Title: (Kentucky) Girlfriend signed temporary guardianship agreement with grandparents, but wants full custody back.

Question:
When my girlfriend's oldest was roughly four months old, she moved in with her grandparents and got a third-shift job. After about eight months she had gotten enough money to get on her feet, and moved into an apartment with a friend.

Still working third shift, her grandparents asked her to keep her child while she transitioned to a different schedule, so that raising him was possible. She agreed. It wasn't a legal matter at the time. Instead of a different shift, she quit her job because she was distressed about not having her child in her life. Her boyfriend at the time moved in to help with the bills, and to prepare to have the child move back in with them.

After that, her grandparents basically wrote her off as unfit and asked her to sign away rights. She declined. Then they asked her to sign off on temporary guardianship, but the paperwork was actually to sign away rights. She read it, realized this, and declined again. During all of this, her grandparents tried to scream into her that she was an unfit mother and that she should sign away her rights.

After several weeks of this, talking to their lawyer, her (dad's side) parents, and her other immediate family, she signed a temporary agreement for two years of temporary guardianship, that is still in effect. The day after signing it, she tried to petition the court to have her signature removed from it. When her grandparents received that motion, they cornered her and demanded she get the motion waived.

She didn't budge, and they entered case management over the motion. Currently, she has less than 50% visitation, and case management has been less than helpful. She frequently brings up in case management that she doesn't want to negotiate for more visitation time and instead wants her kid back full-custody, but case management just repeats that the initial temporary guardianship is for two years.

In the state of Kentucky, after 22 months, her grandparents can legally adopt her son, at which point her rights are permanently waived as a mother. The father's rights are also waived. It's legally an adoption, but they receive no money from the state as per standard adoption. They have absolutely vocalized that they intend to do that after 22 months, to keep her son from her for the rest of his life.

They don't think she's fit as a parent despite:
A. Living on her own.
B. Living in a clean environment that was cleared by CPS on a few separate occasions - the grandparents call for wellness checks roughly one in five visitation periods.
C. Having stable income.
D. Having another child, of which she has full custody, with no issue of any kind.

They aren't open or communicative in any regards. They don't answer their phone on any days other than for visitation, they don't communicate over make-up time for missed days (and won't let her take her son on vacations to counterbalance their vacations) and several other things (she didn't get her son on mother's day, part of the Kentucky Guidelines.) have basically led to both visitation and mediation breaking down.

She doesn't know how to proceed. I don't know how to proceed. I could really use some help to try and get her son back. I've really grown to appreciate having him around, and every time I tuck him in during visitation overnights, I fear for the fact that even if I have a life with my girlfriend ahead of me, that he might not be there.

Answer:
 Maybe she should get a lawyer.

You haven't been with her that long, I doubt very much you're getting the full story.  She quit her job because she was sad about not having her kid?  That's not how adulting works.Answer #2: There's a whole lot of holes in this story.  How old is mom?  How long has she been living where she's currently living?  Where's dad?  How much is she making at her job that she can support 2 children by herself?  Is she paying child support?  Does the child have a social worker?

This is sounding like a situation of young mom who wasn't quite ready to be a full time parent loses custody to grandparents, who won't give it back because they think she's irresponsible.

She likely can't just revoke guardianship at this point, but I don't get how TPR is even on the table at 22 months unless social services is involved.  And that's not a for sure type thing either--it's up to the agency to revoke parental rights.

http://manuals.sp.chfs.ky.gov/chapter11/37/Pages/1136InvoluntaryTerminationofParentalRights(TPR).aspx


Title: [OH] Trying to get my girlfriend a state ID, but can't - Update 2 [LONG]

Question:
UPDATE
I have contacted a local immigration attorney and will speak with them on 3/6. If they are unable to assist with this, then I will drive to our district Representative and see if we can meet.

___________________________

Still unable to get the ID. This will include the contents from the previous 2 posts.

Timeline of events related to proving her identity:

**January 2016**

My girlfriend moves from Florida to Ohio to stay with me. She's 17 at the time, and has no legal documents (She is white, American).

**February**

She opens an online store, and requires a bank account to deposit her received payments. We go to my local branch and they ask for a state ID to open her account, along with other documents.

We go to the local DMV and they ask for her birth certificate and proof of residency in Ohio, as well as someone at least 21 to sign off for her.

I go to the county building and am able to purchase her birth certificate for $20, and then go to the local Post Office for an official change-of-address form.

**March**

We have her birth certificate and change-of-address form, as well as being my dad as the person over 21 to sign for her. We head to the DMV and they say that they needed her legal guardian to sign for her as she's under 18, and that she also needs to bring her social security card.

Her mother is her legal guardian but she hasn't lived with her for 4 years. Her mother lives in Ohio but doesn't want anything to do with her. Her grandmother (who lives in Florida) had been taking care of her but was never her official legal guardian.

**April**

We head to the Social Security office to have a new social security card be mailed to our house. They ask for a state ID. We explained that we needed the social security card to GET the state ID. They asked for other documents that can help prove her identity -- bank statements, w-2 wage forms, medical records, or a school transcript.

She was taken out of school in 8th grade and was home schooled by her grandmother since. We contacted her last school and they wouldn't release her transcript to her without her mother's permission or until she turned 18.

She has no physical medical records and doesn't know exactly where she was born, other than that it was somewhere in Ohio.

**July**

She turned 18. We drive 5 hours to West Virginia to her last school and were able to get a copy of her school transcript.

The day we get back we quickly got to the DMV and they stated that the transcript needed to have her official address and social security number printed on it. We were furious. They also said that just a few days prior, the official change-of-address form from the USPS could no longer be used and they literally told us to go to Walmart and buy a fishing license because it'd be an official document with her address on it and you don't need any information to buy one.

We contacted the school and they stated they weren't allowed edit the transcript to give that information.

**August**

I discovered that you can get a US passport without a state ID as long as you have a legal citizen who has known you for 2+ years fill out a form verifying that you are a citizen.

We head to the passport office in my city and once the forms are filled out, the woman asked to see her social security card. We explained the situation and the woman said that she doesn't need an ID, but she did need 2 pieces of identification -- a birth certificate + social security card.

The woman there said there's nothing they could do and that we were in a pretty situation. She said she's never heard of someone in this situation before. We've all but given up.

At this point we have one option -- my girlfriend can get an Offender Release ID card if she commits a crime and gets released from jail/prison. This isn't really something we want to hope for.

**September**

We had a pregnancy scare. We got to Planned Parenthood to get birth control and once the appointment was set up they asked to see her ID. The lady there was extremely rude and was no help. She basically said "if you have a birth certificate you can get an ID".

