Title: Hey guys, so I have been screwed out of $16,000 and I am wondering if there is anything I can do about it.

Question:
I was recently a victim of check scam where the bank took a check I deposited, told me it was legit on December 2nd and given me the money in 24 hours to begin production. Now on January 24th the check bounced and I am on the hook for $4,650

The whole thing began with me getting a job and wanting me to line produce a documentary and I was given a budget to do so. The budget came in the form of a check and so I deposited the check and it checked out. I used the money and they told me they needed a little more and they would pay using a bank account that would transfer money to my credit card... foolishly I accepted and the money appeared on my credit card and my bank account.

Fast forward a few weeks and the money begin to bounce one by one until I am owed $16,000 and I didn't know that there was such a loophole before hand. I lost everything as I was starting off as a filmmaker and was just beginning to pick up clients and after a conversation with Wellsfargo and Discover,  my unwilling accomplices, they do not admit any wrong doing.

If the check came back fraudulent, or bounced earlier on the spot, I would have been saved from this scam. Do I have any legal grounds to request reparation? I reported the scam to the FBI but my livelihood was too insignificant of an amount for them to care so I don't think these guys will pursue the scammers which stopped responding to all emails and phone calls. Now I am sitting here with a useless contract and $16,000 in debt and figuring out the best way to kill myself. I won't...  but the rest few days of learning about this and talking to the banks really had me thinking...

Edit.

After discussing with a friend, I think I should have included all the information instead of just what I thought was important. So the scammers also gave me a routing number and bank account to a Townes bank account to connect to my Discover account to pay for the cash advances that I had to do. Each time I transferred money I paid for the transfer with the Townes bank and the balance went through which is how I accumulated another $4,000 for the scammer. The Townes bank eventually defaulted as well just like the Wellsfargo account.

I then used my credit card from Wellsfargo to do the same thing which I used cash advance and pay a Bank of America account, a total of around $11,000

I also used venmo for one of the transaction and when this whole thing went down I contacted them and they pretty much told me that they can flag the account but I won't be getting that money back.

In summary, I paid $11,000 to Bank of America account, $4,500 to venmo plus fees for around $16,000. And I was paid $4650 to Wellsfargo, and $4,442 to discover and expected another check for the rest that never came.

Answer:
 So wait. They give you checks, you send the money off somewhere, and they list you in the credits as a producer or something? Was that the deal?

Look, that movie doesn't exist, and unless you can track them down, there's likely no way you'll ever get your money back. Every bit of information they gave you was probably fake and spoofed, down to addresses, phone numbers, names, even the country they claimed they we are in.

Your bank wouldn't have known it was fraudulent until it came back as such from the issuing bank. Banks credit your account as a courtesy when you deposit a check, but they didn't get the money from the issuing bank, so they had to take it back.

Discover had no way of knowing you were the victim of a scam either. Even if they'd questioned your purchases they'd likely have only confirmed it was you making them, they wouldn't have grilled you about why.

You can likely work out a payment plan. It sucks, but just.. do research on who you're working with. If you're going to be working in the film industry it wouldn't hurt to familiarize yourself with other scams and definitely have contracts and such reviewed by an attorney before you accept them to make sure you're not being taken advantage of like this.


Title: Warranty service broke my headphones and is trying to cancel my plan

Question:
I sent in my headphones to be repaired by a third-party warranty service, from which I bought a 3-year plan a while back. In the process of fixing them, they broke the headphones in a completely different way—so I sent them back in to be repaired again, and the warranty service is now telling me they cannot fix the issue because that type of damage—which they caused—is not covered on my plan and that they will not replace the headphones.

The warranty I bought says they will replace the set if they are unable to repair it.

They offered to reimburse me the $10ish dollars I paid for the warranty, but that leaves me with broken / unusable $350 headphones. As a broke student, what can I do?

I’m in New York.

Answer: You can take the. To small claims court for the price of a new set of headphones


Title: Grandpa died without a will, brother took all of his assets

Question:
[deleted]
Topic:
Wills Trusts and Estates

Answer: Best to speak to a lawyer about this.Answer #2: A safe big enough to hold "Hundreds of rifles..." is called a "vault". You need to speak to an estate attorney ASAP. Your uncle is a thief and has stolen property that was not his to take.


Title: I am evicting a stealing roommate soon, how do I go about making sure he doesn't take whats mine whilst moving out?

Question: So I've had a roommate who, over the past few weeks, I've come to realize has been stealing from me (I do have proof).  A lot of things like towels and tables that I have bought or we split when we move in are going to most likely be fought after, so I was wondering how to deal with it (I know nothing about U.S. law, i'm just a clueless civilian).  The roommate has no lease, so I can remove him whenever I choose.

Answer:
 Slow down.

Who owns the the place there you live?

Where are you?

You can't just throw someone out.

There is a process to "evict" someone and you can't just say "GTFO" because you think someone you share a house (and apparently a washer and dryer) stole your towels.

I don't know how they are stealing tables. I would think that would be really hard to do.

You're a clueless civilian? What does that mean?

>The roommate has no lease, so I can remove him whenever I choose.

No you can't


Title: I was scammed out of $400 over a year ago, and I was told by my parents that there was nothing they could do. I am now 18 and I’m wondering if I can possibly get my money back because there has to be some way to nail this guy.

Question: So the story is, I was on an app called Grailed 2 years ago, its an app where you buy and sell clothing. I was trying to buy a pair of Yeezys for what I believe was either $450 or $400. Grailed has a system where if you buy through the app the intended way, you can get your money back if you have any problems with your purchase using Paypal. The seller convinced my young stupid self to pay for the shoes using the “Friends and Family” option instead of the business option, which made Grailed unable to assist the situation, since the purchase violated their policy. He claimed he was going to send me the shoes, but made up some bullshit story saying he got in a car crash on the way to the post office. Ever since then, he never responded. I’m wondering if I can get my money back now, even though it has been over a year since the situation, and how I would go about trying to get my money back. I have the sellers phone number, he (at the time of the incident) lives in Chicago, and I live in New York. Any advice would help. Thank you!

Answer:
 You can ask the app, sure.

But the answer is probably not since you chose not to use the protected way to pay via paypal.


Title: What would this guys legal rights be against the stadium?

Question:
Jeff is an avid UNC-Chapel Hill basketball fan, and drives to the Greensboro Coliseum to watch his beloved Tarheels play in the Atlantic Coast Conference (ACC) basketball tournament. When Jeff arrives at the Greensboro Coliseum parking lot, he pays $20 to the lot attendant for parking, takes a ticket (on the ticket is the language "WARNING: Not responsible for damage to personal property while on Greensboro Coliseum premises"), parks his car, puts his keys in his pocket, and enters the Coliseum. Jeff is overjoyed as he watches the Tarheels beat the Duke Blue Devils by 30 points. As he returns to his vehicle, he is shocked to see his windshield bashed in, and surmises that the perpetrator must have been a Blue Devil fan (after all, Jeff's car is painted Carolina Blue, and there is a large, heavy Blue Devil statue protruding from his windshield!). Jeff also surmises that the Blue Devil fan is probably long gone by now (the Tar Heels were leading by 25 points at halftime!) and already well within the protective confines of the stone wall surrounding Duke University.

Any advice for Jeff of his legal rights against the Greensboro Coliseum for damage to his vehicle?

Answer:
 Trick question for several reasons:

The largest margin of victory UNC has had over Duke at the Greensboro Coliseum is 15.
The stone wall only encloses the east campus of Duke, where the undergrads live.
 No undergrad living on east campus has a car.

My guess is that the perpetrator is actually a vengeful Greensboro-dwelling NC State fan who, tired of his own team's rivalry with Carolina being overshadowed, stole the statue and damaged Jeff's car with it.
Answer #2: He’d have a great claim against the vandal, precious little against the parking lot operator in most jurisdictions.


Title: [CT] Little Brother Refused Breathalyzer and Urine Test for DUI

Question:
Hello all. Sorry to come to you all with an embarrassing situation. My brother was arrested for a DUI last night (he is 26) and refused the breathalyzer/urine test. He was then arrested for a DUI and I was able to pick him up from custody this morning.

I've been looking for a lawyer online and through the CT Bar Assocation and am overwhelmed. He had four beers, was most likely under the legal limited anyways, but the consequences for refusing any of the tests even for first timers are pretty terrifying.

Is there anyway to contest the DUI while avoiding the per se automatic license suspension for refusal of the breathalyzer and urine test? He works one full time and two part time jobs, I understand that this is his fault but he would be absolutely financially crippled and unable to take care of his household too.

And yes, even driving after one drink is inexcusable and we are lucky no one was hurt. He's already heard the worst from me first thing this morning, and will hear the same for a very long time.

Answer:
 He can hire an attorney to mitigate the damages but no. THe refusal is an automatic suspention by the DMV. He can talk to an attorney about maybe getting a restricted license to go to work but that is going to be a hard sellAnswer #2: I have to tell you that he did not drink "four beers."

Automatic suspension means just that. You can request a hearing, and work with a qualified attorney, to see if you can get somewhere, but odds are poor.


Title: Question about Airlines 24 Hour Cancellation Policy

Question:
Hello all! I was recently looking at booking a flight through justfly.com. I noticed, however, that they offer a 4 hour cancellation window, after which, you cannot cancel, or, for $20, you can purchase at 24 hour cancellation period.

This seems illegal, considering "Under the DOT’s regulations, as long as a customer books a non-refundable ticket at least seven days ahead of the scheduled departure, an airline is required to offer one of two options: allow that customer to change or cancel the trip within 24 hours without penalty, or hold that reservation at the current price for 24 hours without payment" (From The Consumerist, but I've seen this elsewhere).

