Title: Called by police to talk this week (Massachusetts)

Question:
Location again for LocationBot: Massachusetts

Obviously this is a throwaway account.

I'll try to be as specific as possible without giving too many details away.  Last night, my girlfriend was raped.  Immediately afterwards, she told me what had happened, went to the hospital, and came back this morning.  This morning I was called by a detective in the municipality she resides in asking me to come in this week to answer some questions.  I was the first person she told, and it would seem that hearsay doesn't apply in my case, so they really want me to come in and help with this so they can build a case.

I am not a suspect/PoI/etc. The person who allegedly (it pains me to say that) committed this rape was served with a restraining order this morning.  I'm looking for advice on how I should go about meeting with the detective on Wednesday.  Likewise, I'm familiar with the advice "don't talk to police unless you have an attorney" but I'm not sure this really applies in this case.  Thoughts?

I'm not sure what, if anything, they could want to investigate me for. I was about an hour's drive away when it occurred, and have multiple witnesses to account for my whereabouts for all but three minutes of that time (commute from work to home), so it does seem like overkill to assume that they're going to try to come after me for it when they already have the guy's name and residence.

Also, out of pure curiosity, he told me what the name of this exception to hearsay is, but I'm obviously frazzled.  Any idea what it's called, and what exactly it means?

Thanks so much.

**edited for extra detail. Thanks, /u/wengbomb**

Answer:
 My only question would be what do they think you can provide them? You didn't witness the rape. You have no knowledge other than what your girlfriend told you. I don't see how it would help them build a case at all, rather I see it harming the case if you happen to say something that was even slightly different than what your girlfriend told the police.

Honestly I wouldn't go, lawyer or not. Nothing you can add will help more than what the rape kit and what your girlfriend has already told the police. The best case they have the same information they have now. The worse case your girlfriend misspoke to you or the police and the information you provide is different, causing the case to be weaker against the rapist. Answer #2: I just want to add, you need to explain to your girlfriend why you're not talking to the police, have her read the answers your seeing here.

You are supporting her by not talking without a lawyer present. You don't want to "misspeak" and screw up her testimony.

She's probably very vulnerable right now, and needs to know that.

Wish her and you all the best.


Title: US Company, threats, nationality

Question:
All,

So I will try to keep this brief.

I was sent to a job site by my employer to support a major project. When I arrive on site, I met the person in charge of the site. A British individual who was brought over because our side was short on people.

Him and I did not like each other. He would set impossible deadlines, threaten me verbally, yell at me, and lie about work I performed. I eventually snapped after he got in my face and yelled at me. I turned in my two weeks, and allowed time for my employer to send someone new out. I have a few threats, yelling times recorded on my phone (1 party consent in the state and federal).

My manager (a German man) elected to fly me back after I told him everything that had happened. He told me would deal with the threats himself. When I showed up in the office for what he told me was a 1 on 1 meeting, it was me against him and HR (a Dutch woman).

They had a laundry list of lies I had to defend myself against, when I went on the offensive they shut me down immediately with the excuse "you need to be more accepting of how people in other cultures operate". I left the meeting agreeing to stay with the company and to be more accepting of other nationalities. This whole conversation was recorded on my phone (my state and federal allow 1 party consent).

Everyday since then I wake up angry about this. Have I just lost my mind or did they break the law?

Edit: My location is USA

Edit2: My state is VA, USA based.

Answer:
 Well, since the HR person was a Dutch woman, your manager was a German man, and the guy you had beef with was a British individual, I assume you all like bread.

That you seem obsessed with where these people are from and what gender they are (to the point that you were told that you should be "more accepting of people in other cultures/accepting of other nationalities)" seems telling given that nothing in your story suggests why you think this is a legal question or that anyone wronged you at all.

You didn't get along with your boss and then you quit. So what?

What law do you think they broke, other than your boss possibly being an asshole? (And please, don't tell us that someone "threatened you verbally" -- that's your opinion -- what did they actually say?)Answer #2: What law do you think has been broken? (or put differently, why do you think some law has been broken?)


Title: My mom is trying to get a massage license in Colorado. The massage school in Alberta that my mom went to is refusing to send their information to the credential evaluation organization.

Question: She holds a license and registration in Alberta. She went to a private natural health school based in Edmonton. The government of Colorado uses an external agency to review applicant qualifications and they have requested the school's program information. She has asked the school multiple times to send what was asked for, but they have not complied. They aren't responding to our emails. We feel that the school shouldn't be on the Canadian government list of designated education institutions if they won't help students out after graduation. Tuition was over 10k, but the diploma is worthless if the school doesn't comply with accreditation related requests. We're considering legal action, contacting an organization like the better business bureau, or contacting the media. Advice?

Answer:
 The BBB is useless(for profit, pay to play organization), and the media angle is probably too low impact to really do anything.

What kind of info are you trying to get from the school? Are we talking general course info, or stuff specifically related to your mom's time there like a transcript?Answer #2: A strongly worded letter to them from an attorney, $250-$500, will likely be all you need.Answer #3: Do you know that the school is still open? If you have a phone number for the school, why not call them and make sure they are still functioning and try to find out what the problem may be? If you don't have a phone number or they don't answer, if you still know someone who lives near the school, maybe they could visit in person and make some inquiries for you?

If you have contacted them yourself and they just refuse to provide the information that Colorado requires, ask why, ie do they charge a fee for this service?

(I had a problem 25 years ago when applying to get a professional license in Florida -- I had an active license in Indiana, but Indiana would not respond to letters from the Florida licensure board. When I called and spoke with the board in Indiana directly, I found that they required a $10 fee to send the information needed, and since Florida didn't include a $10 check they just ignored the response. Go figure.... )

edit: spelling


Title: Daughter just slipped at the mall, Seattle, wa

Question: 19 year old just slipped and blasted her knee at a mall in the Seattle, WA area. Security is refusing to give any information for reporting with their insurance or any kind of accident report information. Please any advice on how we should proceed would be appreciated. She's on her way to hospital now but I'm confident its serious.

Answer: You should take care of your daughter and worry about the rest Monday.  FYI, not every slip and fall means there is liability on the part of the premises.


Title: Is special consideration given in an assault case if it's because the victim is a nun? (Vermont)

Question: Just curious. In my town a guy was arrested because he aggravated assaulted a nun. After he did it he yelled about doing it because she was a nun and religion is stupid and he allegedly said the same thing to the police. I posted here to ask if any special consideration for a harsher conviction because she was a nun? I'm not trying to say that it wasn't wrong but the majority of people here are really outraged and say he should have the book thrown at him because the victim was a nun. I'm asking about the law because I have never heard of nuns being a protected class.

Answer:
 Well, he attacked her specifically because of her membership in a protected class (religion) which would qualify it under Vermont's hate crime statutes. If a prosecutor chooses to pursue those charges, they come with higher potential penalties.

In addition, you are dealing with a jury/judge that are humans, and we all have a predisposition to protect people who we judge as defenseless. Usually we would see this as children, the disabled or elderly, but nuns probably get the same consideration. I would expect the attacker to get the higher range of any penalties he faces after conviction, just because his crime is considered particularly heinous. (We see this in reverse as well, as attacking, say, a drug dealer, would result in some sympathy from a jury).


Title: The woman who does payroll has been docking pay for people who don’t take lunch breaks

Question:
So I work at Kohl’s, the department store, and have recently learned that when they’re really busy, people haven’t been taking their lunches. Instead, they will work through lunch and eat when they eat home. When I was trained, I remember watching a video that said if someone is clocked out, they shouldn’t work at all and if they do they should be compensated.

When someone is scheduled 7 hours or more, they are supposed to take a 30 minute meal break and clock out for it. I recently learned that the woman who does payroll has been docking people’s pay 30 minutes for those who don’t take their meal breaks because they are too busy on the floor to take it. I don’t think this is legal, but I thought I would ask here. I know each state is different with labor laws, so I should mention that I live in Wisconsin. Thanks for your help!

**TL:DR** the woman doing payroll is docking pay for those who work through their 30 minute meal breaks and don’t have time to take them. Is this legal?

Answer:
 Wisconsin does not require lunch breaks.

Employees are required to follow thier schedule.

Employees must be paid for all hours worked.

You can file a wage claim for any hours worked you were not paid for.

Expect corporate to come down on employees not taking thier scheduled lunch breaks. They may choose to fire people for not following schedule.

Answer #2: File a wage complain with your state's department of labor.

If they're docking time for breaks, you must be given the break.  Depending on your state, you may be required to take a break regardless of how busy it is.Answer #3: The basic rule is employers cannot benefit from labor and not pay for it, even if it was unapproved. They can punish and fire employees who do not take their lunch breaks, but they have to pay for the time worked.


Title: Anxiety over Jury Duty

Question:
I haven't been called for jury duty, but i'd like to avoid it if possible with my mild agoraphobia and claustraphobia. If I get a letter from a psychologist, can I get out of serving jury duty? Is there anything else I can do? Thanks

I am in NYC

Answer:
 > If I get a letter from a psychologist, can I get out of serving jury duty?

You would have to show up to present the letter to counsel for the parties and the court, but I can tell you -- as an attorney -- if someone showed up with that sort of letter in my jury pool, I wouldn't want him or her anywhere near my case.


Title: [NY] Men's abortion rights?

Question:
Hey guys.

So I may or may not be pregnant (test had two lines; one faint and one thick. I just read reviews for this brand and apparently several people have had false positives).

I'm going in for a test on Monday. My ex may or may not show up, depending on whether or not he decides he's going to be flaky.

