Title: [NYC] Are hospitals allowed to profile patients based on ethnicity? I believe my employer is forcing me to do so (to people of my own ethnic group) but when I protested was told I have no choice.

Question:
I’m sorry if this is not the best place for this but I need to know if I’m being unreasonable or have an incorrect understanding of what is going on. I work for a large hospital system in the internal medicine dept in admin(I’m not a medical staff). One of my tasks is to take calls for appointments. We were recently told that we now have to ask patients if they live or work in any of the Orthodox Jewish communities (the script doesn’t say ‘Orthodox Jewish’ but lists the communities by name, ex: Williamsburg, Crown Heights, Midwood etc.) and if they answer yes we have to ask questions that screen for measles (do you have a fever etc) and read a disclaimer about the current measles outbreak that focuses on the importance of vaccinations.

We are required to ask the first question (about if they life /work in a Jewish community) only to people who eaither A: have their ethnicity listed as Jewish B: have their home or work address in one of these areas or C: have ‘hebrew’ listed as their primary or secondary language.

I personally think that this is clearly racial profiling which I thought was 100% illegal. They are not making us ask  these questions to everyone or read the disclaimer about vacations to everyone. They are specifically targeting people who are Jewish!

I am Jewish (though not orthodox) and when they informed us of this new policy I was pissed. I brought it to our compliance officer who then basically told me that there is nothing discrimatory and that this type of thing is perfectly ok and NOT covered under any of the discrimination protections.

Is that true? If they were making us ask these to everyone in order to screen since there IS an outbreak i’d get it but that’s not what’s happening. I checked and this questionnaire isn’t even implemented throughout the hospital system, just our and two other locations all three of which ‘coincidentally’ have a high percentage of Jewish (not just orthodox) patients.

Am I being too sensitive or am I right to think this can’t be legal?

Answer:
 Would you think it is wrong for the hospital to ask gay men if they are having unprotected sex, and then inform them of the importance of using protection to lower their risk of catching HIV/AIDS?

Yes, it is singling them out in some way - but I don't see how it is discrimination, because they aren't preventing them from getting care or making them pay more, right?

I mean you work in public health, your hospital is trying to inform the public about their health.Answer #2: Is the outbreak centered around those particular communities?Answer #3: This is not discrimination by ethnicity. This is a solid epidemiological strategy to identify potential exposure to / illness with a disease of public health significance.  The same was done across the country during the international SARS epidemic almost 20 years ago (Asian individuals and others with recent travel to certain locations in Asia)and the Ebola outbreak a few years ago (recent travel to certain regions in west Africa). It is designed to identify populations at increased risk prior to arrival at a healthcare facility and to prevent subsequent exposures of staff and patients.

Diseases don’t target specific ethnicities but they do tend to spread within communities. If the risk is greatest in a certain population / community, then efforts to identify and contain are best directed toward those groups. We’ve had several measles outbreaks here in Washington state (one ongoing now) and it standard practice to try to identify people from those communities prior to their arrival at the hospital.


Title: A company shipped me a guitar I didn't pay for and never asked for it back.

Question:
So to make this as short as possible I will summarize as best I can. May 19th of 2016 I ordered a guitar that costs roughly 500 dollars from a company in New York. 10 minutes after ordering I realized the guitar was not correct and so I asked to cancel my order to process a refund. They immediately obliged and said the refund is processing and the order has been completely cancelled before it was even packaged. Fast forward to 3 days later, I get an email notifying me that my package was on the way. I assume it's a fluke and just disregard it. Fast forward another 3 to 4 days and I've got the guitar on my doorstep. So I immediately call the company (in hindsight I should've emailed to have record of this) and explained what happened and that I didn't want to keep a guitar I hadn't paid for (by this time I already had my money back) They thanked me for my honesty and said they would email me a return label. 2 days later and still no return label, so I call again and explain everything all over again. They again say they are going to send me a return label but this time I double check with them that they have my email in the system correctly and they do.

Well of course another week goes by with still no label. I repeat this process again and well by now you know the result. So now it's been almost a year and I still have this guitar sitting in my closet still in its shipping box and they have never even tried to contact me. I have debated with myself whether I should just sell it since they don't even seem to care much about it and don't even realize it's gone. Plus I feel like at this point it's abandoned property. So my question is do I have the right to sell it given that I contacted them 3 times trying to get it back to them, I even went to email them when I realized that they do not even provide an email anywhere on their website. I absolutely will not ship it back to them with my own money as it can cost close to 100 dollars just to ship the thing. What should my next step be? I could really use the extra money but I don't want to get into legal trouble.

I'm in South Carolina by the btw.

Answer: Okay thank you for all of your advice everyone. I will be sending the letter ASAP


Title: Going to ask here because r/askpolice isn't very active. [PA]

Question:
A friend and I were pulled over just an hour ago. From the first thirty seconds of the stop there were at least 5 patrol cars present, pretty quick response time, right?

Before they even approached the vehicle I heard one officer say to another,
"Get the dash cam recording".

The stop went pretty much normal from there, nothing at all out of the ordinary until the end (after they ran our licenses so it wasn't to compare to warrants issued), until one officer whipped out a digital camera and took pictures of the car from the front & sides, than proceeded to take up close photos of my friend and I while still sitting in my car.

What is the reasoning for this? State building a case or something? Thanks all

Answer: They were looking for someone. That you left means it likely wasn't you.


Title: [KS] Am I legally required to notify police and help a driver who had an accident or can I be on my way?

Question: This applies specifically to aggressive drivers who demonstrate wreckless behavior due to road rage or trying get to egg someone on. If they wreck because of their actions and I am not directly involved, do I have to stop?

Answer:
 You have no duty to help others. You don't even need to call emergency services if you don't feel so inclined.

There may be some limited exceptions if you are a first responder like a paramedic or police officer.


Title: Store Owner Demands I Sign an Incriminating Letter

Question:
Hello all,

I am one of two assistant managers at a fairly small pick up & delivery restaurant chain franchise in Texas. I started working here as a cashier about 4 years ago or so. A relative of mine is the general manager who has been with the company for about 8 years or so.

Recently we have been faced with a rough patch at the store regarding staffing. We are extremely shorthanded on employees for all positions and there is seemingly nothing that can be done about this. We have tried ads, flyers, etc with no luck.

This has, in turn, started to affect the guests experience at this location which could eventually lower sales and may have started to already.

This has brought the demeanor of the store owner significantly down, and was in not too long ago and served us 3 managers with a letter stating "Managerial Deficiencies" in the store that "need to be addressed."

The dropped off this paper at the store not too long ago  which outlines absurd, untrue, and uninvestigated problems in the store such as:

Cash management problems

Staffing

Store maintenance

Marketing

Etc.

The owner want each of us to "acknowledge receipt by signing." However I do not feel comfortable signing such an incriminating paper that I do not agree with.

Do I have to sign this paper? If I do, then have I just signed that I will fix nonexistent problems with nonexistent solutions?

If I don't, what will happen? He told the general manager he wants the paper back with all signatures in 3 days.

Please advise.

Thank you all.

Topic:
Employment Law

Answer:
 Sign it, don’t sign it, it doesn’t matter. You are an at will employee and can be fired for any reason or no reason at all so long as the reason isn’t membership in a protected class or engaging in some protected activities.  The federally protected classes are race, color, national origin, sex, disability, religion, and age (which is 40+).  Some states add other categories. The federally protected activities are some protected collective bargaining activities, filing wage claims, filing EEOC claims, filing sexual harassment reports, filing reports with OSHA, and use of protected leave such as FMLA.

Not signing likely gets you immediately fired. Signing might set you up to be fired for “cause” but unless the cause is misconduct, and none of this would rise to that level, you would still be eligible for unemployment.  This isn’t “incriminating” it’s just a shitty boss.  Regardless of what else you do, it sounds like it’s time to look for a new job.


Title: [MA] Hypothetical questions about LEO searches and consent to search.

Question:
I have a few hypothetical questions about giving consent to search. I'll give some background first, I understand that a "controlling entity" can give LEOs permission to search my apartment such as a roommate or (I think.) even a guest, house sitter and the like. But I'm confused about a few things.

Assume my roommate gives a LEO consent to search, does that consent extend to my locked room? (Roommate does not have a key.)

What if I'm home and unaware that consent has been given am I able to revoke consent concerning my room? Can consent be revoked in general? Say I and a guest are chilling and I go to the bathroom, during that time the cops show up and my very dumb friend gives consent (If he can.) Can I revoke that consent? Is there a "controlling entity" hierarchy of some kind?

Also, a thing to note is there is no rental agreement between me and the landlord and no agreement between me and my roommate. If that makes any difference.

Answer:
 > Assume my roommate gives a LEO consent to search, does that consent extend to my locked room? (Roommate does not have a key.)

No.  If your personal room is locked and the roommate does not have a key, it would not be reasonable for the officer to assume that the roommate has control over that room sufficient to grant consent.  (Note, it's likely that even unlocked that search would be thrown out in court if you and your roommate have separate rooms).

> What if I'm home and unaware that consent has been given am I able to revoke consent concerning my room?

Not only can  you revoke consent to search your room, you can revoke consent to search **the entire apartment**.  If a present party refuses consent, that consent overrides the consent given by the other party.  (Note: this is different if you are not present-  you can't revoke consent over the phone, for example).


Title: Can I be charged for prank calling?

