Title: Is it illegal to remove this watermark from certificate? (Arizona/USA)

Question:
I found a Hong Kong based [website] (http://www.theteflcertificate.com/) that provides a free TEFL certificate. The catch is they provide a free one with a watermark of "e-certificate" and want you to pay 50 pounds to receive it. Intent to pay isn't the issue but they only accept Paypal and I am getting error messages using Paypal to pay them, which I assume is due to differing currencies, although the error message doesn't elaborate and just says to contact the merchant. I've done this 5 times so far with each response being try again in 24 hours.

Getting irritated with the run around I am looking into removing the watermark and printing it off myself. I've read a few comments warning that removing watermarks is illegal and the photoshop subreddits have rules against asking for them which is making me question whether or not this is something I can do. The only alteration I wish to remove is "e-certificate" which I don't believe is a copy right protection but that is why I am posting this here! Any information would be great. Sorry if I went into too much detail but I feel that this is a more unique case of wanting to remove a watermark.

Answer:
 I think the more important question is, is that site even providing real certificates? I doubt it if it's for free. You could very well be wasting your money getting a TEFL certificate that no organization or school will recognize. You might want to check in to their accreditation. In addition, if a employer calls them to verify the certificate they may not verify your information if you never paid for a full certificate (provided that they are even real to begin with). Where did you want to teach English? You also need to check their requirements for licensure.

Edit to add: in in Massachusetts, but we definitely wouldn't accept either certificate from that company for you to be an ESL teacher. You'd have to get licensed through the state. Source : in a foreign language teacher and we house ESL in our department.


Title: Brother being sued in small claims court but I believe the person suing was paid by their insurance already.

Question:
Two months ago my brother and some friends were at another friend's house for dinner and a bonfire.  My brother made a poor choice with the grill, putting it too close to the garage.  There was no fire but the heat melted some of the siding to an extent.

My brother offered to get it fixed, and the owner said that his homeowners insurance would cover it. He asked my brother to pay $250 (the deductible) and he did.  When his insurance check he came in he posted something on Facebook mentioning it - something like "My insurance check came today so I hired a guy to fix my garage siding and he looks exactly like Joe Dirt."

About a week ago my brother and this guy had a falling out (about something completely unrelated, some drama between their girlfriends) and the guy was very very angry with my brother over it all.  A couple of days later he sent my brother a Facebook message saying he's suing him for the cost of fixing his siding.  My brother has now been served papers for the court date.

I am wondering if anyone has any thoughts on whether my brother will likely be ordered to pay something insurance already paid for. As I said previously my brother offered to pay and this guy declined and had insurance pay, so we are just skeptical of him being paid twice for the same damage.

We did take a screenshot of the Facebook post saying that he had gotten his insurance check and a repair guy was fixing it.  My brother confronted him about that and the guy said that he never posted anything on Facebook and promptly deleted it, but we already saved a screenshot and a picture of the computer on both our phones.

I'd appreciate any thoughts, thank you.

EDIT:  Minneapolis, Minnesota

Answer:
 I'm not sure exactly what the guy expects to get out of this other than to piss off your brother. Even ignoring the Facebook post, any competent attorney would ask for records of his Insurace claims and payments, and he is required under penalty of perjury to provide them as part of discovery.

Speak to a tort lawyer in your area to get an idea if local laws have some kind of provision that would allow double recovery, but I'm pretty sure this guy has no case.

Now if it is the insurance company suing your brother to recoup costs, he's probably actually in trouble. They would have a case.Answer #2: Does your brother or anyone in his household have renters insurance or homeowners insurance?  If so, it likely includes personal liability coverage that may cover your brother's liability and provide for his legal defense. He should call his insurance company pronto.Answer #3: A private contract with an insurance company will not relieve a tortfeasor (bad guy who broke thing) of liability. Certainly, if sued, brother's loss (If he loses.) might go to the insurance company who paid for the damages.

Once the insurance company paid, they have the right of any money paid that is collected from brother.


Title: Informed consent and identical twins.

Question:
A few years ago a tequila commercial showed twin brothers having a phone call that was basically the married twin asking his brother to tell his wife he wouldn't be home in time or whatever and the unmarried brother agrees. Then you see the unmarried twin and his brothers wife opening some tequila. Wife asks who was on the phone. He says nobody and looks at the camera with a smirk.

So if he had sex with his brothers wife and she was led to believe it was her husband then it was rape. Right? I'd like to show this thread to someone who disagrees and said:

"It doesn't matter. She would never be able to tell anyway. Even if she got pregnant the DNA's the same. If she wanted it she consented end of story."

I'm literally nauseated by this. My hands are shaking as I type.

Answer:
 >Even if she got pregnant the DNA's the same.

Not per definition. Identical twins can have slight diferences in their DNA strains.

Depending on the jurisdiction this would indeed be rape. Rape by deception/fraud is indeed a thing in certain area's of the world.Answer #2: I'm a little bothered by your friend's definition of crime hingeing on whether or not it can be proven.


Title: I have purchased a car from a neighbour, the car is registered and insured in my name. He has moved and took the car with him. (NSW, Australia)

Question: I don't know where he is, he won't answer any calls. Is there any key documentation I'm lacking to prove ownership? Once money changed hands, he wrote and signed a letter that indicated that the car had been sold. I didn't take the car at the time of purchase because I didn't have my license at the time (wasn't suspended, just hadn't taken the test yet).

Answer:
 Call the police.

He just stole your car.


Title: Can someone who is under 18 be charged with B&E in Canada?

Question: I didnt know where to post this but i neerd help. So I'm in a situation where someone broke into my house stole over $500 worth of stuff. We know who did it. The police say they can't do anything because he's not 18. That can't be true can someone please help me and tell me what I can do? I live in Saskachewan, Canada.

Answer:
 This doesn't make any sense. The youth could be charged under the Young Offenders Act, as long as they are over the age of 12.

Keep in mind that there's nothing you can do to force the police to press charges. You can sue the individual in small claims if you believe you have enough evidence to convince a judge.


Title: [Madison, WI] Keep getting calls off debt collection agency over unpaid debts of $200,000, non-stop.

Question:
For the past three weeks, morning, noon and night, I've constantly been getting calls from a debt collection agency stating "Shantelle, you owe a debt of $200,000 in Arlington, Virginia."

I have tried to take it up with the company but they insist I owe them the money, even though I've never lived or worked in Arlington, they insist I have, but I'm sure they've confused me with someone of the same name.

Contacting them via  email got a canned response; the firm is based in Denver and insists I have unpaid debts in Virginia.

The agency exists, they're based in Denver and are fairly well-known, at least there.

My husband doesn't know what to do about this and I'm a new mom as well, which is a major thing here.

How did they get our phone number and why are they contacting me even though I've told them I'm 26 and a new mom, not a 42 year old African-American that they're looking for?

Would Colorado or Wisconsin law apply in this case?

I even had a phone call at 3am asking about the debt as well, some woman insisting i had 90 days to pay the $200k.

Answer:
 Attorney who knows the Fair debt collection practices act here.

First, because the FDCPA is federal law, it doesn't matter what state you're in.

Second, tell them to stop calling, tell them they can contact you by mail and Mail ONLY.  That should stop the phone calls, if it doesn't it's an FDCPA violation.

Third (if you want), you can write them a letter, and demand confirmation of the debt and identities of the debtors. If they do not provide confirmation within 30 days, they must cease ALL debt collection attempts.

Some ancillaries:
1.  Any violation against you is a $1000 fine* which is to be paid to you, (but also any Attorneys fees you incurred are reimbursable as well, no cap as to the amount).

2.  Your state probably has an FDCPA analog, for instance Florida has the FCCPA.  Edit:  Actually just looked it up, Virginia doesn't have its own, they just use the FDCPA.

3. Here's the actual FDCPA. §805 and 806, et seq. Is where it starts getting interesting.

https://www.ftc.gov/system/files/documents/plain-language/fair-debt-collection-practices-act.pdf

*its less a fine and more of a statutory damages amount that's capped at 1k. Answer #2: Empower yourself by reading through the [Fair Debt Collection Practices Act](https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text). It's neither long nor complicated.

In it you will find what you need to know to stop those calls. It helps to have it handy when they call, so you can quote the relevant parts to them.


Title: Insurance company won't pay (sister's) chiro bills.

Question:
My sister and her fiancé were in a car accident about a year ago. It was the other drivers fault. They went to a chiropractor for back pain, and the doctors told them that everything would be billed to the other insurance company.

The insurance company came back at my sister and said they would only cover $2400 worth of medical bills. The chiropractor bill is now nearly $14,000 (for both sister and fiancé).

She has been arguing back and forth between the companies for a while now and neither will back down. The insurance company says the chiropractors are overcharging everything, and the chiropractor is just saying that the insurance company is trying to not pay.

How does my sister best navigate this, and can she be held responsible for this chiropractor bill?

The only reason they continued treatment with the doctor is because they were assured every step of the way that it would all be billed to insurance and they would never have to pay. Now that story is changing, and the chiro even has his own lawyer friend he's recommending my sister use to sue the insurance company.

All help and advice is sincerely appreciated.

EDIT - She lives in AZ.

Answer:
 HOLY SHIT! $14,000 in chiro bills?!?!?! The insurance company is probably saying that the treatment is excessive. Typically soft tissue injuries resolve themselves (with or without treatment) in 4-12 weeks. Anytime treatment goes over that, they like to see an actual doctor intervene to see why they aren't healing. If a chiro continues to treat someone for months on end without trying to figure out why they aren't healing, insurance companies feel that it is excessive. tell you sister to get her OWN attny, not the one the chiro is recommending (which would maximize his pay, not look out for your sister). Answer #2: >  and can she be held responsible for this chiropractor bill?