I'm just wondering, if I end up being pregnant, what rights does he have? I'm most certainly going through with an abortion. Am I obligated to tell him what the results are?

If he doesn't show up to the test, and if I end up being pregnant, part of me just wants to say to him, "I'm pregnant and I'm getting an abortion. I don't want your assistance because you've hurt me enough."

But does he have a say in my right to an abortion?

Thanks so much.

Answer:
 He has no rights. He's not pregnant. And so far the folks who are on the magical mystery tour have not been able to declare sperm a person.Answer #2: >I'm just wondering, if I end up being pregnant, what rights does he have?

None whatsoever unless and until a baby is born.  You can tell him or not tell him.  Totally up to you.Answer #3: He had zero rights until a small human is breathing air.

He has no say in what you do with your body. Zero. You don't have to tell him anything, ever.


Title: Business Partner trying to replace me with his insane son in law - need advice / help

Question:
I started a business with a partner about 4+ years ago.

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The business started at zero, with no employees and my partner was the "money guy" -- we are at 60/40 in terms of ownership with the 60% being in his favor.

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About 2 years ago, my business partner decided we were going to hire his son in law and I essentially had no say in the matter but went along with it to be agreeable. His son in law immediately began displaying violent behavior, punching walls and the desks in the office when things went wrong and screaming and cursing at everyone in the office, including me, an owner of the company.

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The son in law's insane behavior has continued in unrelenting fashion for the past two years. I have been told numerous times to "fuck off" to "go fuck myself" and worse by the son in law dozens of times, yet everytime I tell my business partner about these events, he essentially tells me that "thats how he is" and essentially gives me the same "sucks to be you" type of response. The son in law is completely untouchable.

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The son in law is an incredibly stupid guy, who is incapable of doing the job/work associated with the position he is in and reports to me, but is constantly throwing me and all of the employees in my company under the bus to his father in law when things go wrong to "make himself look better" and my business partner (his father in law) buys into it every time and comes after me.

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I am bringing in millions of dollars per year for the company and I am phenomenal at what I do. I have a horrible non compete which essentially states that I will no longer work in my industry if I leave this company and my business partner has made it very clear that if I leave he will aggressively enforce the non compete through legal actions, so essentially I am stuck in this partnership if I want to do the job I have become so good at which is highly specialized.

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Now, the son in law is requesting that a "team" be "built around him" and his father in law who is my business partner is completely on board, even though I am not while at the same time, the son in law is trying to convince his father in law to fire the rest of my staff (who are high performers and great people) so the son in law has less internal competition from the other employees, which my business partner is also constantly hinting is "something we need to do" at the direction of his son in law.

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My business partner now wants me to increase my non compete agreement and make it harder on me to leave in exchange for some more ownership in the company and I plan to  negotiate aggressively.

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What can I say and do to protect myself, my team and my position in the company so I dont continue getting abused by this insane son in law and his relationship with my business partner.

Answer:
 I'm not sure if we can say for sure without looking at the partnership agreement governing your business. Does the agreement give your business partner more management control over the business? Answer #2: > I have a horrible non compete which essentially states that I will no longer work in my industry if I leave this company and my business partner has made it very clear that if I leave he will aggressively enforce the non compete through legal actions,

Talk to a lawyer who is up to date on non-competes in your state.  In some states, courts frown on non-competes that are too broad, don't serve business purposes, or prevent you from employment in your area of expertise.

Answer #3: This sounds like lawyer territory.


Title: Sister is being defrauded by millions of dollars in divorce case

Question: [deleted]

Answer:
 Attorneys are professionals and often have friendships with other attorneys in their practice area.  If both sides are represented by high dollar divorce attorneys in the same city, I am sure they know each other well and have had many cases together.  A personal relationship between attorneys does not effect doing what is best for the client; it actually makes it easier.Answer #2: It feels like you've only got part of the story here.

If she isn't happy with her lawyer she should find a new one. This is way above Reddit's pay grade.


Title: (KS) Any legal recourse for losing employment due to court appearances?

Question:
My friend has been in court since the beginning of this year to try and get full custody of her daughter and get the biological father's rights taken/signed away. The father has not been cooperating and has even contested paternity twice, while also asking for full custody of their daughter.

This has led to multiple court appearances for hours at a time. The father has kept two separate steady jobs through all of this while my friend has gone through at least 4-5 jobs in the same time frame. All due to the fact that she has missed work for either court appearances or doctor appointments for her daughter (she is special needs). Every job interview she does to, she tells them what is going on and that she has appointments with specialists that can't be rescheduled, court appearances where she has to attend, and that she has previously lost employment due to these absences. The employer says they understand and will work with her but within a month of her starting and having these appointments, they will let her go. Even when she has documentation that her absences were due to court or the doctor. Just recently she had court during the middle of her work day that she had to go to, only to find out that her lawyer can't represent her if the custody goes to trial due to a conflict of interest so she has to do a mediation instead. She set up an appointment 2 weeks away for after she gets off work, but when her ex went in to do the same (she went right after court) and saw the time she chose, he said it didn't work for his schedule so they redid it for the middle of her work day instead. She has already been warned by her current employer that they may not be able to continue working with her because of these absences.

Is there anything she can do? She can barely afford to keep up with her rent and get her daughters medications and make it to her specialist's appointments 1.5 hours away.

Answer:
 So Kansas does not have protected sick leave for employees or their family members as a matter of law.

About court, since it's not jury duty, there is no Kansas statute protecting court appearances.  I believe there might be an exception for victims of domestic violence but I can't confirm at the moment.

If it's just a custody hearing or family court matter, then there would be no protection by any KS statute.

Your friend should speak with her attorney about any remedy that could take place in family court.


Title: I paid a tutor $800 to do my online English class, and he failed it. I asked for my money back, and now he is blackmailing me. What should I do?

Question:
I am in New York.

I paid a tutor $800 to do my online English course, and he got me an F in it. I asked him for my money back, and he said that if I dispute the payments he will contact my school and report me for cheating. What should I do?

Answer: Consider this a lesson learned and stop the academic dishonesty.


Title: [Under 17] Flying to Canada with Uncle, No parents.

Question: As the title says, I’m flying to Canada with my uncle, but my parents aren’t coming. I have verbal consent from both my parents. It’s an international flight out of the Unite States. Other than a valid passport and ticket, are there any other documents I need?

Answer: Get a notarized letter with both parents' signatures stating that you are in Uncle's care from xx-xx dates and that they give permission for you to cross the border with Uncle.


Title: Does any organization have the right to speak to a child for a reason without parental consent or with a parent?

Question: Watching an episode of Law and Order Svu, curious. I'm in Illinois

Answer:
 Depends on the org. So maybe. Cps and law enforcement can.Answer #2: There are few legal bans on speaking to a child without a parent present.  Literally anyone can approach a child and begin speaking to them, just like any other person.

In some specific cases, parental consent is required for use of the content of those discussions in court proceedings or other hearings.


Title: Hotel room contents ownership, who is responsible for any hidden drugs or drug paraphanalia? San Francisco, CA

Question:
I have been spending some time in San Francisco residency hotels (SROs) and occasionally find foil balls and once even found a used syringe.

Are there any legal guidelines regarding unknown hidden room contents and the guest's ownership and responsibility?

I imagine the key for me is proving that anything found was unknown to me. But how do I do that? Drug ownership is one those topics that is normally lied about, so I'm a little concerned about how to handle the situation if/when it arises.

Is there anything that I can do to protect myself?
Topic:
Drug Possession

Answer:
 The California Supreme Court has held that possession of illegal drugs can be established by proof "(1) that the accused exercised dominion and control over the contraband, (2) that he had knowledge of its presence, and (3) that the accused had knowledge that the material was a narcotic."

These three elements can be established with circumstantial evidence, as in a case very similar to yours from 1966 where the Court of Appeal said that "appellant's sole occupancy of the room for the two days immediately preceding the maid's entry into it and certainly supports the inference that he had dominion and control over the narcotics and paraphernalia found therein."

So if police bust down the door to your room and find paraphernalia, in all likelihood they'll add a charge for that and then the onus will be on you to prove that it *wasn't* yours. The fact that many different people frequently move in and out of SROs is definitely a point in your favor, but your best bet might be to thoroughly inspect the room once you get there to make sure there's no hidden paraphernalia.


Title: Hotel is saying I booked two rooms and are trying to bill me for both. Is deactivating my card some kind of violation?

Question:
ETA: sorry, I'm in Missouri and the hotel is in Texas.

Okay, please bear with me here. I'm not sure what to do and I've been pretty dumb during this whole thing. My boyfriend is stationed in another state. We wanted to see each other before the holidays so I booked 1 room for 3 nights through Choice Hotels. I selected the cheapest rate which is nonrefundable and can't be cancelled.

I double checked everything at checkout. Yes, only 1 room for the 3 nights which would cost around $270. I look at my confirmation email this morning and my reservation says I booked TWO rooms for the 3 nights and will be billed close to $600.

This is wrong so I called customer support. They reiterated the nonrefundable policy. No cancellations. I explained that this might be an issue with their website. The representative said an investigation would take 10 days. I finally got them to call the hotel and apparently it's up to the manager tof decide if he is willing to refund one of the rooms. No one was very helpful.

