Title: [Hawaii] ended up in the ER from food poisoning at a restaurant

Question:
I ate at a restaurant Thursday and ended up in the Emergency Room.

Came in Thursday night around 10ish. Had 20 boneless wings. Starting at 2am I had severe diarrhea every 30-60 minutes. Starting at 9am I had severe projectile vomiting every time I even took a sip of water. Ended up spending all of Friday in bed and in the bathroom.

The dehydration from vomiting and diarrhea got so bad that by Friday afternoon I could barely move and my entire body was tingling/buzzing (which is apparently all your nerve endings freaking out from dehydration). Severe stomach pain, severe headache, breathing constantly as if I just sprinted a mile, lips mouth and throat sticking together, and physically the weakest I've ever been in my life.

Had to get carried out of my apartment and taken to the ER where I collapsed when I got there. Spent most of the night in the ER and had to get FOUR bags of fluids. Now it's Saturday and I'm still in the bathroom every hour. My friend ate the same thing as me and also got diarrhea but that's it.

What are my options? I have no hard proof that their food caused this but it was the only thing I ate Thursday night

Answer:
 Medical opinion usually holds that food poisoning takes much longer to show up. Everyone always blames the last place they ate, often incorrectly.

Call the health department and let them know, and tell them everywhere you ate that day. If other people are affected they may see a pattern.
Answer #2: Highly unlikely you'll be able to link what happened to their food.


Title: Help with a speeding ticket I don't deserve

Question: So long story short I was driving to work one morning when I saw a police car up ahead. As with every cop car I see my immediate reaction was to look down and check my speed. My speedometer was reading just under 60mph and the limit was 60 so I drove right past him. Immediately the lights and sirens come on and he pulls me over. He gets to my window and asks me if I knew how fast I was going. I told him that my speedometer read a little under 60 when I passed him. His response was "wrong, I clocked you at 74mph."  Obviously I said that that wasn't correct. Being in an 07 jeep wrangler that's pretty fast for that vehicle. Anyway he gave me the ticket for 74mph in a 60mph zone. How do I fight this?  It was in kansas city Missouri btw.

Answer: 75 in a Wrangler is nothing and doable any day of the week. Have you changed your tires and rims out to larger sizes? If so have you re calibrated the speedo?


Title: At what point can you have a case against you dropped due to some mess up with cops not mirandizing you.

Question:
So this is a totally what if thread but I am honestly corious about this. Some follow up questions would be does your Miranda have to be audibly read out? Do they have to fully read them off? Does anything before that count as evidence? What violotions could the police make that would have the case thrown out when it reached a judge?

I know these rights are a huge deal so I'm hoping to understand these rights very well.

Answer:
 You have to be read your miranda rights when you're in custody and being interrogated.  It's a tv fiction that you have to be mirandized as soon as you're arrested or everything goes out the window.

Generally,  if you're not mirandized and end up making a statement/confession,  that confession will be thrown out.

Not being mirandized is not an automatic dismissal. Answer #2: The only thing that Miranda will get thrown out is any statements you made during questioning after you were arrested.

It nearly never results in the whole case getting thrown out.Answer #3: A Miranda violation will not get your case dropped, it will prevent the prosecution from introducing the statements that are obtained from the un-Mirandized interview. It may be that that evidence is so important that the case cannot proceed without it and the case may be dismissed because of that.

Miranda warnings must be given when two things happen: the person is (1) in custody and (2) being interrogated by the police. If either or both are missing, Miranda is not required and statements are admissible.

They don't need to be read verbatim. They need to advise you of your right to remain silent, that statements will be used against you, that you have the right to have an attorney present for questioning, and that an attorney will be appointed if you can't afford one.

A statement taken in violation of Miranda is not inadmissible for all purposes. For example, if the defendant testifies and gives a completely different story, the un-Mirandized statement can come in as long as it was not coerced.


Title: Debt collection company attempting to extort me out of 2000% of alleged gym membership debt

Question:
[UK]

First time poster here.

I had a 12-month contract with my local gym and on the 12th month I went into the gym to request that I cancelled my membership. The person working behind the desk at the time looked up my details and said that they were unable to cancel the direct debit from their side and that all that was left for me to do was to call my bank that day and block the direct debit.

However, yesterday I received an email from a debt collection company saying that they had sent me 3 letters via mail (I haven't received anything) and had been trying to contact me via phone for months (I had my first phone call from them today after they emailed me) regarding my gym membership.

I spoke to them and they said that, as my direct debit had been blocked a week before the last payment was taken (though the gym said they had done everything from their side), I still owed £15 gym membership (due Sep 2015).

**However, they are also adding £285 of admin fees for 'tracking me down'.**

Do I have a legal leg to stand on? I'm a student and can't afford these charges. I have no idea what to do. Please help.

Answer: you might also want to post over at r/legaladviceuk.


Title: My landlord just told me he is going to rip of the roof in my bedroom

Question:
A few months ago there was a water leak in the apartment over the one Im renting and a lot of water came down here. The owner hired a guy to measure the water levels and they found out there still was water in the roof.

I havent heard anything about this until now when the landlord suddenly sent me a message and told me that they are going to rip the roof open. That means our bedroom will be missing roof, and they will be able to look down here.. It will have to be open for a few days to. He is planing to do this in a week.

Honestly that makes me really uncomfortable, and I asked the landlord if he can wait till we move out in september, which he replied no to, he couldnt wait that long. My SO and I are going on a vacation in two weeks and that means that the renovation will be going on while we are away. And this too makes me really uncomfortable. I dont want any strangers at my home while Im far away.

Does anyone have any suggestions? Can my landlord just make this kind of descision without my confirmation?

Answer:
 It's not a renovation, it's a repair and he's not only within his rights, he's obligated to do this.Answer #2: > Can my landlord just make this kind of descision without my confirmation?

Yes, and you won't be in town so it's a non-issue. Your landlord generally doesn't need your permission to enter for necessary repairs.Answer #3: This isn't legal advice, but start moving your important/valuable stuff into a more secure area of the apartment or to another person's home for safe-keeping. Major repairs are not always easy: weather, more damage than anticipated, flaky contractors, etc. Cover all furniture/belongings left in the room with secure tarps in case the standing water comes in or there is a burst pipe, and just to protect it from construction debris.

You can also put a temporary lock on the outside of the bedroom door (simple slide lock that can be fastened with a padlock,or reverse the doorknob if it locks securely) to keep the workers confined to just that room and away from your stuff. You can easily patch the holes from a temporary lock when you remove it before you vacate the apartment.Answer #4: From a construction standpoint, this needs to be done. It's not a "non issue." it's not something he can put off at all, much less until September. Roofing issues can destroy buildings.

Furthermore, as a landlord, he is legally obligated to do needed repairs and maintenance.


Title: Need advice about a coworker who committed credit card fraud and texted me a confession

Question: Located in Utah. So yesterday I identified my coworker on our police’s Facebook post with photos of her. I called the police and said I think I know a suspect. An officer called me back and took all of the info I could give them about her. I was left anonymous on the report and didn’t speak to her about it. That was yesterday afternoon. Then yesterday evening very very late, I received a written confession from her about it over text, including who she stole from. I would like to let our boss know (she named him and other co workers I care about that she stole from), and I would also like to show the police so she can be properly brought to justice and learn from her mistakes so she doesn’t do this again. My questions are, can I talk about this at work today? Can I tell my affected coworkers about the text and possibly show them? Can I just tell my boss in private? If I go to the police station today to show them, will they confiscate my phone? Can I print out my contact info for her and print out our complete text history for them instead? We’ve never spoken over the phone verbally, just text. If I show up at the station after work with those print outs will I be allowed to keep my phone? I am concerned about this because I do need it for my day to day life right now. Advice needed ASAP! Thank you!! And this is a new account just for this post because my friends know my regular reddit and I don’t know what may or may not count as leaking active case details or obstruction of justice or anything. Thanks again!

Answer:
 You report it to the police and leave it at that.

Don't go around blabbing about this. Don't be "that guy".Answer #2: As regards the phone, IANAL, but I am in cybersecurity and have some knowledge about this area:

If you just hand the cops your phone and say: the evidence is there. They can search your entire phone, including things you might not want them to search.

You can tell them to limit the search to the text messages, or to the text messages between the two of you, and that will limit their legal scope of search. (So they won't pull anything from your pictures, for example).

&#x200B;

You don't have to leave your phone with them if you don't want to - they don't have a warrant to take your phone.

You don't have to let the police collect the evidence from your phone - you can go to a 3rd party licensed digital forensics firm and have them pull forensically sound evidence from your phone, which you can give to the police (or they can), and it will be admissible in court as evidence.


Title: Do we (as high school students) have the right to have access to a safe washroom throughout the day at school?

Question:
My school has the insane tendency to lock the bathrooms as a punishment cause some students were caught doing stuff in there they won't supposed too. Mainly vaping and smoking. I just want to know.... is this illegal?
(Canada)

Also apparently for taking too long in them. I  didn't have a class... and was threatened by a teacher with locking the bathrooms cause I was in there for 20 mins.

Answer:
 Yes it's legal.

There's a thread on this every other day. It's very common.


Title: Speed traps allowed in no loitering zones?

Question: I live next to an elementary school and there are police there quite often, is this allowed? They wait in the driveway leading to and from the school. NS Canada

Answer:
 I'm not sure if you understand what a [speed trap](http://www.motorists.org/speed-traps/definition) is.

Anyway, yes, police are allowed to sit in their cars near schools, enforce the posted speed limit, and prevent kids from getting run over.  Most people would consider that a legitimate safety purpose.Answer #2: The definition of "Loitering" is:

> stand or wait around idly or without apparent purpose.

If it's apparent that they are looking for speeders (or other traffic violations) then they don't fit the definition anyway.


