Title: Scam? Legit? Need advice

Question:
Okay guys, I seem to be a little stuck. I went on to /r/scams but was told maybe I can get some help here.

I'm pretty good at seeing obvious scams but now I'm stuck with one that I don't know if it's legit or a scam. I got a letter from a collection agency saying I owe $66 for unpaid toll fine. It says the NTTA from Dallas/Fortworth transferred it to them since I did not respond to the 2 notices the NTTA sent me. I never got any notices. And I never in my life have been to Dallas or Fortworth. So this letter says I have 30 days to respond to dispute it or they will consider it a valid debt. It even has my license plate number on the letter.

Now what gets me is I've never in my life been to Dallas and no where where I live is there a toll highway. And also the letter says they accept payments by Western Union and Moneygram. It also has a link to pay online at the collections website. I googled that collections agency and NTTA and wow...so many complaints. But those seem to be from actual people that have toll tags or something like that. I don't even know what that is since I don't have to deal with tolls where I live. There are none.

Since it's gone to collections shouldn't this appear on my credit report? I got this letter 2 days ago. I checked my credit report and see nothing under collections or and derogatory remarks on it. So this is why i'm weary of this letter.

Should I respond with a letter to dispute it and to get actual proof? I work hard to keep my credit perfect and only to have this false charge ruin it for me like many others online. Apparently on some people it's gone to the point of getting a summons to see a justice of the peace. WTF?!
Is this NTTA a federal agency? How the hell do they have this much power to block registrations and get you arrested for unpaid toll fees? The NTTA won't give me the time of day since it's gone to collections already.

What should I do to see if this is actually real? And will this bogus charge affect my credit?

*************
Edit: I got this back from NTTA customer service.

Dear Customer,

Thank you for contacting the NTTA. We apologize that the ZipCash invoice(s) you received have been closed. A new invoice(s) will be regenerated by our system and will be mailed to the address listed in DMV records. We appreciate your business.

NTTA Customer Service Center

Answer:
 A quick Google of "ntta" gives "North Texas Tollway Authority" as the first result. (So no, not federal.) Perhaps you could do likewise and use their Customer Service menu first.Answer #2: Absolutely dispute the debt and ask them to verify it. Answer #3: Um, Western and Money Gram Payments? Seriously? What is the name of the collections agency? What is the link?

I would consider contacting

By the way, on the NTTA website:
https://www.ntta.org/newsresources/medcent/Pages/News-Releases.aspx

So they are having issues with people scamming in their name.


Title: Can you go to jail for reckless driving?

Question: Is jail time common for a reckless driving charge?

Answer: After a quick google: can you go to jail? Yes, up to 60 days.


Title: Facing jail time in Mississippi for non-payment of child support. I have been paying 300 a month which is 20 percent of my income now, but the order is for 1531 a month. I cannot afford an attorney. Is there anywhere I can get help for a lower price or free?? Please help

Question:
I am going to court in Mississippi on Oct 12th and I'm facing jail time for non-payment of child support.  I have been paying 300 dollars a month for the last 9 months, because that's all I can afford.  I only make 1500 a month.  My original child support payment order was for 1531.00 a month.  This was based on my military pay at the time and subsequently my pay as a contractor in Afghanistan.  In 2014 I was injured in Afghanistan and I was put on workmans comp.  this drastically changed my income.  I stressed this to my ex-wife that I would only be able to pay 750 a month while on workmans comp. She did not agree to this and reported me for non payment.  I was still paying as much as I possibly could at 750.  Long story short the judge agreed with her because I could not afford an attorney to represent me.  This eventually cost me my security clearance which also cost me my job.  I still cannot afford an attorney and I've been ordered to pay 2000 dollars which I do not have by Oct 12 or I will be incarcerated.  Is there any type of public defendant for family court?  Is there anything I can do besides paying 2000 dollars that I don't have?  Any information is greatly appreciated!

Does it matter that she is married to a wealthy man and they are not struggling at all?  My wife and I and our 4 year old son live in low rent apartments, and struggle to pay our bills monthly.  Do the courts take consideration at all for my wife and son that live with me?  I know that sounds like I'm just bitching, but it is a serious question.

Answer:
 >Does it matter that she is married to a wealthy man and they are not struggling at all?

Not even in the slightest. Answer #2: You've gotten some good recommendations in this thread.

You should have filed a motion for modification the minute you started receiving workman's comp.  As others have said, a retroactive modification of your child support order isn't likely.  I work in child support, and retro mods typically only happen when there is gross negligence in accounting.

Make sure to file an updated Income & Expense Declaration prior to you next hearing.  Is your case handled by a county agency?  Contact them ASAP and request a review & adjustment of your court order.  Obviously, your income has decreased so that change of circumstance warrants a modification.  Do you have more time with the child(ren)?

The income of your wife's new spouse isn't factored in at all.  He has no legal obligation to provide for your children.  That is between you and your ex.  In California, an obligor can get a "hardship" deduction for other biological children outside of the subject relationship (at the judge's discretion).  Look into that and see if it's applicable in your state.  Also, does your state have a low-income adjustment for support orders?  Making $1,500/month may qualify you for that adjustment.  Answer #3: One way to reduce the amount you need to pay is by physically caring for the child. Do you have visitation? 50/50 Custody? Every other weekend? Or do you just pay $300 a month and never see the child? Answer #4: >I still cannot afford an attorney and I've been ordered to pay 2000 dollars which I do not have by Oct 12 or I will be incarcerated.

Isn't this literally a debtor's prison?


Title: NYC: RACIST KIDS KEEP THROWING BALLS and ROCKS AT MY GRANDMA'S WINDOW

Question:
Recently I visited my grandma in the city. She lives in a government-owned building (NYCHA), next to a community center. The community center has a basketball court and playground which is faced directly next to my grandma's windows.  There have been several occasions where kids (ages: 8-16ish) would go to the playground below my grandma's house and act like they are playing. Then they would throw at my grandma's window, yelling out racial slurs at my grandma (We are Asian American) and run away. Through previous experiences, it has happened a couple of times where the windows would break, needing replacement. This problem has been ongoing. Every time I try to file a complaint, it does not seem to be solved. NYCHA tells us to talk to the community center as it is their property, yet the community center does not take responsibility as they say the kids are not from the community center. No one is supposed to be at the playground when the community center is closed, yet it is not enforced.

What can be done for my grandma? She is starting to get really tired of hearing windows being broken. She has lived there for 21+ years.

Any help would be appreciated, thanks!

Answer:
 Call the police.Answer #2: Call the police.Answer #3: Generally, one would call the police to report vandalism.  (Tip: ask for the Community Affairs officer).

Barring that, I hear the A-Team is looking for work.  Been a slow summer.


Title: Follow up to "pulled over for driving left of center at 1:30AM". Court is later today. Could use advice.

Question:
https://www.reddit.com/r/legaladvice/comments/4u1puj/pulled_over_for_driving_left_of_center_at_130am/

This happened in Jenks Oklahoma.

So, a few weeks ago I made the post above detailing what happened during the stop, and then asking if I could fight it. The top comment was "You've provided neither your state nor the statute you were accused of violating. Without that information, nobody can even venture a guess."

So in this post I have provided the actual violation, and some possible ways that I may be able to get out of this. I am only 18 though so I could use some help. **If you want the details on the traffic stop, click the post above**. The ticket is $149 and I am hoping to get it dismissed, or at the very least reduced.

Tl;dr of the traffic stop:

I was stopped for driving some friends home at 1:30 AM or so. A cop in front of me pulled to the side and began following me, he then pulled me over. He issued me a sobriety test and then told me that he saw me driving left of center several times, while I was not drunk, he issued me a ticket for driving left of center.

So, this is in ***Jenks, Oklahoma***, and on this ticket I am accused of

"DRIVING LEFT OF CENTER (CITY)".

"Contrary to Statute/Ordinance: 20-5"

Article 5. Driving on Right Side of Roadway; Overtaking and Passing; etc.
§20-5-1. Drive on Right Side of Roadway; Exceptions.

(A) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of
the roadway except as follows:

(1) When overtaking and passing another vehicle proceeding in the same
direction under the rules governing such movement.

(2) When the right half of a roadway is closed to traffic while under construction
or repair.

(3) Upon a roadway divided into three (3) marked lanes for traffic under the rules
applicable thereon.

(4) Upon a roadway designated and signposted for one-way traffic.

(B) Upon all roadways, any vehicles proceeding at less than the normal speed of traffic at
the time and place and under the conditions then existing shall be driven in the righthand
lane then available for traffic, or as close as practicable to the right-hand curb or
edge of the roadway, except when overtaking and passing another vehicle proceeding
in the same direction or when preparing for a left turn at an intersection or into a
private road or driveway.

Here is the website I got this from: http://www.jenks.com/sites/default/files/Jenks%20City%20Code%202011%20ALL%20updated%20printable2%20double%20sided%201inch%20both%206-17-13_0.pdf

Ctrl-F "Driving on Right Side of Roadway"

These are some "angles" I have thought of that might help me in court:

1. This is my first ticket.

2. I think one of the most compelling reasons to have this ticket dismissed is that there was nobody on the road at the time besides me and the officer, and there was nobody for me to endanger by going an inch or two over the line.

3. I had two other friends in the car, and all three of us were on the lookout for my driving so that I was not pulled over. I think they could testify for me if I brought them in as witnesses.

4. The officer initially pulled me over and gave me a sobriety test. After I passed, he then gave me the details that I was driving left of center. It seems to me that he was just trying to write me a ticket.