Anyway, I contacted my bank and ONE charge for $270 came out. Perfect! They said the company tried to pull that out twice but weren't able to because of insufficient funds. However, I had money deposit this morning and they would be able to take the additional money then. My bank offered to deactivate my card and I accepted. Is this in any way illegal? If so I will fix it immediately. Also, if this wasn't an error on the website's part, wouldn't they take out the total for the two rooms all at once  ($600) instead of trying to take out two payments for two separate rooms? This makes me think that there IS an issue with the website and a glitch made them book my reservation twice. Would that be possible or make sense?

Please, any advice on what to do next.

Answer:
 Well you didn't provide location but they feel you owe them for two rooms have and confirmation email stating as such. They are looking into things and may very well allow the cancellation of the second room. Deactivating your card isn't going to make the problem disappear. It might escalate things further. And if they have sufficient proof they may take you to court and sue, or send it to collections. Damaging your credit in the process.

Best bet contacted them and discuss things with them and let them know the reasoning and such and be polite they are people being a dick you will have them be a dick.


Title: [PA] My apartment lease ends on May 29. Landlord wants check for full months rent. Are they right or should the check be prorated?

Question: Its not much money, but still. Do I have any recourse here or am I stuck paying the full months rent?

Answer:
 Did your lease begin on May 30 last year?

If so, did you pay for the one day of rent in that month, or did you begin paying rent for June?

If you paid for May 30th last year, the rent for May this year should be prorated. If you didn't, you owe the full month.


Title: Why can lying on a parking permit application possibly result in a 10 year prison sentence?

Question:
I read an application for a visitor's parking permit of a local council in Sydney, Australia today and it had this in bold text at the bottom:

**A parking permit obtained through a dishonest act of deception may be considered to be fraud under Section 192E of the Crimes Act, which can carry a penalty of up to ten (10) years imprisonment and/or a penalty of up to $11,000 for individuals in the Local Court.**

Call me old fashioned but if the punishment matches the crime how can someone possibly go to jail for up to 10 years over a parking permit?

Is this just scare tactics and the use of the words *may* and *can* denotes that it probably won't lead to that?

I'm not in this situation, I am just interested to know how or why this Act applies and why the penalties are so severe.

Answer:
 Because it's fraud like any other fraud.

The fact that it's a parking permit doesn't make it worse.

But it also doesn't make it *less* serious.


Title: How do I deal with a grandfather who I fear will molest my niece and nephew?

Question:
I'm in the Mesa, AZ area and all of this occurred in the same area. Over ten years ago, when I was a kid, I was molested by a member of my family.

For some time he'd been away, so I put it out of my mind. But now he's back in the area, and I'm especially worried because his kids have had kids and are getting to the same age where he molested me.

I've slowly been able to tell the rest of my family about this, and others have since come forward to me who have also been molested, thanking me for speaking out about this. Everyone is basically supportive of me, but some of the only people who I haven't really been able to talk about this, mostly because they don't want to hear it, it are his children who have had the niece and nephew that I'm now worried about.

I've tried to spend as much time with my niece and nephew as possible to keep an eye out for them, but I've come to realize there's nothing I can do if their grandfather wants to do something to them, and I won't be able to forgive myself if he does.

I've even gone so far as far as confronting their grandfather about what he did to me about a week ago. The asshole didn't show any remorse, even saying he didn't "penetrate" me as if that made everything he did alright. He also said he'd see his grandchildren whenever he wanted and that there was nothing I could do about it.

My question for all of you is, what can I do? If I wanted to go to authorities about what he did to me and others to keep him away from my niece and nephew, what's the best way to go about that? Should I go directly to police or should I try and find a local organization or someone I can trust to go through first and maybe help me find sympathetic ears in law enforcement? Am I even able to do this, or is there a statute of limitations on this or something?

My primary concern is for my niece and nephew, of course, but if I can I'd also like to keep as much of my family together as possible, which includes allowing them to be with their father, the molester's son who I haven't been able to get to be supportive yet. If I do this, I need to make sure I do it right and I'd appreciate any and all advice in making sure I do so.

Answer: Have you considered that he may have attacked his children, too?


Title: Compliance with police at a hotel.

Question:
I work at a hotel in MN and occasionally police come in and ask for a list of people staying in the hotel to see if any of them have warrants out.

Am I legally obligated to give them that list without a warrant to do so? Technically we are private property so I don't think that I have to give them that information if I don't want to.

Am I right to refuse or should I give them the list?

Answer:
 Per Minnesota Statute § 327.12 (2004), hotel registers must be open to inspection by law enforcement officers.

Though, the supreme court ruling in City of Los Angeles v. Patel concluded that a hotel operator can have a “neutral decision maker review an officer’s demand to search the registry before he or she faces penalties for failing to comply.”

You should discuss with your manager and ownership what the policy should be for such requests.Answer #2: You are giving people a list of ALL the people staying in your hotel or you are just confirming or denying whether a particular person is there?


Title: Should I get a lawyer with me when going as witness and victim of an attempted robbery?

Question: Around 2 years ago someone held me at knife point and tried to steal my car. they did not manage but the person left a fingerprint in the car. I have been called to court as a witness in 2 weeks. People I am talking to say its best to get a lawyer with me as when on the stand they told me the defense lawyer will walk all over me if they see I am alone. Can someone please advise? What kind of lawyer should I get with me? They all seem to specialize in different things. Should I look for criminal lawyer? Am unsure as it seems they represent the guilty party mostly.

Answer:
 You can discuss with the prosecutor. She will object if the defense tries to badger you.

Unless your friends are actually lawyers, I wouldn't trust them too much.


Title: My uncle was just arrested and I have no idea what to do. NM

Question: [deleted]

Answer:
 Well the bills and mortgage must still be paid. So your uncle will need to designate someone to take care of that stuff for him. If he was reliant on his income to pay for those things then that's more of a family matter.

But at the end of the day being in jail will not excuse him from his financial obligations.


Title: [OH-US] Do I have to testify against my husband?

Question: [deleted]

Answer: spousal privledge only applies to communications, not actions. RC 2317.02(D)


Title: Can a student with a US law degree practice in Canada?

Question: My friend (Canadian citizen) is going to law school in the US and plans to start his legal career in Canada. He doesn't seem to have done any research about it. Our law systems are a bit different -- is this a common/possible path? I'm a bit worried for him.

Answer: If he passes the bar in the province on which he wishes to practice it doesn't matter where he goes to law school though if he plans to practice in Canada he shiuld probably go to a Canadian law school


Title: Pennsylvania: Policeman threatened to "arrest everyone" at my house party last Friday

Question:
My roommates and I had a small party at our house last Friday.  Midway through the party the cops arrived.  I met them on the front lawn and a policeman notified me of a car that was parked down the street that needed to be moved.  I told him I would notify the owner and have it moved immediately.  He then proceeded to give me a spiel about how the neighborhood has been a quiet residential neighborhood for 100 years and that him coming to our house was the first incident ever.  My roommates and I have taken measures to ensure that our parties do not get out of hand and that the music would not disturb our neighbors.  When I asked him if he was there on a noise complaint he said no, but that we were being loud and if he has to come back later that night he'd arrest everyone in the house.

Is this just a cop threatening college kids or does he have some legal grounds to do so?

Answer: If you and guests are breaking the law you all can be arrested.


Title: My boyfriend was arrested for Assault and Battery against me, but the police lied on the report about some major things and I am trying to figure out how to help.

Question: A week and a half ago, my boyfriend and I got into a heated argument after leaving a bar. We were both intoxicated, and walked down the road towards his house nearby. When he begin to get really hostile and loud, I told him I was walking away and would just take an Uber home, but he decided to follow me to continue the argument in a parking lot. He did push me, and he took my phone and would not give it back. We were both screaming at one another and at the end, on the ground with me attempting to take my phone back from him. I'm not 100% sure who called the police, but that's when they showed up and spoke to us separately and arrested him, despite me telling them repeatedly that he wasn't on the ground attacking me or hurting me. I know what he did was wrong, I know what he did was assault. This has never happened before, alcohol was a huge factor in this, and he's incredibly remorseful. We were both foolish and immature for drinking as much as we did that night and I'm not proud of any of it. Neither of us has ever been in trouble for anything before, have never gotten into a physical altercation with one another before after years of on and off dating, and I really want to help him through this. He spoke to his lawyer today, and the lawyer told him that the officer who arrested him claimed he saw my boyfriend holding my arms down while slamming my head on the ground. This is just completely and utterly false. At no point did he strike me or hold me down. The kicker with all of this is after they took him away, they left me in a dark parking lot by myself at 3am in a fairly dangerous city, miles from my home, drunk and bawling my eyes out. Didn't ask how I was getting home, didn't offer to help me secure a ride, absolutely nothing. That doesn't seem to me like they could have been incredibly concerned for my safety, especially after I supposedly just got pinned while someone was slamming my head on the ground. I don't understand the point of them lying and I'm co fused as to what I can and should do. I received something in the mail today from a Victim's Advocate telling me that I can write a Victim Impact Statement and I'm wondering if that's something I can use to help with all of this? I went to the court the day after he was arrested to help him get released, and already spoke to the Victim Advocate that morning. I just feel like no one is listening to my side. I'm aware abuse victims lie to protect their abuser, but that's not what's happening here. I'm angry and hurt about what transpired but I would never, ever be okay with or allow someone to do what the officer is claiming my boyfriend did, and I feel helpless just sitting here wondering what the outcome is going to be. Thank you in advance for any advice.

Answer:
 All you can really do at this point is talk to his lawyer and let them know your side of the story. It's extremely unlikely that this is just going to go away though.Answer #2: Your first step in this case should be to tell your boyfriend's lawyer that this piece of the report is a total fabrication.  Maybe the cop was confused about what he saw.  He'll probably say that's what he thought he saw when confronted.