Yes absolutely. She agreed to pay any charge not covered by insurance when she became a patient. It's her responsibility to verify insurance coverage prior to getting treatment.

Is this insurance company paying anything to the chiropractor?

It's fair to say that insurance companies and chiropractors have bumped heads before regarding the efficacy of chiropractic care in the first place in terms of treating long term injuries.


Title: Are Service dogs allowed to run all over the place at work when they are brought in by employees?

Question: I work for a private company in Florida. A lady that works with me brings her service dog to work. She needs the dog due to her epilepsy. She has it approved through our employer to bring in the dog but my question is whether or not it has to be on a leash. She did not have it on a leash and at one point it took off running through the aisles and she had to chase it! I love dogs but not everyone does. This is a 10 story building with close to 5,000 employees.

Answer:
 A service dog is useless unless it's at her side. Clearly that animal is not trained and can be asked to leave

EXCLUSION OF SERVICE ANIMALS

Q25. When can service animals be excluded?

A. The ADA does not require covered entities to modify policies, practices, or procedures if it would “fundamentally alter” the nature of the goods, services, programs, or activities provided to the public.  Nor does it overrule legitimate safety requirements.  If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited.  In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded.Answer #2: Do not directly confront the employee with the service animal.

Go to HR and report to HR that, “Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.”

This animal is not.

Source: [ADA Service Animals](https://www.ada.gov/service_animals_2010.htm)


Title: [MO] Took a nasty spill in an apartment complex's pool bathroom

Question:
I hope this is the right place for this...

My family and I visited my sister-in-law at her apartment yesterday. She took us down to the pool, and we swam for a couple hours. Before we left, I dried off and went to use the bathroom. After I finished using the urinal, I turned clockwise and immediately my left foot shot out from under me, due to the slippery wet floor. I managed to one-hand catch myself on the partition dividing the urinal and the toilet, but it was short lived, as when I tried to stand straight, I my other foot slipped and I slammed into the floor.

I now have a very large, dark bruise on my left knee, and a bruise on the left side of my chest. It doesn't hurt nearly as bad today, but I did hurt quite a bit yesterday, enough so that going up stairs was fairly painful. Other than the the bruises, I am a 28 year-old healthy man, with no physical handicaps, so it concerns me there are no anti-slip mats, or coatings on the floor of the bathroom. Without a doubt, a less-capable person (ie. an older person) could get seriously hurt in there.

To be clear, I'm not looking to sue anyone. I didn't get hurt enough to warrant needing medical attention, and I don't feel emotionally or mentally-scarred, I just want to ensure this gets fixed. What can I do to make that happen? If possible, I'd like to keep my SIL out of it in case management decides to "get back" at her.

Answer:
 Why not just politely reach out to them?

Dear Management,.  On the afternoon of X I slipped inside the restroom by the pool.  Thankfully just have some bruises and am sore.   Understandably the floor is quite slick from wet swimmers and I just wanted you to be aware.  You may want to put some rubber mats or something on the floor to prevent others from slipping.  Thanks!"

Doesn't have to be a legal matter and doesn't have to contain any language that would make them want to "get back" at your SIL


Title: [FL] If the house you're renting floods, will you or the owner be billed?

Question:
If you are renting an apartment or house and a tropical storm comes through and floods your apartment destroying the property, did I need specialized insurance to cover that? Or is the land lord/owner's issue/expense?

 It hasn't happened but given there's a storm coming through, it made me think.

Answer: You need to cover your own belongings with renters insurance, but damage to the house/building is the responsibility of the owner. Answer #2: Renters insurance. Get it. If you are in a flood area, get flood insurance. It is on you to insure your stuff. Renters insurance is not expensive


Title: [GA] Neighbor alleges my dog came into his yard and bit his dog. Nine or 10 days later, dog has been euthanized and I am cited.

Question:
ETA:

I am calling a lawyer today.

The report from which the citations were issued says that the officer met with the neighbor and accepted hearsay evidence about what the other neighbors told him. Apparently the AC did not speak with these alleged witnesses.

The report also characterizes my spouse and I as uncooperative. We initially did not speak to the officer but she never even left her vehicle and sat in our driveway the whole time. She called a supervisor who came to our door, and then we went out and spoke with them. She had a very soft voice and I had to get really close to the van to hear her. One part of the report says "I attempted to talk to her she just ignored me and walked towards her residence". I didn't hear the officer say anything at all. What the hell. They also asked if we were familiar with the incident and I said I have nothing to say about it. I thought that was the smart thing to do. Maybe not. Ugh.

***

I live in a neighborhood where everyone has more than one dog. My yard is fenced on all sides with chainlink. The neighbors behind me owned two dogs, one medium and one large. I have four dogs, which is legal within the code for the county I am in. This post concerns my smallest dog, who is a 25 lb terrier mix. My dogs and his dogs both use a pet door to come and go through their respective yards when no one is home.

Eleven days ago, I came home and found my small dog (SD) in my house 0covered in cuts and superficial scrapes and bleeding. I cleaned him up, checked my other three dogs to see if they were injured or had blood on them (no), and then checked the backyard. SD took me to the back fence, where the neighbor's big dog greeted us. She was friendly but had blood on her face. I thought it looked like my dog had tried to stick his head under a section of the chainlink fence and been bitten or scratched by the big dog.

Later that night the neighbors, a man and his adult son, came over. They alleged:

A. My little dog was in their backyard and attacked their medium dog, causing puncture wound injuries to his rear and tail that had to be treated by a vet
B. No one was at home at the time, but neighbors witnessed this attack and also saw an unknown blond dog in the yard, which they assume is mine. I have no blond or yellow dogs.
C. He has been in their yard "lots of times" over the years, but didn't want to complain because they wanted to be good neighbors so I was never told about it. They don't know how he gets in their yard.

They demanded:
A. I pay their vet bill (I said I would if they give me a copy)
B. To walk my dog away from my property because they have some kind of training expertise and have experience with "vicious" dogs. (I said I would think about it)

Over the next week I got updates on the bitten dog. Two days ago, the son emailed me asking for payment of the vet bill. I said I had the payment and offered to meet in our yards. They did not show up. About an hour later the older man knocked on my door and told me that the bitten dog was not doing well and they were taking it back to the vet in one day, that they might have to euthanize it. He declined to take the cash for the vet bill when I requested a receipt, which made me uneasy. Two hours later the son came to the door. It was dark by that time of evening and he was weeping and the encounter made me really uncomfortable. He said that the dog had been euthanized. I felt very weird about the whole thing since now I was hearing different stories. I asked that they only contact me in writing about the matter and said goodbye.

The next day I sent an email expressing condolences and asking again for everything to be done in writing from now on. I requested a list of expenses they want to paid and documentation of them. I didn't write this, but I wanted to make sure I had a clear timeline and list because the details kept changing every time I spoke to one of them. The response was that I treated them heartlessly by asking him not to come to the door anymore and communicate in writing only. He was pissed off that I didn't offer enough sympathy for him, they had tried being good neighbors, but that they would now involve the authorities.

That night animal control came and gave me two citations:

1. Unrestrained dog
2. Property damage/ nuisance dog

I have a court date in magistrate in a few weeks. The code is here:
https://www.gwinnettcounty.com/static/departments/animal_welfare/pdf/Animal_Control_Ordinance.pdf.

My questions:

1. If I am found guilty, how likely is it that my dog will be declared a dangerous dog? This is my biggest concern. I can't tell from the code under what circumstances this might happen, and it seems like it's up to the judge. This is the first time anything like this has ever happened so there is no pattern.

2. Witnesses said SD was not the only dog in the yard, so is it reasonable defense to say that any of the other mystery dogs could have been the biters and it is not clear who attacked?

3. If the neighbor doesn't bring a witness to the hearing, can he submit statements from them as evidence?

4. Should I consult a criminal attorney?

5. Is there anything I should be gathering now for my defense? Statements of support from other neighbors? Vet testimony about my SD?

6. I really don't know how my dog could be getting in and out of the yard without anyone seeing or even realizing he is gone. I know dogs can climb if motivated enough. Since we learned of this alleged incident, he has not been in the yard unattended at any time. The dog door stays closed all day and I supervise all the dogs in the yard. I also have plans to get a tall, more secure privacy fence about three feet inside the current fence to add security no matter the outcome, and I plan to get quotes this week. Is it likely that this effort will be taken into consideration during the hearing? What about if I proactively enroll SD in obedience class? Any other proactive steps I should be taking?

I really appreciate any advice you can impart. This is so stressful. I am sad for my neighbor and scared for my dog.

Answer:
 My irresponsible-dog-owner senses are tingling. Not OP, but the neighbors..

Their dog got bitten (by unknown dog). Claims to have taken it to the vet (but no bills produced). About a week later, their dog needs to be put down.

How about this scenario?  Neighbors _doesn't_ take their dog to the vet after the bite, but claims to have done so, because money. Dog gets infection, which is untreated for a week. Dog needs to be put down because of the infection. The timeline seems to match up..Answer #2: Much of this will hinge on what neighbors actually saw. Did anyone see your dog biting the other dog, or did they just see them fighting and snarling?  Was the third dog involved in biting?   How much of the event did they see?  If they saw the fight start, was your dog provoked, unprovoked or did they only see an attack midway through?

You'll likely be partly/fully liable for costs, but unless someone saw your dog attack the other one unprovoked, it will be hard to deem it "vicious".


Title: A Hypothetical

Question: Say there is a drug dealer, let's call him Bill. Bill recently had a laptop stolen and has a prime suspect of who it could be. Bill goes to the police and files a stolen item report with contact information regarding the suspect. Say the police go to the suspect and question him. Regardless of whether said suspect stole it or not, could the suspect say "Oh Bill is a drug dealer, here's evidence" could the police then go and arrest Bill. Is there some sort of protection against that seeing as it is a separate situation?

