Title: [SF, California] Pitbull attacked my teacup Yorkie at a public beach.

Question: So, this happened on the 26th of March(almost 3 weeks ago). I was at ocean beach with a few friends that knew a larger group of people on the beach, that had dogs off leash, one of them being a pitbull and the other two were a lab and a chihuahua. Those dogs all seemed to be getting along so I let my dog play with them, with the exception that I would be keeping a very close eye on my dog. About an hour later someone decided to hand my dog a piece of chicken and the pitbull ran over sniffed at my dog while my dog pulled his head away to continue eating his treat and the pitbull bit my dogs head and shook him for about one second before I ran over(I was about 5 feet away) and pushed the pitbull away. The damage was a deep abrasion under his right eye and a puncture on top of his head a little behind his left ear. The owner of the pitbull wasn't around and his ex-girlfriend was watching it. She took me to him, where he was sleeping in his Mercedes in the parking lot. I explained to him what happened and got his name and his number and told him I'm taking my dog to the vet. The vet bill ended up coming out to $165 and my dog is going to live. However, I've been texting the owner trying to get reimbursement for the vet bill but he keeps giving me excuses and pushing it off saying, "ill give you a call tomorrow." I've explained to him that if I do not receive payment I will have no other option than to file a police report and take him to small claims court. Now, I'm in a tight spot without a car and now behind rent because of the vet bill. He's been saying that he doesn't have a lot of money and his ex who was watching the dog doesn't either. I really don't want to sue him due to that fact that I live about 20 miles east of SF in Castro Valley, CA and I would have to go to the police station in SF to file a report (that's what dispatch told me on the phone when I called to inquire about the process of filing a report). My question is simply what is the best course of action I should take. My goal is to AT LEAST get the amount of the vet bill back but this has caused me so much grief and frustration that I don't know what to do at this point. Any advice or helpful tips is appreciated. Thanks for reading!

Answer:
 >someone decided to hand my dog a piece of chicken

Who was this someone? Because random people handing out food to unleashed dogs is basically a person setting everyone up for failure.

Second question: is it legal to have off leash dogs in this venue?

Look don't get me wrong: I feel extremely sorry for your dog. But I also know that I, as a responsible dog owner, would not let my dog off leash in this sort of situation. And that goes not just for you but everyone involved.

Edit: But basically, while I consider everyone at fault here, it's not up to me. Sue the guy in small claims. You might not be successful but you would have the opportunity to put your side and possibly get reimbursed.


Title: Bought costume online, trying to exchange and being given the roundabout

Question:
So I made some stupid decisions here, bear with me.

I purchased a costume for a convention in February.  I purchased it from an online retailer that seemed to be pretty legit.  They seemed to be a Chinese company but the address listed on their website is in Delaware.  They respond to emails in the middle of the night so at the very least their customer service must be in China.  Anyway, I went by the sizing chart available on the costume's page and got an extra large to be safe.  I wear a large in US size.  It arrived and was too small.  I emailed them to ask if I can exchange it for the XXXL.  They responded saying they don't have an XXXL, even though it said they did on their website.  So I said fine, I'll send the dress back and pay the $18.50 extra to have it custom-made (one of their options).

They responded saying the dress is completely out of stock and have removed it from their website.  Okay fine.  So I just sent them an email asking if I can just send it back for a refund.  I haven't yet heard back but I'm preparing myself for the worst.

To add another level to this problem, thanks to my stupidity... I got so excited when I got the outfit and all the accessories that I modified the headband before I tried on the dress.  It had like a lacy part on it that I cut off, which means I won't be able to return every piece as it came.  I only needed the dress exchanged as the other pieces are fine and I thought, since they talked about how great their policies and customer service was, that it wouldn't be a problem.  I know, I know.

My legal question is, can I dispute the charge with my bank if they keep giving me trouble or will that not fly since I did willingly make the purchase?  I used my debit card for the purchase unfortunately so I'll call my bank and see what they say but.

&#x200B;

Thanks for your help in advance

Answer:
 OP, congratulations on your purchase of an ill fitting costume from a Chinese drop shipper.

Find something to do with it, because you were never going to be able to return it even before you hacked parts of it before you tried it on to see it was too small.

You want customer service, buy from a reputable retailer. Ideally, one with physical store locations, not just a Delaware mailing address.


Title: Where to turn next due to blatant child abuse being ignored by social workers?

Question:
My family is bordering on an episode of Jerry Springer. So, my uncle has an affair on my aunt with a drug addict. Druggie gets pregnant, has a baby boy. My aunt stays with him during all of his and has come to love this little boy. They have been fighting for custody for seven years. The bio mom is still abusing drugs, and she is also abusing this little boy. She's burned him with cigarettes. She overdosed in front of him and when he told his dad, she beat him until he couldn't walk. This was all documented and showed to his social worker, and his teachers at school have seen his bruises and the burns. Nothing is being done, and the bio mom still has 100% custody. The father has marijuana charges from years ago that are being held against him, but he's clean and wants his son away from this woman.
I hear this all second hand from my mom, it's her sister and brother in law going through this. Where else should they turn if the system is failing them so incredibly? I'm not directly involved, and these people live about 70 miles from me, but if I do nothing when I could have, anything that happens to him will be on me, along with everyone else involved. Please help me.

Answer:
 > I hear this all second hand from my mom

That may be the source of the issue. I don't think you are getting the entire story here. If you are concerned about a child, and believe these accusations to be true, you should make a CPS report yourself. Answer #2: Is this a CPS social worker? With evidence of the sort you’ve described, it’s hard to imagine the child hasn’t been removed from his mother’s care. Answer #3: It sounds like you aren't getting the whole story. I'm not saying your aren't telling the truth. I can't believe they aren't doing anything with proven abuse.


Title: Model demands removal of their photos

Question:
This is in PA & NYC

My husband is a photographer and he took free pictures of a couple as a part of an organized (by my husband) styled shot. We were good friends with the couple and since the whole thing was just a general collab he never asked for model release.

Yesterday morning, my husband had a bit of a spat with the models (admittedly petty on both parts), the couple demanded we remove their photos from our social media/website.

To avoid further drama my husband will probably be compliant for the most part- but a couple of the pictures garnered quite a bit of popularity and have been featured in various bridal/couple websites.

We are not using the photos to sell a specific product, just as part of my husbands impressive portfolio. Are we legally obligated to remove the photos per the couples request?
Topic:
Intellectual Property

Answer: Absent an agreement to do so, your husband owns those pictures and can post them if he wants to.  Now if he falsely claims some sort of endorsement by the model that may be actionable but not "look at these pictures I took" so long as he did in fact take those pictures.


Title: Discovered an ex published some of my private medical information and lies about me. What is my legal course of action?

Question:
I'm not a public figure and live in Texas. From my understanding, the release of my private medical information would be a case of invasion of privacy. There is nothing in my medical history that is newsworthy in the slightest, but it is very damaging for me. There are also several lies, accusing me of domestic abuse for example, that I believe fall under defamation.

I'm not sure exactly how long this information has been out there. I'm looking for a new job and have had strangely little success. The few phone interviews I had never carried over to an in-person interview no matter how well they went. My online footprint has always been light (it's usually only my LinkedIn that comes up and I hide almost everything on FB) so it took a while for me to think about searching for myself. That's when I came across this information and found it was linked to my name, my location, pictures of me, my school, my most recent employer, and several social media sites.

I've already started expunging the information the best I can and spoke to someone who knows the ex who is most likely behind it because I have no direct contact with her. Even if I get everything removed and the Google search caches cleared, there is no guarantee she won't do it again and it's very likely there has already been damage done to my professional career and personal finances.

I'm reaching out to a lawyer that specializes in this, but I don't expect to hear back until tomorrow because of the holiday. If anyone could provide some insight in the meantime, I'd greatly appreciate it. I'm pretty distraught by this.

Answer: Defamation is hard to prove. Unless those companies are willing to testify that you didn’t get the job because of that, you’re not gonna have much luck.


Title: As a foreign national living in China, am I legally required to comply with China's underage video game time restrictions?

Question:
More details here:

I am a Canadian living in China, and due to my age (17), I am restricted to just two hours per day on video games that are run by Tencent in China (for example, League of Legends and PUBG Mobile). Their explanation is because they have to comply to some stupid Chinese law that restricts children from playing too much and/or spending their parents' money. There was a period of time that news about some kid using their parents' money on in game transactions popped up almost every day, and so the government took measures. What happens now is that if you wanted to play, you had to provide your photo ID, along with a photo of yourself and you holding your ID (to prove you're you), so they know your DOB and age.

&#x200B;

I had originally complied with providing my ID (didn't really have any choice, because to do anything in China, such as using Wechat Pay, which is basically the dominant payment method in China, you needed real name identification, to prevent fraud and whatnot). I had to use a special portal specifically for foreigners to submit my information.

&#x200B;

What ended up happening is that I am subject to a two hour restriction per day. This restriction applies to anyone over 13 but under 18. Yes, I know I'm only a year away, but it's really inconvenient, and in comparison to the freedom of whatever the fuck I wanted to play when I was back in NA, it sucks.

&#x200B;

Am I 100% absolutely required to comply to this restriction, or can I send a support ticket and maybe be able to get out of this (as I am a foreign national, not Chinese)? Are there certain laws (Chinese or Canadian) that I can use to my advantage? I know that because I live in China I should comply with its laws, but this seems so ridiculous and I'm wondering if I can somehow avoid it. I'm hoping that I can send a customer support ticket in, maybe quote some laws or whatnot and get my two hour restriction lifted now (as opposed to waiting another year)

&#x200B;

Perhaps the more general question is, How can I as a foreign national not be affected by certain policies enacted by China specifically for Chinese citizens?

