Title: Can I return my backpack because the material can cause cancer and reproductive harm?

Question:
TLDR: Payed 164$ and 20€ for a backpack that can cause cancer and reproductive harm without being informed about it.

For my birthday I ordered the Etched Tuck Puck from Timbuk2.
As I live in Germany I needed to pay 55$ extra only for shipping, but I thought it was still worth it.
When it arrived I had to pay another 20€ for the mail service, about which I never was informed beforehand.
But I thought: Since it is already here, fuck that 20 bucks.

Well, when I opened it, there was a little, tiny tag which stated:

WARNING
Cancer and Reproductive Harm - WWW.P65WARNINGS.CA.GOV

I was kind of shocked. Wtf.
So I looked it up: "Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm."
And the website provides information about those chemicals.

Because there was no information about the specific chemical in my backpack, I then tried to find out what kind of chemicals I am exposed to.

Well I think I did, thanks to that page: phthalates.

The website also gives information about how those chemicals can enter your body. Of six possible ways phthalates can be absorbed, two are relevant for me:
1. "Breathing in phthalates present in air and dust"
2. "Transferring phthalates from hands to mouth and swallowing"
3. "Absorbing phthalates through the skin from products that contain phthalates"

The first one is probably the least relevant.
Now I don't really know how dangerous these chemicals really are, but I don't want to have to wash my hands every damn time I'm touching my backpack.

You now might think, hey you fool, why did order it then?

Because THERE IS NO INFORMATION ON THE WEBSITE about any of this.
Except maybe in the name: Etched.
I even looked up the word before the purchase, because I'm not a native English speaker and it was new for me.
Though, I didn't know an etched product can be harmful for me.

My question is: Can I somehow return my backpack and get my money back (including the shipping and delivery cost)?

Answer:
 Just so you know, EVERYTHING causes cancer in the state of california. That warning is on 90% of everything people in the US buy. It's a bit of a running joke, and you are likely overreacting.Answer #2: Hey, so, California has extraordinarily strong regulations and as a result puts those warninga on literally everything. Clothes, drinking fountains, office supplies, you name it. Odds are, that backpack is completely safe for you to use.

I can understand how that label would be alarming if you've never seen it before but in the US it is ubiquitous to the point where nobody really pays attention to it.Answer #3: This is just a weird California thing where they label basically everything as causing cancer.  I wouldn't worry about it.Answer #4: Everything causes cancer according to California.

You can try to return it. https://www.timbuk2.com/pages/returnsAnswer #5: Very doubtful.

I don't want to belabor this because you asked, as far as I can tell, a valid legal question.  But if the product was genuinely dangerous enough that there is a substantial and present risk to your well being, they would not be able to sell it.

You are exposed to countless millions of technically carcinogenic particles every day and most will not result in any change to your life at all, for better or worse.

Yes, it's important to know what you're being exposed to, but it's not like this backpack is about to chemically castrate you if you touch it.

You can resell the backpack if you are so inclined.


Title: I found out my neighbors seriously neglect/abuse their dog today, but my mom is too afraid to report them.

Question:
General info: 16 y/o / Detroit, Michigan / 5/10/18

My parents are divorced, so my sister and I travel between our dad’s and our mom’s houses every so often each week. A quick description of my moms’ neighborhood is that there are very few houses per block, some of them being burnt down or boarded up, and the blocks are very short in length.

My sister and I were driving from our mom’s to our dad’s earlier in the evening, when we came across a dog that was in the middle of the street with no one around it. This street was only a block down from us. My sister drove towards it to go check it out because we were curious if it was our own dog that had recently ran away.

Once we got closer, we came to the conclusion that the dog was in fact not our dog, because it was smaller in size and was male. He had a collar around his neck and was dragging around a 10-15ft long wired leash that was cut or chewed up. He had brown fur, was medium in size, and looked similar in breed to our previous dog (black mouth cur).

I hopped out of the car immediately and slowly walked towards him. He did not seem aggressive in the slightest, but a little more out-of-it. As I walked towards him he did start to walking in the opposite direction, but got caught in the mud of my neighbors garden, which slowed him down. I reached my hand out for him to smell but he kept staring to the right of me, kind of looking off in then distance. Eventually he sniffed my hand and let me grab ahold of him.

I brought him over to my sister, who was still in the car, and asked her to call an animal shelter of some kind. She seriously wanted nothing to do with the dog and tried begging me to get back in the car and just leave him there. She refused to let him in the car because he had mud on his paws and I’m not sure what he was trying to do, but he was just walking in circles around me as I held onto him. My sister got on the phone with my mom and tried to see what she could do.

As I was waiting for my sister to finish her call, I got a better look at the dog. His eyes were sunken in and filled with dried up eye boogers, the tip of his ears had not fur growing them, he had tons of scabs, and swarms of flies were landing on him all over. However, he did not seem malnourished.

My sister finished her call and we decided to walk him back to our house and leave him inside the gated area of our home until professionals arrived. When I was waking him, he kept trying to pull me to the right in the direction he was always staring off to. As I crossed the street, I see two girls, around their early twenties, and my mom only a couple feet behind them, walking in my direction. They are fixed on the dog and start walking directly towards me.

Once they got close enough, I asked, “Is this your dog?” and one of them replied with, “Yeah, that’s our dog,” as they took the leash out of my hands and just kept on walking without even stopping to thank us or checking to see if the dog is okay. Based on their reaction, the dog didn’t run away for long, but escaped while they were out, or they would have been a lot more surprised/worried. Also, the fact that they weren’t concerned at all for his condition signals that they are already aware that the dog is in that poor of a condition.

My mom made it her mission to follow the women back home. We decided to drive out in the direction we saw them walking. We got to the same spot where we first saw the dog and quickly spotted both women on the porch of the house across from the street with the garden.

They were standing on the porch, but we couldn’t quite see where the dog was. My mom found it suspicious because she had never seen a dog on their property before, but there was a dog house on their lawn. The house isn’t in the worse condition ever, based on the exterior view, but all the windows are boarded up and there are children’s toys and playscapes scattered all around the yard.

My sister and I had to continue going back to our dad’s. I got in contact with my mom over the phone once I got home. She said that she wants to report the women for animal cruelty, but she doesn’t want to do it right away because they could attack us or our house. Her concern was they would end up harming her or setting our house on fire (It already caught on fire once). We can’t call the police to make sure we are safe because being in a high crime city makes us not necessarily their main concern. She claims she will report them on Monday, but I’m scared they could move the dog out by then or it would be too late. Is there anything I could/should do in a situation like this?

Summary: My neighbors dog escaped in terrible condition (from possible neglect or abuse). I found him, but I was spotted, and they took him back to their home. They gave no reaction to the condition he was in and he only escaped just recently, so his condition was likely a product of their care. My mom is too afraid to report them until 3 days later due to her fear of them harming us. I’m afraid that they could move the dog or it could be too late by the time professionals arrive. What should I do?

Answer:
 Make an anonymous report to animal control in your county. Answer #2: Report it to Detroit humane society, the city gives them powers to ticket, charge and drag animal abusers into court.

Abuse hotline: (313) 872-3401.
https://www.michiganhumane.org/report-cruelty/

Edit: Added link.


Title: Corporate HR screwed up paperwork - Original agreement said I'm not allowed to work for competition, then they changed it and acted like it didn't exist

Question:
My original contract with my large Fortune 500 company says I'm not allowed to work for any competitors for two years after I work here. However, when I confronted leadership about this clause, they said I have the wrong documents. So I checked with HR, and they've changed my job title from the original agreement, and the contract.

New York, NY

What can I do?

Answer: I don't understand what you're asking or what you want out of the situation.


Title: Call from US Marshall?

Question:
A few days ago I received 5 calls from an unknown number. Because I don't answer calls from unknown numbers, I just let it ring. Fast forward to today and I realize that I have a new voicemail. The voicemail was garbled and hard to hear, but I got the following out of it:

>This is US Marshall [name] calling for [contract holder's name, not mine]. I'm gonna call you until you call back today because it's important I get in touch with you. This is for a violation of [unintelligible]. God bless you.

I have not received a call since those five, and I have noticed that there is a scam going around where someone claims to be a US Marshall and tries to collect some "fine" from you, but he made no mention of money. I tried googling the number and it's an unlisted Verizon number from Georgia. I googled the name and it is an actual name that shows up. His number is different from the number that called however. I did call back using a google voice number and it went to voicemail.

As far as I know no one else in my family has received one of these calls. And surely they would know the individual name rather than the contract holder's.

Would one ever receive a call from a US Marshall? If so under what circumstances? If I'm not mistaken, they only investigate fugitives, and I don't know any fugitives, so I'm not sure why they'd be calling me.

Thanks for the advice

Location: US

Answer:
 I'd also highly doubt that a US Marshall would sign off a phone call by saying "God bless you." Sounds really fishy.Answer #2: Contact the US Marshal Service directly.  You can find their number here: https://www.usmarshals.gov/contacts/districts.html

Ask if they know what this is about.Answer #3: > but he made no mention of money

Because this scammer knows that mention of money owed is *not* the way to get anyone to answer their phone or call back.