Question:
A few friends and I prank called some girls, and they traced the number and got the cops involved. They said that they could get me for child enticement, threatening and disorderly conduct. Apparently they want to press charges but I never said anything sexual or threatened them. We are all 17 and 16. The cop called me today and said he'll try to make sure they don't press charges and I probably won't hear from them again. The girls keep posting on instagram that they got someone for threatening them. This is happening in Wisconsin. What should I do?

Edit: how long would it take before I hear if they are pressing charges or not?

Edit2: Good news, not getting charged. Thanks for the info.

Answer: Tell me what you said and I'll tell you how it was illegal.


Title: Can I be charged by a hospital if I was a minor when I was hospitalized?

Question:
I’m not sure if this is the eight place to post this but I recently got a letter from the American medical collection agency saying that I owed $61 for tests ordered. When I went into the hospital for these I was still a minor but now I am 18. So what I want to know is if they can do this to me because it’s seems sketchy but then again I don’t know anything about this kind of stuff.

Here’s a picture of the letter they sent: https://imgur.com/gallery/tyaCs

Answer: Yup. You are an adult now so it transfers to you.


Title: Friend's parent's stand in way of getting antidepressants.

Question:
So, my friend is a minor in Tennessee in the US. She's been really depressed for a long time, and has tried to take her own life multiple times. She finally got the courage to tell her parent's about it,  and they said, and I quote "You choose to be an angsty teenager" and "it's because of your diet and not getting vitamin D". So, when her parents obviously don't take her problems seriously, what other avenues for therapy/antidepressants are there? Are there even any? I'm not even sure this is the  right sub to ask tbh.
Topic:
Juvenile and Youth Law

Answer:
 If you believe she's being neglected, contact child protective services. They can investigate, and intervene to help if necessary. It's not guaranteed that there's much _to_ do - not every jurisdiction treats mental health in minors as urgently as physical safety - but that's your best bet.

Tennessee follows the "mature minor" doctrine, as well, last time I checked, which means that if she takes herself to a doctor, she's able to consent to treatment. If her parents have health insurance, that may cover it, although she'd need her insurance information, and the explanation of benefits paperwork might tip her family off that she's seeing help behind their back.


Title: Spot Delivery with car dealership

Question:
I’ll keep it brief. About a month ago I bought a car from a dealership, I live in Texas. I put 1000 down, they had me sign all the paperwork, and I drove off the lot with the vehicle. About 2 weeks later they tell me I need to come by, so I mosey in. As it turns out, I had accepted another job in between getting the car, and going back to the dealership. Well, come to find out, they never finalized the loan, and now since I was between jobs they couldn’t verify employment even though I had a letter on my new companies letterhead stating Title, Start Date, and Pay Rate. So naturally they took the car back, but said they wouldn’t sell it as long as they had my 1000 down. Well I buy a car from another dealership and ask for my money back, and they’re trying to tell me they are going to charge me .25 cents a mile for the time I had it. I will admit I need to reread my contract, because I don’t recall seeing it upon first review, but does this type of thing sound normal? I’m willing to spend the money to hire a lawyer even if it cost more than what I would be fighting to get back, just on principle.
Topic:
Consumer Law

Answer: I think that sounds reasonable 25c a mile, you have effectively had a car for free adding a bit of wear and tear and wasting their time which costs money. Obviously you should check the contract thoroughly, you may be able to get out of it.


Title: It's all but common knowledge that a majority of the money our company makes goes into either the CEOs personal ventures or towards his expensive cars and vacations for his family.

Question:
It's gotten to the point where we're making huge cutbacks and our jobs are being threatened daily.

The owner just bought a few ATVs for his family (allegedly) and is turning all his time and focus (and money) to his little personal side businesses and ventures.

Are we just doomed to live in a cycle of all excess profits not going into the employees or the company?

As an aside, im lucky to be one of the maybe 3 employees who is lucky to be given fair wages and an acceptable level of job security (but I've heard the threats myself a few times). So just telling me to quit is not helpful in this situation.

Answer: Unless the owner or CEO is taking the money fraudulently, this isn't a legal issue.Answer #2: How the owner of a company decides to allocate its profits and pay its employees (so long as they make at least minimum wage) isn’t a legal issue.


Title: [NC] If you can't post bail, are you in jail until the beginning or end of your trial?

Question: My friend is in jail with a huge bail that his family couldn't possibly manage, even with a bondsman. I'm trying to figure out how long he'll be there.

Answer:
 He'd be in jail until the conclusion of his trial. Note that most trials are fairly short and completed the same day they begin (or at least, last less than a week). So the during-trial jail time will not be much compared to the rest of the time in jail.

The beginning of trial might be a chance to ask the judge to change the bail conditions, although he could ask now.Answer #2: If found guilty, there is a good chance he will be in jail after his trial.  If found not guilty, he would be released following the verdict


Title: [Florida] Girl (14) is sending out her own nudes and harassing, even encouraging suicide, to friend. Is there anything she can do?

Question: I'm guessing since there's bypass of the CP laws she would be on the hook for production of CP and distribution. She's been doing this for months at least.

Answer: There's no such bypass, other than police or prosecutorial discretion, or the notion that she may be too young to understand her actions. Of the three, I suspect the mostly like explanation is that nobody's called the cops yet.


Title: My boyfriend just got laid off and his employer is refusing to pay out earned vacation hours [Detroit, MI]

Question:
Hey there! My boyfriend just got a call from his employer saying they were terminating his entire department :( Other than this being terrible timing (with the holidays coming up) but the part that's even worse is that they are refusing to pay out his 40 hours of vacation (saying they are "forfeited.")

Is this even legal? I have been looking around online (he is in Detroit, Michigan) and apparently as a "fringe benefit" they have to pay him out for it, but I found some conflicting reports.

If he earns vacation days at a rate specified in his employment paperwork, doesn't that mean they have to pay him for the hours when he leaves? 2 reps from HR on the phone told him this.

Is this something he can take to small claims court, or to an employment attorney?

Answer: If it's written policy that they have to pay out, [MI] (http://www.michigan.gov/lara/0,4601,7-154-11407_32352-41967--,00.html) says they have to pay out. He can file a complaint with LARA if they refuse.Answer #2: How long was he employed with the company?


Title: Being harrassed by a kind of boss. What does he need to do and what information do i need to collect to give to a lawyer.

Question:
This guy is a newly elected official. He ran unapposed but thats beside the point. I work for the school system and hes 1 of 5 on the school board, i think.

Years ago he accused my father of some type of corruption in the paper, so my dad called him out by name in the same paper and theyve hated eachother ever since. Ive never met the man. He probably only found out i exist when he voted against my promotion his first week here. The rest of the board voted for it so he couldnt hurt me there. He cant fire me or do anything to me really other than vote against my raises which indont even think he should be able to do that without a legitimate reason.

Now i find out hes called the company lawyer asking about nepotism laws because me and my dad work in the same department. Dads not my boss in anyway so the lawyer told him everything was legal.

Now i find out hes calling all my principals looking for any dirt on me. The guy is crazy. Hes only been here a couple weeks and hes already done all this.

Is there anything i can do or prepare for legally with this guy? I just know hes gonna keep coming after me for no other reason than he hates my father.

Answer:
 So, from;

> guy is a newly elected official.

..and..

> vote against my raises which indont even think he should be able to do that without a legitimate reason.

He can vote any way he wants to for any reason, no? Regardless of how you think he should vote..

Also this..

>  hes calling all my principals looking for any dirt on me.

Isn't illegal.. and this..

> Dads not my boss in anyway so the lawyer told him everything was legal.

You were told that you're covered so to summarize, elected official can vote any way he wants to and while you've perceived that he's gunning for you in regards to nepotism, a lawyer said you're OK.


Title: Employer read through personal journal, fired me and turned my journal over to the police. Texas

Question:
Okay so I took my journal to work and I've written horrible things, all kinds of things really and today I get a call from my employer this morning and basically I'm fired and the police took my journal. My employer called the police and now they have my journal.

Can I be charged based on what is in my personal journal? Is this termination wrongful?

UPDATE: I called the police department and asked them for my journal back. They transferred me to the chief (it's a small town) and he basically said there is some stuff there that's not right and he hoped I was getting help. He then said I could pick it up the next day and he's sorry that I lost my job.

Answer:
 OP, you likely wont be charged with anything or go to jail IF you dont talk to the police. Also, if I were you If let the journal go, its not worth fighting the police over

They can fire you. That was legalAnswer #2: 1.  You're unstable.

2.  You brought your journal to work, because you're unstable.

3.  Bringing your hitlist to work and leaving it around was deliberate on your part.   You're a prime candidate for terrorist threat charge.

Answer #3: Do NOT talk to police. Don't even attempt to get your journal back from them unless you have a lawyer present. The termination was legal, and the cops don't have enough evidence to charge you. My only advice is, do NOT talk to the cops.Answer #4: Since I haven't seen it mentioned, you should file for unemployment.


Title: Scumbag boss lays me off, and retro drops my pay

Question:
My fat fuck scumbag ex-employer not only fires me mid day, but also retroactively dropped my salary without notification from $12/hr to $7.25
After a verbal notification that I would in fact be paid at $12 hour. So instead of my $650 check i have on for $360....
I called him seeking my actual amount but he basically told me to fuck off.

What recourse do I have? And what should I do to get my money or make his life hell?
I live in GA.

Answer: Do you have any sort of written document stating that you were paid at 12.00/hr? If so - small claims court. Should be an easy win. If not - I dunno. Wait for the real experts and not an armchair lawyer to offer advice.