5. The fact that the officer stopped and got behind me made me nervous and affected my driving. The sobriety test also shook me up and I think I said "I shouldn't have been driving like that", but this was because I was very nervous and not thinking straight. Not because I was drinking (obviously), but because it was a new situation and I did not want to be arrested.

6. The officer said that he gave me a sobriety test because of my driving, but also because I had "fumbling dexterity". I assume he means that I was shaking when getting my license, registration and insurance. This was because I was nervous. Would it be too much of a leap to imply that any aberrations in my driving were also because I was nervous, and that **I wouldn't be driving that way if he wasn't following me?**

So, now that you have the details, how do I get out of this? How should I plead? Are any of my above thoughts worth mentioning? Should I bring my friends in as witnesses?

EDIT: Lots of people in this thread arguing with me someone who doesn't really know much about court or the law, that's fine. I've got a lot of advice on what not to say, but what I'm really after is what I should say/plead to have this dismissed or reduced.

Answer:
 >2.I think one of the most compelling reasons to have this ticket dismissed is that there was nobody on the road at the time besides me and the officer, and there was nobody for me to endanger by going an inch or two over the line.

This should never be mentioned.  You are to operate your vehicle in a safe manner at all times regardless of other vehicles on the road or not.

>3.I had two other friends in the car, and all three of us were on the lookout for my driving so that I was not pulled over. I think they could testify for me if I brought them in as witnesses.

You could, but they are not responsible for how you drive.

And so on, and on with your train of thought, none of these are valid reasons to have broken the law.

You should've hired a traffic lawyer if you wanted to beat it or have it plead down.  See if you can find one before court.


Title: [Houston] Detailer lost my floor mats, admitted to it, they are now playing stupid.

Question: [deleted]

Answer:
 if it is a chain or franchised business, you can take your complaint up the chain of command.

>I think $300 is too little to sue over

Well if the company doesn't accommodate you, that will be your only recourse.


Title: Should I have disclosed this? If this will show up on a background check, how should I proceed?

Question: [deleted]

Answer: If it ever comes up, the answer you give is, "Really? I was 17 and an overzealous cop gave me a ticket for having a cigarette. My dad went to court and got the case thrown out. It was such a minor thing that I hadn't even thought about it again until just now."


Title: Hypothetical: What happens if someone kills someone while under the influence of a drug?

Question:
In this purely hypothetical scenario, there is a business which has been given permission by the U.S. government to conduct tests involving some type of psychedelic drug that can cause some people to hallucinate. One of the people that is given the drug has a crazy trip. The person breaks out of the testing center, wanders the streets, and kills someone using a nearby rusty pipe thinking that random person to be a demon sent to kill them.

In this scenario, who is to be charged for the murder of the victim, if anyone at all? Would it be the person under the influence of this drug or the business that gave it to him or would no one be charged? Or would the charge be manslaughter or some other type of offense?

Answer:
 Intentional intoxication is rarely a defence to criminal acts. The drug-ee may well be convicted of murder, or at least manslaughter, and would likely carry most of the civil liability for the resulting wrongful death.

However, context matters. The facility conducting the test may well have some civil liability, especially if psychosis or homocidal tendencies are a known or suspected side effect of the drug in question. Depending on the steps they took to secure the patient and on their preparedness beforehand, they may end up paying the family of the deceased quite a bit of money. It's also fairly likely that the test subject's informed consent would be inspected fairly closely, and any lapses there could lead to criminal or professional consequences for the staff administering the test.


Title: Voice Recorded w/o Consent or Knowledge at Work. Legal?

Question:
I manage a large store and was recently contacted by corporate who stated that I had been "Secret Shopped" and had my voice recorded without my knowledge or consent.  I have retained a copy of the recording, and can verify that it's my voice.

Is this legal?  If so, under what circumstance, and if not, on what legal grounds?

Thanks!

Answer: Although PA is a two party consent state, there are exceptions to that. This also involves labor law. I would seek 30 min of lawyer time for a more correct answer than we could give you here.


Title: [PA] College Trying to Force Students to Break Leases

Question:
Hi everyone, I currently attend a small private college in Pennsylvania.  There's a lot of back story to this with shady dealing by the administration but I'll stick to the facts for the sake of brevity.

1. Last year the college instituted a mandatory 4 year on campus living policy in place of their previous 2 year policy.

2.  Students who had already signed 2017-2018 Off campus leases were allowed to live off campus this academic year

3. Students allows to live off campus 2017-2018 asked the school if we would be forced to live on campus for 2018-2019.  As of January they had not fully revealed the policy (they didn't have it done because they rushed it's implementation) but at that time they did not discourage students who lived off campus 2017-2018 from renewing their leases and they insinuated that we would not have to move back on campus.

4. My housemates and I signed a 12 month lease extension through May of 2019 in January

5. I received verbal confirmation from housing staff that this was acceptable at the time, but I also have the transcript of an email sent to another student during this time period by housing staff which makes a general reference to 2017-2018 off campus residents not having to move back on campus which backs up what I was told in person by housing staff.

6.  The school has now denied all students including those with signed 2018-2019 leases off campus living permission.  This is 8 days before we will have to apply for the on campus housing selection lottery.

7.  They have said regardless of our off campus leases we will be charged an on campus living fee (about 1.5x - 2x what I pay in rent off campus)  essentially trying to force us to Break our contractual obligation to our landlord.

My question is is this legal?  Trying to force us to Break a contract when we have evidence that their staff misinformed us about a clarification to the policy seems like it shouldn't be.  We are meeting with my landlord this afternoon to try and work this out isnthere any additional information I should try to get for her?  Also, transferring is not an option my school makes it incredibly difficult to transfer credits and ibcould likely have to attend an extra 1-2 years of college if I were to leave.

Answer:
 NAL but it is not that the school is forcing you to a break a lease, it is the school that is not allowing you to attend school while living off campus.

So the school can dictate who they accept and allow to enroll in the college, so far as the school is not discriminating protected classes.

I think in reality you have a few options:

* Speak personally with someone in accommodations and see if a human face makes it more difficult for the college to deny you. I don't think this will make a difference personally.

* Speak with your landlord about breaking the lease. See if there is a clause that will allow you to buy out your lease, etc...

* Don't enroll in this pathetic excuse of a school that is masquerading as an actual education institution and transfer to another.


Title: A company is using a still from my video to promote their product.

Question:
United States, Washington.
Recently a friend came across an ad on instagram using a still from a video that I made of myself with something that I built (which is very similar to what they are trying to sell). They are using the image to promote their product, and make it look much better functionally than it actually is, all without using my permission to use it or my image in the ad. Is there any course of action that I can take? Hopefully one that makes me money in the process?

Answer:
 To get money out of it, you'd need to sue for copyright infringement, and unless you registered the copyright before the infringement took place you could only recover actual damages (money you lost, or that they gained which you would have got if not for the infringement, due to the infringement) but no statutory damages (amount set out by law for infringing on a registered copyright). This involves paying for a lawyer.

Quicker and cheaper, but no money recovered, is DMCA. You created the video from which the still was taken, so you hold copyright. You can send a takedown notice to whoever is hosting the picture (such as instagram) - unless the infringer files a counter-claim (saying that they have the right to use the image, at which point it's up to you to go to court), they have to take it down to avoid losing various legal protections.Answer #2: In addition to copyright infringement (which would need to be brought in Federal Court), you also have a claim against them for using your image in a commercial setting - essentially promoting their product.  In order for them to do this, you need to have given them written permission - i.e.,  a model release.

This should be an easier claim to make, since it would be in a state court.  You need to see a lawyer in order to proceed.  Since it would be difficult to push a copyright infringement claim - due to lack of registration, I would suggest to make using your image very expensive (or as expensive as possible).


Title: (KY) my sister was pulled over for a broken tail light and was charged with possession of marijuana. The next day, she realized her tail light wasn't broken.

Question: Like the title says, my sister was pulled over for a broken tail light. When the officer said he smelled marijuana, he asked to search the car, and she consented and the smell was obvious. She was charged with possession and paraphernalia and was able to drive home as she was deemed unimpaired to drive. Today however, she took a look at her tail light and all it was, was a piece of the red cover had broken off. The tail light still worked. Is there any way to fight this?

Answer:
 That’s still a broken taillight. She should get a criminal defense attorney.Answer #2: Cover being broken is a broken taillight. It could also have a short and the light was out at the time of the traffic stop. Answer #3: If the red broke off so white light was showing, her tail light was broken.

To fight this, you hire a lawyer and follow their directive.


Title: My ex husband and his slanderous remarks about me. Does this finally qualify as proof and can I press charges?

Question:
US/ WI.

My ex has in the past, told me he was going to tell everyone I had an abortion.  I never had an abortion.  Funny thing is, he had two girlfriends have one abortion each before I met him.  He told a few people, no one cared.  I never pressed charges for libel.

Since then, he's been telling everyone with ears I am mentally ill. Truth is, I am not.  Not a single diagnosis.  Just usual therapy during the time I was going through the horrendous divorce six years ago.  Actually, a quite mentally healthy way for me to behave.

Anyway, because he has to go to court for contempt (refusal to timely pay his half of child variable expenses), he has written my lawyer a lengthy email which states I am mentally ill four separate times.

Can this be used as proof of slander?

I am awaiting my lawyers reply and wanted to get another perspective.  Thanks

Answer:
 Go with the advice your lawyer gives you; they'll have a much more nuanced view of your case, especially for something that would be as fact-based as libel/slander/defamation.Answer #2: "Mentally ill" is often used in common language to mean things other than a literal mental illness. If he's just going around telling people you're "mentally ill", that's probably not slander, for the same reason that it's not slander to go around telling people you're crazy.

