Title: 2 party consent state security camera hypothetical

Question:
California is obviously a 2 party consent state and I recently moved to LA and am just kind of unfamiliar with this law and how it applies in CA. I have been asked to pet sit for a colleague of my girlfriend, upon arrival in their apartment I see a security camera set up in their kitchen set to record the entire studio apartment. I am only there to feed and socialize the cat; no overnight stays on their couch or anything that would heighten my expectation of privacy in their home. How does being in someone elses home affect their ability to record in their home? How does being in the public (living room) versus the heightened expectation of privacy in the bedroom portion of the home affect the recording? The only thing I'd do on camera is speak in my cringey pet voice to their cat so Im obviously not really concerned, just curious and unfamiliar with this law.

Edit: I suppose it might be worth mentioning that in this scenario I wasn't previously warned or asked to consent to the video recording before accepting to take care of their pet.

Answer: 2 party consent is just for audio recording. With few exceptions like using the bathroom, you have no expectation of privacy when you are in another person's home, like with pet sitting. It is legal to record video of your own home including people you hire to work in your home without notifying them in CA. It is not legal to record audio of people working in your home through a nanny cam or similar in CA.


Title: Hey everyone Desperate for legal advice please ! :)

Question:
Penetanguishene, Ontario, Canada

I moved into my apartment in September, nobody was living upstairs, the place seemed great. After a few months the landlord moved in a family with 2 children to live above us. Now the people upstairs have moved more people in, a baby resides there full time, and the children visit on weekends.

The problem I am facing is the amount of disturbance they are causing me on a daily, nightly basis for a very long time. The amount of banging caused by them stomping on the floor purposely sometimes, the children wrestling and jumping for hours on end, and now a baby screaming crying. I believe there is something wrong with the floor here because the stomping on the floor isn't normal, it shakes everything on the walls, it's like a loud BOOM. I have asked the landlord multiple times over months to ask them to control themselves, and quiet down. Not letting their children jump on the floor constantly waking us up, or keeping us up. The mother brings over company sometimes keeping me awake until 5-6am loud roudy talking Stomping on the floor.

I have asked my landlord to file an N5 and he is not doing so. Is my only option to use the video evidence of the mother screaming at her children, the video evidence of the banging noises which sound like firecrackers and gunshots, and the video of her keeping me up at 6am with company being loud, singing, banging on the floor just being inconsiderate and not allowing me to sleep. My sleep is completely destroyed and I am miserable and angry all the time since they have moved upstairs. This is really hurting me as a human being. I don't want to move because the landlord and I agreed to alter the lease in my favor because of a dispute we had with the electricity. ( I was about to take him to court over him failing to provide us with natural gas heat, and instead he provided us with baseboard electric heating)  any advice or steps i should take would really help. I will explain any details you'd need!

Answer:
 You live in an apartment with shared walls.  Noise bleedover is inevitable.

It's not illegal to have kids.

Kids make noise.

If they are up late and making that much noise such that you can't sleep, call the police and report the noise disturbance.  They can come out, check the situation, and ask them to keep it down.  If that doesn't work, you can likely sign a complaint against them for peace disturbance and then they will get a ticket and have to go to court if they are being that noisy.


Title: Can arrest records ever "go away?"

Question:
I ride with my brother to work every day, he lives one county Southwest of me and we work in a county Northeast of me. On his way through, he stops and picks me up. We live in Georgia.

This morning, he was pulled over for 90 in a 55 by a deputy sheriff in my county as he was passing two cars on a single lane well outside of any city. The deputy that pulled him over said anything 35+ over is reckless driving and that an arrest must be made. We live in a rural county where everyone knows everyone, but this deputy is new to the area and probably arrested him since he didn't have a county license plate. Usually he would have probably just been detained (or not arrested at all), but they apparently didn't have anywhere in the office to put him so they put him in a cell, took his mugshot, gave him a jumpsuit, shackled him, the whole 9 yards. He was never read his Miranda Rights.

When the sheriff got in, he posted a $20 bail for my brother and said that he would drop all charges so long as my brother didn't get another ticket in our county between now and his court date.

What I would like to know is what impact this will have on his criminal record. The sheriff said he would make it like "nothing ever happened," but will this arrest be on his record forever? Is there any kind of injustice in this situation? My brother is a generally good guy with no criminal record besides a few traffic citations. He didn't ask me to post, I just honestly wanted to know what ramifications this will have for him.

Answer:
 Sounds like you have a deputy who knows the law and applies it, but a good-ol'-boy sheriff who doesn't.

Would he make the same accommodation for everyone in your brother's situation?Answer #2: He was speeding, the stop was legal.  Unless he was questioned he did not have to be read his rights.  Assuming the charges are in fact dropped, something the police cannot do, the local prosecutor would have to do, then after some period of time the records may be destroyed or he may be able to apply to have the records sealed, but just having been charged with reckless driving, without a conviction shouldn’t mean to much.Answer #3: Passing doesn't raise the speed limit to 90.


Title: New Landlord Wants Post Signed and Dated Checks for the Entire Duration of the Lease

Question:
Hey Legal Advice!

Two others and I are starting the process of signing a leasing agreement with a new landlord. We are signing and renting in Pennsylvania but this landlord is Canadian, and says that in Canada it is common practice to post sign and date all checks for the entirety of the lease upon signing the agreement. He says this is to make monthly rent payments more simple. While this makes sense, questions have been raised on our end on the legality on this and if we put ourselves in a bad spot with some sort of federal law by doing so. We are living and renting in Pennsylvania and I have never heard of this. We are just unfamiliar with the legality of signing post dated checks for amounts over $1000 dollars. Should we do this? Basically, is there a substantial reason why this is not common practice in America as well.

Does this put us in a bad financial / legal spot?

Answer:
 Are you sure this isn't a scam?Answer #2: That's not common in the US. Does your lease say you have to do this?

>  Basically, is there a substantial reason why this is not common practice in America as well.

It creates a huge risk to the tenants if the checks are presented to their bank as many banks will process post dated checks.Answer #3: Signed check is a signed check is a signed check. There is no law requiring someone to wait to cash a post-dated check.

If he wants, you and he can skip (he is Canadian) to bank and set up an automatic monthly withdrawal. Answer #4: I would have a chat with the landlord and explain postdating is not the same in the USA. Explain to him that in the USA you cannot write checks that you cannot cover and that in the USA postdating does not block the check from being cashed. Ask him to speak to a us lawyer who hopefully will explain to him that what he is asking does not work nor is it legal in the USA.
Answer #5: I don't know what part of Canada he is from but in Ontario a landlord can not force a tennant to provide post dated checks (there are exceptions for student housing)


Title: Can I have someone remove an essay I wrote from their website *if I was 16 at the time*?

Question:
When I was 16, 4 friends and I were asked to submit a short essay about ourselves by a random (adult) woman on the internet, who had somehow found our small cluster of blogs and for some reason gained an interest in us (it was nothing terribly malicious, she just thought we were funny, stupid kids).

I wrote something that I thought was clever and avant-garde, which in retrospect was anything but. And, of course, I used my real name. Ah, youth.

Now, due I guess to a pretty paltry organic web presence on my part, that blog entry is one of the top results if you google my name. I have asked her several times to take it down and she refuses, in the name of journalistic integrity (seriously).

The essay was written/published around 10 years ago, so before most serious internet-based legislation existed, I imagine. I lived in Ontario, Canada at the time. I live in California now (and I'm a dual citizen). I believe but am not sure the woman lived in Seattle at the time. Definitely USA. Her social media says she lives in Austin now.

**tl;dr: Can I make a woman take down from the internet an essay I wrote when I was 16?**

I'm already trying to generate other pages that will simply lower its ranking, but I'm really frickin' pissed off that she won't just take it down *or even just change my name* when I've asked her politely like an adult.

Answer: You have copyright in the essay. Even though you gave her permission to host it originally, this permission is revocable unless you agreed otherwise. Under the Digital Millennium Copyright Act, you can send a notice to her web host requesting it to be taken down, which she must unless she files a counter-notice.


Title: Armed and Crazy Neighbor [Los Angeles, CA]

Question:
Howdy,

I'm looking for some help with a very wild, unpredictable, mentally unwell neighbor who happens to own several firearms (legally). We're located in a fairly nice area in Los Angeles, California.

This neighbor lives directly nextdoor, which gives me the great pleasure of seeing his gigantic, 8 feet tall aluminum walls that surround his house- while also reflecting heat onto ours. He does this, he says, "because the radio waves." He's convinced that I'm trying to kill him with a CB Radio by magnifying the waves and tunneling these waves directly into his home.

Oddly enough, he doesn't actually seem to know what I look like. Most nights I find him hiding outside of my house, watching. When I do come to see what he's doing, he believes I'm someone named Eric. Let's say my real name is Robert. When I come outside, he'll tell Eric about Robert and all of the terrible things Robert is doing to him. A few weeks ago he approached me, Eric, to talk about me, Robert, and explain that he has several firearms at home in case Robert won't stop with the radio waves.

This morning he found a mega phone and shouted about how Robert molests kids and is a registered child molester (I'm a teacher, which may have given him the connection to children). Aside from stalking and slander, he's called the police on me for "trying to kill him", twice. From time to time I'll find dents in our house, chipped paint, and cans of food. I assume he throws them, given the direction they hit the house.

The guy is genuinely mentally ill. The radio waves, the aluminum castle, the constant shouting of curse words towards my house, and now this damn mega-phone. I've always had a soft spot for the mentally unwell, but telling people I'm a child molester can seriously impact my work. What is the proper step here? His behavior is completely unpredictable. Sometimes I'll go weeks without hearing or seeing him. Then it starts and continues for a few days before fizzling out.