Answer: The old saying is "when in Rome, do as the Romans do". Anytime you are in a country, you are expected to follow that country's laws. I live in a state where marijuana is legal. If I go to China and light a joint, I will be rightfully  arrested. The same is true for foreign visitors to Canada; they are expected to follow the laws of Canads while in Canada.


Title: My Sister is Blackmailing Me

Question:
Hi there, throwaway for obvious reasons. I'm in the UK.

My little sister who is a few years younger than me has been blackmailing me for the last 3-4 years into buying her cigarettes, drugs, food and paying for bills etc.

She's been threatening to tell our parents (who we both live with) that I've been having sex with her (which is completely untrue) but I don't want to get in trouble with them as I think they'd believe her over me.

She always gets in trouble and uses this to get me to cover for her or lie for her and I'm at my wits end. She's recently been threatened of getting kicked out by my parents after numerous arguments, dropping out of college and losing her part-time job as well as stealing from them.

This morning she told me that I've either to lie to my parents about the sex so she has an excuse for her actions or that she will phone the police and tell them.  I don't want to go to jail or lose my relationship with my family.

What the hell do I do?

Answer:
 Ummm, wow. I can tell you a few things that may help you out.

1. Get out of there. If you are above 18 you need to escape this environment. Your family is tremendously dysfunctional, and you do not need to be dragged down with it.
2. If you are accused, obviously never lie and say you did anything you did not do. Further, do not speak about it to anyone involved in the court system whatsoever without legal representation.
3. Find a counselor/therapist to help you through this. This is terribly messed up.

Other than that, you need to just wait and see what happens. Do not tell your parents that lie.
Answer #2: I'm not sure about wiretap laws in the uk, I would record her making these vailed threatsAnswer #3: I'm not sure on law in the UK but it would help to gather evidence. Perhaps you could text her and talk about it? That way you'll have the texts to show the police or your parents that she is coercing you to lie.


Title: Made a stupid mistake of purchasing something big with a friend and now hes reluctant to do anything with me.

Question: I stupidly decided to split three ways a boat with my supposed friend and another. Turns out the other decided to gift this friend his third and over the course of the year for repairs and other bullshit i've split the costs half and half for everything stupidly without knowing instead of 1/3 like I should have.  The friend now won't let me use the boat nor take anything from it as hes being a douche and claiming that it is his. He plans on selling it without giving me anything. What are my options? If any?

Answer: Depending on the value and your location, you can sue for your share of the proceeds from the sale in small claims or civil court.


Title: Got a DV charge.

Question:
I blew a fuse and broke some stuff in my home when me and my girlfriend got into it. Arizona.

Basically police too statement from girlfriend that I broke the door down and broke a space heater. They took pictures of my hands with the blood on them.

Any advice to get the city to drop charges?

Thanks:\)

Answer:
 Lawyer, now. You cannot tell the police to drop charges. The decision is not up to you. They will choose to pursue it or not.

Domestic violence charges can have a serious impact on your future career and housing prospects.


Title: Is it legal to to go in a forest that could be private property?

Question: So I like forests and I don’t know if it technically is one but it’s a tiny area of land that looks like a forest but everyone INSISTS that it’s private property and people are getting sued for walking in there but i find no proof that it’s privately owned, there’s no signs, nothing on the internet and there is a clear path. But let’s say it if private and I get sued, would I be able to win or would I be screwed?

Answer:
 Is there a sign saying it is public property? Is it a state park?

Just because there isnt a sign doesnt make it public property. If it isnt yours, and it doesnt have a sign saying it is open to the public, then stay off.


Title: Friend got a job that seems suspicious.

Question: A friend of mine got a job as a “personal assistant” online to “Colbert Lynch” for $300 a week for 10 hours of work. They reached out to her through her school email and it looked legit if too good to be true. She called me this morning saying she’d gotten a $3,000 check from them to buy office supplies for them and then return $2,500 via Cash App. That’s basically what she told me. We’re both a little young so we’re unsure about the situation but that it was really suspicious and she’s going to her bank to ask about the validity of the situation but we wanted to know if this is suspicious and what to do.

Answer:
 This is definitely fraud. The check will bounce.Answer #2: It’s a scam and a well known one.

She absolutely should not deposit the check. There is no job.Answer #3: This is a fake check and if your friend cashes it then it will bounce. They will then be on the hook for that moneyAnswer #4: it's a scam.  don't do anything with the check and block the person


Title: So I’ve been kicked out tonight and I’m trying to get my money from my parents who are refusing to give it, what are my options?

Question: So my family and I have had a rocky relationship for a while but tonight was the last straw. I’m 17 btw, and those $500 could help a lot until pay day but without it I’m probably fucked? Anyone know anything?

Answer: Are you in the US? If so, they can't legally kick you out at 17. But you can't force them to give you money, regardless if where you're located.


Title: Would registering an animal as an emotional support one prevent it from being forcibly removed? (Arizona)

Question:
I have a friend who is in an abusive household, and her mother is threatening to take her cat away from her. My friend is 21 years old, so I know she is of legal adult age. If she registers her cat as an emotional support animal, can her mother still forcibly remove the animal from the household?
Topic:
Custody Divorce and Family

Answer: Mom is not subject to federal rules regarding support animals.


Title: This sub has fascinated me for months. I'm recently retired and would like to see some live courtroom action. How can I find out when and where the interesting cases will be?

Question:
For example I'd like to see civil suits or criminal trials. I'd rather not sit in a courtroom to watch some kids get marriage licenses approved.

I'm in Suffolk County, MA. Their website wasn't much help.

P.S. Thanks to all of you for making this sub such a helpful, interesting, and entertaining place!

Answer:
 Go watch traffic court. Cases are disposed of very fast and the language is accessible to non-lawyers. Some cases are funny, others not so much.Answer #2: Interesting... Or entertaining?

Interesting, from a legal perspective the federal courts would probably be most interesting to me...

Entertaining... County misdemeanor courts can be quite so, especially when some knucklehead decides to do a table flip or something else brilliant.


Title: [California] My eye doctor billed my insurance for an annual eye exam and soft contact lens prescription. I did not have an annual exam yet and I don't even wear soft contacts.

Question:
I have worn ortho-K lenses my entire life, and last year, they began no longer working for me. I saw this eye doctor multiple times last year to adjust my prescription, and it didn't really work out. After the last try, I decided I would just switch to soft contact lenses and stop wearing Ortho-K.

If you aren't familiar with Ortho-K, it takes a while for eyes to adjust back to normal vision, so my doctor's office gave me a few sample lenses and told me to call back to schedule my annual after my vision returned to "normal" (about 4 weeks of wearing sample soft lenses). I got exactly five pairs of sample lenses, one in -1, -2, -3, -4, and -5. Not boxes of lenses, just individual lenses. None of these are my actual prescription. I have not had an annual exam. I did not even see the doctor when I went to pick these up from the sales counter.

Since this eye doctor hasn't been able to address most of my vision issues for the past year, I decided that now that my vision has returned to "normal", I would try setting up an appointment with my boyfriend's eye doctor instead. But when I called and gave them my insurance ID, they said that I have already been billed for my annual exam.

I called my insurance company, and while we were on the phone, the rep mentioned that I had already been billed for a year of contact lenses as well. He said they would call my doctor but if the doctor denied it, I don't really have any options?

I'm really lost on what to do now. I can't see clearly right now and I haven't even had my annual eye exam...

Answer: Contact the original doctor.  They may have billed you in error, which would be easy to correct.  Otherwise, work with your insurance, telling them that they fraudulently billed you.  They'll investigate further.


Title: I'm curious can a pharmacist deny me a medication because he saw in the system I'm pregnant?

Question: He said he wouldn't give it to me until he talked to my psychiatrist despite explaining that not only my psychiatrist knew, but I also consulted a perinatal psychiatrist one the matter. I know he's a little anal about being safe like no pharmacist I've ever encountered before, but I'd like to know if his action was legal.

Answer: It's absolutely legal. The pharmacist has a legal responsibility to verify medications in situations like these; if he didn't, both he and your doctor could be in a boatload of trouble if it affected your pregnancy. Answer #2: Totally legal. In fact, the pharmacist usually has a better understanding of the risks involved with a given medication and what medications don't work together than a doctor does. If a pharmacist is so worried about taking a particular medication while pregnant that he/she is contacting your doctor about it you should be worried too. If nothing else you should talk to a pharmacist about possible side effects that could harm your baby and think about talking to your doctor about different medication options. Answer #3: Absolutely.


Title: Does a new property owner inherit the rights of previous owner after a change in HOA rules?

Question: Fifteen years ago I built a 624 sq foot garage on my property in a remote wilderness area. The property is governed by an HOA. The HOA approved the garage and I have used it as an occasional weekend-retreat dwelling for the last 15 years, without objections from the HOA. However, about 10 years ago, the HOA instituted a requirement that structures less than 700 square feet can be used only as "temporary" living facilities, with no definition of "temporary" or "living facility".  If I wanted to market this property for sale, could the new owner presume that he/she could continue to use the garage as it was originally approved by the HOA and as I have used it for its entire existence despite this ex-post-facto and vaguely-defined newer rule about use only as "temporary living facility"?

Answer: what kind of "remote wilderness area" has an HOA?Answer #2: You say "despite this" but it seems your use is the exact sort of use that is allowed. Depending on what you originally got approval for, this new rule may only be a codification on a rule that was already in place which is why they originally approved your structure. I would talk to an attorney, but as long as you informed the new owner of the rule so they know they can't turn it into a permanent residence, I don't see a conflict here.