If he's telling people you have some *specific* mental illness, you may have a case. But this is almost certainly not criminal defamation, and even if it is the DA is extremely unlikely to prosecute. So you won't be able to press charges. You can still raise a civil case, but you'd need to show that you've actually been caused harm. (And defamation cases are expensive.)


Title: I was given a speeding ticket that was meant for someone else! What can I do? (I’m out of state at the moment)

Question:
So it’s the first day of the family vacation to the Outer Banks in North Carolina. I’m humming along behind this old Volvo with a beautiful lagoon on my right and a picturesque beachscape to my left when I notice a patrol cruiser behind me.

‘No big deal’ I think to myself - after all I was going 5mph *under* the posted limit of 55 (thanks to the Volvo ahead that looked as if it might fall right to pieces any second). A couple minutes later I see the blue lights flash and think ‘ah, the officer must’ve gotten a call’. So I pull over to let them pass, but to my surprise the cruiser pulls up behind us.

My wife and I shoot each other a nervous glance as the officer approaches. I’ve got my hands at 10 & 2, waiting to see what’s up.

“I pulled you over because you were going 70 in a 55 when you passed me back there.” She started.

“Oh no officer, we were going fifty behind that Volvo for miles,” I replied in my most gentle, respectful voice.

The officer’s brow furrows and she snaps back with “no sir. You passed by me going 70 sixteen miles back. License and registration please.”

At this point my wife looks downright livid. I hand the officer my papers and she walks back to her cruiser.

“What the hell is she talking about,” my wife spat as soon as we were out of earshot.

“I don’t know, we never even got close to 70,” I replied in a state of genuine confusion.

The officer approached again, handing me a little slip.

“You can pay this online, or appear at the date listed. Drive safe and have a nice night.” The officer strode back to her cruiser and sped off.

My wife tore into the ticket looking for anything that might explain what just happened.

“This says that we were going 15 over in a 2000 Station Wagon!”

I was now more confused than ever. We were driving our 2018 BMW X4M40i — a pretty far cry from a two-decade old station wagon. The time listed was also about 40 minutes off and made no mention of the torrential rain we were driving through before getting pulled over.

We are about 7 hours away from home and there is no way we can manage a court appearance with our work schedules. Although, I’d love to ask the officer a few questions before a judge, that isn’t an option.

So my question is this. Do I have any recourse for this obviously fraudulent ticket? Is there anything I can do through the mail or the phone? According to the NC uniform commercial code we have the right to request the officer’s notes, which we will, if only to mildly inconvenience her.

I really appreciate any advice and hope that there is at least *something* that we can do. Thanks for your time!

Answer: Hire a lawyer in the area to take care of it.


Title: [US FL]Someone suing for car accident saying they received bodily injury when they walked out fine and drove away??

Question:
So basically my brother rear ended someone in 2013 and in April 2014 filed a suit, the letter detailing everything came today. The odd thing about this is that the lady was able to walk out and tell my brother everything is ok and then drove off. Fast forward a few years and we get this letter stating

"________ suffered bodily injury and resulting in pain and suffering disability, disfigurement ,mental anguish ,loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care, treatment , loss of earnings, loss of ability to earn money and aggravation of a previous condition."

Even though she says this, our car was the most damaged Her car was dinged slightly and ours was obliterated from the front

What they hell do I  do?

Answer:
 I got into a pretty bad accident when I was 18 or 19. I was walking just fine, mobile, coherent, etc. I was fine for about five hours before I finally went home and lost all feeling in my left arm.

My point? Injuries from this kind of thing can take a long time to show up. Sometimes shock or adrenaline can do pretty amazing things.

As for the advice, everybody else covered it: he needs to call his insurance company. That's what he's paying them for.Answer #2: you don't do anything. it wasn't your accident or your vehicle. your brother needs to get in touch with his insurance asap and they'll figure things out from there. walking away from the accident doesn't mean she had no injuries.


Title: [FL] Can I replace or store items in a furnished rental as a tenant

Question: I just signed a a year lease on a condo and most of the furnishings are very out of date. I received a item checklist which the owner appears to value all of the items at the original purchase price. I have my own furniture that I would like to use. The mattress has pee stains on it and the landlord told me to just use a bedcover. The dresser is an old wooden children's dresser and the TV is 12 years old which she still values at 400. She has a lot of fake plants and other items. I am going to be here for a year and would like to make the place more my own. Could I replace certain items with those of more value if I leave them at the end of my lease or could I store items like the sinking couch and return it at the end of my lease?

Answer:
 Have you asked your landlord? She may be happy to have you update the furnishings. Otherwise, yes, you can store her things and return them at the end of the lease.Answer #2: First, check your lease to see what it says about the items in the home (what you can/can't do with them).

If the lease is silent/vague you can likely temporarily remove the furnishings given that you put them back before you leave. You should not replace anything.


Title: My sister accidentally rear ended a car (under 5mph, no visible damage) at a light. She didn't give the driver any information other than her phone number, and today randomly get a text asking for $1,200. Does she legally have to pay?

Question:
This is in Ottawa, Ontario, if that makes a difference.

But, as the post title describes, a few weeks ago, my sister was driving and wasn't paying attention at a light, which lead to her accidentally bumping the car in front of her. They both got out of the car, decided there was no damage, didn't call the police or exchange insurance information, and drove off in separate directions. She did, however, give him her phone number.

Today, she get a text with a really sketchy itemization from some chop shop in town looking for $1,200 to fix and repaint his bumper. Again, at the time, she claims it looked like there was no visible damage. This guy has no other information besides her phone number (which she just got a few days before the accident so isn't attributed to her online at all, anywhere), so does she have any LEGAL obligation to pay for this?

I know there could be an argument made for a moral obligation, but she remains steadfast that there was no visible damage to the car, so all of the cosmetic charges on the itemized list seem ridiculous.

Answer:
 She is responsible for repairing the damages she caused.

So she can:

1.) Pay it.

2.) Negotiate a lower amount.

3.) Wait for them to sue and then defend herself in court.


Title: [IL] Landlord Hell

Question:
My girlfriend (23) moved to Evanston, IL last year for grad school. She lives in a house where she and two other students rent out a room each, while the landlord and her husband live in the basement of the home. It has been a sincere and utter hell for her living there.

The landlord and her husband argue constantly, loudly yelling at each other. At times she will not allow the tenants to use the kitchen (she texts them saying she is "using it all day"), and even when they can use it, she leaves mounds of dirty dishes and even food out in the kitchen, often accumulating fruit flies or other small insects. She charges tenants $15 a day for guests they have stay over, even in the same room or even family. None of this is written in the lease contract.

The reason I'm writing this today is because my girlfriend has been relentlessly searching for a subletter to take over the last two months of her lease. The process has been grueling because the landlord requires each potential subletter to speak with her first, and will give almost any ridiculous reason to not allow them to sublet. She has said no because of a potential subletter not having a good relationship with her mom, because she just broke up with her boyfriend, because she doesn't understand the job she has. It seems she can find any and all reasons to say no. She finally found someone who could sublease, the girl came to see the house and spoke with the landlord for OVER AN HOUR and even spoke with the potential subletter's parents on the phone for an extended period of time. My girlfriend and the girl both signed a sublease agreement, where the landlord is not named or mentioned. Yesterday, the girl moved in and is suddenly told that she is not allowed to have her boyfriend in her room upstairs (keep in mind this is a 25 year old girl moving in), that she needs to pay her if her boyfriend wants to stay in the guest room downstairs. This was news to my girlfriend, as we are dating and I was allowed to sleep over in her room (although she had to pay), and again, this is NOT WRITTEN ANYWHERE IN THE ORIGINAL LEASE CONTRACT. The lease contract also says that only rules written in the contract are enforceable. Well, the subletter has now spoken with the landlord and said the landlord approved her backing out of the sublease as she was "misinformed" (BY THE LANDLORD WHO APPARENTLY HAS ALWAYS HAD THIS UNENFORCEABLE RULE), despite the fact that the landlord is not mentioned in the sublease agreement. When my girlfriend attempted to rightfully argue with the landlord, the landlord began hanging up on her and ignoring her. At this point, I am beginning to suspect that the landlord is willfully misinforming potential subletters so she will break down my girlfriend's will enough to make her agree not to sublet the place at all.

I know this is a lot of text, but at this point I am becoming absolutely infuriated at the behavior of this woman. I mean, hopefully there is something my girlfriend can do to, if not hold her legally accountable for her behavior, at least make it so the landlord has to change the contract or not be allowed to be a landlord at all. I sincerely don't know if anything she has done here is illegal, or even able to be held to a legal standard. But if anyone could help me out in any way regarding how to handle this situation, not even only in a legal sense, it would be greatly appreciated. Thanks so much for taking the time to read this if you got this far.
Topic:
Landlord Tenant Housing

Answer:
 The lease she signed upon move in dictates the rules. If it doesn't explicitly say that the landlord can deny usage of the kitchen at will, she can't DENY it. She can be a bitch. They can use the kitchen anyway. They can't get evicted for using the kitchen.

Unless the lease says she can charge for guests, she can't unless they give her the money anyway. I'm not sure if that'd stand up in court though.

Sounds like a landlord from hell

Ianal


Title: Alcoholic addict husband cheated.

Question:
This is all very very fresh so I apologize if my words get jumbled.

My husband has always had problems with pills and alcohol. He has been in and out of rehab. Earlier this week I noticed that he has slowly been snaking money away from our bill pay account into his account. I added up the totals and it came to around 1600 in 7 weeks. I confronted him, and he eventually came clean saying he was spending it on pills. Seems like a lot.... but ok.

He has always been secretive with his phone. Texting unsaved numbers, deleting conversations, never leaving his phone, the works.