Title: Child Support in GA

Question: [deleted]

Answer: He can ask for a paternity test from court. The best option is to hire an attorney to handle this. But he is going to pay until the court order is changed. Answer #2: If his ex-wife knew that the child was not his or even knew that there was a good chance that the child was not his, then she almost certainly breached the fiduciary responsibility of her power of attorney when she signed his name as the father on the birth certificate.  It may be possible for him to sue his ex-wife for damages resulting from this including any money paid for child support and attorney's fees.  However, it may be easier and faster to appeal the current Judge's child support decision using this and the paternity test results as arguments rather than to bring a separate suit.  You will need to consult with a good family attorney in Georgia to determine your soon to be husband's best course of action.


Title: Am I grasping at straws?

Question: Someone who I have been dating recently wrote a song about me and told me it was about me. Basically it was about my issues and mental health problems and how damaged I've been since my late fiancés death. His song is on iTunes and I dont want a song about how his death effected me used as entertainment. Do I have anything at all to get rid of this or am I of luck? (FL)

Answer: You're pretty much out of luck.


Question: GF was in a car accident (hit from behind at a stop) and the other driver gave her false insurance information and a fake drivers license. She took down their license plate and car make/model. What should she do next? (WI)

Answer:
 1. Contact your insurance company and provide them with the information she gathered.

2. Go file a police report and also give them that information.Answer #2: Report it to the police and hopefully the cops will do some work and track the person down. GF will most likely have to sue the person once they are located.

In the meanwhile, she'll have to go to her insurance.


Title: Can someone clarify your Miranda rights

Question:
The really annoying guy at my work demands everything he says is correct and talks louder to be more convincing

He’s weird so I honestly just posting this in spite but out of the blue he started saying there are two things to say to a police officer when they ask you what you’re doing

“I don’t have to answer any of your questions”  and “I am protected by the 5th amendment to not incriminate myself”

And all I could think, since the situation was that you weren’t under arrest, simply just being asked a question, if you’re not on trial then the 5th amendment really doesn’t apply here, and you don’t have any Miranda right protection because you’re not under arrest

I think he just wanted to sound smart for some self confidence or something but can someone explain

Answer:
 In order for Miranda to apply, you must be BOTH:

* In custody

and

* subjected to interrogation.

When you're not in custody, you still don't have to talk to the police, but not because of Miranda.


Title: (MI) Hit and run but found her. How do I get their insurance?

Question: (MI) I was rear ended and my car was totaled. The other vehicle drove off but someone got her plates which were ran. The police didn't find her and it doesn't seem like they are making more attempts. I really need the $1000 from the mini tort as I am now stranded without a vehicle. How can I legally get her insurance information? Would it be effective bothering the police to try and get it from her?

Answer:
 Have you tried *asking* her for her insurance information? Tell her that there is a witness to her hitting your car and that is how you found her. If she doesn't give her insurance information, contact the police.

BTW, don't threaten to contact the police if she doesn't give you her insurance information. That would be extortion. Just report her if she doesn't give you her insurance.Answer #2: Yes absolutely get the police further involved. A hit and run is a crime. It's not just about exchanging information, the police need to arrest her.


Title: I have just been diagnosed with stage 4A cervical cancer, and my roommate it trying to kick me out of the house

Question:
I have been living in a beautiful townhouse in the east bay for about a year now (San Francisco Bay Area). Coming out of a two year lease in Berkeley, when I moved into this place, I could feel like it was going to be a stable home for a while.
 My roommate, we will call her K, had me sign onto the lease in August of 2015. I was given the impression that it was a year lease, not month to month, and the entire time I have been here, I assumed that I my lease was for a year. When I got the diagnosis, this past thursday 4/21/16, I started making plans for treatment and for care. Some friends set up a fundraising campaign for me and I have saved enough to pay my rent, without work, for the next 6 months.
Just recently, my roommate has gotten less communicative and only speaks to me through text messages. Just recently she texted me that she wanted to talk about the lease ending in may, and when I reminded her that I moved in during August, she retracted her text and said "whoops I meant it ends in june" *suspicious behavior* Even though I explained to her what was happening and what I had just found out with the diagnosis, she continues to pretend like I told her nothing.

I have explained to her that I would like to renew the lease, whether it ends in August or does actually end in June, but she keeps accusing me of being hostile. I havent been insulting or demeaning at all. I have simply told her what my plans are and how inconvenient it would be to find a new place to live, while going through daily radiation and weekly chemo...and she still maintains that she wants me off the lease when it ends, so that she can find a new roommate.
I'm not subletting from her, she is simply the master leasor (takes care of rent and has bills in her name) and I am on the lease.

I think she is trying to intimidate me into moving out before my lease ends, or pull something tricky to get me out of the lease. I'm not willing to give this place up. It's been my place of comfort and peace for the past year. After radiation and chemo, this is the place that I want to come home to when I need to relax. This is the place that is going to help me heal...

Can she evict me simply because of personal issues she has with me or with my illness? Would a judge or landlord be supportive to evict someone that has late stage advanced cervical cancer? All I want is to stay in my home, the place that I feel most zen, the place that promotes my happiness and healing. And I'm scared that she can easily force me out.

Answer:
 If you're not subletting from her, she has absolutely nothing to say about the lease.  Take it up with your landlord.Answer #2: So it sounds like K is not your landlord correct? if thats the case, K has no say in your right to stay in the property. if she no longer wants to be your roommate she knows where the door is, that may however put you on the hook for the full property rent if YOU want to stay there without a new roommateAnswer #3: You don't have to leave until/unless you're given written notice that either spells out a lease violation (3-day notice) or a refusal to renew a lease/month-to-month (30 day notice).

Are you signed on to the lease with the landlord, or is this an agreement directly between you and roommate?  If with the landlord, she can eat rocks.  Only the landlord can evict you -- and if the landlord doesn't live inside the unit with you, you have the full spectrum of SF's very protective legal system.

If it's with your roommate directly, or if the landlord lives with you in a *single unit building*, then you have fewer protections.

NOthing happens until you get a notice to vacate (3 days for lease violations/nonpayment, 30 days for general notice of end of tenancy if you've been there less than 1 year).

If she pulls any tricks like locking you out, cutting heat/power/water, removing doors/windows or harassing you to make you leave, you can call the police.  Keep some evidence of your residency there (bills in your name, etc.) with you as much as possible -- a cop will typically force your way back in if it comes to that.


Title: I want to submit to the states ethics board am I correct in my interpretation?

Question:
There is an ongoing dispute with my neighbor that, I thought, was behind us. My neighbor is a volunteer fire fighter who has used his connection to harass my family.
Evidence:
I have a police report of an incident.
My lawyer sent him a cease and desist letter.
Complaint:
   On July 9th 2018 I was building a new deck and saw Board of Assessor (call him Art) with my neighbor pointing at my deck from his property. Which by the way can only be seen from my neighbors backyard.
 Upon final inspection the building inspector signed off on the deck and spoke to my wife. " It's a shame what your neighbor is doing to you. I had Art approach me asking about your deck and how he thought it was not built to code." Obviously the building inspector was mad and told my wife this information for us to use.

At this point I'd like to point out what I think is an ethics violation Art and my neighbor violated.
1. General Laws
 2. Part IV
 3. Title I
4. Chapter 268A
Section 23: Supplemental provisions; standards of conduct
 (ii) use or attempt to use such official position to secure for such officer, employee or others unwarranted privileges or exemptions which are of substantial value and which are not properly available to similarly situated individuals;

On July 27th 2018 at 4pm (within normal working hours) I made a call and left a message for the town Administrator expessing what I stated above. I asked that only Art is not to be on my property; there are 2 other assessors.
  I'd also like to say my wife came home from work early Wednesday July 26th 2018 and witnessed Art driving in front of her. He went down our dead end street pulled over saw my wife enter our house and he turned around and left. The next day he showed up per my video surveillance at the same time. When I got home I found the notice that a board of assessor was on my property. He could of talked to my wife when he saw her but avoided her, WHY?

Answer: I don't understand how he used his position as a volunteer firefighter to do anything. He, as a citizen, complained. Where does the him being a firefighter come into this?


Title: Being Charged with Failing to register vehicle information as a Sex offender

Question:
I have been a sex offender for going on 11 years now. I have always reported my information correctly as required by law. About 3 years ago my wife and I bought our first car together. The visit that I had with the registration office at that time I did not have the vehicle Vin number and I told the person taking the info that I would call from the parking lot and give it to her when I got out there, which I did. As a note they were okay with this.  Apparently this information was never recorded in my file. At all the following check ins I failed to make sure that the vehicle was listed on my file, not an excuse however I did this because you are literally rushed through the entire process and just asked has anything changed since the last time you registered. NO? > Initial these 30 lines, sign at the bottom and leave my office. I understand that this is my fault and my responsibility to make sure that the information is correct and its my fault that I assumed that the car was on there. In December I was required to do another check in, I went to the office on the 6th of Dec at approx 4:30 pm. I was turned away at that time because it was too late and they were all getting ready to go home. During this time I was also starting a new job which required training and I could not miss one day of training or I would not be allowed to continue with the position. Which I was also going to report to them at that time. I needed this job really bad at the time. In the mean time a police deputy showed up to home for the address verification that they do every time after you do your check in. Because of this I thought that I had already handled the registration check in and put it out of my mind worrying more about Christmas and other things going on in life at that time. In January I got a call from a detective who simply asked on the phone if I was home, I stated yes and he said not to leave they were on their way. I believed that they were actually coming to my home to question me about an unrelated matter going on with my grandmother. When they got here they asked me why I did not check in and I told them I tried and I was turned away because it was to late in the day and that when the cop showed up at my house I suppose that I thought that I had already taken care of the check in. While they were here they ran the license plate of my wife car and determined that it was registered in my name as well as my wife and that I had failed to report it. I was initially told that I was being arrested for failing to come to a check in but this later changed when we were at the jail to "failure to register vehicle information." I spoke with my public defender for the very first time and the only thing that he asked me was if the cops told me why they were there and I said yes because I failed to do a check in. That was literally the only thing that he asked me. It felt forced when I was telling the whole story to him on that call almost like he didn't need to hear anything that I had to say or even the reason why I had missed the check it.