Title: Getting harassed by neighbour and her kids

Question:
So a little backstory here, my neighbor is in her late 20s and ever since she moved in I haven't paid her much attention due to the fact that she is white trash...  constantly blaring rap music and yelling at her kids all kinds of obscenities.

The other day a few of these kids were in our backyard swearing and woke up my gf so she went out there and told them to beat it and they told her to fuck off, etc.  The kids are like 11 and younger.. but then the mom comes out cussing and swearing at my gf and they exchange some words.

On the weekend my gfs daughter who is 8 and has some mental issues went outside to play with her friend who also lives in the neighbourhood and I hear my crazy bitch neighbor cussing at her as soon as she walked out the door.  I lost my shit and went out there and told her if she was gonna talk shit to an 8 year old she could talk shit to me.  She proceeded to tell me her "niggers" would be by later to handle me and all this other crap.

Anyways, fast forward a few days and literally anytime I leave my house to head to work, take out trash, anything this bitch starts yelling from her backyard or her windows all kinds of crazy shit.  I've been ignoring it for the most part but it's annoying as hell when I'm just trying to live my life here and any chance she gets she and her kids are harassing me, my gf and her little one.

I have hesitated on contacting police as I know she's the type that would just start calling me cop caller or something else instead..  anyone have any legal advice or any options on what I could do?  I've thought about video taping from my phone every time I go outside but it's kind of obvious and could escalate the situation..  I'm open to anything though, any advice is much appreciated..  thanks.

Edit: Sorry guys, forgot to add I'm in Ontario, Canada.

Answer:
 >anyone have any legal advice or any options on what I could do?

Well, if you don't call the cops, nothing from a criminal standpoint will happen. You'll want to file a report and possibly petition for a no-contact order against the neighbor. Alternatively, you can also speak to a civil attorney about issuing the neighbor a cease and desist.Answer #2: Why the hell don't you want to call the cops. Situations like these are precisely why we have cops. Call them. Install security cameras in the likely event she vandalizes your property.


Title: Bank wont refund stolen money

Question: [deleted]

Answer:
 > The dispute was denied, and I was told to file a police report. How can the bank cancel my card for fraud, then say no fraud occurred?

They didn't say the fraud didn't occur, they just said to file a police report, which is standard procedure in these cases. You don't have to go to court, there almost certainly be no court, you just need the dang police report.


Title: Eye Shop made wrong glasses

Question:
Hi,
My 5yr old had a prescription and the eye shop got wrong lenses made for him. He was advices not to wear prism glasses as his eyes were not adapting to it on the prescription and still they made prism. They also interchanged his numbers. What are my legal options - he wore the glasses for 3 months and we just came to know today when we took him to the doctor.

I am California, USA

Thanks a ton

Answer: Before you begin exploring your legal options, contact the shop and see if they'll either refund you or replace the product. I imagine you don't really have any damages other than the price of the glasses, so legal options aren't your best options here probably.


Title: Might be in a little hot water... Someone tell me if this is illegal?

Question:
So I did something really stupid tonight, I went up I a random woman in a gas station parking lot and filmed her without saying anything, to see what kind of a reaction it would get, a la Surveillance Camera Man. It was really dumb and in hindsight I shouldn't have done it. She said that she got my licence plate number (it was my friends car, he was driving) and was going to charge me. I read up about this, and all the answers I got were very general. Legally, could I get arrested for MY EXACT SCENARIO? Or could I get any sort of punishment? Thank you for taking the time to read and answer this!!!
Topic:
Other Civil Matters

Answer: Illegal? Unlikely. People have no expectation of privacy in public.  It is, however, very obnoxious and a good way to get a swift kick to the nuts. My legal advice would be to stop being a tool, otherwise you will eventually end up in court over something stupid you did.


Title: Serving an eviction notice to deceased mother's boyfriend?

Question:
My mother passed away on Friday, and her boyfriend (unmarried, no legal partnership) lives there. He has always known that once the children inherit the house, he's gone, and he seems to be making arrangements to leave, but I would like to give an official eviction ASAP nonetheless, as when we went over there today to gather some items, he was being passively-aggressive and obstructionist. She had no will, but we have witnesses besides ourselves proving she intended the house to go to us. As her only inheritors, my sister and I both want him gone, but we have yet to get the deed in our name officially (we're meeting with a property lawyer soon to figure all that out). So, I was wondering if, since my official address is still that property, and I am the next-of-kin, would I be able to serve a 30-day notice to her boyfriend before the deed is transferred?

If not, is there another way to go about taking care of him (legally, I don't think I'm on the right website to hire hitmen...)?

Also, if there is anything I need to know about getting the deed transferred, or about paying the back-taxes (about 20k), I would appreciate *any* help/advice anyone can give.

Location: Licking County, Ohio (will provide city if needed, through private message)

Answer:
 > So, I was wondering if, since my official address is still that property, and I am the next-of-kin, would I be able to serve a 30-day notice to her boyfriend before the deed is transferred?

No.  You can informally ask him to leave if you want, but you have 0 rights as landlord until you're actually the owner of the house


Title: [OR] I had a small accident. I took full fault. Now I'm being sued for an ungodly amount.

Question: [deleted]

Answer:
 1. Calm down.

2. Non-economic damages for loss of enjoyment of life? Give me a break. You know she has to prove this shit before she gets paid anything, right?

3. Pass this along to your insurance company. That's why you have liability insurance. Insurance pays for your lawyer. Answer #2: Your insurance company should be providing you with a lawyer. Although they are suing you, they are really suing your insurance company. You can't get blood from a turnip. They know that they can't collect against you. They have to sue you because you're the person in the accident. But it's really the insurance company's money that they want.
Answer #3: This subreddit has nothing but good news for you. You did everything well, and you should not get your paranoia get the best of you.

Keep in touch with your insurance company, and by the sounds of it, everything should come out in your favor.


Title: (Michigan) My boss wants to charge us receptionists for client no-shows.

Question:
I work in an appointment-based industry. I'm a receptionist. When we book appointments, we inform clients of the cancellation fee if they don't give us 24-hours notice and we put credit card numbers on file so we can enforce the cancellation fee. Our appointment software does verify that the card number is legitimate (in that it is either a correct Visa, MC, Disc., etc. card) but it doesn't verify that the card works or has funds in it.

My boss now wants the receptionists to pay for appointments they've booked if they client doesn't show up and their CC on file declines or won't go through. This doesn't seem fair to me. If I have done my job in securing a credit card, how am I responsible if that person doesn't have money in their account?

I know Michigan is an at-will state and I will be looking at other jobs. I just want to make sure she can't dock my paycheck $25 each time a client doesn't show up and we can't charge them.

Answer:
 That would not be an allowable deduction from wages without your written consent. You can be fired if you have too many no-shows of course, even if not your fault. In that case you could file for unemployment.

http://www.employmentlawhandbook.com/wage-payment-laws/state-wage-payment-laws/michigan/#6

http://www.michigan.gov/lara/0,4601,7-154-61256_11407_59886_27856-39062--,00.htmlAnswer #2: They can't deduct it from your paycheck. If they insist on charging people fees for no shows they will have to change how they do it or accept the declines. They could have you charge the card and then refund it at the appointment (people won't like that) or insist the fee be paid in full before they are serviced at their next appointment (reasonable but ugly for you to handle). Answer #3: Are you a w2 worker?  Are you paid by the number of appointments set, by the hour, or a salary?


Title: Is it illegal for a guy who is 18 to take his girlfriend who is 16 from North Dakota to Manitoba so they can have sex? (because the age of consent is 18 in North Dakota and only 16 in Canada)

Question: I'm not dumb enough go do something like this and I live in Ontario anyway so the age of consent is 16 here and also I only date people my own age. My cousin lives in North Dakota and so does his girlfriend. He's 18 but she is only 16. He took her to our grandparents house in Manitoba a bunch of times because he didn't want to get charged where he lives. Somehow the cops found out. Him and my other cousin say that he didn't do anything illegal but I think they are wrong.

Answer:
 >  but I think they are wrong.

You're correct.


Title: (tx) Primary custodian to my child is asking for info on roommates and other personal home matters

Question:
my daughters grandma (primary) is wanting to know about my roommate situation and about my job changes to my hours and other personal things. she says they all have to do with my daughter and she has a right to know.

i had to rent out our second room after i lost the custody case to keep a roof over my familys head until the lease is over. my job has helped me by giving me more hours that take up more of my day. as busy as i am, my responses to the grandmas texts are not as immediate as she would like and she blames it on my fiance saying im consulting with her on all my decisions and responses. she wants to hold a meeting to talk about my daughters feelings but im assuming she wants to just know more of my home life (which is safe for my kids) but ive known this woman for years and she will nitpick and demand changes to my home and base them on my daughters well being. she will not like the roommate changes (roommates are females) and more likely call my complex to alert them of the situation since we split the rent and they're not on the lease. does she have any legal stand to know all this and demand changes to my home?

edit1: we're joint managing conservators with grandma having exclusive right to primary residence and med/edu/dent decisions.

Edit2: it says i have to inform her if i reside with sex offenders or "a person who is the subject of a final protective order"??? in which case my roommates are not sex offenders but im not sure what that other one means.

Answer: If she has primary custody and visitation is at her discretion, then she has a right and obligation to know where she is sending the child she is responsible for.


Title: [CA] Roommate mad about less than 24-hour notice to show room

Question:
Dealing with a roommate (P) who's been throwing tantrums since she gave her 30 days notice. This is the second time she's accused us (partner and I) of illegal behavior (first time was definitely without cause), so wondering whether we should be worried about this. She's a subtenant -- my partner and I are master tenants.