Now, is what Justfly.com is doing illegal? It doesn't fit under either the 24 hour hold or cancellation and they are charging for what seems like a policy they must adhere to. Can I report them? And if so, to where? I'd hate to think they are preying on people unaware of regulations.

Location: United States

Answer:
 > Under the DOT’s regulations, ... an airline is required to offer one of two options

Justfly.com is not an airline.


Title: Unlabeled THC Costs Truck Driver His Job

Question:
Hello all,

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My father (a truck driver) picked up some full spectrum hemp extract CBD oil to see if it would help his back pain.  He found these pills in a grocery and purchased them over the counter. After a couple weeks of taking the pills, he ends up switching companies and ultimately fails his drug test despite the fact that there is no THC labeled on the container.

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He is in jeopardy of losing his Commercial Driver's License and must attend a drug therapy program. All of this is keeping him from being able to work and is costing our family money. He has spent most of his life driving trucks so he does not have many skills to fall back on.

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Are there any legal remedies we may seek in order to be compensated for lost wages due to improper labeling of the CBD container? Any other additional perspectives would be appreciated as well.

&#x200B;

Some additional facts:

* We live in Missouri but he drives nation-wide
* No mention or warning of THC on the container
* There were no other possibilities that would result in him having THC in his body

&#x200B;

Thank you for your time.

Answer: CBD does not generally show up on a test for marijuana use. For your dad to get any traction with the argument that the CBD pills caused his hot drop, he'll need to get the product tested to show that there was THC in it.Answer #2: There are several news stories regarding this exact issue recently.   Happening a lot.


Title: An individual hacked and deleted my email, cloud accounts, facebook, terminated my phone service.

Question:
Im filing a lawsuit, i dont understand what case tracking im supposed to pick on the civil cover sheet. Fraud?negligence?  They deleted virtually every vid and pic of my children that ever existed aswell as evidence being used in custody case. Any info would be appreciated.
Topic:
Computer and Internet

Answer:
 Who are you suing? If the individual,  contact the police.

Also, this is a good reminder to everyone to backup important documents and photos on local media such as hard drives, thumb drives, hard copies, etc, and store them in a secure place such as a personal safe.


Title: (NY) Questions about marrying a non-US citizen

Question:
I recently got engaged to my fiancée and we're very excited about planning the wedding and spending the rest of our lives together. The only issue is that she's from Brazil and has just been living in NY for the past two years. She's currently here on a visa and she tried to get it renewed but they didn't renew it. She'll legally have to leave the US in October. She applied for her extension from my address as we are living together.

We plan on having a big, beautiful wedding next summer in a Greek church. She's even going to convert so we can marry in it. If it was before her visa expired, we'd have lots of evidence that this is a legitimate wedding. We don't have the time or the money to do the wedding we want to before she would have to leave.

I don't want her to have to leave the country in October and I'll need to stay here and work or quit my job and follow her if she does. Should we get a courthouse wedding before October to keep her here? Can we then get married in the church? My family is very religious and that was literally my dad's one request. Furthermore, what would we need to do to ensure that the process goes smoothly? We're both very much in love and really just don't want to get into any trouble. Any advice would be appreciated.

Answer:
 Ok, here's the deal as I understand it:

(1) Nothing prevents you from holding a church wedding after having a courthouse ceremony.

(2) It's not technically illegal to marry while on a non-fiance visa, but it can cause immigration services to look a lot more closely at her file and scrutinize you for evidence of a sham marriage.  It doesn't sound like you have one, but be prepared to have to prove your relationship sufficiently.

(3) If your fiance does have to leave, she can apply for a fiance visa to be readmitted for a wedding.  This may still lead to doing a separate courthouse wedding, as you only get 90 days to marry.

If you can afford it, consult with an immigration attorney.  It's probably cheaper than dealing with the immigration department.


Title: Unwed mother, no paternity established, can I move out of state? I’m currently in Arizona.

Question: I’m in Arizona, I know who the father of my child is but he doesn’t know of such child. Can I move out of state with the child without telling him? I plan on establishing paternity for child support but do not want him to interfere with my move. Is this something I can do?

Answer: So you want his money but you want to deny him and your child a relationship with each other.  You might want to think about what’s best for the child.  Estrangement from dad does not sound like it.   Answer #2: Yes. But you will have to wait 6 months to file for paternity. And he gets rights to visitation and custody. So the child will have to travel out of state for visitation at some point


Title: can public schools expell you for a failed suicide attempt on campus? (california)

Question: so i attempted to OD in my public school. luckily i survived but they had to call an ambulance and file a police report. this was all after i had reached out to my counselor for help AND i already had a 504 plan to help me for my metal illness. can i get expelled for this? are they in legal trouble for ignoring my 504 plan?

Answer:
 IANAL. You can be potentially be perceived as a dangerous influence or subjecting other students to a traumatic event. Ultimately, school officials need to consider the safety and welfare of their students, including those who are not you. I’m sorry you’re having a hard time. Please seek support.Answer #2: Op, I think right now what you should focus on is getting better, then worry about the school.

This is something they can do, for general welfare or concerns for your personal safety, its not the best idea to let you go to a place you attempted to take your life.

Focus on treating your mental wellbeing, then worry about education, your life is far more important than the legality of a schools choice.

Best of luck OP, never be afraid to reach out to the [national suicide prevention live chat](http://suicidepreventionlifeline.org/GetHelp/LifelineChat.aspx) 24/7, they can help you find a professional to help, a facility that can take you in, or even just someone to listen and talk to, about anything youd like.


Title: Dog pushes kid. Should I be worried? Washington State.

Question:
This is more to put my wife's mind at ease since she is anxious about possible implications.

Our dog escaped our apartment complex and was running around the park in the complex. Some kids were nearby and my dog is very social. One of the kids apparently had been attacked by a dog when she was younger so she started running away. My dog caught the kid's shoe and the kid fell on the ground and started crying. No scrapes or bruises as far as I am aware, as she fell in the grass. I caught my dog and my wife brought the kid to her parents (who were obviously upset but did not yell at us).

My question is do the parents have a case against us? Anything else I should do at the moment?

She is an emotional support animal. If that is important.

Answer:
 My dog caught the kid shoe.

That gives me pause frankly.

And your dog wasn’t  under control. Look I love dogs (and tolerate children) and it’s quite possible that the parents will take a oh well approach to this ( as I probably would have) but if they don’t, then yes you are responsible for allowing your dog to do this.

And no it’s not important that it’s an emotional support animal.

Make sure your dog is licensed and you have their vaccination records to hand.


Title: (OH) A kid in my class had his laptop in his bag for five hours without pulling it out. He grabbed my bag that wasn't in his way for no reason, I moved his and he immediately claimed I broke his screen. What can I do if he presses charges?

Question:
Okay, so here are the facts of the case. This kid is definitely on the spectrum, even if he isn't diagnosed. I don't say that to be mean, I say that because he is the kid who will randomly hit people, break their shit and get pissed when you call him by the wrong name. Not even an offensive one. And for whatever reason, he still sits next to me. I can't figure out why.

Regardless, in school, when he usually has his surface out (no idea what gen but I think it's a 3) in class, today he did not. He kept it in his bag. This is a bag that he commonly throws against the floor, tables, walls, and really anything else, and everyone who knows him can attest to this. And he kept his surface in his bag for the entire day.

Today, in lunch, when he normally gets his surface out, he left it in his bag and insisted my bag was "in his way." I responded by moving my bag two seats away from him. He got up and pushed the bag off the table, when his gripe was "he couldn't put his food down" and his food was on the table, with my bag not impeding this.

I won't deny I was being an ass, however I really feel like it was warranted given the details I've given about him, but believe me I have more reason to be aggravated with this kid. Just not enough to break his computer. I got up and pushed his bag off the table too. Same force as he put on mine. After that, he ended up getting pissed, and I told him to stop touching my stuff (it is often a daily occurrence for him to throw my bag onto the floor if he believes it is 'in his way.' I have addressed this with staff who have done nothing. On top of that, he frequently gets way too physical and has left marks from digging his nails into my arm. I didn't address them with the teacher immediately because I really didn't feel like putting up with staff that day). After that, I left the lunchroom.

About ten minutes after me leaving the lunchroom, the kid runs out, and with absolutely no witnesses to me damaging his device claims I *intentionally* broke his tablet, and I was going to pay for it. Word for word, I told him "I wasn't paying for shit and we all knew he probably broke it when nobody was looking." I stand by that.

Long story short, after that, the office spoke to everyone. No witnesses vouched for the student, and the office said there was not significant evidence to even imply reasonably that I broke his screen and he was told to press charges. What can I do if he does?

He has only the video of me shoving his bag after he shoved mine and the one witness he could have had is now appalled that he acted this way and will not consider vouching for him. On top of that, multiple people witnessed that he did not remove his surface from his bag. I truly do believe that this was all him trying to aggressively get back at me since there are issues between us, and I believe he walked into school with the device broken. Should I even worry about charges being pressed if he can't bring any witnesses for him or definite proof I broke it? If he presses charges and fails, can I push back, as he has made quite a scene and told everyone I broke something with no proof.

**TL;DR,** a mental kid in my class pushed my bag off the table. He does this on a daily basis and it was out of his way. I retaliated, and magically, after five hours of not being out, he pulled out a cracked surface screen when I walked away. No witnesses can side with him on these events. Am I screwed in any significant way, and can I press charges for him running around accusing me of a crime with no evidence?

I would also like to note that we go to a career center and he has demonstrated that he has the skills to repair this himself. This would be a repair that would cost well under $100 and I could prove that if need be.