This morning he came home visibly drunk and dropped his phone. I was able to sneak it away, checked his call logs and texts, nothing out of the ordinary. I checked his Instagram messages and he had one message in his unopened folder because they weren't friends. It said to stop contacting his wife and that he better tell me what happened or he will find me and tell me.

I sent the guy a message and said I was his wife, and to let me know what my husband needs to tell me. I call him and he tells me his wife and my husband have slept together.

I confront him about this and he drunkenly denies it up and down. I try to leave with our two year old and he crawls under my car and tries to mess with my car, once I finally got us in safely he stabbed my tire. I called the police and had them meet me down the street. No charges were filed, but he did give me a police report number. My tire seemed fine so I head to my MILs house. My tire was completely flat by the time I got there.

I spoke to the girl he cheated with. She is very willing to help me. Even after speaking with the girl AND her husband, he is still denying it up and down.

What are my next steps? We are in Texas.

I want him out of the house. His mother owns the house we live in, and she wants him out too. I don't want anything from him. I just want my girls to be safe and I want to be back in our house.

He has a history of violence. He has hit me multiple times while drunk/high. The cops were called once because he head butted me in the face, breaking my nose, because I hid his gun and wouldn't give it back. Stupid me. I didn't press charges. I thought he would change.

I just need to know where to go from here. I feel so lost right now.

Answer:
 Know any divorce attorneys? Because Monday you're about to get familiar with the "lawyer" section of yellowpages. Call some of them, get some quotes and set up some office meetings.

What you're looking at is a divorce and a custody battle.

I'll defer to more experienced posters regarding leaving the shared home during this process. Since he seems to be the unpredictable/possibly abusive one, you should be able to retain possession of the home and apply for a TRO to keep him away from you.

Also, you should pull your money from any shared accounts right now.


Title: Electrical guy came and did unauthorized work inside our house. Now we're blowing breakers left and right.

Question:
Husband and I bought a house in MN that needed a sewer. The sewer guy is almost done. Yesterday I had to leave and run errands in another part of the state all day and was out of contact. Sewer guy *let his son into our house*, with no prior permission or admittance into our home, and his son wired up the septic system. (I know nothing about electrical issues and usually stay away from the big kinds of wires he used because it can kill me) We've now blown 7 breakers in 48 hours. In 5 months we've never blown a breaker despite doing massive amounts of work on the house. Sewer guy is now on me about how he gets paid. I don't want to release funds from our escrow account to this septic guy if his son fucked up our entire electrical system.

Can I get some advice on how to proceed?

Answer:
 A septic system requires very little electricity. All it will be is a small circulation pump to make sure that bacteria have sufficient oxygen to work, sort of like what you have with a fish tank. So it's unlikely that your panel is being overloaded.

The main issue is that unlicenced work was done and may have damaged the panel. You need to hire a licensed electrician to inspect and fix any damage. I would deduct that cost from whats owed to the septic guy, pay him the difference, and report him to the trade/regulatory body. He could try to sue you for the difference but he wouldn't be successful.


Title: Help! My stepmom signed me up as an independent contractor at Transamerica/WFG without my consent.

Question:
Hello all, I am stressing out hard right now and apologize in advance for my bad English/grammar. This is a repost from /r/personalfinance as I desperately need help.

I am from NYC, NY - My stepmom has recently been employed as a training associate at Transamerica Premier Life Insurance.

When she brought it up to me, I spent countless hours researching to try and understand the pyramid scheme/MLM tactics. Enough to have an education discussion to try and talk her out of it. However that is the least of my concerns right now..

She told me that signing up a few people to her team would raise her commission from 30% to 45%. Of course I was willing to help her out so I signed a very SIMPLE form with my basic information. She also keeps mentioning that I need to take a test (what is this?)

Today I received an email saying I was approved to become an independent contractor at WFG. I also received a bunch of signed documents that my stepmom signed under my name without my consent. This also includes a W9 with HER address as well. Not sure how this will affect my tax return...

When I called her angrily, she apologized and said that I would not be making any money so it would not affect my W2 forms. She only needed my name for the commission raise. I'm torn..

Does anyone have any similar experiences or recommendations on what I can do? I do want to help her reach her 45% commission - however do not want it affecting my tax returns/1099. I also feel uncomfortable that this company has my social security number. Is this something I should be concerned about?

Some background as you all probably think I am going head over heels to help this woman. My "father" got remarried to her when I was in middle school and she has been taking care of me until I moved out a few years ago. I truly have and do consider her a mother to me. A few years ago dick head dad left her to a different country.. As the oldest child (two other half siblings), deep inside of me I do feel a sense of responsibility to take care of her.
I want to help but at the end of the day I do not want shit to hit the fan under MY name and records.

Any advise or recommendations would be appreciated. Thank you!

-edit

Thank you all for the helpful insight and advice! I will not be taking any legal action as of now however will be closely monitoring the WFG portal for any changes. I've also opted in for an electronic copy of my 1099 form to ensure that it does not get sent to that address, IN CASE she makes any income under my name. If I find out that she did, I am completely done with her and will be taking legal action.

Answer:
 It's not a tax issue unless you have income.

You said you agreed to it, just make sure they aren't charging anythingAnswer #2: > Of course I was willing to help her out so I signed a very SIMPLE form with my basic information.

You need to review a copy of this form. "SIMPLE" doesn't matter; what it _says_ matters, and what you signed matters.

If, after reviewing that document, you can confirm that at no point did you agree, you have a couple of options. Unfortunately, they boil down to two mutually exclusive choices: protect yourself, or protect your mother.

If you choose to protect yourself, contact Transamerica and tell them your mother fraudulently submitted W2s in your name, and that at no point did you agree to sell for them. Contact the IRS as well, and tell them your mother filled out a W2 under your name and signed it as if she was you. Your mother could well face felony charges as a result, but the combination of IRS and police reports that you end up with will insulate you from the tax and contractual consequences of your mother's choices.

If you want to help her reach her commission, buy from her, rather than helping her engage in fraud.Answer #3: This is all very shady. You could ask your stepmom if she will cover any taxes you would owe. If you file in your own online with H&R Block or TurboTax, you could fill it out completely without the 1099, then see your refund/amount owed. Then go back and add in the 1099 before submitting and get your stepmom to pay the difference. Not sure you could do this with your state taxes though.


Title: My boyfriend left his cat with friends when he didn’t have stable housing. He moved in with me, but now they won’t give the cat back. What are our options?

Question:
About a year ago (before I knew him), my boyfriend (M36) had to move out of his place quickly. He wasn’t sure where he would go next and ended up renting a room from a friend whose place was not cat-friendly. He sadly left his beloved cat Garfield (M4) to live with another friend with the understanding that he would come back to get him when he had a better living situation.

Since that time, we met and really hit it off. He ended up moving in with me (F30) and my cat (M4) last November but we moved into a much nicer apartment at the beginning of May. We live on the north side of Chicago and are now in a great place to have Garfield back in our lives.

This is where the problem comes. His friend who was keeping the cat had a sister who lived there as well. In the past few months, the friend moved out of his place so the sister is now keeping the cat with her own. From all accounts, she seems to be mentally unstable. Any attempt my boyfriend has made to get the cat back from her has been met with silence or some excuse that he’s too attached to her cat now. His friend is extremely passive and seems to be of no use in communicating with his sister at all.

My boyfriend is worried of pushing her too far for fear that she will run or do something to Garfield just to spite him. Apparently this girl has/had a crush on my boyfriend and when he told her he didn’t feel the same way, she didn’t take it well. She’s also finishing up some methadone treatment.

This has put an extreme amount of stress and anxiety on my boyfriend and he has been more depressed than I’ve ever seen him. He has all of the adoption paperwork to prove that he owns this cat. What are our options?

Answer:
 >He sadly left his beloved cat Garfield (M4) to live with another friend with the understanding that he would come back to get him when he had a better living situation.

That's called a bailment.

> His friend who was keeping the cat had a sister who lived there as well. In the past few months, the friend moved out of his place so the sister is now keeping the cat with her own. From all accounts, she seems to be mentally unstable. Any attempt my boyfriend has made to get the cat back from her has been met with silence or some excuse that he’s too attached to her cat now

And that's called theft by conversion. It's your boyfriend's cat.

Illinois seems to allow small claims replevin claims, and yours sounds solid. You fit the three-part test for a replevin action (you can identify, move and retrieve your property), and a free half-hour with a lawyer should ably prepare you to sue her *pro se* for the return of your cat.


Title: (Jersey City, NJ) Landlord wants us to move out so his daughter can have apartment

Question:
My wife and I live in an apartment in a 4-unit building in Jersey City. We had a one year lease with the original owner when we first moved in, about three years ago, but before the lease was up the owner's step-son sued for ownership of the building and the property transferred to management company while in litigation. Our original lease expired while the case was in litigation, so we're now month-to-month, and have been for the past couple years.

The other day the new owner (the step-son) came by for an inspection, and told us that he wanted the apartment for his daughter when she started school in September. He said that since he's such a nice guy, he'll give us back our security deposit plus a month's rent if he doesn't have to go through the eviction process.

Do we have any options or protections here, or are we out of luck because of the month-to-month lease?

Answer:
 Just be careful. If you refuse to leave, the LL may not only raise the rent within what is allowed...but will look for any reason to evict you. Just make sure to pay your rent on time and follow all of the rules of the lease, even if those rules have been overlooked by previous LLs.

Since he'll need cause to give you the boot...he'll be looking for a cause wherever he can find it.

