Title: I believe I'm being discriminated after a sexual harassment issue

Question:
I Recently walked into a chain corporation looking for work and long story short, a manager took my phone number from the application to tell me he was interested in me, nothing to do with the job. I was uncomfortable with that enough to apply to the same company but different location and in the process exposed said creep.

He was later reported to HR and I was called in to the original location for a formal apology and eventually a job interview. Ironically enough at the end of the interview I was told I had high qualifications for the manager position but because the unusual circumstances of my potential hire would include waiting for the current manager to be moved or terminated, I'd first have to interview with the District manager.

My interview with him took place nearly a week later. Off the bat he took me outside the store, interviewed me on the street, no formal questions or demeanor. Pen and paper. Askrd me about my work history and then immediately told me not only am I not interviewing for the position I was told I was interviewing for, but how that would not be possible and they'd stick me elsewhere.

I need to mention that this DM specifically told THE victim of sexual harassment via one of their employees that what was done was "not that big of a deal." That was the icing on the cake.

My discomfort led me to reach out to HR via email. The head of HR proceeded to call me and after I expressed that I was nervous about angry retaliation for the email, that I didn't wany to come across as a "baby who wasn't getting her way" to which he responded "to be honest, it does seem that way."

I really need some advice here. If I would have initially come back in guns blazing about the sexual harassment in the first place, there is no way that guy would still have his job. They yelled and him, said dont do it again, and that was it.

It's ridiculously obvious that they're trying to appease me by offering me a "supervisor position" in another location to shut me up. They are constantly speaking to me in a belittling and condescending way. Like I said, if I'd have come in angrily as opposed to level headed, I don't think this would be happening. I Honestly feel like I'm being sexually discriminated.

I wrote a letter to the head of the region, but I'm at my wits end here as to how to continue this if he behaves the same way everyone else has. Help? Thanks in advance.

Answer:
 >I need to mention that this DM specifically told THE victim of sexual harassment via one of their employees that what was done was "not that big of a deal." That was the icing on the cake.

No disrespect, but I'd be very hesitant to call the original guy taking your number from your application and calling you to ask you on a date "sexual harassment."  You're making a mountain out of a molehill with that.

Frankly, I can't figure out why these people are still dealing with you.  They should have went cold, no contact on you a long time ago.


Title: friend addicted to heroin told me she wants to kill someone

Question: [removed]

Answer:
 Not unless you're her doctor or something.  But you should report it anyway.

If she stole the guy's gun you can tip the police off about that.  And you can rest easy about it too: absolutely no reason the guy wouldn't have reported this himself.  Answer #2: (1) If you associate with people who are "deeply involved" in heroin and meth, it's a matter of time until something bad happens to you.  These people are drama magnets.  Whether that's experiencing an inconvenience or being arrested and charged because you're with her is anyone's guess;

(2) You have *zero* basis to believe that she won't do anything.  Someone just told you they stole a deadly weapon and are committing a felony by possessing it.  She then made a threat against someone's life.  Don't be surprised if a drug addict does something you don't expect her to do.

People who don't report this are why we've got so many horrid communities.Answer #3: No you don't have to report it, but you might want to find new friends.


Title: (TX) Does small claims court grant compensation for a vendor stalling, delaying, ignoring, lying, and all-around jerking me around? (This all happened after he had my money, and he still has not delivered the agreed-upon service).

Question:
TL;DR at end.

In mid-2014 I contacted the owner of a small business that does engine ECU tuning for cars (modifying the software for increased performance).  The process goes:

* Tuner (vendor) sends me an updated software file to flash to my ECU
* I load it and then take data logs, which I send to him
* Tuner analyzes the data, makes necessary adjustments, and sends me the next iteration of the Tune file.
* Repeat until the Tuner is satisfied the Tune is “complete”.

Before beginning the process, I asked what the turn-around time on each iteration would be (because the Tuner said that there would be many, upwards of 15-20).  He stated that normally it was “a few days” though at certain times when his volume was high or he was out of town racing his cars it could be “up to two weeks maximum”.  I was (and still am) fine with that schedule.  That exchange took place over the phone, I do not have that promise in writing unfortunately.

My issue is that this two-week turn-around has not been adhered to at all, or even close to it.  When I contact the Tuner, I either get no response via emails, or a gruff response telling me that he is very busy working on hundreds of customer’s Tune files and will get to mine in its proper place in the queue.  (He uses a Zendesk ticketing system to track accounts, and I have repeated requested updates through that system as well – so it is not a case that my ticket was accidentally lost).

The last updated Tune file that he sent me was Febuary 2015… yes, 2015.  In that time I have sent dozens of emails and made a similar amount of phone calls.  Via phone the Tuner always promises to review my data and update my Tune file, but he will not say when. He does not respond to emails.  I wait two weeks and he never delivers the Tune file.  So then I call and email again and the story repeats.

One of the only reasons I have stuck around this long is because my options for Tuning my particular vehicle are limited.  But I am finally frustrated to the point that I will pursue other options.  I also am interested in pursuing this matter in small claims court, both for the refund price of the product (that is still not delivered) and the time and effort that I have wasted dealing with him.  Fortunately, the Tuner happens to be in the same state as me, only about an hour away.

My question is: does small claims court in Texas allow me to request monetary compensation on the basis that the Tuner has lied, delayed, stalled, ignored, and otherwise jerked me around for the past two years?  In that time, the car has been driveable, but not completed or enjoyable to drive (enjoyment of driving the car is the primary purpose of doing this Tuning) due to the incomplete Tuning.  If I had used a different option to Tune the car, it would have been completed in approx. Dec 2014.

Let me know if there is other relevant info that would be helpful.  Thanks for your time and advice.

edit: the price of the Tune was just under $1,000.

**TL;DR - Purchased engine management software for my car as a performance modification.  Vendor has not delivered, despite many emails and phone calls.  Vendor consistently promises to deliver product, never does.  Can I request compensation in small claims court for the time, effort, and frustration that the Vendor has caused me (in addition to the refund price of the product)?**

Answer:
 IANAL,
Small claims does not often get into punitive damages, you would be looking at getting your money back for services not fully rendered, and any damages you can attribute to his lengthy delays. Considering the generally subjective nature of computer-controlled engine performance enhancements, unless your car literally would not run between updates, you won't have much to go on there.

You might have a better response by lodging a BBB complaint against Tuner, assuming he is an actual business entity and not a garage hobbyist as it appears.


Title: Friend’s car was impounded. Cop didn’t take digital insurance card. Help?

Question:
Hello /r/LegalAdvice!

My friend got pulled over in New Jersey (Metuchen/Edison, NJ) for not yielding to pedestrians in a cross-walk, he claims he didn’t see them, the cop asked for his License, Registration, and proof-of-insurance. My friend provided the documents, except he used his phone to provide a digital proof of insurance.

The cop refused to acknowledge this as proper proof of Insurance and proceeded to impound his car! This all transpired less than a mile from my friend’s house and the cop refused to allow him to just take the car home (I assume because the department wouldn’t be able to charge money for it).

My friend texted me after the fact, and now I’m not a lawyer, but I did remember Chris Christie signing into law [NJ A-3905]( http://www.njleg.state.nj.us/2014/Bills/A4000/3905_I1.HTM) which reads: “ The insurance identification card may be displayed or provided in either paper or electronic form. For the purposes of this section, “electronic form” means the display of images on an electronic device, such as a cellular telephone, tablet, or computer…” way back in [May of 2015]( http://www.insurancejournal.com/news/east/2015/05/07/367285.htm). What’s strange is on the Motor Vehicle Commission’s site it reads: [“At this time, electronic versions of insurance identification cards are not valid in New Jersey; only insurance identification cards meeting the above specifications are valid.”]( http://www.state.nj.us/mvc/Vehicle/InsuranceRequirements.htm)

As far as I know there wasn’t any points on his license, there was no other problem with the car (registration, inspection, etc.), and there were no outstanding warrants for my friend; he can be an asshole, but I don’t think he would be a sarcastic ass to a police officer. According to my research, “failure to yield to pedestrians only carries a fine and possible points. Wasn’t impounding the car a little extreme?

Which is correct? The bill the governor signed into law or the MVC’s site? Did the police impound his car illegally or was the cop just unaware of the law? Does my friend have any recourse available? He doesn't really want to have to pay for the towing, impound, and storage of his car if he doesn't need to.

THANKS FOR ANY HELP IN ADVANCE!

Answer:
 I love the idea of the electronic proof of insurance, but I fear these kinds of situations.  Or like, realizing when I get pulled over that I left my phone at home, or it's dead, or I can't get a signal or whatever.  Same with airport boarding passes.  Call me old fashioned but I always keep the paper backup with me too. Answer #2: The officer is 100% in the wrong if the vehicle was impounded for lack of proof of insurance. The bill did become law (and took effect immediately after the governor's signature), and explicitly provides that

>The insurance identification card may be displayed or provided in either paper or electronic form. For the purposes of this section, "electronic form" means the display of images on an electronic device, such as a cellular telephone, tablet, or computer.

http://law.justia.com/codes/new-jersey/2015/title-39/section-39-3-29/


Title: [MN] Photographer here. I had super unruly, unsupervised children clients (mother left them in my studio to go make phone calls). Aside from them not cooperating, I also felt they could have broken my equipment (they were roughhousing the entire time).