Either way, this lawyer will know how best to proceed.  Complaining to the police department before talking with the lawyer could hurt your boyfriend's case.

Once his charges are resolved, THEN you complain to the department about being left on your own, unless your boyfriend's lawyer says otherwise.Answer #3: Your best bet right now is to work with your boyfriend's attorney to try to get this resolved. That said, one thing that doesn't make sense to me, if you had been held to the ground and you're boyfriend was banging your head on the ground why didn't the police call for an ambulance?

The point I'm trying to make is instead of just your word against the officers, you need to start thinking about what physical evidence or lack thereof could you potentially use to bolster your case.


Title: Possible discriminaton by potential employer. Do we have a case?

Question:
Some background: My SO had worked for this hospital for a couple years in various roles including as an lna and an administrative assistant. At the encouragement of some senior people she left her job to go to an 18 month nursing program and get her RN. There was no written guarantee of a job on her return, but an understanding that if she completed the degree they would find something for her. I live in a different city a couple hours away and have a good job. SO tried finding work near me but as a new nurse didn't have any luck because she lacked experience. We decided that she should go back to the hospital and get a couple years experience and we'd try to move closer in the future.

SO kept in touch with the hospital while in school and as graduation approched was told that they would have a position openung up and she should apply for it. After having an interview which mostly went well she was told that they were concerned about her engagement since they knew I lived in a different city. I'm not sure how they learned this information, I assume it's because my SO still has friends in the hospital that she talks to frequently and obviously getting engaged was something that she would have told them. After a couple weeks of not hearing anything SO was informed that she wouldn't be getting the position. She then sent an email to the manager asking why they passed on her and what she could do better in future interviews. The manager replied that there was nothing wrong with her qualifications and that they knew she was a good employee because of her previous time working there, but the only reason she didn't get the job was because of her engagement and the fact that i live and work in a different city. To me this seems like a clear case of descrimination, but we're not sure what to do next.

Edit: forgot to include that this is in New Hampshire

Answer: Having a long distance relationship is not a protected class, no case, next.Answer #2: Clearly discrimination. But not illegal. Illegal discrimination is for protected classes (race, gender, etc)


Title: (MD) A Director of a drug treatment facility found personal information of mine and told my supervisor

Question: Little context. . . Yesterday I was helping my brother set up his new battle station and in the midst of doing lots of cleaning we found old personal information (tax forms, fafsa stuff,etc) of his and mine. Throwing it in the public trash chute wasn't an option, so I decided to bag it all up and dispose of the papers at my place of employment (I don't wanna give the name of the place) since they have a shred box. This morning I get into work and I put the papers in the "shred it" box and go on with my day. About an hour ago I get a call from my supervisor saying how I was in a bit of trouble because I put said personal information in the shred box. How she found out my information was in the shred box? The director of the site I work at told her (my supervisor) she found papers with my name on it specifically expungement papers (from 8 years ago). Is there any type of law that permits someone to do this type of thing? I don't know what to do.

Answer:
 What makes you think you have a right to use your employer's shred box (which they pay for by weight or volume) for personal use?

Apologize and don't do it again. Make a stink and you could be looking for a new job.Answer #2: You placed documents with your name on it into a box at work. And you're wondering if people at work can look at it? Yes, of course they can.


Title: [GERMANY, TEXAS] German exchange student in Austin Texas, gets email from apartment complex with past due balance 2 years later

Question:
Dear legal advice,

I am writing because I am left scratching my head. Maybe you can help me with your collective knowledge of US law.
**Storytime:** Yesterday I received an email from a representative of the apartment complex I used to live in 2 years ago. It says I owe $97.26 and will be sent to "collections" if I do not pay by 15th of January. I spend about 14 months at UT Austin in Texas as part of an exchange program between UT and my German university. My time at the apartment complex was unproblematic, the management was easy-going, and I paid my rent on time by check. Never have there been any issues concerning missed payments, outstanding balances or similar issues. Fast forward December 27th, 2016, and I find this email.

The text of that email is as follows: *Hello asdfg, Upon audit of our accounts, it appears that there is a past due balance on your account of $97.26. We wanted to bring this to your attention in the case that it may have been overlooked. Please ensure that this is paid before January 15 to avoid further collection efforts being taken against you.*

I responded, probably a mistake: *Dear Mr. qwertz, I have returned to Germany from my year at UT Austin more than two years ago. I have not heard from you since. Also, I have never lived at "Ballpark". This is, without question, some sort of mistake. Please check your records. Best, asdfg*

I believe that they are shit-out-of-luck, right? The lease was terminated after 14 months in acknowledgement that everything was in order and I did not owe anything. This was a prerequisite to be release from that lease anyway. If they missed something they should have let me know then right away, but not years after the fact. This whole thing smells like fraud to me. At least, such behavior is illegal in Germany.
What do I do? Do I ignore them because I am German citizen living in Germany and asking for money after the fact is a bunch of horeshit? Do I ask for complete and exact evidence of how, why, and since when I owed the amount in question?

My reply so far would be the following: *Dear Mr. qwertz, As it stands, I do not owe anything. My contract has been concluded two years ago with acknowledgement of both parties, that everything is in order and that the amounts due were paid. This was your prerequisite to release me from the contract. If you now realize that you failed to inform me of any debt while the contract was still active, the fault of loss is yours alone and I must not bear it. If anything, you are to ask the clerk who concluded business two years ago and make your case with that employee. However, the asking for money after the fact, under threat of "collections", will not be tolerated. This issues should then be resolved and I am willing to generously overlook this mistake on your part.
If you wish to pursue this matter further, you are to provide me with complete and precise evidence of how exactly I am owing you the amount in question. This includes a written and comprehensive report of how, why, and since when I owed the amount in question. Moreover, you are to add a list of all rent amounts due and all amounts paid and all services ordered, delivered, and paid for. This is to be send to my lawyer's address as a certified copy and a certified translation in German via post, not email. This is to make sure the evidence has not been tampered with. All communication from here on out will not be done in electronic form, but in writing, again with my lawyer exclusively. All emails received from now on will be deleted upon arrival and you are barred from contacting this email address. As I am outside of US jurisdiction and citizen of Germany, you are to engage in legal battle in a German court, to which you are to send a representative on the court date given to you, if you wish to pursue this matter further. All resulting costs are your responsibility. Please wait for my email with my lawyer's contact details enclosed.
However, if you believe this was a mistake your are free to contact me saying so after which you are barred from contacting me again.
Best, asdfg*

Let me know how to proceed or if I have to proceed at all.

Thank you, your 230VMAX40W

Answer:
 The Texas four-year statute of limitations on debts works alongside the Texas Debt Collection Act. The limited time period means that debt collectors cannot sue individuals in an attempt to collect debts that are more than four years past due.

It might be a legitimate debt. Do you have any way of demonstrating it is not? And while they are not yet sending it to collections, you can try sending them a [debt validation letter](https://en.wikipedia.org/wiki/Debt_validation).

>*if you believe this was a mistake your are free to contact me saying so*

Do this.

>*after which you are barred from contacting me again*

Well that's b.s.Answer #2: > If you now realize that you failed to inform me of any debt while the contract was still active, the fault of loss is yours alone and I must not bear it.

You can claim this, but the law (of Texas) says otherwise.

Personally I'd be torn. I'm in the US. On principle, of course I wouldn't want to pay a debt in a foreign country if I believed it was an error. But the pragmatist in me would just want to pay it in order to close the chapter and avoid repercussions in the future. Your choice which way to go.


Title: (TN) There is a local public Facebook page dedicated to lost pets. You can post stray animals/pets you find or post about your lost pet. There are a lot of people who are giving away lost pets that obviously belong to someone. Is this legal?

Question:
This happens several times a day. Woman posts a picture of a large, adult, well groomed, well taken care of dog with a collar that she found in her neighborhood. Says, "I found this dog on X Street, can't keep her, free to good home. Call (number)." And they just give the dog away to some stranger. People often come post about their lost animals only to find that their dog has been given to a random person who no one knows how to contact.

We have a great local animal shelter, and they encourage people to bring strays in. But it doesn't happen that way often. Is giving away lost property like that legal?

Answer:
 >Is giving away lost property like that legal?

If there isn't someone out there trying to reclaim their pets, yeah. Answer #2: I suspect that the people giving away the dogs they "find" are really the actual owners or friends of them.


Title: Albany, NY - Failed to move left when passing a cop with someone pulled over.

Question:
So I live 6 hours from Albany. I was driving up to Vermont a couple weeks ago, and was given a ticket for not moving into the left lane when passing a cop with another car pulled over.

The thing that upsets me about this, is that there were three cars in the left lane, and I physically could not move into the left lane to pass the officer. Instead I began to slow down. I acknowledged that there were no people outside of the vehicles, and continued on my way.

This resulted in me getting this ticket, from an officer who both acknowledged that there were cars in the left lane, and that I slowed down, but was upset that I "did not slow down enough".

I just got off the phone with the court, and it seems this will cost me between $150-200 plus a $96 fee, and a few points on my license. I am really not in a position to afford that.

If I were to plead not guilty, I'd have to drive all the way back up there. Can you advise me on if it might be worth the trip. Is it likely I can get this ticket dismissed?

Thank you.

Answer: We can't really offer your chances here.  Chief among the issues is how much you slowed down, and whether it would have been possible to move over had you slowed down more.  You may want to talk to a local traffic attorney to see how that court tends to handle these matters.


