Title: Teenager at a facility I work at has been implicated in a shooting.

Question:
I work at a youth center in Minnesota and today one of our teens told me that the police are investigating him for involvement with a shooting. He told me they already questioned him and he gave them his side and an alibi but the police have determined that he's lying and that they have proof linking him to said shooting. His mom isn't backing him and hasn't talked to him in 4 days. I have no idea what advice to give him beyond finding a public defender. He doesn't have the means for top notch lawyers but is there something better than getting a public defender?

Also, if it would be easier to have him post here I could tell him to make an account and do that.

Answer:
 Step 1: do not answer police questions.

Step 2: if charged they should be guaranteed a PD if they are a minor. Otherwise they drill probably qualify.

Aside: public defenders are generally hard-working public servants


Title: What do i say to police?

Question:
Texas - Ok, ive read on here to never talk to the police, as it cannot help you. What do i say to them? Do i say i do not want to talk or just not say any thing at all?

**Edit**: I know that this has been ask before on a previous post, but it was not for the United States (I think it was for Canada).

Answer:
 > ive read on here to never talk to the police, as it cannot help you.

That's not accurate.

It may or may not.  You need to make that judgment call for yourself.  I've known far more people that have talked themselves out of trouble than have talked themselves into it.

You are always free to refuse to answer questions(with a few rare exceptions).  Whether you choose to exercise that right is your call, just as it is for every other right you have.


Title: Walmart denied to sell beer after checking valid ID

Question:
Hello everyone,

My issue is not as serious as other people here. However, I feel that I am being racially discriminated at some stores.

Location: Virginia
Race: Asian American (both my wife & I)

I am 25 and I have a wife who is also 25. Whenever we go grocery shopping together, the cashiers always ask for both of our IDs and rejects to sell alcohol if one of us does not have an ID. I normally drive and pay for grocery. This leads to my wife not carrying her purse & her ID out to the grocery. I have been denied of purchasing alcohol multiple times even when I am the buyer & have valid ID. They tell me that they have to check everyone’s ID if the buyer’s age is less than 40. Do they have the right to deny sales just because the person who is not paying does not have an ID?

Another thing to note is that I’ve seen some caucasians & south americans buying alcohol. They would also be young married couple. However, the cashiers always only check the buyer’s ID & do not check for other person’s ID. They always check all members of the party whenever the buyers are asians. Can this be argued in court as racial discrimination issue?

Thank you guys in advance.
Topic:
Alcohol Related Other than DUI

Answer:
 >Do they have the right to deny sales just because the person who is not paying does not have an ID?

Yes, of course.

I don't see a racial discrimination issue here at all. They are willing to sell to you they just require that you both have ID. That is a very common procedure. Answer #2: If you know you're going to buy alcohol and you're both going to the store how hard is it for the both of you to *bring your identifications*???? Nobody is discriminating against you. The law states that both of you provide proof of age if you are together and buying alcohol. Every time. This has nothing to do with discrimination, or you personally. The clerk is literally *required by law* to request both of you to show ID. If you don't do so and they sell to you anyway, THAT CLERK has broken the law. That clerk will be fined and probably lose their job.

So why don't you both just carry your ID in with you? You're literally creating the same problem over and over again every time you don't. Neither the store nor that clerk is doing a damn thing wrong. Answer #3: Not only do they have the right to check everyone's ID and refuse if they can't all provide it, they are following best practices.  You aren't being discriminated against.  If you want to buy booze, bring both of your ID.


Title: My grandparents were scammed $10,000 over the phone. What can I do to help?

Question: [deleted]

Answer:
 This is a common scam.  There is likely nothing they can do.  The number used to call your relative was likely spoofed and the person is likely overseas.Answer #2: > I refuse to believe there's nothing more to be done.

You can reject this reality and substitute your own as much as you'd like, but it won't change anything.  Your grandparents willingly gave these people 10 grand (in gift cards?  What hospital accepts GIFT CARDS?).  As far as the cops and bank are concerned, the money was given, not stolen.

The scammer probably isn't even in this country.

That money is long gone and it's not coming back.  The people responsible are going to get away with it.  Sucks, but that's how this scam tends to work.Answer #3: If this happened within the last few hours then you might want to contact the gift card companies. They may be able to stop payment on the gift cards and you might be able to get a refund. If nothing else, they may be able to track where the card was redeemed and you can give that to police.Answer #4: > I refuse to believe there's nothing more to be done

That's cute but it doesn't change anything.

> class action level

Against who? The scammers?


Title: Vacation rental mistake made by company

Question:
I rented a vacation home for my family in Isle of Palms, SC. The rate listed online was $178 a night. I rented the place for two nights. I got a call from the rental company stating, " Our website made a mistake, the price is $1,780 a night and we will refund your money immediately."

Therefore they are not allowing us to stay and offered it at a discounted rate, but not 90%.

My family has already purchased airfare, rental care, etc.

In my opinion, the incompetence of their company shouldn't affect me and it isn't my fault. Is there anything. I can do?

Answer: Read the terms of the rental agreement you signed when you booked the place.  Unfortunately, I would bet you agreed to terms completely favorable to them that will let them cancel for any reason they want.


Title: [x-post /r/personalfinance] Potentially have a free engagement ring because of someone else's error?

Question:
Hi all.

Throwaway for obvious reasons. I'm located in the USA.

I purchased an engagement ring using a credit card some time back. The guy at the jewelry store helping me was obviously new (and kind of rude), but nonetheless, his associates helped him make a change to the credit card I had on file for the purchase, said everything went through and all was good, and handed me the ring and everything... I was on my merry way.

It's now been some time after the purchase (> 25 days or so), and I still see nothing on my credit card statement (well for a few days after the purchase my available credit decreased by the purchase amount, but it never showed up on the recent transactions, and my available credit is now back up to its previous level). In fact, I've even received some automated emails from the store asking me to come back to the store and browse/let them sell me a ring since I 'chose not to purchase' the ring we met about last time....

I'm starting to suspect something went wrong on their end with the transaction and they may have given me the ring without properly running my card. I haven't been contacted by anyone regarding this... but I'm not sure how long that will last.

If I'm not contacted by anyone... I'd assume I'm in the clear, right??

If I am contacted by someone... what would be my best course of action?

Thanks in advance for your input.

Answer:
 >If I'm not contacted by anyone... I'd assume I'm in the clear, right??

>If I am contacted by someone... what would be my best course of action?

You pay for the ring. You don't get something for free because of an administrative or technical error.


Title: [San Francisco] Neighbor complain about not having gutters and then won't let contractors install it.

Question:
My neighbor filed a complaint with the city about rain water going to their side of the property.  I got the complaint and hired some contractors to install it for me.  However to install the gutters, the contractors have to be on the neighbor's property.  The neighbor are OK with the contractors being on their property but they refused to accept the normal gutter installation claiming that the gutters would then go over the property line to their side.  There has been no survey done, so the property line is undetermined.  A survey would cost $5k, which is a cost I'd like to avoid especially if the end result determines that the gutters would indeed go over the property line.

To install gutters without using the common property area and satisfy city code at the same time would be a big project that needs holes in and out of the roof and house for the pipes.  It will also be very costly.

Is there anything I can do to convince the neighbors or city to let me install the gutters the normal way.

Edit: drawing here http://imgur.com/aq6ew0j
I'm on tablet so the drawing doesn't look that pretty.

Answer:
 Surveyor here. There is no way it should cost that much for a small lot survey. Answer #2: Honestly,

I'd hire a real estate lawyer and have a look over that complaint.  _Generally speaking_, you're not responsible for the "natural flow" of runoff, and if your buildings aren't doing anything that they haven't done for some time, it's a great big "not my problem".

If you've suddenly made changes like say, concentrated the runoff from your property into one big pipe aimed at their property, that's not okay.

From a different angle, I think your to-be-hired lawyer needs to send your neighbors a sassy letter that spells out, "Either let us install these gutters you asked for or pound sand."

Assuming they agree, get their approval of the gutter installation _in writing_, in the legal form of an easement on their property for the gutters.Answer #3: So is the city demanding you install gutters?   Try calling a building inspector and asking for advice.


Title: [VA] Are there laws regarding making medical appointments for someone else without their consent?

Question:
I'm 19.

My grandmother just made me an appointment with a psychologist. What pisses me off is that she made the appointment without consulting me. Even if I need it or not, and I just might need it, the principle of her making it without my consent just does not sit right with me. She's done this with plenty of other legal adult members of the family.

Do I have free reign to call the appointment off? Is what she did illegal?

Answer:
 Does your grandmother have power of attorney or some other guardianship over you?

If not, then you don't have to go to the appointment, pay for the appointment, or do anything else regarding it.  She, however, hasn't broken the law.


Title: What happens if you steal rightful payment from someone that hasn't paid you for services/products?

Question:
Just a hypothetical question, but I can't find an answer to it (or am not using correct search terms).
Let's suppose I offered someone a service or a product, and then they denied to pay me for whatever reason, if I manage to steal my amount due from them (wallet, value in goods etc) how will it play out? To make it easier, let's assume I have proof of service/product provided and agreed value.

I previously submitted this question in r/legaladvice and a person replied that I'd be arrested for theft. Would I be charged for actual theft though, or attempted, since the money technically belongs to me?

Answer: The money doesn't technically belong to you.  It's owed, sure, but that does not, even if you win a court judgment, give you the right to take it by force.  There are methods of collection the court will approve after you demonstrate that you are owed.


Title: Can I be reimbursed for the thousands I paid in insurance premiums that was purposefully not used?

Question:
Georgia, USA.

I’ve been covering my son on health insurance for several years now. I live several states away. My ex has taken it upon herself to not use the insurance I provide and use Medicaid only instead.