Question:
TL;DR: Unruly photography clients for a small, 20-minute mini session (arrived late, unruly children, mother left them with me unsupervised). Is there a general law that will protect me if I cancel or refuse to serve a client due to situations of client unruliness? Or do I need a contract?

Some background:
I recently held some in-studio photography sessions. While 95% of them went splendidly, I had one bad egg session. They (Mom and three boys ages 8, 5, 4) completely missed their session, but showed up 5 minutes before the session after theirs. Mom didn’t apologize, but instead said “it’s okay, because they knew the people after them.”

Then, Mom left the three boys in my studio and went to make phone calls in the hall outside. The three boys immediately began rough-housing and knocking each other over. I had thousands of dollars of Gear I was using for the shoot, and i thought the boys would potentially break my things. The oldest was also purposely trying to break my toddler-sized furniture.

I tried to get the boys to behave for me, and managed to shoot photos for about eight minutes, but eventually I had to stop. It took just as long to get them out of my studio as it did to photograph them. Thankfully, nothing was broken and I also managed to get enough photos to fulfill the session requirement (15 edited images).

So anyway, my question is: in the event this happens again, do I need a contract to stop photography sessions? Or, Can I do this without a contract and be generally protected?
Topic:
Business Law

Answer:
 You can refuse service to anyone provided that it's not due to being part of a protected class. So if you cancel a photo shoot because the kids are roughhousing and won't behave that's fine. If you cancel because they're a certain ethnicity, religion, has a disability, etc then you're going to get the pants sued off you and you'll deserve it.

That won't protect you from a bad online review though. So have a thought for that and try to be diplomatic when you kick those little monsters and their horrible mother out of the studio. Also, I would recommend a blanket policy that parents have to remain while their children are being photographed. You're not a baby sitter and for all the parents know you could be a secret crazed sex pervert. Safer for everyone involved for the parent to stick around.


Title: Accused of statutory rape.

Question:
[deleted]
Topic:
Background Checks and Expungements

Answer: There is way more to this story then you know if those are the facts.


Title: Taking emergency temporary custody of my niece and nephew in MD

Question:
My sister and her boyfriend are recovering(?) drug addicts. They met in rehab 10 years ago. She has been using for 20 years and he has been using over 30. They have 2 kids ages 7 and 18 months. Both were born addicted to heroin. My sister and her boyfriend have both relapsed and have been in and out of jail/prison/rehab several times in the last ten years. They have not gone 12 months clean between relapses. Criminal history includes theft, burglary, possession, and a few other things that don't come to mind right now.

In the past it's always been my parents who took care of the 2 children when my sister and or her boyfriend were locked up or in rehab. They're getting too old to be raising their grandchildren so my wife and I filed for emergency custody.

The catalyst to all this was last Thursday. My sister called our mother in a panic Thursday night and said the kids aren't safe in the house. She said they had to be picked up immediately. Our mother did so. Friday morning my sister called again and said she needed to be picked up at 7am in a city 30 minutes from her home and admitted to using cocaine. She wasn't at the designated pickup spot and didn't make contact for another 10 hours. Around 5pm she called again and explained it wasn't safe for her to be picked up because she had been spotted. She asked my wife if we could take the kids to keep them safe and she agreed. At some point in the night she made it home again. Her state of paranoid psychosis went on all through Saturday as well. She was arrested in the morning and shortly released after being pulled over for reckless driving. I picked her up midday after she fled from her home while high on cocaine. I had never seen her in this bad of shape before. she hadn't slept in four days. She explained how someone had broken into her house and she bolted out the door immediately. She ran a mile through the woods with no shoes on before I got her. She explained the conspiracy of her boyfriend trying to frame her for felony distribution charges and how he had wire tapped their house and was video recording everything she did. None of this is based in reality. There were no signs of forced entry into her home when we went by later that day and no signs of any recording equipment. She made amends with her boyfriend and slept all day Sunday. On Monday she wanted to have her kids back and was told she would need to call the police to have them removed from our parents' home because she wasn't in a state to care for them.

My wife and I decided it was time to step in and try to take custody before the kids we're put in any more unstable and dangerous situations. My sister begged us not to do it and said she was fine she just needed sleep. She is refusing professional treatment because, "cocaine isn't additive".

I know we're are fighting an uphill battle to remove children from their biological parents' custody. We have a hearing Friday morning. What can we do to prepare? I am willing to take ANY advice no matter how obvious it may seem to a professional. We love these kids and want them to be safe. Thank you in advance!

Answer:
 Have you been talking to the police about her drug fueled shenanigans? Has she tested positive for drugs, and on how many recent occasions? Does she have a medical history related to illicit drug use?

Please call the police the next time she's on a bender or acting erratically. They can argue probable cause to search the house for drugs depending on her behaviour, and might be able to get her tested involuntarily.

Definitely police reports and test results will give a concrete picture that remaining with the parents is unsafe for these small children.


Title: My friend punched his (now ex) boyfriend in the face.

Question:
On mobile so I apologize for any typos.

My friend, M, was in a disagreement with his boyfriend, R, on Wednesday. R was telling M how much of a piece of crap his family is and how they are terrible people. M said something along the lines of, "Say it again and see what happens." Well, R pushed on and said the same thing. M punched him in the face, knocked him out, then R called his dad over once he got up. He punched M, and then his dad got there. His dad told M to leave so he did. Found out later they called the cops and filed a report. The departments website said the case was a simple assault,  and that it was closed. R went to the hospital, with no health insurance, and now he is all over his Facebook saying on how he is going to sue M to pay for all of his hospital bills. Alcohol was involved. Currently there are no witnesses of this occurrence. R's face consists of a black eye and possibly a fractured jaw. He got his jaw wired just a few hours ago. M also has a medical report stating that he was struck back.

Can R sue M to cover the hospital bills?

Is there any way M can be criminally charged?

Thank you in advance.

Answer:
 > Can R sue M to cover the hospital bills?

Yes.

> Is there any way M can be criminally charged?

Yes.


Title: [PA] I was pulled over for a faulty brake light that actually was working. (Update)

Question:
About a month ago, I posted that I was pulled over for a faulty brake light.

Long story short. I 'Pulled over' at my parents house, which was my destination, the officer recognized me and let me off with a quick warning. I got out of my car and asked him to test the light and it came on. I was confused but I have a 2004 Ford and just assumed the light didn't come on. Later on it came out that my auto insurance was invalid. I didn't know it, but work had been holding my checks for a while and it really didn't surprise me.

Fast Forward to today. I had money and my mother needed food, so I offered to buy her groceries. She drove her car and we were pulled over by the same police agency. The reason for the pull over was the same they gave me, failed brake lights. I asked to step out of the car to look at the lights and they said stay in. So I did.

They left, and again the brake light was completely operable.

My mother wasn't cited for anything and just given a verbal warning, but I talked to several friends and apparently this has been a new common thing (pulling over cars, blaming brake lights, and then just checking for intoxication or something).

My question is what do we do?  I know my brake light had and still works fine, so does my mothers, and so do my friends.

Answer: Check to make sure the bulb is seated properly. It's possible the connection is bad and the bulb is only intermittently working.


Title: Do I have to report all income?

Question:
okay this is important.I wanna do freelance work to earn some side money.I got a PayPal account but no bank account.

I'm in a really bad financial situation and living under section 8 housing with family members...do I have to report PayPal earnings to section 8? Btw ,I'm in Philly.

Answer: Yes


Title: The Chicago police walked into my apartment because the door wasn’t fully latched and found pot. Please help know my rights!

Question: Neighbor called and said it smelled like Mj and gave my apartment number. Police officer opened my door and saw bag of mj and arrested me. I need to beat this case as I have multiple priors. 😣 Can I claim illegal search?

Answer: You have a right to a lawyer and I suggest you use it because things don't look good for your future.


Title: is this legal?

Question: My friend knows my sisters age because I told him. I told him not to give it away today and he told it to someone from the internet. I really couldn't find any answers.

Answer: Your sister’s age is not a state secret Answer #2: The age of a person is not a secret. Certain professionals have an obligation to respect the privacy of their clients but random people are not obligated to respect your privacy.Answer #3: It's not illegal and you didn't respect her privacy yourself as you started this chain by giving it out.


Title: Doctors office just sent me their entire patient schedule with full info

Question:
A few years back I went to a pretty well known and prestigious medical institute for a consultation. Just a one time thing, nothing major.

I opened my email today and saw that I had an email from them. The email was sent to myself and about 5 other people within the institute (their emails had a domain name for the institute. I just have a gmail account). The email contained a PDF attachment that listed their schedule for the remainder of the week. I’m talking full patient name, date of birth, address, phone number, how much they owe, and their ailment. It’s about 50 patients total.

Now I’m no lawyer but this clearly shouldn’t have happened. I called the institute and the later who answered started freaking out and asked me to shred it. I told her it was emailed to me, not physically mailed.

My information wasn’t on this schedule. Just a bunch of random patients. I’m not sure what to do now. Do I call a lawyer and let them know what happened? Is there a state board I can let know? Or should I just ignore it. I’m not looking to get anyone in trouble and I know mistakes happen but this seems like a pretty big screw up.

Answer:
 You Called them and now you just delete it. Done. Answer #2: NAL — Contact HHS and make a formal HIPAA complaint.

https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf


Title: Mother is only allowing me to work 25 hours a week during the summer time because we can't afford health insurance

Question:
I'm not sure if this belongs here but...