Title: Boss emailed me telling me to jump off a bridge

Question:
United States, NJ

We had to do a statistics project for my boss' daughter's college class where we check off our current mood from a list and I selected "doom and gloom"

He responded with "If you hate your life and/or job so, do something about it, quit, jump off a bridge, whatever it takes."

I have a long history of depression and was wondering what legal action could be taken against him?

Thank you for your help.

Answer:
 > what legal action could be taken against him?

None.

Also, don't jump off a bridge.


Title: Is selling a graded university exam legal? IL

Question:
A topic is currently being heavily downvoted in my former university subreddit regarding a recent graduate selling his books plus exams. Some are saying selling a graded exam is illegal and could result in getting expelled. School policy aside, would this really be illegal?

I can't see copyright or some other type of ownership restriction being applied to a graded exam given back to the student. In my experience if teachers wanted to guard question banks they simply split it from the test and don't return them.

IL

Edit:
Just for clarification I don't find this strange / immoral at all and that's the reason I'm asking. While doing computer science reviewing old exams was encouraged by professors and some had old copies you could come and look at during office hours. Fraternities and sororities often will have a stock pile of old exams, especially ones related to study field.

Answer:
 Legal? Probably.

Violation of your school's code of conduct? Most likely.

Expulsion worthy? Possibly.

Edit: An activity in violation of the code of conduct can be legal and still get the student expelled.


Title: Homophobic threats in MD

Question: My friend was ready to be attacked by an off-leash pit bull in MD, who charged him from across a parking lot. The dog circled menacingly, snarling and not letting my friend get away. The dog did not get to him, because he maced the dog. The dog's owner, yards and yards away, finally came running up, and unleashed a barrage of homophobic abuse on my friend. He  yelled "you fucking faggot, fucking pussy, what are you a fucking ass fucker?  You take it up the ass? You're scared of a dog?" ( I include the offensive language for accuracy).  My friend is  a 250 pound ex infantry marine, so can handle himself, but not from an attack dog. . I know MD has a lower bar to verbal abuse/threats, but is there anything actionable here?  - Both the dog attack and particularly the homophobic abuse.

Answer:
 Saying mean things to you is generally not illegal.

A vicious dog is. He should report the vicious dog attack to animal control.


Title: Tenant who moved out in March still hasn't paid for last month's rent, citing BS reasons. How can I pursue losses without unnecessary legal fees?

Question: [deleted]

Answer:
 Just as a heads up: if you can see light through a crack, air can get through, too, which also means loss of heat and increased utility bills in the winter. You can't just ignore a problem because *you* don't think it's an issue.

Edit: also, how long did it take to resolve the mold and how long were they without the dishwasher?


Title: Separation with a Boyfriend

Question: My daughters father and I have been separated for some time now and will be getting divorced soon. I have a boyfriend and would like to introduce my daughter to him. Are there any legal actions my ex can take against me for this since the divorce is not final yet?

Answer: Since you posted your personal situation to a social media site where anyone can read what you’ve posted I’m going to add my own opinion even if you don’t want my 2 cents. Between the ages of 2-5 years old I experienced a brutal custody battle with my parents who also were dating during the divorce. I despised every single man my mom introduced me to and every single woman my dad introduced me to. In my mind at that age these people were causing the divorce of my parents. How old is your child? Maybe think a little more about introducing your boyfriend...I don’t think it is going to play out like you expect it to. Hopefully I’m entirely wrong but maybe try to look at this from the perspective of your kid. Good luck whatever you decide to do though!


Title: My friend, who was in a car accident two years ago, had a lawyer show up at his door a few days ago.

Question:
Location: USA, New Jersey.

My friend, who was in a car accident two years ago (no injuries) had a lawyer show up at his door two days ago saying this lady is suffering from permanent injuries. He said at the scene of the accident her car was hardly touched and his was totaled. As a result, two years later, she's coming after him for permanent injuries. I myself am not too fluent when it comes to legal advice as we are both hardly 20 years old, therefore I'm coming here. I feel terrible as he's not doing well in school and his life the past few days has been tumbling downwards due to grades and tickets which is pulling enough money away from his bank account (parking, stupid, I know).

With that being said, what should he be facing? His parents, 100 miles away from us, (where his permanent address is, we dorm at school) is furious/scared as hell as she thinks they will have to sell their house.

Thoughts, advice? Anything would be awesome, thanks.

Answer: He should contact his insurance immediately.


Title: Can my landlord enter my apartment if they gave me a notice but I did not give them permission?

Question:
Going to college in Iowa and live in an on campus apartment with my wife. I received an email pertaining to fall break stating

"Room Entry Notice

&#x200B;

Staff may enter your room during fall break to ensure that proper closing procedures have been followed, for room repairs, and/or to conduct routine maintenance (check smoke detectors, heating, cooling and electrical systems, etc.).".

If I notify them they do not have permission to enter my apartment while my wife and I are not here do they have to listen? Plus the break is a week long, that seems like a long interval to let someone know that a person might show up to inspect things.

Answer:
 > If I notify them they do not have permission to enter my apartment while my wife and I are not here do they have to listen?

That would likely be an example of unreasonably withholding consent to enter, which you are not allowed to do.Answer #2: > Staff may enter your room during fall break to ensure that proper closing procedures have been followed, for room repairs, and/or to conduct routine maintenance (check smoke detectors, heating, cooling and electrical systems, etc.).

Is this *really* the hill you want to die on? If yes, I suggest you secure alternate housing before you open fire.


Title: About to date a 17 year old.

Question: [deleted]

Answer:
 Here's the advice, in two parts.

Part the first: even if your relationship is legal, your new girlfriend's parents can make trouble for you if they don't like you. They can stop her from seeing you. They can call the police to bring her back if she's with you and won't come home. They can seek a restraining order if you won't leave her alone. If you plan on this relationship going anywhere, you'll have to get on with her family; you might as well start now.

Part the second: you will soon have a child. In principle, that shouldn't stop you from dating someone else; _that_ relationship is done and over. However, you might be wise to put plans of romance on hold until your kid is born and you have paternity, custody, and support ironed out. Your life _is_ going to change when you become a parent, and it's not entirely fair of you to expect a teenager to cope with the consequences of your failed relationships with you. Simply, it's not her kid. If she's on board, grand, I wish you the best of luck, but I am not optimistic.

Having another partner will not, in and of itself, interfere with your access to your child. Criminal charges or a restraining order, however, might. Dating a minor four years your younger is pushing it. Keep your relationship with your new girlfriend _spotless_ if you don't put it on hold entirely.Answer #2: If you feel like a creep why are you seeing her?


Title: This may not be the correct subreddit for my problem but I dont know where else to post... Roommate's girlfriend is given an all access pass to our house.

Question:
About 4 months ago, I signed a lease on a house with 3 of my close friends. There are a total of 3 guys (me included) and our one girl roommate, all age 23-24. (Bless her soul because she puts up with a lot of shit) Either way, living with these guys was great for the first 2 months. We were never late on bills, we kept the place clean, never argued, had no dirty dishes in the sink for more than 20 mins. It was all great until one of my male roommates brought over a girl he met on Tinder one night. Ever since they hung out the first time, she has been over at our house 4-5 nights a week and stays there all weekend; literally from Friday afternoon until Sunday night. Sometimes she'll even squat at our house well in to the week. I think the longest consecutive string of days she spent the night was 10.

None of us personally have a problem with her, it's just the lack of respect she has for the sanctity of our house to be as comfortable as she is there. He let's her stay there and hang out even on days when the rest of us are all off at work. I'll wake up, Monday morning, 730 am. She'll be on the couch wearing nothing but my roommate's t shirt, drinking coffee made from my other roommates Keurig out of one of my OTHER roommates mugs, then I'll go to work, get back around 630 and she'll still be there on the couch, apparently having not moved in 11 hours. At one point she even had a key as well but I talked to my roommate and got that problem solved. However I've also talked to him about the week long squatting sessions, letting her stay there when none of us are, her priviledge to come and go as she pleases without our approval, the fact that she comes here, uses our electricity, water, Netflix, food etc.  but none of those issues have been solved despite being brought up. He basically just says 'yeah I hear you, I'm sorry, it wont happen again' and then, plot twist, it happens again.

Now, reddit, I know this isn't necessarily 'legal' advice, but I've tried talking to him about it multiple times but nothing changes so I need another perspective on this. What would any of you do? Who knows maybe I'm actually completely in the wrong and you'll find me on r/AITA
Topic:
Landlord Tenant Housing

Answer:
 Tell the roommate if she's spending that much time at the house, then she needs to start paying rent and utilities.  You can have this conversation with her as well.  If she still shows up that often, give her the bill for what she owes.

Legally speaking, though, you can't forbid any of the lease signatories from having guests over as long as they want.  If having extended guests violates the lease, then your landlord could potentially evict all of you.


Title: If you get assaulted at an arcade, inform the staff, and the staff ultimately does nothing, are they legally liable?

Question:
A friend and I were at an arcade. We were playing one of those shooting games where you're inside a booth.

Suddenly, a rowdy bunch of kids (ages 5-9) started stomping/slamming into our gaming booth. We ignored them until some kids ran to the side and started kicking our legs. The kicks were hard enough for me to notice, so I stepped out and politely asked the kids to stop. They denied that they were doing anything and ran off. I went back to gaming.

A few minutes later, the same thing happened again. Pissed, I found a parent and informed them on what was going on. They nodded their heads but ultimately weren't going to do anything.