I have attempted to call the Public defender several times to get information about my case and see what is going on only to be brushed off or told to call back another time to speak with him. He told me during the one time that I spoke with him that I do not need to appear in court unless he tells me that I need to but in the system there have been many count dates set. The one time that I did have a phone appointment with he he called almost 30 minutes passed the scheduled time and I missed the call. He left me a voice mail only saying something about the Florida points system and how many points I scored, he never mentioned anything about a plea being offered.

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I spoke to the public defenders office today and the secretary of my public defender is telling me that the only offer that they have at this time from the DA is for 20 months prison. She stated that it was in the notes that the PD spoke with me and told me about the 20 month offer. This seems outrageous to me that they would even consider that much time for something so petty. I guess my main question is does anyone have any advice on what I can do? Am I screwed? I cannot afford to hire an actual lawyer. I have two small children and a wife that relies very heavily on me to watch the kids while she works full time. I am currently unemployed because of this pending charge and every job that I have applied to I have been denied probably because of this charge but no one has said that directly.

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A little back information about my case because I know everyone is going to be interested. I was accused of molesting my nephew when I was 18. He has severe disabilities and because of one thing that he said I was accused. I attempted to fight my case with an actual lawyer at the time who was provided by money from my grandmother who has passed. The lawyer at the time felt it in my best interest to take a plea bargain that was being offered for only a misdemeanor 1 "sexual contact no consent" Basically the equivalent of slapping a waitress on the butt in a bar. I later found out that my sister wanted to drop the case because she was unsure if anything had actually happened or not but the state picked up the charges and they were the ones that were prosecuting me. If I fought the case and lost I would have been given life in prison because of the charge so this was the best thing to do. I served 22 out of 24 months in a county jail and was done with my punishment, or so I though. In Colorado I was only required to register for 5 years after my release but in Florida where I live I am required to register for life. This is the real punishment of the registration is a life punishment. Because of this I cannot hold a good job, the ones that I have had it seems like they find out that I am registered and then find another reason to fire me.

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If you have any questions at all please feel free to ask. I will try to be on here as mush as I can to answer as quickly as I can.

Answer: if you are facing real prison time you can't afford to not have a lawyer, reddit is not going to help here.


Title: Nursing Board Order: Conflict of Interest? Can I re-try?

Question:
I hope you'll forgive me not putting my location. My order is public, and I'm worried someone'll dig it up, and from there where I live (everything on nurses can be looked up in my state).

Sometime between 2005 and 2009 (again... sorry) I agreed to discipline with my state's RN board after being named in a complaint as the direct supervisor of a nurse who made a serious mistake. The nurse who made the mistake wasn't named in the complaint and as far as I know/have tried to dig up, wasn't disciplined. The federal nursing website says I received an indefinite reprimand, although my physical copy of the order uses different phrasing.

It was a really awful year dealing with this case, and at one point I asked my lawyer (who was also a nurse) if we should report the nurse who made the error to try and draw attention to it wasn't my doing. She responded something along the lines of "[we] nurses dont report other nurses".

Long story short, I took my order, and got a new job because I was no longer allowed to supervise.

Last month I reconnected with an old coworker who left shortly before everything happened. He had heard about what happened at some point and when I told him about everything, he got real quiet and said that my lawyer was (is?) close friends with the owners of the facility we worked at.

Please believe me, I'm really trying to be cool and suppress that visceral feeling of a righteous crusade brewing in my heart (which I know has never led to great decisions), but this discipline has haunted me, set back my career, and put me in a dark place whenever I try and find a better job. The chance that maybe this is all wrong is keeping me up at night on online researching sprees trying to find a smoking gun. Deep down I do blame the management for not helping us avoid what happened (we were so, so, so understaffed). I don't know if it's me convincing myself, but I think maybe the facility could be pointed at as negligent, and that I was the goat. I think my lawyer tried to rail me into settling to protect her friend. Especially looking back at how she got all "down to my level", "us versus the board" insisting we not report anyone else to keep it all contained.

I've tried finding a different lawyer, but I'm worried about picking someone else who's part of that club. It really is a small world out here. I found one guy but I got the itch he was blowing smoke up my ass when he got super excited about the whole thing "We're going to go up there and throw the book at them!". After I pay his retainer.

I'm honestly kind of scared at how "A Beautiful Mind" I'm feeling (especially after hearing the manic lawyer say out loud how I feel), but I really need some perspective on if I have a case here, and some tips on finding better lawyers in my area. If this is real, do I have a shot of having the entire 200X case retried?

Answer:
 > "[we] nurses dont report other nurses".

Well, that’s just terrible.  I am not a nurse, but I am a pharmacist, and if I thought a colleague was practicing in an unsafe manner or causing patient harm, you better believe I’d report him to the board.  My paramount concern is patient safety.  The sentiment voiced by your lawyer is grossly unprofessional and this mindset has no place among the healing professions.


Title: Could a lawyer be disbarred for this?

Question:
So I have a friend who was in the middle of a divorce with their estranged wife. Unbeknownst to her at the time, he had been having an affair with a mutual acquaintance prior to them filing for divorce. The mutual friend was married and was claiming abuse from her spouse, so under the advice of a friend she went to go see an attorney to see about divorce. The attorney never took her on as a client, but she did reveal the affair to him and my friend actually met with the attorney and they talked for a bit.

Fast forward to a few months later. My friend and his ex are going through a thing, and she files for custody. Ironically the estranged wife ends up using the same lawyer, who then tells her, upon recognizing the name of the husband, that he was having an affair and disclosed details about the meeting he had with the friend that day. The estranged wife confronts him about it, and it opens a whole other can of worms.

My question is, is this a violation of privilege? He never agreed to represent the mutual friend because she couldn't afford to pay him, but he disclosed the details of her case with a 3rd party who had a direct association and her own legal issues with people involved.

This happened in Pennsylvania if that makes a difference

Answer:
 https://www.nolo.com/legal-encyclopedia/does-the-attorney-client-privilege-apply-havent-hired-the-lawyer-yet.html says:

"In general, as long as the prospective client is seeking legal advice or representation and reasonably believes the communication will be confidential, the consultation is privileged. This is so even if the would-be client never pays or hires the attorney."

Which is pretty close to "yes, they violated privilege".

HOWEVER, it goes on to say "there are nuances and potential differences from state to state". How that relates to Pennsylvania law, I've no idea :-)Answer #2: It's certainly enough to make a complaint to the bar association and let them sort it out.  They know the rules in Pennsylvania better than anybody else here, and are able to ask the right questions to the right people.


Title: Ex-BF Brought police to my door when I had done no crime, I was cuffed. What can I do? [OH? PA?]

Question:
This happened in Ohio, but I just moved to Pennsylvania and I don't know which matters. I think Ohio?

My ex-boyfriend came to my door right before I moved, with the police.

The demanded I return the passport that I'd already said (by text) that I'd return him. I'd been mailing him stuff, but I sent a message saying I wouldn't mail this one until he gave the okay since it was so important. Instead of messaging me back, he showed up with police.

I did not feel safe/comfortable with cops there by myself and I told them to leave but they didn't. I knew this was wrong and I was afraid these were his friends (his brother is a parole officer).

They don't tell you when they say to "know your rights" that big men with guns who yell are scary.

They threatened to arrest me if I did not get the passport with them standing there. I don't remember if they said I stole it but they DID cuff me when I wouldn't. I eventually relented, because my five-year-old son was in the house and I was scared for him.

I've contacted the police department, but I don't know what they'll do. Probably nothing. Cops get away with a lot there. I'll work through the system on that and if it doesn't work, I'll ask another question and then go get a lawyer if it makes sense.

Right now I want to know what to do about the Ex.

I know what he did was wrong, but I don't know if its illegal or something I can sue over. Did he commit a crime? If not, is there something I can sue him for like harassment, or civil rights violation, emotional distress, or something?

(I know that if my ex told the police that I stole something and they were acting on it, that would be slander, but I don't know if he did.)

Answer:
 You've been given advice that you were in the wrong, by multiple commentators who've backed it up with solid legal reasoning, but the problem here is that you aren't listening.

You don't want advice, you only want to be told you're right.Answer #2: Is it just me or is OP insanely lucky , Passport theft i think can carry a 15 year sentence ever since 9/11 the government doesn't screw around with those.


Title: Sacramento Fire Department First Responder fee for service I didn't call

Question:
I was involved in an accident on my motorcycle where I was cut off by a car and the car drove off. I thought my phone wasn't working at the time, and someone who stopped called 911 for me and asked only for the police and a tow. Someone else must have called 911 reporting the accident and dispatched a firetruck.