I don't really have many details regarding this but it just infuriates me and want to know my options if any.

I've been working at a major fast good place for the last year and a halfish now. I'm a Junior in high school. This last summer I was working 36 hours a week. Since school has started, I've been working 20 hours. Today, my mother has informed me that during the summer next year I can't work more than 25 hours a week because of some weird shit with our health insurance.

We're extremely poor. I believe we have free health insurance or some shit like that where my mother has to pay little to nothing. Now that I'm talking about it, she has like Molina health insurance or something. I'm not really sure if she pays or not, but I know I have free insurance.

She said that I could only work 25 hours per week because if I work more than she will be kicked off of insurance. She also stated that we were like $200 from being kicked off the insurance. I'm guessing it's a free state insurance for the poor. And she said that if I wanted to work more, then I better start paying for her insurance. I'm livid. I shouldn't have to restrict my hours and my opportunity to make money because of health insurance. I have my own bills to pay; car insurance, eye contacts, phone bill, gas, etc. I have to buy my own clothes, school supplies, food, etc. 25 hours a week in the summer seems very unreasonable to me because I have more opportunity to work more and make more money in the summer.

It just seems like a slap in the face to me. I want to know if there is any legal advice I could get or just any advice in general.

Thank you.

Answer:
 It’s called poverty.  While I am sure there will be legal minds right behind my post whom know much more than I do with many details, just know you’re not alone.

You absolutely want to have some level of health insurance.  If you live in poverty and are unemployed, the Government will help with this situation.

Ex; make $1000.00 a month and you get free health insurance.

If you make > $1,200.00 a month (minimum wage x _ _ hours) then your free health coverage is taken away because you’ve exhibited to the ability to make it on your own via Governments opinion.

Let’s say you make $1,350.00 a month with your added hours but now you have to cough up $450.00 for health insurance on a private plan.... it isn’t worth it.

Work the 25 hours she requests and then use the other 10 hours to study and get better grades.  Play the long game.  The fact that you’re this mature as a junior in HS and it makes you upset shows good character and drive.  You’re already on the track to success.

Sincerely, I mean it.  Play the long game and you’ll see your life transform... patience is a virtue.  Study finance or economics, you might be intrigued. Namaste. Answer #2: You need to channel that energy into understanding the situation.  So let's say you do work that extra amount and your insurance gets cancelled and your mother gets sick and cannot afford basic care.  Would that be worth the extra $100?

Does  your mother take meds?  With insurance some meds are free.  Without, it becomes $500/month easy.  You want to make an extra $100 and have your mother go without her blood pressure meds?


Title: (FLORIDA) I’m 17 in high school. A student in my classroom has accessed my computer and sent himself work from my account.

Question: I know this isn’t exactly a normal post here, and if this gets resolved by the school i really don’t need anything from here. But, if the school does nothing about it and my grade retains a 0 for the work that was stolen and turned in by the student, what can I do?

Answer:
 How did he get access and how do you know it was him?

If you have good evidence for this, approach the staff with it. You should be able to show an earlier copy of the work on your computer. If you have earlier drafts with earlier dates, hold onto those and show them those as well.

If you get no joy with the admin at your school, maybe get your parents to contact the school board or superintendent.

If the school doesn't do anything, you could in theory contact the police, but I'm sot sure how seriously they would take it. While illegal access is technically a crime, I wouldn't be surprised if they didn't act in this case.Answer #2: Have you spoken to the instructor of the class about this?Answer #3: Former teacher here. Get your parents involved. Ideally your teacher and the administrators will be equally interested in resolving this properly no matter who is approaching them.

Realistically, you're going to get much better results if you have a bulldog of a parent breathing down their necks and threatening to take it up the chain of command.Answer #4: Did you ever submit the work yourself?


Title: Walmart and my missing foot. Is it legal to ask for a doctors note to verify my amputation IS PERMANENT.

Question:
 i WORKED FOR WALMART  and i had to have a doctors note to get a new job inside the company. The job i was doing had duties including carrying heavy boxes all day and walking excessively. I asked to be placed IN A different position in the company. Walmart required me to get a letter from my doctor stating that my sysmes (entire foot) amputation was permanent. After i got the note they placed me in a job function where i am required to walk all day and i now push a very heavy cart. I fell like they shouldn't be aloud to make me get a note on something that is never going to grow back but did they break the law?
 Edit i live in New Mexico USA

Answer:
 No, they're just stupid, they did not break the law.

You need to work up the chain with human resources in order to obtain an accommodation appropriate for your situation. Answer #2: Do they think your foot is going to grow back or something?Answer #3: You said you "workED" for Walmart, as in you don't work there any longer. Is that true?

And if don't work there any longer, what are you trying to accomplish?Answer #4: When you are injured on the job (or away, for that matter), there are a few "terms of art" that you'll see come up.
A few of these are 1) Temporary total disability (TTD); 2) Partial permanent disability(PPD); and 3) maximum medical improvement (MMI).

Temporary total disability is that time period where you couldn't perform any work.  Obviously, you're not going to be reporting for your shift the day you had your foot amputated.

Partial permanent disability is essentially the function you will have after you have gotten as well as you're going to get (that's MMI).

My guess is they aren't interested in your doctor's opinion about whether your foot will grow back (lol), but rather 1) whether you've reached maximum medical improvement; and 2) what level of disability you now have.

After that, it's up to them to accommodate your disability if reasonable.


Title: I was in a fender bender and not at fault. The person still has not given me their insurance information (many excuses) and it has been 4 days since the accident. How do I make sure I get compensated?

Question:
At the scene of the accident she said everything from her glovebox was stolen so she didn't have any information to give me. I took a picture of her ID and VIN. She gave me her home address, work address, and phone number. [Here are the excuses.](https://snag.gy/xwiJoh.jpg) I am now doubting I'll get her insurance information.

What are my options? This car is legally in my name but I am borrowing it from cousin since my car failed on me.

Answer: She doesn't have insurance. Make a claim with your or your cousin's insurance


Title: Is it appropriate to consider prior criminal history when determining probable cause?

Question:
I'm on a Grand Jury, and several of the jurors always ask about prior criminal history before we vote on an indictment. If the accused has a history, they almost always vote for the indictment because "they did it before, they probably did it this time, too". However, my understanding was that probable cause should only relate to the current facts of the case on hand. When we asked the DA to clarify, he didn't give us an actual answer and side stepped the question.

Edit: I'm in Texas, Harris County

Answer:
 I'm a prosecutor.  I ALWAYS tell the grand jury they can't use prior criminal history, unless a prior criminal conviction is part of the current crime, such has a violent felon possessing a firearm or a prior conviction escalates the level of the crime.  Generally a prosecutor can't get a prior conviction into evidence at trial unless the defendant testifies or it is part of the current statute so it shouldn't be used in determining if the person should be charged.Answer #2: Texas cop here (my city is even partly in Harris county). I'm not even allowed to put criminal history in my report, unless it's necessary for the charge (previous convictions of DWI, felonies/family violence for possession of firearm by prohibited person, etc etc).

I say no. Probable cause itself needs to stand on its own at that time. What's allowed in trial may be different when determining guilt or innocence. Probable cause and beyond a reasonable doubt are two very different beasts.Answer #3: It might be, prior acts can be used to establish a MO.  The seminal case is about a guy who drowned 3 wives.  In the third case the court decided that testimony about the 1st two could come in as evidence that the guy had a MO of drowning wives in bathtubs.


Title: [MD] Is it legal to petition against a teacher?

Question:
Hey guys,

I am in a chemistry class in which most students are failing. I talk to many people after school, and everyone who I spoken with who has her as a teacher is not doing well. We all agree that she doesn't do her job correctly and in addition after looking her up onto ratemyteacher.com she has the worst ratings from the school and out of 5 she has an average rating of 1.3.

Most of class she is on her computer doing something completely irrelevant to teaching anything, and every day we do packets. Since she legitimately teaches at most once every three weeks most of us don't get the course material and had it not been for an older sibling who is teaching me everything I would be failing too.

All my classmates and I would like to draft a petition that will help our situation. We don't want to get her fired but at the same time we feel that her being re-trained that would be beneficial to our education.

Would appreciate any advice!

Answer:
 Is it legal?  As in, are you going to get arrested and charged with a crime?  No.  The school could discipline you if they wanted to.

This sounds like high school.  You could complain to the principal directly, if you wanted.  This may or may not get you all in trouble.
Answer #2: This sounds like something that should be taken up the chain of command at your school, including your school board, prior to filing a "petition."


Title: Walmart accessed my boyfriend's phone number?

Question:
I am going to start off by saying this is not operator error... I know I have never entered my boyfriend's phone number into Walmart's App.

So, I made a Walmart pickup scheduled for tonight and forgot all about it. I later got a text from my boyfriend and he said he got a call from Walmart asking for me and saying my order was ready. I have NEVER put my boyfriend's phone number ANYWHERE online. I don't even know his phone number by heart. I went on the app and my phone number is listed for the pickup order.

He and I are both very creeped out. I am 1) wondering if this is any sort of breach on mine or his legal privacy and 2) is there anything I can do about this.

TLDR: Walmart called my boyfriend for a pickup asking for me but I have never given them his phone number.