(Honestly speaking, had he not run up to me and cursed me out with a surface screen, I would have offered to cover a portion of it, but here we are. I'm convinced he did this to frame me to make me look bad.)

Please ask for more details if you need them

Answer: Ok. Refuse to pay and see if he sues you.


Title: [Illinois:USA] Adopting biological daughter from stepfather who fraudulently signed Voluntary Acknowledgment of Paternity.

Question:
My question involves adoption law for the State of: Illinois

My daughter’s mother and stepfather without my knowledge fraudulently signed a Voluntary Acknowledgment of Paternity. Although the evidence is clear and convincing of fraud, a trial for these types of proceedings are extraordinarily expensive. They are willing to work with me in regards to adoption. Basically I would adopt my daughter from him.

My question is, assuming all parties are willing to consent and there is no underlying neglect issues or inability to care for the child, is the Final and Irrevocable Consent To Adoption the only thing that is necessary for my child to be adopted to me? I've heard that they both would have to adopt her to me for something like this to work, but that doesn't seem logical.

Thank you for any help or guidance that can be provided.
Topic:
Custody Divorce and Family

Answer:
 Unless you are married to the mother of the child, you cannot adopt the child in this manner. Answer #2: >I've heard that they both would have to adopt her to me for something like this to work, but that doesn't seem logical.

It isn't logical in your (extremely rare) situation, but it is correct.

>I do have an agreed stipulation of parentage with the mother, signed off by a judge.  In essence my daughter currently has two legal fathers, for now.

Talk to a family attorney about filing a motion requesting that the judge issue an order that your child's birth certificate be corrected to properly list you as her father.  If you have a DNA test, a stipulation from the mother who was unmarried at the time of birth, and the step-father does not disagree, I think you have a pretty good shot at this.  It's a back door method admittedly, but judges can order changes to birth certificates and you will be established as the sole legal father.  Really, boil it all down, and all of you agree that your daughter's birth certificate has a clerical error.  You just want to fix it.  There's this concept called "substantial justice" that allows judges to sometimes bend procedural rules if necessary.  I think you fit right into that.


Title: (Florida) If my dad awards me power of attorney and medical POA does his wife have any recourse if she doesn't like my decisions medically?

Answer: She can go to court and request guardianship and an injunction against whatever you want to do (or not do); or request a count appointed GAL to review your decisions. Unless your decisions are clearly not in the best interest of your father the probability of her motions succeeding are probably pretty low.


Title: Marijuana On Federal Grounds

Question:
I wont get too far into the details, but I was driving back from Colorado and I noticed my girlfriend left a bag in my car, I didn't think twice about it, because I was going back to Sheppard AFB (Texas), and I knew I was only going to be there for a few weeks, while attending a class, and then I would go back to Colorado whenever I was finished. I took the bags out of my vehicle and placed them in my room, and the next day I went to class as normal. I was then pulled out of class, to be told that Marijuana edibles (gummies) were found in my room, and that I was going to be questioned by OSI about them, OSI questioned me for days about them, drug tested me and confirmed with the girlfriend that they were indeed hers. I was still, however arrested with felony possession with attempt to distribute, a felony charge.

So my question to everyone is, with a passing drug test, offer to do a polygraph and the ever changing and passive marijuana laws, what do you believe my options are? Are they fact that they were gummies a valid reason for not noticing them? Does the clean drug test serve as evidence that I was indeed using them?

Any thoughts are welcomed on this subject.

Answer:
 Stop, do not pass go. You need to retain a lawyer. Especially since you've already been talking to investigators.

Your "chances" at this point rest entirely on your chain of command and whether they lend enough weight to your claims or the evidence to prefer those charges or not.

Hence, retain a lawyer. Immediately. This can potentially derail your remaining 6 years and kill your chances at retirement.

***Lawyer.***

Edit: Changing state laws have exactly zero impact on a case on federal grounds and involving the UCMJ. The fact that you passed a test only confirms that nothing was in your system at the time. Offering to do a polygraph can simply demonstrate confidence, not innocence.

Your girlfriend has potentially royally fucked you here, and this is exactly a good reason why anyone in a position to be jeopardized should have zero affiliation with folks who consume illegal drugs.

***Stop talking. Lawyer. Now.***Answer #2: >what do you believe my options are?

You should hire a criminal defense attorney and follow their advice.

>Are they fact that they were gummies a valid reason for not noticing them?

You could attempt using that as a defense at trial. I can't tell you whether or not it will be successful.

>Does the clean drug test serve as evidence that I was indeed using them?

I don't know how a clean drug test could possibly serve as evidence that you were using drugs.Answer #3: >So my question to everyone is, with a passing drug test, offer to do a polygraph

Both are irrelevant. Texas' laws regarding marijuana are not changing. You desperately need a lawyer because your girlfriend just exposed you to years of prison time. Throw her head first under a bus if need be.


Title: (KS) exhuming and relocating deceased to another cemetery

Question:
So, this is in Kansas. I'll spare all of you the family drama of what happens when a young man dies while separated, but not divorced from his wife, and said wife doesn't get along with the rest of the family. He also had no will, if that matters.

So the short of it is this. My brother died earlier this year, and was buried in a plot in a Catholic cemetary that my parents own. Been hearing rumors from several people that his widow, who he was separated from at the time of death, bought a plot in her home town in Kansas with the intention of moving him. No proof, but the timing of it along with some other details implies that its basically out of spite towards the parents.

So, what all goes into the process of doing that? Does she have the right to do it, even though she doesn't own the current plot he's buried on?Is it a court ordered thing? I saw something about religious officials having to okay it, but it seems weird to me that they would just be able to deny it.

Answer: She would have to get a court order, I should think. Also this is terrible. Sorry for your loss.


Title: Was I wrong to refuse a breathalyzer test?

Question:
Before I begin I’ll say I know this is all my fault and it could have been avoided if I used Uber or Lyft. This is in NJ

I had a few drinks at a bar a few blocks from my house while playing darts and talking to some others. At last call I decided it would be a good time for me to leave at 2:45ish. I get in my car and pull out of the parking lot and am instantly pulled over. A clear bait for a friday night at a bar. Instantly the cop is at my window yelling asking if I’m (21M) stupid and all this. He tells me to get out of the car for a field test of which I am unable to pass. He knows I’m under the influence and I know already that he’s towing my car and taking me to the station. He then asks me to do a breathalyzer test, I ask what will happen if I refuse. Officer says I will be issued a separate summons for refusal, I decided to refuse and accept the summons.

I knew I was over 0.08 and failing that would have just confirmed I was operating a vehicle under the influence.

I was cuffed and brought to the police station where they harassed me for two hours. They had a paper in front of me which was basically me agreeing that I’m aware of my rights and stuff that I had to initial and sign (I wasn’t physically told my miranda rights or whether I was under arrest). I wasn’t finger printed or photographed and my sister was able to pick me up shortly after.

My car cost $150 to pick up and I was also given an $85 Careless Driving ticket.

My 3 tickets are as follows.

Operating Under Influence of Liquor or Drugs

Refusal To Submit To Chemical Test, Penalties

Careless Driving

——-
The tickets are time stamped 4:49AM meaning they gave me these tickets at the police station about two hours after I was pulled over.

Am I screwed?
 This is my first driving offense and I was very polite with the officer. He told my sister that as well when she came to get me.

My mom thinks I will lose my license, I need that because my two jobs require me to be operating vehicles.

Do I need a lawyer?

Thank you anyone who can offer some advice.
Topic:
DUI

Answer: Refusal to a breath test is a 7 month license suspension in NJ.


Title: What would help with my mom and stepdads divorce so that he takes away the minimal amount? Also what should be prepared for?

Question:
My mom and stepdad have been married for about 13 years now, and the family, including my mom, is really sick of my stepdad. I won't get into the things he does, but I do need advice on what I should know and what I can be prepared for, so that I can help my mom get through the divorce. She is afraid that he will try to fight her in court and "take from her pension" or other things. What would be the best route to get her out of this marriage, with him taking the least amount possible? Thank you.

Edit: Location is Connecticut, US

Answer: Hire the best divorce lawyer she can find.


Title: Want to start a men's workout group; but want to discourage people from the extremes of political spectrum. How to word ads and meetup group description without offending or giving plausable reason to sue (oh boy!)

Question: [removed]

Answer:
 In some jurisdictions (but not many), "political affiliation" is a protected class.  And, usually, those protections are oriented towards employment.

I'd just say:  "Please, no politics discussion."

Now, if someone decides to ignore this rule, I am not sure what practical recourse you would have to address it in the hypothetical.Answer #2: It sounds like you're wayyyy overthinking this, unless you want to exclude more than you let on. It sounds like you just want to hang out with other dudes and enjoy hobbies like fitness etc. without it being a political debate. That's gonna be most people, and as long as you aren't having political discussions it shouldn't even come up. And even if it does, as long as everyone is respectful does it matter?


Title: My neighbor put me in the hospital with her second hand smoke..

Question: Despite me continually asking her politely to move somewhere it wont hurt me. I have asthma and now I am being forced to move during the pandemic and burning through all of my savings. Can I sue her and make her pay my moving expenses? I am in NY

Answer:
 No. She has no duty to not smoke near you. Absent a duty that is breached there is no liability.

But even if you could prove the existence of such a duty, you’d have to prove that second hand smoke(from a neighboring building no less) caused your hospitalization. This would be very, very difficult particularly considering it is the height of pollen season.

In short it would be a very difficult hill to climb. You can ask people not to do things, but it doesn’t mean they are legally responsible if they decline to do as you ask.Answer #2: Does your neighbor have some obligation not to smoke where they’re smoking?  Are they violating an ordinance or “smoke free building” or something?