Title: Gun seized

Question:
This is my first post on reddit ! So here we go..

I had my pistol taken in my home state Kentucky.  Due to having it hidden from view from the police.  I was charged with concealment of a deadly weapon.

Will I be able to get my gun back?  What other implications might I face due to this stupid mistake?

Edit: Thanks for the replies.  Some more information, this happened in April so it wasn't too long ago.  I already went to court and they put me on unsupervised probation for one year.  I pleaded guilty.. which I don't know if it was the right thing to do, I just wanted to own up to it and get out of jail!

Answer: You need a lawyer and should be MUCH more concerned about the potential felony charge than with getting your gun back.


Title: GED questions

Question: [deleted]

Answer:
 You don't need legal advice, you need counseling. Even if you get a GED, the same problems that lead you to fail your high school/online classes are going to follow you into community college. Then university, if you go that route. Then work.

Except, when you fail in community college, you're not only wasting your time, but your (parents') money. Find a counselor or therapist, figure out what's going on and use these next few years to get better.


Title: Can I put my rent in escrow if my Land lord refuses to properly fix my air conditioning unit? [OH]

Question:
So this may was rather warm and my AC has been running quite a lot. I don't have a huge place but it's a 2 bedroom apartment. The one bedroom is essentially storage so I shut off the vent in there so in total I'm cooling a kitchen, a conjoined living room /dinning room area, the bathroom and the bedroom.

This unit is constantly freezing which is a huge indicator of it being low on coolant. They came out when I submitted a work order and put some back in it. They ended up over filling it causing it to cycle one and off every 10 seconds. That in itself is very power intensive. So they come out and let some out after I complained again. The result is it started freezing again. Pretty much wash rinse repeat 3 times over until now.

I got my power bill yesterday and it was $150. Wtf? That's insane. We religiously turn off lights and appliances when not in use and this bill is more than double the highest bill I received so far at this unit. This broken AC unit is costing me a fortune and I cannot afford to go through the rest of the summer like that.

What makes things worse is that I don't even think they have a licensed HVAC technician working on this stuff, just the maintenance guys. (Which I'm fairly certain is illegal in OH).

To get down to brass tacks though, can I put my rent in Escrow over this? I would be okay with turning off the AC more but having g two dogs and it being so hot I just don't see that as an option. I would put more fans out but did I mention none of the outlets work in the bedrooms?

Please leave a comment if you need more info id be happy to share. I can't wait til I can buy a house!

Answer: You can't just decide to put your rent in escrow, you have to follow the process outlined in the Ohio landlord/tenant law first.Answer #2: It depends on your lease. Air condition is not considered a necessity. If your lease includes a functioning AC unit then you may have a chance. If it does not you are SOL. Maybe get some window units? I know it is not ideal.  You may have a leg to stand on when it comes to the outlets. You should really push for those to work.


Title: Bought a certain hat, now receiving unwanted mailers

Question:
[Montana] Last year, after the election, I decided to purchase a "MAKE AMERICA GREAT AGAIN" hat. I have a collection of memorabilia from U.S. presidential campaigns and I wanted the hat to be part of it despite supporting another candidate politically. Cut to several months later and I receive this in the mail from the man himself courtesy of the RNC: http://imgur.com/a/X0x3d
Normally I would discard such an offer on its face, but given the source and the aggressive tone of the correspondence I felt compelled to seek the advice of this subreddit before taking any action. Denizens of /r/legaladvice, is there any reason I don't discard this mailer in disgust? How best do I reject the terms suggested in this correspondence and indicate that I do not wish to receive any further offers? Thank you for any response.

Answer:
 You had to know they were going to solicit you, but on a positive note I would add the mailer to your collection of memorabilia.
 Answer #2: They're going to keep coming no matter what you do.


Title: [CA] Landlord wants to evict us saying he plans to live in our unit.

Question:
We've been living here in Los Angeles for almost 20 years. I'm not sure what the initial lease agreement was anymore but It should be month to month by now. Our previous landlord sold the property to this new owner 2 years ago. Today he told he he plans to live here so he wants us to move, offering to pay for relocation fees.

Can he do that? I know he has to give some kind of 30 or 60 day notice to month to month tenants. We always paid on time and don't cause any trouble. This is just a guess but I'm sure he wants us out because we pay the least in rent here. Our previous owner was really nice to us and let us stay for $300/mo for a very long time.

Answer: The fact that he's offering to cover your relocation fees is pretty generous. You should probably take his offer.


Title: Jackson Hewitt is refusing to uphold a contract they offered and we signed. What should I do?

Question:
We filed our 2014 taxes on January 31,2015 with Jackson Hewitt and an error was made on the Tax Preparers end. My wife paid quarterly taxes in the 1st and 2nd quarter of 2014. Copies were provided to the tax preparer. Once everything was completed our Federal Refund was set at $3,170. After waiting the 21 days as we were told we still had not received our refund. We contacted Jackson Hewitt and were told there was nothing they could do, we would have to contact the IRS ourselves. We did just that and found that our refund was being looked at because there were 4 estimated tax payments submitted and there were only two found in their system. I explained that my wife only paid in twice and they proceeded to tell me that 4 were submitted so they would have to correct the issue and we would only be receiving 943.30 back.

I contacted Jackson Hewitt and told them that the Tax Preparer had in fact made an error and doubled the estimated tax payment when entering our information. We discussed that I had signed the GOLD GUARANTEE and were still guaranteed the higher amount refund. The Gold Guarantee Certificate signed by both my wife and I states that "If due to an error in the preparation of your covered Tax Return you: (1) receive a tax refund from a taxing authority smaller than the refund amount set forth on your tax return, then Jackson Hewitt Inc. , up to a cumulative total of $5,000 for all Covered Tax Returns). What we signed specifically states we are entitlewill reimburse you for the net amount of such refund shortfall and/or additional tax liability as the case may bed to be reimbursed. However, after dealing with the Regional office in Oklahoma City since February and being put off several times with different excuses and ignored phone calls we were told today that we are still not getting the reimbursement anytime soon or if ever for that matter.

After several weeks the franchise owner finally called us back and said the he was not going to be able to give us the money because the Gold Guarentee was from a third party. We explained to him that the contract we signed stated that if an error was made "Jackson Hewitt Inc." would refund the difference. He then replied with he wasn't exactly aware of the wording on the "Gold Guarantee Contract."

My wife and are aren't able to go blow a lot of money to get a lawyer. We are wondering what we should do. Thanks for any help

TL;DR. We signed contract. Jackson Hewitt will not own up to their mistake and pay up.

Edit: Thanks for all the help. Clearly I know now by being downvoted to hell that the BBB was the complete wrong way to go and a waste of time. I am a fairly young guy and never had to deal with any legal action. I did file a complete through the NJ consumer affairs. Most likely I am going to take them to small claims court and try one of those lawyers that says "you don't pay unless we win" kind of deals. Thanks again.

[Gold Gurarantee contract](http://i.imgur.com/nWlsjw8.png)

Answer:
 >When we told him on the contract that we stated if you are not given the correct amount "[company name] Inc." will refund your money.

Right. This guy isn't [company name] Inc., he's a franchisee. You need to talk to corporate.Answer #2: This isn't legal advice, per se, but a clarification. Let's say your tax liability was $10,000 and originally they erroneously included withholding and estimated payments of $13,170 to give you a refund of $3,170. Now, they realize you only had withholding and estimated payments of $10,943 so your refund is only $943. Nothing has changed with regards to your tax liability or your true amount of withholding and estimated payments. Assuming they have made no other errors, the $943 is the true and correct refund you should have received. Now, based off of the wording of the contract, it does sound like that should be a $2,227 fuck-up on their part. If they do eventually pay you the difference, that money wouldn't be your tax refund: your true tax refund is and was only ever the $943. Ironically, if they do ever pay you the $2,227 to get you to the $3,170 they had initially represented as being your refund, they should issue you a 1099-MISC at the end of the year as that $2,227 would be taxable income to you! Answer #3: Hey, I've worked for one of their competitors - try escalating up the chain.


Title: Bank declined money transfer but it went through anyway

Question:
Currently in the UK.

I downloaded a popular app for money transfer (not sure if I can name it here so I'll err on the side of caution), to send money to family overseas. Everything went fine on the app until the last stage in which a notification appeared telling me my transfer hadn't been completed but that I'd be contacted by my bank shortly and to follow my bank's instruction.

I received a text from my bank asking to confirm it was myself making the payment, which I did. I was then sent a text explaining that my payment was declined for my security.

I made other arrangements, however the following morning I received an email from the app company that the receiver had successfully picked up my money. I checked my bank account to find the money had indeed left my account, despite having been told the previous evening it had been declined.

I have no way of contacting my family members at this time, as they are on holiday but I desperately need this money back due to having now made two payments. Am I right in thinking I've been faulted here by either the app or my bank? I've already contacted the app company and am awaiting their reply. What can I do?

Answer: Have you contacted the bank yet?


Title: (NH) My hometown has been doing a bunch of road work the past few weeks. I believe driving over all of the pavement sawcuts is what caused the front axle of my car to snap the other day. So i have any sort of case to get the town to pay for the $1000+ of damages to get it fixed?

Question: Any input is greatly appreciated!! Thanks!

Answer: It'll be argued that the axle shouldn't have snapped if it were in good repair, and based on how all the other cars that drove on this road are still working, it must have been pre-existing damage and would have happened eventually and thus, not their fault since the cuts were made per regulations.


Title: [CA] Lost my job over my Facebook profile picture

Question:
**Answered: CA is at-will employment, I can be fired for any reason. Thank you all for your help.**

**Edit 2: Just filed for unemployment. It was easy and convenient, I had no idea I qualified. Thanks Obama?**

I just received a phone call from my place of employment for the last 6 years. I'm not sure which pieces of information are most relevant here, so I will do my best to be concise yet detailed, please bear with me.