After the firemen were standing around for a while, they came up to me and said "we have to take a look at you," which I figured was for the police report for records--or something. They asked if I was hurt and if I had road rash, I said my wrist is banged but no other problems. They asked me to take off my jacket, they visually looked at my wrist, wrote some notes and asked if I wanted medical transport, which I declined. They took down my info (no SSN) and I signed something declining medical transport, but not agreeing to pay anything and nothing stated anything about being charged. If I had known they would charge me or if it was their 'medical assessment' I would have declined, as I did not need or want it, but they told me they 'had' to and I figured it was for accident records.

When I got the bill, it stated that according to Ordinance NO 2012-01 they could charge me and this is what I found:

https://metrofire.ca.gov/phocadownloadpap/BoardMeetings/2012/as-01-12-2011.pdf

Pursuant to state law, the District can recover the cost of providing the first
responder service by adopting a First Responder Fee. The fee would also
be applicable to treat & no transport calls.

I cannot find the state law that this refers to, as I'm wondering if the law actually agrees with what they did as a 'medical assessment' or 'treatment.' Additionally the firemen presented it as if I didn't have a choice, which I would have declined if I knew I did even for no charge.

Long story short, Sacramento firemen I didn't want show up, tell me they have to look at me, don't do anything other than just look, send me a bill for 275.58. Is there a way to fight this, or is it a $275.58 lesson of not accepting or agreeing to anything whatsoever unless I know the terms?

Answer: NAL but I'm assuming you have insurance (motorcycle, etc.)?  Submit it to them as part of the claim.Answer #2: You don't get to choose who responds to a call. Pretty much everywhere will automatically send fire to a motorcycle crash because significant injuries are assumed. They did do a medical assessment on you. However, it may be worth trying to make a deal with  them. Call and see if they will lower the cost if you pay in full.


Title: Today I was "Discharged/Suspended" from my job. Do i qualify to file for unemployment?

Question: I live in the CT area. I have always had jobs lined up and backup plans, this is the first time i find myself terminated of my services out of the blue. It happened on my way out of the door, my manager called me over and told me we needed to discuss some things. I was told i was being let go due to the fact that they are restructuring departments and that they want to re-size. I was told that even though i work 30-32 hours a week ( i have worked part time for this company for a total of 4 years, on two seperate occasions...however my recent employment length was 2 years 4 months time). During this time i worked full-time every summer, and part time every school semester. I was told that they wanted to keep me on a call basis but that for the most part i was being terminated of my services. On my unemployment notice they filled the section that says "Discharged/Suspension". Not once was i notified or asked if i could work full-time, just told that they made an overall split decision to part ways and bring someone else in. My manager since we are friends told me after that the CEO had been looking for reasons to terminate my services for some time now (personal reasons is the jist of what he was trying to say, but i am not a drama orientated person so i do not want to include that...nor do i have proof of this other than in the form of gossip). I was not told i did anything wrong. My first priority is to find another job, i am a full-time college student and live alone. Time is money for me so i feel like i do need to apply for unemployment for survival sake and my pride will need to take a back-burner. Do i have an actual case? Would it be possible to receive assitance until i get myself back on my feet? This is the first time i have filed for unemployment in my entire life so excuse my ignorance...i don't know much about how this system works.

Answer: Yep, being terminated, or reducing your hours near zero without termination, qualifies you for unemployment.


Title: NYS Tenent not paying rent, and called police on us

Question:
We rented out an basement apartment. I know it is illegal in NYS no matter how nicely rennovated the space is. At first we didn't have much problems because the tenant wanted a cheap living space in this expensive NYC however, she started not paying rent and now even called the cops on us because we told her that the electricity line is down and we need to call people to fix it. She called the cops and demanded the electricity to be fixed and the cops threatened us that if it's not immediately fixed they would call the department of buildings and the entire building would be closed off immediately? What kind of bs laws peotecting tenant is this? We are trying to fix things but it can't be done immediately. Plus she isn't even paying us rent.

Is there a faster way to evict her because I know going though the tenant landlord court is going to take months and we have to let her live in there for free.

Also, I found out that the document she gave us to do the rental were most likely fake. the ID isn't NYS ID nor from the US. There is a chance that she is illegal immigrant. What would happen is I call department of homeland security for this matter?

Answer: No. You are not special and get to go around the laws. You evict the same way everyone else does.


Title: (California) Foster parent wants to sue to keep child

Question:
Hi, here's the situation (for the sake of this post, let's call the foster mother Julia and the baby girl Hannah - I'm just a close family friend):

Julia has had Hannah since February. Hannah is now 2.5 years old, and is now the sweetiest, funniest, most playful and loving child in the entire world. Hannah was put into the foster care system because her parents were found to be neglectful - the incident that was brought to the court's attention was Hannah's being put in a crib, locked in a room and then left alone for multiple hours. The neighbor's called the police when they heard her screaming and crying for close to an hour.

Hannah's birth parents are honestly not fit to be parents. This isn't even their first offense - they've had Hannah taken from them before, and currently don't have ANY of their children in their care (they have 2 sons as well). All their children have been taken from them because of their neglect and inability to be good, attentive parents. Hannah's father is even currently in jail - he was sentenced about 2 months ago. Hannah's parents have pulled stunts like attempting to accuse Julia and her husband of child abuse - which were immediately discredited by both social workers and the doctors that examined Hannah (after this particular incident, her father stopped visiting Hannah - this was prior to his being arrested, of course). Hannah is only 2 and a half years old, but has violent nightmares and will wake up crying because of the neglect her parents have put her through (we don't even know everything that they've done - only of a few awful incidents besides the locking in room one). She undergoes therapy at such a young age, and her therapist has confirmed that there's a lot of trauma that she really doesn't know how to deal with.

Upon coming to meet Julia for the first time, she was extremely quiet, timid, and would flinch away from people when they would try to interact with her. She would cry easily, had hollows under her eyes (again, only 2 and a half), and was extremely skinny. Fast forward to August, and now she's extremely bright, happy, playful, and full of love and affection - she's always looking to give hugs and to hold hands and to play. She's gained weight and loves to eat, and is overall everything that a loved baby should be.

Hannah is now visibly afraid of being taken away from Julia - she never wants to be near her birth mother or father (literally will recoil and cries for Julia), and in any instance where she thinks Julia will be leaving her (like if she leaves my house to grab something from her car really quickly and Hannah sees), Hannah will immediately start crying and panicking. She's so, so happy with Julia and her husband, and I know that if she was able to speak and defend herself, she would ask to choose Julia to stay as her mom.

The court hearing to decide whether or not Hannah will be sent back to her birth parents is this Thursday, and because of Hannah's assigned lawyer's apathy and the apathy of the current social worker in this case, we're really scared of the outcome. Throughout this entire case, the social workers have made it very clear that they could care less about Hannah as an individual - the only thing they've been concerned with is closing the case as quickly as possible, and will look for any opening to reunite Hannah with her birth parents (parental right), even if it's CLEAR that her parents are unfit to have her in their care.

Would Julia be able to do anything to be able to keep Hannah, in case the worst case scenario occurs? Hannah's parents are honestly horrid - she was a quiet, timid child when she first came to Julia and absolutely transformed to the brightest child ever. Hannah doesn't deserve to have to go back to that horrible household, and we've all come to love her so much. It's not even just a matter of wanting to keep her - it's a matter of wanting the best for her, and we are so afraid of what will happen to her if she goes back to her birth parents. She's such a smart, incredible child, who deserves to be raised with all the love in the world. Please help - what can we do?

Answer:
 Your friend has an uphill fight here. Honestly, if she's not happy with the work her attorney is doing, she should look into hiring a private attorney.

There's not a lot you can do other than get an attorney to pursue the case aggressively on Hannah's behalf. Answer #2: A foster parent cannot sue to keep a child in their care. When a child is in foster care, the state has initiated a court proceeding making the child a ward of the state. By law, the initial goal of that proceeding is reunification with the birth parents. If, despite the services given, the child cannot be safely reunited in a reasonable time, the permanency plan will be changed to something else, usually adoption. At that point, Julia would likely be considered an adoptive resource for the child and could adopt her.Answer #3: If she sues she'll lose and she'll not be allowed to foster again. If the parents are getting custody back so quickly then that means they have stuck to requirements of the case plan, so there's at least a chance things will be better. If your friend truly wants what's best for the child then she has to help to child prepare for the reunification and be positive about it. I have a feeling that her feelings about this are partially responsible for why the child is so upset about going back to her parents. As a foster parent I know it sucks not knowing if that kid you've fallen completely head over heels for is going to be happy and loved when they go home, but this is what she signed up for and it's made very clear during training. Suing and drawing things out will just make things harder on the child.


Title: [Florida] I was looking to sell an "inappropriate" Disney glass doll on eBay? Are there any ramifications if I do?

Question:
The item was forged on Disney property years ago(around early 2000s) with same materials that other products are made from.
I came across it after going through a storage unit of a family member who acquired it back then.

Its the mouse shooting the bird, in the same dimensions that are set for the character's ratio, on a mirror that says Disney etched in. Not vulgar as in nudity, but still not something Disney would have approved of. You honestly at first glance wouldn't notice until you paid attention to his hand.

I was just wondering if there are any ramifications for selling it?

Answer: Disney may come after you and make your life hell forever because they are a company with billions of dollars and are known for being extraordinary litigious over depictions of its characters.


Title: (Atlanta,GA) I own a pet salon. Do I need to have customers sign waivers when they are boarding or grooming?