Title: Found $200 on the ground

Question:
Wife and I were walking through Burlington, VT and found $300 (3 x $100 bills) on the ground; no receipt, ID or any identifying info.

I know how much a hit like that could hurt someone (that could be someone's rent money), so I brought it into the local PD in case the person who last it came looking.

I asked what would happen if nobody came in to claim it, and they told me the money is kept and goes to the PD.

Is that right? It feels questionable to me... I understand its a selfish thought, but if this is the case, what incentive does anybody have to turn in stolen property?

After trying to look into lost and found laws for Vermont, the only thing I found was that two notices need to be put up in a public area near where the property was found within 6 days. Nothing about even bringing it to the authorities, or them getting to keep it.

Answer: You found $300? What would a good person do with $200 in free money? I bet they'd think about turning in the $100. But it could be that someone intentionally dropped the $50, in the hopes of making someone's day. I mean finding a $20 bill is not that uncommon. It seems like a lot of work to bother with $10 bucks. I'd just buy a cup of coffee with the $5 and not worry about it. Answer #2: This is why when you find cash on the ground and didn't see someone drop it, you just keep it.Answer #3: What else would they do with it? They can’t exactly broadcast out that $300 was found so the person should come claim it. Then everyone would show up trying to claim the money


Title: College student (19M) dealing with a female stalker

Question:
I’m a college student in upstate New York and my life is slowly going to hell as a result of stalking. I broke up with a fellow student, who I had only dated for about 8 months, about a month ago. We broke up on a Thursday morning, and then Sunday morning at 2am the police came and detained me over a false kidnapping tip. After the tip was proven to be false, I saw the student in school on Tuesday with no explanation.

I attempted, at the advice of a therapist, to reach out and try to understand the situation. After my attempts to mediate the situation, with help from the school, were refused, I decided to lay low and document everything. I have not had any direct contact with this person in four weeks, and as a result they are now stalking me through campus.

The student follows me all over campus; coming by my residence, waiting outside my classroom, bothering authority figures like my athletics coaches with phone calls for me because I’ve since blocked her number, and generally trying to approach me in public.

Four incident reports have been filed, by myself and also an anonymous person who I believe to be one of my mutual friends, to the school about the stalking behavior. However all of my attempts to get a restraining order through title IX or the campus judicial system have failed or been delayed. I am losing friends and losing positions in student organizations because everyone is fed up with dealing with my problem. In addition, mutual friends that have reached out on my behalf to ask her to leave me alone have been rebuked.

Is this the point where I try to get an Order of Protection?
Topic:
School Related Issues

Answer:
 >However all of my attempts to get a restraining order through title IX or the campus judicial system have failed or been delayed.

Can you elaborate a little?  Have you actually spoken to the title IX coordinator and/or submitted an official complaint?Answer #2: Besides the other advice, you should really go to the police station and file a criminal complaint against her for her false police report for kidnapping. It's a crime to file false police reports.


Title: [California] lemon laws. Bought a car just under a month ago and 2 weeks after I bought it started making noise.

Question:
Bought a 1995 GMC sanoma from a private seller on November 24th. I test drove with some mechanic friends and it sounded/felt good. 2 weeks later while I was driving I felt something weird and it started making noise coming from the engine. (Driven maybe a total of 150-200 miles)
I had it towed back to my house then to a mechanic shop, 1.5 weeks after it got to the shop (they were super busy) I was told that it had a low end rod knock, and that I would need to get a different motor put in.
I’m wondering if I’m covered by lemon laws or if I can do anything about it.
Topic:
Other Civil Matters

Answer: Its a 25 year old vehicle broAnswer #2: It's a 23 year old car. It could have student loans and a little baby car of its own at it's age. You didn't get it inspected in the court of an as-is sale. There is no universe in which you're entitled to a refund here.


Title: Condo Interior Hallways are Frigid! What can be done?

Question:
I live in Chicago, IL on the 4th/top floor of a 25 unit Condo building. Our board feels it necessary to keep the heat at a temperature that is acceptable on the lower floors, but not the 4th floor, in order to save on costs. It has been ~30 degrees outside lately, and the hallway outside my door averages 58.5-59.5 degrees.

Do I have any legal right as a condo owner to request/demand a certain amount of temperature in a common space? I understand the need to save money and certain areas are unreasonable to keep to warm (i.e. garage or garbage room), but the common hallways are heavily used. (The same issue occurs in reverse during the summer, as our hallways are boiling hot!)

TIA!

Answer:
 > Do I have any legal right as a condo owner to request/demand a certain amount of temperature in a common space?

Sure, following the condo HOA's process for proposing motions. You'll need to review your HOA documents to figure out how to do that, and you may need to do some campaigning to be sure you raise enough votes to pass your motion - the downstairs neighbours could well vote against it just because it "increases the costs" (and thus their condo fees) without providing any obvious benefit to them, if you're not careful with messaging.


Title: iPhone was stolen in Columbus, OH 2 years ago. I was just contacted by a Person that bought it in Alberta, Canada

Question:
TL;DR - Two years after my phone was stolen in Ohio, I was contacted by a guy in Alberta, Canada that was scammed into buying my locked phone for $380. He asked what to do.

&nbsp;

Twenty-two months my phone was lost/stolen in Columbus, Ohio and immediately I used Find My iPhone to put it in lost mode and put a contact number if it was found. Now a person in Alberta, Canada got in contact with me saying he has my phone. It turns out he purchased the from someone local off kijiji for $380.

&nbsp;

He asks what he should do with it. I said I would appreciate it if he sent it to me. He said he wanted to confirm that it is the right phone and asked what color it was. I said iPhone 6 64GB in silver.

&nbsp;

I didn't hear from him but texted the next day asking if I was correct. The conversation when like this:

&nbsp;

HIM: I don't know if it is 64GB but it is white.

&nbsp;

ME: iPhone 6 came in space gray, gold, and silver. The space gray's front is black while the silver and gold models have a white front.

&nbsp;

HIM: The box it was in said it was 32GB

&nbsp;

ME: That's not the original box.

&nbsp;

HIM: I guess so

&nbsp;

ME: You can search the IMEI/MEID number on the back to confirm the model.

&nbsp;

HIM: I'm not that technical.

HIM: What would you like me to do?

HIM: Idk if I said I paid $380 for it.

&nbsp;

ME: I could send you a pre-address/prepaid box for you to mail it to me or I am open to other ideas that could ensure both of us are protected from being scammed.

&nbsp;

HIM: I never scammed anyone in my life, I know where you are coming from I would be suspicious of this situation myself. I'm an honest working individual who fears God I have little kids that I set an example for, and I work hard for what I earn.

HIM: Let me know what you decide on and I'll get it done for you..

&nbsp;

The rest of the night I spent time trying to get the IMEI number from Verizon, which I was able to get.
What should I do? I sympathize if he was truly scammed out of $380, but that is not my fault. I don't know if he is expecting for me to compensate him for his lost. Sure, once I have my phone back, I would send a thank you and maybe consider including a $20 gift card.

&nbsp;

Thoughts?

&nbsp;

UPDATE:

What jurisdiction would I even file a police report in?
Topic:
Canada

Answer:
 > I'm an honest working individual who fears God I have little kids that I set an example for, and I work hard for what I earn.

If there's one thing that instantly makes me distrust someone, it's when they lay it on thick about just how much I should trust themAnswer #2: You should inform him to file a police report since he purchased stolen goods, have him send the phone back to you and if he wants to recuperate his costs to go after the seller. If he doesn't send it to you, file a police report and let them know you know who has your previously reported stolen iPhone.


Title: 460$ worth of goods never arrived. Shipment delivered but package was nowhere to be seen.

Question:
Hi all,

This occurred in California.

Ordered several pieces of clothing from a website specializing in outdoor gear on 7/1/18 (About 2.5 months ago). Package never arrived, I notified the website's customer service and the shipper that I never got my package. No refunds or any resolution is offered as a means to resolve my issue. A customer service rep tells me I should just file a charge back on his company as he honestly states no refund or resolution can be done on their end.

I issued a charge back as suggested later through my credit card . Website states they delivered the package and provide evidence of the charge to my credit card company and it temporarily rules in their favor. I'm told to wait for a letter from my bank in regards to the charge back update that I am to fill out and state "I never received the package at the time of writing this letter, or confirm that I did receive the package".

I never got the mail after several days (I have two weeks to reply) so I get a print out of that sent letter through my bank's website after calling them. I print it out and drop it in the mail box to be sent out. After some waiting for a response, the bank closes the charge back case ruling in Websites favor. I call em up and I'm told they never received a letter therefore the case is closed as the time-frame (2 weeks to receive a response from me) is up.

I'm out 460$, package still never received and not sure what to do. Can I reopen another charge back?

Answer:
 If the credit card company has ruled against you, you may not have any further recourse with them.

Have you talked to the shipper / were you giving any shipping information?

You could sue the merchant in small claims court.


Title: Asgardia, the space nation: Just how legal/ethical is it?

Question:
https://asgardia.space/

I skimmed the constitution and it seems wholesome. I like the idea, and the concept, and I think it's cool. Is there anything I've missed?

Answer:
 * What territory does it claim sovereignty over?

* Is that sovereignty recognized by the residents of that territory? By other sovereign nations?

* By what means do they enforce their sovereignty against those who would revoke it?

It's a cute idea, but it's legally meaningless unless other people are willing to recognize their sovereignty and authority. They can lay claim to space, but nobody's obligated to respect that claim or follow their rules.


Title: Questions regarding meeting an escort, but not trading money for sexual favors in Ohio.