**October**

I'd posted a thread on here and received two good ideas:

1. Get a voter registration card
2. Get short-term health insurance for a Health Insurance ID card

The voter registration card came back fine. Turns out it's useless for anything we'd need. The BMV and Social Security office won't take it. She would also still need her state ID if she wanted to vote in-person.

The health insurance card was very easy to get. We paid $40 for 1 month short-term life insurance. They verified her SSN and everything, and the cards came in the mail. Our problem is solved!

...Oh wait, Ohio requires either your date of birth or your photo ID be printed on the Health Insurance ID card to be used as identification. Hers has neither. Needless to say, we cancelled the insurance immediately (10 day refund policy).

**December**

We got in touch with my girlfriend's mom's ex-husband. He told my girlfriend that her mom stole his social security card and opened credit cards in his name. We have been unable to verify my girlfriend's identity on the http://www.ssa.gov/ website, and we feared that her mom gave her a false SSN and is opening cards in her name.

**January 2017**

I filed my tax returns online. My girlfriend was added as my dependent as I pay 100% of her expenses. When I submitted my tax return, it was rejected as it said my dependent's SSN did not match what was on file. I assumed the worst until I realized I made a typo in it. I resubmitted the tax return with the SSN that we were given and my tax returns were accepted. I now have these documents stating her SSN.

**February**

She was denied for a Library Card as well as a Planet Fitness membership as she needed a photo ID for both. This whole process is going nowhere. Her grandma said 2 months ago that she was hiring a lawyer to help us but we've heard nothing about it since.

Right before I made this post, I called the Ohio BMV to ask about using my tax returns and they stated that the tax returns would have to be for her, not for me. We went through everything again and she stated that she's unable to help without any proof of her social security number...

_______________________________________

We don't know what options we have at this point.

My girlfriend's mom refuses to talk to her. She never saved any of her documents so there's no social security card or original birth records. My girlfriend's grandma has never taken her to a hospital before and has never needed to use her SSN for anything.

She *was* immunized when she lived on a military base in Germany with her stepfather, but we are unable to access these records. She was either 8 or 9 at the time.

We have the following information and documents:

- Her birth certificate
- Her Social Security number (not card)
- Health insurance ID (now expired, doesn't display photo or DOB)
- Voter registration card
- Expired military ID (Expired in 2011, shows photo and DOB)
- Ohio Fishing License (Shows Ohio address)
- School transcripts from 2012 (Doesn't display SSN)
- My tax returns with her as my dependent

**UPDATE**

I have contacted a local immigration attorney and will speak with them on 3/6. If they are unable to assist with this, then I will drive to our district Representative and see if we can meet.

Answer:
 Did she have any income at all in 2016?  I'm assuming not.

Have you tried to pull her free credit reports?  They may require verification of ID as well, which would suck.  You'd at least be able to see if her mother was using her SSN.

Has she gone to the doctor for anything since she's been to Ohio? Can she go to a doctor and get some medical records going that way?  She could just get a checkup.


Title: What can I (17m) do to stay in California while my parents move to Colorado?

Question: My dad lost his job in a traveling agency due to Coronavirus. If we don't get income soon were putting 30 days on our house July 1st and moving from California back to Colorado where the rest of my family lives. My whole life is here from my girlfriend and friends to having my senior year at MY high school. Is there anything i can do to stay here? Ill do whatever it takes at this point, thank you for any advice or legal information

Answer: Nothing. You are 17, you live where your parents tell you to. There's no legal method to force your parents to support you living in California. You can move wherever you want when you turn 18.


Title: What would I legally be able to do if the man I have a restraining order against came into my workplace?

Question:
I'm 16, female and I reside in upstate New York.

 I got a restraining order against a man (who is biologically my family, but I consider the bastard nothing of the sort) when I was 12 following a sexual assault. I do not know how long it lasts, I didn't have any control over my case. My parents took a plea deal and he only got one year in jail and 20 years probation or something like that. My parents never asked me about taking a plea deal or anything of the sort. I'm mostly over it, but sometimes it makes me upset knowing that he could have gotten up to 16 years in prison but I never got that choice.

My mother, through some of our family members and googling, has found that he holds a job at a nearby mall. I work in the most popular diner in town, and every weekend I work I'm afraid he'll come in. I keep seeing lookalikes of him, and it just makes me more and more paranoid. It's not unlikely that he'll come in one of these weekends since he lives close and the diner I work at basically hosts the whole town with how many people come to eat.

Also at my establishment, we're not allowed to kick people out unless we're a waitress, and even then they are almost never allowed to kick people out. Even in cases of sexual harassment. I'm scared that if he comes in one day, there's nothing I can do. What if he approaches me or says something? How can I even begin to explain to my boss or co-workers that he needs to leave? If he comes in, would he be legally obligated to leave the property? Would/should I call the police on him?
Topic:
Criminal Law

Answer:
 You need to find out the current status of that restraining order. Some restraining orders in New York may be valid for up to five years, but others are only valid for a year, so you'll need to know whether it is already expired.

Assuming the restraining order is still valid and requires him to keep a greater distance from you than is possible in the diner, then yes, you can call the police and they will remove him from the property. You can also show the restraining order to your boss and have him or her kick the guy out; the main advantage to the police is they'll document the incident, so if he starts coming around after he knows you work there, it will be easier to get him arrested.

If he is still on probation or parole, you can also call his parole officer and ask them to remind him that you have a valid restraining order against him and he cannot come around your workplace, which is such-and-such diner. (He may have no idea you work there, so giving him a heads-up may avoid problems.) Find whether he's [under state supervision here](http://www.doccs.ny.gov/ParoleeLookup/Lookup.aspx).


Title: KANSAS: Employer paying me as a 1099

Question:
Hi,

It's been about a year, but I worked with a business and he paid me in cash and under a 1099. I wasn't sure if this was the proper way or not, but in Dec '17 he let me go due to us not getting along. I went to file for unemployment till I could find something else, but wasn't able to because he paid me as a 1099, and from my understanding that means I would have been a contractor, but I wasn't... I worked at his building and had a typical 9-5 type of schedule, etc.

&#x200B;

Was this legal? I ended up having to pay a crap ton in taxes because he never withheld them every pay day.

&#x200B;

Thanks

Answer:
 File an SS-8 with the IRS. They will determine if you were properly classified as an IC and if not will adjust taxes accordingly.

https://www.irs.gov/pub/irs-pdf/fss8.pdf


Title: What happens if I fail my first drug test for court ordered outpatient rehab?

Question:
So, I passed my probation drug test but I’m ordered to attend outpatient drug rehab. What would the punishment be if I were to fail this first drug test for drug assessment? Can I argue the results show a false positive because of other non-prescription medications I’ve taken?

