Title: Fiance has tickets for something he didn't do

Question:
Sorry if the wording in the title is weird.

We went to the DMV today to renew our drivers license and my fiance wasn't able to because he has three tickets he needs to pay first. We were both very confused because he is an excellent driver and he has never been pulled over or had recieved so much as a parking ticket. He called the number to find out what the tickets were for and one is for speeding, another is for driving with a suspended license, and the third one is failure to appear in court. These tickets are from 2015 and lady on the phone said the tickets are signed by him.

Soooo

His job requires him to move to different locations all day. In 2015 when he got the tickets he was riding around with a coworker. The coworker was driving and got pulled over for speeding with my fiance in the car. The cop gave his coworker the tickets and ran my fiances driver license to make sure his DL was vaild. It was so they let them go but made sure my fiance was behind the wheel.

Somehow the cop mixed them up and gave him the tickets instead of the coworker and we are just finding out now. What can we do?

Edit to add the coworker is a friend and has said he has the tickets recorded on his end but idk how true that is. I'm thinking the signed tickets would be signed by our friend and not my fiance and maybe we can prove it that way? This situation is annoying

Edit again: this happend in Texas

Answer:
 A traffic ticket attorney would know the ins and outs of how the traffic courts in Texas work, and should be able to assist.

If he wants to go it alone, he should probably attempt to get scheduled in the traffic court.  If he has a warrant for his arrest because of this, he can go turn himself in to the sheriff and then bond out and they'll give him a court date.

He may also just be able to submit some sort of form to be given a court date in traffic court.


Title: [UK] Was put on wrong medication in hospital, ended up sleep walking and jumping out of 3rd floor breaking my back. On discharge - they said I was suicidal.

Question:
[removed]
Topic:
Healthcare Law including HIPAA

Answer:
 Sounds like you need to consult with a lawyer (or solicitor, or whatever you call them over there).Answer #2: First off, you should also post to r/legaladviceuk as that is likely to draw more UK-knowledgeable posts. How do you know that they administered the incorrect medication? Is there any formal admission of fault on their part?Answer #3: Wrong medication (as in you were prescribed Med 1, and reciever Med 2) or you had a bad reaction to a medication?

I learned the hard way that if I'm ever given Tylenol (any strength) and Ativan, things get loopy. It wasn't a mistake. It was unanticipated.


Title: Son’s school is harming him, what can we do?

Question: My son is in first grade. In September another student in his class started touching his private parts. They school told me they would keep the students separated in the same class, but didn’t. Three more times over the next several months my son told me the other student was touching him. The school reassuranced me my son and the other student would be kept separate. The school didn’t keep their word. They knew the students were spending time together and didn’t separate them. The fifth time I asked for the other student to be put in a different classroom. They agreed but kept them in the same recess. I found out after about a month of this that they were having my son stay on the blacktop (most of the students play on the play structure or field) three times a week. He was isolated. Because of the situation he is seeing a therapist and has started self harming. I have hundreds of emails between myself and the school. Can they be held liable for the harm they caused?

Answer: I'd call a non emergency police line to explain the situation.


Title: Friend's mother has petitioned court to have legal guardianship over him. How does he go about stopping/rejecting the petition?

Question:
A friend of mine attempted suicide back in September. Since then, they have been released and are in therapy. Today we just found out his mother petitioned the court to be his legal guardian. He doesn't want that and he also doesn't need it. How can he cancel the petition.

He's in the state of Michigan.

Edit: If the judge says he needs a guardian, can he ask for it to be me instead of his mother?

Answer:
 Not up to him; up to a judge. Your friend can speak w/ his doctor and ask him to testify on his behalf that he doesn't need a guardian/conservator, but if he attempted suicide and is still in therapy.........

Well, let's just say not everyone knows what's best for them. Your friend might *need* to have a guardian for this. I'm glad he's getting help though.


Title: Was this negligence?

Question:
So I was in a store the other day (it will remain unnamed) and I was having trouble opening a package that I had purchased. One of the store employees noticed and without hesitation handed me a knife to  open it.
I couldn't figure out how to open the knife so he did it for me and handed it back to me. He then walked away, and as I was trying to use the knife to open the package it slipped and I gauged my thumb open.

I had to get rushed to the hospital and received 6 stitches. They said it would heal in about 10 days. Was this situation negligence and do you think I am eligible for a claim?

EDIT: Location is Vancouver, British Columbia, Canada

Answer: Yes. You were negligent in handling the knife and that caused you to hurt yourself. If you can sue yourself, then you might be eligible for a claim.


Title: Left car at dealership and cancelled personal check. Az

Question: Sunday I purchased a car. The dealership let me buy it with a personal check as it was Sunday and my bank was not open to get a cashier's check. On the way home the car began to over heat, upon my own inspection I realized there was gasket sealant in the antifreeze reservoir. I took the car to my own mechanic today (Monday) after he inspected it he told us the car was totaled. Blown head gasket among other problems with the engine. I took the car back to the car lot and they told me I needed to start a claim for the warranty, and also acted like they did not know how stop leak got in there. I did provide them with a copy of the ticket from my mechanic showing that the cost of repairs would be greater than the value of the car as well as letting them speak to my mechanic on the phone as they claimed he was lying. (He wasn't) I called and cancelled the personal check that they let me pay with on Sunday and left the keys on the lot. I did take pictures that the car was left on the lot. The car was registered in my name as the car was to be paid in full. Does the dealership have any recourse? Are there any further steps that I can take?

Answer:
 >Does the dealership have any recourse?

Yes, they can sue you for the balance owing on the car you purchased. You can't just dump it back on their lot and expect to not pay anything. The cancelled cheque may also become a police issue if they make it one.

If you have a warranty then start a claim.  That is your recourse, you can't just unilaterally decide to return a car and refuse to pay because you decided to do an inspection after purchase.Answer #2: Canceling the check and leaving the car does not nullify the deal. It’s your car. They can’t make you take it, but if you don’t, they can charge you for storage.

If there was a warranty, you will have to follow the terms of that warranty. You signed a contract that is binding.

NAL


Title: (South Dakota) arrested for possession of weed and hash. Plea deal offered seems sketchy, is it legal?

Question:
Two men I know traveled through South Dakota with weed (<2oz) and hash and they got arrested. Their lawyers (state appointed) are saying that the plea deal is one can plead with two misdemeanors, one with a felony, they pick. Is this even legal?

They are young 18-20, went to Colorado, got stopped on the way home (WI) for speeding through Custer County, SD. This is their first offense. Both have plans for school next fall.
Topic:
Drug Possession

Answer:
 >Their lawyers (state appointed) are saying that the plea deal is one can plead with two misdemeanors, one with a felony, they pick. Is this even legal?

Well they are both, likely, being charged with a felony (hash) and a misdemeanor (possession). The prosecutor is just splitting the charges between the two of them so only one them gets a felony instead of both getting a felony. There's nothing wrong with it, it's just a shitty deal.

>Both have plans for school next fall

Both of them are going to be ineligible for federal aid and one of them is going to also be a convicted felon pretty soon. Personally I would get a better lawyer, because the deal they have sucks.


Title: Rear ended in 4 car pile up

Question:
Hello. I was rear ended and am pretty sure that I am not at fault, but I'm just not sure how this process is supposed to go since it seems complicated having so many people involved.

Anyway my question is this: I was contacted my the insurance adjuster of my auto insurance and they asked for a recorded statement. I agreed to it and described the accident. It seemed pretty straight forward but everything I read online seems to say no to a recorded statement. I was asked about my injuries (I have whiplash) and what treatment I am seeking, then they asked if I had any prior injuries. I went to an urgent care and then to a chiropractor and they suggested treatment for the next month. I said I do not have any prior injuries, but after the call I had remembered I was in an accident 6 years ago, and I was treated by a massage therapist. I think I only needed 2-3 appointments to feel much better, but this didn't stand out as an injury to me. I'm just wondering if I said the wrong thing, and if I should call them back? I'm just conflicted on trying to be as truthful and cooperative as I can but everything I seem to read says not to agree to a recorded statement and how it can only be used against you.

ETA: this was in Oregon

Answer:
 Your Insurance compNy has the right to require a recorded statement from you, if you are filing a claim with them. You are NOT required to give recorded statements to the insurance companies for the other involved parties.

As far as your injuries are concerned, if you are using the MedPay or PIP coverage under your own policy, make sure that you policy covers Chrio care and be aware that your deductible (if you have one for medical coverage) is separate from the deductible under your collision coverage


Title: Adult Family member has drug problem, will reporting their dealer come back on us?

Question:
Sorry for the ambiguity, but I think all the relevant information is here.

I have a family member with continuing drug problems. I know the dealer and have their information through a background check, and would very much file a police report against them. However, I don't know if this person's only buyer is my family member. If this is the case, I am worried this could involve them, and said family member could lose their certification to practice their profession.

Obviously any tip to the police would be anonymous, but is this a bad idea? I'm losing hope, and perhaps not thinking clearly.

Answer: What stops your family member from simply finding a new dealer? What if the police are unable or unwilling to pursue this matter, whether for lack of resources or evidence or whatever else? You should work on getting your family member the help they need, rehab, for instance.


Title: Eleventh Circuit Affirms Sweeping Sanctions for Abuse of the ADA by Serial Filer and His Counsel

Question:
SK Miami Partner, Jennifer V. Ruiz, was appointed by the U.S. Court of Appeals for the Eleventh Circuit as Amicus Curiae on behalf of unrepresented gas station defendant-appellees in an ADA case.