Question:
So I have a legal question regarding prostitution/escorts in Ohio. I have always been fascinated by escorts. I love to read reviews, look at pictures, read message boards, etc. I want to know about the legality of hiring an "escort" but not having any sexual contact with here. I mostly want to talk, ask her for stories, etc. I kind of want to know where the line truly is in Ohio for this kind of thing.

I figured her being nude and in any physical contact with me was certainly crossing the line. I wasn't sure about the legality of seeing or photographing her nude. I don't believe strippers can be full nude in Ohio, so I assume that would be something to avoid.

**So to put my questions simply:** I want to hire an escort, but not to have sex or perform sexual favors. I simply want to ask her questions, see her face to face, possibly see/photograph her nude, and satisify my curiosity without running afoul of the law in Ohio. Is what I am planning to do legal and where is the line I definitely cannot cross?

Also, I am very open to "Do not do this, it is dumb" responses as it may be a stupid thing I should be talked out of, but I would like to get the legal part figured out either way since I am genuinely curious at this point. I am very likely to NOT actually do this, but I wanted to have some idea what I was getting into if I did.

By the way, I might be slower than most with my replies as this is a throw away and I will be at an NFL game without reception for a while today. I will try to respond to any questions bt the end of todal.

Answer:
 Escort services are 100% legal. You can pay someone to spend time with you. That's legal.

You are paying for a date. Sex is often part of dates,  but you are paying for the companionship.

I don't think it's a dumb idea. Go to the Yellow Pages (yp.com) and contact an escort service. Don't use Craigslist or something sketchy. Answer #2: Here are some relevant Ohio laws: http://prostitution.procon.org/view.background-resource.php?resourceID=756

Paying for sexual acts is illegal.  Paying for time, companionship, stories, etc. is not. Answer #3: Funny anecdote.  This is actually how /u/grasshoppa1 and I met.

>I will be at an NFL game

Browns or Bengals fan?  This will determine the quality of legal advice I give you.

Some legal advice:  Your idea, while perhaps well intentioned, is incredibly risky.  I would reconsider.


Title: Sister in jail and tow company going to sell her car

Question:
I don’t know if my sister knows this, or if she does know about it, if she knows what to do about it or how to ask for the resources to correct the situation.
My family received a letter from the company that is holding her car that state that they are allowed to sell it.
We do not have access to the vehicle because the title is in her name.
Is there a way to get access to the car to remove her belongings, or are we basically screwed?  Or postpone the sale? Any other suggestions or ideas?
I don’t think my parents care about the car as much, it’s practically scrap, but there are some items in the car that she has “borrowed” from the house that we want back.
Topic:
DUI

Answer: She needs to assign someone a Power of Attorney,  did her lawyer not tell her this when she was convicted? Or did it just get lost in the mental shuffle of "oh God I'm going to prison f f f f" 'cause that's a reasonable cause to panic


Title: Employer promoted me to position but is now saying that they never actually did. (Texas)

Question:
Hello,

I was promoted to a slightly higher position in December. A week after I was given the position I was told that I would not receive the raise that came with it until February. (Was going to back out but was talked out of it because they said they'd hate me to miss the opportunity). Now they're saying that I was never actually given the position but am sort of in training for it still so I won't receive a pay raise. They let this go on for 3 months and are now all of the sudden saying that I actually didn't get promoted. Do I have any recourse on this?

Thank you for any suggestions.

Answer: Unless you have a contract that says otherwise, they can promote you or demote you as they see fit. Answer #2: Do you have it in writing you got a raise effective some date? If no then you have no recourse. Job title means nothing. You can get promoted to a new job title and not get a raise.


Title: [Ny] Sex Laws

Question: [deleted]

Answer: Just avoid the entire situation. Although I assume you will not.


Title: Recieved a ticket for driving out of restrictions(under 18, had 3 people in my car) in Staunton, VA. What to plead in court?

Question:
My first idea was to plead guilty, since I **was** breaking the law. But on second thought and some talking with my dad, pleading not guilty would give me a chance to get it dropped, and I have a legitimate reason to be innocent.

The law used to be if the passengers are over 18 then a minor can drive as many people. Apparently soon after I got my liscense, the rule changed so the passengers have to be over 21. I wasn't aware of this change so I drove with three 18 y/o as my passengers.

I was guilty obviously, but if I plead guilty, there is no chance it will get dropped. What should I plead?

As a side note, this is my first offense. I was pulled over for a tail light out, and the officer didn't even care about that, just that I was driving out of restrictions.

Answer:
 They almost certainly aren't going to drop the whole case.

But you could go talk to the judge or the prosecutor and see if they can cut you a break on the fine or points.  You could ask about traffic school as an alternative.

Or, you could hire a traffic lawyer to represent you...


Title: [UPDATE] One of my (25F) coworkers bought me a bracelet from Tiffany’s and I didn’t accept it. Now he’s (45M) acting problematic.

Question:
https://www.reddit.com/r/legaladvice/comments/9w285e/one_of_my_25_f_coworkers_bought_me_a_bracelet/?st=JOGK1797&sh=92e1e2c3

I followed the advice I received on Reddit and went against my gut to go to HR to report his behavior. My coworker came up to me today and said that (45M) told another coworker that I’m overly flirtatious and that I make people feel uncomfortable because of my flirtation. I’m heartbroken.

He’s spreading lies about me strategically and I feel like everyone is looking at me. I feel sick.

HR alerted my boss (another guy) and my boss had a sit down talk with me and said that it would *never* happen again, and they were taking “action.” I asked him, how can you be sure if that? And he said he would take care of it.

To make matters worse (45 M) confronted me in the parking lot after work and started getting very emotional and saying he “cared about me a lot” and doesn’t understand why I “mistreat him.” I told him to get away from me, and to never speak to me again. He tried to block me from getting in my car and played the victim. I asked him WHY is he spreading this fake lies and he said he was just being honest, that I’m a “flirt.” I said “do you honestly think that? You’re sick.” And he said that he wants me to be “happy” and told me to “calm down.” CALM DOWN? After all he did he’s trying to make me seem like I’m the one who needs to straighten up?

I don’t know what kind of crack pipe this guy has been smoking or what sick fantasy world he’s living in but honestly sick of this shit.

After all this he has the audacity to confront me?? This can’t be real life.

Answer:
 Others have said this, but your issue has two facets.

First, criminal harassment, restraining order: Was the moment at your car the first time you told him to stay away from you? If so, you probably won't be able to get him charged with harassment, stalking, or anything like that. You might be able to get a protective order, but that generally requires testimony that you believe that you are in danger. Now that you've told him to get away from you, repeating this behavior would be criminally problematic for him. (By the way, this isn't "sexual harassment" because an individual cannot be charged with sexual harassment in most jurisdictions. It is harassment of a sexual nature, but that's not the same thing as sexual harassment.)

Second facet: Sexual harassment: You did the right thing by telling HR, and you need to tell them about the new incident. Doing so preserves your ability to file a sexual harassment claim against your company for failing to act. They obviously scolded him or he wouldn't have come back at you. Let them know he came back and give HR the chance to act. The law only considers an employer to be liable for sexual harassment when it's reported and they do nothing (or punish you instead). They have plausible deniability and could claim they didn't know he came back at you. They could say they thought they took care of the problem.

Source: Have many clients who are sexual harassment and criminal law attorneys


Title: [CA] I was wrongfully terminated over something I did not do. There was no investigation, no warning. Basically they said that "we think you're the most likely person so we have to let you go". My unemployment claim was also denied so I know the CEO presented his assumption of my guilt as fact.

Question:
Backstory:

I started at this LA company as IT support for an ultrasound simulation company a couple years ago. I did the work of 3 people so they never had to hire another person to help me (which is standard). I pretty much helped keep the company afloat because I was good at solving problems the customers kept having and I worked at all hours and days due to our large international clientele. Our customers consistently told upper management that I was the reason they stayed on board. Less than a year later, the CEO was really impressed with my work ethic and attitude so had me trained to move into the dev team- my wish came true. In 2.5 years I was given 4 promotions, I loved my job, never missed a day because I finally felt like i belonged.

&#x200B;

Well, a few months ago, everything changed. One of the territory managers decided to use a demo project (usually only used for testing) in a presentation in from of potential clients. But before the presentation started, the territory manager looked through the demo and saw some profanities written (ex: motherf\*\*\*\* lungs in slimyass phlegm).

\----- Keep in mind the dev team writes a bunch a demo projects just to test their code and sometimes they're just dorking around. We're not medically trained so we just make up whatever's in our heads to pass the time.  The demos were never supposed to see the light of day so no one knew why the territory manager thought to use it.  I'm not trying to defend those actions. My point is, after so many years of of all of this happening with the profanities and stuff, and the demo's never being used to present to clients, we had no idea this would ever happen. What I'm trying to say is there were no bad intentions- everyone assumed that no one would ever see it.

Third point is, the slide was never actually shown to anyone so the CEO suffered zero damages.

&#x200B;

About a week later, the CTO called me in and basically told me they think I was responsible. I'm honestly still baffled as to why they would think that because everyone on the team has access to all the accounts. Another dev went back through the old demos and he said that there was profanity written everywhere, even before I started working there. I denied my involvement, my direct supervisor also pleaded to not fire me because he didn't think I did it.  The CTO did seem a little uncomfortable after the talk but she said the CEO had already made his mind up so I had to go.

&#x200B;

Afterwards I called a few law offices to see if I had a case for wrongful termination but they said this would be harder to pursue so I applied for unemployment- which was also denied after unemployment called the CEO.  I am trying to appeal my case in court next week but I'm really at a lost as to what to do. It seems like the CEO's word is all they need.  I thought about getting statements from my coworkers (who all know that I should not have been fired.) They know that the profanity thing is nothing new. They knew that the CEO had zero proof but wanted to make an example of me as the youngest, least experienced of the team.