After  3 years of excuses as to why I never received EOBs (“I just paid out of pocket”, “didn’t even need your insurance”), and blocks on my son’s account so I couldn’t access his records, I finally found out the truth.

My ex purposely chose to not use the court ordered insurance I’ve been paying for for years, and used only Medicaid because it was “cheaper” for her, even though I pay 70% of medical bills. Now my son is no longer on Medicaid and she has chosen to put our son on her boyfriends insurance and use only that instead. Not sure why she doesn’t want to use double coverage, but I suspect it’s just petty behavior because she wants nothing to do with me.

We are on track to go back to court soon. Is there I chance I can get reimbursed for the thousands I’ve wasted on premiums? I understand my son needs to be covered and he still is, of course, but it’s infuriating that Ive been paying so much and she chose to not use it.
Topic:
Custody Divorce and Family

Answer:
 It likely would be a stretch to expect to be reimbursed.

However, there seems to be a good chance your wife committed Medicaid fraud.  When you have Medicaid, you have to disclose any other coverage.  Had she done that, your insurance would have paid and MCD would have been secondary.  I am not familiar enough with GA, but in many states the punishment can include fines, repayment and in extreme cases, jail time.


Title: [TX]: Bullied because of my mental illness. Can I bring civil or criminal charges for verbal abuse?

Question:
[USA-Texas]

This is a follow up to my original post [here](https://np.reddit.com/r/legaladvice/comments/4i5upc/ocd_patient_here_are_my_symptoms_illegal/) on

Anyways, in short, I am a male in my mid-twenties and I have been struggling with mental illnesses since 2009. I am diagnosed with severe OCD, severe Depression, moderate Social Anxiety Disorder and a bit of PTSD like symptoms without any psychotic features.

I have two particular symptoms that generates angry and aggressive responses from people:

* Eye Contact Problem: My eye goes to people's privates, where they should not and I start panicking. I quickly move my eyes away, but the more I try to not look there, the more the eyes go there. This leads me to sort of automatically stare at their privates.

* Body Focused Obsessions: This symptom is difficult to explain without sounding like a psychotic patient, but here goes. The thing is, my awareness gets stuck in my groinal region and I become hyperaware of that region. To viewers this seems very weird and seems like I am intentionally getting aroused, which is totally not the case.

Because of the above symptoms I am severely bullied both in university and elsewhere. People call me things like "Gay", "Son of whore", "Faggot" and so on. To some extent I understand their point of view, but these verbal abuses only make my symptoms and mental illnesses worse and cause me *severe mental pain and suffering*. I feel so much distress that I don't go out of my house except for school. I am effectively disabled. I should also say that, my mental illness first started when I was bullied at school.

At university, there are people who know me and my problems very well, but they still decide to *intentionally* cause me *severe psychological pain* by hurting me where it hurts the most by the use of words. They know about my particular sensitivities, yet still decide to poke it. For *each count* of their verbal abuse, it takes me on average three days to recover. Each count causes *severe emotional distress* accompanied by a large spike in mental illnesses, particularly OCD, PTSD and Depression symptoms.

My question is:

* Is it possible to bring criminal or civil charges against those who intentionally verbally abuses me to cause me intense mental pain?

Answer:
 > Is it possible to bring criminal or civil charges against those who intentionally verbally abuses me to cause me intense mental pain?

Almost assuredly not.  It's not illegal, in the vast majority of cases, to be mean to you or to say mean things to you.  And, frankly speaking, if you're staring at other people's crouches in public and getting visibly aroused, it's more likely that they could come after *you* for damages.

You should very much see a therapist for this.


Title: Ohio - Charged with Warnings along with original charge for pleading not guilty.

Question: I had gotten a ticket by a officer.  He pulled me over told me why he pulled me over. He said I didn't have a seat belt on until he pulled me over (which was a full lie) and said the exhaust on the vehicle was loud and rear view mirror was missing. He went to write the ticket and said he gave me a written warning for a verbal warning on the exhaust and rear view and charged me with the seat belt ticket. Today I court, I plead not guilty to fight the seat belt ticket in court. The Judge tried to offer a waiver to drop the price of the ticket. The issue is, I don't have the money and I'm not guilty for the crime either and the payment would be due today. I stated that I couldn't do it and I need a not guilty plea. He took it as a insult and said now he will charge me with the written warnings for the exhaust and rear view mirror and I have a court date for November. Now, is that illegal? How can I be charged for something that was a warning because I couldn't pay and I know I'm not guilty for?

Answer:
 Perfectly legal. Charges can be laid until the statute of limitations is up.

You now have the chance to defend yourself against the charges.


Title: roomates right. TEXAS.

Question: i have a problem with my friend who i am trying to help out. he is trying to be my life coach and my landlord with no lease agreement. i am staying with him because my mom was being abusive to me. verbally financially and physically. any way the problem i have is turning in to a cival rights violation. including to take my rights to come and go as i please, limiting my computer usage and other stuff. telling me if i dont like it theirs the door. i may have to start going to the library to use my computer. im going to con sitter talking to a neighbor about using his wifi and giving him 20$ so i can still use the internet like i want to and need to to get my life in order. my family screwed me out of living with my wife. yes there is deeper legal " civil" issues i have to solve with in my family but there deep to. any way back to what i was saying. what is my rights in this situation??

Answer: If you're living with him and he's paying the bills, it's not a civil rights violation for him to limit Internet access. Your right is to live elsewhere.


Title: Employer threatening to stop scheduling hours unless a passport or social security card is brought in.

Question:
My girlfriend works for a pool in a Nebraska state park. This is her third year working for the pool, and normally employees get a raise their third year. When my girlfriend realized she wasn't getting the third-year salary, she brought it up to her superior, and the superior told my gf that they won't pay her the third-year salary or schedule her for shifts until she presents an additional form of identication, specifically a passport or social security card. Both of which reside with her father, and it would take several weeks to attain them from  him. The reason they provided for requiring the documentation was that the scans of her birth certificate they required for hiring look different from last year and this year.

My gf has asked for proof of why her management believes the appearance of her birth certificate differs.

I guess my question is, are they allowed to stop scheduling her if she doesn't provide either form of documentation?

Answer: They can't require specific documents, but they can absolutely require her to provide sufficient forms that satisfy the I-9 requirements. (There are two categories-- one to establish her identity, and the other to establish her right to work legally in the US.  Some documents, such as a passport, satisfy both requirements.


Title: [NC] Me & my Husky were attacked by a pitbull today. What options do I have?

Question:
Today I was out on a walk with my Husky & we were attacked by a Pit Bull in a bad part of town. Thing is that's the only area we can talk in because it's the only area near where I live that has sidewalks. What that means is that even if I were to report this to the police obviously nobody is going to corroborate this as the only evidence is the fact that my finger was bit pretty bad but that doesn't prove their dog did it.

I would like to get a gun to defend myself if this happens again, but I've been in a mental hospital in the past when I got out of the Army. That was 4+ years ago though, so I'm not sure how the laws would apply to me being able to get a gun or what options I have so that I can at least walk my dog without fear of being killed by a large 70lb pitbull that's already attacked us once

Answer:
 If it is illegal for you to own a gun, do not get a gun.

Call the police and report what happened if for no other reason than to keep it from happening to someone else.  Police do not need corroboration to investigate your report, which they will likely take seriously since you were injured.  You also don't know if there are other reports of the same dog attacking people.Answer #2: Don't try and get a gun to walk around with.  That's only going to make your life infinitely worse.

Is there absolutely no other places to walk your dog?


Title: Legal help with bogus sexual abuse claims agaist a child (BC,Canada)

Question: [deleted]

Answer: I would get far away from this situation, quickly.


Title: Landlord insists on entering my apartment when I'm not home - California

Question: My landlord called me while I was driving home this Thursday asking "Why didn't you tell me your sink was leaking?" which was a surprise to me. An hour later when I got home, while on the phone with her, I went into my kitchen and inspected underneath the sink and everything was bone dry. After nailing down her rhetoric, she admitted that she noticed a wet patch of dirt (not a sinking mud pit but more like someone dumped a cup of water into the dirt) behind my unit near where the kitchen was located and assumed the sink was leaking. She said she wanted to come over on Friday (the next day) and I asked her given my job location/commute, if we could meet on Saturday or Sunday since I would be home, she kind of mumbled and trailed off and ended the phone conversation, then got back to me on Sunday saying she had been busy and wants to do it during a weekday and not the weekend. I have absolutely no objection to having her come in and inspect, I'd just really like to be present while she's there as she doesn't hire professionals, but calls in favors from friends/cousins/neighbors, and I'd prefer not to have two complete strangers in my house while I'm gone for the day. Is it unreasonable for me to want to schedule this during a part of the week when I'm home given it's not a structural/life threatening emergency? Thank you in advance for any input.

Answer:
 This is just a tip.  When your landlord calls, don't answer the phone.  Maintain a "email, text, or voicemail" rule with your landlord.  Always.

Because that way, next time when he contacts you, he will have to EMAIL or TEXT about the leaking sink.  And since he didn't give you a written notice to enter to match the date and time that he contacted you, you now have documented evidence of him admitting to entering the apartment.Answer #2: I don't know what city you're in, but I'm in California and the law in my city is clear on this matter; a landlord has to provide 24 hours in advance written notice for 'Agreed Upon Repairs' (mine posts a notice on my front door, the heading is 'Notice to Enter Dwelling'). Now I've researched this further and according to my local rent control board, the landlord is in his/her legal right to do this, but the notice must be posted, and they must 1st assume a normal expected posture by ringing the bell or knocking on the door prior to gaining entry with their key.


Title: Received a Letter from Personal Injury Trial Attorney

Question: [deleted]

Answer:
 >I'm planning to give my insurance a call tomorrow and tell them about this matter.

That is the correct course of action.


Title: [CA] Assaulted by a security guard last night.