Answer: No, I would say if the suspect is also the thief then it is a great deal for the police. Catching 2 criminals due to 1 of them beïng dumb enough to go to the police.


Title: I found out my ex-husband is a bigamist and our marriage may not have been legal (TX)

Question:
My ex and I married in Vegas several years ago, and divorced in 2016.  We had been friends in high school and reconnected after the death of my late husband, with whom he had been buddies during those years. At the time, he told me that he had been married twice before.  During the marriage, he was frequently unemployed and caused significant financial damage to my savings. Thousands of dollars in multiple car and motorcycle wrecks, among numerous other expenses. Other forms of abuse occurred as well, leading me to file for divorce and incurring all legal fees for that as he disappeared for many months.

Recently, I connected with his new wife after he left her pregnant and in mountains of debt. She let me know that she learned he has actually been married six times, and that I am wife #4 and she Is wife #6.  We have verified though court record searches and speaking with wife #3 that this third marriage was never terminated. He went on to marry me and two other women since that time. He married each of us in a different state, and I am not sure who to report this too. On each marriage license application he listed it as his third marriage. I would like to seek any compensation I may be eligible for, but mostly want to see him be held accountable for his predatory behavior. I am in Texas and he is currently in another state, living once again with wife #5.  Is it best to contact local police, police where he lives, police where we were married, or is this something that can realistically even be pursued?

Answer: It couldn't hurt to start with your local police and ask them who to call.


Title: Husband’s probation officer's boss acting absolutely crazy. This can’t be legal, right?

Question:
My husband is on probation, he’s on his third year out of 5. He’s never violated, tested positive or missed an appointment. He’s been a literal angel. Paid all his fees, completed his courses and finished his community service.
He can’t piss when people are looking at him due to childhood trauma. His two probation officers (one in texas, one here in louisiana) have understood this well. Texas one took hair follicles and the louisiana one just didn’t test him.

Until today. He stood there trying to pee for hours. His probation officer was okay with that and told him to take his time. She tried to find a place that would test his blood but couldn’t find one.
Then the officer's boss walked past him and told him he had 10 seconds to piss. He couldn’t.

Now he has to attend a course he already finished earlier, every day for months from 8am to 3pm. He also has to piss every day (i have no idea how this could even work, a catheter?). And he got more community service.

On top of all this he now has to get a 40+ hours per week job. He’s applied for disability (for the same childhood traumas, autism spectrum disorder and some physical reasons on top). We had his court hearing on the 22nd of October. They said all they need is for their doctor to agree with his doctor and that’ll be it. I don’t know when he’ll have that appointment.
He told the man all this but he just said that if the disability doesn’t come through before the deadline of him getting a job, tough luck.

He would also have to keep attending his 8am - 3pm course every day even when(/if) he gets a job. I don’t know what kinda job could do that.
And we only have one car and i work from 6am to 5pm every day. This won’t be a problem with the courses because he can drop me off and pick me up.
If he gets a job i lose mine, which is what keeps our rent paid.

And the final slap in the face is that he pissed. Right after having this shit given to him. They’ll get the results on Tuesday, but it’ll be negative. It just seems he pissed a couple minutes too late.

Can this be legal?? Especially since he pissed and it’ll be negative.
Is there anything we can do?

Answer: You can complain to the probation department, but the fact remains is that he has to give a urine sample and abide by the terms of his probation.Answer #2: It sounds like you need a doctor to certify that your SO has this issue so you have some backup. BTW this is a fairly common problem. Lots of people have trouble urinating in public/on command.


Title: Cut neighbors branch over my yard now she is threatening to sue am I okay? (Va)

Question:
So I cut two branches hanging over my yard and now my neighbor is saying we compromised the tree and she wants to sue she is having a arborist come in the next couple days am I in the wrong?
Topic:
Small Claims Procedure

Answer: You could be.  You are allowed to trim or cut branches, but you aren't legally allowed to go onto her property to do the cutting, nor are you allowed to destroy or harm her trees.  I'd be worried if you cut a drastic amount off of a large tree, particularly if you don't know how to properly prune trees.


Question:
All of this started 2 weeks ago when a guy contacted me about a Craigslist post I had for selling my vehicle. The requested to see the car and I happily agreed. He came over to my house to view the car a few days after we originally spoke to see the car. When he came I started the car for him and was very up front about the issues that were wrong with the car which included a rattle from the bumper, the gas tank requires you to put gas in at the lowest setting, the passenger side was missing bolts for the seatbelt, and that the previous owner removed the catalytic converter which made it not possible to pass emissions. He was okay will all the issues and said registration wouldn't be an issue as he lives in an area that doesn't require emissions. I also took him for a test drive where I pointed out the rattle. He was happy with it and we parted ways and said he would be in contact. A few days later he messaged me asking if his mechanic could look at the vehicle and of course I agreed. On the day his mechanic and him we're supposed to show, it was just him because he said his mechanic couldn't make it. He requested to look under the vehicle, which he did, and to go for another test drive getting the vehicle up to 50 mph, which we did. Again he was happy. The next week he went to his bank got approved for the loan and I had to go down to his bank and sign paperwork, give them the title, and have the vehicle inspected. So we parted ways after he paid me. 2 hours later I get a text saying "I sold a car 2 hours ago and now the guy wants his money back." I called the guy and he tells me that he took the car straight to his mechanic who said the clutch is going bad and that the transmission will die in 6 months and that he either wants to return the vehicle or get $3500 back on the vehicle. He had asked for a 48 hour "warranty" over text which I said sure on major mechanical issues today. He's saying that his mechanic is saying that the car is grinding in 3rd and 5th gear and it needs to be replaced today. I have never had either of those gears grind and I even drove with him in the car twice from 1st to 5th and this gear grind was never heard. What are my options as I've driven the vehicle and it drives perfectly fine?

Thank you all!

Edit: location - New Mexico

*Update*

I had him to take it to the dealer to have it inspected and I would pay for the cost for the inspection and if they did find any major mechanical issues I would gladly pay.

Dealer found zero mechanical issues. Now he's threatening to take me to court which I'm not worried about.

Thank you everyone for the advice!

Answer:
 ASSUMING that you have not sold more than 4 used cars within the span of 12 months, then, no, there is no reason to "buy-back" the car/are not a used car dealer.
However, be aware that the buyer might bring up [57-16A-3.1§G] because of the Catalytic converter. (Because you're prob. in BernCo [80% certainty; 15% surrounding counties; 5% bordering TX], this will be a defence the buyer will use), but this will only apply if you sell >4 cars//12mos.
BUT then you can counter with [57-16A-4§C] which says that since the buyer did not complain about the catalytic converter, and instead on "gear grinding" this is not in good faith.

My suggestion is to have the buyer bring the car into a dealership to have them take a look at it, and get their response, and then request a copy of the inspection. If the buyer won't do that then say, "tough luck."


Title: HOw is Smile More Copyrighted?

Answer:
 Something I can maybe answer.

"Smile More" is the slogan for famous YouTuber [Roman Atwood](https://www.youtube.com/user/RomanAtwoodVlogs).

He owns the trademark for the "Smile More" brand, you can read his terms of service [here](https://romanatwood.com/pages/terms-of-use)

>"ANY OTHER GOODS BEING SOLD WITH THE USE OF THE TERM “SMILE MORE” ARE INFRINGING ON ROMAN ATWOOD'S TRADEMARK"

You can find the trademark details [here](https://trademarks.justia.com/863/42/smile-86342612.html).


Title: Exclusion of evidence

Question: I have a question about the exclusionary rule. Based on my limited understanding of the law, it was made as a consequence for police breaching the 4th amendment. But how is it just? If they do find damning evidence, then the criminal more than likely goes free, which is clearly unjust. But if there is no consequence to illegally obtained evidence, then the 4th amendment is as protective as the paper its written on. Is there a better solution? Or am I misunderstanding this completely?

Answer:
 The exclusionary rule takes away the incentive for the police to violate people's rights by taking away the benefit they would get from it- the evidence they obtain.

So if the police want admissible evidence, they get it by following the rules when they are doing the investigation.


Title: Legality of revoking bonus. Tennessee, USA

Question:
The company I work for has several different bonus programs that come up towards the end of the year. I drive a company vehicle and there is a truck bonus that the driver is eligible for if he or she goes one calender year with 4 clean quarterly inspections and no accidents. This morning, I had a vehicle come through an intersection as I was making a left hand turn. I had to swerve to my right to avoid taking the front clip off of the incompetent driver's car. In doing so, my rear wheel caught a curb bending the rim. No other damage was done to my work truck or another vehicle. After being repaired on the side of the road, I got a call from the logistics manager telling me that this "accident" would keep me from receiving the truck bonus that's to be paid 12/31. Also, there is a large bonus referred to as the KPI bonus. It's generally ~$1500 and is contingent on meeting certain goals throughout the year. My status on that bonus is dubious right now because of the incident that happened this morning.

To conclude this novel of a post, I was totally unaware of the bonus being able to be revoked on a no fault accident. The company handbook says nothing about either one of these bonuses in detail.

I thank you for reading this and for any advice you may give.

Answer: That sucks, but if the policy is "no accidents of any kind", then you failed to meet the requirement to qualify for the bonus.


Title: Full custody and my ex GF

Question:
[In Canada]

So I posted yesterday about my ex wanting full custody and that I was getting papers served in two days.

I contacted legal aid and I'm pushing for shared custody and I have an appointment coming up this Friday.

Now I told her I wasn't going to sign the paper. I told her I wanted to be in my son's life equally and there was no reason for me to agree to any of these terms (supervised visits and all) and that I didn't know why she was pushing for such a thing.