ADA plaintiff and his counsel appealed an order entered by U.S. District Court Judge for the Southern District of Florida Paul C. Huck imposing unprecedented sanctions upon an ADA plaintiff and his counsel upon finding they had abused the judicial system by operating an illicit joint enterprise, consisting of knowingly filing frivolous claims, submitting inflated attorneys’ fees, making misrepresentations to the court, and engaging in unethical fee-sharing.

The District Court imposed sanctions against the ADA plaintiff and his lawyer including monetary penalties, community service, and an injunction prohibiting both from filing any future ADA claims in any federal or state court without prior judicial screening and approval.

Jennifer V. Ruiz with the assistance of Miami Partner, Alexandra Valdes, submitted an Amicus Answer Brief on behalf of the gas station defendant-appellees, which was presented at oral argument before the Circuit Court.

The Court affirmed the sanctions imposed against the ADA plaintiff in full and dismissed the appeal of his lawyer for lack of subject matter jurisdiction.

Opinion here:

https://files.constantcontact.com/b2b90ea2501/f014c579-9665-4284-b0c2-bd726bbde4a7.pdf?rdr=true

Answer:
 Well I am glad the attorney has been referred to the Florida Bar for potential disciplinary action. Attorneys like Dinin give the profession a bad name and should lose their licenses.Answer #2: I first read ADA as "Assistant District Attorney" and was confused how abusing them got them sanctioned.

I'm better now.Answer #3: Ohh … and it’s a published opinion, meaning it can be cited as precedent! Unusual for a sanctions case, isn’t it?Answer #4: These ADA trolls are in every district.  It's rare that they piss off a DJ enough to get as involved as Huck did though.  The wheels of justice turn slowly, but they do turn.

*coughPrendacough*Answer #5: Good. Now do Pseudo-law.


Title: California - Class Action Lawsuit, Employer acting 'buddy buddy' suddenly

Question:
A few days ago I received a text from my prior boss (company owners son) asking me if I had received any correspondence regarding the lawsuit the 'old' company is in and if I had planned on signing and returning it. He emailed me the document, and it ended up being a Settlement offer of $200 to waive my rights to participate in a class action lawsuit (re: Unpaid Wages 2011-2015) that is pending. I responded asking for contact info of the firm handling the class action. I received no response. Deadline to accept the $200 is Jan 24.

This morning, another one of the 'old' company owners text me saying 'hey it's your old friend so& so! Call me when you can. Here's a picture of my son!'. Which I thought was bizarre since I haven't heard from her in years either.

I know I will be receiving some type of correspondence soon, as someone called to confirm my delivery address regarding a delivery from the company, which is unusual.

I was employed with the 'old' company for 3 years before it was bought by new owners and I have worked with them for the past 3 years. The 'old' company founder also owns a small part of the new company.

I get the feeling they stand to lose a lot if this goes through, and I suffered from what is being claimed.

Can my employer retaliate against me if I participate in the class action/act as a plaintiff?

Is it worth participating in the class action? I was employed for a 3 year duration of the class action claim period full time.

Answer:
 >Can my employer retaliate against me if I participate in the class action/act as a plaintiff?

Not legally. However, they will be looking for a reason to eliminate you. Showing up 2 minutes late a couple of times is enough for them to try.


Title: Colorado. Mom went to the doctor and doc said everything was fine but upon a second opinion it wasn't

Question: [deleted]

Answer: Just because the second doctor disagreed with the first doesn't mean the first doctor was wrong. Maybe the second doctor was wrong. Medicine isn't math and doctors will sometimes disagree. You can consult with an attorney but you're making a lot of unsupported assumptions.


Title: Video recording on my rental property

Question:
Hello,

I rent a house in Los Angeles County, California  with a small yard and I would like to put up video cameras with audio recording capabilities to monitor around my house as I am forced to be gone a large majority of the time.

Another reason I want the camera's is because my soon to be ex-wife keeps coming to my house when I am home, harassing me (beating on the house, shouting threats and obscenities through my windows and maintaining a lengthy presence (last time was 5 hours before the police finally arrived) effectively making me a prisoner in my own home.  I've tried getting a restraining order but the court tells me that without a credible threat, I have no basis.  I would use the video footage to prove to the court what she is doing.

Would placing these cameras around the property be legal providing I put up signs in clearly visible places that say something to the effect of "video surveillance is happening".

Answer:
 Assuming this is your personal residence (not an AirBnB) and that you live alone:

For video, you can record the (edit: exterior) premises and publicly-viewable surroundings without any posted notice. Your status as a renter is irrelevant unless video recording is specifically prohibited in your lease.

For audio recording, you must be careful not to record anything that could be construed as a private conversation. Your ex's shouted threats might be fair game to record, but a mail carrier talking on their mobile phone as they approach your door has a right not to be recorded without notice.

So with respect to audio, I suggest you either post a conspicuous notice before recording, or selectively enable audio recording only when your ex is actually outside the house screaming at you.


Title: Gym employees watched me undress in locker room.

Question: I was at the gym and was being “too loud” with the weights. An employee approached and told me to “watch it”. I said nothing to him, but acknowledged it. He later came up to me and tried to talk to me, I ignored him. I finished my workout, went to the Sauna and was then approached by the same employee and a new employee. They said they wanted to talk to me, I said I had nothing to talk to them about and continued walking to the locker room to leave. The employees, then stood by my and actively watched me undress, fully nude, before following me to the exit.

Answer:
 This would only be illegal if you were in a place where you had a reasonable expectation of privacy, such as a private shower or bathroom stall. You had no expectation of privacy in a locker room where anyone could walk in at any time.

Maybe next time don't be a douche and just talk to the employee. If you were in my private business and you ignore me and refuse to talk to me about an issue I believe you're causing then I'm going to tell you to leave and not come back. I highly suspect that's what happened here.Answer #2: So you want to know if you have some basis to recover something against them because you decided to strip in their presence? I'm confused.

Edit: No, your rights were not violated.


Title: (IN) Husband passed away and I found a life insurance policy with his sister as the beneficiary. Is there anything I can do?

Question: [deleted]

Answer: Life insurance passes out of probate meaning it is never part of the divisible assets so you only have a right to it if you're a named beneficiary.


Title: (FL) Online high school refusing to give me my money back after they won't fix technical issues.

Question:
My husband has been encouraging me to go back to school and get a college degree. I've had trouble applying for colleges because I only did one science lab class when I was in high school. So I signed up for another's science lab class at an online high school.

Everything was going ok, they sent me all of the stuff to do the labs. When I went online to do my tests, they weren't open. So I called the school and they said that someone in IT had marked the course as completed with no work submitted. This problem continued for two weeks with me calling and asking everyday and they saying that they'd fix it.

On Monday I go to log into the student portal and I can't. I called them again and they said they'd fix it. That problem continued for the rest of the week. So on Friday I call and ask for my money back, I don't have forever to wait.

They are refusing to give me my money saying that it's my fault that I haven't completed my tests and they get to keep all of it. I told they that I'm going to contact my lawyer(I can't until Monday, but I didn't tell them that). They said that I'm threatening them and that they won't give me my money back and will sue me for court costs.

So just for some peace of mind until tomorrow afternoon. Is it likely that I'll get my money back if I sue? Is it considered a threat to tell them that I'll be calling my lawyer?

Answer: Did you pay for this by credit card?  Depending on how long ago you paid, your credit card company could assist in getting your money back.  It's good you've made reasonable attempts to work things out with the school - they like to see that.


Title: This doesn't make sense

Question: We were taking my grandfather home (hes 70) when we arrived at his house his ex wife son (hes 30) who he has a restraining order against was in the driveway when we got out of the car he came at us and my father beat the hell out of him and held him down until the police arrived when the police got their they let the dude who violated the restraining order go and charged my father with 1st degree assualt... the kid has a 500 foot restraining order because he physically attacks my 70 year old grandfather on numerous occasions... how can he be released and my father charged when that dude was the only one who broke the law?

Answer:
 So this person beat up your grandad, which counted as breaking the law. But your dad beating him up is somehow not illegal?

Your dad did the wrong thing, and he did something illegal and may get charged for it, he’s not innocent Answer #2: Violation of a restraining order isn't an excuse to beat the hell out of someone. From the officer's perspective, it looked like your grandfather assaulted the guy, unprovoked.


Title: Cyberharrasment that could potentially hurt my work life/reputation.

Question:
Hello,
Well I have a crazy ex boyfriend. He is just RANTING about me on social media platforms. This could really damage not only my work life as well as my reputation. Especially for the field of work I do. Also giving me wonderful threats of “hope you die” and other selective words. It’s escalating very high, I have since deleted all social media and reported things as best as I could. It just continues. Could I legally ask a police officer to give a verbal warning that if the behavior continues I will pursue legal action against him?

Answer:
 Police officers aren't Messengers. If the behavior of your ex rises to the level of criminal, a police officer will investigate and maybe make an arrest.

If you want to sent a threat of legal action, hire a lawyer to send a cease and desist letter.


Title: Can my employer punish the employees for discussing wages?

Question: First time poster here. So I work at a cupcake shop that has two other shops so it's a pretty small business. Today we all got an email from the manager stating "Company Policy prohibits employees to discuss pay rates between each other. If you are caught discussing your pay or any one else’s income then your hourly salary will be dropped to $11 an hour." I wanted to know if it's legal for them to threaten the employees like this? Also this isn't the first time they've done something shady. We usually work alone during our shifts which means a 6 or 7 hour shift where you have no breaks, not even to use the restroom. What should I do? If I contact a labor board will they keep me anonymous? Help!

Answer:
 Are you in the US? If so it is illegal for your employer to say you can't discuss wages. I'll find the info but you can discuss wages to ensure you are being paid equallyAnswer #2: Mass Resident here, that no break policy is straight up illegal if you work 6+ hours.