I informed the store manager and he said it would be hard to pinpoint which kids were the culprit (they were quite a few), and said he would try to talk to the parents. I got the feeling that he was blowing me off, but whatever.

I left the mall. My friend joined me a bit later and said earlier (as I was talking to the manager), he confronted the kids and told them to knock it off and that he didn't appreciate it. In response, one of the kids snuck up behind him and actually stabbed him with a spork! It didn't break the skin or anything, but wow, those kids were out of control.

Ultimately, we went home and wondered if we could've done anything. I know you can't put your hands on a child (even if they deserve it), but there has to be some method of recourse where your night of arcade gaming is ruined because of a bunch of shitty kids.

Any advice?

Edit 1: I know I stated "assault" in the title and that's an exaggeration (compared to what else might constitute assault).

tldr; bunch of kids ruined a night of arcade gaming and one of them stabbed my friend with a spork.

Answer:
 Rowdy 5-9 year olds are not likely to be a police issue.

And no, the arcade is not law enforcement, they don't need to act on your complaint.


Title: (Hypothetical) Tattoos and Employment

Question: [deleted]

Answer: Yes. Absent an employment contract stating otherwise, you can be fired for any reason, as long as you are not being discriminated against for being a member of a protected class. Answer #2: Assuming that you live in the US, there is a 98% chance that you do not live in Montana which means you live in an at will state. This means you can be fired for any non illegally discriminatory reason barring a contract that states otherwise or being in a union. Answer #3: Yes, they can fire you for any tattoos unless somehow they are tied to a protected class.


Title: My fiancee went to refill her prescriptions at a new doctor; the doctor (nurse?) wrote up a completely false 5150 and had her committed (involuntarily) to a mental hospital for 72 hours The 5150 is full of flat-out lies. What can we do?

Question:
So a quick background... My fiancee and I have lived in California for the last 10 months. She's 34, I'm 33. She drives for Uber/Lyft, I work as a network architect. We have a healthy and happy life together. Fast forward: My fiancée (let's call her B) went to a doctor in Daly City last Monday (4/10) for a refill on her Xanax and Wellbutrin.

It should have been a simple doctor's appointment, but the nurse who admitted her was new and they had never met. It was her first appointment at this new office; she's on Medi-Cal.

edit: Did a bit more research on this. The nurse mentioned below is an LMFT. Medi-Cal required her to go to a mental health doctor to refill Xanax & Wellbutrin, instead of just a GP doc.

The nurse started asking her a bunch of questions about her background, and steered the conversation strictly towards self-harm. The conversation went "Do you want to harm yourself?" "No." "If you did, how would you do it?" "I wouldn't." "But if you DID, how would you do it?" "I wouldn't." "Have you ever had any friends harm themselves?" "Yes." "How did THEY do it?" "I don't know." "How do you THINK they did it?" "I don't know." "How do you THINK they did it?" The nurse was stuck on repeating the SAME QUESTION over and over again, until she got the answer she wanted. Had I been there, I'd have told her to walk out right then and there. But I wasn't. So finally, they got to "Well, one of my friends committed suicide in a bathtub, so I imagine they used razor blades."

At that point, since the nurse had finally pressured her into admitting she had friends that had committed suicide, the nurse then badgered her to answer HOW they had committed suicide, and then wrote down that B wanted to harm herself (in the ways B had described her FRIENDS harming themselves), and the nurse committed flat-out perjury on a 5150 form to involuntarily commit B to a hospital on a suicide watch.

The 5150 contains a lot of perjury on the nurse’s part, including “she has only been in California for 2 months and the new environment is causing her unmanageable stress”, when anyone could clearly see that her driver’s license shows LAST YEAR’s date, her prescriptions have been filled in a San Francisco Walgreens for 6 months at least, etc.

After the nurse told my fiancee she was going to be placed into a suicide watch, the nurse had her supervisor come in and talk to my fiancee for less than a minute. She then signed the 5150.

All the doctors & social workers at Mills General Hospital in San Mateo agreed that B should not have been placed in the hospital, that she is no risk to anyone, and that she has a stable support system and knows how to handle her stressors. They admitted that the original doctor who PLACED her on the 5150 was new and didn’t understand the system well. They also said that they wouldn't directly contradict the original doctor/nurse. When B got OUT of the hospital after the full 72 hours, the hospital tried to get her to sign a form stating she couldn’t own a gun or ammunition ever again. She refused to sign this form.

So we have a normal person tossed into a lockdown ward of the hospital, ruining their life for 72 hours (and the original nurse tried to push for the full 14 days) and costing the American taxpayer a ton. This doctor/nurse is just ruining people’s lives with no regard to them whatsoever. Her civil liberties have been tossed aside and walked on. And who knows how many people they're doing this to? They could be 5150'ing every patient that walks in.

From what B said, the girl who was harassing her to describe her friend's suicide was a nurse and there was a large language barrier issue. The nurse then brought in the doctor to sign the 5150.

From the law itself:

Advisement
When persons are taken into custody on a 72-hour hold, they must be told (WIC 5157):
(a)
The name, position, and agency of the person initiating the custody;
(b) The name of the facility where they will be evaluated;
(c) That they are not under criminal arrest, but are being detained for evaluation by mental health professionals

NONE of this was completed. She was never told any of this, nor was she given a form or any information regarding WHY or WHERE she was being held.

Please tell me how we can fix this. She has to go back to the doctor this week and is terrified the doctor will simply 5150 her again.

Is she legally required to go BACK to that doctor? I have called multiple law offices regarding civil rights, medical malpractice, etc. but none of them handle this sort of case. I've left messages with the ACLU & MHAP, but haven't heard anything back yet.

Answer: This sounds really fishy. I don't believe you are getting the truth of the matter from your SO. No nonprofit county hospital is going to lie to get someone admitted.  I'd be willing to bet that they didn't want to refill her medication so she told them she would do something that warranted the hold.  Update us when your SO tells you the truth.


Title: Is a company allowed to require working 40+ hours in a week, but not give overtime pay when PTO is used to meet those requirements?

Question:
In the state of Maryland.

Company requires 48 hours in a week. Usually pays overtime for the 8 extra hours when worked as normal. However, in instances where PTO is used, it was stated that overtime is after 40 hours of "in office time". So, when 8 hours of PTO are used in addition to the remaining 40 hours worked, no overtime pay is given.

Is this legal? Is there anything that can be done in this situation?

Answer: Not in Maryland and not a lawyer, but every company I’ve ever worked for did it the same way. There’s no overtime if you didn’t “work” 40 hours. Answer #2: It's legal because overtime kicks in when work time exceeds 40 hours.  Vacation pay, sick pay, and holiday pay do not meet the requirement for work time.  So you'd get 48 hours of straight time pay.


Title: Home being sold October 5 - FL

Question: [deleted]

Answer:
 Your lease will transfer to the new owners.

If you have a fixed term lease, your new landlord has to oblige by the terms of that lease.  At the end of the lease they can either tell you to leave, or have you sign another lease.  If you are month to month, the landlord can offer you to sign a lease or give you proper notice to vacate per Florida law, which is 15 days.


Title: MIP for 3 empty beer cans

Question:
Coming from a friend who got pulled over in Iowa. They are both 18 and the whole situation seems fishy. Any advice or insight would be greatly appreciated.
"So we (M and O) both got pulled over for a light that was out in his car. I had about 3 glasses of wine at dinner and O had one beer. The first thing the officer asked was if he had been drinking, because it “smelled like alcohol” in the car. The officer pulled him out and asked him to blow and he said no, so he went through and gave him a sobriety test, which he passed. Then he came back to the car and the officer came over to my side and asked me to step out. When I did he said “wow it smells like weed”. This was clearly bullshit because he definitely, without a doubt had no trace of weed anywhere in the car, and neither of us had been smoking. The officer then asked me to blow, and I blew a 0.03. After that, because the officer “smelled weed”, he pulled him out of the car and made him stand by me against the police car while he started to search his car. The officer didn’t explain to us that he was going to search the car or why. After returning with nothing but 3 empty beer cans, the officer walked both of us back to the car and told us we could get back in. Then he left for 10-15 min. When the officer can back, he explained to us that he was not going to write us our citations that night, and he didn’t say why. He said he would get our phone numbers, and would call us on Friday (we got pulled over on a Wednesday) to sort out the citations. Not wanting to cause anymore trouble, we both agreed. The officer asked me to call someone to pick us up, and to get someone to move the car or else it would “be towed”. The officer then drove away and left us waiting in the car for my parents. After ~10 minutes, the officer came back and parked behind us while waiting for my parents. When my parents got there, my dad started questioning the officer about why he didn’t write out citations that night and why he didn’t explain anything to us. The officer then became upset and told my dad that O barely passed his sobriety test and that if he continued to argue, he would take O to the station. My dad stopped arguing, and the officer printed out both of our citations. The officer explained that he gave us each an MIP for the beer cans in O's car. I’m confused why I was charged because I wasn’t driving, it wasn’t my car, and it wasn’t my alcohol. I’m not sure why he even asked me to step out of the car in the first place.
PS: Also after the officer searched the car he asked if either of us had a pipe on us because he could “smell the weed”, to which we swore we didn’t"

Answer: So you're a minor and by your own admission you were drinking and you blew .03 and you're wondering why you were charged with MIP?


Title: Opening a safe

Question: If I opened my roommates safe without his permission and showed the contents to the police, could he be liable for what's inside?