I've been trying to contact her all day so we can things clear between both of us. Told her ignoring me wasn't a solution (she's been totally ignoring everything) and even ignored when I asked her for my son.

What can I do now ? Just let her be and settle this with my lawyer ? I was told her outright ignoring everything is bad behavior on her part and could play against her. I was also told to bring the dates she denied me my son to sleep over (case of alienation I guess) even if it was just one night.

Is there anything else I should be worried or made aware of ?

Answer: So here is my advice don’t speak with your ex at all or she will use it to her advantage speak with your lawyer and ask what you should do and follow that to the letter.Answer #2: STOP CALLING YOUR EX


Title: Hypothetical question regarding safe havens and custody of a baby

Question:
I am in Suffolk County, Long Island NY
always wondered at this: there are safe havens for leaving an unwanted infant. good idea imo. (I do NOT have kids)
Girl has baby. Girl wants to give child up for adoption, does not want to raise it. Daddys family does not agree to adoption, does not want to raise said baby, they just want to  have the baby visit from time to time. In short, dumping the majority of the scut work off on the girl.  So, if this girl takes the infant to a safe haven somewhere. Could be in-state, could be several states over. Baby is perfectly safe. It could be construed as kidnapping, but if one side refuses absolutely to support, or care for the child, what is the legality of 'dumping' the baby at a safe haven.
thanks.

Answer:
 It's not kidnapping, as mom has custody.

The entire point of those laws is to let people leave the baby in the care of an agency that can permanently help them, as opposed to just leaving them some random place.Answer #2: What /u/Sabnitron said.

Also, none of this hypothetical really makes sense.  A parent can't be forced to parent.  A parent can't refuse to support the child; support can be ordered.  And leaving the state with a child of whom you have custody isn't kidnaping, even when there is another parent who may object.


Title: My soon-to-be-ex-husband will not sign the Bill of Sale for our car that he wrecked.

Question:
Long story short-
Me and Husband own a car together. Both on title. Loan is in my name with him as a co-signer.
He totaled the car. Before we can get insurance to pay and for the GAP insurance go take affect, we have to get a bill of sale notarized for the company that towed it away (COPART). He refuses to get his part signed & notarized because he knows that I am responsible for the payments. I have already had to make one payment past it being wrecked. The next payment is due on the 16th. COPART needs him to sign since he is on the title. What can I do to where I can sign just myself?
This is such a huge ordeal, like pulling teeth. I am so angry with him. He has blocked my phone number and all social media so I can’t even get ahold of him now.
Topic:
Contracts

Answer: Is there a pending divorce proceeding?  If so, you could file a motion for a court order to sell the car.  A judge will not be amused by his antics.  If you haven't yet hired a lawyer or filed for divorce, now sounds like a good time to remedy that.Answer #2: Now would be a good time to hire a divorce attorney,  it might seem expensive but if you're handling this alone, more power to ya but may drag on much longer, and less headaches that u need to be concerned with. NAL


Title: Can my parents get a restraining order?

Question:
We live in Snohomish county, Washington State.

Little back story. My parents are the legal parents of my 14 year old niece. They adopted her 4 years ago. Her father is a herion addict, abusive thief who is always hanging around their house.

I told my parents I am not going to bring my children to their house anymore because I don't want them near my brother as he is dangerous. I asked them to get a restraining order and they said they can't because he has never physically assaulted them. I think they are making excuses because they feel bad for him.

He has assaulted two of my brothers at their house, in the last 3 years. (And multiple times before that) one of my brothers he assaulted still lives with my parents.

He has threatened to kidnap "his daughter." (he has zero parental rights, he signed the adoption papers) He has threatened my mother multiple times and made her feel very unsafe in her home. The most recent occurrence was earlier this year when he came over to sharpen a lawn mower blade and when my mom told him to leave he forced his way inside and she felt like she couldn't do anything because he was holding a lawn mower blade.

When he assaulted my brothers the two most recent times, the police were called and he was arrested both times. So there are reports somewhere right? My mom says my brothers can get their own restraining orders, but she can't get one to keep him from coming to their house because he isn't a direct threat to their health and well being since he has never assaulted her, my dad or my niece. (She's making excuses for him if you ask me.)

She said the only thing they can do is go to the court and petition for a no contact order because they don't think it's healthy for him to be around my niece.

Answer: She *can*, she just doesn't *want* to. It's not uncommon for parents to not want to get restraining orders against their children no matter how bad their children they may be. It's a parent's prerogative to love their children and some will do it to nth degree. If your mother doesn't want to do it, I wouldn't keep pushing the subject with her.


Title: (Ohio), Will a protection order issued by a judge go away after time served?

Question:
I had a hard time making a concise title to convey what I wanted to ask here, so bear with me.

Background - My now ex-boyfriend was arrested last October (a Friday night) after getting drunk and attacking me in a gas station parking lot. There were multiple witnesses, one of which was a real big guy, who stepped in and took action. Basically, the ex was a passenger in my car, I was driving, and he was hitting and choking me. The Big Guy saw it, ripped me out of my car and placed me in his, then ripped the ex out of the car and started hitting him, then restrained him until the police arrived.

All of this was caught on camera.

Okay, so the ex was arrested, placed in jail for the weekend, and had court the following Monday, where the judge issued a "no contact / stay away" order, then let him out on an OR. He pled guilty to Assault as part of a deal to avoid a DV charge. I don't know why, this was something his attorney advised.

Conditions of his plea was to report to probation for 2 years, as well as obey the no contact / stay away order.

Fast forward to May of this year, he failed to meet with his PO several times, and also didn't show up to an additional court date. He was arrested on a probation violation and failure to appear. On May 23rd, he requested that the judge give him his full sentence in jail and to drop the 2 years probation. I should probably also mention he had a drug problem, and he frequently stated that he didn't want to be on probation due to his inability to pass a drug test.

So he was sentenced to serve 149 days, scheduled to be released on October 19, as well as no probation.

**Here is my question** When he gets out of jail next week, does the no contact / stay away order disappear? Or is he still bound by the order?

At the original arraignment, the judge said the order would be active for 2 years (the length of his probation). But I was not there when he asked to serve the 149 days, so I'm not sure if the judge dropped the no contact / stay away order when she dropped his probation.

I've called the courthouse to get clarification, but I can't seem to get an answer. I don't want him coming back to my house when he gets out, and if he does, I need to know if he is violating the order. While he has been in jail, I did pass a message to him via a friend that I was moving, in hopes that he would believe it and not come to my house when he gets out.

Any help would be really appreciated.

Also - I read online that a "temporary protection order" is ordered by the arresting officer, where a "criminal protection order" is ordered by a judge. I read that TPOs only last until the case is closed, whereas a CPO can last up to 5 years. I'm assuming that since the judge ordered this, it was a CPO and not a TPO?

Please help, friends!

Answer:
 You can go to court to file for the protection order to be extended.  It would almost certainly be extended in your case.Answer #2: >Here is my question When he gets out of jail next week, does the no contact / stay away order disappear? Or is he still bound by the order?

It disappears

>I'm assuming that since the judge ordered this, it was a CPO and not a TPO?

No, it is neither a CPO or TPO.  It is a simple no contact order and the only enforcement is violation of probation -- if he contacts you police can't arrest him for it.

A CPO is a separate hearing in which you have a petition for the protection order.  If you had petitioned when the act occurred a CPO would have easily been granted.  Now, it is going to be a little harder if he contests it.  I would still suggest going to the courthouse today and filing for one.


Title: Mom stole my SSI checks for over a year. I am the legal payee now, but she will not give me accurate legal info.

Question:
Kentucky - Usa

I (18) found out yesterday that my mom (37) has been drawing SSI on me (for mental illnesses) for over a year now. I have not seen a penny of this money, nor did I realize she had cut my check back on. She has three other disability checks that come in each month, and she spends most of the money on purposeless junk.

 My mom has made me believe I'm crazy my whole life. She would scream and cuss at me to make me angry, then call the police on me for being "violent" and "out of control."  I just recently realized that she did so in order to keep my checks. For the past year, I've lived with a friend (admittedly, unaccounted for) because I would be in jail or would have committed suicide living at home.

I spoke with social security yesterday and made myself the legal payee so that mom can't steal my money anymore. I honestly do need the income, and I would've taken it sooner had I known about it.

However, now my mom is refusing to tell me what my legal address currently is (she moved trailers but still accounts for me in her household even though I do not live there). She also gets my mail and it never makes its way back to me. I have no idea what to tell social security. I need to fill out a change of address form and get a new mailbox but I have no idea what to do since I cannot say that I live with my friend (I'm not accounted for on their taxes.)

I don't want my mom to have access to my mail, but until I move (which I cannot do because I can't afford to) I cannot get my mail delivered anywhere else. All the post offices require a change of address form.

How can I find out what my current legal address is? Or should I get the benefits cut off before I get myself in trouble?

TLDR: Mom stole my SSI checks. She accounts for me in her household even though I live with a friend. I am now the legal payee, but I don't know what legal address I supposedly live at and consequently cannot fill out Change of Address form to get my mail delivered somewhere else.

Answer:
 Dude,  you live at your friend's house. Your address is your friend's address. Get your address updated with USPS so that your mail starts going there: https://www.usa.gov/post-office
> but I have no idea what to do since I cannot say that I live with my friend (I'm not accounted for on their taxes.

 ?? This isn't how taxes work.