Thanks. Also I’m in Ohio.

Answer:
 You could go to jail.

If you argue a false positive you are unlikely to succeed. I drug test clients for my job and some have used this excuse before. However, we know which drugs will cause a positive result. They can likely test you again with a more sensitive test and show that you're lying.

Best course of action is to not get high while you're on probation.Answer #2: Drug tests work by detecting specific metabolites from drugs like, say, benzodiazepines, and specifically indicate that. There are no OTC benzodiazepines or opiates. Answer #3: You can argue but it won't reduce the punishment for using drugs while on probation Answer #4: If you are legitimately concerned about a false positive, you can pay for your own more comprehensive drug test and argue results. If those results end up showing the same thing as the first drug rehab test, you'd end up with two drug tests that strongly show you screwed probation up.


Title: (NY) Laid off from national company but they aren't following the rules they set down, do I have any recourse?

Question:
I work for a company based out of Florida with offices all over the world, up until this Friday. I have been laid off, along with many others in the company, from various levels of employment.

We have been aware that these layoffs were happening, and the company has informed us step by step about the process. At my level of employment there were 40 people that they were bringing down to 10 positions. We were told repeatedly that we were only competing against others on our level by a VP. Management and higher up positions had to re-interview for their positions, but at my level we were only considered based on past performance and geography of your current location. We were also told multiple times that there would be no demotions for any person let go from any position. Upon being told I was laid off, I also learned that the person taking the position I had would have been eligible for was a Manager who had already been let go in the first wave of lay-offs by interview. I also was one of the top scoring past performance employees at my level.

I have been offered a small severance package, but it entails a waiver of any legal recourse if I sign it. All of these discussions were confidential from management, and as such never put in writing. I am just wondering if I would have any type of recourse, if it would be worth it to contact a lawyer. I am not looking to strike it rich, but I have given way too much of my life to this company over the last 10 years, and I have just purchased a house and have my first child due in approximately 3 months. I just want to be sure I am not settling for the small severance if I have any right to question their actions legally.

Thanks.

Topic:
Labor Law

Answer:
 Not legal advice but practical advice. Don't waste your time with that. Short of having a contract your employer is free to tell you something and then act in a different manner. Try to negotiate the best severance package you can get or get unemployment, whatever yields the most money for you. Focus your energy on getting a new job.

Even if you had a case, you'd spend months (if not years) waiting to get paid while this makes its way through the courts.


Title: [USA, WA] Brother's high school installed monitoring software on his personal laptop, logs everything done at home not just at school. Is this legal?

Question:
Note: This is a private high school in WA.

My brother just started high school and was informed all students needed laptops. The school bought them in bulk and sold them to students for around 1k, so I believe it is technically his now. He didn't sign anything and the list of programs that were supposed to be preinstalled was just basic MS office stuff.

So he gets the computer today and he has no access to an admin account, and there is a program that seems to log everything he is doing both at school (which seems fine) but also at home. Is this a legal issue at all or does this just come down to school policy? Does the fact that it is technically his device, not a loan from the school change anything? I just find it weird and a bit creepy they can see what he is doing at all times. Thanks for any help you can give!

Answer:
 Private schools have a lot of latitude in these cases.

Provided they're not doing things like activating the webcam / microphone, there's likely to be no legal issue here. If they are, that sound you hear is Pandora's Box creaking open.


Title: Public Intoxication

Question: My buddy’s been outta state and is visiting so we decided to grab a couple beers and go up to the skatepark. We were there for a couple hours minding our business and catching up when a cop pulled in at about 1am. He told us the park was closed. I said I didn’t know because the gate was opened. My buddy asked if we could just leave and the officer said no. He then proceeded to ask for our names and identification which I refused to give him since I saw no reason why I should. He called for backup and two more officers showed up. He kept asking for my name and I persistently stayed quiet. He asked my friend if he could search his bag and he said yes but the cop never did. I eventually gave him my name. There was an empty beer next to my left leg. He asked me about it and I said it wasn’t mine. He asked if I expected him to believe that and I asked him why he shouldn’t. He then became irritated and told the other officers he was going to write me a ticket. While he was in his car me and the other officers started talkin about our music preferences and whatnot. About ten minutes passed and the officer came back and issued my ticket. He stated I was “under arrest but I’m not taking you to jail”, but he never read my Miranda rights which I’m a little confused about. I asked him about the ticket (whether I had to go to court or if I could just pay a fine) and he said that it was a mandatory court date. I then signed the “citation” or whatever. The other two other officers offered a breathalyzer test to see if I was able to drive home. They seemed genuinely concerned for my wellbeing while the other officer seemed to just want to get me in trouble. Anyways I agreed to the breathalyzer and blew below .05 so I was good to drive. Btw I’m 2 months from being 21 but none of the officers brought it up. He only charged me with public intox. I then asked if we were good to go. They said yes. Told em to have a good night and we left. I’m wondering what I should do. If I plead guilty will it be on my permanent record? And since they only charged me with public intox and not underage drinking do I have a chance to fight it? Also since they can’t really prove that the beer was mine and I was drinking in public. Any help would be really appreciated as my court date is in less than a week. Thanks in advance.

Answer:
 Arguing they didn't charge you with enough crimes is an excellent way to be charged with more crimes. Due to your age, the charge could and might be added soon.

You mixed up when to remain silent and when to speak. You need to identify yourself, and then remain silent. Instead, you refused to identify yourself and said the beer wasn't yours, submitted to a breathalyzer not at roadside (just so you know, they were not concerned and they were nice because it got you talking and taking sobriety tests that could lead to extra charges) and screwed yourself pretty good. You should get an attorney because that isn't a simple citation, it will carry a criminal record once you're convicted.Answer #2: >And since they only charged me with public intox and not underage drinking do I have a chance to fight it?

You can fight it, but you should get a lawyer. Depending on your location, which you haven't provided, you could face a criminal record. Being compative probably turned a simple warning into a far more serious issue. Well done.


Title: [CA] I received a jury summons at my parents house despite not living there for years. I just found out and the appearance date has just passed. What steps do I need to take?

Question:
I moved to a different state (AK) in 2016 and have a permanent residence there. I’ve forwarded my mail, have a driver’s license/am registered to vote in my current state and everything, but somehow I still received a summons at my parents’ house. The problem is that whenever my parents got mail for me they just put it all in a pile and gave it to me when I came home for the holidays so I didn’t learn about this until now; I didn’t even know they were still getting mail for me, and somehow they failed to notice it was a jury summons.

What do I need to do? I feel like I’m in deep shit but if there is a way to reschedule or rectify the situation, I want to make it right and make sure this doesn’t happen again.