Answer:
 >  I am 1) wondering if this is any sort of breach on mine or his legal privacy and 2) is there anything I can do about this.

First, calling to tell someone about your order isn't illegal.

Second, you don't know how this happened, so you can't seek action against anyone.

Third, it is strongly unlikely that Walmart went out of their way to locate your boyfriend's phone number.  It is strongly likely that your account and your boyfriend's are linked in some way, either directly or indirectly, and no violation of any kind has occurred.Answer #2: 1. No.

2.  No.


Title: [Ontario Canada] Dog daycare nightmare (xpost /r/dogs)

Question:
My dog has been going to the same daycare for 8 months. He is a Lab, very friendly and excitable, great with other dogs, daycare never had a bad thing to say about him. Last week I renewed his monthly pass for $400. Two days later I get a call that he attacked another dog and some of the staff members so he is now banned and I need to come and get him. I try to give the daycare the benefit of the doubt- after all, I am a pretty good customer, so why would they lie about my dog? But he has never attacked another dog and never shown even the slightest bit of aggression towards humans, so I am just baffled.

When I picked him up, he seemed perfectly normal, happy to see me, tail wagging away. I asked them to explain the incident and they said that another dog got injured in an unrelated event, my dog jumped on her and then snapped at the staff members when they tried to grab his collar. They didn't say anything about him injuring the other dog but they said that he didn't actually attack the staff, just snapped at them. The person I talked to even said that she thought he snapped at them because he thought they were another dog going after his collar (which is exactly why you don't break up a dog fight like that).

At this point I have accepted that he is no longer welcome there, but when I ask for my money back they said they don't do refunds for aggression. I pressed the issue and they gave me the owner's email. I sent her a long, apologetic email in the hopes of settling this amicably (even though I don't believe their version of the incident) but the owner has yet to respond. I regret sending the email now because I feel like I accepted too much responsibility for the incident, but I really hoped she would do the right thing.

At this point, my options are to try and chase down the owner (she is never at the daycare), give up on the money completely, or to do a chargeback on my credit card. Technically they are refusing to render services that I paid for. The contract I signed says no refunds and says that aggressive dogs won't be accepted, but doesn't say anything about what happens if they decide not to accept your dog after you've already paid.

Is it worth doing a chargeback? Is that email going to bite me in the ass?

Answer:
 Do a chargeback immediately. Card companies will generally favor their card holder. Answer #2: I don't have any legal advice but you may want to schedule a vet visit for your dog. Sudden aggression can mean a lot of things; the most common one being pain.

Also why the fuck did they try to grab his collar? If they got that would have been completely their fault. How do dog daycare workers not know how to break up a fight!? It sounds like a good place to get out of.


Title: Child abuse.

Question:
I was physically assaulted (I’m a minor) by my moms boyfriend two nights ago at the hospital I told the officer I didn’t want to press charges, I am now realizing by many people that it wasent’ a minor incident and I should’ve pressed chargers, now can I still press charges even though previously said I didn’t want to? (Idaho)
Topic:
Juvenile and Youth Law

Answer: Call the police station and talk to the officer


Title: (CO). My employer has been withholding my paycheck.

Question:
My employer has withheld my paycheck for almost two weeks after the end of the pay period. After tomorrow it will be 14 days.  He has been citing cash flow problems as the reason.  It also the forth paycheck that has followed this pattern.

Further more as a manager I'm expected to occasionally spend my own money to purchase supplies and gas when needed. My employer has repeatedly said that I will be reimbursed.  But four months has passed since my first expense.

Does anyone know what I can do legally to get paid?  Hopefully without jeopardizing my job.

Answer:
 The business is failing.  You need to find another job right away, so that you aren't screwed out of a great deal of pay.

Do not purchase any more supplies or gas with your own money.

You can complain to your state labor agency about unpaid wages.  You can do this before or after you leave this job.  It is likely the employer is also messing up your tax withholding, so you might end up complaining to the state revenue agency/IRS as well.  Keep careful records of your hours and money owed.  Keep all paystubs you receive.

https://www.colorado.gov/pacific/cdle/complaint-forms


Title: My town incorrectly described venomous snakes in their animal ownership laws. Could I legally have one?

Question: [deleted]

Answer:
 There really are not any poisonous snakes.

You know what they mean and no judge in the world is going to rule in your favor in this case. Answer #2: PLEASE tell me when and where you plan to argue to a judge that a cobra (or rattlesnake or copperhead, etc.) is not prohibited by that law. I want to be there to see the look on his face. Answer #3: Try posting this to /r/reptiles, so you can learn why you shouldn't keep "hots"/venomous snakes.Answer #4: Even if you do get off on the first charge, all you will succeed in doing is have the city revise its ordinance to outlaw venomous snakes.

BTW, I think if the state and county correctly identify the snakes as venomous (as you suggest), instead of poisonous, your case is stronger.  Not at all convinced you'll win, but at least you'll have an argument that pases the laugh test and some proof that legislators can distinguish between the two.


Title: [US/FL] Is this Sexual Assault/Battery and what are out options?

Question:
Hello,

Sorry for the long post.

Last night, after her shift, my wife made me aware of a situation that happened at her work last week. She works at a popular, high-endish restaurant, and works very closely with the back of the house. There is this one guy that has always jokingly said stuff like "No one talk to (wife), she's mine". My wife has always responded by letting him know he doesn't own her and that she's happily married, but good try. This guy was one of the original people that opened up the restaurant, he's popular with all the staff/managers, is always seen as a "nice guy", and does the work of 4 people; essentially he's seen as highly valuable and super nice/non-threatening.

After my wife closed last week, he was walking out with her and as she was leaving, he goes in for a hug. He hasn't done this before, but my wife felt comfortable enough to give him a side hug. As she goes to leave, he firmly grabs her ass and squeezes, to the point where it kind of hurt. She immediately pushes him off and starts yelling at him. He sorts of laughs it off and responds with something along the lines of "damn girl, you just know you have a nice ass, so....". She lets him know that they are not ok and if it happens again, she will file a report on him. He then heads back into the kitchen where she hears him and the only witnesses laugh about it.

My wife contacts her best friends, which she also works with, and tells them what happens. One of them tells her to not say anything and just speak straight with the GM, the other said to file a report with the restaurant managers. She consults with the head chef over the weekend and he was upset about the situation and was gonna bring it up, but she told him not to; she didn't want to stir the pot, so to speak. Fast forward to yesterday, when she works with him again. They don't talk until the end of the night, when he starts trying to talk to her in a little more than friendly manner. She tells him to back off and that they are not on speaking terms. He gets offended and responds by saying "I thought you said if i did it again, we wouldn't be ok" and "really? fine, be that way". Given his attitude, she comes to the conclusion that he's not in the least sorry or is ignorant of his actions and how they made her feel; she's cried the last couple night (blamed it on her cycle) and i didn't know why until she told me the story.

She spoke with the managers and they started an official "investigation". However, the made her feel like they didn't believe her and kept trying to dissuade her from filing a report because "it is really serious" and "if you're lying, we'll fire you right now". That, combined with the fact that he is loved, the witnesses are his friends, and the camera's don't point into the location, makes this feel like an uphill battle. She keeps worrying that they're gonna fire her solely based on emotion and the value that guy brings, to sweep it all under the rug and if they do fire him that she will work in a hostile environment.

What are our options? Should we file a police report? Should we consult a lawyer? Would waiting for this restaurant "investigation" make it harder to file in the future? Should we wait for the "investigation"?

Answer:
 She can file a police report as she was the victim of sexual assault. She can speak with an attorney first if she wants. The longer she waits and the less she does about this, the less likely it’s going to be that the results are something she wants. They are probably looking for a way to fire her. Also she needs to stick to the facts of events at work and not blame herself. Answer #2: Report to law enforcement. This sounds like battery pursuant to FS 784.03 unless your partner was penetrated digitally in which case things are much worse.

Mantain any evidence if possible.

While Florida is an at will state, as others have suggested she may be a protected class.

Additionally, the bad press from firing a victim might not be in the employer's best interest. Still, be prepared to fight.


Title: Court date as stated on my traffic ticket was 10/18, case was settled on 10/13

Question:
I received a traffic ticket in Richmond, VA a couple months ago. The date to appear on the ticket was today, 10/18, at 1130am. About an hour ago, I checked the online court system to double check the time and date to appear, and saw that I was found guilty in absentia on 10/13.

I'm sitting in the courthouse parking lot right now, what are my options at this point?
Topic:
Traffic and Parking

Answer: Everything went better thqn expected. The clerk apparently removed the guilty verdict due to the error in the system and squeezed me in today. The ticketing officer wasn't in court,  so I entered a not guilty plea, which was accepted due to lack of evidence.Answer #2: Show the judge the ticket and get them reverse the 10/13 error.  Then enter whatever plea you planned on.  If they don't, then you find a lawyer and consult with them on your recourse.


Title: Just served papers for my wife

Question:
I just had a process server show up at my doorstep looking for my wife. I didn't give her any information or confirm that she was my wife or that she even lives here. I just expressed my surprise and she handed me papers. I started to look through them and she asked me for my information. I told her to give me a second as I would like to look at the papers she just handed to me before I start giving out my information to a total stranger. She huffed away saying "whatever man. I'm a process server."