Heres how my employer breaks it down (happens to be Ma Gov, so they have to stick to the rules).

**Breaks**

Breaks cannot be taken consecutively, or at the beginning or end of shift. Breaks are assigned based on the number of hours in your scheduled shift.

Shifts 0 - 4 hours: zero breaks

Shifts 4 - 6 hours: one 15 minute break

Shifts 6 - 7 hours: one 15 minute break, one 30 minute meal break

Shifts 7 - 8 hours: two 15 minute breaks, one 30 minute meal break

I found this on: https://www.mass.gov/info-details/massachusetts-law-about-hours-and-conditions-of-employment

**Does my employer have to give me two 15-minute breaks per day?**

[MGL c. 149 s.100](https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section100) requires a 30 minute lunch period, but does not require breaks. [The Boston Globe on 12/7/03](https://web.archive.org/web/20120124004126/http://www.boston.com/jobs/globe/job_doc/archives/120703.html) explained: "Although many employers do provide time for one or two breaks during the work day in addition to time for lunch, they are not required to do so. The law in Massachusetts states that an employer must provide a thirty-minute meal break during each work shift that lasts more than six hours. This one half-hour meal break is unpaid. In addition, Massachusetts' law does not require employers to provide any rest breaks."

________________________

This means if you work a "6 hour" shift you would only get paid for 5.5 hours work (lunches are unpaid).


Title: My little brother was manipulated out of $3000

Question:
My little brother (19) is slightly autistic. He works at a body shop that my Uncle manages, detailing cars for ~$10 an hour. He has been saving about 80% of his money since he started working there about 14-15 months ago.

He has a tendency to become ‘obsessed’ with girls he meets on Facebook. Frankly, he’s so horny all the time he does nothing but message any ‘girl’ that will reply to him.
He has everyone in my family blocked on Facebook.

Within the last 2 months or so, he has been in a Facebook relationship with a girl i knew growing up and went to middle/high school with that is my age (24-25).

This woman has a warrant out for drug equipment and not showing up to court.
My uncle saw her talking to my brother on day at work, and he thought he saw him give her something, likely money, before she left. He asked about it and my brother denied, so my uncle started poking around and told my parents who then confronted my brother, who of course denied over and over, but eventually showed them his bank account. He had apparently given this woman $3000 over a 6 week period for “groceries”, “medicine for my grandma”, and “diapers for my baby”. (The baby that is 4 years old and I was told by a family member of hers hasn’t been in diapers in almost 2 years)

What can be done? I saw a post yesterday that this woman was at friend’s house putting up A LOT of Halloween decorations that looked very new. My parents have contacted the local sheriffs office about this, but haven’t filled an official report yet. Someone mentioned theft by deception? Is that a real thing?
Topic:
Douche

Answer: Is your brother disabled to the point where he is incompetent to make his own decisions?  If yes someone should be requesting guardianship. If no he's free to give money to the girl if he wants.


Title: Broke landlord won't pay back security deposit - help!

Question:
Hi all. This situation is currently happening in Maryland. My boyfriend and I rented an apartment from our landlord, A, for a year from May 15, 2014 to 2015. Before moving in, we signed a standard lease and paid a security deposit of one month's rent - $950.

He ended up moving cross country which was fine because we paid rent electronically. However, we found that whenever we needed repairs, he was not responsive. For example, our washing machine broke and we let him know immediately. After getting in touch with him many times to remind him we needed it fixed and receiving many excuses, he finally told us he didn't have the money to fix it. So we went several months without a washing machine.

After this, we became worried that we may never get our $950 deposit back. We began mentioning it to him about a month before we moved out. He asked that we forego paying the last month's pro-rated rent ($475) and he would just take it from our deposit. So that would mean upon move-out he still owed us $475.

Move out time comes, and he is no where to be found. We sent him repeated texts to come out to the apartment and meet so we can arrange the deposit and return our keys. He has several excuses and now, over one month later, he is not returning our texts.

I am wondering if I have any legal recourse in this situation. There are no damages to the apartment- we made sure to leave it in perfect condition. We never filled out or signed a pre-inspection of damages anyways, so I do not think he could claim damages. We still have our lease that he signed. What should the next steps be? I know $475 is not a lot of money, but as a graduate student, it absolutely makes a huge difference! Thank you!

Answer:
 MD landlords are required by law to keep deposits in a federally-insured *interest-bearing* bank account.  That account must at all times be fully funded -- meaning the landlord cannot borrow or spend against the deposit account except as might be necessary under the terms of the lease.

There is no excuse for a landlord not having liquid assets to refund the deposit on move-out.

Here is the MD statute covering deposits.  Note para (e) sub (4).

You may be able to sue for treble damages ($1425 = 475 x 3) plus attorney fees and filing costs.

http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=grp&section=8-203&ext=html&session=2015RS&tab=subject5

Read the whole section, though.  It defines what a landlord may claim against and what notification you're entitled to.

In many states (IDK about MD) that require the landlord to keep the money on deposit at a bank, allow the tenant to demand to be given information about the account (bank, branch, account number). Answer #2: Keep the texts from him where he directs you to keep the last month's rent. One gimmick he could pull is saying that you never paid the last month's rent.


Title: Girlfriend broke her dominant wrist/hand, is she technically disabled until it heals?

Question:
We’re students at a university with finals coming up. Her broken wrist/hand is going to directly impair a major function of student life (exams) as it will take her substantially longer to finish the exams without accommodation.

Does this mean she can push for reasonable accommodations? Is she technically disabled for this period of time? What type of accommodations can be made, can she push for a parking pass to allow her to park closer to classes? (Student ones are in lots around the edges of campus, extremely far from most academic buildings).

If the university gives her a hard time or doesn’t accommodate in a reasonable fashion, could she push the issue to the title 9 office, would it be a type of discrimination then?

I appreciate any advice! She also broke it on campus doing a recreational activity. I can give more info if needed!

Answer:
 You think she deserves disabled parking because she broke her wrist...? Wow.

She could argue that she needs a little more time to complete exams but it's ridiculous to try and push for actual disabled status and everything that comes with that. Good luck with that.Answer #2: >it will take her substantially longer to finish the exams without accommodation.

What kind of accommodation are you thinking of which would allow her to complete the exams quicker?

>can she push for a parking pass to allow her to park closer to classes?

What is the justification for this with a broken wrist?
Answer #3: She is likely temporarily disabled. She can address it with her doctor.Answer #4: You might be able to get a "note taker" in class. I had someone assigned from my university to do that for me. It was another student in the class, and I didn't know who they were, but they took all the notes in class for me.


Title: Employment Law: Wife discriminated against from a higher education institution for new job (West Michigan)

Question: My wife has worked at the institution for 3 years. She decided to put in for a job that would be a promotion that she was more than qualified to have. Her reviews from her immediate supervisor for the last 3 years have been stellar. During a department meeting, her supervisor said that the Vice President said the new position had to be a minority (We have several witnesses to this fact). Wife goes through the process, does not get the job. She is called into a meeting where she is told why she did not get the job (none of the reasons pertain to the job description or how qualified she is for this new job that she helped design). In this meeting they say that the final decision went to the Vice President. Meets with her supervisor the next week who refutes the other reasons for her not getting the job and gives her a different reason as to why she didn't get the job. Another in-house candidate asks wife's supervisor if race played a factor. Supervisor said no, but then said that the position had to be a minority. Wife then got photo copies of every recommendation form from her interview. Over a dozen individuals said they recommended my wife for hire in their submitted paperwork. There were two that did not put anything. Human Resources said they did an investigation and found nothing wrong. EEOC said that they would not pursue the case because, on paper, the candidate had more years in higher education and that they gave my wife a reason as to why she did not get the job. I was wondering if there are any more options or if we are at a dead end?

Answer:
 > EEOC said that they would not pursue the case because, on paper, the candidate had more years in higher education and that they gave my wife a reason as to why she did not get the job.

That's probably the end of it.


Title: Parental custody until age 19?

Question:
I posted this in /r/aal but was referred here!

Hi there, I'm asking this for a close friend who has limited access to the Internet.
My friend is 17 at the moment, she will turn 18 in October (next month). She is currently living with her extremely controlling grandmother who gained custody of her when she was 12. She had plans on leaving shortly after she turned 18, but her grandmother claims that she has legal custody over her until she is 19, and still has complete control over her and can have her reported as a runaway if she tries anything. Her grandmother also won't show her any of the legal documents that apparently state this.
Is any of this legit? The custody arrangement would have happened in Colorado, they live in Wisconsin now.

Answer:
 Not an answer, but have your friend start discreetly collecting her identity documents now.Answer #2: The age of majority in Wisconsin has been 18 [since 1972](https://books.google.ca/books?id=9hbcAAAAMAAJ&pg=PA13&lpg=PA13&dq=wisconsin+age+of+majority+18&source=bl&ots=zUH2sHkgln&sig=lkLPBXY94G9vbeLFzg6Y4NU4oVE&hl=en&sa=X&ved=0CEoQ6AEwCGoVChMIpuX8jOTyxwIVihCSCh3JIwHu#v=onepage&q=wisconsin%20age%20of%20majority%2018&f=false), but perhaps you friend should wait until she is 18 to inform grandma of this.

edit: And see also *Wisconsin Statutes* Chapter 990.01

> Construction of laws; words and phrases. In the construction of Wisconsin laws the words and phrases which follow shall be construed as indicated unless such construction would produce a result inconsistent with the manifest intent of the legislature:
...
(3) Adult. "Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained the age of 17 years.Answer #3: I would make sure grandma doesn't try to claim your friend as a dependent after she turns 18. I don't know you'd do it, and I imagine the others here do, but if I were grandma, I'd still be putting down that extra person.