Question:
Not sure what to do, file a police report and contact a lawyer? I'm not even sure what kind of lawyer would handle this.

So here's the story..

Last night me, and a few of my friends were walking around old sac, a historic area of my city. We were walking along the bike trail, which is frequently used by commuters, and is open to the public 24/7.

We were walking down the trail, when suddenly, some person started shining a super bright flash light in my eyes from about 15 feet away. He started questioning me, asking what I was doing there, why I was walking along the trail.

So I asked him if he was a police officer, and why he cared that I was walking along the trail with my friends. He said yes, he was a cop, and continued to question me.

I didn't really say much. He lowered his flashlight after a couple minutes, and it was then that I saw his face and the jacket he was wearing.

He was a security guard, for who or what, I have no idea. He probably works at one of the bars or clubs in old sac, but I have no clue as to why he was on the bike trail.

After I realized that he wasn't a cop, I was pissed. I yelled at him and told him he's an idiot for impersonating a police officer, and that I will be reporting him, and calling the police ASAP.

This goes on for a few minutes, I'm basically just standing there telling the dude what a piece of shit he is, and that he has no right to question why I'm walking on the bike trail.

After a few minute of me talking, he randomly pulls out his pepper spray, and maces me in the face, and then just walks away.

I didn't make any movement towards him, I was standing in the same spot the entire time, about 8 feet away from him, and without warning, he maced me.

After he maced me, I fell to the ground, and then blindly made my way to the river's edge so that I could immerse my face in the water. On the way down to the river I tripped and fell over some rocks, broke my cell phone, sprained my ankle, and cut up my legs.

Luckily, I had a few friends with me, and they were able to help walk me home.

Any thought on how I should proceed? I really want to get this asshole fired. People like this have no business being in any position of authority.

Should I contact a lawyer before I file a police report, or file the report as soon as possible? I've already talked to SacPD, and they said that they will have an officer sent to my home to take a report as soon as I get home from work.

Answer:
 Do you know who the guy is, or who he is employed by?  He very well could have had some authority to figure out what you were doing there, because to an outside observer you guys probably appeared sketchy, at the very least.

Make the police report, then talk to an attorney at some point.  There's no reason you should put off making the police report. Answer #2: > I'm basically just standing there telling the dude what a piece of shit he is, and that he has no right to question why I'm walking on the bike trail. After a few minute of me talking, he randomly pulls out his pepper spray, and maces me in the face, and then just walks away.

Impersonating a police officer is a crime, no question about that.

The "assault" is a separate issue. If you were screaming at this guy for a few minutes and behaving aggressively he may claim self-defense as justification for spraying you with OC.

File the police report and see what happens.


Title: Regarding the recent manhunt of Sol Pais, is there ever an instance where it’s OK for a civilian to shoot on sight if their target is known to be armed, dangerous, and a threat to others

Answer:
 No.

Longer answer, as a civilian you can only lawfully use deadly force if you are defending yourself or someone else from an immediate threat of death or great bodily injury.

Police operate under different rules and are governed by their agency policy. Even if you were a sworn police officer in your scenario, the use of force you described would most likely be against agency policy and unlawful.


Title: Drove without insurance, received tons of citations.

Question:
I didn't know who to turn to except you guys, I really hope someone will be able to give me some advice.
I've had this car for about 2-3 weeks now, but technically I just received the carbon copy of the title about a week ago (so the transaction happened a week ago) which then I finally got registered.
This car needed to run 500 miles in order to pass inspection, I also haven't purchased the insurance yet. Meanwhile I was using Repair Towing plates provided by a shop. I was told that these repair towing tags have insurance which will apply to which ever car they are on.
I haven't had the chance to switch the plates yet, thinking it was a better idea to wait until i have my inspection and insurance ready.
Getting pulled over: ( I was actually parked on the side of the road because I was going through a brake up and balling my eyes out) a police officer turns his lights on and start asking a bunch of questions.
This is right outside of Philadelphia, in a small county called Lower Morland, which is very strict.
I told the officer I'm on my way to take the car to the shop because I wouldn't have time tomorrow to get the inspection done, so I would only pick it up tomorrow night. I thought it was a good answer to his "Why are you parked up on such a random street?".
He took off my repair towing tags, took my new license place which was in my glove box which i showed him, and put those on. He told I'm suppose to be getting a bunch of citations in the mail soon, which I'll have the chance to take to court.
Main one was driving without insurance. He told me if I can prove that this vehicle had insurance of the day he pulled me over - he'll be able to drop the chargers. Otherwise my license is going to be suspended for 3 months.
I really thought this car was insured, the towing tags have the insurance card taped right behind it, but he took those.
I don't know if I made this clear enough or not, but hopefully it's understandable. Hopefully somebody can help.
TL;DR drove without insurance (thought i had it with the repair towing tags) got tickets for not having insurance.

Answer: Contact the shop that gave you the tags and get proof of insurance.


Title: Can someone be charged with attempted murder if they attempt to cut off someone's head with a wet noodle? US LAW OR CANADIAN LAW

Question:
I got into a legal argument with someone online. I said you cannot be charged with attempted murder if you try to cut off their head with a wet noodle because it doesn't meet a reasonableness criteria.  It's unreasonable for anyone to believe that is possible.  They might (theoretically) be found guilty of assault, but absolutely not guilty of attempted murder, simply on the ground that it doesn't fit the elements of the crime.

Someone replied to me the following

Answer:
 In Canada, [United States v. Dynar](https://www.canlii.org/en/ca/scc/doc/1997/1997canlii359/1997canlii359.html) discusses impossibility as a defence to attempt. The courts ruled that impossibility is _not_ a defence, and that someone can be convicted of an attempt to commit a crime even if the method of committing the crime could never have completed their intended goal.

However, the Crown might have difficulty establishing beyond a reasonable doubt that the accused intended to kill the victim if they undertook an action so obviously unlikely to reach that result.


Title: Roommate got evicted for tattooing in his own house. (TX USA)

Question:
So we rent from a landlord who is pretty strict. To make this short and to the point, here is the basic scenario-

My roommate has a tattoo gun and was tattooing himself, as well as another mutual friend one night, when our landlord stopped in (he was invited). Upon seeing the situation he then told us that tattooing without a license in Texas is illegal and he was therfore evicting my roommate. I have looked everywhere and I cannot find anything that definitively says that it is illegal in the state of Texas to tattoo yourself or another individual (without compensation). All the laws I can find pertain more to running a business or studio. We are in Travis County (Austin). I am not super concerned about the intracasies of renter's rights... just more curious if that is in fact a legitimate law where we live? Is it illegal to tattoo yourself in the state of Texas in Travis county without a license? (Just a note- everything was sterilized and he wore gloves)

Answer:
 Actually when you google "Tattooing without license, Texas" the very first link that pops up let's you know that you must be licensed to tattoo in order to, well, tattoo legally in Texas.

Edit: they also outright ban tattooing from a residence. So it wouldn't matter if he had a license, he was definitely illegallt tattooing.


Title: [AZ] Got underage Dui with .00

Question:
State is Arizona. Age is 17. Went to a party but didn't drink as I said I'll be the designated driver for them just cause I hate drunk drivers. I ended up getting oulled over with 3 others in my car. They all blew high levels are we're underage so 3 guys got arrested, almost me except I was never drinking and blew a perfect .00  ut I was still given a ticket and court date for drunk driving.

Not really sure what to do as this happened a couple hours ago, I don't think my parents know

Answer:
 You need an attorney in any case, and to tell your parents.

Three possibilities stand out. First is that DUI does not require alcohol in your system. You can have illegal, prescription, or nonprescription drugs - even dramamine or benadryl can give you a DUI charge.

Second is the possibility of an open container in a moving vehicle, which also does not require the driver to have consumed alcohol.

Third is it could be a minor in possession and not DUI.

Again, a lawyer is necessary, even if none of these apply. I have known plenty of really smart teenagers, but have yet to meet one who is articulate enough and can understand criminal procedure well enough that I would recommend they defend themselves in court. Answer #2: What are you actually being charged with on the ticket?  Should have some violation code.Answer #3: Were you on anything else? Alcohol is not the only substance that can cause a DUI.

Was the ticket actually for DUI or MIP (Minor In Possession)? If any of your passengers had alcohol in their possession, you can be charged with MIP even if you didn't have it in your direct possession.

Tell your parents ASAP and get an attorney that specializes in DUI.


Title: Someone sprayed silly string over my car while I was at work.

Question: My "friend" texted me during my shift about when I was working. I told him I was working right now. When I got off work about an hour later, I find my car sprayed on with this greasy "silly string" substance. I did not find this funny at all as my  colleague and I had to peel off the string, some of which melted onto the car from the sun. I told my manager and she filed a police report. I know there are cameras outside the facility, but I am not sure if they were able to catch my friend in the act. I am positive that my friend did it and would like to take legal action against him. Advice?

Answer: Did this do any permanent damage to your vehicle?


Title: Just signed a lease and this happened

Question: So, I just signed a lease for a rental property though a rental agency in Lawton, Ok. I found the property online and the amount for rent was 1100. Nice home, good deal. So I set a date (13Jun17) and made arrangements for utilities to be turned on 14Jun17. I go to the office, sign the lease (my wife is supposed to sign on Monday when she gets into town) and they give me the keys. About an hour later they call and tell me they made a mistake and after talking to the owner that the rent is supposed to be 1350, and 1100 was just supposed to be the security deposit. They said 1300 was the absolute minimum they could take. When I said I felt like I should talk to a lawyer that number changed to 1200. I feel like that's maybe something that should have been brought to my attention before utilities were arranged, and definitely before I signed the lease. They signed it as well, and I have a copy.  I know my wife hasn't signed it yet, but I'm wondering what my options are. Does just my signature make the lease legal? Do I fight the rental company for the 1100, pay the 1350 that it's supposed to be, or cut my losses and look for another place?