Answer:
 History from this poster...

http://www.reddit.com/r/legaladvice/comments/2w66c4/posession_and_blackmail_scandal/

http://www.reddit.com/r/AskLEO/comments/2w6qm6/statutes_of_limitations_and_posession_in_the_past/

http://www.reddit.com/r/researchchemicals/comments/2px79m/ethylphenidate_experience/

etc, etc.

Dude. I mean this in the nicest way, but you need to deal with your issues around insecurity and need to be a part of a group. I'm not sure why you're pissed at your former dealer, but just move. You're in a dorm, you have no heavy shit to move. Pick up your laptop and your pillow and just get placed somewhere else in the dorm.

Aside from the great advice of "don't talk to the police", you're vulnerable. You have a history on reddit of drug use, talk about buying from foreign suppliers (over paypal even?) - at best, you get him arrested and you're labeled a snitch. At worst, you're facing drug charges, get evicted (no location, but student housing often has virtually no protections for tenants), expelled and will be ineligible for educational funding.

You're grasping a hot coal with the intent of throwing it at someone else. This path you are on is profoundly self destructive. Stop. Answer #2: Considering the minute you opened it, you just demonstrated he doesn't have exclusive access to it and that you can access the safe at will, the issue is not clear cut.  He could be or you could be, or a third party who also has access could be.  Or no one could be due to a lack proof as to who did what.


Title: Girl threatening of false charges against me

Question:
Hi,I met a girl online through matrimony(Indian) website and spoke over phone twice before meeting her in person. In first meet i liked her, everything went well and i was happy that at last i found my woman.
After one week when i met her i came to know about her past and was not happy about how things happened. From then on from last 1.5 months  i was trying to convey her the indifference's between both of us.
Now she is threatening me of suicide and police case if I don't marry her. How should i handle this? Can you please help?

Answer:
 I have no idea what kind of charges she thinks the police would come after you for, and I'm also not familiar with Indian law especially.

Relationship advice, though: don't let her hold you hostage with suicide threats.  Call emergency services if you're worried about it.


Title: The girl who lost her phone in New York hotel and thought the black kid stole it - has she actually committed a crime?

Question: It’s egregious behaviour, but I’m not sure what actual law it breaks?

Answer: She physically assaulted the kid on camera, so there's that at a minimum.Answer #2: [According to TMZ](https://www.tmz.com/2021/01/07/soho-karen-miya-ponsetto-arrested-hotel-cellphone-la/) (sorry, but it was the first place I could find reporting the actual charges): attempted robbery, endangering the welfare of a child, attempted grand larceny and attempted assault. It seems she didn't just verbally accuse him of stealing it, she physically attacked him and tried to take his phone.


Title: My father, early 60s, cannot find work because people on social media are telling falsehoods about his work ethic.

Question:
My father was in the merchant marines and has worked on various types of boats, in the engine room, running the boat from that end of things.

About 10 years ago he was fired from a job running the engines of a boat and with no explanation.  He has since been unable to find another job on a boat, despite applying for many positions.

Now, you must understand that my father can be a hard headed and irreverent man. If he thinks an authority is foolish, he will have no troubles telling them what they are doing wrong. I am sure this has caused him tensions at his jobs over the years, but I believe with confidence that he is a good worker and does understand how to do his work correctly and well. He is a respectful and kind man, unless he thinks you are an idiot, where he can be terse and direct. I believe with confidence that he must make enemies at his work because of his at times difficult personality, and this does not help him.

It has recently come to his attention, through a friend, that people within the industry are speaking about him on facebook, telling stories about his poor work ethic which are blatantly false. He may be an ornery man at times, but he works hard and does his job correctly. They are saying that he is incompetent and actively caused problems, which is simply not true. He believes that this is the cause of his inability to be hired, because employers look on social media to learn about who they may hire. The friend said he can likely sue because this is "libel" and affecting his livelihood.

I would like to help him deal with this problem. He has not saved well for retirement and needs the work. He does not know where to begin and does not have much money saved to pay for lawyers. I may be able to help him with this, with my own savings, if there is something he can do to fix this. Where is the best place to begin?

Answer:
 Peoples honest opinions generally do not arise to a cause of action.

He should apply, and if not hired he should inquire as to what he can do better next time and if they mention his work ethic maybe a cause of action but rumors that he is a bad employee on social media won't get you liable especially when:

> my father can be a hard headed and irreverent man.

This is the opinion from his son who wants him hired.

Just saying. If I can hire someone who isn't known to be hard headed v. one his own son thinks is, who do you think I'm hiring?

He doesn't have to work on boats.


Title: Kicked Out Of College For Jokes In Private Group Chat...Should I Hire A Lawyer?

Question:
Basically, I and about 10 other friends had this group chat where we would send explicit jokes. Somebody added this girl, and at first, we were weary but she told us that she thought we were cool kids and insisted that she stays in the group chat. Turns out, the whole time she was documenting everything we said and caught us at a bad time with a very immature joke we were telling. She took these screenshots to the dean of the University (private university), and I and two other kids ended up getting kicked out. Should I hire a lawyer? I'm either looking to get back in the university or get some kind of compensation. I was also not told my rights as a student, such as the fact that I would have 3 days to appeal this decision. The dean failed to tell me that. Isn't this decision going against my First Amendment? Thanks for any advice!

Edit: The University is in New York and is a private institution.
Topic:
School Related Issues

Answer:
 >Isn't this decision going against my First Amendment?

No. You can suffer consequences for what you say and the First Amendment will not protect you from most of them. You can be kicked out of school, *especially* a private one that probaby has some kind of Honor Code students are expected to uphold. You can be fired from most jobs. You can be refused service, people can choose not to be friends with you, and Facebook can ban you. Just to name a few possible consequences.

Your Freedom of Speech largely protects you from being persecuted by the government for what you say. As in, you can't be arrested or executed for saying you think the president is stupid and has bad policies and a ridiculous haircut. But not all speech is protected, the easiest example of unprotected speech is that you cannot threaten to harm people.Answer #2: "Wary."  "Weary" means "tired."Answer #3: You certainly could get a lawyer. He would be able to better look over things, but you're probably not going to have much luck. From everything you've said it does not appear they've violated any laws.

Answer #4: As others have said, you have no first amendment rights against a private actor.  You only have first amendment rights against a government actor.

The relationship between you and your university is based on a contract.  You can hire an attorney to help you determine whether the school violated the contract, but it will be a very difficult case.


Title: Got a "job" an interesting way- need help to know if it is real.

Question:
I submitted my resume via Craigslist and have been emailing the employer and their HR department. I would be the assistant to the man I've been emailing. I am in Texas and they are opening new offices in my city, my tasks include looking for warehouses and quoting office supplies. Hr sent me an employment agreement. What do I need to ensure this job is real? And give my social security #?

TL;DR- what info do I need from employer to know it's legit.

Edit: You guys are an awesomely responsive community thanks!

Answer: Thanks for the real answer mate Answer #2: Scam. Answer #3: As others said, it's probably a scam.    1.) No company expands and hires a new person off the street to head their expansion into a new city.  They know what they want and send their own trusted employee that's been with the company.  2.) Most likely can't google anything on this company without "scam" being included in with the search results.


Title: My school marked me down for using an "non conventional operating system"

Question:
As part of my digital class we where marked on how well / fast we could do a task I got my report back Yesterday to find out I dropped a grade because of my operating system choice (Linux) I asked and they said it was because it was not as efficient yet for me it was A LOT BETTER since my laptop was slow it helped a lot not to mention it had a lot more that I just needed Linux for as I didn't know how to do it in windows so for me Linux was more efficient I tried to explain this and was refused to be heard I'm really annoyed because it's ruined my other wise great report and I don't think this could be legal hoping there's something I can do to get them to at least hear me out

Any help is appreciated

I live in New Zealand no further location information will be given .

Also I don't know which flair to ad to this so I'm going with non us as I am outside of the usa
Topic:
Non-US

Answer:
 IANAL but I'm a fellow student.

Not sure what level of education you're in, but assuming you're in University, you might want to try reaching out to the Dean or Department Head. There's no guarantee that this will help, as professors tend to have a great degree of flexibility while grading and its extremely uncommon for grades to be overturned (especially if this is just a single assignment and not a final grade).

In my personal experience, I've only seen this "work" once after an exam (and in this case, there were other significant/serious factors involved). The grade itself wasn't even overturned, but all future work was graded by a different professor in the department.


Title: Is a lease valid if it is for a property without proper permits?

Question:
My dad is renovating his basement into an apartment to try and supplement some extra income. For all intents and purposes it's an entirely separate unit, it has its own entrance, bathroom, kitchen, etc

The problem is that he didn't go through with getting *any* sort of permits for the renovation. He's worried that this means that any lease that he signs with a tenant will be thrown out in court if that situation ever arises.

Is this true? Is a lease really invalid if the property isn't a legal rental property?

This is in Minnesota

Answer: Of course the lease is invalid if you can't legally lease out the premises.


Title: Neighbours' builders illegally dumping on my lot

Question:
I own a plot of land in a new estate area. The builders of the nearby lots have decided that my lot would be a great place to dump excess soil, to place materials until they need them, to leave pallets, some of which are now broken, to leave boxes. It's become a big problem as it attracts more dumpers. Random rubbish has appeared but I removed them whenever I see them.

I've tried calling the two builders, both deny any responsibility. Even though I have pictures of one using my lot to access their lot and place materials. And I have photos of the other that shows that the day they excavated is the same day a big pile of dirt appeared on my lot.

I've tried calling these builders, but they've basically said it's not theirs, told me I don't have enough proof and told me to get stuffed.