Title: Order of Examination to Appear in Court

Question:
Hi everyone, I have a close friend who I am trying to help/get more information for them. They lost a small claims court case over 5 years ago and has not paid for it at all, nor have any intention too (and unable too as well). The other party has tried to garnish wages and bank accounts when judgement was first passed, but they have failed. And if they were to try again, nothing has changed financially since that time(except retiring and collecting retirement, but the amount received is minimal and from what I have researched cannot be garnished unless it is gov't debt owed).

Recently, they just received a summons for an Order of Examination with a court date set after this many years, not even served in person but found it outside their door one day. And they are adamant about possibly not showing up for it either to just ignore it since it has been so long.

After being so long since a judgement has been decided/not paid, like 2001 or so. Can the other party still call my friend to court for this "examination"? Also, what happens if they were not to appear? I have done some research and it is said that a "bench warrant" (not exactly sure what that is) can be issued, even for small claims? What is this and how can it affect my friend?

Oh this is in California. Thank you to anyone that can help.

Answer:
 >Can the other party still call my friend to court for this "examination"?

Yes.

> Also, what happens if they were not to appear? I have done some research and it is said that a "bench warrant" (not exactly sure what that is) can be issued, even for small claims?

Yes.  It's an arrest warrant.

It's time to stop screwing around and come up with a plan to pay off the judgment in installments.


Title: My school just called me in...[Update]

Question:
Previous post: https://www.reddit.com/r/legaladvice/comments/3oqgg0/my_school_just_called_me_in/

So they called me in. The administration concluded I didn't do it. Sorry I've been off the radar for a bit, I made the reddit post when i got home and was overwhelmed by the everything that happened.

When I went home, my parents told my sister what happened, and she was surprisingly more responsive than I thought. She told me to stay off social media, dont talk to anyone about what had happened, not even my friends. She told me the administration had no proof of me doing anything and that they were just pointing fingers hoping to get someone. She told me because of my "disability" (I have high functioning autism) that they were less likely to believe me and more likely to profile me considering my past history. My parents were against the whole lawyer thing but she was persistent about it and I showed them the reddit thread. So at this point our lawyer is involved.

The next day the administration called me and concluded I didn't do it and sent me back to my classes. My sister however is still aggravated and wants a formal apology from the administration and the police officer who said he didn't believe I was being honest. She's angry that I was denied my rights to one of my parents being involved, and the fact that the police officer was so "unprofessional" while I was in the care of the school. Can I go anywhere with this?

I'd also like to thank you guys for all the support and advice.

Answer:
 Ask for an apology. I am not saying this due to your Autism but they didn't follow proper procedures.

Anyone in your shoes deserves an apology.


Title: I am a manager at a corporate restaurant suspended for stealing accusations

Question: As the title says, I was suspended for accusations of stealing. I have been with the company for 7 years and just transferred to a new location in a different state. The owner is accusing me of comping/discounting customer checks. He and the regional manager sat me down and tried to ask me questions about customer checks that had happened at the beginning of July. I was suspended with pay. My new owner has coached me on a few different things and I changed my way to his way. But after I find out the verdict from the legal department, I do not want to stay in my current restaurant. What are my options here? Who is my best contact for representing me?

Answer:
 Your employer hasn't done anything wrong here. You are most likely at-will employment, which means they can terminate you for pretty much any reason. You are at the mercy of their internal investigation

> What are my options here?

If you quit, you won't qualify for EI. If they terminate you, you possibly could.


Title: County got court date wrong and I showed up on a day that court wasn't in session, and got a new date. Should I ask for compensation?

Question:
I got a speeding ticket not too long ago. The court date was set for July 30th and I took three hours off work to attend (I'd rather get put on probation, pay the $20 court fee, and do community service than pay $210 and it be on my record). Turns out it was for July 30, 2014 a year ago! They clerks were very nice and told me that they must have made a mistake. Not wanting to cause a scene I just said okay and they gave me a new court date which is tomorrow August 19, 2015.

Now, should I ask for compensation for losing 3 hours of work due to a fault on their side? If so, how do I go about it?

Answer: You're not going to get compensation for that.  Forget it and focus on your new date and getting the best possible outcome for your ticket.


Title: NE - My older brother stole my mom's cousin's fentanyl. My mom's cousin called the cops and she told them he stole it. My brother got arrested but no one will tell me what's happening because I'm 17. I'm scared for him

Answer: Fentanyl is scary stuff. I honestly couldn't imagine prescribing it to someone who isn't terminal. That stuff is exponentially more dangerous than heroin.  A lethal dose is measured in micrograms.  This is super serious business.


Title: [Russia] My girlfriend and I came to work here as English teachers and both got screwed over by the company that hired us.

Question:
I don't know if either of us has a leg to stand on, primarily because this company works under the guise of being a volunteer organisation and our contracts do not directly mention money.

However, both of us came here with the understanding that we would be working for three months with accommodation provided and a certain salary, and at the end of the time receive a bonus payment equal to one month of salary. We have this documented in email correspondence as well as our signed contracts.

After two months, the branch where I was working had to suddenly close and on very short notice (five days) I was informed that I had to pack up and leave, so I have to pay the very expensive price of rebooking flights as well as losing two months of pay.

My girlfriend was located in another city, and had exactly the same thing happen to her. Her contract said she would be working for three months and receiving a bonus but without explanation her time was cut short to two months and she receives no bonus.

Because I could not afford to rebook my flight to South Africa, I went to where my girlfriend was staying and joined her in the corporate flat until my existing flight, since it was my only option. Now without warning the company deducted a huge amount of her final pay with the explanation that it's because of my unauthorized stay.

As two broke early-twenties people who spent every cent of our savings to do this sort of thing for the first time, this has been a shattering, terrifying, emotional time and we've felt extremely helpless and cheated. And I believe that the company we worked for has shown extremely poor faith and made no effort to improve any of the situation.

I don't know if we have any legal leg to stand on to get any payment out of this, but at the very least I want to find out if there's anything that can be done to prevent this from happening to anyone else after us.

If anyone can give any advice or even just an idea of how to get back on our feet, it would be hugely appreciated.

As a small side-note, the company also promised to reimburse us for use of local public transport, and while I was only a very short walk from my workplace, my girlfriend had to take the bus many times and no mention was ever made of reimbursing her for that either.

I didn't want to think about pursuing legal action against the company but the absolute lack of basic decency that they've shown has pushed me to want to do something about this. They have a long history of looking for excuses to avoid paying people what they owe them, and showing no responsibility at all towards the people who come to their country to work for them. Unfortunately I didn't know any of this until it was too late.

If there's any important detail I'm leaving out or information you need, please let me know and I'll do my best to fill you in and back up everything I've said.

Answer:
 You can sue them for breaching your employment contract. Contact the bar association in the state you were employed, and they will be able to recommend an appropriate lawyer for you.

Also, and I'm sure this is a typo or something, but you say that your contract was for three months. Then you say you worked for two months and when they cut you loose you lost two months of work? That doesn't quite add up.Answer #2: Unfortunately this sort of thing is very common.  A friend of mine has been teaching abroad for nearly a decade and has never had the reality of a situation match up to what was contracted.

To avoid this sort of problem in the future, there are websites where foreign teachers review schools, post salaries and other benefits, etc.  glassdoor.com, gooverseas.com, goabroad.com and others.


Title: Blogger Using My Work Without Permission - UK

Question:
Today I was checking my blog stats and noticed a few hits coming from another blog - I headed over there to check it out and found an article very similar to one of my own, and, as a huge header, an original image I'd made specifically for my article.

The blog did credit me and linked to my website at the bottom (hence where the few hits had come from), but the blogger hadn't asked permission to use my image and had posted it all over their social media (without credit) promoting their article. Their article has had upwards of 400 shares so far in a few days (although I have far more social media followers/web presence).

I make my living from creating images like the one I'd made for my article, and I usually license them out to clients to use in similar contexts and make a fair wage from this.

Any thoughts on how to proceed? I'm thinking of quietly emailing the blogger soon, but it's so tempting to make a show of it as, ironically, the article is about not having your work taken advantage of!

This isn't necessarily a huge deal, but it would be great to hear some rational advice on how to approach this.
Topic:
Intellectual Property

Answer:
 Legal advice: The UK has a process quite like the American DMCA take down notice that you send to get your work taken down, and if they refuse then you sue them for damages.

Not legal advice:
However as a fellow creative I would suggest that you politely reach out to the blogger, point out the irony of the use of your work without permission in a post about misusing creative work.  I would politely inform them of my standard rate for that work in this email and suggest that the blogger make a donation of a fair % of that rate (something you think they can afford but will send a message) to a charity of your choosing. This offers them an easy out and allows them to save face. If I where you I would also publish this email to my own blog and social media feed so you can look like 'a good guy' while still standing up for yourself. Obviously any results (the eventual donation ideally) would be posted by you as well.


Title: Legal

Question:
 Divorce, halfway through a college pact.
Question:Say there is a couple that met fairly young, when they get married they both have their high-school diplomas.

The decide that they are going to take turns getting their college degrees. The husband gets a job on the basis of his high-school diploma, while the wife goes off to college. Husband's job is highly stressful to him and he hates his job, but he knows that its only for a while.

After the wife goes off to college and gets her degree. She decides that it was not really a good fit for her and wants to pursue another degree. Despite his desire to go to school and his discomfort, the husbands buckles down and supports her through her second degree.