If you don't mind leaving or don't want to deal with this guy, negotiate a better payment for leaving. He said your deposit and a month's rent...why not ask for 6 months' rent...or a year? If he wants you gone, he might be willing to make it worth your while so he can charge a much higher rent. Answer #2: ~~You're out of luck. He does not have to keep renting to you. Honestly it's nice of him to make that offer. If you fight him on it you will eventually lose and no longer have a good reference for renting your next place.~~

edit: Apparently I'm wrong. I also hereby vow to never be a landlord in New Jersey.

edit2: Non-legal advice. It's still a reasonable offer and you're not going to want to have a landlord that doesn't want you there.


Title: [NYC] Bed bugs at work - boss "strongly urging" me to not work from home

Question:
I work in a large office building in Manhattan and our company takes up three floors. Last week two of my coworkers on my floor have found bedbugs in their offices. Our higher ups sent around a company-wide email on Friday saying the "bedbug concerns were being addressed" but no clarification if that means they are just having an inspector come in or if they're spraying or what even after being asked by myself and several coworkers.

My direct boss sometimes works remotely from her home in NJ (as she has been planning to this week) and I let her and my direct team know that I will be working from home this week as well. She gave me the ok.

I just received an email from my boss's boss saying I needed to work from the office this week. I emailed back and asked if we could speak on the phone (he called me back from his home office in CT). I just got off the phone with him and let him know my boss had given me approval to work from home this week, and I let him know due to the bedbugs found on our floor I did not want to risk bringing them into my house. I asked for clarification about what exactly is being done to address the infestation. He said office services was handling it but couldn't give me more details or timeline. I again stressed how uncomfortable I was with that answer and the possibility of bringing bedbugs home with me. He said "I strongly urge you to work from the office this week" as it would send a bad impression to my team and the management. And then repeated a variation of that phrase a few more times before ending the call.

I'm not trying to be an asshole. I don't want to get fired (if that's what's being implied). I just don't want bed bugs. :(

I can do 100% of my job remotely and have been. I brought my work-issued laptop home so all my work is tracked and logged, so proof exists that I've been working.

Do I have any legal protection here?

Answer:
 You can take precautions to avoid infestation even if some hitch a ride home with you. Immediate stripping and laundry, quarantine work bag, etc.

Good luck!
Answer #2: No. They don't have to let you work from home at all. They can simply offer to move you to another area that had no signs of bugs. You're assuming that it's some massive infestation and not a few possibly mid-identified bugs or some just brought in from clothes. Honestly, you're safer there now than you have been. Since now they're actively killing the buggers. You've already brought them into your house by this point.


Title: Won judgement and attempted sheriffs sale, but there is nothing of value, what next?

Question:
This is in Pennsylvania (PA, USA).

A while back, my (now) wife sued a former landlord for 2x the rent after the landlord failed to provide her security deposit or a valid itemized list of damages.  I say valid because while she did provide a "list", it was completely over the top and ridiculous because the landlord was citing something like, 700 nail holes needed patched and other crap.  Basically the magistrate ruled that whatever nail holes she did find were basically wear and tear and we could not be held responsible for those.  We did agree to pay for certain small things, but in the end, were awarded a sum of 900 and some odd dollars.  We did have a lawyer present, who was a friend of her mothers who owed her a favor.

Forward to now, where we finally were able to pay to have an Order of Execution, in which it was our understanding that there was going to be a sheriffs sale, and we could be able to add the fee to the total amount owed.  The constable served the landlord, but found "nothing of value", and reported that she offered to pay us on a monthly basis.  The magistrates office was going to refund a portion of the money and gave us an updated amount that we are now entitled to.

My wife called her former landlord to see what kind of installments she could handle, as now the total is almost $1200.  The landlord was apparently rude and short with her, and claimed that she now had cancer and could only pay $5 a month.  FIVE DOLLARS. A MONTH.

Needless to say we are not too happy.  What can we do next?  She is trying to get in touch with that same lawyer.  The constable has not returned her calls in almost 2 weeks, and the magistrates office has pretty much washed their hands of this.  I suppose we could just put a lien on her, but apparently the house that she lives in is owned by her husband and they are divorced, and she drives an old Saturn.

Ugh.

Edit: Just did a property search and found out that she actually owns it now and purchased it for $1.  Too bad we didn't just get a lien before this!!!
Topic:
Landlord Tenant Housing

Answer: The landlord has a stream of income from the property.  You should be able to attach that stream of income.


Title: Stuck by a needle at round table

Question: [deleted]

Answer: Nope,like others said, workers comp. what does she expect to get from suing a homeless person?


Title: UK - caught with one MDMA pill, taken off me but police let me go. Checked my ID, I'm still worried they may come arrest me, caution me. Am I over thinking this Situation?

Question: Title, one pill, put in police bag. They did say you won't face any action for this but is this true? If he let me just go home is there anything they can still do to me? Bouncer found it, called police they took it away, rang to check my ID if I had been in trouble before (I've not) but then said you are young person in education and let me go.

Answer: You're overthinking it, similar thing happened to me at your age and sometimes police can be quite friendly in that regard, you're young and made a mistake, they won't want to ruin your life over this.


Title: Ontario. Is this legal? Canada Post facilities now require all contractors and casual employees to surrender government IDs to private security

Question:
This new rule is being rolled out across the country this week at all Canada Post facilities. All contractors and part time employees without permanent access cards are now required to hand over their personal photo ID (driver's license, etc...) to private (non government) security guards who will keep them in their possession until you leave the facility. Isn't this illegal and an invasion of privacy? I've never heard of such a thing. Showing ID is one thing, but surrendering it to private security guards for 8 plus hours a day?

Does anyone have any advice on the legality of this in Canada?

Answer:
 IANAL. This is standard practice in many places, especially government buildings. My understanding is that the contractors/visitors are voluntarily surrendering their ID as a condition of entering the building and receiving a visitor's pass.

Similarly, some buildings require that people allow their bags to be searched, or that they pass through a metal detector, to enter. No one is forcing them to do this. They are free to not enter the building.


Title: [PA] My boss fired an employee for discussing their wage while at work. Is this allowed?

Question: [deleted]

Answer: Employee X needs to file a complaint with the National Labor Relations Board right away. The NLRB generally doesn't like preventing discussion on wages and firing employees for doing so. Employee X should find their local NLRB office for guidance or start the e-filing process online: https://apps.nlrb.gov/eservice/efileterm.aspx


Title: 23 weeks pregnant and have a job interview lined up in NH.

Question: [deleted]

Answer:
 Honestly, go to the interview and just be the best candidate you can be. You are right, unless one of them is so monumentally stupid to mention the pregnancy as a determent, you will not be able to prove anything.

Just out of curiosity, how large of a company is this? Pregnancy protections kick in at 5 employees, so I assume you are interviewing with a company with more people than that, but just in case you are not, be aware it is legal for a company with less than 5 employees to not hire you due to pregnancy.


Title: Can I, a transgender teen, refuse hormone treatment for the wrong gender?

Question:
I'm 17 (in a month) and I'm having blood work done soon. My parents want me to take testosterone treatment if I'm low in testosterone. I'm a transgender girl and do not want treatment for testosterone. Do i have the right to refuse it? I live in Ohio, USA.

Edit: just some things to clarify: my parents say they're supportive, they think I have low T and want me to take T. We're having blood work + general physical + looking at getting antidepressants (I have a form of depression that's genetic). I do not want to take T as this would make the problem worse and I'd masculinize faster. When we visit the doctor and if I have low T I'm going to push for estrogen or at best blockers.

Answer:
 Is a doctor managing your transition? What is their opinion on the therapy regimen?

I think that's the most important question because hormone therapy for unrelated issues needs to be viewed through the lens of what is right for your changing body, not just "male hormones = bad."Answer #2: Please talk to the Trans Law Center http://transgenderlawcenter.org/ for advice. There probably isn't anything to go to court with here but they're well-situated to at least tell you what the law is as it stands.


Title: (NYC) I pay to have my car in a monthly parking lot. Parking attendant got into accident, causing $3000 worth of damage. Parking management is dragging it's feet in responding. How to handle without threatening a lawsuit?

Question:
Long story short, I pay for a monthly parking lot with an attendant who parks my car. Over a week ago, their attendant caused about $2500 worth of damage to my car and now it's not safe to drive.

After submitting my incident report, photos, and estimates to the management company, they are not answering my calls, and are responding with one sentence responses to my emails, telling me they'll investigate it.

I spoke with my insurance, and they said I did not need to file a police report because I was not in the car when it happened and I'm not claiming injuries.

How can I force the parking manager to speed this up, without threatening legal action that will likely cost a lot of money, and just tie up my car even longer?

What are my options, short of having to file a lawsuit?

Topic:
Traffic and Parking

Answer:
 I'm not sure why you wouldnt just take them to small claims court? It really doesnt cost all that much.

According to their [website](https://www.nycourts.gov/courts/nyc/smallclaims/startingcase.shtml),
If your claim is for an amount over $1,000.00 and up to $5,000.00, there is a fee of $20.00. Answer #2: >How can I force the parking manager to speed this up, without threatening legal action that will likely cost a lot of money, and just tie up my car even longer?

You can't.  That's the problem.

>What are my options, short of having to file a lawsuit?

(listed in order of severity)

* File claim with your own carrier.

* [File small claims complaint.]

* File complaint with DCA.

* File complaint with NY AG office.

* File complaint with Yelp.

* File complaint with BBB.

* File complaint with Reddit.

* See a couple of guyz I know down from Bay Ridge who could maybe help youz outAnswer #3: Similar thing happened to us in New York. My sister's car got bashed in while parked in a parking garage in Manhattan and both the parking garage management and their insurance company dragged their feet with it. I contacted the insurance commissioner in NY and reported the parking garage's insurance company and the insurance company produced a check to pay for damages pretty quickly then.