Title: (Mi) Shady boss

Question:
My wife and I recently got to spend a weekend with my sister in law, and she was telling us about her struggles at her sales job as well as being a single mother. First she said her boss was refusing to pay her commission on sales by claiming she was still in training after 3 months. So I gave her some pointers. Later she mentioned that her boss paid her in cash for the first month and pulled "taxes" out of her pay. She had to beg him for a pay stub so she can turn it in for state benefits, so her filled out a w2 form for her and only puts 32hrs max per stub to keep her part time. He then pays her in cash for any hours past 32 and then makes her pay cash back to him for her taxes. He allegedly made claims of also claiming unemployment even though he owns two stores.
  We quickly informed her that what he is doing its illegal and she should inform department of labor and the corporate side of her company. Not sure what else to suggest in this, if you folks have any ideas that would be fantastic.

Answer: He's shaving her "hours" and "taxes" and putting it in his pocket.Answer #2: Yeah informing his bosses and the DoL is pretty solid. What I would do for the near future if I was her is keeping records of hours worked.  Something simple like whenever she gets into work she marks it down on her phone or a paper.


Title: (Missouri) I paid for a firearm but the gun was out of stock. All sales are final at the vendor, but can I cancel the sale if the item never came in?

Question: Basically I purchased a firearm several months ago.  When I purchased the gun, the vendor stated they were out of stock.  However, it would be ordered and should be in within a couple of weeks.  Several times I have checked back with them, and they tell me "any day now" or "by the end of this month".  After several months of getting the run-around, I would like to cancel the sale.  However, they state they will not do it since "all sales are final".  There is a sign in their store, and on the receipt, that states this.  Are they able to refuse a refund even though I have never taken possession of the product?

Answer:
 "All sales are final" is a store policy, not a legal one.

How did you pay? If a credit card, try a chargeback.


Title: [NY] Is it legal for a doctor's office to bar you from live for ever making an appointment again after 3 cancellations?

Question: I'm not talking about no-shows but anywhere from 6-24 hours of advance notice cancellation. I need to see a kidney doctor urgently for blood and protein in the urine and apparently i already had one cancellation on my record from 3 years ago that i had no recollection of (possibly my mother made it) and a month ago I had to cancel in the morning because I was having a severe allergic reaction to something I ate, and the last time a few days ago I had to cancel again because I was in no way shape or form capable of driving because I had pulled an allnighter studying for a test and was sleep deprived. I mean, I called them and let them know. It's not like I was an asshole and just didn't show up without communicating. I understand charging me for it but to bar me from life from ever seeing these group of doctors for the rest of my life seems extreme, no? Don't they have a duty to treat patients? The hippocratic oath and all that. If they had told me after the first or second time, "okay just so you know if you cancel another the doctors will refuse to see you"  but they didn't so I had no idea until they banned me.

Answer:
 > Don't they have a duty to treat patients?

No, they don't.  Doctors are service providers, like anyone else, and you're a customer.  If you're a crappy customer, they don't have to provide you service, absent certain emergency circumstances.


Title: Do I have to be a curtain age to sell at pawnshops

Question:
Im a minor and was given tools I dont need and would like to pawn them off but first I want to know if I even can pawn them off
Topic:
Canada

Answer:
 First of all: jurisdiction matters and there are multiple jurisdictions in Canada.

Secondly: Your age would matter here.

And lastly: Why sell at a pawnshop when you can get more pretty much everywhere else?


Title: Is this the right wording from the US Constitution? If so what implication does it have?

Question:
"2: No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."

This right here is saying that our representatives can't be an inhabitant of our state. Is this a typo from the site I pulled it from or is it legitimately written that way? Was there a legal battle or just a statement that changed the meaning of it if the mistake was in the original?

Answer:
 Read it as its own rule with out the age, the "No" at the beginning makes it a double negetive.

>No Person shall be a Representative who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."


Title: Where would you recommend starting to learn about law?

Question: So this isn't necessarily about a specific question. Always sort of wanted to learn more about law and see if that might be a path I'd enjoy. Before diving head first into law school of some kind, where is a good place to start?

Answer: Do an internship with a lawyer or government agency to see if you'd actually enjoy doing what a lawyer does.


Title: How does gender work in extent of the law?

Question:
(Just a quick warning, this is a controversial topic, so if you’re sensitive to this type of thing you might want to keep scrolling)

There are a lot of laws regarding gender, and I was wondering how those will remain with the changing social tide. I’ve heard a lot of stories about not giving a child a gender and letting them choose when they’re old enough, and I was wonder how that would work in a country like Germany, where a child’s name has to indicate its gender, or risk getting fined or jailed.

Or what about cases where, say, a man is caught peeping in the woman’s locker room, but claims to be a female. Do they have to be legally female, or will they avoid a charge based on heresy alone?

Answer:
 I'm not sure what you mean by "peeping."  If I am spying on someone while he or she is getting undressed, that is illegal regardless of our respective sexes.

Moreover, if I merely enter a locker room for the purpose of sexual arousal, I might be guilty of some sort of disorderly conduct or loitering, depending on the state. If I am, then again I am guilty regardless of my sex. If the question is whether the person can enter and use a given locker room, each state will have to clarify for itself which locker room a transgender or nongendered person can use.

Re Germany, I don't know.


Title: Website stole my 3D model work that I made for school. My name is still attached. Advise?

Question:
I'll try to keep it short and sweet...

I made a 3D model for a college class and uploaded it online. A random website, which I presume to be a scam site, stole my work and put it on their website. They didn't even bother to change the name of the file, which has my first and last name on it (I've got a very unique name, so It's definitely me). From what I can tell it doesn't look like they are selling my work, just using it as an example. What should I do?

Let me know if I need to be more specific or if I need to make any clarifications, thanks. :D
Topic:
Computer and Internet

Answer: If you still own the copyright you can issue a DMCA takedown to the website's host. If the college was given the copyright there is nothing you can do.


Title: Common Sext Scam

Question:
Hey All,

I know this gets posted all the time, and i know im stupid for being in the situation to begin with. But i guess i just wanted even more affirmation, after reading tons of others with same experience =/ This is in NC

Same story essentially. I was on OKC and talking to a "20" year old. started texting, we exchange normal picture, she sends more revealing without being asked, i send 1 ( i know, dumb). She says (unasked) hang on im going to make a video, and last i hear

about a week later (seems late no?) i get a call, same number. Now its the dad routine. He says the mom found her when trying to make the video, there was a scramble, moms work computer got damaged. Says the mom wants to press charges, he says he doesnt and the whole "youve been honest, it was a mistake" spew. Says just wants a few hundred bucks for computer repair to not have to file insurance / police report on computer since its work computer. etc

In addition to that, some additional red flags are
1-wanted paypal, not moneygram or any other giftcard stuff. Why paypal? Isnt that more traceable?

2-I asked for the number that was being communicated (had deleted the texts the day we talked) to "confirm to block her". He hesitates, and then states she was texting from this number / HIS number. While giving me  his spew, i got the "i was traveling for work and had to come home early to deal with this". How were you traveling and her texting with your number?

The whole thing obvious is about as much of same script as the rest. The things that confuse me are

1 - its not a spoof number. You can call the number back and its legit. If its spoof number you couldnt call back no?

2 - the number is local, and not being spoofed, appears he is local. Isnt that usually not the case? I Thought these were almost always somewehre else using spoof numbers to emulate local?

Answer:
 Setting outgoing caller ID to another number is straightforward. You can place a call through a VoIP relay that appears to come from the local police department; if you call that number back, you'll get the police department, not the VoIP relay.

The area code is no more trustworthy than any other part of the caller ID.


Title: Is other people smoking cigars and marijuana in the house child abuse? (Georgia)

Question: My mom lives with other people and she’s not the one smoking , but the other adults are(including my step dad.) Is this child abuse? Can I call cps on my mom for this? I don’t want to live with her. Long story.  (14m)

Answer:
 Cigars: Generally no,

Illegal marijuana in Georgia: CPS may scrutinize the situation and it will depend on the circumstance.Answer #2: My father is coming to get me.Answer #3: My dad just called cps Answer #4: If your stepfather is smoking weed around you, you need to tell your Dad and Grandmother, first. Answer #5: It seems to vary, but typically by 14 you can have a say in where you want to live, regardless of court order. You could ask your dad and grandma if they'll let you move in with them. If your mom tries to take them to court, you can tell the court that no, you don't want to live with her, there are illegal drugs in her house. Most judges take the child's wishes into consideration. Answer #6: Bad news. The cops didn’t do anything. Now the people I called them on say they’re going to beat me up if I go over there. I’m stuck outside. Answer #7: The cops did nothing. I’m basically in trouble. I’m telling my dad to come get me. I can leave but theirs no way to keep my phone charged.


Title: [OH, USA] Medical Advice

Question:
My SO has a history of blood clots. Recently, she visited her OBGYN, who is well aware of my SO's blood clot history. The OBGYN recommended and ordered Implanon/Nexplanon to help with my SO's heavy flow. This is a form of birth control that is inserted into the arm. They have an appointment scheduled today to have the implant inserted.

Throughout the meeting with the OBGYN, my SO wasn't too thrilled about having an arm implant. She was skeptical at first, but the OBGYN highly recommended it, saying it would help her situation, and it was pretty much the only option. They reviewed the side effects, and my SO was guaranteed that it was a safe method. The OBGYN then placed the order for Implanon/Nexplanon.

This morning, my SO was on the drug's website, reading more about Implanon/Nexplanon. It turns out that the FDA says Implanon/Nexplanon should not be used by anyone who has or has a history of blood clots. The OBGYN never mentioned this information to her. We were not too thrilled when we found this out.

What can we do in this situation? If my SO had the implant put it, there's a good chance she could have developed another blood clot and possibly died, all thanks to the OBGYN. We already dodged a bullet with the first blood clot.