&#x200B;

Anyway, the paperwork looks legitimate. It's regarding credit card debt from a long time ago that we just couldn't pay. We figured they'd send collections agencies after us and our credit score would drop but at least we wouldn't just keep throwing money away covering interest month after month while failing to reduce the actual debt. Eventually some creditor would offer to settle the debt at a reduced rate and we could evaluate our options then. Not great, I know. But money is tight and we were drowning.

&#x200B;

So now she's being summoned to court? over this debt. She's going to freak out when I show her this. Like her mental state is stressed a lot right now and this could be really bad for her. I'm not sure what to do, or how to evaluate the threat and help her cope with it.

&#x200B;

Any advice would be great.

Answer:
 You have debts. You’re either being sued for them or, depending on the age and if you’ve ignored other documents, already have a default judgment against you and now they want to start garnishing wages.

You resolve this by talking to the creditor and reaching a solution. Though that ship may have sailed since it’s gone to this point.Answer #2: "at least we wouldn't just keep throwing money away covering interest month after month while failing to reduce the actual debt."

You should be aware, if you're not already, that the interest continued to accrue every month along with fines for missing payments. Your best course of action is to contact the owner of the debt, which should be on the summons, and see if there is a way to settle this or set up a payment plan to avoid going to court. If the debt was sold to someone else it's probably a better situation for you. Try to work it out.

Do not ignore the summons.Answer #3: >I'm not sure what to do, or how to evaluate the threat and help her cope with it.

Paying your debt would solve the problem.Answer #4: Depending on what your total debts are it may be time to look at bankruptcyAnswer #5: Before making contact with the creditor, check out whether you have a statute of limitations defense.   It's possible that talking the the creditor can reset the clock (depending on the nature of the contact and the state laws)

&#x200B;

If statute of limitations does not help in your case, then consider that the fastest way to reach a point where the uncertainty is gone may be to get a settlement agreement with payment plan.


Title: Business partner used my AMEX card under false pretenses and racked up $60k in debt

Question:
Backstory: I am the co-owner (\~20%) of a mobile app startup with a colleague of mine, let's call him P.

In order to build up credit for our fledgling company, P and I both applied for a American Express Business Platinum card.  Since, P had been focused on the startup full time in the months prior, he didn't have any significant income to declare, so his application was rejected whereas mine on the other hand was approved because I've been working full time for another company throughout this whole endeavor.

As many of you are aware, the AMEX platinum card isn't a typical credit card but rather a charge card where the full balance needs to be paid off each month (or risk the debt being submitted to collections), so it's known to be very irresponsible and an all around terrible idea to use the card on expenses that aren't already accounted for in company funds. I made myself clear on numerous occasions both verbally on calls and through texts and WhatsApp messages that I refused to use the card on expenses that we hadn't already set aside company money to pay for, so often so that it would have been impossible for him to misinterpret / forget my personal policy around using the card.

A few months later, P arranged a call where he announced that a big player in the crypto venture capital space wanted to organize and finance a promotional event on our behalf in LA that would hopefully lead to interest from investors / possible deals, very exciting news but seemed a little bit too good to be true. I deeply regret not being more skeptical at this stage but alas I've definitely learned my lesson now. After this initial announcement, I didn't here anything about it for a few weeks until I got a series of WhatsApp messages from P. Our convo went like this:

\*\*P\*\*: (Attached screen shot of company bank account containing $24k) Hey. I will need to use the Amex to make some payments for Monday’s event starting tomorrow in. The cash is already in the account for anything that will be used and we have an additional $60k pending to close tomorrow as well.

\*\*Me\*\*: Why exactly do you need it again?
\*\*P\*\*: We will have over $40k in the account tomorrow but most of these expenses are cash or card only and I don’t want to pay cash. I want a paper trail for each transaction.

\*\*Me\*\*: Why did you wait until the last minute for this? I don't have it on me and this is quite an inconvenience for me.

\*\*P\*\*: True. All the sponsors started to cut the checks on the last 3 day lol.

I then sent him the card info (huge freaking mistake, I know) and asked him to keep me updated on each expense by emailing the receipts. 2 days go by and I log into AMEX to see a balance of $63k. I almost had a heart attack right then and there, but I calmed down knowing that he agreed to use it only on expenses that we already had money in the bank for. I find out later that "All the sponsors" meant only 1 of the sponsors cut a check which was the original $24k deposited in the account, and that was used in a separate transaction to pay one of the event promoters in cash. All of the other sponsorships never existed / materialized. Once the dust settled about a week later, I learned that P had run up $63k dollars on my card with no way of paying it off, other than vague promises that the checks are right around the corner. I was livid. This mountain of debt was now in my name despite trying my hardest to prevent this exact scenario from occurring in the first place, and I had been lied to.

Looking back on this whole debacle I think P was in way over his head with the event and rather than cancel it due to lack of funds, he pressed on by using my AMEX card as a financial stop-gap in the hope that the event would garner enough interest that we would be able to pay the card off with future investment, which absolutely broke our agreement about the card usage and in my opinion constitutes some form of fraud. After repeated pleas for him to pay off the card, and no followthrough other than his continued claims that "the checks are right around the corner), I've had to enroll in a hardship program that allows for the total balance to be paid off in 12 months and have been making regular payments with my own personal money, since I'm personally liable for the debt and have excellent credit.

All the while, our startup has pretty much ceased to exist and I can barely reach him most of the time, which in my eyes proves that he knows that he screwed up and is trying to shy away from responsibility. He still claims to be working on the startup full time and doesn't have any other sources of income, so I'm hesitant to sue him since I'm not sure if I'll be able to collect, and I don't want to spend any more of my money on a lawyer. But honestly I'm just at a loss for what I should / can do.

&#x200B;

\*\*TL;DR\*\* Business partner claims that promotional event is being fully sponsored by 3rd party. Asks to use my AMEX for expenses already covered by money in the bank (shows screenshot of bank account). Racks up $63k in debt in my name. Uses money in the bank account to pay other expenses. Says that all of the deals fell through, and that there's no way of paying off the debt. I'm now stuck with $63k in AMEX debt.. FML

&#x200B;

&#x200B;

Answer: Suing him is your only option here.


Title: North West WA - I go to a private Christian school. A majority of the teachers don't have degrees. From what I've seen, they aren't qualified to teach. What can I do?

Question: [deleted]

Answer:
 > *Many private schools value work experience, knowledge, and natural teaching abilities over a certification or degree. It varies from school to school, but many private schools look beyond the teaching certificate or degree in education.*

Also [this](http://www.k12.wa.us/PrivateEd/PrivateSchools/).

> they copy pages from the book, and hand out packets of those pages to students...from what I know, this is illegal.

It's possible that they are violating copyright laws, yes.

> One of my teachers in particular was very open about his political views in class.

I went to a public school, where teachers needed degrees and certifications. And guess what. Many did this. It's not illegal. Though in many *public* schools if a teacher were to deny that racism exists, I can imagine the school board would take issue with that teacher.


Title: (OH) I was sexually assaulted this weekend. Unsure of the next steps I should take legally

Question:
I will try to be succinct because I know you guys appreciate that. If I need to clarify anything let me know.

I was sexually assaulted this weekend by an acquaintance at a bar. I am mid-20's female and he is mid-twenties (?) male. During the assault, he forcibly held my wrists which left bruises. He also bit my breast, which left bite marks and a substantial bruise. He also inserted fingers into my vagina.

I am also concerned that I may have been drugged as I got very drunk very quickly, felt extremely disoriented, and was very hungover the next day (which I never am). I also usually only drink 2-3 ciders when I am out so I don't feel like that is a lot.

After processing everything, I have decided to file a police report.

So my questions: Where do I file it? I live in another part of the city, about 15 min away from the bar. Which jurisdiction do I file in and how do I know?

I do not know his last name, he is friends with someone I play on a sports team with. Do I need to know his last name and how should I find that out?

What evidence do I need? I took pictures after I came home and I have my receipt from my Uber home at the time.

What if he just claims that it was a consensual thing? I have a boyfriend (who was out of state at the time) and I feel like the police won't believe me because I was drinking with a group of mostly males.

*edit- can I hire a lawyer to act/file on my behalf? I have been pretty traumatized by this and I feel like having a liaison would be helpful. What kind of lawyer handles these situations?

And just general: What should I expect from this process? I am really scared and anxious and I feel like knowing what will/could happen would help.

Thank you.

I am in Ohio.

Answer:
 Call the police that have jurisdiction in the town this occurred in. Everything else is the police's job, not yours.

Consider calling RAINN if you need someone to help and/or talk to. Best of luck to you. Answer #2: The RAINN National Sexual Assault Hotline is definitely a good resource to call: 800.656.4673

[Their website](https://www.rainn.org/about-national-sexual-assault-telephone-hotline) details many of the services they can offer you (confidentially, and for free).

They will be able to walk you through the process and put you in contact with local resources.


Title: Home was burglarized, suspect has been arrested. Can I sue for damages for property I will probably never see again?

Question:
My home was burglarized a little under a year ago and one of the suspects was just recently arrested in Utah and extradited back to Georgia where I live. The police didn't have enough to charge him with the burglary though they did suspect he was present but he was charged with several counts of felony theft by receiving as he fenced stolen goods at local pawn stores from not only me but others that also had their homes broken into and property stolen. I did recover a PS4 and Xbox One but also had about $14k worth of firearms stolen (I inadvertently left safe unlocked) that I highly doubt I'll ever see again. So my question is: do I have any options regarding lawsuit/ redress against this person to recover a monetary amount for damages? I know that because he wasn't actually the one charged with burglary and that individual remains at large that that may murky the waters a bit but I would really love to know what options I may have regarding any civil action I may be able to take against this person. Thanks in advance for your replies.