Ensure your friend has her birth certificate and social security card, as well as drivers license and any other IDs.


Title: My step mom won't allow me to see my dads will presumably because he left me something. How can I see it?

Question:
no idea who my dads lawyer is

im located in CT

Answer: Hire a probate attorney.  Or check your local probate court to see if there is one filed or if an estate has been opened.Answer #2: Call your probate court! Where I live you have to pay like $20 and they will search it for you and give you a copy


Title: Am I applying for a legit business?

Question:
So basically I just applied for a job on craiglist. Sent them my application. Seems legit so far. They asked me for an interview.

He is Chinese. He interviewed me and I am the only "employee." He told me he's been living here for 3 years and that he manufactures stuff for billiards.

They do have a website. And they do have a company name but Im not sure where to check that out.

Answer:
 Maybe. Maybe not. There's not a lot of information here.

Chinese people sometimes own businesses. Sometimes those businesses are small enough to only require one employee.


Title: Ex girlfriend told me today that she is now pregnant with my child. She wants zero help from me. Questions about where to go from here.

Question:
Simply put, a girl I saw a few times, had sex with twice, contacted me today and asked to meet up. So I come to her place and she tells me that she's almost positive (going to doctor tuesday to confirm) that she's pregnant and that I'm the only guy she's been with that fits the timeline. I believe that it's because we had a mess up with protection but she told me she was on her own bc as well so not to worry about it (she told me today that she lied and was never on bc).
But she also told me that she wants none of my money and would be ok with me being involved with the child's life but that she planned to pay for the child herself and with the help of her family who has quite a bit of money.
I'd like to know if there's anything I can do legally to help avoid or soften the financial blow down the road if she changes her mind and decides to ask for child support. I have a well paying job and wouldn't mind supporting the child but I'd prefer to have whatever legal papers available to protect from any freak incidents or lawsuits.
Side note, she is not a U.S. citizen but she plans to have the child here in the U.S. Not sure if that's relevant at all.

Edit: I'm in texas, forgot that that would be an important factor.

Answer:
 There is nothing that will protect you from paying child support for your child (if it is, in fact, your child).

Get a paternity test done ASAP to find out if you are the father.  If you are, the best way to protect yourself is to go to court and get a custody/visitation/support order and follow it.

Failing that, I'd start putting money into an account for my kid.  If mom doesn't want it, then she doesn't have to take it.  But if she changes her mind, you have it available.  If mom is ever on any kind of public assistance, you can be ordered support regardless of her wishes.


Title: OR - Crash and Attack - Reporting officer refusing to listen to my side because I 1) called 911 seconds slower than the perpetrator's passenger 2) I was visible shaken

Question:
Hi all

I'm confused and depressed about my interactions with police after being attacked last night. During a zipper merge at about 3 MPH in backed up traffic, a car hit my car from my blind spot, then continued to  turn into me side swiping me while the driver taunted me hitting my window with his fist and the passenger yelling like I somehow hit them from in front of them. They blocked my car in got out and the driver came over to beat on my window and threaten to fight me for a while before they both got back in and left. I realize now I should have gotten out and got witnesses but for some stupid reason I thought I could use their license plate number more so I drove to catch up. Either way, it just gets worse from there.

The problem is the officer was using the fact that he saw I was visibly shaken to completely discredit and tell me what he thinks happened instead of considering why I was shaking from adrenaline and fear. I wasn't stressed out before someone started attacking me.  He kept telling me he knew all about these psychological effects of stress and that since the two people seemed super calm and reasonable, and the fact that their passenger called first, my story didn't hold any water. He said people just aren't like that, can't be calm and cordial after something like that. The only real accident I was in, a guy almost t-boned me the other driver knew he fucked up and immediately tried to flip it on me and raged but polite once the police showed up. I was found clearly not at fault.

Am I not supposed to be stressed out when talking with police that someone hit me with their car, intentionally and uneccesarilly  damaged my car, tried to get into my car, and then tried to swerve into my car again?  I don't make a habit of leaving the scene of an accident, but if someone's threatening me, why should I stick around and risk further injury if I 1) can safely leave 2) I'm on the line with 911 taking direction?

I wanted to file a police report so I'd have the incident and this person's behavior documented and now I've been gaslighted by police well into the early morning and possibly looking in the worst  position legally after this.

Thanks for any insight

Answer:
 >I was found clearly not at fault.

Then what difference does any of this stuff make? You're likely never going to see this guy or the police officer again. I'm not sure what purpose an incident report would serve in this situation.

You'd basically just be reporting that a guy got upset because you two go into a wreck. That's not necessarily illegal. It's not going to make the officer believe your story and frankly it kind of means dick all if he does anyway. Just worry about getting whatever information you need to for your insurance and leave all the ancillary stuff alone.

Be positive. You survived a car crash right before Christmas. A lot of people don't.


Title: [US,CA] [CA,ON] From Canada, got a speeding ticket in the US

Question:
I'm from Ontario, Canada. I was in California and got a speeding ticket for going 100+ in a 65 zone with a rental car.

Will this ticket follow me to Ontario and increase my insurance rates?

I've done some research and found this article:
https://www.insurancehotline.com/canadian-drivers-traffic-tickets-ticket-affect-you/
which basically says it will if Ontario and California have a reciprocal agreement, which I couldn't find if they do.

What should I do? Should I fight the ticket?

Edit: I'm staying in Santa Clara. Got the ticket in Bakersfield. Where would I get a court date? If I go to court in Santa Clara can I expect the officer not to show up?
Topic:
Traffic and Parking

Answer:
 Was it *just* a speeding ticket, usually 100+ in a 65 is going to be a more severe ticket.

And were you using a rental car?


Title: I'm banned from my local grocery store for life because my buddy stole a donut

Question: [deleted]

Answer: You can find a new grocery store and hang out with better people. The grocery store doesn't have to let you shop there, its totally their decision who can. Answer #2: Nope. They can ban you if they want. Shop somewhere else. Get friends who donut commit crimes.


Title: My father refuses to repay a loan, and I should have known better.

Question:
Hello everyone, and thank you beforehand for any potential help.

I don't know if the backstory has any relevance to the matter, but it helps to make sense of my situation.

My father disappeared from my life when I was 4 years old, so when he contacted me 33 years later I was hopeful of us having a relationship. I was living outside of the US at the time, so I made plans to visit him, and his family in New Mexico. After arriving I decided to stay awhile as we were getting along, and I wanted to make up for all the time we missed. Everything seemed normal, he was married, had a daughter, and apologetic for what he had done.

This is where the issue originated from. A few days after I arrived they replaced some of their major appliances, seemed they had been planning to for awhile. A week later their washing machine died, but they were unable to replace it as they had just spent money on the other white goods. My father said he would be able to replace it in two weeks with his next paycheck. I offered to cover the cost of a new washing machine until he was paid, so everyone would not have to go without one for two weeks. He agreed to repay me as soon as he was paid. I understand my naivety now, but at the time I thought that's what family does.

He never repaid me, and kept stringing me along with excuses as to why he couldn't. I left soon after with his promise he still would. There was only a verbal contract, but I do have facebook messages with him staying he will repay the $550 owed when he can. Months go by, and I finally demand he repays it, he then tells me he has much more serious legal matters facing him now.

I understand it is not an excessive about of money, and it was 2 years ago, but never the less, he broke the law. I did speak with the local police before I left, but they said it was a civil matter.

I have since done in depth research, and have found out he has an extensive criminal history. Multiple felonies, and no less than a week ago was incarcerated, and currently awaiting trial on multiple more felony charges.

Do I have any options other than letting it go?

Answer:
 You could sue him in small claims court, assuming the statute of limitations on contract claims hasn't expired in New Mexico. But that would be a total pain (you would have to do it in NM, where I assume you don't live) and most likely all you would get is a court judgment saying he owes you the money--literally just a piece of paper that says you're right. Getting a judgment and *enforcing* the judgment (i.e. getting the money) are two different things.

I'm really sorry this happened. Don't blame yourself. You were trying to help out a family member and the family member repeatedly lied to you. And you did help people out; I'm sure it made things easier on them to have a washing machine right then (and to have one at all--given that he's clearly a bad person and has lots of legal problems, it's entirely possible he never would've replaced it unless you had paid).

I'm sorry he lied and turned out to be a bad person. But don't blame yourself.


Title: (Idaho) Help. My brother went home and he entered the wrong house and laid on the couch. The owner called 911. My brother says the door was unlocked but the owner says he broke a window. He had 3oz of hash oil and he was high but it's a misunderstanding! He's 19 and this is his 1st arrest

Answer:
 What part is a misunderstanding? If your brother was too high to know which house was his he was probably high enough to break a window. Answer #2: The hash oil is a misunderstanding?Answer #3: What's he being charged with?
Hire a criminal defense attorney. He's going to need it. Answer #4: Yea he's guilty. Doesn't matter if it's a mistake. Shouldn't have been highAnswer #5: At risk of sounding negative, I would be pretty worried about the hash oil. Some states take that stuff really seriously and 3oz is a huge amount. As others have mentioned, hire an attorney ASAP. Best of luck to your brother!


Title: A crazy ex found a tape of us when we were teenagers and contacted me

Question: An ex contacted me on FB and said that they found a tape of us when we were together. We were teenagers at the time. I didn't respond and blocked them on FB. I don't know what to do. It weirds me out that they still have it after 15 years. I'm not sure what their plans are with. I am hoping that they don't post it anywhere because that would be considered child porn but I know that they aren't right minded. They currently live in Texas if that helps.