Answer:
 Don't get the implant put in. And find a new obgyn. That's it. Answer #2: >  my SO was guaranteed that it was a safe method

Are you sure about this?  I don't think any doctor would every "guarantee" any treatment is safe.  If they do then that is a sign they are reckless in their thought process.  But I'm guessing your wording a bit overstated.

I agree with the other advice not to do the procedure.  Call the doctor and discuss with her why you are not coming in. You might find the OBGYN's response interesting whether it confirms your concern over the medine and/or doctor.  Do make an appointment with another doctor to get another opinion.


Title: Ticket 35+MPH over speed limit (Illinois)

Question:
Really worried 19yearold

Just got a ticket for going 96 in a 60 zone.
Had one ticket in a past. Got it off the record and everything. Now this second one looks really bad. Need some advice on what to do.

It says my bond amount is $2000 (not sure what theat means) and it's an individual bond(full). Also says court appearance is required.

Court date is 2months from now.

Should I get a lawyer? Should I not? What do I do?
Need some solid advice asap. Thanks

Answer:
 You just got charged with a class A misdemeanor of aggravated speeding for going over 35 mph. To put this in perspective for you, you just got charged for a crime one step below a felony. So you very much so need a criminal defense attorney who works on aggravated speeding cases.  However, let's dive down this rabbit hole a bit further.

>Had one ticket in a past. Got it off the record and everything.

Was this ticket for aggravated speeding? Did you get ticketed for going  over 26+ mph. If you did you aren't even going to be able to hide under the newly enacted court supervision rules. Judges also really don't like people who keep repeating the same violations.

So let's go down what you need to do:

1. Slow the fuck down and cut that shit out. The first ticket should have been a lesson.

2. Get a very good lawyer, because you are facing a fine of $2,500 (with costs) and up to one year in jail.


Title: 2 tickets in 10 days with no priors?? Failure to maintain lane? HELP!

Question:
So I am a Lyft driver and on the 4th I was pulled for ALLEGEDLY doing 19 over, a 54 in a 35. I didn't realize I was ALLEGEDLY going that fast and the road is 35 for literally NO REASON. The rest of the road, the parts that are MORE congested with traffic, intersection, neighborhoods and businesses are 45-50.

Anyway, so I figured I could take a defensive driving course to get that removed since it is my first ever traffic ticket within 7 years of driving experience, including 4-5 years doing pizza delivery, making my 7 years more like 20 years.

Tonight I am with 2 passengers, hopping on an interstate from another interstate and going around a ridiculously sharp curve, doing under the speed limit, and get lit up. The passengers were surprised as I was because I was driving flawlessly. I am nice enough to the cop and have my info ready, guy acts like I was driving soooo dangerously. "Don't tell me your a Lyft driver?!"

At the end of the day he got me for "failure to maintain lane" at 3 in the morning around a sharp curve with no other cars on the road. $190 ticket and 3 points. Now it seems my hopes of having the speeding ticket removed have been interrupted.

This doesn't seem like something I can fight...it's my word against his. Is this how this works? Cops don't have to have proof of this shit? What happened to IUPG? Nice...

What can be done? Don't want to be removed from the Lyft platform and definitely don't want to have 2 moving violations on my record all the sudden after 7-8 years of perfect driving. I already pay $200 a month for Texas insurance.

WHAT NOW??!

Answer:
 > Cops don't have to have proof of this shit?

Testimony is evidence.  You can provide your *honest* testimony that you didn't do either, but it doesn't sound like you have that.  It sounds like you admit you did both.


Title: I gave my mom my password a while ago to get into my school tutition payment to make a payment. She and I have a strained relationship and she recently hacked into my school email

Question:
Location: CT
But I would think this is a federal offense. In no way did I give my mom permission to see my emails and we have a strained relationship and she is using these emails against me in family gossip but sent out actual photos of her at her desk reading the emails(guess she can’t screen shot). I’m violated. I gave her the password yes but it was a while ago and the intention was to pay the tutition so that’s a different part of a different website not my email website. I did not give her permission to read my emails. My questions:
Is there a case here?
If so what should my next steps be?

Answer:
 > I would think this is a federal offense.

_Maybe_, but prosecution under the Computer Fraud and Abuse Act generally follows actual harm of some variety. If your biggest risk here is intra-familial gossip, you aren't likely to get the FBI to do much. Change your password, decide whether to explain to your mother why you're no longer speaking to her, and move on.


Title: [KY, TN] Does my husband have the grounds to go after his ex for identity theft?

Question:
When my husband was young and dumb, he married a woman (9yrs his senior) three days before deploying and, stupidly, gave her a general power of attorney.

He came back from said deployment with $144 to his name, to six months of unpaid utilities and rent, and was already receiving phone calls from creditors and collection agencies.

Fast forward six years. His credit is tanked and he's in debt up to his eyeballs. His $10k inheritance from his grandparents gets blown pulling his account out of a $9000 overdraw (wife claiming someone must've stolen the debit card).

Two more years pass. He's up for his security clearance to get renewed. And it doesn't because of the debt. He loses the clearance, loses his job, and gets chaptered out of the army.

When he goes to file for a divorce, he discovers that his soon to be ex was still legally married to her first husband on the day they married. Their officiant post-dated the marriage certificate until after the ex's divorce was finalized (to a date that my husband was deployed for).

I understand that the general POA screws him, except that he only gave it to her under the premise that she was his wife. Technically she never was. He quite literally lost everything because of her, and because of the debt she put him in, and it was all a sham.

Do we have the grounds to go after her for anything, identity theft or otherwise?
Topic:
Other Civil Matters

Answer:
 First, there's no identity theft here.  Your husband signed a general POA and she exercised it.

Second, in terms of any other suit, your statute of limitations has almost assuredly passed.  The proper state for venue would be wherever they were living when this originally happened, but neither in TN nor KY do I see a cause of actions that would still be valid eight years later **and** after a proper divorce decree.

Your husband isn't going to be able to re-litigate his divorce.  Answer #2: This is absolutely a lesson:

The instant he knew the money was being blown, it was his responsibility to start mitigating his damages. He had the option to revoke her POA and open a separate account. He had the option to divorce earlier.

I would suggest he contact an attorney that works on debt management/bankruptcy. He *may* be able to work with the fact that the "wife" defrauded him on the marriage, and he found out late. Best case, he can help mitigate the credit issues. But it's a longshot, and your friend has screwed himself here.


Title: NC- I was fired for "poor performance", but the numbers they provided were calculated wrong and I had never been given any kind of metrics I was expected to meet previously. Do I have any kind of action to take?

Question: I have been working at a small start up company for a year and a half. In passing about 6 months ago, I was given some advice on how to improve on my performance. I took that to heart and my numbers since then have been improving month to month. When I was fired, I was given an average of my numbers over the last 15 months and said they weren't good enough. There are several reasons I am hoping I can take some kind of legal action: I was never provided specific metrics to meet, I was never put on any kind of performance plan, my bosses didn't look at improvement over the last several months, and the math they did and provided me with was just done wrong, making my performance look much worse than it actually was. Is there anything I can do?

Answer: You can file for unemployment and look for a new job. Your employer doesn't have to be fair or use accurate numbers on which to base assessments or terminate somebody.Answer #2: Did you have any form of employment contract governing the terms of your employment?  If not, file for unemployment and move on.


Title: Filed K1 visa to marry my gf but was caught soliciting for prostitution

Question:
[California]

Please hold your judgements, I already know what I did is wrong and have to live with it for the rest of my life. I haven't seen my gf in half year due to her being back in her country and caved in to temptation and was caught up in a prostitution sting. I was charged with a misdemeanor and was told the case would be dismissed, I wouldn't be convicted, all I have to do is go to neighborhood court. At the same time I just filed for a k1 visa to marry my gf and bring her here. At the time I marked down I was never arrested because it was true but now that is no longer the case, would they reject our visa? Is there any other option if they do? My life is already ruined I just need some advice on what I can do in case it is rejected.

Answer: Just a thought, have you asked your gf if she still wants the visa and to get married after you were caught cheating on her with a prostitute? Because for some people that's kind of a deal breaker.


Title: need advice on bail TONIGHT - please help he needs out tonight or hes screwed

Question: [deleted]

Answer: Sorry I got here in the morning. Did you bail him out? Is his life ruined? Did he test positive for weed because apparently for native Coloradans weed is in their DNA? Update!


Title: We've been given 1 weeks notice to pay an extra £800 for our rent (Scotland)

Question:
So I live in a student HMO flat with my friends. The HMO license has just recently been upgraded to a 5 bedroom license and two more of our friends are going to move in with us. We were told in passing to expect it to happen at around December. However, on the 23rd we were emailed saying that they have emailed the new tenants and are hoping for them to move in on the 1st of November. One of the new tenants is having some trouble with parents acting as guarantor but expects to have it sorted by the end of the month but wouldn't be able to move in as of the 1st.

&#x200B;

But today, we received an email saying;

>*The new tenants are aware the full property rental amount will be £2000 pcm. Both the new applicants and their guarantors have been chased for all required referencing/documentation to be filled out and returned in time for the new tenancy starting 01 November 2018.*
>
>*\[Previous Letting Agents\] has advised us of the situation regarding rent, and attached is the Caveat letter that came along with your signed lease which explains when the new HMO licence is granted 'late 2018/early 2019' you will with or without new tenants become liable for the £2000 pcm rent.*

&#x200B;

However, this Caveat letter has never been sent to us and after sifting through emails from both former and current letting agents I can confirm that the Caveat document has never been sent to us. It was attached in that email and the contents were effectively just what was quoted in that email.

&#x200B;

Our signed lease states that under the rent increase section that "the Landlord must give the Tenant at least three months' notice before any increase can take place." So we were under the impression that this would apply to the new tenants moving in as it's a joint tenancy, increasing from £1200 to £2000 when they move in.