Answer:
 No one ever mentioned the 1350 to you before signing and the lease clearly states that the rent amount is 1100?

As long as that is true then hold them to the lease. Answer #2: If you signed a contract for that unit at $1100, then they are out of luck unless the lease has coverage for clerical mistakes.


Title: [VA] “Trust” fund after death

Question:
I’m the executor of my father’s estate, as clearly named in my father’s will. Dad left me everything, which is a mortgaged house in poor condition and some old cars. After everything is settled, the estate will probably only be a few thousand dollars.

My dad raised my nephew, now an adult, who still resided with dad. Dad’s brother, an attorney, is telling me that dad’s final (verbal) wishes were that everything go to my nephew. Attorney Uncle says he’s going to start a trust fund for my nephew, of which uncle will be the trustee. Attorney Uncle also had dad’s debit card at the time of death and cleaned out dad’s bank account a few hours after he died, before I even knew he had the card. He said that was also dad’s final wish. I was with my father for his last three days and he never mentioned anything about it to me.

Anyhoo, I’m not giving Attorney Uncle a dime but now he’s claiming he needs dad’s SSN to set up a trust. I don’t know anything about trusts but it seems to me he shouldn’t need dad’s SSN to set one up. Does he?

Answer:
 Do not give your uncle anything he requests. The will overrides any "last minute dying wishes."Answer #2: If your uncle is a legitimate licensed attorney I'm sure that his extra-legal meddling in the affairs of your fathers probate would be of some interest to the VA Bar.  He really doesn't have to be a probate or estate attorney to know the basics of how this works... you don't touch money or other assets until probate's been opened.Answer #3: Contact the bank and tell them that your father was in the hospital / dead at the time of the withdrawal, and it was unauthorized.

&#x200B;

Contact the police and report the theft.


Title: When does a counter offer become a binding contract?

Question:
I am located in Utah. My fiance and I went to an open house yesterday and fell in love with the home. We put in an offer and were informed that there were 3 other offers and they would be sending out counter offers later in the evening. We got our counter offer, were happy with it, signed and sent it back within half an hour.

Today we emailed the seller asking if any other counter offers came back before ours and if not if we could walk through the home with my fiance's parents and bring the earnest money thus week. They responded saying that they would review their offers tomorrow (understandably they are busy with family today for mother's day) and make a final decision.

My understanding is that once an offer (or counter offer or addendum) has been signed and received by both parties it is a binding contract and they cannot accept other offers. Is this accurate? Could they accept a counter offer that came in after ours? If so what would our recourse be? Thanks for any advice you can give!

Answer:
 An offer (or counteroffer) is a statement that the other party would take as empowering them to bind the offeror simply by accepting.

That is to say, if what you got back was something that, simply by signing it, sealed the deal, then it was an offer.

If you knew that it was open to more than one person -- and it can't be true that all of you would have the right to  bind the contract by accepting it -- then it wasn't an offer.  It was simply negotiation.

There are times when what one person gets appears to be an offer, but was extended to multiple people.  That can put the offeror in a very bad spot because you and the other potential buyers could all have the same right to the same property.

But the offeror telling you that there were other players and "we'll be sending out counteroffers" puts you on notice that you're (probably) not empowered to bind a contract simply by accepting.

Ultimately, even if three different parties did in good faith believe they were creating a contract, the house can only go to one of them.  The other two would have damages for breach of contract... but what those damages would be probably isn't much.


Title: Inappropriate touching of a child by a teacher or over-reaction?

Question:
A 9 year old child was subjected to hugs from a teacher daily over a period of over 2 years. It occurred nearly always after school with few others around but on occasion in class. The contact was unwanted, but the female child felt unable to say no due to the position of authority the male teacher has. The hugs were from the rear with his arms around her shoulders and across her chest with his cheek on her cheek and he would say "I love you" to her.  He knew the contact was unwanted and even bugged her about who her middle school teacher was so he could "come get her there".  He is not related nor acquainted with her in any way outside of school. He is tenured and the behavior has stopped since moving her from that school as she now has no contact with him.

Is this a case of sexual harassment? Or is it a case of a parent overreacting?

Answer: I'm a parent but not a lawyer. This is inappropriate and the parent should absolutely be having discussions with both school administration and police.


Title: Americans on Safari Kenya had our vehicle struck by rotors of a flying helicopter. Escaped injury/death by sheer luck.

Question:
In late August 2018, I was part of a small group on Safari in Kenya. One day we took sightseeing flights aboard a helicopter. After the last guests had landed we returned to a Land Rover parked nearby. The pilot, alone in his aircraft, took off to return to his base.

As the helicopter ascended, he turned and “buzzed” our vehicle - flying directly above us. As he passed over, at least two of the main rotors struck our vehicle’s radio antenna - bending the metal antenna (two meters of thick steel wire, a “whip antenna”) and tearing it off the vehicle. The sound of this impact, a very rapid “bang bang”, startled all of us just behind the windscreen. The helicopter continued on its way, we repaired our antenna, and we departed. We heard later that the pilot contacted our driver to discuss the impact with him.

The spinning rotors missed us by a small distance - a maximum of two meters and possibly only inches; We could not tell how far “up” the rotors the impact happened.

Had the helicopter been just one or two meters closer (possibly much less) the rotors would have struck the passenger compartment instead; almost certainly causing multiple fatalities and a crash. We escaped a horrible death by little more than good luck.

At the time the collision, the pilot had open grasslands surrounding us in all directions. He was not required to fly above, or even close to, any vehicles on the ground. Flying so close to our vehicle was his choice and very nearly deadly for all of us.

Our tour company supplied an interest-specific guide in sac vehicle. The hotel (a “camp” in local parlance) supplied the vehicles and driver/guides. Whether the heli was contracted by the camp of the tour company is unclear.

We heard nothing of an accident report. I have written a description of the incident by email to the Kenya Air Accident Investigative Division but so far have had no reply.

What can it should I do?

Answer:
 I am not sure what you are asking? You were not injured right? You can complain to the hotel if you want. Answer #2: You want to sue someone because you thought something bad might happen and it scared you?

You didn’t escape death, you weren’t injured, other guests weren’t injured. The car wasn’t even wrecked! Just the antenna bent or pulled off??

With this logic, I should be able to sue an airline company because planes fly overhead and there’s a chance they might crash down on me at some point and kill me... doesn’t make sense right...Answer #3: > What can it should I do?

You can't *do* anything. Nothing happened to you or anyone else.


Title: I just inhaled rice at an Indian restaurant.

Question: [removed]

Answer: Learn to eat properly.Answer #2: Chew and eat your food more slowly. Answer #3: "Rice is great if you're really hungry and want to eat two thousand of something." - Mitch Hedberg


Title: Boyfriend's broken hand ignored by local ER. Does he have a case?

Question:
My boyfriend was brought to the local ER by police after he was picked up by the police for running through the woods. (He was having hallucinations due to extreme insomnia brought on by the stress of having his car stolen the previous week)

At the ER he was assessed and was found to not be mentally stable and was immediately sent off to a psychiatric facility.

I knew he had punched the fridge and his hand was horribly swollen. When I got to the ER they wouldn't let me see him, told me he was being sent to a facility. I asked about his hand to which the person told me he had gotten an x-ray and it was found it was not broken.

Fast forward 3 days. I finally hear from him and he told me that the people at the facility told him that his hand was broken and that they wrapped it in an ace bandage and never addressed it again or gave him any follow up instructions. (A believe it is important to note it was not wrapped by a licensed physician.)

A week later he is released. The following week we packed up our things and moved to Philadelphia. Due to the snow storm that hit Virginia it took about 5 days to get there. As soon as I could I made him an appointment with a orthopedic specialist. All in all, it was about a month from the time he broke his hand until we saw the orthopedic specialist.

We were able to get copies of his xrays and a copy of the radiologist report where it clearly says his hand is broken. You can see it clear as day on the xray as well and I am by no means trained to read xrays.

The specialist is clearly baffled when we told him the story. I over head him in the hallway speaking to the nurse about how sick it made him because of the inadequate care he received. Naturally he needed more xrays. At that time the doctor explained that he had two choices: let the hand finish healing in a REAL splint not just an ace bandage (as it had already started to heal) and live with the slight deformity and hope there are no problems in the future, or they would have to make an incision, rebreak his bones, place temporary pins in His hand and splint it. He chose to let it heal. Can't blame him for taking the easier way out.

So here's what I am wondering, does he have ground to stand on to bring a case against the ER and the facility? Clearly the hospital was more concerned with sending him off to a facility and did not address the problems that they could have fixed and the psychiatric facility did not give him access to proper medical attention as they held him against his will. Their negligence is directly responsible for the condition his hand is in right now.

Also this is the same hospital that violated his HIPAA the previous year. Ask anyone in the town, the hospital is extremely negligent.

TL;DR

ER ignored my boyfriends broken hand and sent him to a psychiatric facility. The same facility did not give him proper medical treatment when they were told his hand was broken but still held him against his will. His hand is now damaged irreparably.

Thanks in advance!
Topic:
Healthcare Law including HIPAA

Answer:
 Does he have his actual medical records from the ER? Are you sure they did an X-Ray? The simplest explanation is that they did not do that and that the person you spoke to was misinformed (or lying). If this is the case, then all you can accuse them of is looking at his hand and failing to look closely enough. However, if they did actual X-Rays that make the break obvious, but didn't follow through, you might have a case.

So have him request full copies of his records from that night, then take them to a malpractice attorney to see if you have any case.