Answer:
 If they are in possession of child porn, that's a potentially serious federal crime.

If they distribute it to others, that's a much more serious federal crime.


Title: What can be done? Regarding revenge/child pornography in South Carolina, USA

Question:
As I write this my stomach is in knots. I just recently learned that my 13-year-old niece has been the participant of an oral sex act. That in of itself is hugely upsetting but to further add damage to her, it was videotaped and distributed amongst her peers. She has been the victim of severe bullying and has missed a huge part of her school year trying to avoid dealing with the fallout. Her mother was only recently notified by an unknown blocked caller of its occurrence and is now "calling the parents of the children involved and taking it to the police".

Here's the thing, r/legaladvice. My sister is a piece of shit mother. She's 40 and lives with our mother & father, along with our other sister (35) and HER 4-year-old. She's never home, never monitors her kid. When told that her 13-year-old had drugs and condoms in her room she apparently said: "its nothing I wasn't doing at her age" and that she'd have a talk with her, never restricted her social access or forced out her group of "friends'.

In the past, when another kid online threatened to rape her daughter, she also had said she would go to the police with the issue but never did, therefore she's really broken my trust in her competency to protect and raise my niece. I don't think she should make contact with the parents of the children at all, I think she should have already been down at the station filing her report when she heard the news a day ago.

What should she be doing? What can happen as an outcome and what charges can be filed? I'm also concerned with this becoming a CPS issue and implicating my other sister who lives in the house as well with her son, whom she takes very good care of.

If my piece of shit sister fails to do the right thing, can I - with no evidence and names, because no one will tell me anything further lest it cause me to combust - go to the police myself? What steps do I have to go through to file custody of my niece in the event I have to (if I even can)?

&#x200B;

Thanks for all that you guys do.
Topic:
Juvenile and Youth Law

Answer:
 You can always call their local police, and CPS and school, who may or may not be able to follow this up. Child pornography is also a federal crime, so you could report it to the FBI [here](https://www.fbi.gov/investigate/violent-crime/cac).

I’ve no idea whether any of the above will follow it up based on the information you have or not. Answer #2: OP get the FBI involved ASAP Answer #3: Yes you can go to the police yourself.

Tell them about the CP first.  Be sure to include your CPS worthy concerns.  Hopefully they'll take it from there.  Answer #4: First FBI for the CP part. Seriously, at the bare minimum, that. And definently CPS that sounds like a terrible situation OP


Title: Can police help with Snapchat blackmail?

Question: Somebody added me on Snapchat and asked me i I wanted to make 300$ via paypal and I said yes so long story short he asked me for videos of my feet “show the soles and wiggle your toes show your face in it too” so I did and I was sending him pictures and videos previous to this request just no face bc he didn’t ask and he was screen shotting them so I didn’t think anything of it when he ssd that one then he told me to send a video of me masturbating for more money and I said no then he proceeded to tell me if I didn’t send him a video of me masturbating he would send the video to people at my school and my DAD. My fucking dad. I told him he didn’t know me and he then sent my dads name and said facebooks a bitch so I was wondering if the police could help me in anyway I told my mom and she said she would tell the police but I don’t think it will help

Answer: Your mother is largely correct.  The police are your option.  Depending on who this individual is and where they are located, the police may or may not be able to do something about this.


Title: [PA] old man harassing me when I walk by

Question:
Hi,
I moved to a new area last year and it has beautiful neighborhoods to walk around. One is right near my house so if is convenient to walk to. About 3 or 4 times this year a man has come outside yeling at me that I can't walk my dog in front of his house. The first time he yelled at me I basically told him go fuck yourself. The second time I told him to go ahead and report me. Today I saw him watching me out the window and I waved. And he came outside and took a picture of me. There are no signs in the neighborhoods that say you can't walk, in fact the only signs I see say to pick up the poop, which to me implies its dog friendly. It's a condo building so the dude does not own the grass out front of anything, he is just miserable. Regardless I'm asking for advice, I don't want this miserable guy to tell me how to live my life, so I would like to keep walking. I would like to know if there is anything he could do by having my picture or if there is anything I can do to protect myself legally. Thank you

Answer:
 Ignore him.

If someone in a position of authority tells you that you cannot walk your dog there, then walk your dog elsewhere.


Title: Renting an apartment, not at all as described. Can I cancel my lease because of this?

Question:
So I live in an apartment complex owned and operated by Servitas, a college apartment leasing company. I paid for the penthouse suite, assuming that it was on the top floor. It was actually on the second from the top floor because they consider both of the top floors the penthouse. I’ve never even heard of this before, but they use it as a way to charge you the most rent for your unit.

Additionally, the pool is “broken“ so none of the residents can use it. It has been broken since August when we arrived, but prior, we were not even informed that no one was allowed in there. Every time we ask what is going on with it, they tell us the same BS story… Some of the tiles are under pressure so they can come up at any time and you can trip and fall. Other than that, the pool is in perfect working condition. But they refused to tell us or give us a timeline when the pool will be fixed. So we were promised a pool, which we did not get. It is unusable for the foreseeable future.

During the hurricane, we were removed from our dormitories for a period of two weeks without our approval. We had absolutely no say in the matter. So we lost out on half a month of rent with no control over the matter. But they did not refund us for this half month of rent, approximately $450.

In our kitchen, our dishwasher does not work. We submitted a maintenance request, and are waiting for the parts to fix it (told by the maintenance person.) Also, most of the Power outlets do not work in the kitchen. Only one power outlet in the kitchen works. They also have to replace all of these.

So I’m wondering if there’s anything I can do to support a case about canceling the lease because it wasn’t as described? Very much unfortunately, the lease terms specify that if you wish to terminate from your lease early, you must pay off the entire rest of the lease. Which is approximately $6000. Which seems a little bit stupid in my opinion. If you’re going to pay off the entire rest of the lease just to leave, wouldn’t you instead want to just live there anyway? That’s like paying for something you could easily use

Answer:
 You agreed to lease a specific unit- that's on you for assuming it was on the top floor.

Is the pool listed in your lease?

Does the lease say anything about natural disasters? Did your landlord tell you why they were restricting/preventing access to your apartment?

How long has it been since you reported the issue with the dishwasher?

Their early termination clause for the lease essentially states they don't have an early term/lease break process, which is legal.


Title: Uncle convinced my dying mother to transfer all of her money into his account

Question:
There's a lot going on but ill try to keep it short.

My mother has severe dementia, diabetes and CHF with a pacemaker. She is in very very poor health physically and mentally. My dad is her caretaker and handles everything for her. With her dementia she does not understand a lot of things and sometimes she sees things that are not really happening (IE: people stealing from her, or doing/saying other wrong things)

She talks about suicide a lot and is seeing a psychiatrist. For whatever reason in her mind she hates my father and thinks everyone treats her like she is stupid.

Recently while my father was at work, my uncle came over and took my mom out. My father came home and had no idea where she was, frantic. While on the phone with me she came home and apparently my uncle took her to the bank and had her deposit every last cent she owns into his account for "safe keeping"

her reason is because she thinks my dad is "too busy working" to help her go cash her disability checks. I tried explaining to her that she did not need to transfer all of her money like that. She gets angry and disagrees. My dad believes my uncle is trying to steal her money, I believe this too.

Legally - what can we do? She does not have a will or life insurance. I might have left out some details as there has been a lot going on.

&#x200B;

Answer: Call the police and the bank and report this as theft and elder financial abuse first and foremost, then contact an attorney to help you pursue the civil claim.


Title: [CA] Someone is threatening to post intimate pictures of me!!! (a minor)

Question: I turned 17 this year and snapchatted pictures of my behind to this guy who is basically a stranger to me (long story). Just today he threatened that he would post my pictures that he screen shotted (without my knowledge nor consent) on tumblr along with my snapchat username if I didn't send him 5 more racy photos. He also threatened that if I get anyone involved, that it would be trouble. I believe he is turning 18 by the end of the month. What can I do, and what can happen to me?!

Answer:
 Block/ignore. he would be distributing child pornography. And stop sending people sexually explicit pictures especially being a minor.Answer #2: By having those pics he is in possession of child porn (CP) and if he posts the he is distributing CP (his age doesn't matter)

If you send him more pics YOU are distributing CP (you technically already did).

NAL


Title: CAN-SPAM - email marketing opt-out loop hole?

Question: Say if an email recipient opts out of my commercial email marketing list. Could I continue sending commercial email to that recipient if this time I changed the email address, domain name, advertised product, IP address and affiliated organisation?

Answer:
 No.  You would be violating the CAN-SPAM act in act least the following ways:

1) You are not accurately identifying yourself.

2) Your first affiliated organization is using a suppression list for an unauthorized purpose(That is, they are ONLY allowed to use the unsubscribe link to maintain a list of addresses to never email.)

3) Your second affiliated organization is making use of a harvested email address.

Also, you're scum.  I thought you should know.


Title: Need help with my transgender brother.

Question:
Hey guys I need some help I don’t know what to do

First of all I’m posting for my I’m going to call him my brother but he is transgender (MtF) he came in today upset about his gym teacher being mean to him. When I asked him to explain he told me that his gym teacher had told him to do extra exercises for wearing girls clothing to gym. He is ten years old and in fifth grade. I have full custody him also, He said the gym teacher made him do 25 extra push ups and 50 jumping jacks for wearing girls clothes. He went in a skirt  and a girls shirt with a hoodie. Other girls wear skirts with no problem they have no dress code for gym class. He also told me that this gym teacher grades boys and girls differently such as having the boys do more of an activity like run three laps around the gym instead of one and making them do more pushups than the girls and allowing the girls to do “girly” push ups (having their knees on the floor) He was also made fun of by the gym teacher and told “You'll never be a real girl God made you a boy for a reason.” “You won't ever be able to have kids so you can't ever be a woman.” and a few other things like that. I’m sorry if this doesn't make sense but my question is can she really do this or should I take this up with the school board, principal or someone else. and what are my options legally if this doesn’t work. And again I’m very sorry if this makes no sense but it's late where I am so if you need help understanding something I’ll try to explain it better.