We've shown her room twice and yesterday found a replacement. Both times we were probably in her room all of 30 seconds. The first time we provided 24 hours notice. Yesterday's viewing was planned last minute, so my partner talked with P fifteen minutes beforehand and definitely couched it in an, is it okay? As in, if it's not, we won't show it. P said yes.

Now she's sent us a text saying it was rude and disrespectful, and illegal. I fully admit that we should have provided her with full notice. We've apologized. But given that she approved the viewing, does she have a legal claim for saying it was illegal?

Answer:
 The don't worry about it in your situation is at least 3 layers deep.

First:  A single unlawful entry doesn't create a presumption of damages or a real threat to the covenant of quiet enjoyment.  Big whoop if it was illegal.

Second: CA requires reasonable notice.  24 hours is just a guideline, kinda like a "presumptively good enough" thing.  Less than 24 hours is quite often reasonable depending on circumstances.

Third: She consented anyway.  She may find it rude and disrespectful, but by consenting she failed to protect whatever she thinks was violated.

And ultimately, the law requires *notice*.  It does not require consent.


Title: Building manager threatened me with a baseball bat over noise complaint. What do I do? (x-post from r/Advice)

Question:
So, I threw a going away party for my good friend. I live in a small apartment building, maybe 16 apartments all facing a courtyard. I left notes on everyones door saying we will be throwing a party, if you have a noise complaint call me and feel free to stop by for a drink. This was on a Saturday night.

I get a text from my landlord saying " AT 10PM THE DECIBALS MUST BE LOWERED". The music wasn't loud and the party wasn't too loud either but people were talking. It was 10pm on a Saturday night. I responded to him saying "Okay, I'll make sure it's lowered. I haven't gotten complaints from any of the neighbors."

At 11:30 a violent knock on my front door. Wood on wood. Everyone freezes. I go outside and there he is leaning at me with a Louisville Slugger pointed at my face. His eyes were just pure rage. "I TOLD YOU KEEP THE NOISE DOWN". I told him to get the bat out of my face. I'm extremely nice to this guy all the time, and most days he seems pretty cool, but this was a Dr. Jekyll / Mr. Hyde moment. I heard he has mood swings and alcohol MAY be involved, but I was legitimately scared for my safety. Especially when he said "If I have to hit someone over the head with this I will". (referring to the bat). I informed him thats a threat and he called me a fucking asshole, and other expletives. "What are you gonna do, call the cops?! Fine, call the fuckin cops you prick!"

So, I called the cops and told them what happened. They said if he didn't personally threaten me theres nothing they can do. I have no idea how what I told them didnt seem like enough to warrant aggravated assault. They knocked on my managers door but he didn't answer.

I had 3 neighbors over, who are older, sensible people. They said the noise wasn't a problem and the manager was way out of line. They have issues with him too. Some offered to provide statements if need be.

The issue is unresolved right now. I got the # for management, the actual landlords who live off the property, but i heard they are pieces of shit as well and tell their building managers to be rude to the tenants. Which seems illegal itself.....

Any insight on what I should do from here on out? I heard i could try getting a restraining order. It's one thing to be physically threatened, but he seems way unstable and I dont feel safe living in my small apartment complex with him. Another neighbor told me he once shot BB guns at kids in the alley for making noise as well.

Answer: You already told the police and they didn't think there was enough to do anything. You are unlikely to get a restraining order over a single incident. You should probably not renew your lease.


Title: In an accident. Offending driver was police officer's son

Question:
The accident occurred at an intersection in my town on Wedneday shortly after 6:00 PM. I was traveling west on the highway. I had a solid green light and noticed that the crosswalk countdown on my right was at 5. A vehicle traveling east on the same highway attempted to make a left onto the cross street in front of me. As a result of how close I was to the intersection, I slammed on my brakes and tried to swerve to my left in an attempt to avoid a collision. My attempt was unsuccessful and I collided with the other vehicle. The police were called and he told the police that he had a green arrow. The police believed him and are currently holding me responsible for the accident. No witnesses stuck around to give a statement to the police. The other party was the high school student of one of the police officers in the town. His father was not a responding officer but was present on the scene.

This was in NJ. Is there any way to get this corrected? I don't want to be held responsible for an accident that was not my fault.

Answer: If you weren't cited then it doesn't matter who the cops think was at fault. Your insurance company will make their own determination.Answer #2:  For the future, always have a dash camera.


Title: Class 4 Drug Charge. N.C.

Question: [deleted]

Answer: You can't prevent the school from letting the student back in. If the school wants to let him back in it will and you should mind your own business.


Title: [NC] Work twelve hour overnight shifts alone, not allowed to leave the building. Is that legal?

Question:
Hello - I work overnight shifts - twelve to fourteen hours - for a defense company. The role is similar to a sysadmin. There's not much really that goes on, and thus I have plenty of free time but on the off-chance that something goes wrong or someone calls in, I need to be there to respond.

Due to being the only person in the building, my boss requires that I stay in the building.

Is this legal?

Usually I bring food and eat there (without taking any sort of break) but it'd be nice to take a 30 minute break and get some food from outside. Or at least walk around the building.
Topic:
Employment Law

Answer:
 NC has no lunch break requirement for adults. http://www.nclabor.com/wh/fact%20sheets/breaks.htm

Given that you have plenty of free time to eat and take breaks, you should probably just enjoy that you are being paid for the entire shift. Sounds like a good gig! Answer #2: Do you get paid for the whole time?Answer #3: Many jobs are like this. Airline pilot, bus driver, nurse, etc. For one reason or another, these people cannot leave their worksite. In some cases, such as for the nurse, it's illegal to leave without being properly relieved from duty.

Not trying to say it doesn't suck. I can be boring at best, and at worst, you may be unavailable during a family emergency.

As long as they're properly paying you, though, it sounds above board.


Title: Uncle with Parkinson's and pacemaker admitted to hospital 21 hours ago after he vomited and collapsed. Doctors are doing nothing. Can we do anything to compel the hospital to actually treat him? Can we call the police?

Question: [deleted]

Answer: What do you expect police to do? Write them a ticket?


Title: CA- landord charging me $350 for a leak inspection bc downstairs toilet was running?

Question:
They are saying we are being charged because we didn't report the issue. I did report it at the beginning of this year and its only ran 2 times this year but we shut off the water valve when it did this last time since we have two toilets. In the lease it says, "Tenant shall be charged for repair of drain blockage or stoppages unless cause by defective plumbing or tree roots invading sewer lines."

You might be asking why I didn't call up on the issue the second time it happened.

=First month moving in water heater died and it took them 5 days to come into the apartment and change it.

=Had to come over 3 times to fix the caulking on the doors. There is still a lot of light that shines through the doors because it still wasn't put on correctly.

=Had to fight tooth and nail to get them to send an actual electrician over since the power went out in half the rooms and they got a now ex-maintenance guy to tinker with the fuse box which fixed the problem but made the fuse box hot to the touch. (the maintenance guy took 2 days coming in with his children in tow)

=It took 6 months for them to fix my ac that was broken during our 110F summer. I called them about every day and emailed them until I threatened to not pay rent and buy an AC for the unit did they send someone over.

=honesty I know there’s more issues where I had to wait weeks or just dropped it entirely because they ignored my calls and emails (if I go to small claims court I will definitely do more intensive research of every single issue I had with this apartment and their wait times).

As well as a lot of other sketchy stuff like jumping our backyards without notice to put water pressure valves, tearing apart all the fences in the front yard without warning and leaving all the wood filled with nails in a pile in our front yard, telling no one when my neighbor’s apartment was flooded and the whole upstairs had to be gutted. This place is just falling apart there’s holes in the base boards on all the upstairs apartments and old water damage with bubbles ceilings that they said wasn’t an issue.

They have ignored so many calls and emails for maintenance work over the past 3 years that I don’t think its right that I have to hold their hand the whole time or be held liable. The accountant decided to shred my check and try to do an ach withdrawal even though I told her I canceled the ach payments and I was charged $91 late fee last month and I payed it because I didn’t want to deal with drama before moving out. (roommate staying I’m leaving). I’m just wondering if I have a chance at winning if they take me to small claims court. As of December 31 I should be off the lease and the new roommate will sign a new lease (they’re keeping my portion of the deposit but I will not be held liable of the property).

I have the paperwork with my landlord saying that I will be off and gone as of December 31… Does that mean anything? I want to tell her she can take that bill out of my deposit (Since I know I’m never going to see it again).

Thank you for any advice it is greatly appreciated.

Answer: I think your best argument is that a running toilet is not a “drain blockage or stoppage” (usually it’s an issue with the hardware in the toilet tank) and you are not responsible for those costs under the plain language of the lease.


Title: What is considered price gouging?

Question: My parents have a house keeper that they are paying to stay home. They figure she’s family. So she lives in a not so nice area of town. She went to the store (not sure which one) for eggs and they cost $10. She was not going to pay that. I live next to Whole Foods and the egg laid by golden chicks are 8 and regular eggs are $3.99. I understand we live with capitalism but I can’t help to think that that selling eggs for $10 in an area where people don’t have many choices is taking advantage of this situation we’re in. Is there anything that can be done? And I bought her eggs because I could so she’s fine for now.

Answer:
 I think an important question here is: how much were they selling eggs for pre-covid? I’ve seen ridiculous prices for things at convenience stores or corner markets, but the prices are ridiculous all the time, not because of covid.Answer #2: I can only speak for Arkansas but the legal definition here is that the price of goods or services can't be more than 10% higher than pre-disaster prices unless the business can prove the costs to provide the good or service has risen.

For instance, gas prices cannot go up more than 10% unless the wholesale price of gas goes up. A carpenter might be able to charge more in an area where there is no electricity after a disaster because he has to pay for a generator rental and fuel.