By the time she graduates they are both in their late twenties and she believes that it is now time to have children and she is ready to settle down. The husband disagrees and really wants to go to school. At this point their relationship breaks down and they are headed for divorce. The husband is left with his high-school diploma, while the wife has two degrees.

Are there any avenues that the husband can pursue to get his education and living costs paid for by the wife? Does he qualify for alimony even through he was the sole bread winner? Is there any case-law that has an ''education pact.''

TL;DR: Couple has education pact. Husband pays for wife's college but relationship breaks down before his turn at education.

Answer:
 The court will decide who gets what in the event of a divorce - from assets to debts to alimony.  The husband can certainly argue that he should get more, due to this 'pact'.  The judge may or may not agree.Answer #2: It sounds like the husband is essentially making an argument as to why he believes he may be entitled to alimony.  A lawyer in whatever state the divorce action will be heard can advise as to the merits of that argument.

In the more extreme example of a spouse who has forgone education to care for children of the marriage that might be a compelling alimony argument in some states.  How well that argument works in these circumstances is a legal question that can only be answered by an attorney aware of the entirety of the facts.

Edit: autocorrect mistakeAnswer #3: > The decide that they are going to take turns getting their college degrees. The husband gets a job on the basis of his high-school diploma, while the wife goes off to college. Husband's job is highly stressful to him and he hates his job, but he knows that its only for a while.

Coulda told you how this story would end.


Title: Question about ADA, my college's attendance policy, and my recently diagnosed autoimmune disease

Question:
Sorry for the fuzzy title, this is a complicated situation and it needs some explaining!

To start, I'm a student at a college in Sarasota, Florida. The school is technically private, and is accredited with SACSCOC (this is important information for the attendance policy part). Basically, at the beginning of the school year i was loosely diagnosed with an unspecified autoimmune disease that my doctors think is Hashimoto's. It has absolutely ruined this semester for me. Our attendance policy basically says that you get 1 free absence, the 2nd absence marks your final letter grade down 1/2 level (ie. A+ goes to A, A goes to A-) the 3rd marks it down 1 full letter grade (A to B) and the 4th you automatically fail the course. So far, I'm pretty sure I've missed all of my classes 3 times. It's been unavoidable. I'm extremely sick as my doctors aren't able to put me on medication yet. I can absolutely provide the school documentation for how severe my condition is right now. But apparently because of who we're accredited with, they can't let me pass my classes if im sick again even if i manage to finish all of my work. But I've already paid for this semester and also this is my dream college and I'm not willing to just give up.

&#x200B;

My professors all more or less blame me for how behind i am rather than understanding that I'm behind because of a disease that i have no control over. I've been told by faculty and staff that dropping out is my best option and that they can't offer me any accommodations since they wont budge on the attendance policy. This just doesn't seem right to me. I was a good student before being sick, and they know that. This just feels like they're not complying with something in the ADA... maybe i'm wrong. But it just doesn't seem fair that i'm paying so much money only to be failed because I have a chronic illness. It's not like i'm just skipping class for the fun of it.

&#x200B;

So my question is: can they really fail me? Do you think theres anything i can do so i can atleast pass this semester despite my absences? I'm running out of options here, i can't afford to pay my medical bills and start paying my student loans off if they *do* kick me out. (let me know if yall have any questions, i have wicked brain fog and typing this up has been hard lol)

Answer:
 It does seem like you should take a medical withdrawal.

And I have Hashimoto's and this doesn't sound right...


Title: Advice Suing A School For Aftermath of A Sexual Assault

Question:
Throwaway account, all advice is greatly appreciated, due to the sensitive subject manner I would appreciate not having larger debates on the politics around this issue as I am a single individual seeking help in the aftermath of trauma.

I started a graduate program at a large state school in August 2018 and was sexually assaulted in September. I reported this assault to the proper resources, however the aftermath of the school's response left me so emotionally burned that I was forced to leave the program and enter a partial hospitalization program (4 weeks) to deal with the effects of PTSD and suicidal ideation. I am currently doing better and continuing treatment/rebuilding my life, however I still have a hefty sum of loans to pay to this institution. I would like to try to send a demand letter in hoping they will settle with me, failing that I want to sue them to help have closure both financially and emotionally.

My main questions are is this a viable case, how to go about a demand letter/suing (are there pro-bono services I can access as money is a current issue), and do I need to return to the state to do so (I have moved home which is several states away)

Background:

\-I was unable to continue with school counseling due to a session limit and my therapist not being equipped to deal with trauma (I didn't have health insurance in this state so I waited over 8 weeks to see someone at a local women's shelter)

\-When contacted by a school advocate meant to help with sexual assault none of my professors responded to requests I had regarding accommodations

\-In my seeking an emotional support animal, my roommates were informed of my need without my knowledge (this caused me to have a panic attack) and when I reached out to housing to understand this situation mid panic attack I was hung up on by the secretary and not contacted back (I currently was working for Housing as an RA as well)

\-When Housing was informed that my animal needed to be hypoallergenic to meet a roommate's needs they never informed me, it wasn't until after I got my approval and animal that my roommate told me that they had told housing

\-Housing then continued to prioritize my roommate's need over mine. They didn't want to move so I was given an air filteration system, which was and invasively installed by maintenance causing me to have another panic attack

\-After this I filed a complaint with the diversity equity and inclusion office who essentially told me that I needed to be more sensitive to my roommate's issues

\- During this time I had security called on me multiple times as well as Care Reports written about me. I had a mandatory internship at a department in the school that was able to access these reports and they greatly affected my perception as an employee of this department. Housing did not apologize for any of the distress they caused except a meeting the next semester after which they submitted another report on me.

This all happened the 1st semester I was there. At the beginning of the 2nd semester I was starting to burn out and decided to be able to finish I would need to scale back, I dropped a class and decided to ask my  internship supervisor about lessening my time with clients and instead doing project based work during my time there. They said they would reach out the my internship director and we would meet that Thursday. On Wednesday my internship director called me in and basically said I was no longer allowed to be in my internship and persuaded me to withdraw from the university.

\-I would not be able to stay at full-time status without my internship/or stay on program track (internship 3x a week)

\-They did not offer me the option of medical leave, despite my decision to pursue hospitalization and I was instead forced to completely drop out of the program

\-I was then called by the dean of students to be informed I had missed the tuition refund date and would need to pay 1/2 tuition for this semester

\-I fought this through the Omnibuds office and was finally able to win something and did not have to pay for this 1/2 of the semester

(Through all of this I had managed to maintain a 3.9 GPA)

Thank you for taking the time to read this and again I appreciate any advice or help possible

Answer: Consult an attorney but honestly I don't see a case.


Title: Falsely Accused of Sexual Assault [VA, USA]

Question:
Hi everyone,

I am currently a university student who is being accused of sexual assault from an incident that occurred 9 months ago. I have made a few mistakes which might make this situation much more difficult than it may need to be. I am very confused and would dearly appreciate anyone who can provide me guidance or help in any form.

9 months ago, I was out enjoying a few drinks with my friends when this girl had texted me slightly tipsy. We began to exchange texts for a couple hours and eventually she asked if she could come over to my place to which I agreed. She came over to my house and began to undress herself. After taking off her dress, she jumped onto my bed. We stripped each other off and began engaging in some foreplay. Right as we were about to have sex, she stopped me and had told me she didn't want to because she was a virgin to which I agreed and stopped. I told her it would probably be for the best if she went home and I lent her some clothes. While she was dressing, we continued to fool around but not engage in sex (I realize that wasn't the greatest of decisions). She left and didn't hear from her for a couple days. I texted her because I wanted my clothes back to which she replied very negatively and stated something along the lines of how her vagina was sore. I was awfully confused because we did not have sex but went along and simply apologized without thinking too much of it. When I went to pick up my stuff, we had a calm conversation and agreed that we shouldn't really talk because she was starting to experience depression again. I proceeded to delete her number and any text messages since I wasn't planning to talk to her again.

Few months later, I began dating someone that she knew and she goes ahead and tells her that I sexually assaulted her. Not only was this the first time that I had heard that but it was extremely shocking because she had never mentioned anything along those lines during any of our conversations before. In addition, I've been told by my gf that she has gone around and accused me of that to others. Angry and flabbergasted, I contact her to tell her to stay out of my life and stop spreading rumors. She responds very aggressively and we stop contact while I'm hoping she would just stop.

Fast Forward a few months, I am instructed from my university that a formal request has been submitted to not contact her to which I found ridiculous but complied since I wasn't looking for any additional trouble.

Everything seemed to be settling down but recently, I have been informed by my university that she has submitted a formal complaint indicating that I have sexually assaulted her 9 months ago. I am now waiting to be in touch with someone from the office of student life to see the formal complaint but I am completely shocked and unaware of what needs to be done. Please help me.

Answer: Get a lawyer, now. Do not discuss this case with anyone without a lawyer present, and that includes your friends.


Title: DUI on a horse?

Question:
Edit: Montana.

Second edit:  looks like you can ride horses drunk in montana. They even have an ad that suggests it's the responsible thing do. Can't post link to YouTube. But the title is "sober friend" on the "plantolive" channel.