The picture in question is me drinking a beer on my day off, with the text suggesting I am hungover, thanking a friend's bar for hosting an excellent event.
I work in a restaurant, I am a bartender.

I just received a call from the bar manager, saying a shareholder; told the owner; told the general manager; told him (bar manager) that I am no longer allowed to pick up shifts, and will not be scheduled.
**This might be the most important part**
They do not use the word fired, and I think it is for legal reasons. Other than that vague *guess*, I know I am not allowed to work there now, but I am still on the payroll?

I have write ups. None of them are recent (3 years old is the most recent), but I was told a long time ago that the purpose of write-ups is to ensure there is a record of misbehavior to justify a firing (really not sure about that, just what I've heard.)

**I'd rather not bring a lawsuit against this company if it can be avoided**
provided I even have the grounds for a lawsuit, I'm not sure I do, and you may tell me I don't.
I am saying this because The owner likes me, the GM likes me, and I believe they value my employment there. That is why this seems so out of the blue-- the owner JUST used me as an exemplary employee in the last company-wide bar meeting, and my GM relayed that to me.

I'm not sure if I've shared enough information about this situation, but thank you for reading this far.

Right now my course of action is to contact the GM and simply ask if what the bar manager has said is even true, because I honestly don't believe it. If it is true, I don't intend to have any conversation. I intend to say "this is unfortonate, but thank you for all the opportunities and help."

I also want to eMail the Owner to say essentially the same thing: "looks like I've lost my job, but I don't want to talk about that. Instead I'd like to thank you for hiring young me. Without this job I wouldn't have half the resume I do now, and I wouldn't be graduating from college this spring" It's a thank you I think he deserves, but I am very concerned about implicating myself?

I have no idea what I'm doing. My world is upside-down, and I'd really appreciate any advice that might help me turn it around, or help me understand what I've done wrong.

Thank you, reddit.

Answer: In CA, you can be fired for no reason at all.  It is an at will state.  File for UI and move on.


Title: Just moved out on Sunday, landlord claims I put hole in wall in my apartment. I didn't, and I have pictures. They're refusing to send a picture back to me showing the hole.

Question:
So I recently just moved out of my apartment (Ontario, Canada). I was sitting at my desk today at my new place and I got an email from my landlord. She's said that I put a hole in the wall and I need to lose my deposit and pay for the damages.

I said I didn't and that I took pictures when I left (to which I did). I asked her to send me a picture of the hole in the wall and she refused to. It's only been a few days, and I still have my key because my lease isn't technically up until the 31st.

What can I do to stop my old landlord from trying to pry money out of me, she's generally a nice lady, just has some quirks.

Answer:
 You can't stop her from trying, until and unless it reaches the point of harassment, but the ball's firmly in her court, here. If you refuse to engage and make your position clear - that when you returned the unit to her possession, it did not have a hole in it, and therefore you believe you are not liable for that damage - then it's up to her to take the next step.

That next step would generally be either sending the cost of repairs to collections, in which case you can dispute the debt, or taking you to small claims, in which case you have a good defence based on your evidence.

Also: what deposit? _Damage_ deposits are not legal in Ontario. If she collected one, the Landlord & Tenant Board can compel her to return it in full even if she alleges you damaged the unit. The only deposit a landlord under the Residential Tenancies Act can collect is a deposit for the last month's rent.


Title: [MN] LL sent me a shady email that seems oddly threatening. I haven't done anything wrong, but something just seems... Off

Question:
Apart from the drama that occurred around mid October that I shared with all of you regarding no heat in my unit, I haven't had any issues with my landlord in the past. Apart from one month where I paid 90% of the rent on time and the rest 3 days after the deadline, I've had no payment issues whatsoever. Myself and 50 other people received the following email:

>Ok folks here is the deal. I want something from you.

>All of you have had real estate  dealings with me in one fashion or another.

>Some of you sold it to me, insured it, financed it, rented it, wrecked it, paid me late.

>Some of you benefited from my knowledge and experience and I did not charge you.

>A few of you deserved to be tossed on the street. And I  didn't  do it.

>Here is the bill. Find me and review me on Zillow. The rules are that I get all 5 stars...in every category. You can be honest in your comments. But if I get less than 5 stars I will know and you will pay....some of you literally  will pay.

>If you are getting this email, it means I respect and your opinion enough to ask for it.

>Find me on Zillow. Rank me (all 5s, and I am serious about that). Write an honest review.

>That's  it!

First off, I don't know what this guy's angle is, but I don't feel right about it. Is this legal? Regardless, what should I do about it?

Answer:
 Little does the landlord know that [Zillow doesn't like landlords doing this](http://www.zillow.com/blog/pro/why-reviews-sometimes-get-rejected-109478/) and it's also blackmail to demand 5-star reviews or face some sort of (probably financial) "punishment".

tl;dr of email: "Rate me 5-stars or I'll find some way to evict you or make your life hell until I can kick you out."Answer #2: > If you are getting this email, it means I respect and your opinion enough to ask for it.

I love this part.  I respect your opinion enough to tell you what it should be.Answer #3: This probably isn't the place for this, but it would be nice if the whole internet could find your land lord on Zillow and post, comedic, one-star reviews.  If only you had a personal army.  Otherwise, you should contact Zillow and give them a heads up that he's attempting to commit fraud.


Title: Can a teacher make kids admit abuse in front of the class?

Question: My little sisters school has been letting a some pre-k teacher go into different classrooms and question the kids about abuse. Apparently the teacher was calling the kids liars if they said they weren't. I was wondering if this was illeagle in Nevada or just something to be brought up with some higher-up official?

Answer: A little more context is needed. Have their been allegations of abuse?  If so the police should be involved and only people who have received specialized training should be talking to the children.


Title: Was "resisting arrest" and got punched by officer (BC)

Question: A group of friends and I went downtown to do some clubbing, its around 1 am and drama starts up. Apparently some girl accused one of my friends (a guy) of hitting her (and I guess its something that actually occurred four years ago) but on this night my friend was dancing with his girlfriend. So the bouncers come along and ask our friends to leave so we don't make any trouble of it and leave. The girl had been hit four years prior sends her posse out the fuck with the friend of mine who she was calling out. So our posse starts getting in between their posse and our friend. Things eventually seem to be cooling down because we didnt want to fight. Next thing I know the cops are arresting my friend who had been accused. So I start trying to explain to the officers that my friends have done nothing wrong. They tell me to back off and I comply for 30 seconds and then start pleading with the officers again. Then they start arresting me and thats when it gets blurry for me but one of our posse was filming what was happening and in the footage they ask me to stop resisting and Im asking why they are arresting me, this goes back and forth for maybe 15 seconds and then I've got three cops on me and one of them punching me in the face. Next thing I know I'm in the back of the police cruiser for a while cuffed up and I try and call my girlfriend to let her know whats going on. The officer then comes into the back of the cruiser demanding my phone, at which point I resist further. Ten minutes or so goes by before I'm put in the back of the police van with 4 other people, after a little while they took us to the police station at which point they left us all in there with the windows and doors closed so it gets hot quickly and all of our cuffs are way too tight (maybe thats normal I don't typically end up in cuffs). Anyways now its the next day after spending the night in the drunk tank. My eye is kind of fucked up from the ordeal and my wrist is swollen and bruised and my fingers still feel a little numb. Just thought I'd ask r/legaladvice if there is anything I can/should do in this situation

Answer:
 > They tell me to back off and I comply for 30 seconds and then start pleading with the officers again.

So, this all started because you disobeyed a direct order from a police officer.

>  if there is anything I can/should do in this situation

Get a lawyer. That is what you can and should do in this situation. Answer #2: So, by your own account, you were resisting for '15 seconds'

'stop resisting'

You resist

'stop resisting'

You resist

And then you got punched in the head. What did you think would happen? You could just keep resisting for some indefinite period of time and they'd just keep asking?

When you resist lawful orders, the po-po don't just try and sweet talk you into it. They will only ask nicely for so long, and then they will escalate the amount of force used.


Title: Robinhood deactivated my account and I cant withdraw my money from it

Question:
A while ago, I began to use the robinhood app to invest in crypto but two months ago they randomly deactivated my account. Now I cant get my money back and customer support will not tell me why it's been deactivated. I have tried to contact them several times but they continuously say that they dont have any information or cant update me. It's not a lot of money but they cant just do something like this. What can I do?
Topic:
Computer and Internet

Answer:
 Look into filing a complaint with FINRA. Robinhood is a brokerage firm and will definitely respond to a FINRA complaint.Answer #2: Did you break their TOS somehow?Answer #3: Do you have a bank account or cryto destination address linked to your RHC account? If so, they might have automatically credited back there after they closed your account. Check your bank and/or your crypto wallet.Answer #4: Sounds like your account was frozen as a part of an investigation.  You are not likely to be unfrozen until the investigation is completed.

You can look into filing a complaint with your regulator or by trying to provide your bank details about your crypto transactions.Answer #5: Robinhood only supports cryptocurrency trading in some states.  What state do you live in?  Did you correctly report that to Robinhood?Answer #6: This sort of happened to me after I came back to robinhood a week ago after a long time not using it. Had to do with their user agreement, I think. They asked me to apply again with a different email.Answer #7: How much do you currently have in the account?


Title: California-paycheck was delayed, is the company liable for late or overdraft charges?

Question:
So I live in California and am paid bi-monthly (10th&25th) and because of some "error" in the direct deposit system those with direct deposit won't be paid until the 12 because of Veterans Day (people who receive paper checks got paid on the 10th).

I have a few things set to auto withdraw today (11th) and I was wondering if the company would be liable for the overdraft/late fees because I wasn't paid when I was promised?