&#x200B;

What can I do to convince the judge? I've been looking for work for 3-4 months now. I really need unemployment to kick in for my student loans. I've never been in this situation before. I'm really still shocked that the CEO had no problems lying about me to make his case and never giving me a chance to defend myself. I don't know how I'll be able to convince a judge who doesn't know me over the words of a doctor.
Topic:
Employment Law

Answer:
 > Afterwards I called a few law offices to see if I had a case for wrongful termination but they said this would be harder to pursue

Yes. Your termination, while unfair, was not wrongful or illegal (you weren't fired for your gender, race, religion, gender, etc.). Appeal the unemployment denial as clearly and as vigorously as you can. Good luck.Answer #2: Ask the judge what proof the CEO has that it was you. Any video, witness statements or log files showing that it was specifically you? Without any proof it is just speculation and hearsay, both of which don’t hold up in court.Answer #3: I assume you are talking about the Unemployment appeal hearing

If that's what you mean, then you should present your side of the story calmly.  When the company representative is speaking, *do not interrupt them* but write down questions to ask to clarify when it is your turn to speak again, e.g. "What evidence is there that I was the offending party" and "What specific steps were taken when investigating this incident".

When presenting your side, you can state what you did above, that another dev confirmed that there was profanity before you started in the position.  Unemployment hearings are not like court cases, you do not need special inside knowledge or training in order to represent yourself, and it's expected that you would represent yourself.

Most important, if you lose the appeal, appeal again as many times as you are allowed by your state's rules.

If you are not talking about an appeals hearing, then you should follow your state's unemployment appeals rules and file an appeal immediately.  You do not need an attorney to do this.


Title: Need advice on rape case

Question: [deleted]

Answer: This is truly bizarre. Does this sound like a bad Lifetime movie to anyone else?


Title: [Florida] Possible nasty parting of ways and might lose kids

Question:
I'm moving out of the house (though I pay all the bills). I don't know how I'll afford two houses, but I'll figure it out. We have two kids, one is biologically mine (my son and he is 3, turning 4 this year if that matters).

My concern is during an argument the other night she said that if I didn't leave she'll call the cops and tell them I beat on her. She said things like "you've done it before" and it sounded a lot like she was trying to trap me into agreeing to something that may be out of context.

I don't and have never abused her out of malice, and I've never physically abused her with intent to hurt. There was ONE instance nearly 5 years ago when we first started talking that we got into it about our sex life (we are into a bit of BDSM) and she kept telling me I was a "vanilla" and didn't understand so I restrained her and pushed her against my couch. I specifically said "is this what you want", but I did leave bruises and my elbow caught her in the eye (she has thalasemia so she'll bruise if you look at her wrong). After I realized she wasn't on the same page I backed off and apologized and tried to explain that I was attempting to turn it around and that it probably wasn't the best of timing since we had been arguing (even if it was topical). We've had conversations about it since over text and FB, and usually she just mentions I "put my hands on her" and I think now that could be used to incriminate me out of context. I could deny it all I want but I'm really not a shitty person and I want to believe that being honest will be the right thing to do.

When I told her that I am staying and it was my house and she could leave, she said she'd just take the kids and there is nothing I could do to stop her and she could go anywhere. I said fathers have rights too and that she shouldn't be like that as it would hurt the kids. Then she went on to mention the abuse thing.

Some things of note:

All of her siblings/deceased father have criminal drug records.

She's dating a convicted sex offender, however his case is unique in that he didn't actually do anything wrong (in my opinion).

~~I did have an audio recording of her screaming about how much she hated me and when I told her about I was recording her it is evident she got really worried and backed off. There's nothing really incriminating, though.~~ And I no longer have this recording***

She has openly cheated on me a handful of times, and I have proof however I do not think I can use that proof.

I have paid every single bill for the household for the past few years.

When we argued a few nights ago it was the first time in front of the kids and my daughter heard everything, however my daughter is only 5 and she is scared and I'm not sure if I'm okay with her testifying or making a statement because I really dont want her to be involved in this mess any more than she has to be.

I'm concerned my ex will either :
A) take off with the kids.
B) Lie to get me out of the picture
C) Try to sue me for back child support that I don't have as I was paying all the bills.
D) All of the above.

I would have never thought her capable, but I've been worried sick that she'll do something like this since she said she'd lie to get me out of the house.

---

TL;DR: I'm worried the mother of my children will lie and use out of context references to force me out of the picture. What can I do?

Edit: Thanks for all the tips. The reason for leaving is (it's a rental anyway) that I'd like to have proof that I wasn't near her in case she comes up with something like this when I'm not around. Since the argument I always have the kids around or I leave the house. I'm also worried about her taking off and claiming she was afraid of me for whatever reason to justify her bolting. I'll consult a lawyer in a few minutes and go from there.

Edit 2:

I almost commented on my main account. that would have been terrible.

Lawyer consult said I shouldn't have much to worry about. I need to do 50/50 custody agreement at least and just  move forward from there. I told him everything. He said moving is my decision, but he asked me to keep in mind if the environment is hostile there may be an impact on the kids. He said I shouldn't worry about anything, the worst thing she can do is file a restraining order if she feels unsafe in which case he can get it thrown out as long as I'm not actually doing anything. He's even working with me on a price (flat charge vs. hourly) because he's confident this wont be an issue.

I'm also confident with her job she wont be able to afford anyone equitable in experience.

Thanks everyone. I'll update when I get things hammered out.

Topic:
Custody Divorce and Family

Answer:
 You need to get a lawyer right now. (family law lawyer who does divorces on the regular basis).

You want to file for custody with the help of a lawyer ASAP.


Title: [Ontario, Canada] Doctor adding false information to my mothers records.

Question:
My mother was born without a leg, and because of this she has developed a curved spine. Obviously she is in a lot of pain, and our incompetent doctor barely does anything to help her.

 After years of this my mother was angry and ended up saying "Doctors like you are why people seek drugs on the street".

 later on my mother went to go apply for medical marijuana (which she is no longer on due to side effects) and while she was there they said to her that it was on her file that she is a drug addict that seeks illegal drugs off the street. This is not true in the slightest, as the medical marijuana clinic randomly drug tested her many times and always showed negative.

So today, after confronting the doctor about this she slid it off like nothing and said that she can't remove it off their record, however she can make it not appear at the forefront. Which is fine for now but my mother is in pain and is already having a hard enough time trying to find medication without this on her record. Please tell me there is some action we can take against this to make them remove this from her medical records.
Topic:
Healthcare Law including HIPAA

Answer:
 I have a high suspicion that you've not been told all the details of her situation.

The big thing that I would follow up on if I was you is to see why she hasn't gone to another doctor. A comment like that AFIAK is not enough to prevent you from ever being prescribed any controlled substance ever.

Further, because I have a feeling that this will come up, there is no database that contains the medical records of every patient that all pharmacists and doctors have access to. If she was prohibited from receiving those drugs there's probably a good reason beyond the comments she made.


Title: My dealer got busted

Question: I live in Anne arundel county Maryland and The guy that I have been purchasing marijuana from got busted is there any reason the police would come after me for being a client? If so what can I do to protect myself from them ?

Answer:
 Police usually look for people higher up the chain, not farther down. They can prosecute him for distribution; they can only prosecute you for possession (unless you're reselling the product you buy from him).

Safe thing to do is to make sure there is no evidence you possess or have possessed marijuana in your residence or vehicle.


Title: My 16-year-old son points weapons at me. He also punches me. What should I do?

Question:
He has knives, bats, an ax, a taser, and pepper spray in his room. He often points one of those weapons at me when he doesn’t get his way.

He also punches me, hard. What should I do?

Answer: It’s time to seek psychological help, before he kills you or someone else. You may need to have him committed for awhile. Please take steps to protect yourself and others. Answer #2: Probably take all the weapons away first...


Title: [CA] Repercussions for lying about not having insurance.

Question: I am receiving a surgical abortion at planned parenthood soon. I can't provide my real insurance information because I don't want my parents involved and I am on their insurance. When I was a minor, I received free birth control from PP (was given a green card, unsure of the name of it) by telling them I didn't have insurance and there was no backlash. Which could be credited to me being a minor at the time? Presently I am 21 and cannot afford an abortion (full time unemployed student) out of pocket so I was considering telling them I don't have insurance again in an attempt to receive assistance with the cost of the procedure. My question revolves around the possible repercussions for telling them I don't have insurance and then somehow getting caught (even later on in the future)? I am open to suggestions about alternatives that will help me pay for the abortion without lying as well.

Answer:
 https://myhealthmyinfo.org/

The good news is, if your insurance covers your abortion, your parents don't have to know about it. The site I linked above has information about submitting a Confidential Communications Request to your parent's insurance provider, which would restrict their communication about your health services to you alone, at the address and in the manner of your choice. According to the site, in CA they have to honor that request if it's related to sexual health/reproductive services.

If your insurance doesn't cover abortion, most places take that into account when helping you secure funding. There's a handy chart about CA state programs here:
http://accesswhj.org/take-control#paying

Either way, you shouldn't have to lie to get the medical care that's best for you. You should be able to take control of your body AND your privacy. Best of luck to you!Answer #2: Any reason why you can't explain your situation to PP?


Title: Employment law (Houston, TX) -- employer reclaiming relocation benefits

Question:
I work for an oil major that frequently moves employees, both domestically and internationally. These relocations come with benefits -- moving costs, cash allowances for buying and selling a car, lump-sum payments, home-buying assistance -- not insignificant stuff that can add up to about 40% of an annual salary.