My location is Indiana.

Answer:
 First off, if your sibling is transgender, you should refer to her by the proper pronoun & descriptor (sister/her/she).

You should also ensure that she gets counseling & support from professionals.  Because this shit isn't an argument with the gym teacher.  Trans people get killed regularly.

You need to have a conversation with a therapist, and then with the school district.

I assume the district knows she's trans?  If so, then you should ask the district to educate the gym teacher.

These folks should be able to help:  http://indianatransgendernetwork.com/


Title: Issue with room mate Englewood, Colorado

Question:
Hello legal advice land,

I have quite a unique issue I seek some counsel and insight on!

Today my dog somehow ingested a large amount of psychedelic mushroom chocolates that a room mate left out on a counter space in their room.

In order to mitigate the situation I took my dog to her vet, via their emergency treatment center.

This room mate is refusing to really enter into a discussion about covering this vet bill due to his leaving out over thirty five mushroom chocolates, stating she ate $500 worth of his “product”. As well as his seeing myself and the dog as responsible for having consumed these chocolates.

Simply put, what is my recourse to pursue his payment of the vet bill, and how or what should I do here?

Part of me wants to hand him to the police after refusing to discuss payment, my concern is that will probably leave me with no repayment at all!

Answer: Why would the roommate cover your vet bill? You're the dog owner. You're responsible for controlling and training your dog, especially in shared spaces.


Title: Could I legally charter a boat, capture a few thousand penguins from the south pole, and then transport them to the north pole?

Answer: Ah, finally, _bird law_.


Title: Utility easement in MA

Question: I live in MA and have a utility easement in my front yard.  The developer of my neighborhood is putting in street lights.  They needed to dig through the easement to connect the electrical.  But they dug well beyond the easement that, according to the town, is 12 feet from the curb into my front yard.  They dug as far as 20 feet into my yard.  Do I have any recourse?

Answer: It isn't uncommon for a "street" to extend a ways beyond the edge of the pavement, or a curb, and odds are, they did not dig outside of the easement area.  It is, however, possible.  If they have done that, you could probably sue the utility and get a bit of money for the ground rights they have taken - typically not an enormous amount of money.


Title: I suspect My (19) boyfriend’s (22) mom has been using his social security number for utility bills with out his permission. We got a letter from collections with a total of over $600

Question:
Heres a little bit of background. My boyfriend’s family (mom and two brothers) moved out of a house on a street we’ll call Dawes and moved into a house in a different street we’ll call Guthrie in October 2017. He moved out of the house on Guthrie September 1st 2018 because we were due to have a baby in October. We recently got a letter saying he has an unpaid gas bill at his previous address on Dawes from February 2018.   I checked his credit karma to see his history and what accounts are open. There is also an electric bill from the house on Guthrie that is over $300 that is unpaid from October 2018, (a month after he moved out). His mother is saying she doesn’t know why the bill is unpaid because she paid it, but she has a past of lying about money related things. I also seen that there is an unpaid charter bill from November 2018 that is $350. His mother is saying she already paid all of these things when proof on the paper, she didn’t pay for any of it. What steps can he take to get this taken care of?
Topic:
Credit Debt Bankruptcy

Answer: Boyfriend has two choices... accept the debt and pay it, or report the fraud to the police and accept that the mother may face the consequences.  There really is no in-between here...Answer #2: Report to fraud police and freeze creditAnswer #3: Your BF was over 18 when he lived Dawes, are you 100% sure he didn't sign anything for utilities? Only cause he was young and might not have known what he was signing, I'd start with the utility company and ask them to provide you detail on the account: names/dates/ect. Explain to them the situation and ask them to provide documentation on the request to create an account in his name.


Title: This one really is for a novel [US anywhere, but let's say MD for the bot]: Can a will force a marriage?

Question:
Hey all, long time lurker, some time commenter, first time poster, frustrated baseball fan waiting out a rain delay...

I'm a writer, and I've been critiquing a lot of books lately where a couple is told that the only way they'll receive an inheritance is if they marry and stay together for X amount of time (usually six months or more).  If they don't, the money is forfeited.

I know it's a romance trope, and the genre is pretty relaxed with the rules in general (let's just try to ignore the whole vampire debacle, okay?), but this can't possibly be legal, right?  And if it's not, can the executor simply make the call to ignore that particular clause and give the "happy couple" (who, frankly, aren't that happy if they need a will to get them together) their promised shares as if they'd complied?

Also, if it is illegal, could the lawyer who drew up the will knowing that this clause was in there face any sanctions?

Thanks!

Answer: It's not a forced marriage. It's a contingency in order to receive money.  They have every liberty to walk away.


Title: My gf is pregnant, we’re not sure if we’re going to stay together long term.

Question:
We want to protect ourselves from each other so to speak. What are somethings we can do to make this as smooth as possible. This weekend we want to write out an agreement between us, what we expect from each other etc.. What are some common things we should think about? Should we get a lawyer

Edit* we live in florida, we don’t live together, I’m trying to avoid anything that she can take me to court over. I rather figure out who gets what custody now probably 50/50 and agree on a sum I will pay her per month. I want to do everything and anything in my power to support my child, but not pay some high amount.

Answer: You need to be more specific about what sort of issues you want this agreement to cover. You also need to provide a location. If this is who gets the Harry Potter books and who gets the My Little Pony dolls, you don't need a lawyer for that.


Title: Arrested unlawfully and aggressively

Question: So my brother was out in clubs for his 19th birthday. ( This happened in Ireland which has a drinking age of 18 ). On leaving the club two police officers  confronted him and from behind him said to put the drink away. Another note is that drinking in public is not an offensive as the front of the club was a smoking area so he was still technically in the club. Not thinking they were talking to him he took another sip and the male officer grabbed the pint and poured t onto the floor. He then began to speak very aggressively towards my brothers calling him a dickhead and retard etc several timea. My brother a law student asked if it was in his code of conduct to speak to him like that as he remained calm and was well within his rights. After several minutes of the police officers power trip my brother asked of he is being detained and for what crime or if he is free to go. When he didn't get a response he turned around and was then slammed to a wall by 3 officers and pinned there. He was then threatened to be arrested by the officer who said " I'll have you crying for your mother ". He was then thrown into a police van and charged with aggressive behaviour towards an officer. I'm just curious is that even legal and what actions could he take against them .

Answer:
 The story you are getting is likely a mix of truth and drunkeness. If your brother was asked to bring the pint back inside, and he chose not to, then there may be a legal offense.

You brother was likely not as polite as your story makes it seem. Answer #2: "Am I being detained?" Ireland version.


Title: Ex filed a petition for custody because she says I was drunk with our child

Question:
My ex has filed a petition for sole physical and legal custody of our child till I complete an alcohol treatment. I need write a written response to the clerk.

My ex is claiming I was intoxicated while our child was in my care. Our agreement states neither is allowed to consume alcohol when with the child. Here’s the story, my brother and his son came into town and wanted to see my son. I dropped him off with them, they went their way, I went mine. At the end of the night, they all went back to their hotel room to go to sleep. I showed up at the hotel room at 2 AM. At this point my son texts his mother to tell her I’m drunk. She doesn’t respond and we all go to sleep. The next morning, my brother and his son leave to catch their train at 7 AM. My son and I sleep for about 10 minutes then my son gets a text that his mother is downstairs waiting to take him home. He goes with her. A couple weeks later I get a summons to write a response and to appear in court. What should I do? Get a lawyer? She does not have a lawyer. Obviously, I have to write a response. My response is he was not in my care, he was in my brother’s care. In the morning when he was in my care, I was fine.
Topic:
Custody Divorce and Family

Answer:
 I'd get a lawyer for sure... Those are some mighty blurry lines. Yea, the kid wasn't with you, but it was your time...

Answer #2: It was your time, he was in your care.  You need a lawyer.


Title: I'm (17M) with her (21F) in Ohio. She's pregnant with a child that has a good possibility of being mine. I tried sifting through google for the statutory rape laws...

Question:
EDIT:**Got the answer I needed from you guys, thank you,  and thank you for your condolences. **

-------

It said that the age of consent is sixteen. Does that mean that this was legal? I've researched a little, and all it seemed to do was raise more questions than answers.

It was consentual, I don't want her incriminated. Is this legal?

Answer:
 > It said that the age of consent is sixteen. Does that mean that this was legal?

Yes.  Age of consent in Ohio is 16.  No crime was committed.Answer #2: You are good [PDF link]( http://www.oaesv.org/wp-content/uploads/2012/12/Ohio-Age-of-Consent-Fact-Sheet.pdf)

Now you need to get a job to support your kid


Title: Apartment said we could renew a 12-month lease at certain rate before Jan 31, now saying they are "out of 12-month leases"

Question:
Not sure if this is where I should be posting, please let me know if there is a better place to go for advice. Also not sure if I’m giving too much or not enough information, so please let me know if more info is needed.

My husband and I rent an apartment in Washington State. It is a very large complex, with locations all over the country. Very corporate-y, so it’s not just like a single landlord we are dealing with. Anyway, we have been living in this apartment complex for close to 9 years. We have signed 12 month leases each year. Last week they gave us a lease renewal notice 2 months before the expiration, around the same time they do every year. It gave options of a 12-month lease, or month-to-month at a much higher rate (again, same as every year.) They also do 3 or 4-month if you ask for it. It states that there is an “Early Bird Special” if we renew before January 31, it will be the price stated, but after that there will be a 3% increase.