My wife and I were debating if you could get a DUI on a horse. A quick googling shows that you can.  I am conflicted by this.  As long as the horse is sober you would think that the drunk person would be fine. I have never ridden a horse but are they dumb enough to just respond to whatever the rider commands?  Second question: why is the penalty the same as a DUI in a motor vehicle. Wouldnt the horse be less dangerous?

Answer:
 >As long as the horse is sober

Let me just throw this out there from personal experience. Riding an intoxicated horse is not an easy accomplishment.Answer #2: This would possibly also be dependent on jurisdiction. One example would be is that in some States it is not illegal to operate a non-motorized watercraft while legally drunk, but in others like Maine they define a BUI as ANY watercraft. And from what I understand there is no way to expunge or have that charge pardoned.

As to why the penalty is the same - you still exert control while riding the horse. So bad drunken decisions can still kill you or other people. Consider also that an average "light" riding horse can be around 800lbs. With an average 200lb male that is 1000lbs - which can definitely be a bad day in a collision.Answer #3: In my state, you would get a public intoxication charge because my state defines a DUI as operating a motor vehicle, emphasis on the motor part.


Title: Sisters selling family and personal items without consent

Question:
This is a long story that I will try to keep short.  About a month ago my sisters in California told me that I had two weeks to return from the East Coast where I now live to go through family items in preparation for moving our mother into a rest home.  It was frustrating to be given such a short deadline, but I did it.  However, I did not have time to pack up everything I wanted and put it into storage and it was understood that I would return when the house went into escrow and finish the job.

Fast forward to nine days later - one of my sisters lets it slip that the estate sale people are coming BEFORE the house is put on the market.  I'm shocked as, not only do I have my own personal items filling many pieces of furniture to be sold, but I have not packed up all the sentimental items (like the family china that no one wanted) that will now likely be sold off as part of the sale.  My mother has asked my sisters to wait and they said no, revealing that the sale people are actually coming tomorrow!

First, do I have some sort of tenants rights as I used to live in the home and still have personal items there and was never given 30-days notice?  Also, the home is in a trust and my mother and I are the trustees, and both of us have said we don't want the sale to take place until I can get there in 2 weeks.  They have no legal leg to stand on, right?  And what kind of damages can I exact if they do move forward with the sale and sell the items my mom left me and/or allow strangers to go through my belongings (and either dump on the ground, take, trash, or...?).  I just feel helpless and that I don't know what to do.  Help!

Answer:
 The first thing I would do is get the documents governing the trust and read them so I knew exactly what my rights/obligations are in regards to the house.

Has your mother given anyone power of attorney?


Title: Suing Nationwide Insurance over refusal to pay claim in Arizona. Seeking advice on wording of complaint, and other documents I may need to file.

Question: After consulting with several attorneys they are all in agreement that Nationwide Insurance is in breach of contract by refusing to pay my claim.  They say the case is too small for them to handle (less than 10k) but have strongly urged me to sue Nationwide Insurance in justice court.  While I know I have a very strong case I am not confident about my ability to word documents correctly; I don't want Nationwide to beat me over semantics and/or technical details.  Would anyone be willing to take a peek at my complaint?  It's brief so not a big deal but also looking for a second opinion on anything else I may need to file in the future.  Thank you in advance!

Answer:
 Sorry. Not something we can do here.

You can contact legal aid (links in wiki) or a local law collegeAnswer #2: I would keep calling attorneys. You'll find one that has a young attorney that could use the experience, even on a small claim. Likely going to bill you hourly though. But if you do go into small claims court, the judge will bend over backwards to make sure the case is decided on the merits. Most courts have in the court rules a provision for very liberal amendments to pleadings, so if something is worded wrongly or somewhat incorrectly, it can be fixed to reflect the true nature of the dispute between the parties. Hell, in Michigan, the rules allow for the pleadings to be amended after a judgment has been entered. All a complaint like this needs to say is that there was a contract, the contract said I had to do xyz and I did, the other side was supposed to do abc and they did not and because of that I'm out $xxx.


Title: [IL] Given a speeding ticket while stuck on the roadside. Cop never even saw my car move.

Question:
I was traveling on I-39 in Illinois and lost control of my vehicle when trying to change lanes in the snow. I ended up in the grassy median facing the wrong direction. 30-60 minutes after I end up in the median a state trooper comes by to check on me and I end up getting a speeding ticket for traveling too fast for conditions. I was going around 55 MPH(70 MPH is the posted limit). There was snow on the road and it was limited visibility.

Are cops allowed to give tickets like this without actually witnessing an infraction? And if not, is there a way I can fight this without going to court? The court location is several hours away from where I live.

Answer:
 The fact that you lost control of your vehicle is evidence that you were traveling too fast for conditions. If you hadn't been traveling too fast for conditions, then you would not have lost control of your vehicle and crashed.

The ticket is legit. 55mph when there is snow on the road and limited visibility is not safe.Answer #2: Holy shit you were going 55 in yesterday's storm?

Yes totally valid.Answer #3: I'm a cop, yes they can write these citations.

They will use the fact you ended up in the median as evidence you were going too fast.

I certainly think you could fight it in person if you come up with a good defense.

    (625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
    Sec. 11-601. General speed restrictions.
    (a) No vehicle may be driven upon any highway of this State at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.


Title: Is it legal for my employer to take money out of my paycheck?

Question:
Im a gas station attendant in New Jersey. I pump gas and diesel and take cash and give change. My employer knows how much I sold in cash and how much cash I hand in at the end of the day. If I am short money, is it legal for them to take it out of my weekly pay? Know that I may be short from giving wrong change or people driving away without paying. I signed a contract when I started that said I was responsible for all cash that I handle. I am over 18 but the contract was just a single sheet of paper they had written up.

Already looking into other jobs because gas station pay aint great. And so far its only been 7 dollars. Its not urgent but I'm wondering its legality.

Answer:
 I don't practice law in New Jersey, but it appears that docking your pay for cash-handling mistakes is illegal there:

https://4duhi51qwr1221fore2931fd-wpengine.netdna-ssl.com/wp-content/uploads/nj-payment-wages.pdf

Your boss can, however, fire you for making mistakes.


Title: I slipped and fell in a grocery store. Nothing life threatening but should I pursue legal actions?

Question:
I was in Albertson's and suddenly I slipped. There were traces of coke on the floor from one aisle to the other. One of the store managers noticed the entire accident and proceeded to help me. Unfortunately they had no wet floor sign. my right knee was bruised and my left ankle was badly sprained. I went to the hospital to get an x-ray and no bones were broken. How should I proceed from this point on? Is it in my best interest to sue and/or will I receive compensation. I'm honestly not trying to scam the store or anything but I really hope the store will pay my medical bill and the days off from work.

Location: Louisiana

Answer:
 Start by contacting your health insurance company.  They may be entitled to subrogation from the grocery store.  If so, you might be able to piggyback on them for your out-of-pocket expenses.

If the health insurance company is unable (or unwilling) subrogate, you can approach the store yourself and ask for compensation.  As long as your demand is reasonable and documented they are likely to work with you to reach a fair amount.


Title: Employee just confessed they have HIV

Question:
I'm in Utah, Company is based in Ohio.

Not sure if this is the place to ask, just want to know what I should be aware of.

&#x200B;

I work in a shop that uses Power and hand tools which naturally creates an environment where minor bleeding injuries can occur.  As the title states, an employee of mine very recently divulged that they are HIV Positive and have been for a while.  They have worked for my company for about 3 months and only brought forth this information in an attempt to win a perceived argument.

&#x200B;

Assuming they're telling the truth, What am I looking at legally to protect myself and my employees?  Can/should I share this information?  What should my company be doing to protect me and their selves?   What questions should I ask of my direct reports?

&#x200B;

Thanks in advance Reddit.

Answer:
 First of all, he didn't "confess" it isn't a crime to be ill.  However, from a legal standpoint, your employee is protected by the ADA. You can not tell anyone, you certainly can not fire them, the most you can do is ask health related questions in private to confirm he is well enough to perform their duties.  And that is even iffy.Answer #2: Good news, the biohazard protocols set forth by OSHA that you're following provide ample protections for you in this situation.

You are following those protocols for an injury involving bleeding at the workplace, right?


Title: Are lawyers allowed to do this?

Question:
Hypothetical Situation:

Bob calls his lawyer and tells him that he murdered someone near a gas station in the middle of no where. The lawyer comes to the gas station and see that there's a surveillance camera pointing towards where the murder took place. Please note that no one has reported anything to the police. The authorities don't know anything about this. No one knows someone was murdered except the lawyer and Bob. The lawyer buys the recording to the surveillance camera from the owner of the gas station. He destroys the recording without looking at it.

Will the lawyer be punished for what he did?

Based I the research that I did, I found that nothing should happen to the lawyer unless the lawyer destroyed it after it had already been reported. I'm not sure whether this is correct or not.

Answer:
 I don't think passing the bar gets you a get out of jail free card for being an accessory.Answer #2: >Based on the research that I did, I found that nothing should happen to the lawyer unless the lawyer destroyed it after it had already been reported. I'm not sure whether this is correct or not.

It's not. In addition to being the sort of professional misconduct that would almost certainly lead to the lawyer being disbarred, it would also be some form of obstruction of justice or evidence tampering (generally a serious felony) and in some jurisdictions could even make the lawyer an accessory to the underlying crime.Answer #3: >Will the lawyer be punished for what he did?