Title: Boss made me work inside a building exposed to drying paint. Got sick and couldn't work for two days (10 hours). Is there anything I can do? [OH]

Question:
I'm a lifeguard employed by the city and was working inside our indoor pool during our annul maintence to clean everything. On wednesday when I came in, a painter already spread out fresh new paint on two pools. I was given tasks that delt with being nearby the pools exposed to the paint fumes without being given safety equitment (Mask). I came home with a headache, dizziness, nausea and diarrhea; all symptoms of paint fume inhilation. The next day I still felt bad so I went to work and my boss drove me in the city car to the ER which was covered by workers compensation. The doctors there told my boss that in the future when he has workers working near drying paint, that he should give them masks, which my boss acknowledged and said that he will fix that.

I now feel fine but I missed out on 10 hours that I could've worked if I was given a mask while working. So I'm just posting this to see if I can do anything because I haven't figured out anything from google.

Answer:
 INAL. I am a commercial painter. In the future , If you are likely to be exposed to this risk, a mask may not be enough. Fresh air recovery in enclosed space may also be necessary to mitigate the risks of exposure.  Ask your employer to provide you with the MSDS for the specific products being used. This can be obtained from either the painting contractor or supplier. The MSDS will specify the exact risks and exact steps necessary to protect yourself.

Edit- when provided a mask please make sure you familiarize yourself with it and perform a proper fit test so it functions as it should. Be mindful that there are different filtering media for different types of exposure so don't just assume the ones that come with it are ideal for your specific situation. Prolonged paint fume exposeure is no joke.


Title: Breaking lease after burglary (MN)

Question:
June 22nd I arrived home after a week long trip to find my rented 3BR home a mess and many items stolen.  When I was able to do a full inventory the value of the stolen items was over 35K.

Police were called right away. During the course of their investigation they arrested my landlord having found video evidence  (I think from a neighboring property ) as well as finding some of the stolen property both at his house and in his car.

The same weekend of the 26th I moved out. I was totally moved out the 27th, hired a cleaning service for their move out cleaning, and I mailed certified mail back the keys and the garage opener.  I took pictures and video of how I left things.

I lived there almost 3 years, being on a month to month lease after the initial year lease that I signed.

I did not pay July rent. I did not give notice.  Reading the lease, it does state 60 days is required.

The landlord bonded out and is now demanding 2 months rent from me in the tune of $3,000.

Due to the circumstances am I still responsible for breaking the lease as I'm pretty sure him robbing me has him breaking it first?

Do I respond?

The police have been great with this. Also,  I do have renter's insurance that I am still working with to figure things out. As of now, I am not sure if the insurance will pay out and if they do my coverage is a lot less than the loss. I do fully expect to sue him for the difference.

But, mostly,  I want to know if I need to pay this 2 months rent.

Answer:
 I read just the title and clicked it, thinking that I could reply with the typical: "Unless your landlord robbed you, someone breaking into your apartment will not get you out of the lease."

Looks like I don't have to now! :)Answer #2: HE owes YOU $100 (asshole tax). And potentially a free lease termination to be decided by the court.

https://www.revisor.mn.gov/statutes/?id=504b.211


Title: My husband was scalded by soup from a restaurant. Is it worth pursuing legal action? (Alberta, Canada)

Question: My husband ordered soup to go from a locally owned restaurant in our town.  There were 4 large containers, filled to the absolute brim, that were wrapped in a plastic bag and placed on the kind of cardboard box that holds cans of pop.  He picked up the soup (was not warned that the soup was extremely hot) and brought it to his destination.  When getting out of the vehicle, one of the soup lids hit his steering wheel and the came off, spilling the soup into my husband's lap.  The rest of the containers then spilled on him as he jumped out of the vehicle.  He then proceeded to scream in absolute pain and tear his pants off right in the middle of the street.  His friends quickly took him to the emergency room.  He was transferred to a larger hospital in another city via ambulance.  He sustained significant burns to his thighs, stomach, testicles, and penis (yes, very cringe).  He spent over 2 weeks in the burn unit and received a diagnosis of deep second-degree burns.  He had to be placed on morphine and had skin grafting done where they removed the skin from the posterior part of his thighs.  He also had to undergo daily physiotherapy, which was incredibly painful for him.  Once he finally came home from the hospital he had to have a nurse come daily to change his dressing and also continued the physiotherapy.  He also has to wear compression shorts for the next year.  His skin will most likely be permanently discolored (but I am happy to report that his man-bits recovered very quickly).  Not only did he have to go through that immense, excruciating pain, but he also struggled while coming off of morphine.  Thank goodness he is doing much better now.  We want to know if he has a case at all and if we should even pursue this.  He did have to go on disability and was unable to work for some time.  Any advice would be greatly appreciated.

Answer: If his injuries were severe enough to require skin grafts, then it's almost certainly worth speaking to a personal injury attorney. The Law Society of Alberta can refer him.


Title: Would reporting a sexual assault, and pressing charges require much evidence? And would the legal fees get expensive?

Question:
If the sexual assault happened 6 months ago and there is zero proof, but one word against the next, is it worth it to go through with pressing charges?

Location: New Jersey

Answer: The police would investigate and the prosecutor would determine if there was enough to press charges against the alleged perpetrator. The victim would not pay for anything.


Title: House robbed and I find that my renters policy was canceled last month.

Question: I live in a house with three other renters. A lot of our stuff was taken in a burglary. I call to file a renters claim and I found out that since I got a new debit card recently, they hadn't received the payment and closed my policy. I'm desperate for some suggestions

Answer: Buy new stuff with your new debit card.  You didn't pay your bill so insurance won't cover it.


Title: United States' legal responsibility if they can't (or won't) show the act was legal

Question: [removed]

Answer:
 Sovereign immunity generally protects the United States government from legal action within the US, and it's not clear how a suit against the US in a foreign court could result in an enforceable judgment, so it's kind of a moot point, but even ignoring that, no. The United States did not launch the missile that took down the flight, or direct the flight into its path.

Litigation over indirect and unforeseeable causal connections would cripple the courts, and society at large, over all sorts of for-want-of-a-nail bullshit. Generally, if there's no direct causal connection between an act or omission and the harm following it, there's no liability. There are exceptions, but a missile strike leading to diplomatic tensions leading to an (allegedly-)unplanned missile launch on a commercial airliner is far too tenuous to support a claim.


Title: I signed an agreement with an art trainer stating I wouldn't verbally reiterate any of the concepts in the training. Now I want to .

Question:
[deleted]
Topic:
Contracts

Answer:
 >we just never thought to leverage it to acheive this signature look.

So you obtained a specialized knowledge from this course.

>I teach a photo class and would like to incorporate some of the concepts

And that is the exact reason they don't want you to use them.

Do you have the money to fight the lawsuit when you get sued for violating the contract you signed?


Title: Sold something online that I no longer have

Question:
So my girlfriend had placed a backpack used on sale on a website for used goods. She ended up getting rid of it to another place but forgot to remove her sale page from the first website she advertised it. Well someone bought it from the first website but now she doesn't have it anymore.
What would be the right course of action? I told her to contact the actual website and tell them that she forgot to take the ad down for the used backpack but I'm curious what people here will advise. Do websites have some agreements that you can't also sell a good or give it away elsewhere? I know with craigslist, fb market place etc people will put up things for sale on 5 plus websites to get exposure. But the way she said it made it seem like geartrade let's people click an actual buy button as if geartrade themselves had the item.

Answer: Most websites should have some form of canceling the sale and refunding the payment. Ebay has an "item no longer available" cancellation option.


Title: Is this considered police misconduct? Can I file a civil lawsuit? Police says I did a crime at a school at a specific time. All they had to do prior to arresting me was check my school's schedule and ask the professor for the attendance sheet to confirm that I was in the classroom at the time the

Question:
California, USA.

Is this considered police misconduct? Can I file a civil lawsuit? Police says I did a crime at a school at a specific time. All they had to do prior to arresting me was check my school's schedule and ask the professor for the attendance sheet to confirm that I was in the classroom at the time of the crime, but they failed to do this. Do I have a case to sue? They did later check my schedule with the registrar to come and arrest me though. I was picked out of a police lineup. This happened in October 2013. Is the statute of limitations still in place or not? The case got dismissed due to lack of evidence in August 2014. I am filing a petition for factual innocence next month.

Answer:
 You likely do not have a case to sue.

The standard for arrest(probable cause) is different than the standard for conviction(beyond reasonable doubt).  The fact that the charges were dropped does not mean that the original arrest was invalid.

Additionally, the fact that there was some evidence in your favor(attendance records) does not mean that all other evidence against you is wrong.  They apparently had plenty of evidence against you, including eyewitness testimony; your witness doesn't automatically trump their witness.

Answer #2: False arrest cases are very, very difficult in general. Here, you were identified as the suspect in a lineup, *and* prosecutors apparently proceeded with charges, *and* it took nearly a year for the case to be dismissed. Unlikely you have anything just based on those facts.

The standard for lawsuits against police officers for this kind of thing is not that you were actually innocent or they didn't investigate every angle, but that there was such a complete lack of any probable cause against you, that any reasonable officer would know he was violating your rights by proceeding to arrest anyway. Or, against the police department, that they had a policy of making utterly baseless arrests. Someone identified you - that's more than enough.

You're certainly welcome to bring the case to a civil rights lawyer of course. Statute of limitations for Sec. 1983 civil rights cases is 2 years.


Title: [Texas] I need to legally change my first name but I don't have a birth certificate. =/

Question: I got married and changed my last name this morning. It's a very Irish last name... but my first name is something insane. I was born in China and it's a very un-pronounceable Chinese name (to Americans anyway). So now I have this awkward name... Does anyone know what forms I need to fill out? and if it's even possible?

Answer: Couldn't you just go by a more Americanized nickname and only use your "awkward" name for official purposes (like taxes)?