Today, January 27, I emailed the apartment office letting them know we’d like to renew with a 12-month lease. They replied that there were no more 12-month leases available, but they had a few 3-months, and one 4-month lease left.

Let me just note that every year they put a very official looking lease renewal notice on our door, as well as mailed to us, with all of the renewal options and information. They also have always emailed about a week later just saying “Hey just want to remind you that your lease is almost up, have you reviewed your options, blah blah blah”. It always just reiterates the info that was given on the notice.

I guess this is where I went wrong, I just skimmed the email because it’s always just the same info, and there was no reason for me to think differently. Apparently the rest of it said “Lease terms are limited so please act fast as there are only a few 12 month lease terms and those are on a first come first serve basis”. This was a casual looking reminder email from one of the office workers, it wasn’t like a big corporate email from the company which we sometimes get. There was nothing really to bring attention to the email, like **NEW CHANGES PLEASE READ** or anything letting us know of important changes to how they handle their lease policies. So, I missed that information.

Anyway, we went to speak to someone at the leasing office and the woman we spoke to reviewed every word of the notice they originally posted and agreed that it did not mention the limited 12-month lease thing at all. It just stated that we had until January 31 to choose which option we wanted to go with, including the 12-month option. She agreed that it was a mistake to not include that information, but said nothing could be done. She told us that we could speak to the manager who would be in on Monday, day after tomorrow, but couldn’t promise anything. Also the 4-month lease might be gone by then. The 4-month lease is the same price as 12-month, but they could likely raise it after the 4 months.

It’s not as simple as just finding a different place to live. We live in an expensive city and are paying very cheap for where we are, pretty much just because we’ve been here for so long. We’d have to move about an hour away to get the same rate. Both my husband and I work within 2 miles of our home, and would have to add a second car as well as cost of commuting if we were to move. We know that it might come to that, but that’s not really what I’m asking advice about.

I’m really just curious if they need to honor what is stated in the notice we were given, because ideally we would stay here another 12 months at this rate (and use that time to save up and move somewhere cheaper).

We did say we would take the 4-month lease for now, but we haven’t signed it yet. We are meeting with the leasing manager on Monday to discuss this. I just want to know what my options are, if I have any. My husband’s coworker said we should talk to a lawyer, but is that really what needs to be done in this situation? I just want them to honor the 12-month lease that was stated as an option in the notice they originally gave us.

What, if anything, can I do?

Answer: Unless you gave them some consideration to hold the option to sign a new 12 month lease open until January 31 they can revoke the offer at anytime.Answer #2: I don’t know where to start, but just remember this a contract between you and the landlord. You are equals, make demands and ask questions. If they are trying to give you a 4 month lease why can’t they give you a 12? Did they lease out your apartment already? Confront them and get the answers you want. I would also look for other offers for 12 months in your area and threaten them. They want your money more than anything.


Title: [California] Help evicting tenant in rent controlled zone

Question:
Firstly, thank you guys ahead of time for any help concerning the subject.  So i'm writing this in hopes of helping my parents find a solution to tenants that have been causing them constant headaches for several years now.  In 2011, my parents purchased a 3 bed 2 bath home in Los Angeles while my sister was attending USC undergrad.  There was also a back house (2 bed 1 bath) that was part of the sale.  The front house was unoccupied as the previous tenant took the sale as an opportunity to leave unannounced.  The rear tenant, an old Mexican lady who doesn’t speak a bit of English and her husband, moved in 2010.  My parents took the opportunity to remodel the front home as they planned for my sister take one room and rent out the other two rooms to students.  Everything was fine until my parents contacted the tenant in the back house to sign a new lease; this is where things started becoming a huge headache for them.

The tenant has always paid her rent ($800/month) on time, and because the unit is rent controlled, my parents have only ever increased rent 3% each year.  Full disclosure, my parents have been planning to remodel the rear house and find new tenants who would pay more, but because the unit is rent controlled they figured they’d just wait until the current tenant decided to move.  At the very least, my parents have attempted to have them sign a new lease as the old one was with the previous owner of the property.  Time and time again the tenant has refused and ignored the new lease; mind you the tenant is on a month to month lease and my parents were trying to get them to sign a year lease.

Next is where it gets really frustrating.  The lady has a son who is a convicted felon.  My parents have made it clear to them that he is not allowed on the premises yet he was spotted several times on the property.  He was also caught breaking into the front house and going through two of the female tenants personal belongings and by personal I mean.. Unmentionables.  He was arrested for this and is currently serving a sentence in prison.  I’m assuming that to get back at my parents, the tenant reported my parents for not making repairs, and when city inspectors came to check, one of them actually described the home as “filthy” yet said that there probably wasn’t much we could realistically do because the unit was rent controlled.  The tenants also refused to allow my parents to make renovations when they purchased the property so it’s even more infuriating having complaints filed against my parents.

My parents have taken the tenant to civil court and my dad did mention feeling a bit of racism because most of the city employees were also Mexican and even in court they would converse in Spanish.  I’m sure that has nothing to do with the matter, but having such an annoying tenant who refuses to communicate and hassles my parents every time they try to schedule repairs/maintenance, one’s imagination starts to wander and it’s hard not to have such dark thoughts.  I’d appreciate any information or help anyone can give me because my parents are getting ready to simply sell the property.  I’m sure i’ve missed listing some information, but this is all I can muster up at this moment.  Again thank you guys for any help you can give me!

Answer: Rent control + eviction = get an attorney.


Title: I work as a salaried manager. Most of the time I work between 40-50 hours in a week. Recently I have been hitting closer to 80. Should I be getting paid for this time?[Lexington, KY]

Question: As the title says. I work salaried (~35K/year) and have recently been putting in a lot of extra time. I know I work in an at will employment state, but I'm wondering if I should be asking for OT pay, or if that's just a pipe dream. My wife said something about looking into and after little luck on google, I'm turning to you guys. Any feedback?

Answer:
 If you're salary exempt, then you're not entitled to overtime pay.

You can ask for overtime, but I wouldn't expect to receive it unprompted.Answer #2: You might want to ask for a raise. Just say something to the effect that "I've been working so much lately that my wife has been pressuring me to get a job with similar pay and less hours. I don't want to leave, but I just might have to unless I get paid a bit more." A lot of people can get raises just by asking. I don't know if your situation is one of them, but being confident (like you already have another offer lined up) can help a great deal.

Managers aren't generally eligible for overtime, but managers are also important enough to warrant raises.Answer #3: This is likely to change soon. Either your salary will have to be raised or you will have to be changed to non-exempt.

http://www.dol.gov/whd/overtime/NPRM2015/


Title: [WA] I have been employed at a company for over 6 months and still have not received a schedule. Please help.

Question: [deleted]

Answer: Sounds like they didn't hire you, dude.


Title: Boyfriend detained at a hospital against his will (NYC)

Question:
Here is a basic rundown of the scenario, I'm still missing some bits and pieces but I'm freaking out so I would like to start figuring out what I can do:

My boyfriend suffers from depression, but manages it well. He also has a bad relationship with his mother. The two of them got into an argument yesterday and to get back at him, she called either 911 or the hospital (I'm not sure) and claimed he was going to commit suicide. EMTs arrived at our apartment this morning and brought him to the hospital around 7am. I was still half asleep so I had no idea what was going on. He was finally able to call me from the hospital this evening and says they took his phone and stored it in a locker. When he was being evaluated, he tried to explain to the social worker that his mother was just doing this to get back at him for an argument, but nobody would listen to him and they refuse to let him leave. When he called his mother to beg her to tell them it was a misunderstanding, she called the hospital and told them he was trying to appeal to her to get out and that they should keep him there.

I'm obviously furious at this whole situation which seems like something out of a bad movie, but I understand that hospitals have the right to detain people they think are a danger to themselves or others. The fact of the matter is, I know for sure that this is not the case and he is being wrongfully detained. What can I do in this situation? I want to get him out and I want to sue either the hospital or his mother if possible.

Answer:
 You are getting second hand information here.

If you weren't there, then you don't really know what happened.

If medical staff have reason to believe that he is a danger to himself, then they can keep him there for treatment and evaluation.  That almost always takes more than one person saying, "he tried to kill himself" with no supporting evidence.

You can talk to a lawyer about suing, but the hospital is almost certainly working under the legal guidelines set forth in the law. Answer #2: You're not a doctor. The doctor(s) that initiated the hold know what they're doing.  You have nothing to sue the hospital for,  and nothing to sue mom for.  He's being held,  so obviously medical professionals support mom's report.


Title: My German boyfriend was wrongfully charged with a “Risk of Public Inconvenience” during his visit to me in the US. He wants to defend himself. What do we do?

Question:
\[NEW JERSEY, USA\]

To put it briefly, I am in a long distance relationship with a German citizen. During his temporary visit to me, he was wrongfully charged with a “Risk of Public Inconvenience” on May 27th which was 4 days before his flight back home to Germany. He had to appear to court on June 22nd, but obviously, he couldn’t make it because he already went back home. Additionally, we couldn’t really propose any fitting time span to attend the court since there was and is no trip planned back into the US yet. I’ve been the main source of communication between my boyfriend and the court (seeing that they don’t have email and only phone/fax), and they told me that if I fax the court an official document that shows his proof of residency, the court would allow a postponement of the date. We attached a letter (which is below) with his proof of residency for the judge to review. We did that, and they said they moved the date to September 7th and there is nothing they can do about it. Again, my boyfriend cannot attend this date seeing that he has to book a flight, take time off work, and so on. My boyfriend wants a public defender, but the court said that he cannot have one if he is not present in court.