Answer:
 No.  When you're not paid you can file a wage complaint, but since you're being paid on the 12th a complaint with the department of labor won't do anything for you.

You knew on the 10th you weren't getting paid that day.  So you should have taken steps to turn off auto-withdraws so as to not incur the overdrafts/late fees.


Title: My dad has to take a pay cut to pay his coworkers’ insurance?

Question:
NC - My dad works an hourly job at a factory.  Recently, his employer has started to offer insurance to employees. My dad decided not to take it as he gets better insurance through my mom’s company.

Last week, his manager came up to him and told him they were going to cut his pay by $4 an hour and used the insurance offering as an excuse. As in, we’re cutting your pay to pay for everyone’s insurance.  They didn’t do this to any other employees.

Is this legal? If it isn’t - is there anything I can do? Could it be considered discrimination? Honestly, I feel like they did it to my dad because he’s older and can’t really afford to pushback.

Thanks for any help.
Topic:
Employment Law

Answer:
 They can't retroactively change his pay. They can notify him of the change and if he doesn't agree and chooses to quit it's constructive dismissal and he should be eligible for unemployment. He would need notice of the pay change in writing so he can prove it.

It doesn't sound like they're saying "we're paying you less because you're old" so it isn't discrimination.


Title: I worked for a company for 2 days. Now they are telling me I owe them money.

Question:
I am a college student with a full time job and towards the beginning of the summer (around mid may) I decided to get a second job for the summer since I was not enrolled in summer school.  This was a retail job for a hardware company.  They make their employees pay for their own uniforms (which is just like a $10 vest) as well as their own equipment like gloves and tape measures. I personally think that should be provided but that's not a big deal anyways and I signed to have those purchased and taken out of my first paycheck. The only day I worked during the first pay period I was there was for orientation which lasted about 3 hours and I got about $20 for that paycheck which was appropriate as I made $11 and hour and I figured some money was taken out for taxes and the equipment I purchased. I then worked two four hour shifts in the next pay period and quit because I quickly realized this was a terrible company to work for and I didn't need the second job anyways. I had never received the gloves and tape measure I had purchased, only the uniform; and I was paid about $55 for the 8 hours I worked during the second pay period, which seems appropriate as taxes and paying for the equipment I had not received may had been taken out.

Now yesterday I get a voicemail from this company telling me I still owe them $2.61 for "privileges." So I call them to find out what is going on and they don't specify what I owe them for exactly, just that I still owe them. I tell them that's a load of crap that I still owe them for working for them especially because if there was anything I owed them for then it should have been taken out of my paycheck. She said only 75% of my paycheck can be put towards things I owe the company which makes no sense because I made about $75-80 dollars from that company AFTER the expenses for supplies had been taken out, and there was certainly room to pay for more supplies had I need them to still be under the 75% of my paycheck mark. Also during this whole conversation on the phone she was whispering to her manager behind to her to get things figured out, because apparently I couldn't talk to the manager myself. I didn't hear everything they were saying but it sounded like they had a word for this; this company definitely goes after old employees saying they're owed money often. I told them to send me their paperwork and receipts and they said they would email them to me and I still have not heard anything back from them since.

I know its only $2.61 they claim I owe but its the principle more than anything. Is this something I should be worried about? Can they really come after me over this small amount of change? What actions can they (or I) take? I know it seems petty on my end for refusing to pay this company for the equipment I haven't received but I find it egregious that they find ways to have their employees work for them and then leave their company in debt to them. Im in ND btw.

Answer:
 > I told them to send me their paperwork and receipts and they said they would email them to me and I still have not heard anything back from them since.

Wait for them to send you this before you continue.Answer #2: NAL, but if the cost of a uniform you are required to wear causes your effective pay to go under minimum wage, then that is not legal.

https://www.dol.gov/whd/regs/compliance/whdfs16.pdfAnswer #3: Company name starts with an M and ends with an ards right?

Wait for them to send you the receipts for what you purchased, and the tape measure/gloves as well, since you said you didn't receive them. And you need to see a paystub. Good luck.


Title: [Texas] Need alimony. Father is on death row, but has money. Need proof.

Question: i have four children (6-10 year old boys) by a man who is on death row at Huntsville, Texas. he has money in his bank account from drug dealing.  he has children by six other women and we are trying to get a patriarnity DNA test but we are unable to get anyone to push forward for the following reasons: 1.) they say he is in prison, therefore does not have to pay (despite having close to 300,000 dollars), 2.) so many women have come forward that they think it's a joke. this guy is a player who manipulates women and has more children by six different women but didn't put forward no effort to raise them. please help me what do i do because i am a single mother and i cannot feed these children with a 600 dollar a month ebt card. why should my children suffer when he has a lot of money.

Answer:
 You can attempt to file for child support.

If somebody has $300,000 in cash from illegal activities, there is a good chance the IRS/Law enforcement is/are waiting for the chance to pounce on those assets.


Title: Parenting time

Question:
My son's father is an abuser and my son doesn't want to see his father. I am not going to force my son into a potentially dangerous situation. We went to trial and my abuser won parenting time because the judge said I didn't prove abuse. I was woefully unprepared. My abuser brought his girlfriend's mother as witness. I didn't have any third party proof of the abuse. I had no idea how to cross examine a witness. I didn't know when I was supposed to object. I didn't know what to ask. I didn't have an advocate or representation with me. I have a restraining order that is in effect till July 27. I went to legal aid and an appeal would cost me thousands of dollars. Legal Aid said to get a recorder and tape my abuser's phone calls to me. Legal Aid said to let my abuser mess up. If my son comes home with a bruise I should photograph it and call child welfare. I want to file a safety plan and request representation for my son. My son is 11 and we live in Oregon. Legal Aid said I could file another modification when my son is 13. Then my son can choose not to see is father. Any suggestions how I can drag this out for a year and a half without putting my son in a potentially dangerous situation?
Topic:
Custody Divorce and Family

Answer:
 Your post is a bit unclear.  It sounds, though, as if you have a court-ordered custody plan which gives your son's father a certain amount of time when he has custody of your son.  Correct?

And you want to know if you can ignore the order and prevent your ex from seeing his son for the next 1.5 years.  Correct?

If the above is correct, then no, you can't do that.  It's a court order, not a court request.  Either go to court to change the order, or follow it to the letter.  Failure to follow will likely mean he'll get *more* time with your son, not less.


Title: Hit by a drunk driver last night (Thanksgiving) while stopped in a turn lane in Florida

Question:
Last night I was driving and my son (18 years old) was in the passenger seat.  I was stopped at a red light (turn lane) and was rear ended by a drunk driver.  My car was hit hard and pushed into the car in-front of me.  My car is all smashed in the front and back ends.  The driver who rear ended me was arrested and he had provided insurance to the police (I have the police report).  Florida is a no fault state (not sure exactly what that means for me or my son).

My car was completely stopped (we were waiting for a red light with one car in front of us) and the drunk driver told the police that he thought he was in the through lane (which had a green light) so I am assuming that he hit us at full speed (speed limit is 45 mph here).

My son and I are very sore and my knee is in pain.  We went to the Emergency room after the police report (my wife showed up in my other car and we took it).

The car is under my name (I paid for it and have the loan on it) but it is my son's car (it is his only mode of transportation).  My son’s insurance is under my ex-wife (he is on her policy).  So, I own the loan on the car and my ex-wife’s insurance provides my son his coverage.  His insurance does not include rental car and the drunk driver's insurance company is closed today.  He (my son) needs wheels to get to college and work over the next week or two (until the insurance company determines what to do with the car).

What are my next steps?  My son works at Amazon as a picker (lots of bending down and picking up stuff) and he is missing work (he is a seasonal employee so this could cost him his job for the next 3 months).

Last few details, when we called the insurance company (my son's insurance company since they were open today) they said I would have to go through my insurance company for any injury issues, or that we could go through the drunk driver's insurance whenever they open up.

Answer: How this will work is your insurance company will pay you, then they will contact the drunk drivers insurance and they will pay those insurance companies back.  After this, it is very likely they will cancel the drunk drivers policy due to the fact that flagrant stupidity is bad for business. Answer #2: Not a lawyer, but do work for a rental car company and handle similar situations extremely often. I'm in a different state, but I'm sure it's similar in yours. Go to the rental car company, explain the situation (got in an accident, waiting for other person's insurance, yours doesn't cover rental cars) and they should be able to get you a rental, but you'll be paying for it all up front. Since your son is under 21 (law may vary by state, but at least in mine...) he likely won't be able to drive the rental until an insurance company is paying directly for the rental.  So rent the car for yourself and let him drive your car in the mean time. Once you can get in touch with the other insurance company, they can actually set up a direct bill and they can combine your current rental contract and the billing so they will take over the charges. Depending on the insurance company, the rental company may actually be able to get in touch with someone who works there as long as you have a claim number. If you have any questions related to the rental process, please don't hesitate to PM me! Hope this helps! Answer #3: The guy's BAC was .296 according to his arrest.  The police officer said he hit us going at least 40 mph (we were completely stopped).


Title: [OK, U.S.] I haven't filed a tax return in 2 years. What do?

Question:
Basically, I've been broke for 3 years. Like, really broke. Divorce from a spend happy wife who built up a lot of debt in my name. Bankruptcy killed most of it, but left me hanging on by my fingertips, and I've basically been there since, slowly clawing my way back into some semblance of financial security.

Tax season came and I knew I wouldn't be able to pay up. As in, paying the government would mean not eating, or being homeless. So I did what is probably the worst thing to do- I did nothing.

2nd time I was in a slightly better position, but still not out of the woods, the tax pay out between federal and state would still put me in a very bad spot, and I was worried about what the fall out would be from not filing the previous year. So I kept doing the worst possible thing.