Edit: thank you all for replying. I do realize that as a burglar he probably doesn't have a ton of spare cash. I was thinking more along the line of a wage garnishment, lien or maybe seizing property like a car or something of that nature. Whether or not that's a viable option is another matter but that's what I'd had in mind.

Answer: Like thepatman and Zanctmao suggested, you **can** sue the person whom you suspect stole your property in civil court.  But whether or not that makes sense in the practical world is much less certain.  To start with, you would have to successfully serve them (perhaps possible if he is incarcerated, but probably less easily done if he is out on bail - although whomever is serving him for you might be able to catch him while he is in court for a hearing on his criminal charges and serve him there), and then you would have to prove that he stole your guns (not just that he somehow came into possession of your other stolen property), and finally, the hard part, if you got him served and won a civil judgment against him, then you would have to collect the judgment.  I assume the guy has no pot to piss in, so collection of any civil judgment will probably be very difficult.


Title: [VA] Landlord is suing for two months rent because we didn't notify him in advance that we were moving out at end of lease.

Question:
The lease we signed was a common law lease in Virginia with a term of one year to expire on July 31.  The option for automatic month-to-month extensions was declined.  When the time came for us to vacate, we moved out and assumed the landlord was aware the the lease expired.  The lease specifically states that "either party must notify the other" 60 days in advance before move out, however no notification was provided by either party.  The landlord is claiming two months rent because we didn't notify him but he was aware of our move out date since last year.  Is it somehow our responsibility to remind him and does he have a solid claim against us?

Copy of the lease:
http://www.promaxrealtors.com/Forms/DRAFT%20Lease%20Common%20Law.pdf
Topic:
Landlord Tenant Housing

Answer:
 > Is it somehow our responsibility to remind him\

Maybe I'm confused here.  You signed a contract that stated you would give 60 days notice before moving out.  You didn't give him any notice, and just left.  Now you're wondering if he's in the right to hold you to that contract?


Title: (Kansas) Want to evict renter from our home

Question:
Thirteen months ago we allowed a friend to move into our home. He was being evicted from his previous situation with short notice, and we had an extra bedroom and bathroom upstairs. We weren't looking for a renter, and don't need the extra income, but we decided to help a friend in need. We settled on a ridiculously low amount of rent ($300 for private large room and bath and all utilities) and gave it a go.

Over time this guy has become incredibly entitled and increasingly disrespectful of our home. We were dumb to think that we didn't need to set rules and boundaries from the beginning. He brings home girls he meets on hookup sites, and entertains them in our living room, which is way overstepping his rental expectations as we have expressed to him. Sometimes he lets then wander the house unsupervised, and because even he doesn't really know these girls it makes me very anxious and afraid for my safety. On several occasions they've left in the middle of the night and left the front door unlocked. He takes our food and cleaning supplies without asking. He talks really loud, had the TV too loud, and just makes a bunch of noise at all hours. His stuff has started creeping into other rooms without notice, taking up our living space. Just totally disrespectful of us, our property, and his place in this house as the renter of a single room. He thinks he owns the place!

We have plenty of reasons to ask him to leave, but I'm not sure the best way to go about it. Do I just give 30 days written notice? Do I have to give a written reason? What if he won't leave? I remember the last person he lived with had great difficulty getting him to leave. In hindsight, this was a terrible idea from the start!

Any advice welcome! Thanks.

(Sorry if I missed any important details. I should be asleep, but this guy was just down in the basement with his latest hookup playing with noisy power tools. I still have a hard time believing people this inconsiderate actually exist.)
Topic:
Landlord Tenant Housing

Answer:
 Just give him a written notice to move, allowing him 30 days as required by Kansas law and specifying the date on which his tenancy will end.

If he refuses to leave after those 30 days, you can file for eviction in court.


Title: Mother getting scammed, looking for advice in CA.

Question:
My first time posting to this sub and i’m at a loss. My mother (63 medical retirement due to MS) has been giving away all her and my Fathers (63 working two jobs because of her) money to a scammer. Last week she gave away at least $3,600 in gift cards to the same scammers who are her promising a grant for people who own and rent property. We have explained to her that it was a scam. In spite of this she is still taking out loans against her car (the only way she can get credit at this point) to pay these people in gift cards. My father had to pay over $6,000 to get her car out of impound the last time she defaulted on paying her loan against the car. We believe she has given more than $200,000 to these people in gift cards and bitcoin, nothing has been sent through USPS either direction. Everything has been transferred via email and text messages.

I’ve reached out for support from adult protective services and they told us there is nothing they can do but tell her they are scams and that she doesn’t meet their criteria anyway. We are at the point where the only thing we can think to do is get her declared incompetent. In order to stop her from throwing away money in the meantime we are planning on cutting off her email, change her phone numbers and wipe her phone to factory restart in an attempt to stop this until we can talk to a lawyer about getting her declared incompetent.

Is there any chance we could be in legal trouble for the steps we plan on taking? Is falling for a scam for 3 years with hard evidence for at least the last 3 months going to be enough to get her declared incompetent? Is this the right path to take? And last what kind of lawyer should we look for? We are in yolo county California and i’m happy an answer any questions that will better inform you. Thank you for any guidance you can provide.

Answer:
 OP- I've got two suggestions for you:

(1) Try to persuade your mother to see a therapist. The therapist can either determine that is really is mentally incompetent, *or* perhaps there's a reason why she's falling victim to what seem like obvious scams.

(2) Work with your father to freeze her credit. This will essentially prevent her from getting new loans because the loan servicer won't be able to run her credit history without a password/pin.Answer #2: I would suggest having your father separate his financials from your mother. Have him deposit all of the money he makes into bank accounts only in his name. If your mother keeps taking loans out on her car and won't see reason, bailing her out only allows her to continue her behavior. If you let her lose her car, she can't take any more loans out on it. Her credit sounds shot anyway. Your father can just buy her another one, keep the title in his name, and let her drive it. If she won't listen to reason, denying her access to your father's money is a good way to limit her spending. He can always give her an allowance to continue her current quality of life.


Title: [IL] Did the police officers go too far in my interrogation

Question:
I was arrested for drug possession and am a minor. When I was taken in for an interrogation I stated that I wished to remain silent until my parents were present to advise me of my rights or until council was present.

The juvenile officer who was acting as my guardian advised me to not invoke my rights and encouraged me to cooperate. The arresting officer stated that if I went along with their questioning they would offer a lenient sentence, but if I refused and chose to remain silent and get a lawyer he threatened to charge me with distribution of a controlled substance, using a vehicle in the commission of a felony and make me do a drug urine test.

If I state that I am remaining silent or that I want a lawyer must the officer stop the interrogation, and was the behavior of the officer unlawful?

Answer:
 When you said that you wanted to remain silent, was that part of the recording they made during the interrogation?

After the officer suggested that you ~~testify~~ provide a statement, did you sign a piece of paper saying that you were waiving your rights?


Title: Am I legally obligated to provide my apartment complex with a sample of my dog's DNA?

Question:
Hello r/legaladvice,

I have searched through the subreddit for similar posts and, while I did find some related posts, none provided me with a concrete answer.

I rent an apartment in NC in a complex that has recently informed the residents that they plan to institute a “Pooprints” program where they collect a sample of your dog’s DNA and then they can compare to dog waste left in the common areas of the apartment complex. They also want to increase the pet waste fee from $50 to $350 for the first infraction and $400 for the second and third, the third possibly resulting in eviction.

This was not part of the lease agreement when I moved in or renewed for a second year. However, there is a clause that says they can change rules for the safety of the common areas.

Are fees considered “rules”? I would have never moved in if I knew there was a $350 charge for pet waste. I wouldn’t risk the possibility of being wrongfully accused for $350. Is my landlord allowed to raise fees like this in the middle of a lease? Are there limits to the amount fees can be raised? The landlord has effectively raised the fees 7-8 times what I agreed to in my lease.

I also have an issue with my pet’s DNA being forcibly collected. Again, I would have never moved in if this was originally part of the lease. The apartment complex does not own the database the information is going to and, from what I understand, neither does Pooprints, the company that the apartment will be paying for testing and results.

**Am I legally obligated to provide my apartment complex with a sample of my dogs DNA as part of my lease agreement, specifically in the middle of the lease agreement?**

Thank you for the help!

**EDIT 12:41 EST**

Some of you have asked for the pertinent Lease Agreement sections. Here are the parts that deal with pets in my lease:

1(I). MISCELLANEOUS FEES/CHARGES.
PET FEES (per pet): $300.00
Pet waste fine per incident: $50.00

G. While the Deposit may be increased as shown in Paragraph 1(H) due to the presence of a pet, the Deposit can be applied as set forth in Paragraphs 5(E)(1) through 5(E)(8) and not just to those damages that may be attributed to the presence of a pet. You agree that the Deposit is not to be considered a non-refundable pet fee or separate monthly pet rent. You agree that any non-refundable pet fee or monthly pet rent serves only as consideration for Your privilege of maintaining a pet at the Home and not as payment for future damages relating to said pet. As such, You also agree that any non-refundable pet fee or monthly pet rent is not subject to the deposit itemization requirements at lease termination.