&#x200B;

According to all of this, could someone help us out in any way and let us know if we are legally obligated to pay this as of the 1st? Thank you.

Answer: r/LegalAdviceUK may be a better help


Title: Bartenders being forced to split tips based on percentages of sales?

Question:
Every bar I’ve worked at, heard of, and researched splits their shared tips 50/50. Current job is attempting to increase bar sales by using some formula to give the staff member that sold more alcohol a higher percentage of tips.  Currently working in TN.

1. I’m seeing an increase in clients that are being overserved.
2. We are not being told how much $ we are making- based on the idea that one staff member would be angry at the other one for leaving with more money.
3. Our system credits an entire sale to the person who closed the tab. So, one bartender can work on a $200 tab all night, but the bartender that happens to swipe the card is credited for the sale.

Help me communicate to my owners and managers why this is a disaster.
Topic:
Employment Law

Answer:
 I'd push point #3 hard. It really does nothing to promote hard work, just walking by at the right time.Answer #2: Does your state have a Dram Shop Act?

Explain to them how fucked they will be if someone gets overserved, drives drunk, hurts someone, and a lawyer comes to find that they have a policy that actively encourages over serving.

Explain to them what punitive damages are.Answer #3: Spend one shift making as few drinks as possible, and just close out checks left and right.


Title: Police called me and left card in my door, related to ex-gf, does she have a case?

Question:
A police officer left me a message on my phone saying to call him back, he has some questions regarding my ex-girlfriend.

I know what this is about, and I don't know how to tackle this safely.
Basically, my ex and I broke up and she told me to never contact her again. I, being a schmuck who loved her and not moving on, texted her after she told me not to. Telling her I loved her and gushy stuff trying to win her back. She said not to text her ever again or she would call the police and tell them I am harassing her. I thought she was joking, considering the stuff I had texted her wasn't threatening in any way, and I have never done anything even remotely criminal in my life.

On Halloween I drunkenly called her and left a message, nothing threatening, but definitely saying I think we can still work things out if she just talked to me.

I know....not smart. Now I am in trouble with an officer contacting me for questioning, which I assume is for harassment. What kind of case could she possibly have, could I really get in trouble for leaving lovey dovey messages on an ex-gf's phone.

I know. Not my strongest moments. Now I need to not ruin my future over a girl. Do I call the police? Do I admit to anything like the texts and phone message? Do I really need to pay for a lawyer at this point or should I hear the cop out first?

I don't even live in the same county as her anymore, so its not like she would need a restraining order to keep me away from her. I don't even want to see her or talk to her ever again after realizing she wasn't joking about the police and how angry she really is at me.

This is in California by the way and I am 23 yrs old with no record.

Update:

Cop came to my door this morning. Handed me a temporary restraining order and said I have a court date for harassment charges. I did not blow up her phone and never left any threatening messages, but it looks like the smart thing to do is get a lawyer. I'm in total shock right now that she went this route. I never thought I was doing anything criminal.

Answer:
 if it were anything serious, the cops would come knocking on your door.  not leave a VM asking you politely to call them back.

just b/c she asked you to never contact her again, doesn't make it a crime if you do.  and since you didn't leave anything threatening, and you're not blowing up her phone 24/7, there's really nothing here.

you can chose to call the "cop" back or you can ignore it.  Answer #2: If this were happening in my police department, what you'd be getting is just a verbal warning from the officer to quit contacting this young woman.

What you are doing is harassment. Harassment does not necessarily need to be threatening, though as a woman I can also say that many (myself included) would eventually begin to feel threatened by continuous "lovey dovey, let's get back together" messages after repeatedly telling him to stop contacting me.


Title: Legality of allowing a crime to continue in order to make sure the perpetrator gets a harsher sentence. (Hypothetical)

Question:
My question is very broad, but I'm going to narrow it to one example to explain. For simplicity, assume that all of this happens in New Jersey.

Let's say I'm a business owner and I discover that an employee has been stealing from me a little each day. I have the proof and I can go to the police right now and get them arrested for petty theft.

However, I'm really pissed at this person and I want them to suffer. So, instead of reporting them now, I pretend I don't know, let them keep working, and all the while I'm keeping track of how much they take. Only when it gets up to a felony amount do I report my findings to the police, ensuring they will get a hefty jail sentence. Have I done anything illegal in this scenario?

I'm curious about this principle in general, but this is the simplest example I could think of. In general, can you allow a person to keep breaking the law with the specific intent of increasing the sentence they will get once you report them?

If it's not illegal, would it actually work? Or would the fact that you purposely waited to report it somehow mitigate the consequences for that person?

Answer:
 Loss prevention for the larger retail chains sometimes employs this strategy with shoplifters.  They'll keep a running tally (with video evidence) of what a repeat offender steals until they have evidence of crimes totaling up to a felony crime spree.

It's not (just) to see they get a harsher punishment.  Actually apprehending shoplifters in realtime costs them in man hours even if everything goes right, let alone if there's an incident or they get it wrong in the heat of the moment resulting in injuries or lawsuits.  Not to mention just not wanting to get the cops involved or just not wanting tie an anchor around a one time, small time offenders life or just have them come back anyway when they get a slap on the wrist.

Instead, they have a team  review and compile video until they've got overwhelming evidence against someone who's actually causing them significant losses, and they can turn it over to the police and they'll picked up *not on their property and without the direct involvement of their own employees.*


Title: Retire a year early from teaching due to emotional stress of job and fear of physical harm - but still get pension (VT)

Question:
Hi - posting for my mother in law, who is a middle school teacher in VT.

She has the rest of this year plus one full year left before she can retire with her full pension + health insurance for life + health insurance for my father in law.

The problem is that she works in a town that has kids who act horribly - abusive both physically and mentally. She has never personally been harmed, but has had students threaten her, trash her classroom, etc.

She has raised the issue with the principal and vice principal at her school, but they seemingly do not discipline the children well, and the students are all still in her class.

She is near a breakdown point and wants to retire early (at the end of this year) because she can’t take the abuse anymore.

Are there any legal actions she may be able to take with the school, school board, or town in order to secure her full pension and health benefits because she doesn’t feel safe?

She is part of a teachers union, so perhaps it makes the most sense to contact them first?

Thanks.

Answer:
 Her union is a good place to ask for additional information

Public school teachers in Vermont have their pensions as part of the [VSTRS](https://www.vermonttreasurer.gov/content/retirement/teacher). If she has been working for 5 years, she is already vested in the system, at this point she is earning additional retirement credits. If she is at least 55 she can retire early, benefits differ depending on which Group she falls into.


Title: Can my parents (40s) make me (23F) the legal guardian of their adopted child (11mo)?

Question: Sorry if this is the wrong sub, not even sure which flair to put. My parents want to adopt a foster child who isn’t even 1 yet, and she may have autism/be on the spectrum. I have an older brother (26M) and a younger sister (16F) but they said if they die I would have to take her in as I want kids anyway. I want one or two children, when I’m in my 30s, married and established. I told them I don’t want kids anytime soon and they need to find another guardian. They said I can’t do anything if I’m on the will. I’m not sure what I’d do if that’s the case. I would hate to put a child in the foster care system again, and while it’s unlikely they pass away, it’s a possibility. And if she has autism I’d be her guardian for her life. Simply, I don’t want to do it. I just want to encourage my parents to find another option. Is it legal for them to just make me the guardian? Couldn’t find anything on google.

Answer:
 Your parents can nominate you to care for the child. You can *always* refuse.

And a judge would have to decide what to do with the child even if your parents nominated you and you said yes.Answer #2: Your desire for kids of your own does not create any obligation on you to take care of their kid. They can specify in their will that they would prefer you be the guardian, but they cannot force you to accept that responsibility, either now or if they die.

Be clear with your parents that you are not willing to care for their child, and that while you're flattered, they need to be realistic and make other arrangements. It's not a discussion; if they refuse, you've tried, but you can't make them listen.


Title: [UT] sister and boyfriend co-owners of house and car. Splitting up, who gets house? Has equity, sister has 2 kids.

Question:
My sister and her boyfriend of about three years are breaking up.

My sister has two kids (young / below teen) from an earlier marriage. They have split finances 50/50, even though the BF makes more then her.

They aren't married or anything, and both are on title and loan for the house and a car.

Who gets the house? She heard informally from a lawyer that the other party who moves out would have to "buy out" the other party for the equity of the house, which exists at about $3,000.

She wants to stay, but the boyfriend wants it too and is fighting it.

Is their any legal recourse for something like this? Given that they are both 50/50 on title, loan and expensives, though she has two kids from a earlier marriage.

The boyfriend is like a second father to the kids and will still keep seeing them probably, so its not like the bf hates the kids, etc.

Answer:
 This is the exact reason why buying property together before marriage is a horrible idea. If it must be done, it should have a partnership agreement detailing who will pay what, and their respective ownership share in the house.

Neither of the other can force the other out of the home, as they are co owners. The only fair way to do it if they can't come up with their own solution would be to sell the property and split the equity 50/50. If they're both on the deed, then one may be able to force a sale by partition through the courts, although that'd be more expensive for both of them.

Or they could just continue to be roommates for the foreseeable future until they can come to a compromise.


Title: Am I liable for reflecting sunlight?

Question:
We recently had a new home built next to ours in a subdivision.  We have a 2nd story window on the side of our house facing the newly built home.  Each evening the sun as the sun makes it's way to setting it shines on the side of my house with said window.  A visible reflection appears on the newly built home on their siding.  I recently noticed their siding is beginning to show signs of melting where this reflection appears and in a pattern where the sunlights reflection slowly creeps along their wall as the sun sets until their house blocks the sunlight from hitting the window on my house.