Yes. At a minimum, the lawyer had constructive knowledge that the surveillance camera captured evidence of a crime. The lawyer has engaged in the destruction of evidence and is now an accessory to murderAnswer #4: >Will the lawyer be punished for what he did?

Yes. An attorney cannot do something illegal (destroy evidence) nor advise their clients to do anything illegal in the course of representing their clients. They would almost certainly be disbarred and prohibited from ever practicing law again; and its highly likely they would be prosecuted for the destruction of evidence and anything else that could be made to stick.

The defense attorney would not be required to call police attention to the surveillance camera, but of course pulling any possible surveillance video is police investigation rulebook 101.


Title: Someone hit my car at my building and ran. I have a video of the suspect!

Question:
I live in a gated condo complex in Los Angeles.  I parked my car in its assigned spot last Monday afternoon, did not drive Tuesday, and came out to my car on Wednesday to find a massive door ding (it almost looks like a large foot print) in the passenger side of my car and no note from whoever did it. I called the police who did not come to file a report as it happened on private property, which really annoyed me.  So I contacted my insurance company to start a claim.  I also contacted my building's security team to see if they could review the footage from the security cameras and identify who may have done it.

My insurance company took down the information and sent me to the body shop for an estimate, and it came out to a little less than $700.  My collision deductible is $1,000 and my comprehensive is $100, so I was really hoping they'd consider it comprehensive (I was pushing for vandalism), but no luck.  Since my deductible was more than the damage, the insurance company closed the claim.  When choosing my deductibles, I did not envision this scenario and will definitely be changing them moving forward.

Security had been reviewing footage for the past week and finally found something.  On Tuesday night, around 8:25 PM, a large white truck parked in a spot right next to my car, opened their door, then got back in their vehicle and re-parked further down the parking lot.  The truck matches the white paint that was left on my car, and although its hard to tell for sure from the footage, it does appear that the door on the truck is damaged.  Unfortunately, due to the angle of the camera, it doesn't actually show the door hitting my car, but the video does fit my theory of what happened.  It was very windy Tuesday night, so I imagine that when the driver opened the door, the wind took it and slammed it really hard into my car.

All residents have their vehicle information registered with the HOA, and all guests have to check in with security.  Security checked the logs and was able to give me the name of the driver, as well as the name and phone number of the resident they were visiting.  The truck had a temporary plate and it was not legible on camera.

At this point, I'm wondering what to do.  My fear with contacting insurance and/or police first is that they might look at the video and say "So what?  This doesn't prove anything".  Using the driver's name, I was able to find their Facebook profile.  I have a friend who can do a skip trace for me and get their address.  What I'd like to do is go by their house and try to covertly inspect the truck's door for damage.  If I can get a photo of damage and/or my paint on the door, I think I've got enough evidence to proceed with an insurance/police claim.

I was also considering calling the driver's friend (the resident in my building) and telling her that I have video of her friend hitting my car and that she needs to have the driver call me ASAP or I will be filing a claim with police and my insurance and for asking for hit & run charges.  If this person did hit my car, and doesn't know what the video shows, I'm hoping this would be enough for them to confess and make payment arrangements.  If they say that they didn't do it, then I'd have the photo of the damaged door and I think that would be enough to prove my point.

I want my car fixed more than I want this person to get in trouble for hit & run, although I wouldn't mind both.

What does /r/legaladvice think of my plan?  If you don't like it, what do you recommend I do?
Topic:
Traffic and Parking

Answer: IANAL Perhaps speaking with the neighbor might help. Maybe if you speak calmly and politely to him/her, and say something like: "Hi, I'm ___ and I drive a ___ that I park down there.  One of your guests, a guy in a white pickup truck dented my car.  He probably didn't realize it at the time, so I thought I would try speaking with him instead of getting police or insurance involved.


Title: KFC making a minor student work late hours (Illinois)

Question: My nephew (16 years old) got a job at KFC in Illinois. He is still in school and goes every day. He has only been working there for a few months, but this place is notorious for making underage students work long hours, even during the week, when they have school the next day. As far as I knew, it is illegal for jobs to make students work more than a certain amount of hours, or to work late on school nights. I was just wondering, am I'm wrong in this understanding? To be clear, he wasn't scheduled to work extended hours. They made him stay 2 hours later than his shift was due to end. He has school in the morning, as well as homework, and I'm afraid that they will take advantage of him and cause him to work later and later, more and more hours, and he will have no say in this. Thank you in advance for your input.

Answer:
 Start here:

http://www.dol.gov/whd/childlabor.htm

As I type this, no one else has answered your question, but in the few minutes it takes me to finish this note, I am sure at least one person is going to tell you that your son "always has the option to quit" or some other form of just bending over.  Please, do not listen to those people.  Call the Department of Labor, describe your situation, and follow their advice.  It won't cost you anything, and it will give you a real answer that respects the rights that your child has not to be exploited by some businessman in a cheap chicken outfit.

And now the short answer: you're right.  Child labor is heavily regulated in the U.S.  Sounds like the employer here is asking for trouble from the Department of Labor.  It would be clearer if he were 15 instead of 16, but it's worth making the call to get the real answer.


Title: (FL) Is there anything else I can do to keep people(aka vegetable theives) off my property?

Question:
I live on 50 acres of land in Florida. The 8 acres surrounding the house and vegetable garden are fenced(split rail fence with chicken wire, 5.5 feet high). The rest of the land is not fenced due to it being heavily wooded along with wildlife and cost but I do have **no trespassing** signs. I also have **no trespassing** and **beware of dog** signs on the fence.

This morning was the third time I've found someone stealing vegetables/fruit from the garden. I sell at a farmers market and when I sell there I have to my address listed and I'm assuming that's where they got my address.

Luckily this one just ran away, one reacted aggressively in the past but I managed to fend him off until the cops arrived.

Is there something I'm missing? Is there any other legal way to keep them away?

Answer: Motion detection sprinklers


Title: [USA, CA] I have clear surveillance footage of men trespassing on my property, breaking cameras on several different occasions. We identified them on Facebook. What now?

Question:
So it's a long story, but basically we installed cameras on our home because we had a series of break ins and robberies. We were not sleeping on my house because we were doing extensive remodeling.

Not long after installing that and a security system, we noticed them coming late at night to tamper with my cameras and point them all towards the ceiling (9 cameras in total).

For a few months we had nothing but night vision shots of them being covered in hoodies. A few distinctive features like bikes, hats, shoes, belt buckles and height were noticed.

They stopped going for a while since one officer started swinging by our property at night, but then we moved in and they showed up one night and yanked a camera from my wall. I didn't notice till the next day. He left a screw driver outside my lawn, which an officer took. It was night vision footage. We see bike, his lookout, him ripping out the camera, and can see his shoes and hoodie but not a very clear image of his face.

Now they've been showing up in broad daylight and we have clear footage of one of them changing our camera position. The camera is in the front yard on our wall, high up, but we have no picket fence.

I should say that at this time, we are sleeping at my parents house a few blocks away because we have major plumbing issues being fixed. But every morning since we started fixing that, we drive by the house before leaving to work to make sure everything is ok.

My wife showed up home and saw a bike parked near or fence. She got off and there was a guy that looked like one of the dudes on our footage. She started screaming at him and pulled out her phone to take pictures. He blurted that he lost something in my yard and climbed in his bike got away.

The footage revealed him ignoring our no trespassing signs and coming into our back yard (by opening or fence), moves a camera, takes our giant flood lights off their sockets, then grabs a bucket to put the bulbs there and use it to stand on and move another camera before he dropped everything and got spooked by my wife.

We called the cops and they didn't recognize any of the guys. They offered no other solution besides looking at the previous footage and giving them a warning if they see them (though they've told me before that the no trespassing signs with extra writing saying we would prosecute would be enough for them to make an arrest).  Besides, they said we had no names.

We made a flyer of their faces with a description, email, and the dispatch phone number and put it on Facebook and printed copies to local businesses. A few hours later I get multiple emails and PMs with the same names and addresses.

Some even said they've called the cops on them for stalking and vandalism and even theft but they do nothing because they have no pictures or proof besides their word. I now have proof and the dispatcher won't send another officer until the last one we spoke to is on duty.

This morning a friend calls and said her mother in law got broken into last night, and the neighbors described the exact same guys (he wore a very distinctive jacket yesterday). They called us as soon as they saw our flyer because they know it's the same guy.

We have no idea what to do. We feel like the police aren't taking us seriously. What can we do? What have we missed?

Answer:
 If you have names and addresses make them show up to civil court and pay for all the damages. The judge will review your case and side in your favor or in theirs either way hopefully you scare them straight. Answer #2: Is there some way you could wire the cameras to an alarm that will go off if they're removed?  "Get a dog" makes a lot of sense, but it's not particularly nice to the dog (who knows if these people would hurt it in self defense), and a loud alarm on the cameras will probably quickly dissuade them just as much as a dog would.  A large dog is way more scary, of course, but setting off an alarm will surely make them run away pretty quicklyAnswer #3: The advice you are getting In this thread is all over the place. I like these three.