6. PETS
A. No animals, birds, or pets of any kind shall be permitted in the Home at any time without Our express, written consent, which shall be documented in a separate Pet Agreement. You understand and agree that We have the sole discretion and absolute right to determine regarding what animals, if any, will be allowed to enter or remain in the Home, although reasonable accommodations will be made where otherwise required by law. You further understand and agree that even if We permit a pet in the Home, the pet must be removed from the Home if, in Our sole discretion, We determine that the pet constitutes a nuisance, creates a disturbance, or causes damage, poses a threat to the safety of any person or property, or is no longer desirable. Should we discover that You have or had an unauthorized pet in the Home during Your tenancy (whether or not Our discovery of the unauthorized per occurs during Your tenancy or thereafter), You agree that You shall be liable to Us for the immediate payment of any and all non-refundable pet fees and pet rents and pet deposits normally due to Us pursuant to Our rules and regulations, or pursuant to Our normal charges and fees. You understand and agree that it is unreasonable for You to demand that We ascertain the exact date and time that any unauthorized pet was present in the Home for the purpose of establishing a prorated sum; accordingly, for the purposes of assessing the amount of said pet fees and pet rents and pet deposits that You owe to Us, You agree that such amounts shall be calculated as though the unauthorized pets were present in the Home on the first day of the initial lease term. In the event You fail to tender these sums immediately upon Our demand, it will constitute Your default of this Agreement.

B. You understand and agree that the presence of pet urine or other animal waste that may be deposited in the carpeting or on the flooring of the Home during Your tenancy represents certain biological, health, and safety hazards--as well as offensive odors--for Yourself and for future and neighboring tenants. Due to (1) the unique characteristics of animal urine and other animal waste and its damaging effects on carpet, carpet padding, and flooring and (2) the unlikelihood of cleaning such damages to the satisfaction of future tenants, You agree that the presence of animal urine or animal waste in the carpet or flooring of the Home You understand and agree that, in any event, You shall be fully responsible for the value of replacement and installation of carpet, flooring, and/or fixtures necessitated by the presence of animal urine or other animal waste found by Us in the carpeting or flooring of the Home, and that the Deposit referenced in Paragraph 1(H) may be applied to such damages, though You shall be fully liable to Us for any deficiency. The replacement value of carpet, flooring, and fixtures shall be prorated based on the respective age of the item(s) at the time of replacement as compared to the original expected life of the respective item(s).

C.  You understand and agree that the presence of pets in the Home may hinder Our ability to re-rent the Home to a future tenant, due to specific odors, dander, fleas, and other characteristics that may be objectionable to future tenants. As such, You agree that You shall be liable to Us for any costs associated with (1) deodorizing the Home, and (2) professionally treating the Home for the actual or suspected presence of fleas or ticks.

Answer:
 They could certainly not renew your lease for non-compliance and it may put you on a list to be fined for anything they can fine you for. But the whole "dog privacy" thing is a non-starter. Dogs have no right to privacy.

Just curious are they making you bring your animal in for testing or just requiring you to submit a sample? Because if it's the second thing this whole venture is pointless because people will just find some random dog crap somewhere else and say it belongs to their dog.


Title: Charged with "Tampering With Fire Apparatus"

Question: [deleted]

Answer:
 > Does anyone have any information that could help me out in regards to this?

Yes, get an attorney. What you did was stupid and literally put lives at risk. Making a full confession was even stupider.  And don't take legal advice from cops.Answer #2: Just in general, so that people know for the future: removing or disabling smoke detectors in any multiple dwelling building (condo, hotel, apartments, dorm, whatever) is generally prohibited by law, due to the risk to others.  So don't do that.


Title: [PA] Grandmother refused medical treatment due to non-payment

Question:
So my grandmother has been going through some things for the past 5 or so years. Fixing her eyes, her nose, her back, etc.. now she has stomach problems (I think she said it was clotting or something) her doctor scheduled surgery. But, she got a call from administration saying her surgery will be cancelled unless she pays so much on her hospital bill.

There was a couple times where she went in for surgery, got put under, and when she woke she found out the doctor didn't do anything. She still got a bill for at least the anesthetic.

Don't get me wrong, I know how important it is to pay bills, but I thought it was illegal to refuse medical care. Can anyone else clear this up for me please?

Answer: It is only illegal to not provide emergency care. She must pay her hospital bill to get the surgery before she receives the services. It is no different then paying for anything else before you receive it.


Title: Parents are horrible and tonight was the boiling point. What can I do to protect myself?

Question:
(Sorry for formatting in advance, this just happened, on mobile, and I’ll add more on later)

Information that might be needed:
1. Yes I am a minor
2. I am not old enough to get a sustainable job or own housing
3. Go to public schooling
4. Live in US
5. Would rather not go into the foster system, as it is the US
6. One of my parents work in the foster system
7. Reside in Massachusetts

Let’s get this off with a little bit of backstory,

My parents have always been sort of horrible to me.  Since I was about 5, they literally tried to make my life a living hell.  From taking toys away to letting my older sisters harass me, and then punishing me for screaming. Now that I am a teenager, they make sure to put extreme pressure on me and never let up.  Every night my father comes home just looking for a fight (my mother once said that she thinks he’s bipolar, he hasn’t been tested or medicated for it) and complains about every single thing I do when he gets home, like “wow look on your phone all day and letting dishes pile up” when I have been there for 3 minutes and drinking lemonade. I try to explain to him, and he just interrupts me and goes in another room.  He then, not fifteen minutes later, starts complimenting literally every single thing I’ve cooked (not to brag, but I’m pretty adept for my age) and then pigs out on it. Later in the day, he gets extremely angry as I go on my daily schedule, (eating, schoolwork, showering, etc.) and goes back to complaining again. Every week or so he gets violent as well and starts punishing me for little things, even making up events like me not doing homework, then brings up my grades.

First, my mother though.  She used to be against my dad on how he treats me, flipping sides multiple times a week, most likely trying to gaslight me into trusting her more, like being super friendly one day and ignoring me constantly the next.

One thing that annoys me though is the way they blow things up. They SEE me working on my schoolwork, trying to bring up my grades, and still complains about it. I swear my parents are delusional, because stuff like this always happens. They brings back up something relatively smaller and tries to blow it up too. Got a D in one class? Now your failing the grade. Didn’t plan something with friends this weekend, even though we forced you to go to your sister’s entire tournament? Now you have no friends and it’s your fault. It’s ridiculous and they really only seem to do it to try and get me to tell them to leave me alone, which they also blow up, then use as an excuse to take things away.

That brings me to their circular logic, insult me about having no friends, I blow up because I’m tired of their constant teasing, get every form of technology taken away (not kidding, they even take the broken wii as well) and leave me home with no forms of communication or anything to do that doesn’t involve reading the same books again, which they try to turn into another fight.

This cycle is what I’m afraid of, it gets worse with my dad then repeats in a bi-monthly basis. At the end, he’s extremely violent, to the point of throwing me on the floor after choking me for 10 seconds.  I get that I was slightly aggressing him by yelling back at him and following him around, but he’s well over 40 and should act better, not by a few days later telling me that I deserved it, after a week ago telling me he hates seeing me happy. Then after the violent spur, they try to make it up to me in the cheapest way possible, like pretending to plan something with my friends with me or telling me that we’ll go out to eat “soon” ie: we’re either going to get crappy wings or leaving you alone for a day.

Another thing with the way that spend money on my siblings (two older sisters) they spend thousands on them yearly, and get them exactly what they want. Our family is going on two week long vacations for their soccer tournaments l, in which I get 5$ to spend on a crappy drink and sit in a hotel room the rest of the day.  Now when I ask you if you’ll help me pay for a new computer as the only one we have crashes from chrome, they call me crazy.  Yeah it’s a thousand, but you pay that yearly to get them new dresses. But I ask you to co pay, (in which I do extra chores every month while my sisters do jack shit) over 5 years is suddenly impossibly difficult.

For everything I am the last thought. Getting new mattresses, you’ll have to wait 4 years after your sisters get theirs. Need braces horribly as 3 of your teeth have almost been ground to nothing, and you can’t even brush properly, wait for your sister first.  Want us to support your hobbies , nope, gonna wait until you’ve grown out of that mindset and then force you to do it for 5 years.  Now your hobby is gaming since we have killed every other dream you’ve had, we’ll tough shit, you do no sports so we won’t help you with that, (after we made sure you could only play goalie when you liked soccer so you would get hurt and learn to hate it)

Now that the ranty section is out of the way, this night this happened. I was trying to sleep in bed listening to a podcast, and I hear my mother coming up the stairs.  So I pause it, as it’s a slightly offensive podcast and also the porn noises the guys sometimes make to keep you on your toes.  She immediately blows it up, and says that I’ve been on my phone playing games all night, as she somehow saw the light from the hallway (even though my brightness was super low from autodim and my door was closed) and then when I refused to give it to her she started blaming me for not sleeping, even though she just shone the flashlight directly into my face (300+ lumens, very directional) and turned on the light.  I am a very light sleeper at first, and then go into a extremely deep sleep later.  She still doesn’t understand that turning lights on wakes you up, tells me I’m making a mistake.