I've thought about recording him to collect evidence, but he's armed and already looking for proof of some kind of electronic death trap. I don't want to get caught with a camera and have it trigger a meltdown. The last time I spoke with the police, after he had called them on me for murder, they mentioned getting a civil restraining order if he called the cops again. He hasn't called the cops since, and while I feel things are getting more intense, it's nothing I can prove. No one is every home in our neighborhood to hear what goes on. Nor does anyone go outside at night to notice him standing there.

Any help would be deeply appreciated.
Topic:
Other Civil Matters

Answer: Well you could always report *his* erratic behavior.  Has he ever made threats towards "Robert"?  It seems like he may have based on your narrative since he's mentioning that he has firearms in case "Robert" won't stop the radio waves.  If the police determine that he is a danger to himself or others, including "Robert" (who is actually you) then they can take him into protective custody under 5150 WI.  If that happens the police can seize all his firearms.


Title: I'm a student in Florida. A company in Canada is using photos of me and I'd like them to stop. What are my options?

Question:
Greetings, /r/legaladvice.

I'm a graduate student in Florida involved in research. During the preparation phase of one of our projects, we had a vendor come from Ontario, Canada to set up some equipment. At some point, I was using the equipment. The vendor took photographs of me, in the equipment, and has since begun using those photographs on their web page without my release or consent. The individual who took the photos is the Founder and CEO of said company. The photos were taken in our facility. More than anything, I'm pissed off that they thought that is ok, and I want them taken down. What are my options?

Thank you.
AA

update 1: I actually got a response indicating they would remove the photos. We will see if this happens. If so, great, if not, we'll go from there. Thanks everyone.

Answer:
 Canada recognizes a limited form of personality rights. If you're not able to reach a satisfactory agreement with the vendor directly, reach out to a Canadian intellectual property lawyer and find out whether it's worth trying to assert your personality rights. The answer may well be "no, you're boned," especially if the use of your image is relatively generic (stock photo-like, rather than appearing to endorse their product personally), but it's worth asking.

I personally suspect you're out of luck, though.


Title: (Idaho) My landlord will not tell me how much I owe them.

Question: I was late on my rent this month and that is entirely on me. In fact, I accept responsibility for this whole situation, I just want to know if I have any recourse.  I was served a 3 day notice on Tuesday the 9th. I went into the office on Friday the 11th in the afternoon and the leasing agents had already sent the paper work for eviction.  I asked them what the full amount due would be (back rent of $877 + Late fees + legal fees) to keep my apartment since I have 10 more months on this lease and the renters market in Boise is a nightmare.  They were supposed to let me know on Monday the 15th but I was not going to be able to pay the full amount until the 19th so that is when I contacted them.  They did not have an amount available and again told me to check back on Monday.  My court date is the 25th. I want to know if there is any recourse for them not providing the amount or if I'm just up a creek. I have the money to pay them as I suspect it will be around $1600, but I don't know if that money is better spent on an attorney.  This is relatively new management in my complex and they have turned the place into a complete s**t show.  These are low income units and I have lived here for nearly a decade since I was unemployed in 2009. We have a very large refugee population and I know that I'm not the only person that's had to make arrangements for late rent, nor would this be the first time they've allowed me to make arrangements. Prior to this month I had overpaid my rent and kept a positive balance with the complex.  I still qualify for a small subsidy but I know that the apartments would get a bigger subsidy for a lower income resident. As such I have suspected for a long time that they've wanted me out. Any advice would be appreciated.

Answer:
 If they refuse to tell you the total, pay the rent due, and attend court no matter what. They can not evict you for past due late fees, only late rent. So if you pay them rent in full, your lawyer can have the lawsuit dismissed. Please do hire a lawyer if at all possible. Check for legal aid or a tenant union in your area by calling 211 Monday morning.

But do pay the rent asap, and write down everything if they refuse to take the rent only payment to explain in court.


Title: Friend may be in danger because of a squatter

Question:
**TRIGGER WARNING: ANIMAL ABUSE**

Cross-post from r/advice

My friend's family let this person (here by known as the squatter) into their home a few years back because he was kicked out by his parents and had nowhere to go. (Both my friend and the squatter are adults)

I recently found out that there were some problems that resulted in the squatter being taken to therapy by my friend's mother. She was sitting in on this therapy for some reason (I'm not certain why).

This is where she found out that the squatter has had a recent string of instances of animal abuse and killing of family pets. The squatter has rationalized these in such a way that the therapist considered it unhealthy and reccomended that the squatter be taken to an inpatient program. The squatter refuses to go.

My friend's mother has asked a friend of mine for advice, but has not told her family about this. I'm not sure what to do. I don't want that family hurt, but I also don't know what I can do.

Answer:
 First, they are a tenant not a squatter. They were given permission to stay there.

If they have recently killed animals, report it to the police.

If friend just wants to get rid of them, they will need to provide 30 days written notice.


Title: We're leaving him

Question: My mom and I are leaving. We're in Ontario, Canada. In the GTA. We desperately need legal advice. Everything *finally* fell apart today. My parents own a home, but we can't stay here anymore. My mom and I are going to my grandmother's probably, if she'll let us. But we desperately need some help. Mom said she tried calling real estate/lawyers but they're closed. I just need to know what I can do to help. The cars are under his name, but he bought one for her to use. Is it okay if we take it until things are finalized and settled? if we leave now, does she HAVE to pay mortgage and bills and things until the house is officially sold? I'm shaking a little right now. I'm a mix of emotions. I don't want to let my mom lose this house, but we can't stay here anymore. We've attempted to leave before but came back. I don't want to come back this time. He's verbally abusive, and he has fucked up mood swings, and he's a terrible person. Any help, or any advice, or anything you can offer is amazing. the sooner the better, i think, since we're going to pack some stuff really soon and leave. and there won't be any internet @ my grandmas.

Answer:
 You're emotionally charged right now and not explaining your situation clearly. If you're a child, it may not be wise for us to address these things with you, but instead your mother.

Help your mom find a great lawyer through avvo.com and try to use the search function and see if your questions have been previously addressed in your state. Good luck, OP.


Title: Assaulted by coworker

Question:
Yesterday, my coworker threatened me.

This morning at 815 am, my coworker grabbed me by the throat. I pushed him off me with a steel extendable baton, and told him to "go the fuck home". He then told me that he will kill me.

Both these instances are on security tapes. What do???

Answer: You can file a police report.  You can involve HR.  Or you can do both.


Title: Illegally downloaded movies

Question: So my internet has been acting up for a while now. The cable has been out twice to try to fix it. They are a small town business in MS . Today after they left they called back a couple minutes later to tell my dad that they had been told to pick up the modem by the FBI. They said that it was the 4th offense for copyright something. I have been using utorrent for a while now. Does anyone know anything about this? I have read other threads that say it's no big deal but the FBI is involved with this. Can anyone tell give some information? I haven't received any letters or emails about this before.

Answer:
 You can be sued for this.  You will likely NOT face criminal charges.

And they can absolutely cancel your internet service for this.Answer #2: > Today after they left they called back a couple minutes later to tell my dad that they had been told to pick up the modem by the FBI.

BS.  The FBI doesn't want your modem.


Title: I'm being subpoenaed for a case I'm not even involved with?

Question:
My friend recently had a child. I only recently started talking to this friend after hearing nothing from her for years. Today, she started messaging me saying CAS and her mother took her child away and now there's going to be  a court hearing about it in 4 days. Apparently I'm subpoenaed and I have to be there because I was involved with my friend's life in the past.
I was never served any documents about this. I asked her about it and her response over text was "Yep. I haven't sent it. That's harsh. I wanted to ask"
Do I legally have to show up to this court hearing? I've never even seen her child.
By the way, I'm in Ontario, Canada.

Answer:
 > I was never served any documents about this.

Then how are you being subpoenaed?Answer #2: If you are served a subpoena then yes, you go to court. It is a court order, not suggestion. Answer #3: Text messages are not a legal form of court supoena.Answer #4: Get her lawyer's number and find out what he actually wants you to talk about.  It's possible this could all be done through affidavit. You wouldn't need to actually show up.


Title: Is it safe to leave the US on F1 STEM extension with past experience of Visa revocation due to DUI arrest.

Question:
I came to the US for grad school in 2014 on F1 visa. Since graduation, I am working in California on OPT STEM extension. During grad school I was pulled over & arrested under DUI suspicion. While the case was pending in court, I had to travel to my home-country for a family emergency. When I tried to come back after a week I found out that my F1 visa had been revoked (Prudential revocation) because of the DUI arrest and if I wanted to come back to finish my masters I needed to re-apply for a new F1 visa and go through medical and psych evals. After the long ordeal I was finally able tot come back to US with a new F1 Visa. Since then I have graduated and started working. Recently I have been offered an opportunity that would require me to travel out of US for a week in December. But I am very scared and concerned that if I leave again I would be in same trouble. The difference this time is that my case is closed, I plead guilty to "Dry and reckless" charges and paid all the fines. But I am still in my 2 year informal probation period (According to my DUI lawyer it does not have any travel restrictions). I would really appreciate advice on if it is a good idea to travel and would I get in any trouble which would cost me my life and job here in the US.

It would help immensely if anyone could give me any advice based on their experience or point to any resources that can connect me with  "Customs and border patrol" dept to find out what could be the likely outcomes at the port of entry.

Answer: You need to speak with an immigration attorney, not the internet.


Title: Need help figuring out the best way to handle HOA.

Question:
I purchased a townhouse style Condo in February 2015 just outside of Minneapolis, MN. I've had a few minor issues and my HOA has always been quick to address. In July, I noticed that the cinder block in my garage, below the drywall and between me and the neighbor was starting to crack.

Pictures: https://imgur.com/a/BeiIk

I asked them about that and my garage trim. They immediately said they would send someone out and they did. The garage trim was taken care of, the cinder block was left. With all the heavy rain, I'm noticing the cinder block looks a little wet on the inside and it's almost crumbling. Another email was sent and they stated its my responsibility.