Along with the proof of residency and explaining the letter, here is his version of the events that we included in the letter:

>To the events from the night of May 26th to 27th at 2:00 AM:
>
>The bar, XXXXXX, was closing and I was waiting with my friends for an Uber ride to take us home. At that time, there was a thunderstorm outside with heavy rain. As our Uber arrived, I volunteered to go outside with one female friend to see where it was while my other friends stayed inside by the exit to not get wet. Since we couldn't find it, we headed back for the bar. My female friend got back sooner and was allowed back inside. Then, I tried to go back to the door trying to ask my girlfriend for the license plate. As it is mentioned in the short police report, the bouncer ejected me at the door, though I literally just wanted to ask for the license plate without getting wet. The bouncer of the pub did not even listen to my reasoning but started pushing me back in the rain. This happened at least twice, no talking besides that I can’t go back inside, no questions asked, especially not listening, and clearly an act leading to an escalation of the whole situation. Frankly, being pushed into heavy rain obviously upset me. There was no absolutely no reason for him to act that aggressive since I had a valid reason to get back to the door – I didn’t even want go inside, I wanted to leave and for that a 2 second conversation at the door would have been enough.
>
>There was no physical harm from my side, no insult, not even an argument. My response was the question: "What do you want?" towards the bouncer with a raised voice and a step towards him after the second push. I might have to admit an aggressive body language, but the aggressor was the bouncer. That's the "crime" I committed. In the moment I made a step towards the bouncer one or two police man, just standing a few feet behind me, tackled me from behind, wrestling me on the ground and putting me into handcuffs. No questions asked, no talk, not even a warning; just pure police violence. A simple tap on my shoulder would have been enough to save the situation. To be honest, I’m not even remotely used to this harsh reaction of an officer from my home country and I felt treated as I were a major criminal while the officer put me into handcuffs and rubbed my face into the street.
>
>In the police report, it is mentioned that I recklessly created the risk of *public inconvenience* and attempted *to fight the security stuff and the police officers.* The original charge is 2C:33-2A(1). In fact, the person who created the public inconvenience and the aggression was the bouncer by pushing me for no reason and the risk of a fight was started from him. The only attempt I had was to ask for the license plate. Additionally, I was never even close to attempt fighting the police officer as it is wrongly mentioned in report. How should I even do this when the first time I realized that the police is involved was when I was in handcuffs on the ground because there has never a warning?
>
>The whole situation did not take longer than 5 seconds from being ejected at the door to laying on the ground with several police officers on me. 5 seconds!!! Neither the bouncer nor the officers even thought a single moment about de-escalating the situation. In fact, they were the main aggressors. Professionally skilled officers' and bouncers' first response should always be talking and de-escalating and not the exact opposite. Aggression leads to aggression and an aggressive body language is all I am guilty of where as the officers are responsible for physical harm (scratches and deep wounds all over my knees and my face as well as damaged property of mine). I was literally pushed into this situation and now I even have to defend myself against allegations I could return to the officers and the bouncer. Additionally, I see myself in a major disadvantage in defending myself since I’m not a US citizen which leads to major inconvenience for me.
>
>I was treated like a major criminal with handcuffs, my face pressed on the concrete sidewalk, left with completely wet clothes and a ripped shirt, and locked for almost an hour in the police department, embarrassed by an arrest which happened ridiculously fast and violent for no reasons. I have three witnesses who can confirm the my motives to get back to the door, the ridiculous speed of the arrest, its harshness, and that there was never any physical harm or insult from my side.

From my point of view, I watched it all happened before my eyes and it happened so fast. When my friends and I tried to get him after he was put on the floor, we tried to explain that we just want to go home and that our Uber was here. But they told us that he was going to “spend the night in a jail cell.” He has scars all over his body from the police going onto him for nothing. Above all, I feel what happened is so unfair and so wrong, and I’m also so worried for our relationship. Seeing that he isn’ a US citizen, I’m worried that this kind of charge won’t allow him to reenter and might harm his application for legal status or citizen in the future.

**Any advice would be appreciated. What should he or we do? What is the best way to handle this situation?**

Answer:
 You have great intentions.  I am going to be blunt.

You have absolutely no idea what you are doing.  That letter is a bunch of bullshit and will not help him.   I don't think they would extradite him for such a charge, but it may impact him coming back to the US.  If he wants to handle this, he should hire a US lawyer.

Your feelings on the subject are irrelevant and quite frankly, you are best if you stay out of this situation all together.  Answer #2: I agree with /u/JAG_Officer_03

That letter is pretty much a confession, compounded with a statement that he was perfectly within his right to commit the crime.

If you want to help your boyfriend, finance an attorney for him.

I suspect that that attorney could get any warrants squashed, and appear for him on his behalf.  It would probably cost less than the plane ticket for him to appear to take care if himself.Answer #3: I'm guessing the bouncers have a much different story than yours. He should hire a criminal defense attorney if he's been charged with a crime.


Title: Mom forced me to pretend to be crazy for years so she could collect a disability check for me. What repercussions could this have for me in the future, if any?

Question: She says that now that I have a job, the government is going to request her to pay that money back -- which she would then take from me. Now, I don't want anyone to go to jail or anything, but I also don't want to be on the hook for any more problems/debt than what I already have. I'm just starting out, so it's not like I have much money to begin with. Now that I have a job and college degree, I'm just trying to move on with my life. But could this have any repercussions for me in the future?? Please advise.

Answer:
 Well for one you could be potentially disqualified for a number of jobs. You likely cannot legally possess a firearm. Amongst many other things.

You need to get this cleared up. Your mother defrauded the system at your expense. You should consider talking to an attorney, this will be a very complicated situation to fix. Plus your mom is at risk for some serious repercussions. Answer #2: >She says that now that I have a job, the government is going to request her to pay that money back

People get better. Have you considered that?

>the government is going to request her to pay that money back -- which she would then take from me.

Even if they did (a big if) she would have to sue you to get the money back which would open up a whole can of worms for her.

The truth is - people leave disability all the time, and most of them do not get accused of fraud. If you do, get a lawyer.


Title: TX: how do i phrase (in court trial) removing a court appt atty?

Question:
I am dealing w/ 2 separate pleadings in a child support enforcement case: one by my ex in district court in 2015, and one by zee state in 2016 in lower court. Both include jailtime over 180 days and as such i requested a court appt atty and jury trial. Have the same atty for both cases. First case stalled out cuz ex couldn't pay atty. It sat in limbo till the state's case came up. Court appt atty requested back in april that cases be consolidated for judicial economy since they included overlapping violations. That was granted and kicked up to district court. Trial is set on the docket for tomorrow, and doesn't show a jury trial. My atty has been ignoring my phone calls.

Can i request that this atty be taken off my case and that I be given time to prepare my own pro se defense? and if so, how would i phrase that and how much time would be "reasonable?"

Answer:
 > by zee state

Okay.

> Can i request that this atty be taken off my case and that I be given time to prepare my own pro se defense?

Sure, you can fire your attorney.  That would be a mistake, but you can.  You can simply say that you'd like to fire your attorney and have time to prepare your own defense.

I'd like to point out that you have no idea what you are doing.  First, tomorrow could be a pre-trial hearing for all you know.  I'd bet you have no idea what all the different types of hearings are and how to tell what they are by looking at the online docket.  Further, you may not be ~~entitled to a jury trial~~ receiving a trial by jury tomorrow. ~~in this situation.~~  Know who knows?  Your attorney.

Best of luck.  You can just request a continuance and the removal of the attorney from your case.  It doesn't matter how you phrase it, the court and staff are use to crazies requesting crazy things.  They can interpret "zee" meaning of your words.

Edited for clarity.


Title: [California, USA] Neighbors smoking weed and overwhelming our apartment.

Question:
Location is California, USA

When my family and I moved in, we were so excited to have a place to live in a decent area. The area I live in is really expensive, so we kind of had to settle for a less glamorous city. Everything has been going well other than my neighbors' weed smoking taking over our apartment. This happens two or three times per evening, and it's even worse on Saturdays and Sundays. It gets so bad that my partner and I get physically sick. Since it comes in through the windows, we can get no relief until the person is done. I'm also not certain as to whether continued exposure like this would show up on a drug test. My partner and I could lose our jobs if we tested positive, and my partner's career would be ruined completely.

I am at my wits end about this. I spoke with someone in the main apartment office about the problem last week and she gave me the number for the security patrol (I'm doubtful as to whether there is an actual patrol on the premises) and said that was all I could really do.

I called the first time it happened again, and I never saw a security guard come by. Also, the smoke came into our apartment again less than an hour later. I was also told that security would only interact with people outside. This evening, I walked around to see if I could find the source and no one was outside.

I am worried about how to resolve a situation like this. I am wary to venture out into the apartment at late hours alone looking for confrontation. The police department here is quite busy dealing with the rest of the town and I don't know if it's even appropriate to call over a smell. One of the managers told me that the residents could smoke in the apartments but that the smell couldn't be noticeable outside.

Basically, I'm wondering if there is anything I can do to stop this. I'm so done with being lightheaded from the smoke almost nightly. Are there any state laws for California saying what my rights would be in this situation? Should I be calling the police? What should I be saying to the management of the property?

I also want to add that I am not against marijuana use as long as it doesn't affect anyone else. This not a temperance issue but a habitability problem.

*also I did read the sidebar.

Answer: Non-emergency police line as soon as it starts happening again.  That's what you pay taxes for.