My dad then comes to my room and I quickly throw my phone between the mattress and base board and after telling me how much I’ll lose if I don’t give the phone to him, I’ll lose everything, (even though all the stuff he claims he’ll take away is taken away normally) he starts to rip apart my bed, like throwing away my blankets and stuff.  While I was trying to explain to him why it helps me fall asleep. His response? “Well if it helps you fall asleep, then why aren’t you listening to it now?” Like I’m an idiot enough to give you the thing you looking for that you surely won’t give back for at least a month at this point. Somehow he didn’t spot my phone, goes downstairs and unplugs the WiFi.

I,  of course connected to a hotspot out outside to type the majority of this on the phone, then snuck downstairs and plugged it back in.

Now my question is: What can I do to protect myself over the next few months to keep myself safe while being protected by law from anything my dad does to me, and what can I do to try and repair the broken way my family works?

Thanks, I’ll update the post later.  I’m going to get some sleep.  (It’s 2 am rn) then off to school.
Topic:
Juvenile and Youth Law

Answer:
 The only problem here is the choking/violence (if you aren't exaggerating).  That's not acceptable.

Everything else just sounds like you're entitled.  Your parents are allowed to be unhappy with your poor grades.

Your parents don't owe you a new computer.  Your parents have the right to take away/restrict your phone.  Hell, smart phones weren't a thing when I (and many redditors) were kids.

I get that it's rough being a teen but I think you should just make a better effort in school and stop feeling so entitled.

Answer #2: The only thing in here that is a legal issue is the violence. When someone assaults you, call the police.

Everything else is just possibly shitty parenting, but even that is questionable since we only have your side of the story.Answer #3: If there is an issue of actual violence talk to a teacher. They'll report any abuse you tell them about.

A lot of what you're saying is not a legal issue. Your parents can complain about your grades, or you not doing dishes. They can take away your phone and never give it back. They can ban you from playing video games or sports or make you spend a weekend at your sisters tournament. Those are not legal issues.


Title: I didn't file for 2018 will I be in trouble?

Question: What happens if I just don't file? It was just a part time job last year that I had for 4 months tops. That's all I worked last year. Id rather not contact these assholes for a W2 to be honest. What can I do?

Answer: If you owe taxes, you will be fined for unpaid taxes on top of what you owe. If you don’t owe, the IRS doesn’t really care when you file.


Title: Chipotle Hack cost me $1,000. But, I’ve got his personal infoo

Question:
So, I was in Basic Training (Columbia, SC) from late February to early May, and over the course of March, a nice guy in California managed to gain access to my Chipotle account. In total, $1,058.11 worth of orders were made. I noticed others had the same problem with their accounts, but most of them probably saw that they were hacked and were able to immediately dispute and change their password. Obviously, I didn’t have my phone in time, so he got away with it all. Until now.

This dumbass decided to change my profile name to his, as well as add his phone number to the account. I also have his address via the “thank you for your order” emails that I received. My question to you all: what kind of police report (if any) should I make? Should I report in my own jurisdiction, all the way across the country (Virginia)? Or should I go to his? I’ve gotten my money back through the bank, so financially I’m all set.

Am I missing anything else? Should I go after Chipotle for this?

TL;DR account got hacked and over $1,000 of food was ordered. Hacker is across the country and not sure what to do next regarding a police report

Answer:
 Since the orders are made & bank has to provide extra money to reimburse, you can assist the bank by giving them details, they will take care of their losses & will simply aid your goal.Answer #2: The info you have is more than likely fake. They got your password from another breach and use the account to sell food to other people, acting as a middleman. They run promotions on like Twitter for 50% your Chipotle order, the person pays them and they use your account for the order and you get charged and they make 100% profit.

The best thing you can do now is getting a new card and talk to your bank. Check out [https://haveibeenpwned.com/](https://haveibeenpwned.com/) to see what breaches you're in and stop reusing passwords. They could be hacking into other accounts of yours that used the same password so this issue could be getting worse without you knowing. Get a password manager as it helps solve the password problem you have.


Title: (Minnesota) Legality of building a portable "shed" on rental property.

Question:
I live in Mankato, Minnesota, and I'm moving into a house that does not have a garage for one year. My only method of transportation is a 35 year old moped that I've restored myself and is in beautiful condition. I don't consider it an option to leave the bike out in the rain or snow, so I need a place to store it. Could I possibly build a small wooden shed (not permanant) to house the bike and my tools? My landlord says that I cannot do it because it would raise the taxes on something and other things that I'm unsure of.

If this is too big, what about a wooden box that is just big enough for the bike to roll in to, with a closing top?

What's the biggest structure I can build without upsetting anyone? I just want to keep my bike safe.

If you guys don't know, who's the best person to ask about things like this?

Answer:
 > My landlord says that I cannot do it

Unless your lease specifically allows you to, then your landlord is free to tell you not to do this.  The law doesn't really come into play here.

You should ask him what he'd accept.


Title: Paying RENT although not on the LEASE! HELP!

Question:
So, my friend is technically paying rent without even being on the lease and he wants to know if he can sue or "something"

My friend "J" recently told me that he is no longer on his families lease (I don't know why) and cause of that he's afraid of having to get kicked out because he has no other place to STAY / LIVE. His mom apparently told him that he STILL has to pay rent but at a lower sum SINCE he still "lives there" (Even though his name is not on the lease.) Because of this he wants to know if he could LEGALLY sue for kinda being force to pay to "live under the radar" of his own home. Also if he won't get automatically kicked out the house if he serves her to court.

Any advice on this? Please assist.

Answer: No he can't sue for that. If he is not on the lease then he is free to move out but it's not a magic live here and get free rent deal.


Title: I may have been a victim of a blatant HIPAA violation (x-post from /r/HIPAA)

Question:
Yesterday I was hospitalized for surgery. Post-procedure, a friend asked (via group text) if I had been hospitalized.

On a side note, my girlfriend had taken a picture of me in the  hospital bed. At first I assumed she sent this picture to my friend and  this prompted him to inquire. This group chat only contains close  friends of mine, and I had no problem going into details of the  procedure. Previous to the surgery I had only told 1 of these friends about the procedure and he claims to have forgotten about it.

Today, the friend who had inquired about my hospitalization asked me  "do you know who did your imaging yesterday". I was confused. I asked  what he meant. Apparently an ex-girlfriend of mine was involved in my  imaging. She's the one who notified my friend about my medical visit.

I have not had any contact with this girl for many years. I don't  think I gave the hospital any permission to share any of my medical  information with anyone outside of my immediate family (mom, dad, sis, gf).

I am upset that this happened. I am concerned because I believe  nobody with this type judgement should be involved in the medical  community. I don't want to ruin this girl's life but this seems like a  blatant HIPAA violation.

State is MA if that changes anything.

Can anyone confirm/deny if this was a violation of my privacy? Should  I report this? What will be the consequences? What kind of process will I be involved in?

&#x200B;

EDIT: My ex-girlfriend and I had a brief relationship. We never had legal involvement (health care proxies, emergency contacts, shared living spaces, etc.).

Answer:
 Specifically what information was released?Answer #2: Yes, this is a violation. You should report it to the hospital via the patient relations/patient advocate department, provide the documentation, her name, etc.

HR *should* open an investigation, and she will likely be terminated if she shared protected health information about you--hospitals take HIPAA violations seriously because HIPAA violations can cost them thousands of dollars. After your initial report to a hospital representative, there would likely not be any further action required on your part.


Title: Mother in law thinks she has a case, I don't, for wrongful termination b/c of her mental disorder.

Question:
State of Minnesota

First of all let me say I don't know even close to the whole story, I'll lay out my understanding of the issue that I've gleaned over the times I've heard her address the issue. I've never discussed it directly with her.

She was a registered nurse at a large metro hospital for many years. Over the last year or two she worked there, mental disorders either intensified or developed. Result: psych ward trips, diagnosis of mental disorder, medication, a couple instances of interaction with police. There is official documentation of all of these, I'm sure.

Anyway, her paranoia focused strongly on the belief that a doctor and colleague at her workplace was stalking her, employing others to follow on his behalf. I assume this is all fabricated, but i have no idea if there's any basis in fact.

I also don't know if the hospital was aware of the nature of her delusions. I'm pretty sure she was fired and lost her registered nurse status for more than just being diagnosed with mental disorder. I'm pretty sure she did some crazy stuff at work and on duty.

So, if indeed there's some better reason than mental illness, for instance she went bat shit crazy, basically a scene nobody would look over and forget... can she possibly have a case for wrongful termination? She also wants to be reinstated as a registered nurse!

To me, the whole thing just seems like more bat shit crazy nonsense coming from her. But I admit I'm extremely biased. She's not unbalanced like back then (I didn't even know her 8 years ago) which is good, but she's certainly not sane. Or smart.

She wants to hire a lawyer, I want to save her the trouble. I'm sure some attorney would be able to force a small settlement, but is it worth the hassle?

Thanks if you read all of this.

Answer:
 > I'm sure some attorney would be able to force a small settlement, but is it worth the hassle?

I doubt that strongly.  Mainly because of this:

>  I'm pretty sure she did some crazy stuff at work and on duty.

...coupled with the fact that she lost her license.

It's not illegal to fire the disabled for non-performance of their duties.  If she was "being crazy" at work, that's termination for cause.  If she's unlicensed, that's even better termination for cause.

If she can't work as a nurse, her employer isn't forced to maintain her as a nurse.