1. Keep contacting that cop. Let the department know you aren't going away on this.

2. If that fails, local news.

3. Sue them in small claims court.

4. My advice. Is there any way you can make the cameras more secure/hidden? Is there a way you can live stream the footage on the Internet? Answer #4: I had an industrial building that went vacant. Three months later I walk in on a dude stripping copper. Dude takes off, but leaves his bike and blood on the broken window. The arriving officer knew exactly who it was. $240,000 in copper loss over a three month period. Detective didn't even press charges. Answer #5: You can contact directly your city attorney or county prosecutor with your evidence, and ask for prosecution.Answer #6: Go to police with the video.


Title: I put the rent check in the mail on the 1st, they don't get it because of labor day until who knows when, I now received a late payment fee.

Question: [deleted]

Answer: Nope. Rent is due on the 1st. Not in the mail. In the hands of your landlord.


Title: (Texas) What to do about $ owed by Ex

Question:
My (2nd) ex-husband left me last year for my best friend. Our divorce was final in January of this year. In the decree, it stated that he was awarded the pickup truck that we had purchased - in my name, because his credit was so awful (I know, red flag, but hindsight is 20/20, okay? Apparently I am a terrible judge of character, as this is the second time this has happened) - and that he was to transfer ownership.

Well, it's August. He's not making payments consistently despite having a job, and it's starting to affect my credit. He also racked up a huge toll bill and let it go to collections - and guess what? It's all still in my name. Add to that the thousands of dollars in bills that he never paid after the divorce while we were settling accounts (phone, insurance, etc.) and I'm out a significant amount of money and my credit score is just getting worse.

If it were at all possible to just let it go, I would - but as a single mom, that's simply just not an option. What can I do - small claims court? Legal notice? I have no idea! Help please?

Answer:
 If the decree says he was to transfer ownership (however that's to be done... I'm guessing by refinancing?) and he hasn't done it, he's in contempt of court.    That also applies to the bills he didn't pay IF they were specified by the court.

So you file a contempt of court motion through your lawyer.


Title: Trouble with police as a minor

Question: Recently I was caught with a Thc vape pen at school. I had to go to an expulsion hearing and review my case on wether or not I should be expelled. But when I originally got caught, the schools resource officer gave me a card with a case number on it. It has been 5 weeks now and the police have made no contact with me whatsoever. The only discipline I received was from the school, I was put on probation at my school for 186 days. Why haven’t I been contacted by the police yet?

Answer: It's possible they have decided not to move forward with any criminal charges.


Title: Can an apartment manager visually determine if my dog is an aggressive breed?

Question: My dogs adoption and veterinary paperwork says that he is a pointer mix. I am not naïve and I know he is likely a pit bull mix based on how he looks. I have rented at 2 different places that have breed restrictions that have not questioned me or my dogs paperwork. However, I looked at a place today and when I told the apartment manager he was a pointer mix, she asked what he is mixed with and told her I wasn’t totally sure but I thought some kind of terrier. She then stated that she would “be able to tell by looking at him” whether or not they will allow him. Is it legal for her to do a “visual inspection” of my dog to determine his breed? I am located in Wichita, KS.

Answer: "Pit bull" is not a breed, but a fuzzy physical description that fits several breeds of bulldogs and terriers. Unless you're claiming this dog is an ESA or service dog, a landlord can restrict it for any reason they want. Their insurance for the property may restrict pit bulls as well.


Title: [GA] Pulled over because cop thought I was speeding, but ended up with a ticket for not using left turn signal.

Question:
In Atlanta, GA.

I was coming back from work around 9:30pm and stopped at a traffic light which was next to a police station. I proceeded to continue safely after the light was green and merged to the left lane. Little did I know there were two cops in the right lane, which didn’t affect my driving. I continued driving at the speed limit of 35 mph, then the two police officers slowed down, tailed me, and then pulled me over. They started with asking why it looked like I was in a hurry. I told the officer I was not and I know the speed limit is 35 mph, because I always use the same road when I finish work. So the officer seemed puzzled and asked for ID, then left to his cruiser. After 10 minutes, he came back and told me that he is NOT going to issue me a speeding ticket, which I was not speeding, but he gave me a ticket for failing to use my left turn signal when I merged to the left lane. He apparently did not see me use it, he saw me use my signals after he pulled me over. This is hard to believe, because there were three cars in front of me at the traffic light. Car #1 nearest the intersection was an impala (which was the car that pulled me over). Car #2 was a dodge charger with the radars on the trunk. Car #3 was a burgundy Toyota corolla. I personally do not see any possible way that the anyone could see 3 cars behind them if they used their turn signal.

This was 3 months ago, I went to my first court hearing and asked for a continuance, which was granted. My next court date is the 19th of this month. I have speeding ticket previously that I pleaded nolo. I am pretty sure I can get this ticket dismissed. The price of the ticket is not an issue, I just don't want to have an increase in insurance premiums.

What are my options?

Do you think this ticket is disablement, if so what can I do?

Answer:
 > disablement

What? Do you mean entrapment? It's not entrapment.

Are you saying you were behind the Corolla? It's possible that your front left turn signal was not functioning, although an experienced cop would have had you test it there.


Title: My dad has been sued by a bank he doesnt use.

Question: He has been sued for around 5k and he has had no affiliation with said bank. We live in new york and the bank is sueing for 5 grand. Apparently the bank is sueing because my dad had opened an account and  failed to make a payment of 200 dollars. The kicker is that said bank is from minneapolis. So could someone give me advice on how to advance on this ?

Answer: He needs to get an attorney and review the suit.  It's entirely possible that this suit is 100% legitimate, even if your father doesn't remember opening an account there.


Title: My brother passed away several years back, he had AARP life insurance, they didn't pay up.

Question: [deleted]

Answer: Did they say why they don't want to pay up?Answer #2: There are all sorts of reasons why they might not want to pay out. There could have been an exclusion period on the policy. There could have been medical exceptions to the policy. They might suspect fraud. They might not have all the paperwork they need from his estate. What is the specific reason they are not paying?


Title: I [33yom] am asking my ex wife [34yof] for $100 for every year she wasted of my life in Charlottesville, Virginia, USA with marriage that ended without my fault.

Question: Is that sueable for?

Answer: I can see why she is divorcing you.Answer #2: No, lol. Come on. She didn't kidnap you, you chose to spend your life with her.Answer #3: A week ago, you were engaged. Odd.Answer #4: You need more fiber in your diet. Answer #5: No. Answer #6: Nope.   Hurt feelings =/= monetary damages.Answer #7: No. Answer #8: NAL, but if I was, I'd ask to be paid in the form of Bodo's Bagels.Answer #9: I think you're supposed to create a throwaway if you're going to troll


Title: Help my horses and I might be kicked out of the boarding facility.

Question:
California
My wife recently lost her job and decided to start training horses. Today she was training a friend's horse and another friend wanted to see if she would let her sit in the saddle. When confronted by the stable manager my wife said she is training the horse. The stable manager told her she wasn't a horse trainer and because my wife is pissed off and doesn't want to talk to her right now she wants to kick my wife off the property. Keep in mind my wife and I have 4 horses at the stables that we board and pay for on time every month. Does the owner have the right to kick off my wife or myself off the property if we are working with a friend's horse with the friend's permission.

Answer: Stable owner is probably worried about the liability of your wife running a training business out of the stable. (Not clear if that is your wife's intention or not, but the owner isn't clear on it either because your wife won't talk to her.) If your contract with the stable owner does not say you can run a training business out of her stable., you probably have no recourse here.


Title: Denied Employment Due to Vision Test

Question:
So   my wife has been a RN for 3 or 4 years. She has a type of genetic macular degeneration that creates a blind spot in her central vision. Shes   adapted (glasses, side vision etc) and function well. Her only real   weakness is shes bad with faces. Shes been working home health pedes for   the last few years and does excellent.

Shes   been seeking a Doctors office job and accepted a position (or so she   thought) locally with a doctors office owned by a local hospital system.  The job was a phone RN  position at a small Doctors office. As in she  took calls and gave  recommendations to patients on whether or not to  make an appointment.  She would fill in triage RN if needed on weekends.

She   took a employee general health screening and "Local Hospital System",  Despite passing all of their other test and orientation requirements.   Local Hospital System is now reversing and denying employment because  her vision was worse  than 20/40.

Shes  got a follow up  employment with a Local Hospital System employee  health Dr on the 24th to tell him why she  should be excluded from  vision health requirements. I'm no lawyer but  If shes perfectly capable  of doing her job, denying her a job due to her  disability is illegal?  Right? The worse part is she put in her  resignation letter weeks ago as  she was told she had this new job.

According   to the internet lawyers. Not hiring her because of her vision   impairment would be a violation of ADA. She doesnt need any special   accommodation to perform her normal job functions. She can perform the  job she was hired for perfectly fine.

[https://www.eeoc.gov/eeoc/publications/qa\_vision.cfm](https://www.eeoc.gov/eeoc/publications/qa_vision.cfm)

>An  employer may not withdraw an offer from an applicant with a vision   impairment if the applicant is able to perform the essential functions   of the job, with or without reasonable accommodation, without posing a   direct threat (that is, a significant risk of substantial harm) to the  health or safety of himself  or others that cannot be eliminated or  reduced through reasonable  accommodation. ("Reasonable accommodation"  is discussed in Questions 10  through15.  "Direct threat" is discussed  in Question 16.)