They started to get people out to my house to fix it with the belief I would just pay. I put the brakes on it because I believe it's foundation, HOA should be responsible for that, and if I am truly liable for it, I'm going to get estimates and read company reviews so it's done correctly and cost effective.

My boyfriend came over and said, the dry wall has water stains. And it does. The water stains are isolated to just above the block in question.

I take a gander outside and see that my neighbors removed the downspout extender for the gutters so I have about 50ft of roof line water pouring right at my foundation exactly where I have the issue.

Property manager said he needed to get the board's advice.

Should I have a lawyer ready to go? Should I have my own company do an assessment first? It's raining currently and I intend to try and get some action shots of this and also see if water builds in that area.

Answer:
 >I take a gander outside and see that my neighbors removed the downspout extender for the gutters so I have about 50ft of roof line water pouring right at my foundation exactly where I have the issue.

Get pictures of this. Even better if it's raining. Removing downspouts or simply not getting the water far enough away form the exterior walls via a downspout extension is a major source of water infiltration into a building.Answer #2: Most condos are wall-to-wall ownership, meaning the HOA is responsible for any structural damage to your building. However, its all in the By-Laws or Declaration. Read them, or hire a lawyer to read them for you, and give you advice based on that reading. Nobody on this subreddit can properly tell you whose responsibility that is without the By-Laws. If you do not have a copy, request a copy from the HOA president or secretary.

(Currently work for a company that manages HOAs)


Title: I'm not sure where to ask this, I'm a bit confused. I called my bank and they asked me standard security questions. One was "what color is this car you co-signed for?" The car I had never heard of, I've never co-signed for any vehicle. I checked my credit report and nothing is there about it.

Question:
What do I do?

EDIT: I called the bank and it was just a test question. Sorry to bother you all, and thank you all so much for the words of advice.
Topic:
Credit Debt Bankruptcy

Answer:
 They may have mistaken information, or it may be an intentionally incorrect question. Was "I didn't cosign for any car" an option?

If you're concerned simply call your bank and ask to speak with someone in their security or fraud department.Answer #2: Answer that you never co-signed for a car.  It could be a control question to find out if you are truthful about who you are.Answer #3: Systems like these often ask questions that are intentionally incorrect.  It's nothing to be concerned about.  Answer you aren't familiar with said car.


Title: I was scammed $9,000 from a bad check. How can I prevent this from happening again? GA

Question:
I have a small family check cashing business and a relative cashed a series of out of state (TN) bad checks totaling $9,000 dollars. The checks did not clear, they did not have sufficient funds. I'm trying to recuperate as much of the funds without procuring an attorney (not enough money). The customer who cashed the check, not the company who issued it, made some payments towards paying off the debt, but now refuses to pay the remainder. He paid about 60% of the balance before he stopped.

In response I've tried to device of some ways to protect my business from fraudulent checks.  Can I have customers, with checks over say $500, sign a form stating they will take responsibility of the check if it has insufficient funds. Is this illegal or unenforceable?

Tl;dr  Can a small business require clients to sign a liability form in which the client takes responsibility of paying the negative balance, if the check they cash has insufficient funds.
Topic:
Business Law

Answer:
 > Can I have customers, with checks over say $500, sign a form stating they will take responsibility of the check if it has insufficient funds.

This is far from my area of expertise, I don't see what good it will do. They already are legally responsible for the funds. You can already sue a customer who gives you a bad check for the funds back. Your problem, with or without a signed document, is that your customers probably don't have a lot of money in the first place so collecting on a judgment would be a challenge.

Since I don't know much about this area of business, how to other check cashing places verify that a check is good or not? There must be some system you subscribe to, correct? Or do most places just operate knowing that the fees they charge for good checks will cover any losses for bad checks?Answer #2: Here are three check verification services that will insure you against loss due to bad checks. No endorsement implied - I've not used any of them. The cost to you will depend on the volume and nature of your business.

[VeriCheck](http://www.vericheck.com/check-verification/)

[CrossCheck](http://www.cross-check.com/products-services/check-verification)

[CheckVelocity](https://www.checkvelocity.com/check-verification)Answer #3: You can call the police, hope the person gets prosecuted, and have restitution orders.Answer #4: If this is a business you need an attorney to look over any contracts you want to make and use.


Title: Dad was just served. Papers have typos. Still legal?

Question:
My father was just served with divorce papers. When confirming his identity, the server pronounced his last name wrong, my father replied "yea whatever" and received the papers, not signing anything. The guy left. My dad then read the papers and his last name is spelled wrong throughout it (my mom's last name, which is the same name, is spelled right however) as well as his zip code.

Are these grounds to getting it thrown out so that my mom would then have to re-file?

Does it matter about the typos? Does he not have to follow what it says (eg don't sell your stuff)

Any advice would be helpful, thanks :)

Answer:
 Clerical errors are not grounds for dismissal. Answer #2: It's tactically helpful to know ahead of time that your opponent is sloppy, so your father's attorney should keep a sharp eye out for significant mistakes in process that your mother's attorney makes.

But it doesn't change the situation;  he's been properly served and needs to get representation of his own.


Title: NJ - Texting while driving citation

Question: So it was like the middle of some thick traffic congestion and a police officer "pulls me over" and runs the stupid paperwork. Eventually he gives me a citation for texting while driving. The thing is I wasn't actually texting. I was taking a selfie with an app that's not the texting app. I found [this](http://www.latimes.com/local/la-me-cellphone-court-20140228-story.html) story, but it's from California. Should I use this to fight the ticket in court? I really can't lose my learner's permit :/

Answer:
 Because snapchatting while driving is much better.Answer #2: first of all, I am not a lawyer.
But when you are to use this as your defense be prepared to lose your learner's permit way faster than you can say learner's permit. The fact that in California a cellphone can be legally used as an GPS device (like an actual GPS device) is not comparable in any way shape or form to the usage of a cellphone as an camera while driving. You used the camera function of the cellphone, this is a distraction like texting.
Also do not mention the words "stupid and paperwork" in the same sentence if you are in front of a judge this is a sign of disrespect.

I am not trying to insult you here, but let me be clear, you should not be doïng anything while driving a car that is a distraction and can lead to dangerous situations.


Title: PA: My employer is having me travel to a jobsite which is further than 50 miles from our shop. Does this entitle me to a per diem? is my employer every required to pay me a per diem?

Question: We have a map in the shop where i work with a 50 miles radius drawn on it centered on our shop, and its known as the per-diem circle. my current job site is outside of this circle and i am traveling about 120 miles a day round trip. Also, my job site is in Maryland so i am also traveling out of state. So the real question is, does this circle my employer follows mean anything or did they make it up themselves? my company is constantly trying to squeeze pennies out of us so i would like to imagine they only have paid us a per-diem when they were absolutely required too, if thats even a thing. Thanks for your time!!

Answer:
 NAL, but no per diem is required by statute or regulation at the federal level (state law may vary). The IRS allows up to [50% deduction for uncompensated meal expenses](https://www.irs.gov/help-resources/tools-faqs/faqs-for-individuals/frequently-asked-tax-questions-answers/small-business-self-employed-other-business/income-expenses/income-expenses-2) when overnight stays are required to properly perform the work. However, you may have a case based on implied expectations based on the map. If there's a company handbook that has information on expenses, that could clarify (or possibly override) the map.

If travel is uncompensated and you use your personal vehicle, you can claim the miles on your taxes. At [54 cents per mile](https://www.irs.gov/uac/newsroom/2016-standard-mileage-rates-for-business-medical-and-moving-announced), that's about $65 in deductions per day on your taxes.

You *may* be eligible to be paid for travel time if the job site is not where you normally work, and you travel there directly from home, and you're hourly. (If you go to the shop to get something and then travel to the site, it's almost certainly compensible.) If, for instance, you usually work at the shop you mention in the first few words, but you've been temporarily assigned to work at this other site for a period of a few days, you might be eligible to be compensated for the time to drive there. This would count toward calculations for overtime.Answer #2: There's no law that requires companies to pay per diems or reimburse expenses, as long as you are making above min wage.


Title: Neighbor’s Cleaning People block my mailbox and assault me then slander me all over the neighborhood when I call them out on it

Question:
I’m telling this story from my moms point of view because I don’t feel like saying my mom instead of I

Also Mobile(insert excuses here)

So I am a single mother with a teenager child and in addition to my day job I run a small artisanal Etsy shop out of my home which sits at the head of a cauldesac .So my neighbor who from now on shall be referred to as Karen.

Karen and her husband(who hasn’t really done anything at all) moved in like 4 years ago. We didn’t really say much to them except we stopped by and welcomed them to the neighborhood the week they moved in. Except until 3 months ago when the people they hire to clean their house decided to park in-front of OUR mailbox . ( It turns out that Karen had been telling her visitors NOT to park in their driveway and to park elsewhere)

Now as I mentioned earlier I run a small business out of my home and had orders inside of my mailbox for the mailman to ship to my customers. Well since the cleaning lady was parked in front of our mailbox the mailman couldn’t get in to deliver our mail. I went outside to ask the cleaning ladies to move her car and the following exchange occurred.

Cleaning Lady will be CL
Other Cleaning Lady will be CL2

OP: excuse me could you please move your car I run a business out of my home and am expecting the mailman to come pick up packages and with the way your car is parked he can’t reach the mailbox.

CL: This road is public property I can park on it  if I like!

OP: could you please just move your car?

At this point CL lunges at me trying to grab my throat CL2 sees this and holds her back,they then just walk essay with their supplies into their house

Now after this happens I ring Karen’s doorbell and her MIL answers after explaining the situation to her she basically tells me to go f myself.

After this I text Karen explaining the situation and get no response. I ask the police and they say there’s nothing they can do same with HOA postmaster doesn’t care and same with garbage since they are technically blocking my garbage too.