This happened back in the late 1980's where I had to actually mail a physical letter. With online complaint forms, you should be able to file a complaint even easier now.


Title: Co-own a house in OR with my brother, but I want out.

Question:
Our mother passed away just over two years ago and left my brother and I two houses, both are paid off.  The houses are in a trust, and I am the main executor.  House 1 was her main residence, and House 2 was a rental .  The money from House 2 goes into a joint account that I have with my brother which we split.  A few months after my mother passed, my brother and his wife moved into House 1.  They were planning on moving to Africa to do a missionary thing soon so we never really established that they needed to pay rent (or half rent or whatever).  The original plan was that we would sell the house once they moved out.  Around the same time my wife and I bought a house in the area where we still live.  We bought a house that needs a lot of work, intending to use the money from the sale of House 1.

After a year or so it became apparent that the missionary trip was never going to happen.  My wife is getting frustrated because we have so much work that needs to be done on our house, but don't really have the funds.  I told my brother about 6 moths ago that by the end of 2014 they needed to either move out so we could sell House 1, or get a loan and buy us out for our half.  The beginning of this year, my brother offered to start paying us half of what we could get for rent. His estimate of what the house could rent for was much lower than my estimate.  And I don't really want rent anyway, I would prefer my half of the money from the house so we can start doing the projects we have planned.  He doesn't really want to sell House 2 because the rental income is very good for the value of the property.  I suggested I take House 2 and he takes House 1, but he doesn't want that either.

My question is: what are my legal rights in this situation?  I can't evict him if he is half owner of the house.  Is there some way I can sell my half of the house without his cooperation?

Answer:
 You are executor-read the will/trust.  I am sure you have the authority to liquidate assets.

Give him written notice the he has until whatever is retired by your law to either move out so the house can be sold or to start paying FMV rent-half of which you would get and half of which he would get.  Have a written contract and make sure you have the rent include 100% of the property taxes and insurance (bc if you weren't carrying the house you would not be incurring these charges.

For the love of God please speak to a trust and estates attorneyAnswer #2: >Is there some way I can sell my half of the house without his cooperation?

You will have to file a lawsuit for partition to force him to sell the property or buy you out.

Is the rent money from house 2 equal to rental value of house 1?  If so, an agreement to divert that to your sole account may be the best interim option.

>His estimate of what the house could rent for was much lower than my estimate.

It should be fairly easy to find comparable rental properties in the area on google.  Print them out and use that as a basis for discussion with your brother about the rent.

Edit:  I missed the part about the trust.  The trust documents will control your ability to sell the property.


Title: (TX) I inherited a house, now it's being foreclosed.

Question: Basically, what the title says, I inherited a house from my maternal Grandfather. The thing is,  it was also left to my brother, sister, and a step-uncle. The taxes are due, a few grand, but I'm in No position to pay (college student). I don't even live in the same county as the house. I'm worried about My credit-score and what this means when I'm ready to buy a house of My own.

Answer:
 Depending on how much equity is in the home, the executor could demand the property be sold. The delinquent property taxes would be paid. Any money owed by the Uncle would be deducted from his share of the inheritance if it’s liened against the property.

Also the property taxes could be paid for by the estate if it’s still open to resolve this issue. If it’s closed and the 4 of you are on title as owners then the 4 of you are responsible for making the payments. Answer #2: What about the three other people with ownership interest in the house? It would almost certainly be foolish to lose a house over a few thousand dollars in taxes. If at all possible, pay off the taxes and then sell the house for whatever you can get.Answer #3: Is someone living there currently? Usually its pretty typical for someone making use of the house to take up the tax burden.

Legally this is something all 4 of you (the owners) will have to agree on. If no one can afford the property tax, the house should be sold ASAP. Answer #4: Is the county foreclosing for failure to pay property taxes?  Or is there a mortgage that’s delinquent, that’s foreclosing?

What does the will say about what’s to happen to the property?  The easiest solution would be to sell the property and divide the proceeds among the 4 of you.


Title: [US - IN] Pharmacist refusing to fill prescription and sabotaging attempts to transfer to a different pharmacy.

Question: [deleted]

Answer: Driving 4 hours to see a doctor out of state for a prescription is pretty questionable. That's a big red flag.


Title: 10 year old offered vape, tackled and called racial names

Question:
While playing at the park with his friends my 10 year old son was approached by an older boy (14/15 I would guess).

My son and his friends were playing and the boys asked my son if he wanted to vape ( he said no) now my son had a rice crispy square and this older boy asked him to give it to him. My son said no and the boy tackled my son to the ground and hurled a racial slur.

I contacted police, they found the boy and talked to him for a minute. He denied everything even after having multiple eye witnesses. The police  Didn’t talk to my son to ask what happened, did not call the boys parents and let him go on his way at (almost 10 pm by this time)

The officer is saying that he can only do something if I formally press charges. I don’t want this kid to have a record but I would like his parents to know at least what their child is up to.

I don’t know what I’m asking here, maybe just venting but damn!

We are in Ontario Canada

Answer: I understand you don't want him to get a record but if you press charges you may be helping other people out. If the kid is tackling children and hurling racial slurs then who knows what he will graduate to doing as he gets older. By pressing charges and having him face real consequences you might just teach him a lesson and get him to stop continuing on the path he's on.Answer #2: NAL, but unfortunately I don't believe anything further can be done if you don't press charges. I'm sorry that happened to your son, that's terrible.


Title: How to handle neighbors who helped me with flooded basement, then built fence on property line without asking (x-posted from r/homeowners)

Question:
During  a storm power outage earlier this  year, my basement flooded with a  couple-few inches of water because I didn't have a backup generator for my sump pump. My neighbor offered and helped me use his portable generator to power my sump pump, thereby removing all the water from my basement and allowing it to dry out. It helped me greatly because power wasn't  restored for at least another 24  hours, and I'm allergic to mold. Thankfully no additional mold grew because of his help.

I  was having cash flow issues at the time, plus his wife had told me it wasn't necessary to pay them. Still, it seemed they expected it.

Since helping me with my flooded basement,  same neighbor built a fence around his backyard, with one side on our  shared property line, without telling me first. I don't mind the fence style and was home when he  built it. If I hadn't have been home, I would have returned home to that surprise. I feel resentment he didn't talk to me about it first.

Also since helping me, there has been at least one incident of him or someone in his family running across my backyard (footprints in the snow), and at least 2 incidents of him or someone in his family leaving pieces of trash/ litter in my  yard.

I feel their rude behavior since helping me, as described above, may be because I didn't pay them. I feel if I pay them something, it will 'clean the slate' and I will have grounds to ask them to stay off my property and keep their trash off my property. I haven't said anything to them about the fence or the rudeness because I enjoy living here and want to keep it peaceful, which it basically is. It also feels like maybe they think I should tolerate these things in order to 'return the favor.'

I'm planning to continue to build a fence off of his on the property line in order to give some privacy/ separation to my driveway area. I'm also fencing off the rest of my yard so no trespassing can occur (the trespassing and trash have happened while my yard is unfenced). I am considering not telling them about my fence plans, out of my continued resentment over his fence building.

Though I'm not taking any legal action, I'm considering installing cameras and confronting them with any future incidents caught on camera.

Basically, I'd like to keep the peace and wonder if giving them money now for their help with my basement might do the trick. Any advice you have about this overall situation would be much appreciated, so that it doesn't escalate.

Answer:
 I don’t tell my neighbors before I build a fence on my side of the property line.

I think you may be overreacting here. There probably isn’t a conspiracy against you by them.

Go over there and drop off an envelope of cash with a note or tell them you appreciate their help and forgot to pay them (or are in a better financial position now or whatever).

Heck, ask if they need any money for the shared fence as you were considering putting up a fence too. Explain that you think some kids in the area or whoever may have cut through your yard and left some trash so you are considering a fence too.


Title: Informal Rental Agreement Ending Due to Short Sale, Owner Still Wants Rent (CA)

Question:
My family moved in with a friend and her daughter as she was struggling financially. She and husband are separated but no plans to actually divorce as far as I know. She needed roommates so she didn’t lose the house, and we needed a place since ours was going to hell in a hand basket. We never signed anything, agreed upon a rent amount and here we are.

The last few weeks, what I assumed was a process server kept coming by and persistently knocking on the door. I never answered it, figured it wasn’t my business and if the wife was home when they came by again she would deal with it. Sometime in late Oct. someone left court paperwork shoved into the door that indicated the husband and wife has been sued and lost, and a lien on the house could be coming. It worried me a bit, but I left it face down on the counter for the wife to collect. Process server continued to come by and got no answer until last week when the wife left the country for a bit and husband stayed here to watch their daughter. One lucky morning, process server came by and the husband answered the door.

This week, wife comes back from her trip, she and the husband sit down with my husband and I to basically say they were advised to pursue a short sale of the house and were given until February to move out. ( Husband made a LOT of shit choices which led to bills burying them, the house situation etc). The kicker was they asked us to continue paying our monthly rent. I was mostly in shock during this conversation so didn’t ask any questions, but in hindsight am thinking if they are essentially losing the house, have they been paying the mortgage with my rent and do I still legally/morally have to continue paying my rent to her?

There have been many instances when a few days after I paid my rent the wife and daughter have spent their weekend shopping and generally living a comfy life. No struggle to be seen. Again, I don’t know her life so it’s not my business but after a few occasions of this behavior it looked shady. My family is not exactly financially stable so when we cut her a check and two days later her kid comes home showing off her new Chanel bracelets or AirPods it’s weird.

Basically, since I now have to find a place for my people in two months notice and they may or may not be still paying the mortgage do I still have to pay my rent to her? I’m not entirely convinced she’s been putting it towards her mortgage.