I need to stop doing this. I want to pay my taxes. I also don't want to be homeless or going to prison for tax evasion (or whatever charge is most appropriate). What do I do? Where do I start?

Answer: Hire an accountant.  You can file your back taxes.  You'll likely pay interest, and maybe a penalty, but you almost assuredly won't face criminal action for this.  Answer #2: Did you even make enough money to file for those two years? If you didn't make much there's a chance you'll have a small burden or even a refund (well, minus the fees for filing late). I would talk with an accountant.


Title: Could one sue someone for "putting a curse" on them?

Question:
This didn't happen to me, but I saw a story on a different subreddit about a salty ex that "put a curse" on someone that was supposed to make them die.

Assuming magic is bullshit, would someone's willingness and attempt on someone's life through nonsensical means carry any legal reprocussions?

Asking out of curiosity.

Answer: You can sue for anything. But in this case, the suit will be gloriously unsuccessful.


Title: Need help with where to start: Person in question is 6 years into a 13 year incarceration down in Florida. Can he get out early? What documents do I need to get ahold of? What do I need to have with me to meet with a lawyer?

Question:
Hi there! The person I want to help is 6 years into a 13 year stint in a Florida prison for DUI Manslaughter. From what I understand, he felt so guilty he immediately pleaded guilty even though there were some holes in the case (he blew under the legal limit and was on a prescription drug that is notorious for giving people blackouts).

I want to help him in whatever way I can. I have no legal education, whatsoever. I would greatly appreciate any information on what documents I need to aquire and how to get them, how to get the ball rolling, anything helps. Thank you!

Answer:
 If he  received a plea bargain, he's waived his rights to appeal.  His next chance to get out will be his next parole hearing, which is determined by his sentencing.

FWIW, being on a drug that causes you to blackout is still a DUI, it's not limited to alcohol.  Even if prescribed by a doctor.  That in no way mitigates what happened.Answer #2: >a prescription drug that is notorious for giving people blackouts

Unless someone dosed him with this drug without his knowledge this seems more incriminating rather than less.  DUIs aren't just for alcohol.  Nothing you stated here indicates he'd be successful in an appeal, but only a FL attorney with complete access to the case would be a good answer.

You need to remember, 100% of inmates think they have a valid case for an appeal.  The actual number is much much lower.


Title: Tattoo artist being sued due to customer getting an infection 7 months ago, claiming the tattoo was touched with bare hands. No idea how to even address this. Advice needed.

Question: [deleted]

Answer:
 Seems to me the first step is the customer would need to prove they got it at this place.  It's possible she's mistaken.

If you're sued you'll probably want to find the money for a lawyer.  I expect one could get it dismissed on a lack of evidence if the client cannot produce even a receipt or bank statement showing they got it done here.  All you need to do is attest to nobody has seen this person, no record of them ever being here.Answer #2: Unrelated question: If the person suing OP was proved to be bullshit, but OP had to spend a ton of money on the lawyer, can the OP countersue to pay for lawyer fees?


Title: Illinois: Boss suddenly questions disabilities. Trigger warning domestic violence

Question:
Hello all,

Please forgive the new account and vague details as I live in a smallish town in Illinois, USA. I have worked for almost three months at a fast food place. Before I moved here, I was a manager at another fast food place for almost a year. I have a potentially life-threatening heart condition, besides asthma, lupus, and fibromyalgia. My doctor wants me to find an office job with air conditioning, but with no vehicle my opportunities are limited. I'm not supposed to lift heavy objects. It sucks because I used to lift weights for fun.

My previous employer was aware of my disability and very accommodating. I had to move to find affordable housing since I could not work much overtime.

I applied for a job working on the computer systems, but found out that job didn't exist. I accepted a manager position and fully disclosed my limitations. When I got to work, I was put in a crew uniform and position with the caveat I would advance once I was trained. They were slightly accommodating, but snide comments were made. Other employees could call in, goof off, and talk down to me. I was allowed no authority and given several promises that "next week" they would train me. Nevertheless I came in early, stayed late, and earned praise from my coworkers and customers. The GM even used me as an example to correct other employees, which made me uncomfortable and only served to increase tension with certain employees.

Trigger warning: domestic violence!

In the parking lot, two men beat a woman, threw her into a car, and drove away. The GM went outside to try and get a license plate. During this, I was asking if anyone was calling the police. Everyone was standing there gawking, so I called them. I gave what limited info I could, and an officer came to the store. The GM yelled at me that "only a manager" could call the police. As a survivor of domestic violence, this hurt. Even the other employees thought she was out of line.

Yesterday, we were slammed, and the local weather was in a heat advisory. Two minutes after my scheduled end of shift, the GM ordered me to do a task that involved heavy lifting. I said, "I'm sorry but remember I can't lift that." She yelled, in front of customers, "why not?"

"I have a heart problem, like I told you."
"Then I need a doctors note! You need to bring a doctors note!"
She turned to the Assistant Manager beside her and said, "She can do the trash.(which involves lifting huge full trashcans)" Then to me, as I was trying to check out a customer, "you can do the trash. It should have been done earlier!" I told her I was off. I grabbed my things and clocked out. I passed the AM in the hall and told her I was sorry, but I discussed those things with the GM when she hired me. The AM didn't respond and walked past me.

I have explained why I cannot do these exact two tasks before and they accepted it with compassion.
I cried myself to sleep for the third time this week. I have panic attacks getting ready for work.
I have Aspergers, so I sometimes misunderstand social interactions. I guess my question is, is what she did illegal? I want to quit, but I feel so guilty doing so. My family was poor and quitting even a toxic job was unthinkable. My next shift is in two days. I have a second job st a convenience store.

Thank you so much for reading and for any advice.

Answer:
 I think you'll get more responses.if you cut the extraneous details here.  Most of what you wrote is irrelevant.  Seems to me that your question is: can my manager require medical documentation of a disability even if she didn't before?

The answer is: yes, she can.

Nothing she did was illegal at all.


Title: Partner almost died from ectopic pregnancy after two missed diagnosis at the ER

Question:
I’m likely going to provide more detail then necessary here but I could really use advice on if we have any case here, as the whole thing was traumatic and we’re in financial trouble because of it.

In early January 2019, my parter was having some pain in her abdomen but wasn’t sure what was going on. She finally decided to go to urgent care, where they determined she was pregnant. They had suspicious of an ectopic pregnancy due to the pain, thus they sent her to the ER to be further evaluated.

When went to the closest ER where they ran the routine test on her, including a pregnancy test, ultra sound, and general examination. There was nothing abnormal found and we thought she was just having a rough pregnancy, we went home excited but nervous because she was still in pain.

The next evening rolled around and she was still in a lot of pain, it was actually getting worse. We went back to the same ER, explained the situation from the night prior and they conducted the same tests and concluded that she was just pregnant and needed an appointment with her OBGYN ASAP. So again, we left with my partner still in pain.

We made an appointment with the OBGYN for the next day and my partner went to the appointment. It may be important to add that this doctor is in the same hospital where the emergency room was located. After a quick examination, the OBGYN determined that she suffering from an ectopic pregnancy and was experiencing internal bleeding. She was rushed into surgery within the hour to save her life.

Fortunately, she has recovered since the incident however we are still strapped with medical debt from both ER visits, the OBGYN and the surgery. It’s not that we’re opposed to paying for the services but feel as if we are entitled to some reprieve and even compensation , given the two missed diagnosis and the almost fatal fallout from them.

Is there any possibility that we have a case against the hospital or at least legs to stand on to ask for a reprieve from the charges?

We are located in Richmond, Virginia.

Thank you for reading, please let me know if any additional information is needed.
Topic:
Healthcare Law including HIPAA

Answer:
 You would have to demonstrate that the misdiagnosis was unreasonable. Misdiagnoses happen all the time that, while incorrect, are not unreasonable. Did they misinterpret the tests? Were there other tests that they should have done? Etc. You generally prove this through expert evidence.

The other issue is what injuries they caused you. You mention the ER debt, the OBGYN, and the surgery. Even if the ER doctor(s) did misdiagnose her, they may not have caused her to have to see an OBGYN and have surgery. That may very well have happened anyway (i.e. had the first ER doctor picked up on the ectopic pregnancy, she still may have incurred those OBGYN/surgery costs). You may be able to prove that had the first doctor caught it, you could have taken medication to end the pregnancy rather than requiring surgery, but this option may not have been available in your case (in other words, she still may have required surgery). In short, you aren't going to get money for health care costs that you would have incurred anyway to treat the ectopic pregnancy. However, if you are able to argue that the first ER doctor was unreasonable in failing to diagnose her condition, you may be able to recover the cost of the second ER visit (because it would have been unnecessary had the first doctor properly identified her condition). But that all hinges on the doctors being unreasonable and not just mistaken.

You aren't entitled to compensation for the "almost fatal fallout". An almost injury is not compensable.

Many medical malpractice lawyers do consultations for free and can speak further with you about a potential case.


Title: Unhealthy work environment, state employee. How to proceed?

Question: I am a Maryland state employee past probationary period. My workplace is overrun with mice and cockroaches. The roof leaks and there is standing water on the floors whenever it rains. My employer knows the situation and won't fix it. Should I go to the state OSHA or just find a lawyer? Any suggestions appreciated.

Answer: You are a state employee?  Your employer is the state.  Are you saying your supervisor knows and wont do anything?  Go over his head.


Title: DUI last night. My job depends on me driving, scared and not sure what to do.

Question:
I've never experienced anything like this before, not sure what I'll be able to do.  I have an appointment with a local lawyer later today for counsel but I would LOVE any advice I can get.

Some details:
In Hawaii, pulled over for going ~40 in a 25 zone.  Failed field sobriety test and blew .15.  My family posted bail after being taken to the station and blowing a .15 again.