This seriously has had an effect on me and am considering moving over this. Is there anything I can do or am I screwed.

Also I live in Georgia(the state)
Topic:
Traffic and Parking

Answer:
 Frustrating.  If they're on a normal weekly schedule, perhaps you can park your car there preemptively before they arrive, then move it back to your driveway after they show up.  Before the mailman arrives.Answer #2: The street is public property, unless there's some weird bi-laws or rules about parking in front of a mailbox, they have the right to park there. Did you report the attempted assault to the cops or just the parking "issue"?

I would be really careful trying to claim you're running a business in a residential area though. You'll have zoning knocking at your door.


Title: Could you get arrested if you allowed a child to ice skate/fish alone and he fell through the ice and dies?

Question: Winter is here. Ice skating season has arrived. However, when it comes to frozen ponds, children should NOT be allowed to ice skate/fish alone. I have never seen an article that a parent was arrested in connection with the death of a child who was ice skating or ice fishing in a pond alone. I just want to know would you get arrested if the child dies from falling through the ice when he was ice skating or ice fishing alone?

Answer: Location and age of the child will cause this answer to vary wildly.


Title: (Virginia) Someone took a picture of me without my permission and shared it with a group of people that could possibly put me in danger. Is there anything I can do?

Question: [deleted]

Answer:
 >Given the history of anti-abortion terrorism

What did you think would happen when you protested? That it would be bubblegum and sunshine with these people?

They took a picture legally. If you are  threatened, go to the police. Answer #2: If you don't want the risk of being identified as somebody associated with a controversial protest, maybe don't go to such protests.

They took the photo of you in public and they have no obligation to remove it.


Title: Is it too late to start signing with only my initials?

Question:
I’m 20, about to start a career. I realized I’m going to be signing a lot of documents. Currently I sign first name, middle initial, and last name. Could I start signing with just initials? E.g. “JHC”?

So far all I’ve signed is credit card receipts and maybe something to open up my checking account etc., so nothing major.

CA, USA
Topic:
Contracts

Answer:
 Not to late at all. For your bank account you can asknto uodate the signature card. But most other places dont really care. I sign my credit card slips with a musical staff and the notes D and G.  Sometimes I write " mot authorized. Answer #2: Your signature can be any distinct mark that you will later acknowledge is your signature.

In other words, if you could point to it on a document months or years later and say, "yeah, that's my signature," then it's your signature.


Title: [Meta] Is it allowed and/or ethical to ask previous posters for updates?

Question:
Location is California (not really, but you-know-who gets really touchy about stuff like that).

I really want an update from the guy whose mother's real estate agent had people living in the mother's house 'rent free' Is it OK to PM him and ask for an update?

In most other subs it seems like this would be a no-brainer -- but here it seems like it would be encouraging a breach of atty-client confidentiality.

Answer:
 I don't think it's a problem because of our usual issues with PMs, but I also don't think asking for updates is a good idea.

Often, people don't post updates because talking about their issues on social media are bad for their cases. When they've retained attorneys, their attorneys are almost *certainly* telling them to not talk about their case in public. Requesting updates could encourage people to go against the advice their attorney is giving them.

I remember a guy a few weeks ago who posted an update on a criminal matter that said basically "I followed your advice and got an attorney. He told me not to talk to anyone about this. Anyway, here's what's going on in my case!"


Title: I just found out my cousin's ex-boyfriend used to beat her up, and I want to punish him properly. Given the circumstance I mention below, what should I do?

Question:
Quick background: We live in California, US, but my cousin is from Korea and just recently moved here two years ago.

This happened 8 months ago, and she thinks that she can't call/report this to the police or sue him for damage compensation. I say bullshit and I want this guy to suffer properly.

She has pictures of bruise marks on her hands (though it doesn't show her face) and she has a voice recording of this happening with her ex, but it's in Korean. In addition, I am concerned for her, since she doesn't want her family and mine to know (she only shared this with me, her sister, and me), and if we do report him, there is the chance he might come near her and pull this shit again.

Personally, I have the strong urge to find this POS and beat him until he's crippled, but I don't want to get arrested either and violence probably won't solve anything. What is the best course of action for this then?

Edit: Thank you guys for your help. We will act accordingly and with discretion.

Answer: It can be reported to the police. That’s about it. If she has medical bills she can choose to sue. Do not beat this guy up.Answer #2: She can absolutely report if she wishes. He may or may not get arrested depending on what evidence is discovered. You should talk to her about her options and be supportive if whatever she decides. What you shouldn't do is try to go to police without her consent. If the police investigate they will need to interview her and this will become public record. She has already been a victim once and going to the police against her will won't do anything except victimize her again.


Title: Surveillance of a Neighbor House.

Question:
Hi, first thank you to everyone who responds.

We had an indecent today regarding a BB gun/rifle. One of our neighbors shot our gardener and he began to bleed and was taken to the hospital. Now, we talked to the cops and because it didn't cause any death its not considered attempted murder, and because there was no direct witness of somebody holding the gun and shooting it, that there is nothing they can do. Now we know it came from the neighbors window, we have video of him shooting cans from his house another time.And he has shot our other neighbors window before.

So my question is this, am I allowed to record his house with a high tech camera that points at this window so that next time I can capture the indecent so the cops won't give me this response?
The window is in public view FYI

Thanks again.

Edit : forgot to say my location. It is Fontana California USA
Edit : I was informed that it is a pellet gun, not just BB

Answer:
 >because it didn't cause any death its not considered attempted murder

If it had cause a death then it would be murder, not attempted murder.  It wasn't attempted murder not because it didn't cause any death but because it was a BB gun - and they are not usually used in attempted murders.

>So my question is this, am I allowed to record his house with a high tech camera that points at this window

Yes, so long as the camera angle does not allow the camera to record what is happening INSIDE the window.  In other words, if the angle allows you to record the person INSIDE the house then you bad, but if the angle allows you to record the rifle sticking OUT of the window, then you OK.Answer #2: What is the reason for your involvement in this issue between your gardener and someone else?


Title: Can someone who doesn't have a disability get a service dog?

Question: A couple of friends of mine have a small dog who is fairly aggressive and loud; however they have shared that they want to get him registered as a service dog just so they can take him anywhere, even though neither of them are disabled. I think this is majorly abusing the system, and I was wondering if this is even legal?

Answer:
 They can train a service dog, which would have all the associated protections during that. But that's not what you're describing

The online registrations are worthless and prove nothingAnswer #2: None of that is how a service animal works.

So no, it is not. Nor would it work, as the second their dog becomes a problem it and they can be booted from any business they are in.Answer #3: In some states they can be prosecuted for faking a service dog.


Title: Medical negligence resulted in the death of our baby what are our options

Question: [deleted]

Answer:
 So sorry for your loss. Medical malpractice is a field that relies entirely on evidence and expert testimony to demonstrate that a hospital or provider was negligent. Doing so is expensive, time-consuming, and well beyond what this sub can provide for help.

Your first stop should be referrals from the state/national bar association for medical malpractice specialists. Speak with a few if you want to get a feel for what they can offer. Because of the slow, arduous nature of med mal, their fees tend to work differently from regular lawyers -- often based on payouts, though that may be different in Australia.

You can also post to /r/auslegal for legal professionals more familiar with Australian laws.


Title: If someone is a 2x felon in a state that has a 3 strike rule and commits a 3rd felony (like the one described in the text), do they get serious time?

Question: [deleted]

Answer: Yes, that's how 3 strikes laws work.  The sentencing guidelines are increased on the 3rd felony if the other requirements are met.


Title: I had money I didn't know existed!

Question: When I was 7 years old I had an guardian. I want living with my mom and my dad died. For all I knew I had no money, she always told me that I had no parents and no money. When I got my first job I had to pay her $400 a month to help her. When I was 18, I moved out and my sister and I went to the social security office and I found out that I was getting a monthly check from my dad since he died when I was 7 years old. I remember after living with her for a few months, she took me to the social security office and she was showing my dad's obituary with my name listed as his child. She always kept that obituary. I used to get hand me down close from her cousins. I never had Christmas presents and I got my first phone when I was 17 after getting my job. I only received the last two checks that was left for me before I graduated high school. Since I was 7, almost $50,000 was stolen from me. My question is am I able to sue for what was stolen without my knowledge? I'm asking this now because my sister still think I should try to sue. The fact that this happened angers me because I'm in college and in debt and knowing I could've used my father's money that he left for me. I know that I was used for her financial benefit.

Answer: If you are still in college you may be able to collect Social Security as your dad's beneficiary, but if she used that money as your guardian to raise you then it is unlikely you can get any of it back.


Title: Is it legal for a 17 year old to move out with an 18 year old in Texas?

Question:
I plan on moving to Texas from California in a month. I'm 17, the person I'm moving with is 18. I have consent from my parents.  I need to know the law before moving in with him. Any advice or information would be great.

Thank you.

Answer:
 Read your posting history.  Gonna give lifeadvice instead of legaladvice.

You had your first face-to-face contact with this person a week ago.  This is a phenomenally bad idea.


Title: Dear Reddit can I find any justice for my wife who I took to the doctor on Tuesday and she died in our bed less than 16 hours later??

Question: [deleted]

Answer: You didn't fail her. Get a consultation with a medical malpractice lawyer as soon as you can. I am so very sorry for your loss.


Title: Civilians closed off the road for a tractor...

Question: I tend to take a back road that sends me through a small farm community as I go from the city I live in, to the city I work at approximately 30 miles away. I had an odd experience where two trucks full of rednecks closed off the road, with their hazards on, to allow a tractor to grab a round hay thingy (don't know what it's called, sorry)... This upset me so much that I'm tempted to call the sheriff, or county officials. What legal standing would I have if I turn them in to the county, or sheriff? (USA)

Answer:
 > call the sheriff

Yep, I'm sure he'll get right on hassling some locals for moving hay bales around. Unless you get identifying marks (plate numbers, descriptions) *and* can describe time and date of violation, *and* are willing to testify in court about it, it's time to move on.