Title: Can someone contribute skill to a LLC in exchange for ownership?

Question:
A friend and I are planning to establish a LLC in Florida. He would be the partner contributing almost 100% of the capital investment and I would be a partner contributing skills and labor without which the LLC wouldn't be possible.

We both agree that my non-cash contribution is worth 50% to the company and we put it in written in the operational agreement. Legally speaking, is it possible to have 50% of ownership and profits without a 50% capital investment?

Could he later be able to override that by any legal means in case of a dispute? (maybe alleging that the value of my contribution was not enough to be considered 50%)?

Thank you for any help that you guys can give me.

Answer:
 Trust me on this -- go get a lawyer to draft the operating agreement for you. Do not do this on your own. While you can provide services in lieu of cash/capital, there are a lot of issues that arise when you provide services for ownership interest, none of which anyone here should be providing you any advice on.

Additionally, LLC operating agreements are not simple to draft; you have already hit one potential serious issue. There are a ton more. I make a lot of money helping clients work through the issues they create when they do their own operating agreements.


Title: "karma" is a religious term and I feel I am forced to use it as a blessing

Question: [removed]

Answer: LOL, no.  Feel free to quit Reddit and raise the average IQ.Answer #2: No, but given your inability to understand metaphor, you might have an ADA claim.


Title: [Oregon] Security Deposit over 6 years ago. New property owners are asking us to pay it (again).

Question:
They keep selling and reselling the property, at some point the information showing that we paid the security deposit was lost, which when we found out we just thought "well that sucks, would've liked that back eventually" because we don't plan on moving any time soon, so we didn't really make a fuss about it other than trying to contact the original owners (we couldn't).

But now, yet another new owner, and they are asking us to pay it. It's due date is dated around 6.5 years ago.

I looked up statute of limitations, and pretty much everything ends at 6 years in Oregon. But that just stops them from suing us for it.

Can they kick us out for not paying it (again)? The previous owners, of which was when we found out the documentation was lost, didn't ask us to pay it (again).

I can't remember exactly, but I think we've gone through 3 or 4 different owners since the original lady that owned the property. Really seems like some kind of scheme the way they keep reselling it so often.

Answer:
 Don't "oh well" almost $900, friend. You have documentation that you paid it; if the current owners of your building somehow didn't get the money in one of these transfers of property, that's their problem. Because what they *did* unambiguously purchase was a contractual obligation to refund you $850 when you move out, less any damages to the premises.

They didn't "lose your deposit." They lost $850 of their own money, which doesn't change what they owe you when you move out. Answer #2: > we just thought "well that sucks, would've liked that back eventually"

You still get it back.  As long as you have proof you paid it, you get it back.

>But now, yet another new owner, and they are asking us to pay it.

They may be asking you to pay *another* deposit (which you won't have to do until your lease is up, anyway) but they would still owe you that money PLUS the other deposit you've already paid.


Title: Fell for a scam and lied about it, now I can't get an account with my old bank ever again M17/NY

Question:
Okay this one is a doozy. Also not sure if this is the correct sub to ask, but my friends recommended I come here.

tl;dr A man attempted a fake check scam on me, I couldn't get him the money and when he disappeared I thought that was the end of it. I lied to my parents about what happened and now because I deposited a phony check I can't use my old bank ever again. Please, any advice here.

Okay so let's just get into it. I am seventeen years old and live in New York State. I was hanging out waiting for a friend a few weeks ago when a man walks up to me clad in a (insert mobile provider of your choice here) uniform. He strikes up a conversation then asks me to help him out. Here's the story as he told it nearly verbatim.

"Hey, my account is overdrafted and I can't deposit my pay. Could you help me out,deposit the check and take out the cash? I'll even give you some for your time."

So I'll spare the details of the interaction, but I end up not being able to take the cash out because as I would become painfully aware it takes a few days for a check to go through. Now before anyone asks, both of my previous employers used direct deposit so I was used to getting my pay immediately. I haven't deposited a check in years. It's a dumb thing to forget, but it's important in explaining my reaction.

I simply tell the man I can't take the check out and he, visibly annoyed, leaves while apologizing for wasting my time. I just ignore the interaction and upon coming home don't mention it to my father or his girlfriend because I thought it would just make me look stupid.

A few days pass and the check clears. There is nearly a thousand dollars in there that wasn't there before. I quickly put two and two together but play dumb when confronted about it. Now I'm in over my head because I've lied to my dad and if he finds out I lied then it's a whole new issue with him. So we get on the phone with (insert bank) and I (stupidly) continue to play dumb. So they just decide to send me a new debit card, tell me to change my pin, and I think I can move on with my life. But when the card arrives a few days later, I can't activate it.

I try to activate it on my end but even though my debit card is in my name I can't call support without my dad because he's the one that opened the account. So after a while of dealing with them, they blacklist my SSN and close my account. As it stands, I can never open an account with my old bank ever again. Is there anything I can do to reverse this? Do I have any legal standing to? I'm afraid this whole thing will mess up my credit and dealings with banks for the rest of my life.

(And for those of you scrolling through casting moral judgement on me for lying, you'll be pleased to know I fessed up and I'm now grounded until I move out for college)

Answer: No, a bank has no obligation to do business with you. You will have to simply move on and go to a different bank and hope that this bank doesn't share that info.Answer #2: The bank is under no obligation to do business with you.  You could try going to a different bank.  You might have to shop around.  Banks sometimes share information about things like this.


Title: [Iowa] Saw someone I think might be on the run? Should I contact the police?

Question:
I was at work today and I had a customer that I thought looked like my sisters "baby daddy". I haven't seen him in 4+ years and he's been in jail for at least two if I remember correctly, so I wasn't sure it was him.

I could have sworn this guy was him but I kept telling myself he was in jail and it couldn't be him. But I called my sister a little while later and she told me that he was out and he was supposed to be in a halfway house. She'd just found out earlier that day from his mother. His mother had taken him from the prison to the halfway house about a month ago but then hadn't heard from him since.

The halfway house he should have been at is 1.5-2 hours away from where we live, so he REALLY shouldn't have been in the area. Let alone at the store I work.

By the time all of this information got brought together and whatnot it was already 11pm-12ish where we live. Should I contact the police tomorrow and let them know? Are they going to take me seriously even though it happened last night and I'm not 100% sure he's even doing something illegal? My sister is now scared that he'll try and take the kids because she never ended up getting a legally binding custody arraignment.

Answer: It's always better to call and give useless information than assume useful information is useless and *not* call.


Title: Why is it illegal to keep body parts in jars even if they're your own?

Question: [deleted]

Answer: Because it's considered medical waste and that can be hazardous to people's health, so we've written laws about how to properly dispose of it.


Title: Landlord renting out structures on the property we rent to suspicious characters; may be trying to lead city into believing we are subletting - in Oregon, USA.

Question:
Sorry for the confusing title. Basically, we live in a house on a 2 acre property in the Portland area of Oregon (though not actually in Portland). Our lease is only for the house and the patio attached to the back. There are 5 other structures on the property, none of which were occupied when we began our lease. The structures vary in size, but none of them meet our city/state's habitability rules (no plumbing, no heat, etc). Our landlord has began to rent out 3 of the structures and has indicated that she plans on renting all of them out for people to live in. So far there are 3 men who are living in 3 of the outbuildings. As far as we know they are literally shitting in a hole somewhere on the property because there are no toilets in their buildings (let alone heat, running water, etc).

They have to use the gate that is right next to our front door. 2 of these 3 men seem like they have active drug problems and at this point, at the very least, we're concerned about a break in.

Last week the city was at the property with our landlord. She keeps a car on the front of the property, and the city was trying to convince her to move it. While she was out there, one of the men living in one of the buildings came out and the city official asked her who that was. She stated that her tenants are subletting and she wasn't too sure where that man was staying.

I don't really know what to do here. We could give notice to move out, but we'll most likely have to take her to court for our security deposit (different story) and both myself and my roommate need a few months to save up some extra money if we do decide to move.

Is there anything we can do in the meantime? We've told our landlord that we feel uncomfortable with the presence of the other men on the property, but she keeps saying she'd have to raise our rent to cover the mortgage if she wasn't renting to them.

Should we contact the city regarding us "subletting" the units? I overheard this conversation from my back patio, so I'm not sure exactly what was said. The last thing we want is the city investigating us for renting out uninhabitable spaces, but I suppose that could be cleared up with us showing a copy of our lease.

Answer:
> but she keeps saying she'd have to raise our rent to cover the mortgage if she wasn't renting to them.

 Is your lease a year long lease? If yes, then throw this out.

 Report your LL to code enforcement, ~~Google the number~~: Maybe I found what you need https://www.portlandoregon.gov/bds/34180.


Title: [VA] Employee w/o papers gets ICE called on her... now what?

Question: [deleted]

Answer:
 It won't happen overight but any of those things could happen. The business could also be fined and have their records scoured for other employees they hired that they should not have.

>  does ICE really give that big of a fuck

Well that that is one of their core missions so I would say yes.


Title: Hospital used info obtained from assistance application to collect old debt - help! NY

Question:
Hello,

I am a first time poster, and very upset, so please excuse any formatting issues.

First, some backstory. In 2005 I required spinal surgery as my spinal cord was being impinged (crushed) by a herniated disc and bone spurs. I had Cigna insurance at the time and they paid approximately $14,000 to the hospital where the surgery took place. TWO YEARS later, I received notification from the hospital that I "owed" them an additional $10,000 + and that they were suing me. I did not go to the hearing as I had no information to prove I didn't owe it (I know, big mistake) and the hospital won the case.