Answer: Contact them and tell them you moved.  They will most likely require proof.


Title: Extremely unprofessional interview, possible EEOC violations

Question:
I'm 7 months pregnant, so I knew right off the bat when the interviewer couldn't keep their eyes off my stomach that this was going to be an interesting experience.
Despite my experience in related positions, the interviewer couldn't steer away from questions like, "Do you have children?"
"Are you married?"
And finally,
"Are you preparing to have a family soon?"
I finally got irritated at all the dancing around the pregnancy question and told her I was expecting.

Should I report this to someone? It's a large corporation and I felt insanely disrespected.

Answer:
 If you don't get the job and you feel that your marital or family status played a role in that, you would want to contact the EEOC.

Reasonable minds will differ but I'm of the opinion that, to the extent that you have a good contact at the company that you were corresponding with, it might be helpful to send an email indicating that you enjoyed the interview and that, with regard to the numerous questions about your marital and family status, you are fully able to perform the job functions. While nothing may come of it, it's entirely possible that someone competent in their HR department will immediately figure out that they're fucking up and step in to make sure you're not being discriminated against. Again, not a legal requirement at all but the only way it could really hurt you is if you feel that but for that step, you would have received a rejection email literally stating 'we don't hire pregnant women'.


Title: I've been accidentally buying and using possibly stolen gift cards with bitcoin

Question: [deleted]

Answer:
 In short, no.

You've been notified by eBay that this method is resulting in you buying stolen gift cards.

You're "starting to suspect" that many or all are stolen.

And you want to keep doing it because you're profiting on it.

So, in essence you're asking if there is a way to buy stolen gift cards without getting in trouble for it.

And we're not going to help you do that.Answer #2: > Is there any way that I continue to make these trades and protect myself legally?

Ha.  No.  You can't claim ignorance when you've been warned that these aren't legitimate.  Here's a free tip:  No one's going to pay you an 80% markup just to stay anonymous.  These are all stolen, and you should stop doing it entirely.


Title: My ex-employer is threatening to sue me over an accident that happened in December.

Question:
Hello, and thanks for reading.

I was working for a bakery until about a month ago baking and delivering bread in a company van. In December, I failed to yield and caused a collision with another driver. A police report was filed, I paid my fine, and did the basic driver improvement course to negate any points on my license. This was in December.

Fast forward to last month. I was sick of my employer treating me like garbage, changing my hours around, and cutting my hours, so I decided to quit with no notice. He did not take this well. I sent him a message today with my address and requested that he mail me my final two checks that were due two weeks and four weeks ago, and he responded with this:

"I just obtained the police report on your traffic accident you had with my van and also have the repair bill that is a little over $1200 so if you could please write me a check for this I would appreciate it or I will see you in court thanks"

Can he actually sue me for this? I was in a company vehicle doing responsibilities of my job at the time of the accident.

Thanks in advance for any and all help.

Answer:
 He can not withhold your check for this.  File a complaint with the DOL.

As for you paying for the vehicle repairs, pretty sure he can't insist that you pay for them as you were working as an agent of the company at the time of the accident.Answer #2: He can't sue you for this for several reasons, not the least of which is that you're his employee driving a company vehicle, but the most important is because No Fault.  Even if he could sue you for the mini tort, he'd be capped at 1 k, IF his deductible was for 1k. Basically, you can only sue for collision damage to get back your deductible.

Edited to add: don't be surprised if you and the company get sued in about a year or so for the collision.


Title: (Washington State) What can I do if my previous landlord keeps delaying my security deposit?

Question:
Some Background: I moved out of an apartment complex last month (May 25th) which is the move-out day. A few days after I moved out, I went to the leasing office about the security deposit and they told me that they would send the check in the mail to my new address and as well as a list of the deductions to my security deposit. This part was very clear and understandable since they've already inspected the apartment and made reasonable deductions to the security deposit and also told me the amount they owed me. About two weeks later, I received a mail from them but there was no check inside the mail. There was only the list of deductions inside the mail.

So I contacted them and they said that they would check with their company's accountants and call me back but I never got a call back.

The problem: It has been more than a month and I have received nothing and in the apartment contract, it says that security deposits will be returned no later than 21 days as by the state law. I have called them multiple times and each time getting different answers. Most of the time they say that they can't do anything about it and are waiting for their company's accountants to respond to them and refused to give me the contact information for the people dealing with my check. Sometimes they would say that they have no hand in dealing with this matter and can't do anything about it and know nothing about it.

I'm not really sure how to go about this and since I have been waiting for a while, I feel like I should do something about it.
I would like to add that I am an international college student, studying in the US, so I'm not really familiar with the laws about this topic.

Any advice on this subject would be very appreciated!

Answer:
 You send them a letter that says something like this:

I’m writing to formally demand the return of my security deposit pursuant to RCW 59.18.280.

[general facts + amounts paid and when, + when you called and who you talked too]

As you know, RCW 59.18.280 requires you to return my security deposit within 21 days after the lease has concluded. As 21 days have lapsed since my lease has ended, I am demanding that you refund my entire security deposit within 5 days. Pursuant to RCW 59.18.280(2), you are no longer permitted to provide a statement of costs to be withheld; you must return the entire security deposit immediately.

Should you not return my security deposit within 5 days, I shall file an action seeking the return of my security deposit, plus all statutory damages, costs and fees recoverable by law.

All rights and remedies are expressly reserved. Should you have any questions, please contact me.

Sincerely,


Title: [CA] Quit job last paycheck not signed by boss

Question:
I work in CA I quit my job, found a better one, gave 10 days notice and received my check as I left yesterday; however, when I went to deposit it I noticed it had no signature. My ex-boss can't meet me until tomorrow to sign it and I need it to pay rent and bills. What can I do?

Edit: Also wanted to add that I just changed banks and they let me know that they would have to hold any checks over a certain amount for 5 business days which is why I'm wondering if there's anything that can be done.

Answer: I'm pretty sure once it's signed you can cash it at the bank that issued the check. You could also cash it with a check cashing service for a small fee.


Title: [OKLAHOMA] my soon to be ex took degrading pictures of me while I was sleeping. what do I do?

Question: currently in a verbally and emotionally abusive relationship, I'm working on getting out (all without his knowledge) I'm just trying to tie up loose ends. A few months ago I fell asleep in one of the recliners in our living room and when I woke up he had his phone out and showed me ALOT of pictures he took of me with his penis out and on my face in various different places. near and almost in my mouth from what I can remember. he only showed them to me that one time then refused to delete them when I begged him to. be he wouldn't even show them to me again when I asked. he laughed and thought it was funny and never showed them to me again. I feel so violated. what can I do? press charges? ensure somehow they get deleted??