Also, welcome to rural America. They close freeways here to do cattle runs at times.

I hope you realize I'm being sarcastic, but in all seriousness, it's a one-time thing. There's not much you can do, nor is there anything you want to do unless it becomes a long-term inconvenience.Answer #2: OP drives through farming community...OP is pissed when they encounter a tractor...FFS, it is a given driving in rural areas you encounter machinery or animals.  Either take that into account or use the main roads.  Kudos to the 'rednecks' for trying to keep people safe.


Title: [MA] My neighbors are abusing their dog, what can I do?

Question:
Okay so they have this massive bloodhound who is tied up to about a 6-10 foot run, but he always gets tangled and can't move and untangle himself.

They also have birds that seems like they NEVER clean their cages. The smell inside that house is ungodly. The lady chainsmokes, like literally always has a cigarette in hand, and smokes in the house.

When the dog goes back inside, he goes straight into a cage that is too small for him. He has no room. They don't let him anywhere but in the cage and outside. I know this for a fact, as I used to be pretty good friends with my neighbors.

I want to help these animals; the poor dog that size needs actual EXERCISE and not put outside and then back in.

Legally, what are my options? I would like to remain anonymous because like I said, neighbors.

Answer: Call animal control


Title: Next of kin denying tests and deviating from Doctors' plan

Question:
Hey everyone I'm in Florida.

I had to call 911 after discovering my boyfriend writhing and moaning on the floor in the night, unable to stay awake for long.

In ICU, he has had a 103 degree fever and has gone from glucose of 1200 to around 250, and his sodium is also being managed. He has been diagnosed with diabetes, but his erratic behavior, far outside the range of DKA behavior, is unknown and believed to be caused by infection somewhere. However, his urine and blood havr all tested negative for viral/bacterial infection even as his white blood cell count is wayyyy above normal. His family wont let us do lumbar puncture to test the csf.

 His fever went down, until I called his next of kin (Mother and Father). His mom is a nurse practicioner, but is mostly in a teaching role and is mentally unstable (hoarding, multiple storage units full of food, clothes, and rats). Because of her perceived skill at medicine, she has been micromanaging all hospital staff that she can, and denying procedures such as a lumbar puncture (the doctors think meningitis is very possible) and pushing for his breathing tube to come out prematurely.

His fever had been controlled by tylenol, a cooling blanket, and a fan. She insisted that these things be taken off and said she would agree to lumbar puncture if his fever spiked again. Well, his fever did spike, back up to 103. His respiration is getting worse, he is still agitated whenever woken, and they are discussing inducing medical coma today. She was informed and backpedeled on her previous claim to consent the LP. I am just waiting and watching my love get worse. His fever is still raging.

I am tired of her playing doctor with the man I have loved for years and have lived with as partners for 4 years. The doctors are frustrated, with their tests being rejected and replaced with her own requests. I live in Florida so I am not recognized as a common law wife.

Is there anything I can do? Can I have another doctor elected his surrogate because she has a conflict of interest in practicing medicine on her own son? I am ready to get an advance directive from him when he wakes up, but I dont know when he will and if he will still be himself when he does.

They have always had a bad relationship, him and his parents. She admitted to me that she knew he would be upset if he even knew she was present at the hospital. Even she knows his wishes but wont follow them, and his dad follows along.

What options do I have?

Thank you so much! I'm spending every waking moment with him and I want him to please have a second chance at life.

Answer:
 The lumbar puncture is diagnostic and would help them select the best antibiotic to fight it. In the absence of an LP, any intensivist worth their salt would give him what's called "broad spectrum" antibiotics, anti-fungals, and anti-virals LONG before these cultures came back.

In other words, if it is meningitis, they do not need and, in any event, would not wait for the LP to treat it. So stop fretting about that and ask for an ethics consult.


Title: (US - IL) Questions about elected officials leaving office early

Question:
Location: US, Illinois

I currently work full time and my position is an elected one (on a ballot, the whole nine yards). The position is salaried with no benefits and no set amount of time off or sick days/vacation days, meaning I can take as much time off as I want. I also have no boss, but a Board that sets my salary and office budget. My newest term just started in January, but I found another job and will be leaving in a few months.

My main question is, is there any information out there about people in these positions and any severance? Like, could I say "I'm taking x, y, z weeks off and I want to get paid" even after I start the new job?

Sorry if this scenario is pretty general. I'd like to try to keep my actual position private. More info can be given if needed.

Answer:
 Why in god's name would you get severance for quitting?

And do you really think that you should get paid a salary after quitting? You must realize that claiming to be taking time off while getting paid while working a job is fraud, right?


Title: Rights to use movie memes in a video game? [Canada]

Question:
For example, let's assume I wanted to use a dozen lord of the rings memes in my free mobile game (that has ads), am i allowed to do so?

Basically it would be a screenshot of the movie with text over it, such as the "they're taking the hobbits to isengard" meme.

Answer:
 Not without written consent from the owners of the movies.

And for the record, I wouldn't consider that a "meme", just a screenshot of the movie.


Title: Getting neighbor to remove dangerous tree

Question:
Location is NH.

Neighbor has a large dangerous tree on their property that looks like it will crush the west side our house if it falls. have a letter from a certified arborist stating it is compromised and an imminent danger and needs to be removed promptly. neighbor refuses to act and they were notified by certified mail awhile ago.

can you take someone to court and make them take it down ?
would this be civil court ?
will their insurance still cover them if they were previously notified that the tree was dangerous (not an act of god situation) ?

Answer: you need to make sure YOUR insurance will cover your house. if something happens and the tree does end up falling on your house, you might have a hard time getting money from your neighbor. so make sure you are covered one way or another.


Title: Was Possibly Sexually Assaulted at Work a Year Ago?

Question:
Hello.

Thanks in advance for taking the time to read this.

I work at a popular restaurant in Durham, NC. About a year ago a man and woman came in and I was their server. The woman was wearing an wireless vibrator and the man was controlling it and making her orgasm during various points of my service to them. (Later in the evening, a coworker of mine identified the app they were using.) It was fairly obvious and tables around them asked to move. He made her orgasm while I was at the table talking to them.

I've felt gross and traumatized by this ever since the incident happened. He's been banned from the restaurant but no other action has taken place. We have his contact information in our host database but not hers.

I'm not sure what my legal recourse is in the situation... if I can even press charges or what. It makes me sad to know that they are still out there maybe doing this to other servers without the server's consent. Please feel free to ask me any clarifying questions. Trying to be as succinct as possible.

Answer: None. Move on with your life. You were not assaulted.


Title: How are sports leagues allowed to impose fines, and can they take legal action if the culprit does not pay?

Answer: A lot of those terms come down to "do it or we'll remove you from the league." Whether they'll hold up in court is secondary, at that point, as few teams survive being ejected from a well-established league.


Title: Let a friend invest $20k in crypto, later on he "couldn't log in" to the trading account and eventual stopped replying to me. How can I get access to this account back?

Question:
Location: NJ

Some  background, this all happened over the course of late 2017 to 2018. I  had a friend who I met from the Navy (we both finished serving). He  happened to be very good with investing and predicted the cryptocurrency  bubble. I sent him $20k which was my entire savings at the time, he  used this money to invest in crypto, he was making steady gains, then  after the bubble popped, he claimed the account to which he was using to  trade crypto (kraken) updated their security policy and had trouble  logging in. He claimed his computer which had the necessary information  to verify the two-factor authentication never came, as the military will deliver all your goods back to your home address if you finish your  enlistment contract from overseas. I never got the account information because companies like these give you hard time if you are logging in from different devices. I kept on asking him for updates, he  told me he's still having trouble trying to get access, etc. then  overtime he started to become less responsive, and sure enough he  stopped responding to me completely, though he hasn't blocked me on  anything.

We have no beef, and I  realize this post might make it seem he was acting out of  malice, but knowing him I think he just got lazy it with it and stopped giving a fuck. We had no written agreement or  anything, just blind, stupid trust on my end. His parents also own a  financial company if it make any difference.

Answer:
 Fat chance your money was ever turned into cryptocurrency. Big chance you were scammed out of 20k. This is actually best case. If he bought bitcoins late 2017 that money is at least 50 to 75% vaporized.

You can sue him for the amount, you will need to be able to prove that the 20k was given under some conditions for repayment or as a loan ...Answer #2: You could sue him. Whether you would win would depend on what agreement you made with him. In all likelihood your money is gone, either because he lost it all with bad investments or spent it himself.  Investing like this carries a great deal of risk.


Title: My 8 year old is telling me her father put a dog collar on her and choked her

Question:
This morning my 8 year old tells me that her father put a dog collar on her and ripped on it choking her.

Unfortunately he currently has full custody, but I do not want to let her go back to him, and neither does she. I am not sure what I should do or how I should go about handling this situation.

I am afraid of her going back home especially if he finds out she told me this. How can I legal keep her from going home until we can go back to court so I can obtain custody?
Topic:
Custody Divorce and Family

Answer: Report it as suspected child abuse to CPS and the police. Contact an attorney about custody. If CPS are sufficiently concerned they will consider placing her with someone else (you, a family member, or a foster parent) while they investigate.


Title: First time arrested - need serious advice

Question:
Okay, so I'm in a bit of a panic here. Saturday night I was at a bar with a friend. Somewhere in the 10 minutes it took me to walk home, I was arrested and charged with vandalism. I recall none of what happened in-between the bar and home, but I'll give you my best interpretation of what I can piece together.

According to my roommate and the police, I left the bar around 9:45 PM. I tried to get into my apartment building. When I was unable to do so, I went into the restaurant below and obtained a meat cleaver. I apparently used this meat cleaver to destroy their plates. The police were called and I was arrested. I woke up in a jail cell.