Last fall, I was hospitalized for a heart issue under a different insurance company. The outstanding bill was just over $2000 (which I cannot afford), so I applied for financial assistance. The application included my employer, copies of my paystubs, etc. I was approved for a reduction of 67% and set up a payment arrangement, which I have been paying on.

Today, the mailman delivered a registered letter informing me that I am now under an income execution order for a total of over $19,000 from that old judgment. I am distraught - no idea what to do... This is well over half of what I make in an entire year and I have a child to support.

It's obvious that they had to have gotten all of my information from my assistance application (how else would they know EXACTLY what I made?) which absolutely disgusts and enrages me (hello, I couldn't pay the 2K!) but now I don't know what to do.

Should I file bankruptcy? (I have NOT had any late payments on anything in a couple of years and REALLY don't want to do this!.) Should I fight the order somehow? PLEASE HELP.

Answer:
 > It's obvious that they had to have gotten all of my information from my assistance application (how else would they know EXACTLY what I made?) which absolutely disgusts and enrages me (hello, I couldn't pay the 2K!) but now I don't know what to do.

Why does it disgust and enrage you? It shouldn't come as a shock to you that they want to collect the money you owe them.


Title: What's the best method to get not-guilty on a speeding ticket?

Question:
I live in California, and I have court today for a speeding ticket. At the first hearing, I pleaded not guilty to take my chances on the cop not showing up. If the cop does show up however, is there anything I can say to get away with it? I was thinking on Saying my sandal got caught on the accelerator, and it accelerated in getting it out. Any advice?
Topic:
Traffic and Parking

Answer:
 >  I was thinking on Saying my sandal got caught on the accelerator, and it accelerated in getting it out.

You mean lie?  Don't lie.  Lying under oath is a worse crime than speeding.


Title: Brother is harassing me over something he gave me over 10 years ago.

Question: [deleted]

Answer: He gifted it to you. You gave it to your ex. Your ex abandoned it. Your brother has no claim to it. IANAL.


Title: Selling free food? (FL)

Question: I’ve recently found an exploit in an online food delivery service allowing me to create accounts that have large amounts ($100+) of free order credit.  I am interested in possibly selling these accounts at low prices, but I am not totally certain of the legality of it.  From the website’s terms of service, nothing really seems to relate to this situation, and I think the worst that could come of it is banning the exploited accounts.  First and most obvious question: Is this legal?  Can we face legal repercussions for doing this?  Also, is it better to do the sales in person and in cash, or would online sales be preferable for finding a customer base?  I will do my best to clarify any questions in the comments.  Any advice you can provide would be appreciated.

Answer:
 So you want to hack into the food delivery site, steal credits and resell them?

What could possibly go wrong with that plan? /s


Title: [India] Heart Valve Replacement lead to hemorrhage and now completely bed ridden

Question:
Hi legal advice, posting here cos needed advice regards to my uncle. He was 65, had arrhythmia and got his valve replaced with a metal one at one of the big hospitals in the country. few months later, he suffered a hemorrhage (might be he hadn't taken his heparin dose correctly) and has lost all mobility after a hemorrhage in his brain. Aunt says no one told them abt the different pros and cons of getting the metal valve, tissue valve and the operation itself and it does not look like my uncle was consulted.

Is there a case here?

Answer:
 I'm sorry about your uncle. I suspect that there is no one posting to this reddit who know anything about medical malpractice suits in India (which I assume you are considering). I'll say this though, if there is any suspicion that he might have not taking his medication appropriately, a suit probably wouldn't be successful. And any heart valve replacement carries the risk of a clot or hemorrhage.

You should probably consult with a specialist personal injury lawyer in India to see if you have potentially got a case. Unless metal valves are known to have this specific risk, I think you'll probably be out of luck. But I'm sorry for your uncle and aunt.


Title: [PA] Advice an AntiFa site is claiming publicly claims of Sexual & Phyisical assault without any police charge. Is there a defamation of character suit?

Question: My friend is basically being harassed by a website run by a former significant other and it's now affecting job opportunities. What exactly is the procedure to handle this in a court of law,  I don't want to post a direct link to move it up Google rankings. What is the most cost effective way to send a Cease and desist or get a lawyer to win Open and shit defematation case?

Answer: There's rarely an "open and shut" defamation case.  Just because there's no police charge doesn't mean a sexual assault couldn't have occurred. When you bring a suit, the burden of proof is on you. In a defamation case, you have to prove the defendant is lying. The absence of proof does not mean the absence of truth.


Title: California- Threat with a deadly weapon on my property.

Question:
**Background**

I'm going to try to make a lengthy story as short as possible so please bear with me. I recently had a party at my house that resulted in a major scene on my drive way at 2AM. To begin let me introduce you to the major players of why this all happened; couple 1: lets call them Mike and Kelly vs couple 2: Rob and Olivia. Both couples have had previous conflicts that resulted in mike keying Robs parents car, that was all settled where Mike paid for the damages. Fast forward 4 months, and they are both at my house party. I talked to Rob to keep it cool because Mike is a good friend of mine and Rob is just an acquaintance. Anyhow, Rob ends up leaving my house without his girlfriend because her friends were staying.

**Incident**

Later in the night (1 hour) Mike accidentally bumps into Olivia, and this is where things went south. Olivia goes on and on about how Mike assaulted her and did it on purpose, which he admitted to it being an accident; the room was very crammed when he walked in, that it was inevitable to bump a few shoulders with people. Olivia ends up calling Rob and filling him in on the situation. It's now 2 AM the party is basically over, the remaining few were outside on my driveway trying to calm Olivia, and Mike down. Mike and Kelly were in Mike's truck that was parked in my driveway as they were conversing with Olivia about what had just happened. While all this was happening word was that Rob was on his way like the British, I kept telling both parties to take it elsewhere cause its fucking 2 AM and the last thing I want is a shit show to happen in my neighborhood. Pulling in from down the street, roaring his engine is Rob, I knew shit was going to ensue. So Rob pulls up and furiously hops out of his truck asking where Mike is. Mike has his tinted windows up, door locked, and when Rob finds out Mike is in his truck he yells to his dad that is driving him!! I'm not kidding, this 18 year old pulled up with only his dad who is an ex-marine who suffers from PTSD (from what i've been told). The dad gets out of the car with what seemed to be a gun, and was pointing it at everyone who tried to de-escalate the situation. He then goes up to Mikes window and attempts to shatter it 4 times which he was unsuccessful at. Once he realized the window wasn't going to break, he slashes Mikes tires (2=Front and back left). Mike is laying on his horn making this an even bigger scene waking up all my neighbors most likely giving them more of a reason to hate me. The situation dies down and Rob, Olivia, and Robs dad are on their way out of my neighborhood.

**Key Information**

* Kelly, Mikes Girlfriend, has videos of Mike apologizing to Olivia; claiming it was all and accident

* Kelly, also has a video of Robs dad going on his little rampage, pointing what seemed to be a gun and slashing his tires.

* Mike is a minor

**Big Question**
Can I as the house owner take Rob and his dad to court for anything? Can Mike take them to court?

**Closing Remarks**

Thanks for all the help that anyone can provide, anything is greatly appreciated. Just want the father of Rob to pay for what he did, especially in the fashion he did it in.

edit: Grammar

Answer:
 Stop trying to write a fun story and write a concise description instead.

If someone threatened you or someone else, that's a crime. The victim should make a police report.


Title: [20/F] Was charged for having a fake ID underage.... court date is this week and I'm so confused.

Question:
I'm 20 and a junior at a southern california university. After 2 years of being peer pressured by my friends to get a fake ID, I did. Went to the local bar a few times that my friends had been going to since they were freshmen, and one of the nights, there happened to be undercover cops there. One of them pulled me aside wrote me up for B & P 25661 (minor in possession of fake id to buy alcohol). The cop told me that I would be contacted by someone and all I would have to do is do traffic school and come community service. My court date is now this week and I haven't heard a thing. I don't know whats going on. I haven't been contacted and I've tried to find my case number on the LA court website and the site says that they have no record of it. Did my case somehow not get filed and I'm off free? (thats incredibly wishful thinking, I know.) I don't know what to do, who to contact, or what will happen when I go to court. The penalty is a misdemeanor on my record, a $500 fine, and my license suspended for a year. All this for a stupid mistake influenced by peer pressure. I can't believe it. PLEASE help me out and give some guidance on what to do. I'm so scared.

Edit: Alright, let me rephrase the peer pressure thing. So many people have fake IDs here that after two years I came to the conclusion that it wasn't a big deal. I made the choice knowing it was illegal but not thinking that it would have repercussions, because "everyone's doing it" not a good excuse, but we've all been there. I'm young and made a dumb decision, and not going to make a mistake like this again. I'm just looking now for the best course of action to take in this short amount of time.

Answer:
 You need to go to court on the date stated.  If available, you may be offered a diversion program that will lead to dismissal.  If not, you will plead guilty or not guilty at your first appearance.  If you plead guilty you will be sentenced; if you plead not guilty a trial date will be set.

It's highly advisable to consult with a lawyer before your court date.  If you are genuinely indigent, you can request the public defender at arraignment.

Do not even think of saying anything in court about how peer pressure made you do it.  You need to start taking responsibility, especially if you have any hope of getting into diversion.


Title: Can my Christian employer tell me not to use gods name in vein?

Question:
Work in a restaurant and only use profanity when in the kitchen. I received a text saying he was only going to ask once that I stop saying “GD”. I’m in Oregon as well.
Topic:
Employment Law

Answer: He can if he wants to and could also fire you for it.


Title: My mother's apartment complex decided to start charging for all parking for residents, is this legal?