Answer: It doesn’t matter what she’s putting the money to. If you agreed to a rent amount you should still pay it for as long as you’re still living there.  If she hasn’t been paying the mortgage and is losing the house that’s her problem, focus on getting out of there and finding a new place.


Title: [US] 17 year old daughter went to dentist to get a cavity filled & came back 2 hours later with a root canal.

Question: [US][TN]My daughter was refered by her dentist to another dentist to see if a very small cavity needed to be filled and to consult about possibly getting veneers. She is 17. She went back and was gone for 2 hours. The receptionist blew off my requests for information about what was going on multiple times. When they brought her out she looked like hell. They had done an unauthorized root canal on her. I am pissed off. My daughter now has a giant silver molar that was put into place without asking. What do i do here?

Answer:
 What did they say when you questioned them?Answer #2: Something similar happened to me.  After starting to drill the cavity they realized it was larger than they first thought, and recommended a root canal.  I said no, they could keep drilling and fill it instead.  My mouth hurt for months afterwards, so her getting the root canal is probably a good thing.

Or are you saying you're 100% certain it was a very small cavity, and they performed an unnecessary root canal on her?  That would be totally different from my situation (or at least I hope so, but who knows maybe they drilled an un-necessarily large hole in my tooth too!)Answer #3: The giant silver molar is just a temporary cap.  Your daughter will need to go back to her dentist to get a mold made of the tooth.  A cap will be made in on off site lab in a composite color that matches the rest of her teeth.  The whole process will take a week or two.


Title: Well I'm fucked. Charged with stalking, which I didn't think I was doing, but according to the legal definition I have been doing!

Question:
Edit: got enough info. Thanks guys. Will just post major events:

Got a call about a warrant for my arrest

Turned myself in

Stayed overnight in jail

Went to a bond hearing

Got bond

Paid bond

Went home and started going around town looking for attorneys.
Found one I liked

Now I need to go for a psychological evaluation so the judge knows I'm not a threat to anyone

I just had a nice 3 hour nap! On the living room floor too (carpeted) even that was so much more comfortable than sleeping in a jail cell. Now I'm kind of freaking out. I don't want to end back up in jail.

Answer:
 You need to hire a criminal defense lawyer immediately. Don't talk to the police or anyone else about this in the meantime. Most importantly, stop contacting your ex. Pretend she no longer exists. Answer #2: if you plead guilty, you'll be sentenced. you prob won't go to jail. but you'll be a convicted criminal for the ROYL.

if you plead NG, you'll probably be offered a plea and you'll have the right to a trial.

you should hire a lawyer or ask for a PD at your next hearing.

and absolutely never contact or go anywhere near this woman again. but you know this. Answer #3: Did you make any statements to the police? You sound like a talker, and one who would talk his way right into additional crimes. Here you basically served yourself up for harrassment AND stalking.

You contradict yourself when you say:
>In fact, she told me she got a new job and I still haven't been >there regardless even though it's a really cool museum. I can kind >of prove this with my phone's location history. I went a couple of >times while we were dating and she was happy to see me all those >times.

Not legally, but to reach the point where the police actually arrest you, things have probably progressed a lot more than you're letting on here. Take it as a harsh wake up call, and also get help in dealing with relationship issues as well as legal issues.


Title: Stepson is in trouble [California]

Question: My stepson is in trouble and I need help understanding so I can help my husband understand. He got charged with murder but he didn't kill anyone. He was outside when it happened. He was only the driver. He didn't even know someone got killed until the police stopped them and took him to the station. Him and the person who was looking out both got charged with murder even though another person did it. I know he broke some laws but he didn't hurt anyone himself and is not a killer. Her family is also suing him even though he never even saw her. The police won't offer him a deal for his testimony. How is it possible for someone to be charged with murder when they weren't even there? He did break the law by not stopping for police right away yes but he's not a killer.

Answer:
 If he knowingly participated in a felony crime (even as a getaway driver) in which someone dies, it it felony murder.  Some states it has to be a violent crime (not sure about CA).Answer #2: I'm a cop in California.  Your step son can be guilty of felony murder if he participated in one of several felonies and someone died as a result. It sounds like they committed a robbery and your step son was the driver. He is properly charged with murder based on California law.

In fact, if one of his friends died as a result of the robbery, say from the actions of the victim, he can be charged with his friend's murder.  The DA probably doesn't want to give him a deal because he wants all of them to go to prison and has plenty of evidence already.Answer #3: It's hard to know why he's being charged with murder without knowing the details, but California has a felony-murder rule that applies to both first and second degree murder. It essentially creates murder liability for individuals or their accomplices who kill another person during the commission of a dangerous felony.

This is obviously a situation where he needs a competent criminal defense lawyer to build an adequate defense. Answer #4: He was a participant in a violent felony, and someone died as a result of that crime. He didn't have to know or intend for it to happen, he just had to participate in the underlying crime.

The legalese explaining why her family can sue depends on exactly what they are suing for.


Title: Drug Paraphernalia Illegal search and seizure?

Question: Earlier this week I was taking a power nap in my car before work while parked on the side of a street at residential neighborhood's dead end. 15 minutes into my nap, I get a know on my window; it is the police. She tells me that they have a had a littering problem here and asks to see my drivers license and insurance. She then looks through my window and sees my pipe. She comes back and asks if I had any drugs on me and I said no. She then tells me to get out of the car, grabs the empty pipe and then arrests me for drug paraphernalia possession? Was this a legal search and seizure or did she break the law to get the pipe? (I live in MN)

Answer: It was in plain view?Answer #2: Sounds like the pipe was visible from outside the car. This is what is known as "plain view". A search and seizure of an illegal substance under the "plain view" doctrine is not illegal and give the officer probable cause to search the whole car.Answer #3: sounds like it was in plain sight


Title: Received refund from insurance 13 months ago, now they want it back. I live in Iowa, insurance is national.

Question:
My previous insurance agent quit and someone took over his clients. It was time to renew my policy and the new guy was looking it over and said he noticed something incorrect on my file that was inflating my insurance cost. He looked back at my original application and said that I gave correct info but they put it in the system wrong, causing the mistake, and I was owed a refund.

He gave me a refund of about $2k.

Now more than a year later I have ANOTHER new agent on my case. They did my annual review and said the opposite - there was a mistake where I was paying too little and I probably owed them more money.  Apparently what my original insurance agent entered for that weird item was correct, and the second agent never should have changed it or refunded me.

They said they'll let the past 12 months of underpayment go, but I need to return the $2k refund they gave me more than a year ago.

Is this worth fighting?  I would understand if I got a check in the mail and blindly spent it not knowing what it was for, but I was very explicitly told it was owed to me and why, so I had reason to believe it was actually mine and I had the right to spend it.

I can afford to pay it, but would fight it if it sounds like this is their fault/their problem.   On the other hand if it sounds like I definitely owe them I'll just pay it to avoid the hassle/cost/etc. of court.

Edit:  I should mention I am getting married in a month and my husband and I will be consolidating insurance (I will go to HIS insurance) so I don't need to worry about this company not renewing my insurance in the future or anything, as I won't be with them anymore anyway.

Answer:
 > there was a mistake where I was paying too little and I probably owed them more money

Nope. The liability is over (time has passed). You owe them nothing. Mind you they may not want to do business with you further, but hell why would you want to work with such shoddy people.

> I need to return the $2k refund they gave me more than a year ago.

I am willing to bet the SOL on that has/will pass before they sue for anything. You are a nice person for not being angrier at the suggestion. I would contact their supervisor and demand satisfaction.


Title: My boss wants me to get rid of all of the Mexicans and Blacks from our Facebook page, California.

Question:
Hi All,

I work at a horrible little startup in San Francisco with a socialite boss. She keeps telling me our social media has the wrong audience even though they're highly targeting to be moms with high incomes. What's she's really trying to say is, I don't want anyone but rich white ladies on our Facebook page - no blacks or Mexicans. An outside contractor was brought in and agrees with her. I know this is racial and I think it's gross - especially since these folks make purchases on our website. How do I deal with this? Is it even legal to force your employee to whitewash a companies social media? I have a meeting at 1pm tomorrow about it and it's making me feel nauseous.

Answer:
 Did she specifically refer to taking action against blacks and Mexicans, or is it all in your head?Answer #2: >How do I deal with this?

You can make your feelings known, if you feel that's appropriate.  But eventually, you're going to have to do what you're told, or quit.

>Is it even legal to force your employee to whitewash a companies social media?

Yes.
Answer #3: >She keeps telling me our social media has the wrong audience even though they're highly targeting to be moms with high incomes.

This sentence doesn't make sense.

>Is it even legal to ... whitewash a companies social media?

Yes.

> I have a meeting at 1pm tomorrow about it and it's making me feel nauseous.

Be an adult and make your feelings known at the meeting. Have a level-headed discussion about it and don't get emotional or make any threats. If they disagree with you, then there's nothing else you can do about it. If it really makes you nauseous, then quit. Answer #4: How are you going to whitewash it? Like delete pictures of black people from you companies Facebook page? It's legal to market to a certain demographic. If you are uncomfortable doing it or feel it's wrong don't do it. Just be prepared to face the consequences like finding a new job.


Title: Stepfather has removed mother from accounts and then served her with divorce papers, she now has no way to get a lawyer, what do we do? (Houston, TX)

Question:
Posting on behalf of my mother, as I think she panicking a little bit.

My stepfather removed my mother from their bank accounts and *then* the next day, served her with divorce papers. There are two minor children (8 & 6) involved.

She has been a stay at home mom for the entirety of the oldest child’s life. She is currently looking for employment but will not be able to nail anything down until after the first of the year. She told me she has been legally enjoined from their banks accounts.