So this is my first time ever being arrested. I have no history of violence nor a criminal record. This is literally the exact opposite of anything I would ever think of doing. I am on medication for anxiety and depression. I'm in California and have no idea what to do right now.

If you need anymore information, please don't hesitate to ask. I'm desperately seeking help or any information I can use to help me out.
Topic:
Criminal Law

Answer:
 You used a meat cleaver to tear up a restaurant? You’re lucky your only charge is vandalism.

Get a lawyer.


Title: Conflict of Interests

Question:
I am a software engineer in charge of  employing/directing a group of contractors at my job. I have recently come up with an idea for a product (separate from my job space) that I would like to see developed. As a personal favor to me (for free or reduced rate), the contractor company has agreed to work on the product as a separate project, independent from my job. Is this legal?

State: PA

Answer:
 Unless you're a government employee, this almost assuredly isn't illegal.

It will almost assuredly get you fired with breathtaking speed and with absolutely no recourse on your part.


Title: A guy I matched with on tinder is a twitch streamer, streaming tinder for content without any of these girls knowing [Ohio]

Question:
I recently matched with a guy on tinder who is a “verified twitch partner.” I decided to see what he streams and at first it was okay, but on certain days of the week I found that he streams tinder the second half of his stream. Well I figured out what day we matched and when he messaged me and it aligned with his stream days. I wanted to see if I appeared during his stream and lo and behold I show up once when he initially swiped me, then a second time on a different stream he showed everyone the message I had sent him (before I found anything out).

So my question is, is this fully legal? He’s using these girls as content, fully showing their tinder profile, location, linked instagrams, and messages they’ve sent, to random people. None of these girls are even aware that this is happening, I didn’t know until I “snooped” around and found his twitch.

I feel like this isn’t illegal but just walking the line of extremely weird and creepy.

Answer:
 As far I know Twitch actually doesn't allow this on stream, I've seen some popular Twitch streamers talk about it a long time ago, that they couldn't show the people they were swiping etc. So if I was you I'd report the videos you're in.Answer #2: I used to watch a streamer who started doing exactly that and he was forced to stop because twitch did not like it.

I’m not sure if they got more lenient, but I would report him on twitchAnswer #3: I'm pretty sure that's what AnythingForViews got banned on twitch for,  so there's that


Title: A driver drove a truck through my home and fled the scene. I am now effectively homeless. Don't know how to proceed.

Question:
http://imgur.com/gallery/L0Dl2

Living in Seattle. 31 year old male.
Was already living pay check to pay check, and am now staying on a friends couch.
Don't know how to go about seeking aid or financial compensation.
I did not have renters insurance. (Lesson learned.)

***
On September 28th, at 7:30 pm, a truck drove through my apartment.

The driver and his passenger fled the scene. Police called me, as I was working late that night, and informed me of the situation.

When i got home, the local news was outside filming. Police told me of what happened. And, two volunteers from the Red Cross came in to help me grab my clothes and offered to help me find a hotel to stay in for the night.

The next morning, my friend, Megumi came by and brought me coffee and donuts. She helped me sort through the bricks and dust. We managed to save a few things, and packed what we could into boxes.

The truck caused over $35,000 worth of damage to the building, and caused me to lose over $5,000 worth of personal belongings.

It will be several months before repairs are done, and the apartment is livable again. I do not think I will be moving back in.

Special thanks to, my friend, Alex for giving me a place to stay.

Romina for bringing me boxes for my liquor bottles.

Marci and Kit from the American Red Cross for helping me through the initial crisis.

Answer:
 I'm not sure how the Red Cross in Seattle run their shop, but if it is anything like Oregon Pacific Chapter, they should be giving you minimum of a couple weeks at a hotel, and quite a bit of cash loaded onto the prepaid ARC Visa card.

Ask to speak to the Director of the Disaster Services unit there at your chapter if you need anything after that. If they give you any pushback, don't be shy about calling National to put a fire under their ass.

I was a Captain of a Disaster Action Team in Eugene, Oregon for many years and we really prided ourselves down there for going the extra mile.

They should be helping you with long-term placement also. They should have a bunch of connections with rentals and such and can handle security deposits and can grease the skids on getting you into stable housing.

And remember, it is NOT charity... It is a gift from the American people. If after you get settled and things calm down, don't think about paying any of it back or anything, but we really wouldn't mind if you could consider volunteering for one of our teams, or whatever else the local chapter has a need for.Answer #2: I saw what happened on the news, sorry that happened to you


Title: Advice Needed on Real Estate Recently Purchased and Legal Options.... Nightmare Neighbors, Walking Away, What to do.....

Question:
Hi all... posted in the real estate forum but was advised I may find some better advice here.  I'll try to keep it short...

My wife and I purchased a home in a new development roughly 8 mos ago. Development is only about 20% built out, it will be several years before completion.

We have new neighbors directly next to us and kiddie corner from us who are absolutely crazy. We feel there are drugs involved, parties 4-5 nights per week until 5am, fireworks, street racing, my garage was broken into and when the cops were involved we could not prove it was the neighbors... although evidence mounts to that.

We have been living in hell for the past 5 months and need to get out. We cannot sell without taking a very substantial loss as the developer slashed prices a couple months ago and things have slowed down in my semi rural area of AZ.

Renting it out shifts the issues to my poor renters, and we would certainly be dealing with complaints and tenants looking to flee over the various neighborhood issues. We would also have to cough up nearly $400 a month to cover the difference between rents in the area and our mortgage.

The last option is to walk away. We live in a non-recourse state (AZ) and while our credit would be significantly dinged, we don't need credit for some time and do NOT intend to buy again for a serious amount of time.

We have contacted the police after hours, but being in an unincorporated area they are not helpful at all. They have come out, however, on several occasions. We also involved the HOA, but it is developer owned still and they will take no action other than send letters. Nothing has helped, we have no fight left in us as it is clear we are on our own. Other neighbors seem to never be home as we are in a snowbird community, so we feel alone in our neighborhood entirely.

I feel crazy for even being at this point and thinking of some of these options, but we truly have no choice and can no longer live here. It is a nightmare and my wife cries weekly. We have stayed at hotels regularly when things have gotten too much out of control with the neighbors and we are unable to sleep.

Any advice from a legal standpoint?  We are almost thinking the process of letting the bank take the home back and take the credit ding would be the easiest way out of this nightmare.

Answer:
 Letting a house go into foreclosure is a generally bad idea.

Have you been calling the police with noise complaints about this stuff? Answer #2: Install cameras, call in noise complaints.

As for the fireworks, depending on what time of year it is and what type of fireworks they are, they could be illegal, even in rural AZ.

https://www.phoenix.gov/firesite/Documents/083287.pdf

Again, video evidence would be quite nice when it comes to calling out the cops.Answer #3: Confused by this,  it's only 20% built but you are living there? It will take several more YEARS to complete? Most homes are built in well under a year.

Is the neighborhood any hoa? Are the bad neighbors violating any city codes?  What exactly is so bad about their behavior that makes it unlivable other than noise at night?

Since you can prove its actually them committing criminal activity,  get a camera and you will know for sure.  All things being equal it is much less likely the neighbors. Answer #4: Maybe installing outdoor cameras?  (I'm not sure proof would help though, if you're in an unincorporated area.)  Or black out curtains and white noise machines and soundproofing tiles on the walls?

You need to be somewhat credit-worthy if you want to rent though.  Although I suppose it souldn't cost you any more than the hotels.  But a debt counselor or /r/personalfinance might be more helpful about assessing the consequences of giving up the house.


Title: Mother Stole Money From Me

Question:
My no-contact, narcissistic mother stole a large amount of money from me. I'm not exactly sure how much, as it was money I had from various birthdays and Christmases growing up, inheritances from grandparents passing, and the first few years of getting paid an actual paycheck. I never actually paid attention to this account, as a) I was a literal child, and b) in my younger years, I didn't think she would do this to me. My mother put it into an account so I could learn how to "save" money.

I'm not sure where the money could be, or what type of account it was in (I'm pretty sure it was either a joint account or a minor account).

I'm 100% sure she has my money, and, for the past few years, even when I was in grave need of financial assistance (went through bouts of homelessness), she has admitted to having the money, but refused to give it to me.

Now that I'm in a better financial situation, I would like to have that money to put a down payment on a house. I'm not sure where to go to find it, or what my legal rights are.

Any advice?

(Please excuse the formatting and any spelling or grammar issues - typed this on mobile)

Answer:
 If you dont know what she stole (exactly what money and when) then you are likely SOL.

Where you an adult when she stole this money or a child?


Title: Friend accidentally poisoned someone

Question:
My friend (who lives in Florida) was fired from their job, and believed it was unjust because of a co-worker trying to get them fired.

The attempts to get my friend (Fr from here on out) was approached on the floor of business that had customers and coworkers by the owner of this particular business (franchisee). Owner told Fr that Fr couldn't do anything about being fired, Fr can't defend herself or do anything to keep Fr's job. Fr felt attacked/humiliated in public.

Fr saw some hand sanitizer and put two squirts in owner's water while she was away with the intent to make her taste something terrible. Realizing this was out of character and a result of being humiliated and overly emotional, Fr tried to pour all of it out of the cup, but the owner started coming back so Fr put owner's cup back on the counter before the owner saw that Fr had been holding it.

Owner takes one sip, asks out loud if someone put hand sanitizer in the drink, Fr and another employee laugh (the employee tried to hide their laughter, Fr didn't because they had already been fired and hadn't realized that isopropyl alcohol is the active ingredient and didn't realize how harmful it is to ingest).

Fr told me casually in a text what had happened, and I immediately realized that it was not just a simple prank and could seriously hurt someone. I spoke with Fr and told them that the cops might get involved if the owner presses charges, and under no circumstances to talk to them about this particular thing without legal counsel first because it is not as harmless as Fr thought.