Any  input? Did my wife just shove herself into unemployment? If shes denied  employment. Should she call a lawyer? She feels like shes being  discriminated against. Is She?

Answer:
 The key word here is reasonable. It is permissible to deny someone a job opportunity if their disability unreasonably impairs their ability to perform a necessary function of the job. For example, a person with a serious vision impairment would not be hired as a driver or airline pilot. Without knowing the specific job requirements for the position your wife applied for, it is impossible to say if reasonable accommodations exists for that position. If it is a blanket position that no candidate with worse than 20/40 visions will be hired, that may very well be illegal. The devil is really in the details on this one. This would probably be worth speaking to a disability/employment attorney about.Answer #2: > I'm no lawyer but  If shes perfectly capable  of doing her job, denying her a job due to her  disability is illegal?

They will argue that she cannot, and if an employer has a bona fide occupational qualification that requires 20/40, they can use that as a defense in court.

She will need a disability rights lawyer here. It's going to be extremely fact based.


Title: I sold someone a truck "as is" in MA, they say it didn't pass inspection - am I liable to rebuy the truck?

Question: please help

Answer: In Massachusetts, the [Lemon Aid Law](http://www.mass.gov/ocabr/consumer-rights-and-resources/autos/lemon-laws/lemon-aid-law.html) allows the buyer to void the sale if they can show you proof that the vehicle failed inspection within 7 days of purchase, and the costs to get it up to par would be more than 10% of what they bought the vehicle for. If they can't send you both, with the inspection notice dated within those 7 days, all bets are off. But if they do, they can get a refund.Answer #2: Are the words "as-is" on the bill of sale or on a copy of any other paperwork from the sale?


Title: TX - Girlfriend I live with dumped me but won't move out. Now refusing to pay rent, and situation is becoming hostile.

Question:
Thanks so much for taking a look, because I have no idea what my options are.

* We are both on the lease, and after a small fight she has stated she will no longer be paying rent.
* She hardly has any money and can't take over the lease.
* Because the above, she says she will be moving out in October or November at the earliest.
* I do not think she will be ready to move out ever. I forgot exactly when it's up, but I believe it at least goes to December (I'll find out when I get back home).
* With my protest, she has begun doing drugs in the apartment. Can I use this to my advantage or will I get in trouble since it is also my apartment? I'm especially worried about the drug situation.

I tried talking with her calmly about moving out which is when she stated she would no longer be paying rent. It was a hostile conversation on her part, and I'm thinking our living situation will only get more hostile.

I'm extremely stressed out and am not okay with this situation. Is there anything I can do.

Edit: Some stuff for clarity. Also transporting some of my valuables to my Dad's house in case she goes crazy.

Edit 2: Life is getting really crazy. No time to respond, but I will be reading everything.

Answer: Well it is a tough situation since you are both on the lease. I would talk to the landlord about what it would cost to break the lease early and explain the situation to them. It might be worth the money to just get out early and move on.


Title: Threatened with legal action for someone else's loans (mistaken identity)

Question:
I live in Canada. Approximately five months ago I started receiving emails regarding "my" accounts on several South African loan web sites. I did not sign up for any of these accounts. The name that the emails are addressed to is not my name. However, the initials are the same as my initials. It seems someone used the wrong email address by accident.

My email address was used to take out loans from about 15 different lenders in South Africa. I contacted each of these companies to let them know of the error. The bank account info for this person was sent to me via email as well. None of these loan sites have a confirmation process for new accounts (anyone can specify any email address and create an account and request a loan immediately).

Recently I was emailed from a collection agency, asking me to pay the fees that were owed to two of the sites. I replied and explained that someone had used my email address by accident, and that the bank information and details do not belong to me.

Today I received two letters from the collection agency, saying "We note that you have chosen to ignore the Letter of Demand sent to you on 2018/09/25, and unless payment is received within the next 24 hours, punitive action will be taken against you."

Is there anything else I can do in this situation? Is there any legal action that can be taken against me? Should I just send all of these emails to my spam folder?

Answer:
 Sounds awfully scammy... scammish... scam-like.  I give up.

It would be a stretch of the imagination to believe that someone could rope you into this kind of international financial/legal trouble over nothing more than a mistyped email address.


Title: Came home to hear about how my family's pastor was going on a vacation with his family to heal. I found out that they need to heal because one of their daughters accused their father of physical abuse. What do I do?

Question: TX. I went to church with my family and at some point my family mentioned that they'll be going away for a month long vacation. My family later told me it was because one of his daughters (she's 16) accused him of physical abuse and outcried to her aunt and her boyfriend. Nobody has reported it yet, but apparently her boyfriends mom almost reported it but was talked out of it by the pastors family. Pastors daughter took back the allegations and her two sisters have said things to indicate she lied. My father even spoke with the pastor then decided not to report it. I know that I am a mandated reporter but is hearing a story second hand enough to report abuse? And can I remain anonymous? My family doesnt want to rock the boat and I dont want them to know it was me. I think I'll be shunned if I do.

Answer:
 The Texas CPS isn't supposed to reveal the name of the reporter to anyone, but you'll have to give your name to CPS if you want the protections of reporting; otherwise, you're a mandated reporter and they have no record of you reporting. I think I would go ahead and report this. Even as secondhand, there's enough there to give the investigators something to work with, and "needing to heal" could be (not necessarily is, but could be) code for "taking daughter away from all the people who might be in a position to help her."

&#x200B;Answer #2: Report what were told to CPS, immediately. Give the names of those she spoke to initially. Tell what the pastor told you.

That child needs help. Shame on those covering it up. Don’t let the fear of being shunned be stronger than doing the right thing.


Title: My landlord(s?) are randomly locking tenants out of their apartments with electronic gates and won't give us any way to unlock them.

Question:
Location: Nevada

Basically I live in an apartment complex and about two months ago they decided to install gates randomly with no warning to the tenants. This wouldn't be bad but they recently over the past 2 weeks have been locking them. The landpeople gave us ZERO warnings about the electronic locks.

Last night after going to see my mother (I'm a minor, she was giving me money to eat so don't lecture me about distancing) I came back to my sister and I's apartment but they had the gate closed and, for the first time, LOCKED. It was almost 11pm and I couldn't get in! If I lived alone I would be stuck outside until a neighbor left their house! I live in the back corner too, so nobody would've even seen me outside to help. There's a bunch of other ones being locked randomly too that has forced me to take different routes before. I even had to help a pizza delivery lady find a way in because they randomly locked gates to another apartment and she didn't know what to do. They also remove any attempts to keep the gates open, like putting a towel over the lock or rocks to keep the door from closing.

My apartments office has locked their doors and didn't tell people about their new, reduced office hours and it's a hit or miss if their actually inside or not. Is their anyone I can call to tell them that tenants are being locked outside with no warning and no way to get inside their homes? Thank everyone in advance.
Topic:
Landlord Tenant Housing

Answer:
 Nevada state law prohibits landlords from locking tenants out of their units, even if the tenant is behind on rent payments. (Only a sheriff can lock someone out after they've gone through the eviction process and been evicted. There's a eviction moratorium during Covid 19.)

The management company needs to provide a key or other way to open the gate (RFID fob, code, etc) to all residents who are on the lease or officially allowed to live there.

Make an attempt to call/talk to/write to the management company and get keys as soon as possible.

If you're locked out again call the emergency number for the property. If there's no response or they refuse to let you in, call the police and say you've been illegally locked out.

Tenants can file complaints with the attorney general’s office at 888-434-9989 or ag.nv.gov.

Tenants may reach out to Nevada Legal Services at  702-383-6095, or the Legal Aid Center of Southern Nevada at 702-386-1070 for guidance.


Title: (PA) Are businesses allowed to police their sidewalks?

Question: This is going to sound like a libertarian wet dream but here goes: There's a store in my city that has a sign up outside that says "No smoking: $25 fine" and they have a security guard out on the sidewalk handing out tickets to people who walk past smoking. My coworker was handed a ticket and of course knows that they don't really have any legal teeth to enforce this, especially since they don't have his name, but I'm concerned for others who might not know this and just pay them right there. Is there any way they can be prevented from handing out these fake tickets? They just look like a receipt and say "Pay inside or make check payable to $business_name". Is this a case of impersonating a police officer? Are they even allowed to make rules about what can happen on their sidewalk? Thanks for your help.

Answer:
 Contact your town's non-emergency police number and file a complaint. In my town, the sidewalk is public property and only the city can police it. If they don't want to help, talk to the mayor's office or your district's representative.Answer #2: Yes, businesses are allowed to police *their* sidewalks.

They are not allowed to police public sidewalks or enforce violations of the law on those sidewalks.

Call the police, I'm sure they will tell the business to stop what they're doing.Answer #3: IANAL. Some cities do have laws on the books regarding smoking within a certain distance from a building's doors, but just like all laws, the businesses in question aren't the ones that enforce it; it would be the police's job to do that.Answer #4: What an awesome scam. I wonder how much they've pulled in?Answer #5: Tell me where this is. I need a smokeAnswer #6: Enticing you to rip up the ticket and litter. Answer #7: Some cities such as my own have bylaws about smoking within so many meters of adore, but City bylaw would give the tickets, not the store. This sounds suspicious.