She has no funds to afford a lawyer, and my stepfather is not in any way trying to make this easy on my mom. My mom states “I don’t want a fly-by-night lawyer because I want custody of my children.”

She very worried that a reduced price lawyer won’t get her what she wants.

What is she supposed to do? She has less than 20 Days to answer the divorce paperwork.
Topic:
Custody Divorce and Family

Answer:
 Contact your local bar association.  Ask them for referrals to divorce attorneys who will do payment plans.  If she wants an attorney who is NOT willing to do a payment plan, she can borrow money for a retainer.  But this happens far more than it should in divorces.  Many excellent divorce attorneys are more than willing to work with a client about things like this, because it sets the table for your mom taking the lion's share in the divorce.  Courts are REALLY not amused by these sorts of antics.

In the short term, open a credit card if possible to cover bills.

One of the first things her attorney will do is file for temporary spousal and child support for her while the divorce is being litigated.  They will also likely make sure the court is aware of what has transpired.  The court will NOT be pleased to find this out.  Answer #2: Look up your local bar association (or state bar association) and see if they have an attorney referral program. Answer #3: This is going to be delicious. Sorry for your mom. Keep us posted.


Title: can I break my apartment lease contract because I feel unsafe?

Question:
I have had my broken into twice at my apartment complex garage. It is an underground parking structure that has no cameras and no cell reception. I feel very scared parking there and living in the building now (the apartment hallways have no security cameras as well). A lot of non residents loiter the place even though it is a "secured" building. I unfortunately have no paper trail (emails or police report) of all of the break ins... since I tried dealing with it in person... the management has a total lack of concern for my safety and come off annoyed at my presence.

My garage remote and parking permit for my apartment was stolen from my car and it took resident services about 2 weeks to see if they were allowed to give me a new one without paying fees since everyone was afraid of asking the higher ups for permission. The manager and who I think is possibly the assistant manager always seem angry and no one wants to approach them.

Also, some months back the building had this huge paint project. They installed scaffolding outside my balcony where people can easily climb and get onto my balcony. My balcony has a storage closet that has a lock but the management never gave me keys for it. I was afraid someone could climb and steal things from my storage closet so I asked for a key. they pretty much laughed at my concern and made me feel stupid for asking.  I was finally given the key but there is a huge overall issue with safety.

I feel very unsafe and my anxiety is getting pretty bad to the point where I cry all the time from fear. I want to break my lease and move but I know they will demand that I pay the lease break fee which is about 8k. Do I have any right to break my lease contract without paying any penalties?

I'm not sure if this is of any importance but there is a facebook page for the apartment complex where residents posts all their problems. There are posts of several thefts in this building and I spoke to other residents where even their motorcycle was stolen from the garage. I feel that there is negligence on management's part if they are doing nothing about preventing all these thefts like installing security cameras.

Thank you for your time

Answer:
 >Do I have any right to break my lease contract without paying any penalties?

Nope.

To put it bluntly, your landlord is not responsible for your safety; you are.


Title: [CA] Got caught for shoplifting and Macy's pressed charges, what will the court hearing go like and how can I get this off my record when I am 18?

Question: Hello, I am a 15 year old minor living in the state of California. I was recently caught for shoplifting with my friends and we all got charges pressed on us from Macys. They bunched up our items together but it was luckily lower than 1000$ which I believe is when it is considered a felony. I have to schedule a court hearing and I was just wondering what will they ask and what should I say? Im not sure what the options are now but I just want to get this off my record once I am 18 if that is possible (or its just a rumor not sure). Thanks for any help!

Answer: You need a lawyer.  Talk to your lawyer and listen to them.


Title: My girlfriend sister just got a text from her coworker (Austin TX)

Question: [deleted]

Answer:
 That first run on sentence is an epic 101 words long.

Anyway. If this guy has been disciplined and transferred, he's hopefully learned his lesson. If not, have your GF document absolutely everything that makes her uncomfortable, and take it to HR. Answer #2: I would go back to HR and ask for an explanation as to why the solution to her perceived harassment was to move the alleged offender closer to her.


Title: I was sexually assaulted, told nothing could be done. How do I go about pursuing more action be taken?

Question:
I wrote a post about this yesterday, but it was removed for being too long, so I’m going to try to make it concise. Let me know if you need any more information.

In March I was assaulted by someone I thought was my friend. I filed a police report, they took my clothes and a DNA swab of my cheek. I also went to the ER and had a genital swab done. I was told that they obtained a search warrant for his phone (he took a picture). A bit afterwards I was told that when the case was presented to a judge, he did not feel that any further action was warranted because since I did not say “no” it was not technically non-consensual.

I would like for more action to be taken, an arrest, or at very least compensation for the ER visit in which I was swabbed. I also never got the test results, or my clothes back. Please let me know what I should do.

Thank you.

Answer:
 Sorry this happened to you. There are victim funds out there that can help pay for the rape kits.

Unfortunately you can’t force criminal charges/ convictions. If you can give the da more evidence it was rape maybe they can proceed with charges but as of now they don’t think they can prove it.Answer #2: Someone please correct me if I am wrong, but I thought another thread determined that victims of assault weren't supposed to be billed for rape kits. Maybe it's state specific? Regardless, LAOP, please do seek out a local victims fund - I'm sure they'll be able to help. Whether it's technically allowed or not, billing a victim for a rape kits is generally very frowned upon. It serves as just one more reason why women don't go or report.

I'm so sorry this happened to you. I do hope you're able to receive some sort of justice.Answer #3: > because since I did not say “no”

If you were asleep(like you said in a comment, you should bring that up because that counts as incapacitation in terms of giving consent.


Title: NY: Contractor went over budget and estimated finish date. Do we pay him his fee?

Question:
Hey Reddit, I need some advice regarding paying a contractor who oversaw the renovation of a house. Backstory: My wife and I bought an old house 18 months ago and hired a contractor who estimated that it would cost 240,000 to renovate the house. In retrospect, I don’t think he thought that number through at all and was just parroting the architect and another contractor with whom we had been in touch. During the renovation said contractor never sent bills, budgets or anything that would intimate that he was managing the budget. He would ask us for money, promise that the work was almost done and we would stupidly send it because we were very nervous about stalling the project. He had told us that the house would be done in December. In December, he told us it would be done in January. In January, he told us that it would be done in February and so on, and so on. We always thought we were close to moving in and so we rented short-term through Air BnB and it was very expensive. Anyway, cut to May and the house still isn’t finished but we’re at our wits end and move in anyway.

Here’s my question: the contractor went $175,000 over the estimate, putting us in significant debt, never fully finished the house and the project has gone more than six months after he said it would be done. The work he did is good, he charged very reasonable rates for labor and the house is mostly finished but it still needs about 10k of work (some painting, some broken windows, sanding/staining the floors, etc.). We agreed verbally at the beginning to pay him time and materials plus a 10% fee. In retrospect it was clear that he never laid out budgets or paid attention to managing costs. We told him repeatedly exactly what our financial situation was and that we were running out of money for month on end. Each time we did so, he would tell us not to worry and that it would get done. As of now, we have paid everything except his fee and, I’m wondering if we should pay his fee.

Answer: If he did the work, then yes you owe him! How could you commit to a $240,000 expense without signing a contract or a pay schedule? If you want to dispute the charges, ask him for change order forms detailing the additional work / increased material expenses.


Title: My friend’s [19M] parents won’t tell him his social security number so he can’t get a job. What can he do?

Question:
My friend and I are both college sophomores. His parents have always been very controlling. They don’t want him to have financial freedom and earn money for himself so they won’t tell him his social security number.

(I asked how we was able to apply to college, and he said they filled out that portion for him. He knows the last four digits but not the first five, cause they’re censored by all the websites he looks at.)

**tell me if my flair is wrong so I can fix!**
Topic:
CPS and Dependency Law

Answer: He can go to the local Social Security Administration office and ask for a replacement card.


Title: Family member in Florida with multiple felony charges and chose to plead not guilty. How should we/he proceed?

Question:
Not sure if this is the best sub for this, but I have a family member in Florida who has the following charges being brought against him:

* Aggravated battery with a deadly weapon (firearm)
* Aggravated assault with a deadly weapon (firearm)
* Armed False Imprisonment
* Battery Domestic Violence

The charges are most likely 100% true, and though he's a first time offender, he's obviously facing serious prison time. We thought he would be pleading guilty, but he chose to plead not guilty. We can't afford a lawyer for him, and the public defenders are much less than readily available to help make decisions and offer advice. We feel like it would be in his best interest to plead guilty and hopefully have concurrent sentences, rather than go to trial and potentially have consecutive sentences.

Though we think he's suffering from mental illness (more than likely undiagnosed bipolar disorder) and PTSD from a prior life experience, there's nothing to suggest that he's not going to prison. I think he has it in his mind that some how he'll get a lesser sentence with good behavior and the fact that it's his first offense.

I'll be talking to him and try to convince him to face reality and change his plea to guilty, but I'm Just wondering if anyone has an insight into this sort of thing. We've never had an history of dealing with something of this magnitude, so our family is at a bit of a loss. Would it be in his best interest to change his plea and just accept that he's going to be doing some serious prison time? I have to assume that it would, as it would indicate that he's showing acceptance of his wrongdoing.

Is there any other info that would be helpful to know?

Any other advice would be much appreciated.

Answer:
 If you want to help, hire him a lawyer. Otherwise, let him discuss his case with his public defender while you stay out of it. Answer #2: The best advice is to let him and the public defender work it out.

If he is more than likely going to prison, look into getting his affairs outside of prison taken care of.