Fr had no idea that the way hand sanitizer cleans is by using a chemical that is dangerous to ingest. Fr thought it was just like soap, and was the first thing in sight that was available to make the owner feel uncomfortable and taste something bad, and told me after the fact that if something like cayenne pepper or salt was readily available and in sight that Fr would have put that in her drink.

There was no intent to do actual harm, it was in Fr's mind just a petty thing to make owner taste something gross. This whole event was captured by CCTV. Police called her asking for a statement regarding a call to corporate about being unjustly fired, but luckily I was able to talk to Fr first as I said before, so Fr didn't meet with the authorities (Fr was not home either way). Investigator said they'd leave something at Fr's door for a statement regarding a vague investigation, but there was nothing there hours after the fact. I'm pretty sure they want to take Fr into custody because owner pressed charges. Maybe I'm being paranoid?

How bad is this situation for Fr, worst case scenario? I have a passing interest in law, but never went to school or anything for it. They have no way to prove intent if there was no previous incidents of threatening or malice, right? Florida states tampering with a drink can be a first degree felony with intent to kill or harm, but am I right in thinking that the prosecutor would have to prove intent/motive for that to stick?

Answer:
 "It's just a prank bro" is a terrible legal defense.  Fr should prepare to be justifiably fired and face possible criminal charges.  \(S\)he shouldn't speak to the police if contacted and should retain a lawyer ASAP.Answer #2: The level of intent necessary to support a criminal charge here would be "intent to put the substance into the owner's drink." That intent is clearly in evidence. Whether he knew the substance was particularly dangerous or not isn't really relevant from a criminal perspective: it's clear that he intended to do harm, and we're only quibbling about how _much_ harm he intended to do.

Civilly, you take your plaintiff as you find them, not as you wish they were. Had he caused serious injury, he'd be just as liable for those injuries from a position of ignorance as he would be from a position of firm intent to do harm. Again, the necessary intent to establish liability is firmly in evidence, and he would be responsible for the actual harm done.


Title: Real Estate: Is bankruptcy right for my elderly parents? [PA]

Question:
My parents own their home, did a refi/HELOC/something else so that they now hold $250,000 total liens against the home (I’m assuming it’s both 1st & 2nd mortgage). My 97 yo grandmother lives with them, and supplies about $800/month in pension/SS benefits to pitch in.

Their meager income doesn't cover all the expenses, and at this point they're behind on their municipal taxes to the tune of ~$15,000. I’m not in a position to help financially.

My question is: if they file for chapter 7, would I be able to purchase their home from them for $1, move in, and then assume responsibility for any regular monthly payments afterwards (like utilities and taxes)?

One plan we’re playing with is selling my house (with minimal profit, maybe $10k) and moving in to theirs to help with the burden, but with as little risk to me as possible. I'm trying to wrap my head around who would hold the title to the house in CH7 vs CH13, that sort of thing.

Other ideas are certainly welcome.  Thanks.

EDIT: Clarified back taxes are municipal, not federal/state

Answer:
 >My question is: if they file for chapter 7, would I be able to purchase their home from them for $1

No.  First, if there is a tax lien, you can't extinguish that with a bankruptcy. The mortgage is secured by the property, so the bank could pay off the $15,000 in taxes and foreclose on the house.  They would sue you into the stone age for participating in a fraudulent conveyance.

>One plan we’re playing with is selling my house (with minimal profit, maybe $10k) and moving in to theirs to help with the burden

Boundary issues aside, this is a really bad idea.  Their situation will deteriorate when your grandmother passes away. They need to sell this house that they cannot afford.


Title: [OH] I was sold a used car with a warranty that invalidates itself

Question: So I bought a used car for $3500 that came with a warranty. The problem is it has a switched out engine and the warranty paper work says it won't cover a car with an inaccurate odometer / a swapped engine.   I'm setting up an appointment with my attorney on Monday and bringing him all the paper work.  The ad for the car said I would receive a warranty am I right to assume this constitutes consumer fraud?

Answer:
 Have you spoken to the warranty company/dealer?
If so what was their response? as long as they will stand by the warranty then you are all good.


Title: minimum amount of square feet I should have access to in communal living

Question:
Hey kids,

So I live in my sorority house currently and I need to get out. Not only is it just not working for me but there's not adequate space to live comfortably. I live in a room with three people and most of our belongings are stored in the middle of the floor because there is no other option. I am trying to find out the minimum amount of space I am legally required to have access to while in communal living/shared rooms.

Our room is 12'x20' which is a total of 240 sq ft, or 60 sq ft per person

The closet inside the room is 8'x2', adding another 4 sq ft per person

We also have a hall closet (that I was kinda kicked out of, my roommates had me move all my stuff) which is 3.5'x6', adding another 5.25 sq ft

In all, I have access to 60 sq ft of bedroom space, or 69.25 sq ft including the closets.

Can I make an argument that this amount of space is not enough to live comfortably/ unethical?

Answer: Legally, your bedroom size is irrelevant.  If the room meets the legal standard in your state to be a bedroom, that's all there is to it.  There's no minimum amount of perosnal space required


Title: Bogus school zone speeding ticket (pics included)

Question:
Hi R/legal advice

I am looking for advice/constructive feedback in helping me fight a recent speeding ticket. I am in Texas if that matters. Here is a cliff notes version of what happened:

1. Received a speeding ticket for going 30 mph in a 20 mph zone (school zone). Regular speed limit on this street is 30 mph.
2. Went back to the scene of the “crime” and realized the school zone sign was facing the wrong way. It was my first time in this city so I had no idea I was in a school zone to begin with.
3. I informed the police station and showed them the videos of the sign and they sent someone out to fix it. I actually recorded the gentleman that came out to fix the sign and he admitted that it was facing the wrong direction.
4. I have videos and pictures of the sign before and after it was fixed. It took 2 days for them to fix it.
5. I have already pled not guilty and have chosen a jury trial.

Tbh, I had no idea I was in a school zone. There was nothing to indicate that I was traveling in a school zone and I was shocked when I got the ticket. Please provide me with any feedback or questions. Feel free to poke holes in my story. I will respond to every single comment. Also, I am not an attorney nor can I afford to pay for one. I also can’t afford to pay this ticket.

I have pics and videos of everything. If you want a specific video/picture just please let me know.

I have attached pics of the sign on the day I got my ticket then 3 days later.

https://i.imgur.com/iDHbRbh.jpg
https://imgur.com/qeaUIpk
https://imgur.com/J8KHYjX
https://imgur.com/h18Fr2H

Quick edit: There has been some question to whether the school was visible as I was approaching the school zone sign so I have attached another screen shot of exactly what it looks like as I approcach.

http://imgur.com/RUdDCq0

It’s somewhat difficult to see, but on the left side you have a massive tree line followed by a set of railroad tracks. The school itself is impossible to see beyond that tree line. It’s a small one story school in a small town. The school is only visible once you pass the school zone sign by about 15 or so yards.

Answer: I think you might actually have a valid defense to the ticket.  A traffic lawyer would increase your chances of having it dismissed or reduced dramatically.Answer #2: Only thing that I would suggest is to bring hard copies of the photos. Probably 8" x 10" or so.Answer #3: I just show up. Sometimes the ticketing officer won’t show and they throw out the case, with pictures it looks even better.


Title: (WI) Grandpa has advanced cancer, how do I ensure Grandma is not left homeless?

Question:
My grandpa (85) has advanced liver cancer that has spread to multiple organs and likely has a few months to live at most.  He is quickly deteriorating and is becoming very weak.  My grandma has been caring for him through a long period of illness; for the last four years he has been basically entirely dependent on her to bathe, use the restroom, eat... everything.  He will likely be admitted to the hospital tomorrow for several issues he has been suffering from and I am guessing they will have him go to a nursing home after that.  He is covered by VA benefits and may be able to enter a VA nursing home near our hometown.

 My grandparents own a small farm with about 60 acres, along with the home my grandparents have lived in for the past 50 years.  It is fully paid off, and they have it all in an estate along with a RV that hasn’t been sold yet.  I am the executor of the estate, though I was never given a copy of the will or anything (should I have one?).  The estate is to be divided up between my mom, aunt, cousin, and me when they pass.  However, my concern is that if my grandpa goes into a nursing facility, would Badgercare (WI medicaid) be able to seize the estate and force my grandma out?  She is on the deed, but I’m concerned she could be evicted to pay for the SNF.  To complicate things more, a portion of the land was signed over to my mom within the last couple of years and she built a home on it.  My mom is concerned that if it’s not within a certain amount of time before he’s admitted to the SNF the state will still be able to seize it (she said something about her hearing that it had to be signed over four years prior but I don’t know if that’s true or not).  Can anyone give me some insight on what to do, and/or what questions to ask their lawyer?  I’m going to call tomorrow and see if they can give me any advice specific to their situation but I was hoping I could get some help here so I know what I need to ask.

Answer:
 Get an Elder Law attorney ASAP. There are many ways to protect the other spouse financially.Answer #2: IANAL but, at least in TX, there is a homestead exemption where Medicaid cannot consider your home against you qualifying; I am not sure if the entire acreage would qualify or just the home and some land. And yes I believe assets signed or given away within 5 yrs are considered when seeing if the person qualifies for Medicaid.

It is not so much a matter of Medicaid “seizing assets”, I believe, as him not qualifying for Medicaid due to number of assets. It is not that Medicaid would evict her but that he won’t get Medicaid until he has under a certain amount of resources/net worth.

Consider talking to the social worker at the hospital they may have answers or can tell you where to go for them.


Title: Do I have any legal obligation to care for an estranged parent in her old age?