Title: (MA) ASUS not honoring warranty

Question:
I've been going back and forth with ASUS customer service about my faulty graphics card. The warranty states they have to repair or replace the card if it's within the warranty period, which it is. I sent it in the first time and they couldn't find any problem so they sent it back without fixing it. I sent it in the second time and they admitted there was a problem but there was a "parts shortage" so they again sent it back without fixing it. Then the customer service rep asked me what card I would be interested in for a replacement and I gave him a very reasonable model, since my current card is apparently out of stock.

After not responding for over a week, my case got transferred to a new customer service rep. He tried shifting the blame, saying my system was the problem and not the card. I've explained multiple times that other people have had the same exact problem. When I take the card out, my system is fine. When I put it in, it crashes. The card worked initially but then failed over time.

It's now weeks later and I'm not getting any response. Contacting ASUS via social media has been useless. It's been months and I'm done waiting. I want to file in small claims court.

My legal question is: what's the maximum amount I can ask for? Can I ask for my money back or am I limited to having them send me a replacement card? Can I ask for reimbursement for the court filing fee, shipping fees, etc?

Edit: [Here's what happens when the card crashes my system](http://i.imgur.com/QAr27hz.jpg). My operating system and graphics drivers are up to date. After the card started crashing, I tried replacing my PSU which didn't solve the problem either. According to ASUS, the card is perfectly fine and my motherboard is bad, even though they admitted there was a problem ("DOS Test Program Code Fail") on the second RMA report. What a load of crap.

Answer:
 Since you have a warranty, then you can demand the terms of the warranty, which is a replacement card of the same or similar type, or a refund. You can also ask for reimbursement of court fees and the shipping fee after the first shipment.

Your state's AG office has a [Consumer Assistance](http://www.mass.gov/ago/consumer-resources/consumer-assistance/mediation-services/) portal, so I would check there before filing in small claims court. They have more clout.


Title: What do I need for my parents to hand over legal guardianship (VA)?

Question:
My mother has been telling me (Very seriously), screaming at me, to find another family, I have a recording of the conversation (and VA is a one party consent state), of her agreeing to sign over legal guardianship. (I explicitly asked, "Do you agree to sign over legal guardianship". Note: I don't remember the exact words and haven't listened to the recording yet, I've got it saved on google drive.). The recording (IIRC at least, even though this was from only 2 hours or so ago, alot has happened in this past 2 hours) has her admiting to kicking me, hitting my dad, and my dad hitting me the night before yesterday. Note: I've dealt with CPS and Police before for an incident where my mother attempted to kill me by strangling me, and they did not believe me, I will not work with police or CPS unless it's necessary to get me out of their legal custody. And I will most likely refrain from speaking on any abuses unless it's necessary for me to be signed over. I don't have any recordings as better evidence than this one, I didn't get in the habit of recording until recently. I know that the recording of her agreeing to sign over legal guardianship doesn't make it official, but does her verbally agreeing to it, on recording, compulse her to do so? Does my father need to consent to handing over legal guardianship? What resources can I see on what this process looks like?

And if anyone is wondering as to why she's reacting this way, it's because I recently chose to sleep on the floor. Insane as that may sound, that's what's happening. Any help appreciated, thanks.

Answer:
 Without CPS, your recording means nothing.

Yes, your father has to consent to.

To whom would they be handing over guardianship?


Title: [OHIO] Can I fight a school suspension?

Question:
My daughter, 14, is a new freshman at her high school this year. She is on an IEP as an ED child, and has an on record diagnosis of ADHD, general anxiety, and OCD. When she is frustrated or flustered, instead of shutting down she tends to lash out and have meltdowns. She has been on an IEP since 4th grade, so this is not a secret to her school district.

Today, she had a breaking point meltdown. From what I understand (I don't have all the details yet) she allegedly yelled at her teacher for quite a while and shoved another student. My daughter insists that she didn't yell at the teacher, and that if she did become physical with another student it was only in her attempt to escape from the situation that was causing her frustration.

Her intervention specialist and I discussed detention, however when we spoke again later, the intervention specialist implied that the assistant principal was leaning toward suspension. I need to say that I am not against suspension when they are warranted; daughter has gotten them in the past for INTENTIONALLY attacking or threatening other students. It has not been implied or shown to me that she attacked or threatened anyone in this case. While this would be a classroom disruption, I don't believe it warrants a suspension, especially as this is a first offense and so early in the school year.

In the past, I've been given a form for a suspension; basically an 'intent' to suspend and I've signed off on it. If I receive such a form or intent, am I allowed to refuse to sign it? Will my daughter still be permitted to attend classes if I do not sign it?

Answer:
 >  It has not been implied or shown to me that she attacked or threatened anyone in this case

She shoved a student.  You've been told she shoved a student.  Her response is "maybe I shoved a student".  You know she shoved a student.  IEP or not that's wildly inappropriate.

You don't have to do anything, including signing this form.  The school district may take further action.  We can't guess what that will be.Answer #2: I'm confused about why you're here. You want legal advice for this?

It sounds to me like your daughter with behavioral problems had a behavioral problem and the school is issuing its modification for that behavior. I'm not sure what you're mad about. Your daughter can't just push others when she gets mad, disability or not. There's nothing anyone can do for you because this is justice basically. What they did is neither illegal nor wrong. You pushing against this punishment sends bad messages to your daughter as well. Sorry, I know you're going to hate this response. Answer #3: That is entirely dependent on school policy.

Big picture, though, is where do you see this going?  No one in real life is going to cut your daughter slack if she lashes out and has a meltdown.  She needs to manage her own behavior and not have it accommodated.  She will be fired from any job, and evicted from apartments, if not jailed if that behavior continues into adulthood.

While a suspension may not be the best, it is required for maintaining school discipline.  She yelled at a teacher and assaulted another student.  She has to be seen to be punished by the rest of the students or discipline will break down.


Title: What are my runaway rights? Abuse questions?

Question:
I am 15 years old living in NC, I know there are different laws for each state. But is there any way I can legally leave without parental permission considering the circumstances mentioned below? What could happen if I am found? Would I be in any trouble? I know this is a typical teenager question but I am at my  I am in an abusive environment at home. I have told many people about it; mother, older sister, (but she's a junkie who's never home so not much I can do about that) school guidance counselor, teachers, victim advocates (for something entirely different but I thought maybe they'd be the people to tell), and multiple therapists only to be told that he's "trying" but they are not around to see the hell that he puts me through. My father has crippling mental disorders including depression, bipolar/mania, and he is a classic narcissist.  These disorders cause him to be receiving disability through the Veterans Administration.

 When he is not being verbally and emotionally abusive towards me he is completely neglecting me, the family, and his responsibilities. Despite all of this I have been told not to make a fuss about it because he has problems of which he is trying to fix. This inherently isn't true. He misses appointments and on the off chance that he does take his prescribed medicine he only does so and then goes back to sleep all day. My home life is not good by any means. Examples of some things he does are: using sarcasm constantly to belittle me when I am upset saying things along the lines of,"Oh boohoo poor little crybaby go on and cry it's not like I care anyways." Yelling is a normal thing for parents I'm told, but he screams at the top of his lungs in my face when he doesn't get his way or doesn't like me saying something to him (example would be talking in a rude tone) I think this could be handled in a more mature way. Also being made fun of for having a panic attack. Being told "To stop throwing a fit and being over dramatic" he says this when he very well knows that I suffer from anxiety/panic attacks.

What can I do about all this? What sort of legal actions can I take against him? I have told victims advocates who have in turn told police but yet nothing continues to be done about this. I am unhappy and tired of living somewhere that I am not wanted. I have ran away before because of this only to be returned home after 4 hours and have no consequences other than a lecture from police and to have a phone taken. Now I have my own that I pay for myself. I just don't know if anything different would happen if I were to leave again. I don't want to be in such a negative environment for the next 3 years I am suffering. I am not sure if this is the right place, if not I apologize.

Topic:
Juvenile and Youth Law

Answer:
 You never have the right to run away, but if you are being abused you may be removed from your home by social services.

While your home life doesn't sound very good, it doesn't sound like you are being abused here, or neglected to the extent that you might be removed from the home. Generally speaking absent physical or sexual abuse, or failure to provide food, shelter, and clothing, you are not going to be removed from the home. If you were removed by social services, you would likely be placed in the foster care system, which is a very difficult life.


Title: Got summoned to jury duty in my hometown where I don’t live anymore!

Question:
So, I go to my state’s main university and have been living near campus for the past two years, but I’ve kept my permanent address as my parents’ house, as I’ve moved three times in the past two years within this same town. My mom told me I got summoned to jury duty in my hometown (it’s about two-three hours away). I’m taking summer classes, so I don’t know if I can make it. I don’t want to have a warrant out for me.

Can I call and ask them to schedule me in the town I currently live in? It doesn’t help that I got summoned on my twenty-first birthday, so if they let me reschedule, would it be on a different day?

Also: this might be weird, but I study criminology and my professor told me that they typically don’t want people who know a whole lot about court systems to serve on the jury. Is this true? Would my studies inhibit me from being able to be in a jury?

Answer: Call them, and explain to them where you live. Not being anywhere near them is usually a pretty good reason to be exempted from jurty duty.