Question:
Whenever a client comes to my store, I have them sign a waiver and read over the rules of the facility.  Its in case the dog gets injured while they are here, to a point.  If it was neglect on our part, I wouldnt hesitate to pay the vet bills, I have insurance that covers it.  It more to cover the minor incidents, like when two dogs get in a fight.  They might just have minor bite marks or scrapes, that done require a vet.  Customers need to understand the inherent risk of putting dogs out to play together.  We do our best to avoid any issues, but it does happen from time to time.  We also having a grooming agreement to protect against incidents like knicks and cuts, or razor burn.  Dogs can be wiggly, and accidents happen by the groomers.  But not to the point it needs to go to a vet.

My question, is even if the customers sign the waiver, is it legally binding?  Do they truly waiver their rights, or could they sue me?

Like I said, im not a deadbeat, and would not hesitate to pay for the animals vet bill if I feel we are at fault.

Answer:
 Have an attorney look over the agreement to make sure you have limited your legal liability. If you drafted it yourself, it is almost certainly lacking. A few hours of an attorney's time now could potentially save you tens of thousands down the road.  Answer #2: You should talk to your insurance carrier or to a small business attorney. There's more to liability than just waivers, and you need to understand your risks in a lot more detail.

Waivers _can_, if they're well-written and suitable to the jurisdiction, waive liability for ordinary risks and simple negligence. They generally _can't_ waive liability due to intentional acts, or due to gross negligence. A waiver would likely hold up if someone sued you over vet costs subsequent to a bite if you're otherwise making reasonable attempts to control the dogs in your care and protect them from bites, but might not hold up if your salon has a history of bites or if you put the doggos in a situation where hostility and biting were a clear risk.

Even a well written waiver won't stop someone from suing anyways, though, if they put their mind to it. Liability insurance is a good idea (I would say a necessity, honestly) - your insurance will handle lawsuits on your behalf. A good insurance agent will also be willing to work with you to find ways to reduce the risks of those suits: not only does that reduce your premiums, but it also reduces their risks of having to pay out.


Title: [Boulder, CO] I was recently attacked by two men and used some self defense techniques that have been deemed lethal force. Am I screwed?

Question:
On Monday morning leaving from the bar, after some conversation, me giving one of the men $20 and some friendly advice (sounds like nonsense but I'm and incredibly friendly drinker). I got into a verbal altercation with two homeless men after one of them called me a rich asshole and told me to leave (a public place). I was attacked by one homeless with kicks and punches and used a double leg take-down to put him on the ground. When we both hit the ground he had me in what's called a guillotine and began choking me. I escaped the guillotine but we both then continued to tussle. After that, he rolled around onto his stomach and I "took his back" and rolled him on top of me, his back to my stomach. At this time, he pulled a knife from his pocket. I then put him in what's called a rear naked choke hold or in legal terms, what police use which is known as a Lateral Vascular Neck Restraint (LVNR) a technique actively trained by police officers in some states. This is the restraint that the police officer in the Eric Garner case used. I have been training martial arts for the better half of 5 years now and have used this technique hundreds of times in drilling and competition. I knew if I let him go, he would continue attacking me, but this time with a knife in hand. I was fighting for my life. I continued restraining the man very aware of his consciousness, he then stabbed me with said knife in the knee. I held the restraint further, all in all, probably for about 7 seconds. At this time, his cohort came down with a hammerfist motion to the top of my skull with a bicycle U-Lock in his hand. At this point, I released the restraint and stumbled to my feet. The two men chased me around some cars and then they turned and ran the other direction. I called the police and they were dispatched to the location.

I did not start the assault, nor did I throw any punches throughout the entire altercation. I did however use this "choke hold" in defense of my life which has been deemed lethal force by someone who probably has never had to fight for their life against a homeless man with a knife.

There was a witnesses who said that I harassed the men, when I was trying to get him to give me my money back after calling me a rich asshole.

I realize that I should have just left and hindsight is 20/20. The harassment is questionable but I am also looking at a 2nd degree felony assault. I now have a laceration to my knee from the knife wound and a 3 in. laceration to my skull with 11 staples from the second assault. Neither of them have ANY visible markings to their body and I feel I was unjustly accused of this assault. Any advice other that "don't talk to bums" would be appreciated.

Edit: I am 28 years old, work one full time job in sales and a part time gig as a nightclub bouncer for 10 years. I have a squeaky clean record and have never been in trouble with the law. I drink but I do not do drugs.

Answer:
 Hire an attorney and argue self defense. You're facing a lengthy prison sentence, so going without an attorney is an awful idea.Answer #2: Are you screwed? you're alive. Count yourself lucky.

Yes. Hire an attorney and argue self defense. It sounds as though you were attacked first, responded with a legitimate amount of necessary force, and then the person pulled a knife. This is a threat of lethal force; you would be legally allowed to use lethal force in response (which you didn't).

The worst thing here is the 3rd party witness against you. Is this actually a 3rd party, or is it possible that the witness was another bum that knew the first two?


Title: [California] Got rear ended, party's insurance denies claim because they cannot reach the insured.

Question:
So long story short, I was rear ended and I had to go through the other party's insurance to fix my car. However the insurance contacts me saying that they are unable to contact the insured and get a recorded statement. And without those things, they cannot proceed further.. and ultimately deny my claim.

How should I go about it? Can I put a claim again? What happens if they deny my claim? Do I need to get a lawyer for this? Surely that's too much...

It's been a month. Car is drive-able.

Answer:
 You can contact your own insurance, who will process it via your own insurance's rules, and then your insurance company will chase after the other insurance company and you won't have to worry about it anymore.

You'll probably have to pay your deductible, but if your insurance is successful in recovering from the other party's insurance (or the other party) you'll be reimbursed for the deductible eventually.

It may not work exactly like I described, but call your own insurance's customer service to get the details and exact info.Answer #2: You sue the person that hit you. Their insurance has no obligation to youAnswer #3: File a claim through your own insurance company. As it was stated before, but your insurance company will end up fixing your vehicle and subrogating the other party for the damages. At that point it will go to arbitration and the other party will likely be held responsible through arbitration to cover the damages to your vehicle, and reimburse your insurance company for your damages, along with your deductible.

I am an auto adjuster who deals with claims in California so I have dealt with this issue before. I try to advise to everyone that they should repair through their own insurance company, the whole reason you pay them, and have them fight it out to recover the damages.


Title: Sue Car Dealership

Question:
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Bought a Ford in California couple years ago. I purchased gap insurance and a maintenance plan and was told that I could cancel at any time. When you cancel you should receive all unused money from the maintenance plan and gap insurance.

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I'm now trying to sell the Ford in Colorado (my current residence). After many calls over that last few months to the dealership they wont return my call to cancel my maintenance plan.

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Id like to take them to small clams court for the following.

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Cost of the remaining maintenance plan + gap insurance: $1000 - $1300 (approximately)

Travel to California: $300 Plain ticket

Cost away from work: $270 Per day

&#x200B;

I still have family in California so I wouldn't mind the travel.

&#x200B;

Id rather not take it to this point.... any tips??

&#x200B;

Thanks!!

Answer: Forget what you were told. Does the actual paperwork you got say you can get a refund?


Title: [NY] Does telling somebody that you're going to turn them into the police constitute 2nd degree harassment?

Question: On the face of it - it meets the definition of a "true threat" - but it seems like saying you'll turn someone into the police is a legitimate thing to say.

Answer: What you didn't mention here is that there is an order of protection against you by this person. Does your order allow contact or not? Because if it doesn't, regardless of whether or not this constitutes a threat, you shouldn't be contacting her, and if I were you, I would avoid another altercation.


Title: Is it legal for this lawn care company to charge me?

Question:
I live in South Carolina and for the last three years I've used a specific lawn care company (Company A) every year.  The policy did not auto renew and I prepaid at the beginning of each year if I wanted to renew.  This year I wasn't planning to renew due to financial reasons.

In November I guess that company was taken over by another lawn care company (Company B).

Last week Company B comes out and puts fertilizer down without my permission and then sends me a bill.

When I just called Company B to complain, they said they took over company A in November and all of their plans are recurring so I'm automatically signed up for this year.

I cancelled the service for anything in the future but they said I have to pay for the treatment they did last week.  I don't want it to hurt my credit but I NEVER AGREED TO PAY THEM AND NEVER WANTED THE SERVICE.

I'm so frustrated right now and just wondering what options are out there.

Answer:
 Yeah, they are in the wrong here.  You didn't ask for this service and your policy was never auto-renewing.  If they want to come in and change your current policy they need to inform you of said changes.

You can tell them to pound sand.  They can send this to collections if they want.  Then you will have to jump through those hoops to get it taken care of.  I'm not 100% familiar with the process, but I do know one of the first steps is requesting a written proof of debt, and given that there is none it shouldn't be too difficult.Answer #2: Yes, it's legal to charge you.  Hell, I hereby charge you $1,000 for my answer.

Whether or not you have an obligation to pay is another story.

Tell them they are welcome to come pick their fertilizer back up.Answer #3: Ask them to provide a copy of the contract you signed that shows you agreed to a recurring charge.


Title: Grandparents Rights after mothers Death.