To receive these benefits, you have to sign a statement saying that you will pay them back if you voluntarily leave the company within two years. I know several people who quit under this condition and did not have their relocation "clawed back," but apparently the policy is now being enforced.

So -- what if I got fired instead of quitting? Say I just tell my boss "this job is cool but I think I will be working from home indefinitely, and also deadlines don't sit well with my new belief system?" Is there anything to stop this approach, legally? Do you think the company would sue if I were to simply refuse to pay this out, on the basis that management discretion in the past did not attempt to reclaim this money?

Answer: This won't work. Unilaterally changing the conditions of your employment in an obvious attempt to "get yourself fired" won't fool any court. They will rule that you voluntarily left employment.


Title: [PA]I put a deposit down on a used car last week and now the dealership says it had already been sold. Can I take legal action?

Question:
I'm not sure if this is a bait and switch, or what kind of scam they are running (read about these types of things online), but this is the situation:

Been working with a car salesman for a very specific used car that was advertised at one of their branch dealerships online.  We worked it out over the week, I went in on Saturday to put down a deposit for them to bring the car to the local dealership.  Signed and got a signed piece of paper from the finance manager that shows the breakdown balance of the rest of my owed payment for picking up the car the following week.  That same Saturday evening, she e-mailed me that she would call me Monday.

Today she called and told me, whoops, the car had already been sold on Friday but am I interested in [insert generic cars here that were a completely different brand and type than what I wanted].  I said no, I am not interested, please refund my deposit (which was done on a debit card) and they won't be hearing from me again.  Then started asking what specifically did I like about that used car and when I refused to answer, she said she would talk to finance about my refund.

I took a day off of work to go to the bank, deal with the insurance and different things that needed to get done, wasted another day going to the dealership the week before on a day off, and wasted a few hours of my time over two weeks for this...I feel scammed and annoyed and would never wish this to happen on anyone else.

Can I take any type of legal action against them for this?  There has to be some kind of justice for this nonsense. Thank you for your help I really appreciate it.

Answer: I don't blame you for being annoyed. But provided they refund your deposit you can't sue them. Well you can, but you won't win.


Title: Is it legal to force a female employee to wear men's pants?

Question: I'm a 5'1 115 pound female security guard.  At a work event our client apparently complained that my dress pants were too thin and tight. My boss said I had to wear cargo pants and sent me a link to the men's Dept at Walmart. The problem is it's impossible for me to fit that and it'll look horrible on me.  I already have little boy posts I tailored to sort of fit but they're baggy in all the wrong areas. Can I legally get fired for this?

Answer:
 >The problem is it's impossible for me to fit

There are plenty of women's pants that will fit you that will be in the style needed.

> it'll look horrible on me

You're going to work, not a club.  It doesn't matter how they look on you


Title: (California, USA) Computer Science For-Profit Educational startup is trying to compensate me after I walked away as an unpaid intern.

Question: [deleted]

Answer: The DLSE won't be able to get you anything over minimum wage unless you have something to show you're owed it. I would just take the offer and take it as a life lesson.  It's not going to hurt your career to get paid for a job.  How could that ever be used against you?


Title: Annoying Creepy Neighbor won't leave us alone

Question:
Throwaway, but looking for advice.

My fiance and I have this annoying neighbor who has become a nuisance. This started before we actually met and this guy would try and talk to my fiance and trying to be nice and uninterested, she told him not to talk to her. But the guy never stopped. Every time we seem to step out side, he is there or is outside pretty quickly and would try to talk to us, mainly her, and we would just keep walking.

A couple months ago, my fiance's 16yo niece was over and he calls her over to give her his number and told her that he's not a threat and a "nice guy". (Who has to clarify that when they introduce themselves). Multiple occasions he's tried to talk to visitors that were standing on our porch about how he's filing a restraining order on his ex gf/wife. I don't really know and I care even less. We've told him to leave us alone many times.

He's had run in's with other neighbors. A guy from across the street came over and I heard the across the street neighbor shouting at the guy to leave him (across the street guy) out of his (creepy dude) drama.

Our driveway is kind of small and we can't move around cars easily so one of us is usually parking on the street so the other can leave for work. One of us is on night shifts. Fast forward to a couple of days ago, the guy parks his car in front of our house, which yeah sure fine the street is legal for anyone to park, but the rest of the street was completely clear. I felt like he was using it as an opportunity to creep around. I knew this was going to start shit, but we put a note on his car asking him to please move his car.

I guess that he took this as a green light that he could go full throttle and started trying to talk to my fiance again. After she told him to leave her alone for the 500th time, he started leaving notes in the handles of her car of life advice and stuff he went through in his past telling. How he has a masters from Syracuse and makes over $100/hr. Some quality iamverysmart material. The next day (yesterday actually), he leaves another note about some bullshit about his life and we ended up calling the cops.

They came and listened and took down our story and ended up filing a report about this guy, and then went and told the guy that he is coming close to having stalking charges filed against him and to leave us alone.

Against my better judgement we posted something on Next door about this guy. And I was quite certain he wasn't on there, but we started to get quite a few replies about other people in the neighborhood having run ins with the guy. The idiot ends up responding (I've got screenshots), but just sounds like a bumbling lunatic trying to use big words where they don't belong, and playing a the victim card saying he's never approached us. Had I known he was on there, we would have not have posted anything

Come to find out the house he is in is a duplex, which I didn't realize. The other tenant sent us a message of how she has tried to contact the owner, there is always trash in the back yard. Multiple trees have fallen onto their property causing damage, and she's never gotten a response. She's been there for a few years and says that the other side runs kind of like a halfway house and that people come and go.

I guess what I'm looking for is if there is any angle to use to get this guy out. Either on stalking charges if he keeps this shit up, or if we can contact the city to see if there's some type of laws being broken on the upkeep of a house. We don't feel safe in our own home and we are on pins and needles while at home, which is no way to live.

Answer: Sounds like you have done everything right so far. I would definitely get cameras installed and call the cops if he trespass on your property. Also start keeping a detailed log about incidents.  You can't do anything to force him out of his house though.  Try to cut off contact and don't let him bait you into response.


Title: Plead guilty to driving without insurance on a plea bargain, now the state is insisting on 6x the punishment agreed to.

Question: [deleted]

Answer:
 The insurance cost is between you and the insurance company. The Judge doesn't control that.Answer #2: [Here](http://dmv.utah.gov/register/insurance) is decent information about why this happened to you.

>If a person is convicted for failure to insure a vehicle, the Utah Department of Public Safety (DPS) is required to suspend the person's driver license.

Your plea deal was about dispensing with your charge of driving without a license. You took the deal, paid your $110, and now you no longer owe the state for that. But the DMV is required to suspend your license by law until you get the proper insurance verification.
>The law requires DPS to maintain proof of the person's owner's or operator's security for a three-year period and the insurer must notify DPS if the policy is terminated.

Since this places an extra administrative obligation on the insurance co., it makes sense that they charge for it. (Though maybe a different company would charge less? You might want to shop around.)


Title: Found out my new gf has been extremely harassed over nudes by his ex. Not so simple

Question: [deleted]

Answer: File a police report for harassment, you got to stand up to bullies.


Title: [Philippines] Got wind of a US fugitive in my area, but unsure if first point of contact is local or US law enforcement

Question: A person recently went on one of my online communities who was looking to meet people in some very suspicious circumstances. Did some digging on their background and realized that the person had jumped bail and had been in hiding for several years. While the person didn't leave a name, the individual had left behind very specific information, including their county and state, their age, current location in my country, and a photo. I'm not familiar with when, where, or how US law enforcement would be involved with this, so any advice as to which entity I should approach would be appreciated.

Answer: Call the US Embassy in Manila and let them handle.Answer #2: Call FBI Manila 011-63-2-301-2000.


Title: (NEVADA) Work for a temp company and haven't been paid in two weeks. Says I'll get a pay card on the 12th.

Question:
I started working through a temp company on the 9th and have only recieved one paycheck. I went to the office to pick up my paycard on friday and was told it wasnt there. I asked what I could do to get my paycheck and they told me to call the card company and cancel it and they will print me out a check instead. After waiting three hours, the place closed so I had to leave without getting paid. I called on saturday and they found my card (Now canceled) At another warehouse and told me to pick it up and try to activate it. It didnt work and it was the three day weekend. Today, I called and asked if there was a way to have them print me out my last two checks and they said they dont do that and I was given bad advice on friday? She emailed her boss and "Is seeing what she can do" But in the meantime, I dont have any food in my house except a bag of rice and not enough gas to get to work.

So in my bad way of writting and format, what can I do? I dont think I can wait another two weeks to get paid. Any help would be very helpful. Thank you for reading.

*Side note: I know most places hold the first check but on my now useless card, it says I have two different deposits. So two weeks pay.

Answer:
 It might be time to file a complaint with the DOL for unpaid wages - they are obliged to pay you, and pay you on time.

Ninja edit: and by they, I mean your employer.


Title: [USA - CA] Employer No Longer Scheduling Me. Work Two Jobs, Eligible for Unemployment?

Question:
A retailer I work for has come under new ownership and starting this year, has gone through some restructuring, including a new manager being brought in from another location. Since then I have been scheduled a total of  6 hours. I have been contacted by the old manager (now assistant manager) who I am on good terms with and have been informed “off the record” that the new manager does not want me there and so will not be scheduling me (claims I said something negative towards the company, though everyone there complains about the place from time to time), and was not going to inform me of his decision. I am aware that CA is at-will employment, however I have not been formally fired nor have I quit as I am still on company payroll and still willing and able to work for this employer.

I also should mention that I work a second job and I have a third side gig lined up, however for the past year, the first job accounted anywhere between ½ - ¾ of my monthly income, and even this new side gig will be a fraction of what I was making before.