My job is heavily dependent on me driving to appointments throughout the day, am I completely screwed?

Answer:
 Your job and livelihood depends on the outcome of this, so my advice: don't ask for advice online, get a lawyer (which you've done) and do what he/she says.

As for the driving:

It sounds like you'll lose your license for a year (well, some sites say a year, others say 90 days, but more have said a year so that's the number I'm going with), but:

>The court will consider limited driving privileges for those who are employed and have no other means of transportation.

http://www.dmv.org/hi-hawaii/automotive-law/dui.php

Considering you were over twice the legal limit, I don't know if that is taken into account when they make this consideration. All the more reason to have a lawyer.

It does sound like your lawyer will not be able to reduce the charge to something lesser than a DUI.
>Although the state of Hawaii bars by statute any plea option involving reduction of DUI charges to a lesser criminal offense, the state does not prohibit negotiating favorable plea deals or working towards outright dismissal of charges. Having legal counsel may prove beneficial in this case-specific process.

http://dui.drivinglaws.org/hawaii.php

Answer #2: You're going to lose your license. There's no doubt about it. You can get something called a "hardship license" though, that should allow you to drive to/from/for work. You'd have to talk to a lawyer about that though, because I don't know the whole process.


Title: (USA) (ID) Overtime Grey area?

Question:
Here are the circumstances.
I worked 80 hours during the pay period of Dec. 1-15 this did not show up on my paycheck for that pay period (Dec.23). I told my boss about this "mishap" payroll and corporate communicated that I was to receive **160 Regular** hours (8 extra hours until Dec.27 no weekends) for the pay period of Dec. 16-31.

My pay check for Jan.8 2014 for the pay period of Dec.16-31 read 160 Regular hours and 8 Hours Holiday.
Am I owed the overtime if my time sheet states over 40 hours "worked" even those hours are from the previous pay period?

I work at at a Federal Installation and am at a Unionized shop. The CBA states anything or 40 hours is to be overtime and the workweek is Sun-Sat.

**Edit: I am Paid Hourly and Pay periods are Bi-Monthly.**

TLDR: Can an Employer average two work weeks and not pay overtime?

Answer:
 So, you worked 160 hours (or was it 168?) in 4 weeks?

Did you ever do more than 40 in one week?

Anyways, the answer to

> Am I owed the overtime if my time sheet states over 40 hours "worked" even those hours are from the previous pay period?

is "of course not."

Also, what does your union rep say?


Title: [OH] Fake ID and Minor in Possession

Question:
My friend got caught on his way out of the liquor store. They asked for his ID and he handed over his fake one and his real one.

He has an appointment with student legal services so hopefully they can help out

We're just wondering if he had to show his ID to the police. We were taught in a survey class a few years ago things like you don't have to let the police in your house, you don't gotta answer their questions, and you don't gotta show them your ID if your only crime is drinking or smoking tobacco (21+ in the city).

Is that last one true? When the cop said "Can I see your ID?", could he have refused and kept on walking?

Answer:
 > We were taught in a survey class a few years ago

What is a survey class?

Anyhow, whoever taught that is dead wrong.  It is absolutely valid for the police to identify you if they have reasonable belief that you're committing a crime.  And yes, underage possession is a crime.

Did you think that the police were just powerless to enforce MIP?


Title: Last Name change

Question:
I have been married for 12 years and after some thought and discussion with my wife. i would like to change our last names from just my last name to the hyphenated of her maiden name and mine. I would also like to do this for my three children. What would be involved in doing so and what kind of cost am I looking at to do so? Thanks in advance for any help and advice.

Cleveland, Ohio.

Answer: For [adults](http://probate.cuyahogacounty.us/pdf/NameChange_Adult.pdf), for [minors](http://probate.cuyahogacounty.us/pdf/NameChange_Minor.pdf). [Here](http://probate.cuyahogacounty.us/pdf/ProbateCrtFees.pdf) are the filing fees for Probate Court. Name change is $130 per application.


Title: Chicago. Landlord. Pets?

Question:
Clearly, my husband and I made a booboo when signing our lease in regards to pets. Currently, our lease states that "Pets permitted [checked] No." When signing the lease we were told by the landlord that we could revisit that when we wanted to get a pet and update the lease.

We discussed getting pets with our landlord before we moved in. My initial email to him expressed interest with two cats. He never mentioned that we could not have cats. He said verbally he would most likely let us have cats as long as they were neutered/spayed.
We emailed him discussing getting two cats, and he said no. Without going in to detail, he said that the basement apartment can have cats because the floor is concrete and our apartment has wood flooring. Upstairs has a big dog.

He said he will only allow dogs on the first and second floor and cited to the ad that was on craigslist.

We are waiting on a response back from to confirm the dog fee.

While, I know I messed up with regards to the cats, but is there anything legally he can do if we get a dog? We did not pay a security deposit. We only paid a move-in fee.

Answer:
 > is there anything legally he can do if we get a dog?

> "Pets permitted [checked] No."

If you get a dog, he could issue you a notice to correct (get rid of the dog) and then evict you if you don't comply. Your lease doesn't allow pets. Am I missing anything?


Title: (OH) Hit a plow truck

Question:
Let me start off by saying that I got my license this summer.
And my first car was totaled because the car I front of me stopped and I wasn’t paying attention

Well because I totaled my old car, when I got my check from the insurance company, I turned it into a down payment of a car.
So now I have a car payment (that I didn’t have before because I bought my first one from the side of the road), and my insurance payment went up. This all happened a few days before Thanksgiving

Flash forward to three days ago, when it’s snowing awfully and the plows can’t keep up with the roads. The road I was on had a bunch of hills and I was doing my best to drive safely. My new car is front wheel drive, so when I lost control of my back end, I turned my steering wheel and only ended up catching more ice and I spun out and ended up completely taking down someone’s mailbox and shattered my rear passenger window while doing so.
I called the police, filed an accident report, called my insurance company, gave the owners of the house my name and phone number, I did everything I was supposed to

Okay, so last night I’m going home at 6am from my cousins house. He lives at the end of a road with lots of hills and curves. So, I’m trying to drive downhill, I’ve got my foot slightly on my brake pedal to try to control how fast I’m going, because I didn’t want another accident
I’m coming down this hill, brake slightly pressed, and the plow truck in front of me backs into the road on the right in the upcoming intersection at the very bottom of this hill
I can feel myself losing my back end, and while the plow in front of me was stopped, there was also one behind me, so I knew if I was to hit my brakes any harder I would have spun out, and I would have either went into a ditch, or the plow behind me was going to hit me
I can see a car come up to the intersection from the left, opposite the stationary plow
The car on the left doesn’t pull out as he’s waiting for me to pass
I’m losing my back end and I can’t hit my brakes and if I move my wheel out of the range I was already in, I would have hit the car on the left

In my eyes, an accident was unavoidable, but like I said, I got my license earlier this year

My right head light impacted the stationary plows blade. It was enough force to stop my car, so I turned my hazards on and got out to talk to the driver.

He was very upset with the situation, saying things like, “do you know what you just did? You hit a CDL driver.”

I explain what happened with my car and how I would have spun out had I brakes any harder, I would have hit the other vehicle, etc.

He said “i have to call the police, I’m in a state vehicle. You are in a lot of trouble. What *could* happen is I tell the officers you left and I don’t know where you went, I’ll get a new blade from ODOT, and we’ll continue our lives.”
“Or,” he said, “you could stay, talk to the officers, and tell your insurance company you hit a ODOT plow truck. And, you need to make a decision and stick to it, because if you decide to leave, and change your mind when you get home, I could go to jail.”

I left. Got right back in my car and continued going home

I realize halfway home that my headlight isn’t working. Well, that’s enough to get you pulled over right there; a broken headlight. I had no idea what to say in the event I was pulled over, so I drove at 15mph all the way home in the snowstorm, obeying every traffic law.

I get home and my headlight looks like it threw itself up all over my car. There’s wires hanging out and everything

Well, because a few days ago I broke a window out, an insurance adjuster is going to come look at my car I’m the next few days. I don’t have the money to get my headlight fixed before then. When I filed the claim, o reported a broken window and a dent. If I don’t do anything, the adjuster will asked how my headlight happened, and why I didn’t report it to my insurance.

I don’t know what to do

UPDATE: I went outside to brush my car off to leave for work, and I keep my snowbrush in my pass after floor, so I went to open the door. I didn’t see the dent from the blade last night because it was dark, but now my passenger door doesn’t open more than six inches.

Answer:
 There is no answer but tell the truth. And three accidents since the summer? You can expect your insurance to increase dramatically if they don't drop you like a hot rock. Answer #2: Your insurance is going to go through the roof if they don’t drop you. Four accidents is pretty ridiculous.

Perhaps a driving safety class? Answer #3: The guy driving the plow gave you really awful advice, advice you should have never followed. You basically committed a hit and run.

You don't need to report every single accident to your insurance. If you get into a minor accident and want to cover the damage yourself, you are more than welcome to. All you need to do is tell the adjuster the headlight damage is from a separate accident and that you will be covering it out of pocket.Answer #4: I don’t think you should be driving.

Want a bus pass? I’ll pay for it :D


Title: Implied salary by way of a constant yearly "bonus" and the implications of having it post-FY denied.

Question:
Hi.

My stepfather is nearing 60 years old. He's been an accountant with a firm for over 15 years. His salary was a paltry $60k a year, even though a consistent $30-50k bonus yearly moved his income into a more common salary for the work he does.

In other words, I believe that they intended to pay his standard-level salary of $100k, but used fancy accounting to their benefit.

This, the worst time for this to happen, was denied this year, and in consequence, my family is losing their home. My stepfather cannot qualify for a mortgage, despite amazing credit scores, because of the reported $60k he earns without this "bonus".