My question is, am I liable for the melting siding or damage caused by this reflection?

Answer:
 Unless they can show that(when you built your house) you were intent on causing damage(using the sun) against whomever(eventually) would build next to you...

...no, you are not liable. And they will be laughed out of court if they try.Answer #2: so the other house was built new and your house is just the same as its always been?

obviously you have no liabilityAnswer #3: Unless the siding is made of butter, I doubt that it's actually melting. Discoloration maybe,  but even then.. Any recourse they would have would be with the manufacturer of the siding.


Title: Job doesn’t give me lunch breaks but takes the time out of my hours

Question: So I just checked today and I thought this was funny but I do plumbing for one of the rooter companies. I work from 7:30am-7pm sometimes and don’t ever get a “lunch break” but I checked on my adp and they’ve been punching in my break from their in which essentially is taking money from me. Is their anything I can do?

Answer:
 Are you part of a union? If so, contact your union rep.

Otherwise ask for it to be fixed. If they refuse, you can probably file a wage complaint. Answer #2: Lots of companies use an auto break because they assume you'll take a lunch. They have to have a method for you to correct this on days that you do not take a break. Most likely, if you call up HR or payroll they can tell you how to fix it.

Assume it's easily fixable and it probably will be.

If they don't fix it, they are violating the law and you can file a claim with the department of labor.Answer #3: You can tell them what they're doing is illegal. If they don't stop and also pay you for the time they've deducted from your paycheck, you can file a wage claim with your state department of labor. Answer #4: Yes, you have to tell your manager when you do not take lunch. You may be able to ask for some previous time fixes if they are generous Answer #5: My best advice: Take your 30 minute lunch break. Even if it means you have to stop working. They aren't paying you for it anyways, why work for free?


Title: Forged lease, collections for damages.

Question:
Pennsylvania.

Long story very short: subletted without seeing a lease or discussing with landlord. Handshake agreement, monthly, paid in cash. Lease re-newed while I was there, told them there was zero way I was willing to sign, I'd rather leave.

Fast forward, I suddenly have a collections for damages from said landlord. After I left they broke lease and left and the house was destroyed. (As it was before I got there, he did not check the house between leases or changing of tenants.)

When I asked for verification I was sent a lease. Every page filled out by the one kid and initialed by the landlord. One page was filled out by the other girl and initialed. The last page has my name and a fake signature. That page was not initialed by the landlord. There was no other information of mine, the fields were filled with "na".

I never met the landlord. I never changed my address to that location. (He did have my cell#)

Just after I recieved the verification the collection dissapeared from my report, that was almost 2 years ago. I figured he gave up knowing it wouldn't hold up. But now it's back on my report from the same collection agency and I have no idea where to go about this.

How do I prove a signiture is false?
Does admitting to subletting make me liable for the state of the house?
Can I file a police report about this without rammifications against the forger? I don't want to get him kicked out of the military (even though he's an asshat).

Please and thank you!

Answer:
 you don't have any agreement with the landlord. your lease, verbal or otherwise, was with the landlord's tenants. the landlord doesn't have any claim against you, unless he was to sue you directly for damaging the property.

if there is a forged lease, that's fraud by whoever forged it. if you report the forgery to the authorities and the person who forged it gets kicked out of the military, you didn't get them kicked out, they got themselves kicked out when they decided to try to make you responsible for something you didn't agree to.


Title: I need advice regarding an instructor at my wife's college

Question:
My wife's instructor for one of her classes at one point had lost some of her course work and failed her for the class. She later found the work and emailed my wife saying she would change the grade because it was her (the instructor's) fault. That was last December, and since then, she's avoided my wife's texts, calls, emails and office visits.

We've talked to the school, even showing the messages that state the instructor agreed to a grade change, but they keep giving us the run-around. It always leads back to "we can't change the grade unless the instructor submits these forms", which brings us back to the initial problem of her instructor ignoring any attempts to confront her about the issue.

I'm not certain about college laws or whatever, and whether it's a state law thing or what, but the issue has been drawn out long enough that my wife can't continue going through with her course plan without retaking that one course. Since college is expensive and the instructor already admitted fault, and we have record of her admitting fault, is there anything we can do to get this moving forward, since neither the instructor nor the college seem interested in addressing the problem?

Answer:
 Escalate this to the dean of students.  Answer #2: Go to your dean of students.

Grade changes are not an easy thing, and have to be documented/reviewed/etc before going onto a transcript. It can take weeks to months depending on the school.


Title: Suspended because of political correctness.

Question:
Today, I was taking a quiz with my friend and they got an answer wrong so I said ah ah. A few seconds after I said that a black teacher walked into the class and I was in ISS for the rest of the day. Tomorrow I'll be in OSS. Should I appeal this and if I should, then how? Or should I not appeal?
Topic:
School Related Issues

Answer:
 Something is missing here.Answer #2: I fail to see how political correctness is involved here.

That could be because your narrative is unclear.


Title: Video cameras in school bathrooms [Ireland]

Question: Over a school holiday, we arrived back into school and discovered security cameras in the bathroom. No parent or student was informed of this decision. Signs are on the door saying this area is under surveillance. I am just wondering about the legality of this decision

Answer: This is something you will want to inform your parents of so they can take their concerns up with the administration, and if need be, consult an attorney who knows Irish law.


Title: (Ma) I(homeowner) have a roommate siutation. I want them out.

Question:
Hey, so I own a house in eastern ma.  About six months ago a pal and his kid we on the outs and I told him he could stay for a few months until he found something else.  It's been six months and he's made no attempt to find another place and has lost his job.  We haven't signed any papers or anything, so idk if that makes him a Tennant at suffrage or a Tennant at will.  Last week he blew up on me for a number of seemingly minute reasons and told me he would rather be dead than live with me.  I'm always working and clean up after myself so I don't know how/what I did wrong.

I want him out.  But he has a kid so I don't know what he might try and pull.  For the first few months he's given me a few bucks (Like 70 a month) for utilities.  And now he's demanding receipt for them. What's he trying to pull?  He's also got mental health problems.  What are my options? I'm not a rooming house, and there's no written lease or housing agreement and everything is under my name.  Please help.

Answer:
 Give him a 30 day written notice [see here](http://www.mass.gov/ocabr/docs/landlordrights.pdf). Once the 30 days are up, if he's still there, begin eviction [see here](http://www.mass.gov/courts/selfhelp/housing/eviction-landlords.html). If he does anything crazy between now and then, call the police.

You don't have to give him shit for past payments. If you want, tell him you'll give them to him -- once he moves out.


Title: [AZ] Workplace harassment, advice needed

Question: [deleted]

Answer: You may not be entitled to "never working with that person again". What you are entitled to is, "management will take reasonable steps to ensure that this doesn't happen again." The manager probably already told the supervisor they were out of line. If it happens again, however, you probably have more recourse to demand not working with that person.


Title: Need Legal Advice on a Letter!!

Question: I received a letter about 1 week ago from a detective in a neighboring city saying he'd like to speak to me in person about an investigation. I don't know what this involves, and I'd rather not find out to be honest, but what could potentially happen if I ignore the letter? If I respond and talk to the detective, should I take a lawyer?? I live in MI if that helps any.

Answer:
 You ignore it and see. Could be arrested and charged with a crime, nothing, or you could be subpoenaed as a witness.

But talking to the detective won't change those things and could make it worseAnswer #2: We recommend you ignore the letter. If you get charged with anything, don't speak and get an attorney.


Title: Citation for Drinking at 15

Question: I was at a bonfire at the beach in California for my friends birthday. There were about 30 kids and most were drinking beer. we are all 15/16 years old. The cops ended up pulling up with flashlights, most kids ran but I decided to stay to avoid more trouble (my mistake). I had a beer in my hand and the cop told me to sit down. He wrote me a citation on a yellow card. He asked for my info and found me from my DMV records. I don't have my permit, but I failed the test once. The cop ended up just letting me go and didn't call my parents or tell me what was gonna happen. I have the citation sheet and it says under court date "tbn". What does this mean? Will I likely receive something in my parent mail? (the cop had my address) Will my parents end up finding out? Its only been like 24 hours since the incident happened

Answer:
 Your parents are guaranteed to find out. Besides the official court notice, your mailbox is also going to be flooded by advertisements from lawyers who troll the local court dockets for the names of potential clients.

And your parents will be required to be present with you at the court hearing. Tell them now.  Answer #2: They'll notify you of your court date. You need to tell your parents about this, they'll be required to be involved in your court proceedings. They should hire you a criminal defense attorney.


Title: [Pennsylvania] Trespassing abandoned property

Question:
My friends and I (all over 18) were exploring an abandoned property at midnight and were first caught by a security guard. He escorted us out and later met up with the police. We showed them our drivers license and they left us saying that we'd receive something in the mail. They did not give us a ticket or any paperwork.

The police mentioned something about court.

They also mentioned if we heard their sirens, which we didn't.

With this information, would we be convicted of simple trespassing or defiant trespassing? Or anything at all because he did not give us any paperwork? And if we were convicted of defiant trespassing, would it even be worth fighting it? We technically did not see the "NO TRESPASSING" sign because we went through a woods in the park.

If I'm not getting any of my facts right, what would happen to us?
This is also my first time getting into any trouble with the police.

Thanks

Answer:
 If there was a security guard there, it probably wasn't "abandoned property".  Someone is asserting their rights to exclude unwanted people by paying for a watchman.

Trespassing is a "strict liability" offense, both civilly and criminally.  The fact that you were on private property without the consent of the owner is all that matters -- generally speaking, your ignorance that you weren't welcome is not a defense.  That means that the absence of "NO TRESPASSING" signs doesn't necessarily absolve you of fault.