Question: I have been physically and emotionally disconnected from my mother for nearly 10 years now, and she has never been in the best state of health with her Multiple Sclerosis. My parents divorced when I was young, and it was a nasty divorce, and she was also a very absent mother before that. She dabbled with alcoholism, heavy smoking. She was a chronic spendthrift and still is with her alimony, and she ended up kicking my father and I out of our house with the divorce. Clearly, I want nothing to do with her in my adult life. She had fought her way to get anything she could out of my father, and I'm afraid she might do the same to me in 5-10 years time. I live in NJ. Basically, where do I stand in this matter? Doing some online research did not give me a straight answer.

Answer:
 no you don't.  but you might be responsible for some of her bills if she is deemed "impoverished" due to filial responsibility laws.

http://www.forbes.com/sites/northwesternmutual/2014/02/03/who-will-pay-for-moms-or-dads-nursing-home-bill-filial-support-laws-and-long-term-care/


Title: What are my rights when it comes to a strip search? Can I refuse?

Question:
Not sure this is the right place to post this.

I'm mostly interested in the laws in Austria, but any information regarding Europe, even the US, is welcomed.

I recently learned that strip searches are a thing. From what I've seen and read about other people's experiences, looking suspicious or being "chosen" by a sniffer dog can be enough of a reason for them to do a strip search. So, basically, no actual evidence seems to be required (sniffer dogs are very often wrong).

I'll be travelling a lot the next month, especially to Austria and a bit around Europe, and I'm honestly horrified of that happening. It seems so incredibly violating. I have anxiety and it's highly likely that I'd start crying, which I don't think would help my case.

I know it's not very probable, but if I do get selected for such a procedure, what are my rights? Can I refuse? Can I ask for some other type of search?

Answer: You can refuse to be searched. They can refuse to let you through security.


Title: Parking in a public residential street. CA.

Question:
Hey guys,

I live in Riverside, California and I go to UCR, a local university. So parking passes are wildly expensive and I can't really afford one so I park at a nearby residential street and skate to class. I've had no problems for over a year but someone in the area left a note on my car saying the residents of that street could have my car towed because they have "an agreement with the local police department". Now, I don't believe that. The only posted No Parking sign on that street is on a particular day from 7-12 every month for street cleaning and nothing else. Can I be ticketed/towed by these people despite not breaking any posted laws? At my last university there were posted signs around the residential streets because it was a real problem there but these streets have no signs.

Answer:
 No, the police are not going to tow you from a public street without proper signage.

Check your university's rules and regulations -- some prohibit students from parking in local neighborhoods.


Title: Employee ID # used illegally by ex employer to commit 1.5 mill of fraud. What are my legal options?

Question:
(GA, USA) So this past 5th of November 2018, we (wife and me) received a CP2000 Income Adjustment for tax year 2016. It said that instead of the $38,000 we reported for the year, it was in fact over $1.5 million that resulted with us owing over $700,000 in back taxes. Which is clearly a huge mistake.

Called IRS to find out what was going on. Turns out that, at the time, my wife worked for a local business. After she quit that year, the owner used her employee ID to create accounts with online vendors and sellers which resulted in us getting afore mentioned CP2000.

IRS has helped us and we have already faxed the required response back.
-Do not agree with changes.
-Signed letter stating wife was just an employee and not part owner of the company. Wife did not give them permission to use identity for his business.
-Now just waiting for final response from IRS to get this officially closed.

What are our legal options for the business owner that stole my wife's identity?

Answer:
 > What are our legal options for the business owner that stole my wife's identity?

As it turns out the IRS is going to be taking care of that for you. By ending him.

Your wife needs to run her credit report IMMEDIATELY and look for any other problems associated with this shitshow. Answer #2: You may have done this already, but you and your spouse should immediately file an IRS Identity Theft Affidavit. This will flag your IRS account and help prevent further abuses. The IRS will send you a special PIN by mail that you must use going forward to file your returns. https://www.irs.gov/pub/irs-pdf/f14039.pdf

You should request "wage and income" transcripts going back as far as when she began her employment with this company, and at least one year prior to that (to compare for accuracy). IRS transcripts are free. If you cannot request them online because of the current investigation, you can absolutely request them by mail. They take about 10-14 days to process and they will be mailed to you. https://www.irs.gov/individuals/get-transcript

Lastly, lock down her credit with a fraud alert, and also file an identity theft report with the FTC. https://www.ftc.gov/faq/consumer-protection/report-identity-theft

I suggest filing a police report as well. This level of tax fraud is well into felony territory.


Title: [CA] Phishing scam sent me money, can I keep it?

Question:
A phishing scam claiming to offer employment from Cisco sent me an email recently offering me a job. I sent them my resume(did not know it was a scam at the time) and they "hired" me. My first "task" was to pick up a check from a fedex office and cash it.I cashed the check and was then asked to send money to a "supplier", but more than what the check was for. It was at this point I realized it was a scam. My question is, would there be any consequence to keep the money the scammers sent to me?

Edit. I cashed the check through my bank, and they released a portion of the funds right away

Answer: That check is going to bounce in a couple weeks. Don't touch that money.


Title: Recently filed for divorce, husband has been terrorizing me for the last week, and has escalated to assault. Police have been no help, shelters are full, how do I get him out of my house??

Question:
I recently filed for divorce from my husband, and he has been living with me in our home (jointly owned) and has been very assertive in the fact that he won’t leave “his” property. Given the circumstances of our relationship ending, I reached out to a woman’s center for some help, and they helped me file a police report and try for a restraining order (I had reason to believe he would escalate his abuse) but it didn’t get approval. I didn’t have enough reason to be afraid of him I guess. I am stuck living in the house with him because my family does not approve of my decisions to leave him for his actions. Very old school “go home and work it out” attitudes in my family. Bless the woman at the center, she tried to find be a bed at a shelter all evening but resources are scarce in my area and there were no openings.

Starting a week ago today, my husband has been sexually terrorizing me in my home. Masturbating in common areas, leaving his bodily fluid on my property and body, and refusing to let me sleep (banging on the locked bedroom door at all hours). This led to him sexually assaulting me for the first time 3 nights ago. I have resorted to parking my car on the street and sleeping in it. I have tried going the police route again, they took my report and sent a detective to speak with me later at my home but it is clear that they don’t take me seriously and think this is just typical he said she said divorce drama.

My husband leaves for a little over a week for his job soon, would I be able to change the locks and keep him out that way? I have followed the local chain of command with the police here to the best of my abilities and have left countless messages but no is showing any sort of urgency and I need my home back, and I need him out of my life. My lawyer hasn’t been much help but they did advise me not to abandon my property or leave the state, which I’m not planning on doing anyways but at this point, I feel like he has me trapped because I don’t have “evidence” that I was hurt. I was also wondering if it would be legal for me to place cameras in our house to provide the “proof”? And could his actions qualify him to be placed into psychiatric care? Because I am fairly positive he is suffering from a nervous breakdown or something of the sort. My lawyer won’t be available for more questions until Monday so any advice on who I can contact for help or what my next step should be would be so helpful, I hate sitting here not knowing what I’m going to do and feeling so lost.
Topic:
Criminal Law

Answer:
 > would I be able to change the locks and keep him out that way?

No, outside of being barred legally due to a restraining order, he has the right to be in the home.  To change the locks would be an illegal eviction.

However, since the assault, it may be prudent to try getting a restraining order again, because the circumstances may have changed.  Talk to your lawyer and try to get things escalated while he's away.


Title: Bought Xbox for someone expecting to get paid back

Question: Well I bought an Xbox one for my ex girlfriend because it was on sale and she traded in her 360 to get the deal but she didn't have the money so she was going to open a credit card to pay for the Xbox one. Well me being the nice guy went ahead and paid for the Xbox and told her she could pay me back. I left for a deployment and she's still telling me she doesn't have the money and will refuse to pay me back. Is there anything I can legally do? Can I just take the Xbox back? Can I take her to court? Please help me she's being petty.

Answer:
 Assuming you are in the USA;

Do you have any proof that there was a contract or agreement that she would agree to pay you back?

If no proof, you may chalk it up as a loss and a lesson learned.  If you do, you can take her to small claims court for the fair value of a used xbox.  You cannot just "take it back".  If the judge thinks you have a compelling case, you will have a judgement against her.  If she is truly broke, it may be difficult to collect on the judgement.


Title: Are "Beware of dog" signs an admission that a dog is dangerous?

Question: Recently I had been told that having a sign that says "Beware of dog", or anything similar, hanging on your property is an admission that your dog/s are dangerous and would mean you are automatically at fault in the event one harms someone. Is any of this true, at least in the US?

Answer:
 This is one of those urban myths that persist. It has absolutely no bearing on whether or not your dog is going to be considered dangerous.

It will not make you either more or less liable for a dog attack. The only exception are places where signage is required (for example some places require signs for trained guard dogs).

I believe it came about because there have been cases where people have admitted to placing Beware of the Dog signs for dogs they knew were dangerous. But the key fact was that they knew the dogs were dangerous, the sign was irrelevant.

Side note: Each state (and some local districts) will have a specific law about dog bite liability. Most places will have strict liability (you are automatically liable anyway), with some variation on possible exceptions (like provocation, tresspassing, etc)


Title: VC 22348b- Driving over 100mph speeding ticket, the officer put my speed at 100mph. Any chance to get the ticket lowered?

Question:
Central Coast, CA

I received a speeding ticket for driving over 100mph, and the officer had my speed at 100mph. I wasn't thinking and forgot to ask to see the radar, so I'm not sure exactly what it said.

Given that there is some margin of error in radar speeds, it seems possible to argue that I could have been going under 100mph, thus the "Over 100mph" violation doesn't apply. Could the charge be lowered to a regular speeding ticket, or could it just be dropped entirely? I'm really hoping to avoid the two points on my record causing my already expensive insurance to go up. I should probably mention I have one prior speeding ticket on my record from a year and half ago.

Answer: You were going 100 miles an hour and you are hoping no points and no insurance increase? Get real.