Question:
6 months ago when she moved in the uncovered parking was free for residents, on Friday she came home to a notice saying uncovered parking would now cost $40 a month for all residents. As inexpensive as this may be she has a hard to affording rent as it is so this is just another added expense she can't afford. There is no other free parking around the complex.

Is it legal for the complex to just tack on extra fees/charges like this to it's residents whenever they please? Is there any legal recourse? Or is she forced to pony up money every time her money grubbing landlord conjures up a new fee?

This is in Houston, Texas.

Answer: Does she have a lease and what does it say about parking?


Title: Suing for emotional damage: Just out of curiosity

Question:
Sorry for bad formatting, I'm on mobile!

Today I was thinking about when I was 16 (I'm 21 now) and I accidentally clipped someone's car in a mall parking lot. The man driving the car ended up screaming so many swear words at me and my also 16 year old friend that it caused me to have a panic attack so bad that, had I not had an inhaler, would have sent me to the hospital. If I had been sent to the hospital, would I have any legal leg to stand on as far as paying the medical bills and suing for emotional damages? I'm super ignorant as to how that works so I'm curious. Does the law change for things like this if the victim is a minor?

(I want to be clear I'm NOT trying to pursue any sort of case on this, I'm just curious as to what the law has to say about situations like this)

Answer:
 No. Suing him for emotional distress in your situation would almost certainly fail.

First, there was no intent to cause harm. He was angry that you clipped his car, but he wasn't trying to harm you. There was no pervasive nature to it, name-calling is one thing, constant verbal abuse over several months is quite another.

So the thing you would have to argue is that he inflicted emotional distress because of negligent or reckless behavior. That is, the way he acted was so unreasonable and exceptional that, even though he didn't mean to harm you, he should have known better.

I don't believe a judge would think your case meet this criterion. Yelling at someone who clipped your car is not something completely unreasonable that you would expect to cause them serious harm.Answer #2: In the us you’re allowed to be a jerk. Emotional damages aren’t usually awarded. It’s more where something where a reasonable person would require therapy.


Title: If a loved one of yours is dying that you could be on the hook for their bills after death, such as a parent, would "divorcing" them as your legal relative before they died absolve you from being forced to deal with it?

Question:
Topic:
Medicine and Malpractice

Answer:
 You are not responsible for a parent's debt after they die.

Their debt is part of the estate, which will reduce the amount that you could inherit, but you can't be forced to pay their debts.


Title: )ARIZONA) Brother stole my GPU and is refusing to pay market price for it, can I do anything legally

Question: Arizona - So when my brother [19] was visiting my place [15] he took the gpu out of my pc and sold it to a friend for like really cheap, like $100. I got it for 220 but on the market it goes for 260-270. He paid me back 200, refuses to pay back anything else. Can i do something legally or no? Hes over 18 so cant he be charged? Am i overreacting?

Answer:
 You can sue him in small claims for the difference in value.

Life advice, Mark it up as a learning experience, it's not worth the trouble to recoup $40. Answer #2: Fair market value includes depreciation, which can be greater for electronics than most merchandise. If you paid $220, and he paid you $200, you're out $20 which could be argued as fair because it's a used item at this point.

I mean, you could call the police to file a report for theft, but i highly doubt it will go anywhere since you accepted the $200. Figuring out if the $20 difference is fair would probably be decided in small claims court, which is going to cost more than that difference.


Title: Not at fault accident this morning, car has less than 1,000 miles on it. Advice needed. (X/post from Personal Finance

Question:
Was driving to work this morning, and someone hit me by turning left into me. Police reports were taken and insurance exchanged. However, my car has less than 1,000 miles on it (bought July 10). I don't want the car to be "fixed" and then have a accident report when I sell it, I want a replacement. Where do I go from here? Can it be done? Last time my insurance people "fixed" my car it was a nightmare. :(
I also started have neck pain about an hour after the accident and went to urgent care, who then transported me to the hospital for neck injuries.

EDIT: California, Los Angeles County
Thanks for any advice.

Answer: 1) comtact your insurance; 2) continue going to the doctor, have insurance pay for now; 3) no. probably not, the fix will likely be all you get.


Title: My girlfriend of 5 years and I are considering getting married for financial reasons but know nothing about taxes, divorce, etc;

Question:
My girlfriend and I are both 18. Im not posting this in r/relationships so please spare me that type of advice. This is in Texas

We are both going to the same university in the fall, we’re considering getting married (legally, no ceremony/rings) to save money in college. Married students can share dorm rooms/ off campus housing and effectively half their living costs. However we need to know a few things...

We both want to remain independents of our respective households for taxation/scholarship/FAFSA purposes, would a marriage interfere with that?

We plan to maintain separate bank accounts/possessions etc; is there a good prenup strategy so neither of us get screwed over in the event of a divorce? People say divorces are expensive but I’ve always thought that to refer to lawyers/losses etc. We both want to remain financially independent of each other and not lose anything. (Bonus question are divorces expensive on their own? Getting married legally is pretty cheap and easy)

Any additional advice is appreciated even if not in response to a question I asked but again please don’t give me an r/relationships spiel

Answer:
 Divorces are expensive when there are kids or substantial property. When it's just relatively low-value personal property, people tend to split it themselves and divorce by filling out a form and signing it. All you'd be out is the filing fee, usually a couple hundred.

Getting married will make you a single household for tax, scholarship, and FAFSA purposes. But that also means your parents' incomes aren't considered, and presumably neither of you makes very much, so that's likely to be a net benefit for you.


Title: Cyber-stalker pretended to be me, emailing my college with "severely inappropriate" emails.

Question:
I live in Florida.

I received a letter from my college informing me that I have been banned from campus because of the "severity of the inappropriate emails" that I supposedly sent them.

I did NOT send them anything, but I know who did. There are two girls who I have known online for about 4 years, and they've recently started harassing me. They have posted my pictures and private information on the Craigslist men-seeking-men section, and now they have apparently pretended to be me and sent emails to my college. Now, I'm banned from campus, I have administrative holds on my school account, and I have to meet with the admins eventually to "discuss" the situation. I emailed the VP of student affairs regarding this, but I really need some legal advice too. This is just ridiculous.

I don't know what to do. I don't even know what the fraudulent emails consisted of. The worst part, I only know the girls' firsts names. The primary offender, however, I know her first name and MAYBE her last name. I also know where she lives and what college she recently attended.

I just have no idea what to do. It's overwhelming and even embarrassing.

Answer: If your school, or one nearby, has a law school check and see if they have a student law clinic They're usually good for helping students out in situations like yours. You may also considered contacting the police What they are doing is a crime and the cops will have access resources you don't have to track them down. Answer #2: Ask for a meeting ASAP. Hopefully they understand that anybody can appear to be anybody online. Show them emails to and from your actual email account going as far back as you have them which will help establish this isn't your real email and it's somebody just pretending to be you.  Provide whatever information you can on these two girls. While the college she attended may not provide you with any information, they may provide it to another college conducting an investigation.


Title: [MD]Neighbors Backwash Pool Drainage

Question: My suburban neighbors have a pool and they run their pool backwash hose to the property line and discharge onto my lawn. I talked to them about it and was told to pound sand. I moved their hose and they promptly moved it back. I talked to the sheriffs department about it and was told 'its not a criminal matter.' They have a large lot and could easily drain it elsewhere, but choose to use my property instead. This is a problem for me because I don't want my kids playing in whatever sort of biowaste and chemicals they're dumping onto my lawn, not to mention the loss of use of a portion of my lot. I don't see a relevant county ordinance that governs it. I want them to stop using my property as a waste dump. What sort of legal argument can I make should I decide to lawyer up and sue?

Answer:
 It sounds like in Maryland you need a permit to drain a pool, though I'm not sure how rigorously it's enforced. You can find the permit [here] (http://mde.maryland.gov/programs/Permits/WaterManagementPermits/WaterDischargePermitApplications/Pages/Permits/watermanagementpermits/water_applications/swimmingpools.aspx)

Section E states that discharge of wastewater must not create nuisance conditions on adjacent properties- if he has a permit, and you have a legitimate nuisance, you can get it revoked. Reporting to the Department of the Environment on the lines detailed in "Guidance for Pool Owners" might get a better response than going to the cops.Answer #2: Probably hiring a lawyer to send them a letter would be the next step.Answer #3: IANAL, but from what I understand (unless the land naturally drains that way), it is illegal to drain water from your property onto a neighbor's.  There should be city/county inspectors who investigate and deal with drainage issues.

Several years ago, when a neighbor was building a home next to mine, an inspector would come out during various stages of the project and inspect/approve various aspects, including their foundation construction; their sidewalks; and other matters, such as their water draining properly towards the street (and not onto my property).  Because this neighbor didn't have their drainage done correctly, this inspector held up their moving into their new home until they fixed the issue.  Check your muncipal and county departments and ask about who inspects for drainage problems.

Be sure to get video/photos of them draining their water onto your property.  Even better, video them putting the hose onto your property; your moving the hose; and them putting the hose back.


Title: My Spouse of 13 years Is keeping the house and cleaned out our savings during separation.

Question:
We have a house together, the house was purchased with both our money for the down payment $30,000. Due to lack of credit on my end we used her credit for the house. It’s legally hers. We also had a savings account together $20,000 which we had for an emergency fund. We had a fight and she cleaned out the savings account and said she’s keeping the house and kicking me out. Leaving me with nothing.

Can I do anything about this? We both have two kids together.

Answer: Lawyer up, now.


Title: (USA, CA) Can my boss make me pay for food I accidentally burned?

Question: I work as a BBQ cook and the BBQ is located outside in the parking lot.

Answer:
 No, that is not legal in CA unless the employer can prove gross negligence.

But they can fire you for burning the food.