Question:
My daughters mother has been dead for the last few years. 4 years to be exact. Before her death she did everything she could to keep me from seeing said child. (moved, sneak her to grandparents and not let me know, never answer calls etc etc etc.) well after her death i went to court to make sure i was the legal guardian because her family automatically thought that they would be her caregivers.
After court i decided to take the high road and let the child see grandparents and great grandparents. Every time she comes back there is an adjustment period to our rules and she tests both me and step mom. Recently however i have been getting calls from her teachers saying how bad she is misbehaving and breaking their rules as well as disrupting class, all these calls always come after she visits her grandparents. After the last call i sat her down and asked her what was going on as usual? she boldly looked me in the face and told me "my grandparents told me that you wanted to abort me and didnt want me they also told how bad of a father i was for not seeing her as well as when she turns 13 she can choose where she wants to stay". I have always had my reserves of letting her see the grandparents because of how bad the environment is ie her grandmother comes home drunk all the time with random men as well as she has no place to stay but her great grandmothers house. They never make her groom herself she will go down there for the weekend and not brush her teeth comb her hair or take a shower, Plus she has no where to sleep they all share a bedroom. I have seized all contact with her and her grandparents from that day until further notice. 1 month goes by without them talking to her and i get served papers at my work no less about them getting grandparents rights.
At this point im not sure what to do.
One of my friends said my wife should adopt the child and it will relinquish all rights of grandparents, however i have 30 days to respond to the court order.
Can someone please advise to what i should do and what i may be looking at if going to court. I live in Arkansas by the way.

Answer:
 You should contact a family lawyer as soon as you can to respond to this.
In Arkansas:

In order to show that visitation is in the child's best interest, the grandparent must demonstrate all three of the following: an ability to give the child "love, affection and guidance"; the harm to the child that would result if visitation is denied; and a willingness to cooperate with the parent or other person having custody. Obviously, the hardest requirement for grandparents to meet is the requirement to show harm if contact is denied.

 http://grandparents.about.com/od/grandparentsrights/qt/Grandparent_Rights_in_Arkansas.htm

You should contact a family lawyer tomorrow to help you challenge this. Answer #2: Honestly, if you feel so strongly about them not getting contact, hire an attorney. You can contact your local bar for referrals (links in wiki). But going in by yourself you have no idea what might happen. Then there would be a court order forcing you to let your child go with them. So hire an attorney tomorrow. Answer #3: Hire a lawyer tomorrow and make sure your kid is going to a counselor willing to testify in court.


Title: [Stl, MO] Complications after having a minor procedure that I told them they didn't need to do during a hospital stay. Now I need surgery.

Question:
Sorry in advance for the wall of text:

I had a kidney transplant on November 2nd this past year.  I was released from the hospital after a 5 day stay.  About a week later I was admitted again after I hadn't moved my bowels in several days due to the pain meds.  I went to the ER (Following my coordinating doctors orders) at a local hospital on a Sunday morning and they gave me morphine for pain.  I was transferred to the hospital that had performed my surgery by 2 pm that day.  An IV was started and I was given more pain med throughout the day.

Later that night (I'm unsure of the time, but before 9 pm) I was told I needed to be catheterized to get a measurement of the output of my urine.  I had no problems making urine at that point, and could stand next to the bed to use a  urinal which they could also use for measuring.  One of the regular docs came in and I told her this, and she said there was no reason to cath me.

Later on (again, unsure of the time) my nurse came in and told me I needed to be catheterized.  I told her what the other doctor had said, and she said the Sunday night doctor (an Asian man/ resident?) had said I needed it.  I argued a bit, but I had been cathed before, so I was too drugged and tired to argue.  She attempted to start the catheter and was met with resistance, so she stopped after a few attempts.  (At this point I told them I still had a stint somewhere in there connecting everything post surgery, and I wasn't sure if that could be the problem)  They then brought in a specialist.  I repeated to him, this doesn't need to be done, another doctor had said so, and that I could stand and get an accurate measurement on my own.  I also reiterated that I had a stint that could be complicating things.  Again, I was ignored.  He tried to start the cath once unsuccessfully.  Again, I told them this was unnecessary. He asked if I had previously had any STDs that could complicate this.  (No)  He then took a syringe full of KY Jelly and shot up my urethra, and forced the catheter in.  I immediately started bleeding and could tell something was wrong.  (I had catheterized myself at home until I was 17 to make sure that urine didn't back up into my already damaged kidneys until my first transplant)

I asked them right then to remove it.  The pain was too much, and I knew it had been placed wrong.  They said it was just the trauma from the placement and it would subside.  I was given more pain meds.  This process was repeated throughout the night.  The pain meds didn't keep up with the amount of pain I was dealing with, and somewhat ironically, I had to stand up to let the catheter drain throughout the night as my bladder felt full.  (Another sign it had been placed wrong)  After asking repeatedly to have it removed and being told that it was normal to have some pain, I called the nurse at 3 a.m.and asked to speak to the doctor.  I wanted this thing out, and I wanted it out now.

The doctor never came.  The catheter was removed the next morning when the previous female doctor came through on her morning rounds and asked why I had been catheterized.

Cut to several weeks later. I'm having trouble urinating.  It's taking more force than usual.  I've also discovered that I'm now having dry orgasms.  I wait a few months thinking the issues may resolve themselves.  They do not.  I finally asked my kidney doctor last month what could be done.  He told me I needed to make an appointment with a urologist, and that he would send a note to my coordinator.  At this point he suggested I would perhaps have to have a minor yet uncomfortable procedure known as urethral dilation. After waiting 2 weeks without hearing anything, I called my coordinators office and asked for the info myself.  I called the urologist, and they told me I did have a referral to see them, but the nobody had ever called me and gave me the info to call and make an appointment.

So I made it in there after a 2-3 week wait.  They listened to the abbreviated version of the story above, and did some bladder measurements and noted that I was retaining a little too much urine.  They scheduled an appointment for the next day.  I went in that Wednesday for a very uncomfortable procedure where they injected dye in the urethra and took X-rays of both the urethra itself, as well as how much the bladder was holding/retaining after I urinated.  That day they said they saw trauma, and that it looked like the type of trauma associated with catheters that had been misplaced.  At this point I assumed I'd have to go in for an outpatient procedure and have the urethra dilated.  About a week later they called me with the full results.  I was told that due to the damage, I would have to have surgery, more specifically a urethroplasty.   They gave me a quick rundown of the procedure and said someone would be calling me soon to set up the surgery.  From what I've seen online, this could result in a 3-5 day hospital stay, as well as a 2 week recovery time.  (I teach, so this is going to cut into my summer break time as well as be an overall pain in the dick, literally)

So I suppose my question is this:  Is it worth my time to look into any sort of legal action for this? (I hadn't seriously thought of it, but everyone I told the story to has brought it up) If so, what type of lawyer would I need to find?  Would I have to put a lot of time into this myself and would it be worth it in the end?

Thanks for any and all advice guys.   I'm really just looking forward to putting all of this behind me, but I figured asking couldn't hurt.

Answer:
 If it was worth your time to type out the full details you've given us here it is almost certainly worth your time to consult with a medical malpractice attorney. Generally medical malpractice attorneys do not charge a fee for this consulting so it would be worth your money as well. No one on this thread it can possibly answer questions like whether or not you have a case that is likely to be successful.Answer #2: Where's the damn bot?

Medical malpractice is very fact specific. Your best bet is to go talk with a med mal lawyer. Your local bar can recommend one to you. Answer #3: Nurse here. Lawyer up.  Care without consent is battery. You can withdraw consent at any time. When you asked to have the catheter removed, that was that.  The nurse who placed the catheter to begin with should have used her brain. Too may red flags to proceed.  Conflicting MD orders, patient concerns.  Good Med mal should be able to help.


Title: Repeatedly Wage Garnishment

Question:
So I'm not sure what to make of this but I'm hoping someone here can help me out.

I'm being garnished by a private entity, for some funds that I still owed my college from back in the day. My first Garnishment was about a year and a half ago and lasted for about 6 months. Then it stopped. Then I got garnished again in October last year for about 6 months, and in February it stopped again. Then I just got served again for the third time. All for the same organization. I haven't gotten a chance to check the previous documents but the amount they're trying to garnish appears to be the same as it's been the last 2 times.

I don't know what to do with this. Each of the previous 2 times I've been garnished for this, I fell really far behind on my bills (they were taking 25% of my checks and I'm already going paycheck to paycheck).

I understand this may not be the right sub for this, but I'm just confused on what to do with this. Can someone just randomly garnish you when they feel like it? Is there a law that states you can only be garnished a certain amount of time per year?

I live in Iowa, for what it's worth.

Answer:
 > I haven't gotten a chance to check the previous documents

Go read the documents. Youll need that info and LA will need more info to help you.


Title: (Kitchener, Ontario) Downstairs neighbor plays violin for hours throughout the day, everyday.

Question: My girlfriend and I live in an 3 story apartment complex. The tenant in the unit below us play a violin for hours everyday (between 3 and 6 hours per day).Today it started as early as 10am and sometimes its as late as 9pm. It is loud enough to be heard overtop of the TV. I work nights and my girlfriend is on a stress leave from work making the noise that much more unbearable. We've emailed the landlord and he said that since the tenant is a musician by trade there's nothing he can do about the noise and told us to speak with the noisy neighbor. What are our options?

Answer:
 Is s/he not any good?

Provided the musician is not playing outside your building's quite hours there's not much you can do. You could file noise complaints with the police, but they're honestly not going to care all that much. A better solution may be to go down to the musician's apartment and very politely ask if s/he can start practicing with a mute on the violin. That affects the sound so the musician may not want to do it but you may be able to convince them to use it until your girlfriend is off stress leave at least.