Title: Generations Long History of Child Sex Abuse in Family

Question:
Hello,

Earlier this year, my siblings and I began to realize the decades long history of pedophilia, incest, and molestation that exists on my mother’s side of the family. My mother was in possession of 14 images of child pornography of my brother and I. My sister was molested by a cousin from the ages of 7-10, many family members knew about it and kept it quiet. I have my grandmother on a recording admitting that she knew my grandfather had molested their daughters, and did nothing about it. As things have progressed, more and more similar stories are emerging. Once my siblings and I started asking questions about these things, we were kicked out of our family home, and have had our father relentlessly stalk us.

We have gone to the police about these things, and have an investigation ongoing, but it seems to be a coin flip as to when we contact the police if we are helped or just further victimized. One officer will say one thing, one another, mutually exclusive thing. When my brother or myself call in, nothing is done. When my sister files the same report, she is listened to. We have been told both that the pictures are child abusive materials, and that they are not. The pictures are forced voyeurism of my brother and I, and I have multiple officers agreeing that if the sexes of those involved in the pictures were reversed (as in my father taking pictures of my sister) they could do something. I have gone down the line of city, state, and Federal officials alerting them of this and asking for help. We have gone to my mother’s former employer and church, only to have our voices silenced again.

At this point we don’t know what to do, or who to ask for help. Any suggestions would be much appreciated.

Answer:
 Go to Social Services, all of you, together. Tell them your story. Do not go to, or reach out for help, at a church - they more than often hide their own sexual abuse scandals, they aren’t the right people to go to. Social Services will take your details and make a case for you, which the police will take seriously for you all. xAnswer #2: > My mother was in possession of 14 images of child pornography of my brother and I.

Are you saying that someone took pictures of sex acts that you & your sister performed when you were minors? And your mother is now in possession of them?


Title: (Virginia) Coworkers threatening me and a manager, is it worth going to the police?

Question:
I am a closing cashier at a chain fast food place, and last night it was myself, a shift leader, and a line cook. The line cook (J) was sitting in the break room texting in between orders and got up to make an order, still wearing the same disposable gloves. I said "you have to change your gloves," because I'm super anal about food safety and all that jazz. He blows me off, so I say, "Dude, change your fucking gloves, that's unsanitary, I'm not handing out an order like that".

He gets pissed and goes off about how I disrespected him by swearing, and I'm not his manager so he doesn't have to listen to me, and then the shift lead steps in and tells him to go wash his hands and change his gloves. Then he accuses us of ganging up on him, and says there was no reason for me to be disrespectful when he's never done anything to me.

He then threatens to get his girlfriend (S), who is the other closing cashier, to beat up me and the shift lead. This girl is a convicted felon who did 3 years in prison for trying to hit a girl with her car, missing, and hitting 6 other people instead. She regularly hits J at work, throws her phone at him, and almost tried to fight a customer. I have no doubt that she would actually try to fight me or the shift lead.

I laughed him off because I didn't think he was serious. Then S comes through the drive thru and asks me what I said to J. I told her verbatim, and she said she didn't want anyone disrespecting him. I realized J called her to I guess try and intimidate me, so I said "This is fucking childish" and walked away from the window.

Neither of them gave me any trouble the rest of the night, but I was worried that somebody would be waiting for me when I got off work at 3 AM. Today I plan on talking to the assistant or general manager with my shift leader to back me up, and I want to know if this is something I should also go to the police about, and if they can even do anything about it or if I'm just wasting their time. Thank you.

Answer:
 Virginia attorney; based on the information provided, it is likely that both S and J committed a misdemeanor offense. It may be worth talking to your local magistrate as soon as possible. However, some things should be taken into consideration. This is likely to do nothing but escalate the situation. Misdemeanors do not carry serious penalties, and your coworkers may feel aggrieved. Your personal safety may be jeopardized.

It might be worth talking it out with your coworkers as opposed to getting the police involved. Otherwise, you may have to change jobs.


Title: Roommate shook her baby

Question: Hi, so this morning my roommates baby was sitting in his high chair, throwing his cup repeatedly, and yelling non stop, and my roommate grabbed the high chair and shook it pretty hard. I'm extremely concerned because she did this in front of me and I'm not sure what she does behind closed doors. Is this a CPS thing? I'm afraid that he will end up in foster care and be treated even worse.

Answer: Babies often die because of this. Call CPS for Christ sakes.Answer #2: If you are concerned for the welfare of the child, please call CPS and they can decide if it's worth an investigation.


Title: 89 in a 65, should I fight it?

Question: Hey guys I’ll keep it short and sweet, was going 89 in a 65.... should I fight it? Is it true cops never show up to these? It’s in California I believe la Quinta is where the ticket was written. I could just pay it and do traffic school so I get no points. Thanks for taking the time to read this.

Answer:
 >was going 89 in a 65.... should I fight it?

On what grounds?

>Is it true cops never show up to these?

No, they almost always show up.


Title: Recorded statements after house fire in TX.

Question: My insurance company (USAA) wants to send someone out to collect recorded statements form my wife and I.  I am okay, I understand what is going on (like the credit checks, bank account checks, the Origin and Cause investigator), they are trying to make sure we are on the up and up.  But my wife is flipping out. She has convinced herself they are going to blame us and deny our claim, she is up in arms about getting a lawyer...and since she just had a surgery, the stress is not good for her. My question is in reference to all of this. How much of this is normal, how much of it is them trying to blame us to not pay out? All of this seems like standard fare, but I am not sure since neither of us have ever experienced this situation.

Answer: Very normal. You are asking your insurance to write you a giant check, they want to make sure there is no fraud. If you don't cooperate you won't get any money, as your policy requires full cooperation


Title: Nurse arrested for refusing blood sample

Question: Recently i saw a video of a nurse at a hospital treating a patient that was in a car accident and was believed to be under the influence. The police show up and ask the hospital to give them a blood sample from the patient, the nurse and doctor not sure what to do call the hospitals attorney and look up the hospitals policy for this situation, come to find out the hospitals policy and the police department policy which the woman printed out and showed them from a department website i assume shows that the patient has to give consent ( in this case the patient is unresponsive from the crash) or the police have to have a warrant. Since none of this criteria were met the hospital refuses the police a blood sample at which point the officer tells the nurse he is going to arrest her. The doctor and nurse both calmly explain that they are just following protocol and apologize for the inconvenience, however the officer proceeded to arrest the nurse ( the video didn't mention what she was going to be charged with) so my question is can an officer do this? Did he break the law? If it is legal what would the nurse be charged with? And aren't there laws saying if your suspected of DUI that the police can draw blood for analysis? How come nurses arent arrested all the time if its actually a crime?  My only guess would be maybe obstructing an investigation?

Answer:
 You’re referring to this incident:

https://en.m.wikipedia.org/wiki/2017_University_of_Utah_Hospital_incident

The police officer was absolutely in the wrong here and was later fired.


Title: How should I return the mail that I'm still receiving from an ex whom I am filing a restraining order against?

Question:
I live in Las Vegas, Nevada. I recently filed a restraining order, but there is a court date for it so I do not believe it is in effect yet. The ex was living with me, and her name is still on the lease and she still has a key. I just got a text from her friend saying she needs her mail back but I'm not sure how to respond. They haven't attempted to come to the house to get it yet, and I would prefer they don't but I'm also not sure if it is a good idea to contact them to meet them somewhere to give her back her mail.

I have tried to contact my lawyer about this, but it's Christmas so I'm not sure how long it will take for a response.

Edit: Thank you so much for the fast responses! From what I've gathered from this thread, I've decided that I will wait to hear back from my lawyer and in the mean time will take the mail to the post office when they open and not contact the ex or her friends. Will probably also stay at a friend or relative's house for the next day or two in case they decide to come to the house for the mail.
Topic:
Landlord Tenant Housing

Answer:
 You are in the middle of legal proceedings and you have a lawyer.  That means you should wait to hear from your lawyer, regardless if there is some delay.  If you have to tell the friend anything, you tell them you are consulting with your lawyer -- end of discussion.

The last thing your lawyer wants you to do with a pending court case is have any new contact with your ex or anyone closely associated with her, no matter how innocent or innocuous it might seem.Answer #2: Just drop it off with the friend or let the friend pick it up.  Tell her the ex cannot be present.  Don't make it into a huge deal.


Title: How do I get details of a federal court case I testified in (2007) San Diego, CA

Question: I just got a Facebook reminder that I put my attacker and would be kidnapper in prison testifying against him. How do I and am I entitled to the details of that case? Or records, transcripts etc?

Answer:
 If you know the person's name, you could try searching for the case on [PACER](https://www.pacer.gov/). I believe San Diego would be the Southern District of California. Be aware that PACER charges $0.10 per "page," though. If you "spend" more than $15, then they'll send you a bill.

If you want, you could try searching the free [RECAP](https://www.courtlistener.com/recap/) archive, first, to see if the case has been uploaded there. Not all federal cases have, though.


Title: Texas: Update on Bail Bondsman looking for my estranged brother and harassing me at work

Question:
This is a follow-up to this post: https://www.reddit.com/r/legaladvice/comments/3nwjce/

Where things left off the big boss had apologized to me for over-reacting and said that the owner had "made some phone calls" on my behalf.

When I came into work on Monday I was called into the the big boss's office where he was sitting with the owner and a police detective. The detective said if I told him everything I knew about my brother he would personally go to the bondsman and strongly encourage him to direct his energies elsewhere.

I recounted that my brother was a drifter, he had spent most of his adult life in and out of jail on the west coast and I have had no contact with him since 2004. I said it would surprise me if he were indeed in Texas. The detective asked me to go to my desk and throughly search Facebook for him. I came up with nothing, this didn't surprise me. If he wasn't in jail somewhere I suspected my brother would be homeless.

The detective took that away and said he would get me some details on just what was going on.

It turns out my actual biological brother is currently in prison in Arizona and has been since last year.

