and got caught peeing in public you would be arrested for public masterbation and put on the sex offenders list, at least it was that way before katrina now they might be a little more excepting of the homeless.
Doesn't NYC cite for "public urination"? If no one other than the cop saw you (especially no kids) perhaps you can plead it down, first offense.
Public intoxication..does the judge ask questions?
i got arrested on 5/26
im just now having my "pre trial hearing" on 7/26
is the judge going to ask me any questions?
im from texas.
i was 17 when this happend. i am now 18.
i know im "underage" to be drinking..
BUT..i did NOT drive home.
Answers:
Of course he is going to ask you questions.
And your answers will probably influence your sentence.
If you plead "guilty", the judge won't ask you any questions.
Your attorney will best defend you. If he's a good attorney, he will get you the best deal. He's your attorney, be honest with him so he'll have a good defense for you and ask him all the questions you want to know. That's what you pay him for.
im just now having my "pre trial hearing" on 7/26
is the judge going to ask me any questions?
im from texas.
i was 17 when this happend. i am now 18.
i know im "underage" to be drinking..
BUT..i did NOT drive home.
Answers:
Of course he is going to ask you questions.
And your answers will probably influence your sentence.
If you plead "guilty", the judge won't ask you any questions.
Your attorney will best defend you. If he's a good attorney, he will get you the best deal. He's your attorney, be honest with him so he'll have a good defense for you and ask him all the questions you want to know. That's what you pay him for.
Public aid questions?
I'm kicked out of my house and can't go back home.
I applied for Public aid, and I'm wondering how much do they give you for spending and food money.
I'm 17, no children, nowhere to go, no job.
if anyone can let me know, that'd be great.
Thank you
Answers:
I would have to know more.. like what state you are in, etc. But Public Aide normally only gives you enough to SURVIVE.. most individuals homeless on public aide still remain in shelters. Email me bojenkins1@yahoo.com with more info and I would be more than happy to help.
Instead of depending on public aid, why don't you go and get a job of some sort? There's nothing to hold you back from trying, and you will have some sort of roof over your head for at least a few hours out of the day...
I applied for Public aid, and I'm wondering how much do they give you for spending and food money.
I'm 17, no children, nowhere to go, no job.
if anyone can let me know, that'd be great.
Thank you
Answers:
I would have to know more.. like what state you are in, etc. But Public Aide normally only gives you enough to SURVIVE.. most individuals homeless on public aide still remain in shelters. Email me bojenkins1@yahoo.com with more info and I would be more than happy to help.
Instead of depending on public aid, why don't you go and get a job of some sort? There's nothing to hold you back from trying, and you will have some sort of roof over your head for at least a few hours out of the day...
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