Title: Dishonest professor

Question:
California. During the beginning of the semester, this professor announced that she would display the highest check-point assessment grade so everyone could see and she did once before she was reported. This professor also also coerced students to sign a “time management” contract, where students are required to turn in assignments on time; regardless of illness, emergency, etc. I personally missed class because of illness and was told that I wouldn’t be able to make up those points. I say coerced because this class is a requirement for the graduate sociology program. Student’s need this class and shouldn’t be expected to sign away their rights to an excused absence, especially those who have no choice but to take this class. But wait that's not all. She's using students as free labor to do her study that is funded by a grand. The class is a research methods class and she has us learn these methods while having students do the work for her to make her study. She also mentions in class that the student with the highest grade or something will be the one to work with her to publish the study. As any academic knows, publications brings professional opportunities. This is extremely unfair especially, since the class worked together on it and it's most likely that their names won't be on (if it is) the publication. She ended up being reported for this and later announced to the class that whoever is interested will help her (but lets be real she can just decline anyone who asks to participate except for that student with the highest grade lol).

My main concern is the time management issue. Is there any laws that were broken for essentially forcing students sign that contract? Also, I know labor laws applies to employment, but what about in this case? I know the privacy thing was a violation of FERPA, but it seems like she was just warned about it and corrected her behavior.

Answer:
 I would think twice about reporting a professor whilst in graduate school. Do your best in the class and see the grade you make, then if you can’t live with it, put in a grade grievance.  I would speak to her one-on-one first, or weigh going over her head and leave her out. You’ve posted on a legal sub....that’s not the way to go.

Who cares about being publish with this person (if this will happen)? Push through the class without making a ripple.


Title: Are you, personally, for or against marijuana legalization?

Question: This is the "off topic" subreddit, so I assume questions like this are allowed. I am asking this question here because I am curious what lawyers and others involved with the justice system think about it. At least some of the people who post here have probably seen the effects our current marijuana laws have in real life.

Answer:
 As a non lawyer and a Dutch person I say legalize it in a controlled manner.

Like distilling alcohol it should be legalized to grow it but with the propper license and then to be sold on to licensed vendors (we call them coffeeshops over here) at the same time you can tax it propperly. And I would endorse the rest of Europe and the US to do the same, by controlled legalisation you lower the proffit margins but that can only be described as a good thing since that will pretty much mean that the criminal ellement will not find the reward sufficiënt for taking the risks associated with growing and selling.

But I would also make it manditory to hand out information pamflets by every purchase surrounding the health risks associated with the use of marijuna and the obvious notice that driving whilst under the influance of marijuana is as bad and criminal as driving whilst under the influance of alcohol.

Since we talk about legalizing a drug type I am also inclined to talk about certain other substances like Coke, speed, xtc and heroin . I don't like to see those substances legalized since they are way more addictive and have worse effects on the human body then some marijuana.


Title: Can I sue the Dr's office for causing me to be disqualified from medicaid? Pennsylvania

Question:
I will be sending the following letter to their office today via certified mail. I am very upset. I don't want to go into my personal medical issues, but I have a disease that without daily and necessary treatment causes painful symptoms and can be eventually fatal. I have moved to Pennsylvania and applied for medicaid in the state, they fast tracked my application due to my need for medical attention.

I received the notice 4 days prior to it being due that I had to schedule an appointment for a physical to, despite submitting my medical records, verify that I was in fact ill.
I scheduled an appointment and the date given was 2 days after I was to submit the application. I called and explained to my caseworker the situation and they granted me an extension up to that date, which was yesterday.

As to what occured following that, you can read below. Any advice would be greatly helpful. I am not doing very well and need assistance walking and getting up and out of chairs/beds. I am not obese, elderly, or on any type of narcotic pain medication. I am a 28 year old active female but finding myself more and more limited as I have not had medication for several weeks.

I tried to purchase it without insurance but I cannot afford the doctor visit, lab work, or medication.

My only other option now is to break the law and order it online to get me through for the next few weeks while I try to reapply.

The letter:

I had an appointment scheduled for yesterday, May 28 2015 at 12:30pm. I was contacted by your office in the morning and asked to reschedule because the doctor would be unavailable.

I rescheduled with the receptionist for May 28, 2015 at 6pm as I had explained to her that I needed the appointment for that day because medicaid had granted me an extension to complete a form for the application process.

When I arrived at my 6pm appointment I was informed by the man behind the desk that there was never an appointment made for me at 6pm, there was no room for me, and that I had missed my 12:30pm appointment.

I am very, very upset as now I have had my application denied due to not having all the necessary documents. The unprofessionalism of your office is astounding especially because upon calling today, my calls keep getting rejected.

This is a business, correct? You are medical professionals and just because you offer low income appointments does not mean that you have the right to treat people in such a way.

Because of this I have to, yet again, reapply for medicaid and wait another lengthy time period WITHOUT necessary medications.

If you were without medication that you needed and were required to take daily for the rest of your life you would be very upset as well. If you were in chronic pain and your work was suffering due to it, you'd be highly upset as well.

I would like someone to contact me regarding this issue. I will be speaking to my lawyer about it, just because I am low income does not mean I am uneducated or do not have the means to rectify this.

When I made the appointment originally, I explained the situation and why the appointment had to be for that date, no exceptions.

I was left without the time or means to secure another appointment as I had already rescheduled with your office for 6pm and yesterday was the application deadline.

Topic:
Medicine and Malpractice

Answer:
 I don't see a case. I would try a different clinic for the physical you'll need for your re-application and not give this one any more business. I don't blame you for being pissed--I would be too--but this is one of those things that is infuriating but probably not actionable.

The clinic has no obligation to see you before an administrative deadline approaches, and scheduling glitches aren't illegal.

If you need your medications and it is a medical emergency, go to the emergency room. They cannot turn you away.Answer #2: I see no cause of action against the doctor.


Title: Extortion of elderly person over $5k?

Question: Friend is claiming a loan was taken out from an elderly man over the age of 80 for $6,000. Friend paid back $4,400 within 2 months but has been charged with a felony of extortion of an elderly person 80+ years and an amount of over $5k despite the repayment. If the loan is repaid are all charges dropped and forgiven? In Alabama btw

Answer:
 Lol you don't just get to commit crimes as long as you fix them after.  Your friend is looking at jail time.Answer #2: Just like any other type of theft or fraud if the crime was already committed, then your friend's best bet is to get a good lawyer.

Like shoplifting, you steal from the store and get caught, the store gets their property back but you can still be charged with the theft.


Title: Landlord wants to use a black light on carpet when we move out, but there was already stains and damages to carpet when we moved in? (ARIZONA)

Question:
So long story short, were moving out of our apartment soon and our landlord said they will black light out carpet. We were never told it was black lighted before we moved in, and I have pictures of stains and damages to the carpet I sent in the first week we moved in. ( The pictures where sent a bit past 7 days but they said that was okay so I hope they don't get really evil and use that against me)

I do own a cat, but she's NEVER pee'd on the carpet. But I'm worried they'll take our deposit due to past damages that where never fixed. I have proof that they where here before, and since I have no proof or walk through with a black light before moving can they still just charge me for a new carpet or take my deposit?

Answer:
 Either way, your recourse is to follow your applicable laws to recover your deposit if you feel the charges deducted are untrue. Answer #2: Make sure the carpet is cleaned before you move out and take pictures.

A black light assessment seems over the top for stains however if you have a pet that peed on the carpet and it still stinks, that might be them helping to prove their damages.


Title: There's an episode of L&O SVU where a man was found guilty of a crime he didn't commit but they couldn't get him out of prison because ol' dude from Prison Break threw the man who confessed out a window--

Question:
Location is NY. This episode has always bothered me. Basically Victor Tate, an innocent man, was convicted of a brutal rape/assault and got decades in prison. At some point they discover that Someone Else is guilty. Someone Else confesses to the crime in graphic detail and is also known to be guilty of other similar crimes. The guy from Prison Break plays a ridiculously brooding cop named Nate, Nate "maybe" throws Someone out a window (claims Someone jumped); Someone dies. Stabler (one of the main detectives in the series, if you don't watch, and also responsible for jailing Victor a decade ago) is then told by the  ADA that they won't be able to get Victor Tate out of prison because Someone is dead and can't testify in court or be cross examined. This is despite the graphic confession that Stabler, other detective, one of Someone Else's victims, and Someone Else's lawyer were privy to. When they ask the ADA what they can do to get Victor out of prison, she is adamant that nothing can be done ever at all period, and that they can try to ask the governor.

 Would Victor really have lost the opportunity to have his sentence vacated? Would he really have no legal recourse save a pardon?

Answer:
 [Here are the actual rules on motions to vacate a judgement](http://law.onecle.com/new-york/criminal-procedure/CPL0440.10_440.10.html). Clause 1(g) is the relevant one:

> (1) At any time after the entry of a judgment, the court in which it was entered may, upon motion of the defendant, vacate such judgment upon the ground that:
>
> …
>
> (g) New evidence has been discovered since the entry of a judgment based upon a verdict of guilty after trial, which could not have been produced by the defendant at the trial even with due diligence on  his part and which is of such character as to create a probability that had such evidence been received at the trial the verdict would have been more favorable to the defendant; provided that a motion based upon such ground must be made with due diligence after the discovery of such alleged new evidence; or

The confession itself may or may not be admissible as evidence for such a hearing. The dead person would have been useful as a witness, but he's dead and cannot testify. Without that evidence, it's very, very unlikely that a motion to overturn will be granted.

Victor could still try it, but requesting a pardon is more likely to succeed.

Nate's conduct leading up to the death of a suspect should be investigated, and it's fairly likely that Nate would spend some time on suspension or doing desk duty.