Answer:
 You can file a police report. They may or may not investigate, especially if you are unsure of whether he still has the pictures or not. Answer #2: > ALOT of pictures he took of me with his penis out and on my face in various different places

So he sexually assaulted you, repeatedly, and kept photographic evidence? Idiot. File a police report.

[SB 1257](https://legiscan.com/OK/bill/SB1257/2016), from last year, also criminalizes distributing intimate images of a partner without their consent. I believe this bill has passed, but I can't find it in any of the collected statutes, yet.

> B.  A person commits non-consensual dissemination of private sexual images when he or she:
>
> 1. Intentionally disseminates an image of another person:
>   a. who is at least eighteen (18) years of age,
>   b. who is identifiable from the image itself or information displayed in connection with the image, and
>   c. who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part;
>
> 2. Obtains the image under circumstances in which a reasonable person who knows or understands that the image was to remain private; and
>
> 3. Knows or should have known that the person in the image has not consented to the dissemination.

It's not _completely_ clear that nonconsensual photographs would fall under this, but they could. Let the cops worry about that aspect of it; this is a criminal issue, so it's their problem.

Let your divorce attorney know, as well, and ask for their advice.


Title: [FL] If I'm involved in an accident, am I required to see the other person in the hospital?

Question:
Florida -

I was involved in an accident where a pedestrian disobeyed the traffic signal and was injured by my vehicle as I was driving. Note: They are okay.

I've been told it's not a good idea to visit them in the hospital, but I've also been questioned as to why I haven't. I need to know if it's advised to visit someone who's been involved in an accident at the hospital.
Topic:
Traffic and Parking

Answer: No, it's neither advised nor required.


Title: PA - Student's Privacy Policy at a Private University in Pittsburgh

Question:
Past weekend, a student (21 years old) has violated one of the community standards policy by overdosing on heroin on campus dorm and getting sent to ER at a private university in Pittsburgh, PA. He has not currently have any criminal charges.

He agreed to take a leave of absence for two semesters instead of getting suspension from school. The school is forcing the student to call his parents informing what has happened the past weekend. The student agrees that he should inform his parents, but the university wants him to call his parents in front of one of the school advisors. When the student told the school that he feels uncomfortable doing so, the university told the student that they will give his parents a call to check he told everything to his parents.

When the student argued that this is the violation of his privacy, that he is an adult and this is his private life, the school simply said the case is so severe (especially because he suffers from depression) that his privacy cannot be protected by the law.

Is this really true? Is his privacy rights thrown out the window, because the case is so severe? He has not any consent form signed that the school can disclose the information.

Thank you so much in advance.

Answer:
 > Is this really true?

The following are generically true:

1.  In situations where one is likely to harm himself, or others, virtually all prohibitions against information release disappear.

2.  The Family Educational Rights and Privacy Act(FERPA) would generally prohibit release of "educational records" to the child's parents.  However, "educational records" is pretty narrowly defined, and to the best of my understanding does not include disciplinary records unrelated to academics.

3.  No general "right to privacy" exists.  It is perfectly fine for nearly anyone to call his parents and tell them that he overdosed.  Medical professionals are generally barred from releasing medical information, but see #1 above.

In short:  unless an educational or medical professional, anyone can tell anyone else about his overdose.  Educational professionals are free to talk about non-educational records, which this likely is.  In that case, he would have no recourse.


Title: Stole a cat

Question:
A friend of mine found a neighborhood cat on the road yesterday, so she put it in her car and drove to her boyfriend's house where she said her boyfriend is "adopting" the cat now. I know this because she documented it all on snapchat. I saw the cat and it was very obvious that it belonged to someone and was not a stray. After sometime talking to her last night, I eventually convinced her to return to the area today and post fliers or even go door to door saying they found a "lost" cat. Now, I found out her boyfriend who was keeping the cat, let the cat out of the house and the cat ran away.

I'm honestly livid at their disregard of the cat's wellbeing, the fact that that cat likely belonged to a family and they stole it, and how the fact that they justified taking it as "it was a fun day" and now that it's missing they're saying how it's not their fault.

What can be done legally? I have plans to print out a picture of their cat (thanks snapchat) and take it door to door in her neighborhood to find the true owner then tell him/her the situation and give that person my friend and her boyfriend's information. I figured if that person could do whatever they liked with that information, such as going to the police or contacting them directly.

So that the bot is happy, I'm located in a small city in South Carolina

Answer: Legally, your friend is liable for the cost of a cat.  Cats are pretty cheap.


Title: Is it illegal to fake my own death

Question: I mean without any fraud or filing false police reports or anything. Just. Say I collected my own blood and then spilled it in a bathroom and disappeared one day

Answer:
 You would be better off skipping the spilling blood step and just disappearing. That actually happens quite often, and is the reason there are procedures for declaring someone dead.

You may be interested in the case of [Donald Miller Jr.](https://www.dispatch.com/article/20131010/NEWS/310109586), who disappeared from Ohio after losing his job and was declared dead. He later turned up again over ten years later and requested his death be overturned, but his request was denied.

Of course, Donald Miller Jr. probably got off easy, as most people who abandon their children and disappear are required to pay back child support when they are found, such as [Richard Hoagland](https://www.indystar.com/story/news/crime/2018/05/19/indiana-man-abandoned-family-ordered-pay-2-million-child-support/625692002/). If you don't have any dependents then the legal system is unlikely to care about your disappearance.


Title: California. Neighbor filed a tro/ domestic violence against my mom

Question: what is it? what can i do about? do i call the number they provided?

Answer:
 You can't do anything about it. Your mom needs to stay however far away from this person as the order says and make 100% sure she does not violate the order.

There should be a hearing date coming up somewhat soon where she can argue her side in court and explain to the judge why a permanent order should not be granted.


Title: I need help.

Question:
I originally posted on r/povertyfinance  but was told to post here and r/personalfinance
 I appreciate any help!

I am 18 years old and my father left me and my mother to Mexico because he was fed up with American life.

I told him to to cancel all things such as phone plan, internet plan, satellite TV and we are starting off with only wanting to pay rent, car insurance, water and light, and the essential such as food

I was hoping to attend community college this coming year but I’m reconsidering heavily now.

Together me and my mom have about Four Thousand dollars saved and I make 12.00 an hour working 40 hours a week. My moms making about 600 a month cleaning houses but shes looking to move on somewhere else in a month.

Expenses are:
Rent:$925
Car Insurance: $100
Water and light:$50-60
Food: $200

My father has his own debts that he is leaving behind.  How can I avoid those debts being transferred on me? What can I do to stay afloat?