Title: The $202.12 Whizz

Question:
My family and I were driving through Texas thonight and drove upon a MASSIVE traffic incident, which resulted in easily an hour long delay.  Unfortunately, as we approached the delay, one member of our family expressed a need to urinate. 45 minutes into the delay, the family member displayed signs of intense physical pain as a result of their extreme need  to urinate.  With no other option, we decided to act as many others had and cross the median to approach a nearby gas station on the nearby feeder. As we approached the gas station, a police officer pulled us over and issued us a ticket for exiting the highway.

Is there any chance that we can successfully contest this ticket?  We genuinely feared for our family member's well-being and could not come up with any other option to help get them in a better place.

Answer: Your defense could either cause a judge to sympathize or get pissy and throw the book at you.


Title: [Title IX] False accused of Sexual Assault and Dating Violence; under investigation

Question: [deleted]

Answer: Get a lawyer. No matter how poor you are, getting suspended, expelled, and possibly charged with a crime, will screw up your life far more than scrounging up money for a lawyer. Try to find a local law aid clinic, they may be able to help pro bono.


Title: [Washington, US] Employer did a host of illegal activities, and I'm not sure where to begin when it comes to legal recourse.

Question:
I was given an opportunity to work with an employer last year that turned out to be an absolute nightmare. We had an employee steal tens of thousands of dollars over the course of several years until I caught them in March of this year. The store owner decided to reward me by promoting me to store manager, but could not do a pay increase or my 90 day pay increase because of the theft almost putting us under. After having some idea of what was going on behind the scenes I learned that we were heavily involved in illegal activity, mostly pirating and fraud, and that all of our employees were severely underpaid for the area.

Fast forward a few months and I've consistently been getting onto the owner about removing the illegal activity and letting me see the books to help sort out the shop's finances. We had a one on one where he essentially said I wasn't doing my job at all despite vastly better numbers than the shop has ever had. He also said that I would have to find a way to make my rent by working more OT despite the several plans I wrote up detailing that by removing our (tax evading) commission system and cutting back on OT across the board we could easily give every shop employee an almost $5/hr raise.

The next day (Wednesday) I told him that I had a job offer at a separate company and would be leaving September 1. He asked me what he would have to pay me to keep me and then offered to increase the amount of illegal commission I received. I counter offered with one of the plans I had proposed earlier and doing things like not committing fraud or breaking employee labor laws. He walked me out the door two days later citing "insubordination for not taking the offer, talking with other employees about pay rates, not understanding business reality, and attempting to start a union". I have since asked for the reasons in writing and have not received them.

Here is a list of all of the fraudulent and illegal activities involved:

1. Using pirated software to provide customers with cheaper services.

2. Refusing to provide legally required paid sick time that was required since 2012. He has since provided this to the employees after I left.

3. Using an individual that works at Samsung to send in customer devices for repair. The individual is taking Samsung parts and fixing devices on their dime for money, and then we were upcharging it and giving it back to customers. I limited or prevented this as much as I possibly could, but it happened for months across 4 locations.

4. Firing me for discussing employee pay rates with other employees. He said this was "causing problems now and in the future". I can't prove this one as it was a personal conversation that I did not record, but the situation is extremely fishy.

How do I even get started on reporting all this? Where do I turn to? What legal recourse do I have financially for myself and the other employees that are being screwed by his practices? If I post this information publicly on yelp/google reviews will that hurt me in the future for a legal case? I don't want people being swindled.
Topic:
Employment Law

Answer:
 >tax evading

https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity

>Using pirated software to provide customers with cheaper services.

https://tips.fbi.gov/; Also, you could contact the companies whose software he was pirating. I believe they have cause for a civil action under the DMCA and other copyright laws.

>Refusing to provide legally required paid sick time

http://www.lni.wa.gov/Main/ContactInfo/

>Using an individual that works at Samsung to send in customer devices for repair.

Not sure what you mean. Was the person a Samsung employee who was stealing parts? Was he sending phones from Samsung to you? Can you clarify or restate this, please?

>Firing me for discussing employee pay rates with other employees.

https://www.nlrb.gov/; But their website appears to be down right now.

Answer #2: The BSA will give you rewards for tipping them of to the software piracy.


Title: Smoking vs. Vaping on lease in Louisiana

Question:
Looking over the leasing agreement from my landlord, there is a section that outlines that nobody may smoke on the premises. However, there is NO addendum that specifies anything against vaping.

I am not sure how this would be interpreted legally. Does vaping, or using an e-cigarette, legally fall under smoking?

Follow up:
*If so*, why do local legislations go through the trouble of explicitly outlawing it in writing and making signage for it?
Topic:
Landlord Tenant Housing

Answer:
 It is going to depend on your landlord and if you get evicted the judge.

So this is how it will play out:

You vape in your apartment

Your landlord gives you a warning and tells you to stop

You say no because you're vaping and the lease doesn't say anything about vaping.

The landlord disagrees that smoking and vaping are different and decides to evict you.

You then go to court and explain the situation to the judge. The judge then decides if vaping is breaching your lease.

If it's not, the eviction will be denied and you win! You won't be renewing your lease.

If it is the same as smoking, you get evicted, that goes on your record and no one will want to rent to you again.


Title: [US]Warrant for arrest for failure to report for jury duty in a state I haven't lived in.

Question:
How would I resolve this as there's an existing warrant? It's in a state 14 hours away.
United states

Answer: Your best bet is probably to hire an attorney in that state to appear in court on your behalf. You don't want to go there in person as that would subject you to that state's jurisdiction. You can contact that state's bar to get a referral.Answer #2: How do you know there's a warrant? How did this state get your information if you've never lived there? There's a lot that isn't adding up here. If you want some helpful advice you'll have to give more information.


Title: Apartment Complex took $1110 from me.

Question:
[removed]
Topic:
Removed - PII

Answer:
 You don't need an attorney - you can sue them in Small Claims Court by yourself. However, you'll need to provide evidence that their charges were bogus.

For the carpet, did you have a cat? Do you have any pictures that prove it wasn't damaged?

For the furniture removal, $500 sounds high but not _crazy_ high. If they had to disassemble the items that would take time.


Title: Hypothetically, if someone found a glitch on an app for a national restaurant chain that allows him/her to get unlimited free meals, could this person be held liable for the cost of exploiting it?

Question:
[deleted]
Topic:
Consumer Law

Answer:
 It may be a form of theft of services.

If it's clear that using the app in that way is not intended and you abuse the flaw to such a degree that you profit from it (excessive free meals, money, what have you), then yes, you can run afoul of the law.

More than likely the restaurant will just cut you off and maybe give you a lifetime ban.


Title: [Florida] Phone use while driving question

Question:
The other day I noticed a post on facebook of a girl I know. She posted a video of herself singing and dancing in her car while shes in motion and driving it. I know cell phone usage laws are a bit fuzzy, but there is a texting while driving ban in the state of Florida. (this video was taken in Brevard County to be specific)

My question is:
Is recording video on your cell phone in such a manner illegal?
and if so,
Is posting said video incriminating evidence?

I told her she shouldn't do things like that because I ride a motorcycle and people die over things like this. She responded by telling me I should wear a helmet (which I do), or not ride a motorcycle if I'm so concerned about it.

Answer: I mean, if you wanted, you could forward the video to the Brevard County DAs office. She could be charged and easily convicted over it. Things like that have happened before.


Title: Can a passenger in a DUI arrest face any charges?

Question:
Unfortunately, this New Year's Eve did not end so well for my friends and I.

We were pulled over as we were driving on the way home from a house party on NYE. Everyone in the car was intoxicated above the legal limit. We were all nervous and gave up way too much information, telling the cops where we were coming from, how much we had to drink, etc. I was honestly too nervous to say or do anything since this was only the second time I had been pulled over. My friend consents to the field sobriety test, breathalyzer, and he is eventually put in handcuffs and under arrest.

This is what I'm concerned about. At this point, the officers tell us that we can drive the car home if one of us takes the breathalyzer and pass the test, otherwise the car would be towed (the owner of the car was not the driver, but my friend passed out in the backseat).  Not wanting my friend's car to be towed, I voluntarily take the breathalyzer and fail (I honestly thought I was sober enough). The cops then tell us to call an uber and go home. At no point do I ever give the cops my identity. We end up crossing the street, getting into the uber, and going home.

I feel really dumb about blowing into the breathalyzer and failing and am concerned that this could come back to bite me in some way. Am I being paranoid? Or does the fact that the police never got my identification mean that I'm in the clear?

I realize this is probably a very elementary question but I just thought I would ask for peace of mind. Thanks so much.

EDIT: Location was in state of Maryland.

Answer: They might have been able to arrest you for public intoxication, but they didn't. The good news is you all didn't die in a senseless DUI accident.


Title: TSA completely destroyed my checked luggage. What should I do?

Question: [deleted]

Answer:
 [File a claim](https://www.tsa.gov/sites/default/files/sf95cover_packagerevised07-08-15-508.pdf) (PDF Warning) with the TSA, or file a claim with your credit card issuer.

>Let me start off by saying fuck the TSA and everything they represent.

Great, nobody cares.

Answer #2: Unless there was a note from the TSA (they are supposed to leave one when they open a bag to search), it sounds like it may have been an issue where you bag was damaged by the luggage handling system at one of the airports.

File a claim with the airline, they will usually send you a check or a replacement bag (worth less, but works better than a broken bag)Answer #3: This happened to me once and I spoke with my airline. They compensated me for the bag that was damaged.

I should add that I live in Canada and it was a Canadian airline.