The bondsman and private investigator were looking for a man of the same name who is wanted both here and in Oklahoma.

The detective went to the bondsman with the documentation showing my brother is incarcerated in Arizona and assures me they won't be back. If the woman shows up at my house again I am to call the detective anytime 24/7 and he will send a squad car to have a chat with her. But I haven't seen her in a few weeks.

Answer:
 > If the woman shows up at my house again I am to call the detective anytime 24/7 and he will send a squad car to have a chat with her.

I like this.  I don't know if this is a common occurrence for a detective and if not good on him.Answer #2: Thanks for the update!  Sounds like things worked out as good as they could.  Glad to hear it!Answer #3: I'm very glad to hear that, after his initial overreaction to the disturbance, your boss turned right around and effectively threw the support of the company behind you to prevent further harassment. Obviously it's to their benefit as well, but I'm glad they stood up for you and decided to involve themselves in the situation instead of just expecting you to fix it unaided. That, and especially the fact that he specifically apologized for overreacting in the first place, is a mark of a good employer. (I think it's much more illuminating to see a boss take the opportunity to apologize when necessary rather than to see them never mess up in the first place.)Answer #4: Is there some sort of licensing bureau you could lodge a complaint with.  A detective having a chat with these people doesn't seem like enough.Answer #5: >The detective asked me to go to my desk and throughly search Facebook for him.

Some real policin' there by that detective.


Title: (Tn) Animal abuse question

Question:
I apologize for my formatting. I am on mobile.

Today I went to a local aquarium store, and I was absolutely appalled at the conditions of the fish. Different stages of death, extreme over crowding, and the sheer nastiness of the tanks drove me to tears on the drive home. There were a few tanks that had water so dirty I could hardly tell there were fish in there. I have been an aquarium enthusiast for quite a while now and have owned an cared for a few tanks over the years,and never have I encountered a business this deplorable in the care of the aquatic animals.

I have been trying to research who to report these people to, but I have no idea where to start. There are quite a few resources on abuse in animals such as dogs or cats, but no so much for aquatic animals. Does anyone have an idea where to start? Maybe some sort of pet store regulations? I would really appreciate it.

Answer:
 Animal abuse is reported to animal control.

They also likely deal with the licensing of such storesAnswer #2: Call your local animal control office and your local ASPCA, one of them should be able to help you or at least able to point you in the right direction. I know my local ASPCA deals publicly only with cats and dogs but I've also seen them deal with all kinds of animals just not as openly (guinea pigs, horses, snakes, etc.) I think the perception is they only deal with dogs and cats because that's the majority of what they do but I did adopt a hamster from them that was mistreated in an animal hoarding situation so I'm sure they'll also care about fish. Also, I'm sad for the fish too.


Title: [Florida/US] Can you be charged with a crime for publishing a "how-to" guide for a potential crime or is it protected freedom of speech?

Question:
For example, suppose I hypothetically wanted to write and publish a pamphlet explaining how to torrent films and software.   Such a guide might have step by step instructions including how to get a client, how to find torrent search engines, which clients are good by name, how to download torrent links, how to add privacy, etc.  With illustrations and step-by-step instructions.

Are there any "incitement" or "conspiracy" etc kinds of charges that would likely be leveled against me for publishing such a thing?  Advocating a crime?  Something like that?  It seems to me that it would be protected freedom of speech, especially if I didn't advocate doing it merely explained how to do it.  If not, then crime novels would be criminal.  On the other hand I can't imagine the government looking kindly on publishing a bomb-making manual, so obviously there's probably some kind of grey area.

For reference, I'm not interested in publishing a how-to for torrents, my interest is a how-to guide for something else that I'm an expert in that can help people.   I also haven't actually done this yet so I'm not in any trouble or anything, just a hypothetical question.  I'm not interested in publishing a how-to for anything harmful, no bomb making, no weapons, no murder, nothing like that.

Secondary question: Whatever the answer is, does the answer change if the how-to guide describes an activity that is a crime in some jurisdictions but not others (prostitution), or describes an activity that is a crime but a reasonable person wouldn't *know* that it's a crime (having a poker game in your house)?

(My how-to guide activity may be a crime in some jurisdictions but I don't know and a reasonable person would not believe it is.  I don't think it is, but it could be because the relevant statutes are vague and complex.  I just want to cover my bases)

Answer: Torrenting isn't a crime. I use it all the time to download Linux distros.


Title: Is my credit score private? Landlord is telling everyone.

Question:
Simple question - I assumed I would find an answer on Google, but apparently my Googling skills are fading.

My landlord is telling prospective tenants what my credit score is, as well as other people in the neighborhood what it is.  I feel like that's illegal.  I can't find any support that it's illegal.

Help?  Thanks!

Edit:  In Fairfield County, Connecticut, if it matters.

Answer:
 Based on a quick scan of some of the relevant laws, it doesn't appear like he's violating any of his privacy obligations. Connecticut law protects against the disclosure of "personal information," which is defined as:

> [I]nformation capable of being associated with a particular individual through one or more identifiers, including, but not limited to, a Social Security number, a driver's license number, a state identification card number, an account number, a credit or debit card number, a passport number, an alien registration number or a health insurance identification number, and does not include publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media.

A credit score would not fall into the category above, as it's not linked to you specifically through an identifier. So I'd say your landlord, while acting unprofessionally, isn't acting illegally. If he's *lying* about your credit score, and it's harming you, you could potentially have a defamation case against him.Answer #2: Put a sign in your window (or on your lawn) that says "BEWARE - the landlord of this building will discuss your credit score w/ other tenants"


Title: I'm a landlord that doesn't want to renew a roommate

Question:
Throwaway here.

&#x200B;

I live in Los Angeles, California and own a condo where I rent a room to a random person I found on Craigslist.

&#x200B;

We signed a 9 month lease and it ends at the ends at the end of April. I let her know earlier this week that I did not intend to renew her lease and she was upset. I have a fear that she might not move out at the end of April so I want to make sure I am prepared in case that does happen. What will I need to prepare and what kind of information will I need? I have also left her typed note stating my intention to not renew.

&#x200B;

Thanks in advance!

Answer: You need a copy that you informed her that you didn't intend to extend her lease. If she doesn't move out, you'll have to evict her. The legal steps you have to take should be easy enough to find online. Google "<your location> + how to evict a tenant".


Title: PLEASE HELP. I am charged with statutory rape for having sex with a 13-year-old girl, even though SHE CONSENTED TO IT and ENJOYED IT.

Question:
I am a 25-year-old male. I met this 13-year-old girl online. I was her sugar daddy. I gave her money, electronics, took her to nice places, in exchange for a sexual relationship.

It was a 100&#37; consensual relationship. I paid her over $2000/month, more than any other 13-year-old gets. She loved being around me. She wanted the relationship to go on indefinitely.

Then her mom found out and turned me in. She loved me more than her parents, and was extremely upset at her mom for doing so. Her parents are super-strict, no fun, no money, no allowance. I gave her everything her parents didn't give her.

SO IN A NUTSHELL, I was her sugar daddy, and this was a 100&#37; consensual relationship. What do I do now?

Answer:
 Hi AntAnswer #2: Go to jail is what you do now.Answer #3: Joseph Cumia is not a pedophile.Answer #4: better off asking on the compound media sub, those guys will have the legal hookupAnswer #5: You should've consulted with M.Answer #6: >It was a 100% consensual relationship.

She was and still is to young to consent. The age of consent is 18 in Florida.

>I paid her over $2000/month, more than any other 13-year-old gets.

Want to add more potential charges, this doesn't matter at all and only makes you seem more guilty.

>Then her mom found out and turned me in.

At least she has a smart mom.

>What do I do now?

Now you are going to keep your mouth shut, delete this post and only talk to your defense attorney.Answer #7: Regardless what she might think, or you might think, or how much she enjoyed it, "consent" from a 13-year-old in Florida doesn't count.  Even if her parents had approved of it or encouraged it, you could still be charged, tried and convicted of rape.

That's what statutory rape is.  It's what's called a 'strict liability' offense.  It doesn't matter how or why or under what circumstances you had sex with her, it's a crime.   She could look 25, have ID saying she's 25, lie to you the whole time about how old she is, and all that'll matter is that she's 13 and you're not.

This is exactly the sort of arrangement that Dateline NBC put on every week for a couple of years.  Did you not see those shows?Answer #8: Now that you don't have to give this child $2,000 a month, you can get a really good lawyer.


Title: [IL] Minor for 4 more years, can't afford LLC, want to ensure my proposed company name is 'safe'

Question:
Not me nor my parents are able to afford an LLC in my state and likely won't be able to for awhile. I am a hobbyist game developer who releases original games for free on sites like GameJolt, while collecting a miniscule amount of ad revenue which is deposited into my mother's PayPal account. I currently have title-screen text saying "by throwaway56983569683" for my released games. However I've thought of a very nice company name that I'm absolutely certain has not been taken yet, though it's very probable that it could be taken by a new indie studio within the next few years.

So since I can't form an actual company, I've thought maybe I could display a splash screen at the start of games released by me, saying "by Mycompanyname studios" or "by Mycompanyname games" or something like that (keep in mind I'm solo and still will be if/when I form an LLC under said name in the future). Am I even allowed to do that, and what would it entail, legally, if anything at all? If it's legal to do so without forming a company, then what would it entail legally *after* I've been doing so for a year or two (still not having formed a company)?

Besides this, is there anything else at all I can do to make sure that in the future I can use the name I'd like to?

Answer:
 So you can reserve a name for an LLC for 90 days for a $25 fee. I don't think that helps you much, though, because of the short time.

You can also file a D/B/A. The method and cost vary by county. This does not provide any liability protection (i.e. you're still a sole proprietor), but does give you a trade name. This is required to conduct business under a name other than your given name or a registered business name.