EDIT: I now understand that debt can’t be put on me. Still looking for any advice to make sure something won’t hit me later by surprise
Topic:
Other Civil Matters

Answer:
 > How can I avoid those debts being transferred on me?

Did you co-sign on any of them? Why would they be transferred to you?


Title: Mobile Courthouse! (NC)

Question: Tonight, the local police are having roadblocks and they've decided to have an RV to detain and prosecute people on the spot. I was hoping some of you could enlighten me on what I could do to protect myself if I were to be stopped and detained. (I'm not leaving the house tonight because of this.)

Answer:
 People do not get prosecuted on the spot.

However, there may be a judge there to issue search warrants so that they may draw the blood of someone they think is intoxicated.


Title: Who is responsible for hazmat cleanup with a tenant dies in the rental property?

Question: My friend came home after a few days away to find his roommate of 10 years dead in the house. My friend was not super close to his roommate, and doesn't know his roommate's next of kin. The coroner notified the family of the death. His landlord says that he is responsible for arranging and paying for a hazmat cleanup. Is this legal or is the landlord or the deceased tenant’s estate responsible? My friend lives in South Carolina.

Answer:
 If your friend is the sole leaseholder of the residence he can be held liable for cleanup of the residence depending on the lease itself.  Multi-party lease would put cleanup fees on the estate of the roommate or landlord depending on lease.  Not being heartless but it is the way it is.Answer #2: Deceased tenant’s estate is responsible for any and all bills and invoices associated with an estate. Landlord may sue the estate to cover any actual damages suffered. They do so if it is worth the time and effort to make a claim on an estate too small to be worth the trouble.

Of course, that is the technically correct answer. The reality is that most tenants don’t have enough stuff to their name that could be sold to make up the difference, and their estate consists of a car and a couple hundred bucks worth of personal belongings...so yes, the landlord will be the one who repairs the apartment, dumpsterizes the contents, then keeps the deposit to cover cost damages, notice sent to the tenant’s last known address, and moves on.Answer #3: The cost of the cleanup will be covered by your homeowners / renters insurance. I’ve been through this before unfortunately.Answer #4: Wait are you saying that your friend lived with the roommate for 10 years and was not close with him?Answer #5: Hazmat?  How long had the roommate been dead? Was it a natural death?  Did he have a contagious disease?


Title: Hourly employee expected to work for free on my days off. How legal? [TX]

Question: So I recently was hired as a lead host / event coordinator at a restaurant in TX. I am being paid hourly. However, my employers expect me to "keep up on emails" and be readily available to guests, including my days off. I'm a new hire. For example, Mon/Tues are my days off, both days I spent a full 3 hours (6 hours) emailing, working from my personal PC, and I am not getting paid. Initially after my hire they got upset with me for ignoring my emails on my days off - but I am HOURLY not salary, so it seems illegal that they are expecting me to work for free. It feels like they think it is simple, quick work but it is not, I have to spend a good chunk of my "day off" (3 hours or so)attending to guest needs with no compensation. And being paid $15/hour when I am actually there (plus a small tip pool) does not seem right. I don't want to get fired, I need this job to pay my bills, but wondering what my rights are, what I can do. Thanks

Answer: You have to be paid for time worked. Did you explain to them that you would be willing to work on your days off but you expect to be paid? Have you been keeping track of hours?Answer #2: A smart company actually tells it's hourly employees "Don't you dare perform any work from home because we don't want to be sued under the FLSA for not paying you overtime"


Title: My landlord is always on my property. Is she breaking the covenant of quiet enjoyment? Mississippi

Question:
My landlord lives next door to me and she does some really weird stuff.

* puts her trash by my driveway
* let my dog out once to roam around my house when I had a dogsitter stopping by multiple times a day (I was out of town and came home to an accident in my bed)
* unplugged my Christmas tree when I was out of town
* sat on my porch swing with another female when I was out of town (I have a friend who saw her when she stopped by my house)
* opened my kitchen blinds

I'm 99.9% positive that she comes in my house unannounced ALL THE TIME. In the fall of 2018, I had a very hectic week and left towels on the bathroom floor. It wasn't long before I had a notice on my door reminding me to keep towels off the floor.

&#x200B;

I have made her aware that I have been clinically diagnosed with anxiety. These instances have exacerbated my feelings of anxiousness. I feel like I'm constantly being watched and monitored. She has been absolutely awful! It upset my dad after she unplugged my Christmas tree to the point where he began questioning if she was violating my religious rights by doing such a thing.

&#x200B;

On April 9, 2019, I received a notice to vacate the property "on or before July 31, 2019." My lease ends July 31, 2019. I'm moving out on May 25, 2019. I was originally just going to pay my June and July rent to keep the peace until my friend saw her on my porch swing hanging out and chatting with an unidentified female. First of all, it upsets me that she thinks she can just hang out on my property, especially with someone that I do not know. Secondly, I'm upset because I installed that porch swing. It's not like it came with the house.

&#x200B;

Tomorrow I am sending a certified letter to my landlord, the property owner, and the property owner's attorney stating that I will be vacating the premises on May 25, 2019 per their request to vacate on or BEFORE July 31, 2019. I installed a wireless camera today that begins to record when it senses motion. It will also notify me on my smartphone, and I can record the live feed that will save directly to my phone. In hindsight I see that I should have put up a camera sooner. I'm doing this now because I have a feeling that she will be in my property more once she receives my letter.

&#x200B;

I'm curious to know if I can get out of my lease without penalty due to her actions and/or the phrasing of the notice to vacate. I'm also curious to know if there's any additional advice regarding the matter that someone could offer.

Answer: Does your wireless camera record audio?  If it does, you should familiarize yourself with the state's wiretapping statutes.


Title: Failing a drug test in PA

Question: So i was arrested in march for DUI and possession of marijuana. I recently had my preliminary court hearing on Thursday July 23rd. At the preliminary i requested to apply for the ARD program (first offenders DUI program). I was set on an unsecured bail and was told to check in every 30 days and could be selected for a random drug test at anytime. I thought i would have time to get clean so on sunday i smoked pretty heavy as my last time smoking. Today i get a call saying i have to go in for a drug test. My question is what will happen when i fail? I told the man on the phone that i would fail and all he told me was to tell the person tomorrow but he didnt say what would happen. Any advise would be appriciated. Thanks

Answer:
 They will likely revoke your probation and you'll end up with a conviction for the DUI and the possession (if the possession was lumped into the probation). You would've thought that being given a way out of a criminal record would have convinced you to stop doing drugs, but I guess not.Answer #2: you will have your probation revoked and return to courts or a sentence on that orig charge, and likely more charges. don't do drugs In this situation, it isn't complicated.

if you had to smoke up to prep for a long time without smoking, you likely have an issue.