Is there any way that the extra "bonus" money can be considered "implied salary" so that, if not to recover this money from the company, he can at least somehow represent this bonus as real income when being assessed for approval by a mortgage company?

I'll furnish any other information I may have left out, if you tell me what you need.

Our family is getting screwed right and left, and it's really hard to see my mom and stepdad losing everything. They will have to rent, and my mom, at 72 years old, will have to go back to work full time because of this.

I feel that they pulled the rug out from under him because his work for FY 2014 had already been done when he was told that in essence, he's been working for $2000 (EDIT: Correction - $4000+) less a month than he thought he was.

I'm just a layman, but I'm trying to help them out by seeking advice from kind-hearted redditors who might have some input.

Thank you in advance, folks.

P.S. If I've posted this to the wrong subreddit, I apologize and would appreciate any direction to the right one. Thanks again.

Answer:
 Underwriters generally don't consider bonuses on the same level are salary, because there is no guarantee they will continue. Answer #2: You said it yourself: he didn't get the bonus this year and as a result he's broke.  Why should any financial institution take a large gamble on whether or not he'll get his bonus next year?

Your father should negotiate a higher base salary or find a job with a higher base salary.


Title: Abusive spouse

Question:
A family member in MS is seeking a divorce after four years from a woman who is a con artist.

Last week she used a forged power of attorney to take the deed on his home, empty his personal bank account, and re-register his car (the car and the condo were owned by him before the marriage). The POA was dated a month after he visited family members and announced his intention to divorce her, and the document has no witnesses. It is hand written and says if he leaves her, he forfeits the condo/car.

Within a week of emptying his accounts, she filed a document with the court seeking financial relief from him, claiming he had an affair. She is a trained paralegal and knows how to do this stuff.

Before this, she has been physically and financially abusive:

Within six months of marrying her, she had emptied their joint bank account (20k plus) while he was working offshore. He almost lost his condo because she had not paid the property taxes. She offered no explanation for where the money went.

He works a physical job and she hit him in the knee, requiring stitches. He did not report this to the police.

She took a hammer to his gaming console because he rented a movie. I hear his two 3k televisions were destroyed as well. The condo is in need of repair.

She closed his phone account several times while he was traveling by car. She bragged about this on social media.

She registered a phone using his info and retrieved all of his past data.

He had to leave the condo to avoid her and was sleeping in his car for a while, until she took the car. The police helped him get it back but they were reluctant because he is married to her.

She harassed him at his work address and on the phone until his work said they would press charges if she contacted them again.

She is withholding employment related mail that comes to the condo (educational applications with a potential employer).

He is afraid to get a restraining order because he would have to disclose his new address.

The family got an attorney who told the husband to go to the bank himself to ask about fraud. The bank is reviewing this in their fraud department and taking their time.

What are his legal options? She is trying to destroy him.

Answer:
 His legal options are to get a lawyer and divorce her. That is really the only advice we can give. Presumably the assaults happened a while ago, but when someone hits you, you call the police right away, not a year later. The forgeries might be prosecuted, but frankly, they will probably just be handled in the divorce case. His lawyer can advise him. We can not evaluate this type of thing beyond that; it is too complex and fact specific.

Otherwise, he should move, block her number/email/social media. He needs to get his mail forwarded as well, and update his address. Do not see or speak to her. If she shows up, close the door. Call police if she will not leave. Let his lawyer speak to her lawyer and divide marital property. Move on with life, and leave her and this type of drama and nonsense behind.


Title: I only get 4 hours of sleep a night between shifts, 6 days a week, sometimes 7, is this legal?

Question:
I work at manufacturing plant in the shipping department. We work a lot of hours. 75 hours on average, and sometimes as much as 100. I knew as much when I took the position. However, what I didn't know is that they give you 6 hours to sleep between shifts. This 6 hours includes your commute to and from work and your personal hygiene time. I have a 45 minute commute to work. It really only works out to just a hair over 4 hours of sleep a night for me.

I almost fell asleep at the wheel on the way home last night and couldn't even sit down this morning without falling asleep while putting my shoes on.

Naturally, I called out because I for sure would have crashed my car.

I'm just wondering, is that legal for them to require me to do under threat of termination?

Answer: There are no laws whether state or federal, anywhere in the country, that require a certain amount of time between shifts.  New York requires an extra hour of pay per day that an employee works a split shift, but I'm not sure if that applies to you or not.  Other than that, there are no laws in play that I'm aware of.  You may need to look for employment somewhere else, where you'll be better treated.Answer #2: I don't get how that's in any way advantageous to the company.  If they're continually working people 75-100 hours a week, i.e. perpetually understaffed, then they're going to be paying a lot more in overtime/ double time than if they just hired enough workers.


Title: Can a restaurant in PA give part of the gratuity for a event to the cooks and maître d’?

Question:
When I was in college I worked at a restaurant job in PA that you could also rent the back room for events/banquets. When you worked the floor, besides tipping out the usual, you took home the tips you made. When you worked the events the restaurant gave you whatever they thought was appropriate. Usually between 80-120$. These events were expensive, and we the servers were the ones handing them the check. It was the same kind of check as the ones on the floor. Which had a line for the included gratuity. So although we were making a good hourly wage, the servers working on the event did not receive the total gratuity on the check.

I complained about not receiving the whole amount, because it was clear the people paying also think it is going to the servers. We were the ones making 2.13/hour. Not the cooks and the maître d’. I was told this is how they do it there and to leave if I didn’t like it because I was already making 20/hr. So I left.

Is is legal for part of the gratuity to be given to the cooks and  maître d’?

Answer: Yes it's legal, and common practice.Answer #2: I think is common at events, since you are not taking individual orders, most serving job is food running at banquets.


Title: Brother was just threatened with a request for warrant - advice please!

Question: Brother was on express way driving 75 in 70 mph zone.  He saw a police officier 1 drive at an estimated 100 mph (he's a semi truck driver and is good at figuring out speeds) without her lights on.  He then later saw her at the police depot and he stopped to ask her why she was driving so fast?  She said she was in a hurry to switch cars because her computer was acting up.  He was then approached by another officer (2) who told him "Give me your license, registration, etc" and that he was going to be detained, and took my brother's phone (for insurance).  Brother wasn't even in his truck at the time (truck was 50 yards away).  He told brother to get in car, shut the door, pulled behind truck and began to act like it was a traffic stop.  Brother asked for phone to be returned and was denied.  Officer 2 then informed him that he was going to Monroe Co. prosecutor's office and request a warrant out for his arrest for reckless driving, even though, brother was not driving and officer had not even seen brother driving on the road.  Officer 2 claims this is probable cause.  Brother has done nothing wrong other than ask officer 1 why she was driving so fast.  Officer 2 knows that brother can loose his job if just a warrant is issued and it looks like he's trying intimidate him.  What should brother do and who should he talk to to avoid unwarranted legal trouble?

Answer:
 Were you there for any of this?

Bcause the odds that this story is the truth, the whole truth, and nothing but the truth are pretty slim.


Title: Staffing firm says I'm not eligible for overtime since I am being more than $26 per hour. Is this really legal?

Question: [deleted]

Answer:
 The Fair Labor Standards Act dictates overtime coverage and requirements. [Here](https://www.dol.gov/whd/flsa/) is the fed's website with factsheets and resources.

This one specifically deals with [overtime exemptions](https://webapps.dol.gov/elaws/whd/flsa/screen75.asp) check if your role is listed on there as an OT exempt one.Answer #2: They're wrong.  There is a "highly compensated employee" exemption.  But the cutoff is $100,000/year salary.  The only determining factor in your case is your job duties.  If your job is doing non-exempt work, you'd be entitled to OT.  And if you're at a staffing firm, then you're definitely paid OT


Title: Getting calls that appear to be collections for the previous owner of the phone number [California]

Question:
About 2 months ago, I received a cell phone from my employer. Starting last weekend, I have been getting calls that appear to be from a collections agency. I have been unable to get any information from them because either the call is dropped, or they disconnect (I'm not sure which, I hear 3 beeps when it happens, the phone is an iphone 6 on AT&T if it makes a difference). Searching for the number leads to a FAQ for Midland Credit Management that lists the number I receive calls from.

How can I get these calls to stop? I am not aware of any debts that could have been sent to collections, and I am not receiving any communications from them through mail or other numbers, which leads me to believe it is for the previous owner of this number.

Edit: just checked my credit report with Experian, nothing looks out of place. Should I check with the other two, or leave it so I can check again in the next year if I need to?

Edit2: They called again yesterday and I was finally able to speak to someone without getting cut off. The caller confirmed that the debt is owed by someone else, and said he would remove my number when I said I now have the number.

Answer:
 Call them and tell them to stop. Write them a letter that tells them to stop. If you get a hold of someone make sure you say it 3-4 times. Tell them you aren't the droid they are looking for, and to not contact you again.

Check your credit score to make sure it's not actually your debt from something which slipped through the cracks.


Title: a retail company has a rule in their handbook stating managers are not allowed to be 'friends' outside of work. Is this legal? (USA)

Question: So as the title says, A major retail chain employee handbook says that managers are not allowed to hang out and be friends outside of work unless they are employed by different locations of the retail chain. Is that legal? How are they allowed to tell you what you can and can not do with your free time?

Answer: The legality will depend on your specific area, but this is a standard policy for management level employees across multiple industries. Answer #2: State matters.  In California that would be wrongful termination because California has protections for employees and their off time activities


Title: (CA) am i allowed to keep a metal bat in my car for protection?

Question:
I’m young women living in a hard area in CA. Two women just followed me; Without going into minute details they attempted to jump me and steal my car, but were unsuccessful.

I’m wondering in short of a gun, Can I keep a machete or a knife or a bat in my car if I don’t get lucky and scare them off if it happens again?