I tried call the estate corporate body and the local council and the police. But they all tell me it's a civil matter.

I tried speaking to my neighbours. One neighbour is there everyday and saw everything unfold. But he pretends to know nothing.

It's now coming to a point it must be removed for me to start build, or my builder will charge me approx $2k.

I've asked for advice from others who have built in new areas. They've all told me when they called builders, the builders were happy to comply, albeit slowly but it was done in the end by their requirement date.

I would move it myself but I'm 4'11 and have the strength of a mouse because of an old injury. It will take me days to slowly wheelbarrow it. And I don't know where to move the stuff too. I drive a Nissan micra so I don't exactly have boot space to take the pallets to the dump.

If I really have to pay $2k, then I guess I have to. I don't want to because I'm just so disappointed that the two site managers would bully me like that when I've never done anything to them.

One is a well known, one of the largest builder in Australia. The other is a small company I haven't heard of till this ordeal.

If anyone has any suggestions, I'd really appreciate it.

Also. Can someone advise if I have to right to sell the pallets and dirt?

Answer: If they are leaving building materials on your lot and deny they are theirs, post on Craigslist "free building materials" and someone will remove them for you. Answer #2: Sounds like you just need to let the contractors/management know that you charge $550/day for material storage. Send it certified mail, and start sending invoices after 30-days.


Title: AZOP. Neighbors trees is affecting my pool by dropping seed pods and leaves into my pool causing the filtration system to become clogged which disrupts the pool chemistry. Had to replace pump and have gone thru filters. Pool is almost unusable. Do I have a case?

Question:
Topic:
Real Estate law

Answer:
 Can you buy a pool cover? Mesh screen on the filter intakes (basically a filter before the filter)?Answer #2: I was not aware that there were trees and swimming pools in the 	Antarctic Zone of Peace.

(Seriously though, where are you located?)


Title: Wrongfully fired

Question:
I worked for my dad and his ex-wife took the company out from under him and fired me so I wouldn’t be a threat to her. She told me this after saying she didn’t consent to being recorded (unfortunately). I had a review just before she kicked him out of the company and my boss told me I was killing it and in line for a raise. The only iffy part is when I was fired they put me on leave so I was paid in full for two months but then she asked to me with me saying she had a update.

(I was hoping I was going back to work)

That’s when she told me her paying me not work was a gift and that I owe her and that I should be thankful.
Topic:
Employment Law

Answer:
 In the US other than Montana this isn’t wrongful termination.

You would likely be eligible for unemployment benefits and should file and appeal when denied.


Title: My mother committed suicide solely because of my Stepfather. Now my stepfather is getting away with that and he thinks he can get away with keeping my fair share.

Question:
Hey, all sorry for this long post. This post includes a backstory just because I feel like this is a unique scenario and I want everyone to understand where I’m coming from.  If you guys just want to help with the ‘legal’ part please start reading at “ANYWAYS”

I (M24) am an international student studying in California. Last November I lost my dear mother to suicide. Although this was a third consecutive death (grandparents) in the family within 2 years, I really haven’t figured out a way to deal with this emotion. Not to mention that I haven’t attended my mother’s funeral back home due to immigration complications and in fear that I won’t be able to finish my education (my mother’s biggest dream).

Backstory:

My bio father was never in the picture. My mom married my stepdad about 14 years ago and had a child. My mother was a hardworking and successful woman long before she met my stepfather. Ones they met and a few years later became more financially successful. As a result, my stepfather took full control of the family financials and the past 5 years prior to her death my mother was a stay at home mom and even moved to Dubai to live on the palm Jumeirah Island. My stepfather traveled back and forth from home country to see his wife and kid. But never really lived there.

It’s fair to say that my mother brought most of the cash into the marriage. I know she did. It is also fair to say that it took both to grow their assets.

So long story kind of short is my mother and stepfather had what seemed to be a perfect relationship. About 2 weeks before she took her own life, she called me EVERY single day. This is at this time she opened up about her marriage and how many issues she was having in her marriage. No physical abuse just emotional. Mind you I’ve NEVER even seen these 2 people fight. So, I was caught off guard when she was telling me about their problems.

It had gotten so bad that she had threatened him that she would take her own life, and he pretty much shrugged her off with IDC demeanor. That alone did something to her mentally. When she told me this, I freaked out on her. And she assured me it was just a threat and she would never do that to her 2 kids.

Fast-forward a week, she took her own life. Still to this day I don’t know any detail of her death. Even heard a rumor that “my stepfather could have paid Dubai officials to put some things under the rug. And you guys know the middle east and women…especially black women…no disrespect just stating facts.

The thing about her death is NOTHING added up!! She said things were getting better and even started to plan her life without him in it. The previous day from her death the whole family had gone out for lunch and they even did some car shopping. Literally the next day morning, she wakes up and takes her life. No matter how mad a person goes to bed the next morning you feel a little less angry. So, I  assume he said or did something to her that morning she woke up. When I ask him, he claims she just woke said NOTHING to him, got a cup of water, then locked herself in the bedroom/bathroom… still don’t know the details of how she committed.

ANYWAYS,

A year and 2 months have passed and my stepfather hasn’t mentioned anything about my fair share. He is willing to keep paying for school education. Which barely makes a dent in his wealth. He flew back to Dubai to sell my mom’s 2015 Porsche Cayenne which is worth at least 60K. Meanwhile, I’m struggling to pay for rent due to my working restrictions as a student. But hey my stepfather and little brother are currently in Asia enjoying their Xmas vacation

My mom had also mentioned how my stepfather is hiding money from her, so I’m not surprised if He is hiding it from me. To make matters just a little worse they have liquidated most/ all of their assets.

She also owns property back home, which he claims he’s letting me keep, but haven’t seen much rent money and I’m getting suspicious.

CONCLUSION

I know my stepfather has millions, and I’m not after that. I just need something I can sustain myself until I finish school and stand on my own to feet.

I know getting a lawyer is probably going to be everyone’s suggestion. The only problem with that is most of this is taking place internationally. I’m in the USA, mother passed in Dubai, and he’s currently living in Africa. With no way of tracking his assets or where he’s stashing his money. Which makes me question the lawyer route.

Also, I have an amazing little brother I don’t want to cut bridges with. Which is the only reason I still talk to my stepdad after everything he did to my one and only mother.

What is your advice for me? Anyone with a similar situation? I need advice, guide, input..anything.

Answer:
 >keeping my fair share.

Your fair share of what? Your post isn't clear on what your legal questions are.


Title: Elderly abuse - police officer concluded sexual abuse in nursing home was consensual. How can I challenge this? It’s absurd and I don’t know what to do - California

Question:
I don’t know how to link to my last post but it’s in my history if you need to read it. Long story short my mother in law was sexually abused in her nursing home by a worker at the facility. She has dementia and is unable to provide consent, and he went to her room and made her hug and kiss him and he touched her breasts and made her touch his penis.

The facility talked with the man and he told them the true story with witnesses present, that he made MIL go to her room with him and touched her inappropriately and had his clothes off when he was discovered. Well he told the police it was consensual and now, regardless of the main fact that she cannot give consent due to dementia, and even told the police that she didn’t want it to happen, the police have just believed him and have concluded that it was indeed consensual, including saying my sister in law said she didn’t want to press charges against the man which isn’t true at all! Sister in law lives in California, we live in Texas, so she was present at the scene once she was notified.

How can we fix this? How can we make them change the police report or whatever we need to do to make sure both he can be punished and the facility investigated?

Thank you in advance!

Answer: O hai Adult Protective Services! This is the perfect case for them. You can also complain to the [licensing organizations](http://www.canhr.org/factsheets/nh_fs/html/fs_NH_complaint.htm) for nursing homes. That whole page is something you should read, actually. You can contact Cali's Bureau of Medi-Cal Fraud & Elder Abuse, which also deals with these cases. Call your senator and state rep as well, their offices can help with clout if they take an interest, and this is something most reps would help with. Answer #2: File a complaint with the licensing board that covers the facility and the individual.


Title: (FL) A friend and I had a falling out, he's trying to ruin my relationships,reputation and side business. How can I get his posts removed?

Question:
I have a '68 Impala. I make some extra cash at car shows and get hired to park it outside someone's house if they're having a *Supernatural* themed party(which actually happens more than you'd think). I'd normally make like $100 a weekend, my friend would come with and I'd give him $25.

We got into an extremely stupid fight. He's decided to start posting all over Facebook and craigslist saying that I have STDs(that's a lie, I never have), that I don't pay my ex child support(because I don't have an ex with a child!) and various other things about how I'm a user and liar(I think he need to look in a mirror).

Facebook and Craigslist won't take down the posts even though all of the posts have my full name, address and picture.

That's defamation,right? A lawyer can make them take it down? How long would it take? Octobers coming up and that's my highest earning month, I can make $1000+ from the parties alone and he's trying to ruin that.

Answer: Yes, you can pay an attorney to send him a "cease and desist" letter - telling him that what he's done is slander, liable, and tortious interference with your business, and warning him that if he doesn't take down his comments and stop making them, then you will sue him.  But of course he might call your bluff.  It's impossible to give a time frame, but from filing to completion civil cases usually take at least 6 months (and of course it will cost you $).


Title: [US] I'm trying to post how slut my ex is. How can I get away with getting accused for defamation?

Question:
Basically, I want to post story of my ex with her name on internet. Is there any way to get away with her suing me? (like change one letter of her name to some random alphabet or post picture of her with her face blurred out?)
Thanks!

Answer: Or you could not do that and instead be the better person and move on.