Title: Being sued for $80,000 but have no money to pay for it.

Question:
So my dad is suing mom for $80,000 and having never dealt with any situation like this, we're clueless as to what we should do. I would really appreciate any advice because right now I don't even know where to begin.

My parents recently separated a few months back (not divorced yet but dad kind of just packed up and left the house abruptly) due to family feud. Things had been stale for a while but today mom suddenly received a message informing her to expect a $80,000 lawsuit in May from dad. We have not received any letter yet to find out the exact details but our guess is that it's over the house that dad and mom purchased together (the house had always been under only mom's name from purchase). The house isn't all paid for and we are barely paying off mortgage every month right now. We have no money saved up at all. I need a general direction as to what course of action we should take or what we should expect out of this. Do we just give up the house? What do we do about the $80,000? How much will the lawyer fee cost? We've been basically living day by day so we have no idea how we're gonna afford anything like a lawsuit.

Thanks in advance for any help.

Edit: Sorry I originally posted this on r/personalfinance where I was told to post here instead so I just copy and pasted in a hurry and missed the rules. I'm in Ontario, Canada.

Answer:
 Wait until you are actually served a summons from court, then take the information to an attorney. I would also suggest that your mother try to find a divorce lawyer to help her navigate what sounds like is going to be a nasty divorce fight.Answer #2: Your mom needs a divorce lawyer.  You didn't put your state in, marital property laws are very state dependent. But regardless divorcees don't just cherry pick one detail.

You do nothing but get a lawyer now would be good.


Title: [California] My employer, a foreign company operating in the US, is doing something sketchy but I'm not sure if it's actually illegal.

Question:
I work at an Asian flight school operating in the US.  We train students for the airline that owns our school, and no one else.  We are currently trying to get approval from SEVIS (Student and Exchange Visitor Program), a part of ICE, to train foreign students here in the US.  I am one of the Designated School Officers (DSO) but thus far my actual experience doing anything SEVIS-related is extremely limited.

Here's why I'm scared.  A couple of weeks ago I was copied on an email from SEVIS saying that our application (which I never saw and had no part in preparing or submitting) was denied.  The email was an extremely long list of why our application was denied, with an addendum stating basically that there are many more reasons for denial but they didn't list them all because there were too many.  So I looked over the reasons and the application (both attached to the email) and I was shocked.  It was like whoever sent in the application didn't even try.  Our syllabus didn't add up.  The document we sent in as proof that we can operate as a school in the state of California was a letter from the Bureau of Private Post-Secondary Education which stated (and the denial letter quoted this part) that this letter does not serve as approval to operate as a [school] in the state of California.  Required documents were missing, things were filled out haphazardly at best... in any case, it was a total mess. Not a single thing was done correctly.

Here's where I got freaked out:

When I went to question my bosses, one of whom is our Primary DSO (unsure of the title) about what we were going to do about appealing and why our initial application was such an embarrassing mess, I was waved off and told that we (the school) didn't have to submit a correct or complete application, obtain the required approval from the BPPE, or meet any other requirements because "powerful people in (Asian country where the company is based) are going to push our approval through."

But... SEVIS is run by ICE and Homeland Security.  I thought they tended to frown on this sort of thing.  Now my name is attached to this fiasco because I'm a DSO, and that's why I'm scared.  I figured I'd report it anonymously and let the government decide if it was a crime or if they cared about it, but my google-fu has failed me and I can't find a way to do that.

So my questions are these:  Are they breaking any laws, or just being slimy?  Do I need to report them to someone?  If so, who, how, and can it be done anonymously?  I am afraid of retribution both inside and outside the workplace.  Thank you for any help.

Answer: IANAL, but I would stay clear/look for other employment. I am not sure on the legal action, but I will venture a guess that after 9/11, the US Government isn't too big on letting unlicensed/undocumented non-citizens learn to fly over our lands. Also, I am not sure you have much of a defense in, "I was just doing my job."


Title: Crossed Double White lines while in California HOV Lane (I-110 Freeway) Got a ticket!

Question: [removed]

Answer:
 > [Double white lines are two solid white lines that indicate a lane barrier between a regular use and a preferential use, such as a carpool/HOV lane. Never change lanes while in these lanes; wait until a single broken white line appears. You may also see these parallel lines in or near freeway on and off ramps.](http://test-www.dmv.ca.gov/pubs/hdbk/traffic_lanes.htm)

I'm not sure the "nobody has pulled me over any of the other times I've broken the law" defense will help you.Answer #2: The fact that the cop is "young" or "CHP" has nothing to do with it. You broke a law and got caught.

And as a Southern Californian: you are not smart, you are looked upon as a douche to all of us, and we would all have loved to see you get the ticket.Answer #3: >what do I do to defend myself in court against this?

You plead guilty and request a reduced fine plus traffic school

Pretty sure the "young cop" will be at your trial.


Title: Doctor Yelled Private Information in Public Waiting Room

Question:
I am not sure if this is the right place for this or if I phrased the title correctly but we were hoping for some pointers in the right direction. I think a doctor my gf was going to broke the law or medical rules.

I went in with my gf to here final checkup appointment for a procedure she had gotten done on her arm. The procedure was supposed to hide/cover up some scaring from self harm in her past. Obviously she shared this information with the doctor.

She has had a terrible experience at every check up since the procedure was done. On the final check up she told the doctor she was not satisfied with the results and wanted to know what we could do from there. The doctor became very defensive and told her it was her choice to go through with it, etc. Of course that is true and she reluctantly agreed. As there was nothing more to be said, we got up to leave.

This is where I think the doctor broke the law or medical rules. On our way out, in the reception and waiting area, we were leaving quietly and the doctor said loudly 'maybe you shouldn't cut yourself'. The two receptionists were right there and it was said in the publicly accessible waiting room. No one else was in the waiting area at the time.

My gf did kind of snap and turned to scratch his eyes out (she never touched him) but I stopped her and she swiped some pamphlets off the reception desk. That was it and we left.

The doctor weaponized privately shared information to humiliate and hurt her. Is what he did a HIPPA violation? Isn't it illegal to talk about a patients privately shared information in public? Is there anything we can do other than speak to an attorney? Any information would be greatly appreciated.

TLDR: GFs doctor said 'maybe you shouldn't cut yourself' to her in the publicly accessible waiting room, in front of reception.

Answer:
 That's rude and unprofessional, but it's *barely* a HIPAA violation. No other patients were there, so the only people who heard are employees of the practice. HIPAA generally operates on a "need to know" basis. In other words, staff members should generally only learn patient details relevant to their job duties. So in this case, the staff members probably shouldn't have overheard that. But they may have already known it for appropriate reasons.