I have heard I can legally get in trouble if I am pulled over and have an unexplainable metal bat in my car, is that true?

Answer:
 It's legal, but pepper spray is a much more effective weapon. You can't swing a bat inside a car, it's pretty easy to block a swing, and it takes a lot of room in your car. Courts would call it a lethal weapon so you cant use it unless your life is in danger. I would recommend a handgun but the laws in California likely  prevent that option, which is probably why criminals are so bold with the carjackings.Answer #2: I think  California Law (PC 12020)  is applicable, but it only talks about billies and doesn't specifically reference bats.

As a note, I would keep a baseball glove with the bat.


Title: [US][Minnesota] Is it possible to find out the terms of a will/trust after 14 years?

Question:
I'll do my best to summarize this and provide detail at the same time.

I was asked for help by my parents, who think that my familiarity with accessing info online will help with this situation.

**TL;DR** My mom may have been left money by her uncle, her aunt is uncommunicative, what resources does she have to find out if she was named in a will, trust, or otherwise has money that was in some way left to her?

**Detail**

In 2001, my great-uncle died. My mother is one of his nieces, and he was her father's uncle. After his death, her aunt (his wife, so aunt by marriage) basically didn't communicate with my family.

Recently, within the last six or eight months or so, she was briefly back in contact with my parents because she was asking favors of them like having them bring her shopping and such. Since my parents are kind people, they did so.

During one of these trips, my great-aunt told my mother that my great-uncle had left her "a substantial sum" of money and the aunt mentioned that she didn't know if she should give it to her now or wait until she (the aunt) died. She also added that "you were his favorite".

Weird, right? No mention of this money for 14 years, then this conversation out of the blue.

Due to a phone call one day at around 8pm where my great-aunt asked my dad to do some minor task, and he responded "okay, I can do that tomorrow", she hung up on him and hasn't been in contact since.

So I've been charged with the following: Is there any way to look up if a person was named in a will, made the beneficiary of a trust, or so forth? Could this be public record? Would it be necessary to get a lawyer involved to see if this exists?

My parents are a bit skeptical of what my great-aunt was talking about, but a fair sum of money was thrown around at one of my cousins, so it's theoretically possible that money *is* there. They want to avoid making too many waves for fear of appearing greedy and money-hungry, but on the other hand if there's money that was willed to my mom or is in some way allocated to her, they'd obviously like to access it.

Personally, I think that it's a fairly good possibility that my great-aunt was either deliberately lying for some reason of her own or may be senile. I think my parents also see this as a possibility.

The information that I have is:

* My great-uncle's full name, date of birth, date and place of death. As far as I know, he lived his whole live in one county in the state.

* My great-aunt's name

* The name, dob, etc, of my mother and her siblings

Do I have sufficient resources to start looking anything up on my own? Will my mother have to be the one to request information since she could be the one named?

Answer: You should be able to get a copy of the will at the court house. Call or visit the court house in the jurisdiction where he lived and ask the procedure to view the will.


Title: [Fl] Are your children's social security needed to file divorce?

Question: I'm over 21 and am not a dependent. My dad called saying he needs my social for the divorce papers between him and my mom. Does he in fact need my social?

Answer: I can't imagine why he would.  Even in cases where the children are minors it wouldn't normally be needed.  I suppose if there is some sort of money that is to be set aside for you as a part of the divorce it might be needed, but I'd ask more questions.  That said, your social should be on his old tax returns, so I really don't know why he would be asking.


Title: I'm American and my boyfriend is French. What's the best/safest way for us to get married?

Question: My boyfriend and I want to live in my home state of New York together and are thinking of marrying sooner rather than later for visa purposes (he's French). We plan to be together a long time but both of us understand that shit happens, so we want to protect ourselves. We've heard horror stories about unfair NY alimony/ child support judgements... Is it possible to remove all legal liability with a prenup? Any advice about specific clauses we should include or watch out for? He's really afraid that a prenup wouldn't be enough... I think NY divorces are infamous in France. If we can't avoid the risk of alimony here, would it be smarter to get married in his country and then go back to NY together? Any advice is greatly appreciated!

Answer: The smartest decision from a legal standpoint is to not marry for visa purposes.


Title: First time going to court for anything. I'm a witness subpoena

Question: So a few months back I was at the gym when someone stole my phone. I filed a police report and the gym was able to give information such as the thief's full name and address since he was a member there. The gym manager also looked at the cameras and the video shows the thief walk next to my phone(my phone was in a cubby thing they have at the gym) he puts his arm inside the cubby and walks out. It's clear to me that he stole my phone but not extremely clear on the video. A few days after the theft a detective calls me and tells me that the thief confessed to stealing it. A few months have gone by and now I have got a witness subpoena in the mail to go to municipal court. It looks like it's the city vs. him. I guess my question is what is the process of this? Is there anything I should be certain to say or not say?

Answer:
 You don't say or not say anything. You answer questions honestly.

When I testify I follow these tips:

Wait before answering to give time for someone to object.

Think about the exact question. Do not answer anything outside of what they ask.

If it is a yes or no question, think a lot. If you cannot honestly answer yes or no, ask for the question yo be rephrased.

Breathe


Title: Cell provider calls and texts my (14 year old) daughter when payment is due. Massachusetts.

Question:
Location in Massachusetts, company location New Jersey.
 A wireless provider of mine has been contacting my 14 year old daughter for past due payments on my wireless account. I have told them in phone calls and chat windows on their web site that I was the owner of the account, confirmed my email address and my phone number for contact. Every month since March 2017 this has repeated, every month I am promised that it will not happen next month. At first I though my daughters rights were being violated according to Telephone Consumer Protection Act (TCPA). In accordance with the TCPA, consumers are entitled to collect damages ranging from $500 to $1,500 for each unlawful call, fax, or text message. The third-party debt collection calls fall under the Fair Debt Collection Practices Act (FDCPA), which allows for up to $1,000 per each violation.
So the problem with FDCPA is they are not a 3rd party.
I had offered them a deal of 1 free month of service and for the calls and text to stop on my daughters phone asap. They offered $15 credit which I refused.
After reporting them to the BBB I was contacted by the company, we did all of the steps to remove her as admin and make me admin. All of the confirmation texts were sent to her not me. The company sent a case closed letter to the BBB and I had reopened the case as nothing had changed.
I was then contacted by another account specialist, went through the same steps was promised the account was fixed and was offered $158 credit (1 moth free). I stated I feel $1000  for harassing my daughter was my offer for them to pay me. They refused.
So, after looking into the FDCPAI feel it is not the right "law" they violated, would anyone here have a suggested law that the company is violating for future contact in this matter?
Thank you.

Answer:
 It's not obvious they have broken any law. You don't just get to demand $1K because the fact that you don't pay your bills causes slightly more annoyance to you than it regularly might.

I get that when you are short on money you look around for ways to make up the shortage, but this isn't one of them.


Title: (Canada) I was arrested in a house last year, I was drunk and told the cops I was driving a snowmobile and fell through the ice, but there's no evidence of a vehicle

Question:
Last year an incident happened when I was drunk and fell through the ice. I got out, walked to the nearest house and called 911. I had a hard time formulating my thoughts but knew I needed help.

Instead of paramedics, police arrived and I was arrested. I told the police I was driving a snowmobile and fell through the ice.

They didn't see a ski doo, no pictures or evidence of a ski doo and did not recover anything.

Even though I said I did but there's no evidence of such, can I fight it in court?

Edit; Court date at the end of March, I'll let you guys know how it goes.

Answer:
 >but there's no evidence of such

Are you sure about this? Have you gone through the discovery stage of your proceedings yet to see what evidence they do or do not have.

They already apparently have your statement/confession

Maybe they found tracks that would indicate a snowmobile

Maybe they have witnesses

Maybe they have photos of the hole you fell through matching perfectly with your story

Maybe they have something else

Out of curiosity, were you actually driving a snowmobile? This would make it much more likely, in my view, that they will have evidence pointing to the fact you were driving a snowmobile.


Title: Can you move out of state if on felony bail? Court case won't be for another 6-9months.

Question: [deleted]

Answer:
 You think moving to CO would lessen your charges? That's the dumbest thing I've heard all week.

You were charged for a crime that you committed in Georgia. Georgia gets to punish you for that.

As for moving: what does the lawyer you hired to help with your felony drug charges have to say on the matter?


Title: Over $100k spent. Contractor gone. Sue? (KY)

Question:
1. All contracts were verbal.  Conversations were recorded.

2. I gave my contractor over $100,000 for renovating an old home.  12 weeks later, he emails me an invoice stating he's out of money and needs another $36,000 for completion.  I don't have any more money and he's stating he will not completed the job.

3. I called a lawyer and he said verbal contracts are binding for 5 years.  Also, it would take around $25,000 to litigate the case and that in verbal cases, a lot of he said-she said things arise, ultimately leading to a dismissal.  The lawyer states that I should talk to the contractor and try to work something out.

Advice??  I'm so defeated right now.  The contractor took all my money and I don't know where to go from here.

Answer:
 100k, no contract.

Wow

What would you sue for?

What is the state of the home?

I would first start by asking for an itemization where you money went.

If he cannot produce the list, speak with an attorney and see if it's worth pursuing as the funds may be uncollectable. Answer #2: What was the $100,000 spent on?

If the contractor spent all the money on the renovation the it may very well be that your renovation required more than $100,000.

Depending on your state, the contractor may be entitled to be paid for the work done ... which could be the whole $100,000.Answer #3: Why did you delete and repost?

There’s really not much in the way of good advice that comes after giving someone that kind of money without a written contract.

Your option is to litigate or write it off. Indeed your outcome in litigation is likely to be to some extent disappointing. You need to review possible outcomes with your attorney and make a decision. This will turn to a large extent on the value of what’s been done so far.