In addition, I was offered insurance for this year (despite being part time), because I worked an average of greater than 30 hours per week last year since we were so short staffed. I’m guessing I can say goodby to that since it was payroll deducted?

TL;DR Employer stopped scheduling me, work two jobs am I eligible for unemployment?

Answer:
 You WOULD qualify in the sense that you've been constructively dismissed from your job 1.  You could show that by explicitly asking to be put back on the schedule for next week, and see what happens - if you aren't, that's great evidence you've been fired (doesn't matter whether they say those particular words or not).

But, you might not qualify since you have other employment.  You might not qualify for full benefits or perhaps at all.

So.  I would explicitly ask to be scheduled, and then go ahead and apply for unemployment and find another main job.


Title: Ex took son after I was ordered to sober living.

Question: I was ordered into a sober living program and left my son in  the care of my boyfriend of 7yrs and my parents. Today my ex picked up my child for a weekend visit and is now refusing to return him to either my house or my parent's house. He says he is going to keep him and stop paying child support. Is this legal? Is there anything I can do?

Answer:
 If you have a custody agreement your ex may have first right of refusal.

If you do not have a custody agreement than your ex can legally keep your son. Answer #2: I am I  Indiana and have sole custody of my son, also my ex rarely has been there in my son's life only doing maybe 4 weekend visits a year.


Title: Is it legal to pay a waitress nothing? [NH]

Question: So I'm a college student. I bust my ass serving at a local diner in my hometown. I got a paycheck back today for $0 for 30 hours of work. The claim is that because my tips exceeded what I would have made through minimum wage, then I just don't get paid. That doesn't sound right to me. Please advise?

Answer:
 Are you not being paid, or is your check $0 due to tax withholdings?

I think I got two paychecks with actual dollars on them in my 5 years waiting tables.Answer #2: No.  They have to pay you at least $2.13 base wage.  If, after tips, you don't make AT LEAST minimum, then they have to true you up to minimum.

It is illegal to pay restaurant employees only on tips.   https://www.dol.gov/whd/regs/compliance/whdfs15.htmAnswer #3: same as in this thread. your non-tip income is less than what is withheld for taxes

https://www.reddit.com/r/legaladvice/comments/6mh57y/am_i_being_paid_correctly/Answer #4: It seems that the posters are on the right track.

Your tax withholding for wage+tips exceeded your wage.

This money was sent to the IRS and at the end of the year, if you are owed a refund you'll get it.Answer #5: >A tipped employee of a restaurant, hotel, motel, inn or cabin who customarily and regularly receives more than $30 a month in tips directly from the customer will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage.

https://www.nh.gov/labor/inspection/wage-hour/minimum-wage.htm

~~Doesn't seem~~ It's probably legalAnswer #6: Your money is going to taxes, social security, and insurance if your work provides that.

I rarely got actual paychecks as a waitress. The 2 something an hour is basically to cover your taxes.

If you work for 4 hours, make $90 and we're paid roughly $9 by your employer.... you owe about $20 to the government, and they only collected $9... don't be surprised come taxes that you owe quite a bit.


Title: Is it actually illegal to sled down an escalator? Or is he being pursued for "$led gang" activity?

Answer:
 While I doubt it's specifically illegal, there are a number of misdemeanour charges that could probably be brought like disorderly conduct (noise), trespass (the security guard telling him not to do it is basically a warning of revocation of his right to be there), reckless conduct, etc. This would depend on jurisdiction.

Realistically what would happen is the police would drive the kid home, phone the parents at work, and basically try to scare the kid and embarrass his parent as much as possible so that they'll have motivation to deal with it.


Title: Lease was Extended. Landlord won't honor extended lease and requires immediate eviction, plus fees, despite being recorded

Question:
This is happening to my boyfriend, but I'm posting because I'm very frustrated. About a month ago, my boyfriend gave a notice to leave in 4-weeks. The landlord said they required 6-weeks, so since he was two weeks behind, he'd have to pay for another month's rent. My boyfriend has her recorded saying "your last day here is the 28th of July". Seems pretty straightforward, right? Well, today he got a call from her saying that, despite the fact that he already paid for July's rent, he was supposed to move out on the 8th of July and will have to pay about a thousand dollars in extra fees to vacate this Monday. He told her, "I have you recorded saying that I could stay until the 28th" and she shakes her head and says "no, I would never say that". The thing is, he DOES have her recorded saying that. She won't give him the name of her supervisor or anything.

Does he have a case? Should he fight this? It almost seems like extortion.

Answer: It sounds like the property manager/landlord made a mistake and is trying to cover for it. Your SO can either contact the property's corporate office (if it's managed by a larger property management company) or sue the landlord for the deposit he probably won't initially get back from them.


Title: Gf's roommate(apt manager) broke into room on camera, complex/police wont do anything.(Austin, TX)

Question: The background is. In my girlfriends apartment, someone stole her TV while she was away for a few weeks. No idea who, but there is a sketchy roommate that everyone suspected. She decided to install a video camera, and they have recording of her going into the room, but not taking anything after. The sketchy girl is now a manager at the apt, and the apt's sent a rep to the police station when the video was presented, and both the police and apt said they can't/won't do anything since she didn't steal anything on the film. Multiple things have gone missing, and she could have used master-keys to get into the room. We have no idea what to do. This is a student apt complex.

Answer:
 If it's student housing that's run through the school she can talk to the school about switching rooms.  If they are all on individual leases she can ask about breaking her lease and what penalties for doing that would be.

The police are correct. Her roommate entering your gf's room without permission doesn't equate to theft. Answer #2: Looks like it was a mistake to let the roommate know there was a camera before catching her stealing something on film.


Title: hidden camera found in workplace restroom

Question:
hello i am an hourly employee of a well known food chain who needs some legal advice.

i was just told today by my district manager that police collected a camera yesterday from one of our restrooms that had recorded footage and possibly a livestream of every one who entered the restroom the past 2 days. they cannot confirm or deny that i was on that footage however i did use the restroom while the camera was still there. to make matters worse this same incident had happened a few years ago and is unknown if it was resolved. the restroom is a stand alone, locked gender neutral restroom in our building that is open to anyone even if you are not a customer.

 i am completely uncomfortable for so many reasons. my store has been experiencing so many different issues that have compromised the employees' safety, this is the final straw for me. the week before this, my manager was attacked by a homeless woman with a lead pipe and luckily didn't get hurt because he was able to get her out of the store. a month before that situation, another shift lead found a used syringe and meth in one of our restrooms.

my district manager has offered 6 complimentary sessions with a therapist and has asked to not talk to anyone especially the press about the situation that has occurred. he also advised me to prepare for backlash from the public when/if this gets leaked to the press. after i had suggested we put coded locks on our restrooms so we can have a little more knowledge of who goes into our restrooms he said that it wouldn't make much of a difference and would interfere with us being a welcoming environment and that all the stores in our district experience much worse. he also said with summer time coming in, this will only get worse.

 i have not spoken to police or have seen any police report yet because i have been told that this is still under investigation and that we will be informed about any new information they have. i have requested to get ALL the information as this progresses but i still feel like this isnt enough. i just dont feel safe in my store anymore and i feel like i am being told to suck it up and shut up. do i have a case here ???

Answer:
 A crime was committed, and the police are investigating it and it appears appropriate action has taken place so far.

If you're asking about a case, sounds like you want financial compensation. What are your damages exactly?


Title: [USA, ID] Firearm was taken in an attempt to stop "suicide".

Question:
I'm an adult, 19 years old. I still live with my mom, and I'm finishing up my last semester of High School.

I hav-*had* a .22 Long Rifle with quite a lot of ammo. My mother believed that I was at risk of committing suicide. However, I've told no one of any direct intentions, just that I was feeling a little down and maybe even depressed.

I assume it's out of the house, and that a sibling is holding onto it for me.

The thing is, she had to come into my room and take it. She won't give me information on who has it. Is this theft? Can I press charges for this?

Edit: Just wanted legal advice, instead got like 15 different internet strangers telling me what's best for my life like they're my father or some shit. This sub is shit, last time I come to this place looking for professional advice.

Edit2: Yeah, I'm done. This is literally the first thread I've ever turned off responses in. The only reason I don't delete it is so others can see the advice given (what little was). But this sub is godawful, rude, and nothing short of a circlejerk. I wouldn't call it a waste of my time, but it could've definitely been more professional. If anyone else wants to flame me, call me an idiot or an asshole, go right ahead. Clearly the mods don't give a shit on whether you're insulting the OP or giving help, so have fun.
Topic:
Criminal Law

Answer:
 So you rely on your mother for housing but want to "press charges" on her? Yea, that will end well.

Instead, perhaps you should move out, become self reliant and responsible, then ask for your gun back.


Title: Public Defender vs. Private Attourney

Question:
i was charged with petty theft in california for a product worth 65$.

I do not have a criminal record except for a ticket for a party last year.

I am trying to prevent this from being on my record. Are there any differences with hiring a lawyer and trying to get the case dismissed via preventative measures (theft-prevention classes), or pleading not-guilty and working with a public defender to achieve the same goal?

How successful are public defenders at this? Or should I bite the bullet and go poor for a while (I don't have a lot of money) and get a lawyer?

Cheapest lawyer I have found is $2750 which is largely out of my price range.

Answer:
 > Are there any differences with hiring a lawyer and trying to get the case dismissed via preventative measures (theft-prevention classes), or pleading not-guilty and working with a public defender to achieve the same goal?

Public defenders are for the indigent; in general, if you can afford to hire a lawyer you won't be given a public defender.

Public defenders are, on average, no better and no worse than private attorneys.