If you want better protection, registering a trademark is a good idea. Obviously more cost, though.


Title: Could i have been the infamous mcdonalds lady?

Question:
I was on my way to work and stopped at a Tim Hortons to get coffee and a donut. When the lady handed me the coffee, it was a poor exchange and the entire coffee spilled all over my lap. I was wearing thin clothing and was in so much pain that i dont remember the next 10-15 seconds at all. I then pulled into a parking spot in severe pain. I called off of work and went to the ER and was told i had 2nd degree or partial thickness burns all over my legs and genitalia. I ended up healing fine after about 3 weeks.

People told me i could sue Tim Hortons, but i never did. Do you think i couldve won this case? It happened about a year and half ago.

Answer:
 A huge part of the McDonalds case was that the their corporate policies for coffee temperature were found to be far too high which presented an unreasonable risk of injury. Moreover, McDonalds was shown to have known about this risk before the incident happened (from numerous customer complaints and injuries, around 700 if I'm remembering correctly) and they did absolutely nothing to prevent or remedy the problem.

Not sure if it applies to your case or not.Answer #2: The McDonald’s lady had a couple other factors.

She needed reconstructive surgery on her genitals. McDonald’s had also been brewing their coffee much hotter than other places and was found to be willfully negligent.

That doesn’t sound like the case here. You’ve also waited quite a time to raise a suit now.

Do you have lasting complications? Did you talk to an attorney at the time?


Title: My sister has cancer. She has a house that she owes roughly $175k on. A 14 year old daughter, 100k in the bank and about $75k in a 401k account. How can she receive state funded (Medicaid) without having to give up her money + House? (Washington State)

Question:
(I'm willing to buy her house to ensure that   my niece has a home to stay if my sister dies)

I was thinking to possibly have the $100k put in a trust for my sisters daughter, this way the 100k wouldn't be counted against my sister when the State went over her accounts.

Although i'm still not sure what else to do.
Can anyone help me?

Edit: Due to my sisters lapse in work, she no longer has an insurance plan.  She was working but due to the cancer, she can no longer work.

Answer:
 I believe that's called medicaid fraud. Such transfers are not likely to work, given the five-year look-back period for Medicaid eligibility.

Does she have a health insurance plan? If so, there are federal protections limiting individual expenses on eligible in-network medical services ($7150 per year). If not, she has until 1/31 to enroll on the marketplace for a plan to start by 2/1.


Title: [WA] Neighbor threatened my household with a restraining order

Question:
Location: Washington State

I live in an apartment complex. My household consists of me, my husband, and our roommate. All parties are listed on the lease.

This morning, my roommate and I returned from the store. After we exited my car, our next door neighbor who was outside asked for all of the names that were on our lease. When I asked why, he said he was filing a restraining order against us and he wanted the names on the lease. When I refused to answer, he said he’d get them from the apartment manager and went inside his apartment. I reported the incident to my leasing office verbally and in writing. The head manager will be contacting me on Monday.

This threat is entirely unexpected. We have had no conflicts. While I’m not really worried about an actual restraining order, I’m concerned this could escalate to harassment. I’m picking up a bound composition notebook to record any further interactions with this neighbor and the household has agreed to avoid him as much as possible.

My questions are:
Is there anything else I/my household can do to protect ourselves further?

How exactly would a restraining order work when you are next door neighbors at the same complex, assuming he managed to obtain a temporary restraining order?

Answer:
 I mean the cops will likely scoff at him and ignore him, a TRO doesn’t get issued without evidence as to why it’s being issued.

I’d document any interactions you have of him (boy not record, WA is two party consent) and contact the cops if he keeps harassing you.

If this actually got to an RO, depending on the terms, you’re not going to be able to keep living there. But that’s extremely highly unlikely.


Title: (Alberta Canada) third party manufacturer negligence led to me getting bronchitis from breathing in diesel vapours/fumes in an enclosed cab machine.

Question:
As the title says, I am an equipment operator and we have this one cab machine at work that I noticed diesel smells beginning of June.  It is a lease unit so I told my boss and he got them to come out and "fix" this.  Their fix involved tightening the metal clamps and using a ridiculous amount of silicone to cover the leaks.

After then trying to fix it for the second time, They took it away for three weeks and when we got it back all they fixed was the ac.  Never touched the diesel tube running through the enclosed cab.  I operated the machine after we got it back and was sick by noon and smelled diesel.  I was later diagnosed with bronchitis and missed work for two weeks.

A week later a co worker drove the machine and he had the same hacking wheezing cough and noticed diesel actually pouring out of the fuel gauge they "fixed" by tightening it too tight.  Waiting to hear from WCB but my co worker and I are worried about the long term health affects from breathing in diesel vapours this summer and last summer.  We do not have alot of faith in WCB or my employer to fight for us and think they will bury us to cover their own asses.  We have pics and video of the diesel fuel leaking and I have pics of a random contractors machine with a similar setup and theirs is wet inside from diesel.

Co worker talked to a lawyer friend and said we have to wait on wcb but our employer and the equipment manufacturer are big corporations and we are both afraid of losing our jobs and getting swept under the rug and forgotten about.  Please help!!!

Answer:
 In Alberta, the WCB assumes all liability for work-related injury; you can only go through WCB for compensation.

I am not sure what else you need to know, but I will try to help you if I can.


Title: Brother arrested outside of campus.. need advixe

Question: [deleted]

Answer:
 I doubt you are getting the whole story here. People don't generally go to jail for under age drinking.

He needs an attorney. Only his attorney can tell him how he should plea


Title: Went to arraignment and was denied request for a public defender?

Question:
So I have 2 charges on me right now, possession of marijuana and paraphernalia. I went to my arraignment alone since I cannot afford a lawyer and pay for college. When it came time for me to come up, I asked the lawyer if I could get a court appointed lawyer and he asked me rudely why I thought I deserved one. I didn't respond because I was taken aback and didn't really know how to answer. Before my case came up, I heard him suggest to another student to drop out since the student also said he can't afford one. I thought it was a right to have a lawyer if you can't afford one?

Edit: Sorry this is in Stillwater Oklahoma!

Answer:
 It's not quite that simple. If you truly have no resources yes, but most people who say they "can't afford" a lawyer mean that they would have to make major lifestyle changes to afford one.

You haven't said where you are, so it's difficult to give specific links.


Title: UPDATE: Mother tried to strangle me, cops, instead of arresting her, attempt to send me to a psychiatric ward instead

Question:
this is an update to [https://www.reddit.com/r/legaladvice/comments/dhg6f5/mother\_tried\_to\_strangle\_me\_cops\_instead\_of/?utm\_source=share&utm\_medium=web2x](https://www.reddit.com/r/legaladvice/comments/dhg6f5/mother_tried_to_strangle_me_cops_instead_of/?utm_source=share&utm_medium=web2x)

this is in Texas by the way

After the incident on saturday, the police have now filed assault charges against me, citing these few pieces of evidence:

\-Blood on the floor: This blood is actually mine, however the police took a picture and are claiming that it was my mother's blood after i beat her

\-Unreliable witness's testimony: This witness is my brother, who claimed that he saw me "beat my mother," when he didn't even end up witnessing the entire event. Furthermore, he's been known to be a chronic liar, and even my mother denied his testimony, saying that I did not lay hands on her.

\-Injuries on my mother: They are attempting to link me to some very minor scratches that they found on my mother, which I did not cause.

So what can I do? I didn't lay hands on her, in fact she had tried to strangle me.
Topic:
Criminal Law

Answer:
 You can get a criminal defense attorney.

If you cannot afford one, you can ask for the services of the public defender.


Title: Rent Increase

Question:
So I have been renting a single bedroom unit in Salt Lake City for nearly two years. I entered my lease via sublet in February, with the lease expiring on June 30th. The terms of my lease say that unless notice is given, the lease renews automatically. This means that my lease should have automatically renewed for the second time last Monday.

On July 5th, I received posted, written notice on my door stating to all tenants on month-to-month, or with leases expiring in July (neither actually apply to me) that rent was increasing from $650 to $725, or to give notice of a move in 7 days. I am not in a position to move (starting new job in 2 weeks, just bought a new car), and probably wont be for several months.

I know that many other units are already paying ~$725-750, but have been remodeled in some way.

Does my lease, which should have renewed already June 30th, grant me immunity from the notice posted on July 5th? My unit simply is not worth $725 as is. I believe this increase to be illegal for the following reasons:

From what I've read, written notice should be given within 30 days for all increases, and in some cases, increases over 10% may require 60 days notice. I do not believe there is provisioning within the lease that grants the landlord ability to raise rent mid-lease but will have to re-read to be absolutely certain.

This puts me in a difficult spot, since not paying the increase may cause the landlord to post eviction notice, which puts an eviction on record regardless of if I win or not, and damages my relationship with the landlord. Paying the increase may be seen as consenting to the increase. Any advice appreciated.

**Edit:** Thank you for the responses. Further review of lease terms shows that since the original lease expiration of June 30th, 2013 I have been on a monthly rental agreement. This means that, as u/pint_please has stated, due to UT law, a landlord is only required to provide 15 days notice of increase.
Topic:
Landlord Tenant Housing

Answer:
 Hi there, I'm not a lawyer but I am a landlord with several properties.

Most automatic renewal clauses create a **month-to-month** tenancy after the first lease expires. You need to review the automatic renewal clause in your lease to verify if what I said matches what your lease says.

If it does, then unfortunately you are in a weak position as the state of Utah only requires landlords give 15 days of notice before changing the rent or terms of a lease. Since you are technically on a month-to-month tenancy, your lease ends at the end of each month, allowing the landlord to make changes to your lease terms in the first two weeks of each month.

http://www.nolo.com/legal-encyclopedia/utah-notice-requirements-terminate-month-month-tenancy.html

Hope this helps.