You can file a complaint with HHS, but almost certainly nothing will come of it. And your girlfriend again almost certainly has no viable claim against the doctor. HIPAA has no private right of action, and any state privacy lawthat she might otherwise sue under requires damages, of which there are none.


Title: (Ut) Need advice on getting a dog back.

Question: [deleted]

Answer: Lucy is property. There is no such thing as shared custody with pets. Ann can sue Corey for the cost of Lucy.Answer #2: Ann, presuming she can prove ownership of the dog, can sue Corey for the fair market value of the dog.  As is discussed often in /r/legaladvice, dogs are (for better or for worse) property under the law.


Title: Soon to be ex-wife (21f) filed a restraining order against me (20m) under the pretenses of domestic violence.

Question: [deleted]

Answer: If you ever want to see your guns again, or ever be able to legally posses them, then you better give them to a friend for safekeeping until the restraining order is lifted. If you get arrested for refusing to hand them over, don't expect to get them back.


Title: Mortgage Gift Letter Bank Fraud.

Question:
I just learned today that the gift letter that was provided from my brother to secure my mortgage was increased/forged by my bank. I live in a small town Alberta Canada and don’t have to many resources so I’m coming here for advice.

The letter was changed from $5,000 to $50,000.

The bank wrote a letter to me taking responsibility for this, admitting it was changed, and that they fired the person who did it.

It has put me in a bit of a bad situation as I’m now in a different financial standing and I can’t afford the mortgage right now. I learned all about this when I went to refinance my home, which I was denied. I feel I wouldn’t have been approved for such a mortgage if they didn’t forge the letter. I’m stuck. Not sure what to do. Please help.

What should I do? Can big banks do this to people and just get away with it? Isn’t fraud a crime? What kind of legal action should I look into?
Topic:
Canada

Answer:
 You should talk to a Real Estate Lawyer about this, because the story doesn't make sense.

Gift letters are only used when a borrower does not have enough money to meet the 5% or 20% principal payment on a house, and borrow a portion of that payment from family. The bank needs to know that the money is a gift, and NOT a loan from your family member.

If your brother gave you $5000 to help you buy a house, and the rest of your down payment came from your own money, then there would have been no reason to increase the gift letter to $50,000.

If your brother gave you $50,000 to help you buy a house, then there would be no fraud.

This doesn't make any sense to me, and *you* might actually be at risk of having committed fraud. The bank certainly has no obligation to lend you money again if you obtained the first term fraudulently.

So how much of your own money went into the house? How much came from family?


Title: Waterfront right of way in maine

Question: I'm moving into a waterfront house soon, and the previous owner was somewhat absent these past few years(and it seems one of the neighbors might feel perhaps more entitled than they should).  The property comes with some private frontage and a dock.  my frontage abuts a 30' right of way for the road.  I've been told by a neighbor that another neighbor puts out a dock on the right of way and that they also want to put a dock on the right of way.  I'm not sure I actually care whether or not they are legally allowed to put up docks so much as I want to know what the legality is in case there are problems down the road with respecting borders.  How can I find out what their easement agreements are?  I looked at some Maine law and it seems to me that they would have to have specific language in the document to permit them to have a dock there.  I also feel a bit like an ass for caring about this, but I suppose I need something to worry about with this being the largest purchase in my life, and also I don't want a third or fourth neighbor trying to shoehorn a dock in there and want to know my specific rights in this case.  Thank you all for your advice!

Answer:
 >neighbor puts out a dock on the right of way and that they also want to put a dock on the right of way

I think a shitty MS Paint diagram would clear this up. Your post has all the fixings of adverse possession. The theory being that an owner who sleeps on their rights loses them. That entitled neighbor might end up legally owning property that once belonged to your or the previous owner, provided he meets certain conditions. You say this is the largest purchase in your life, so it sounds like you bought the house. You should have a title search, title insurance, a warranty of deed, etc. that shows all of the encumbrances on your property.


Title: What happens if I stop paying my "landlord"?

Question:
Fourteen months ago I signed a lease with my landlord (Bill, for the purposes of telling) who represented himself as the owner of the property. Six months ago I found out that he was not, in fact, the owner. The actual owner (Ted) found out that Bill was subleasing the property, in violation of Bill's lease with Ted. Ted and I have been in touch, and Ted has indicated that he has served Bill with a 60 days eviction notice and would like to sign a new lease with me directly. Ted also revealed that I have been overpaying Bill by about 30 percent for the duration of my lease.

My question is this: do I continue paying him or can I just tell him to take it out of the overage? What recourse does he have if I stop paying him for the final 60 days? I have doubts that he will be repaying my security deposit, which is equivalent to one month's rent and would like to avoid chasing him down in court for it.

This is in California, Los Angeles County, in a city with no rent control.

Answer:
 >do I continue paying him or can I just tell him to take it out of the overage?

There is no overage. You owe what you agreed to pay regardless of what Bill was payind Ted.

You need to keep paying Bill until the end of the 60 days generally. Once he no longer has a right to the property you can sign a new agreement with Ted.


Title: Got pulled over for expired tags today...

Question:
I have high functioning ASD (Autism Spectrum Disorder) and was driving to work with my husband, Cop who had been following me for a minute flashed his lights and had me pull into a CVS about ten minutes from our house. When he first approached the window, he was brusque and seemed on edge, even after I said hey to him. He informed us our tags were expired back in January, and honestly that’s our fault. This year has been crazy, we just got married, have been helping aging grandparents, etc.
My husband told him all this, to which he was still harsh and asked for my license. (KEY point: he did not ask for our insurance or registration) and walked back to his car.
In the meantime, I started to have a panic attack, because that’s just something that happens in tense situations for me. When Cop returned, I was of course having a panic attack and he said, rather harshly, “do I need to call an ambulance or something.” To which my husband explained that I have an anxiety disorder, and he makes a few crass remarks asking, “if [he’s] that scary,” etc.
So I calm down and I’m able to take my license back, and he says, “so can we finish this up?”
So I sign the ticket as he explained the court date and everything. My husband again apologizes, explains to him that it’s been a hectic year, it’s honestly slipped our minds, and how we’ve had several officers follow us in the past few months, both coincidentally and because one mistook my husband for a friend of his, and none of them had so much as mentioned our tags.
Apparently we struck a cord, and he launched into a rather condescending lecture about how it’s our responsibility, and how he doesn’t have anybody going around reminding him to renew his tags. My husband again explained that he had totally forgotten, apologized and explained that there was a misunderstanding that led to us forgetting what month our tags were due.
At this point I was pretty upset at this guy, and I just told him that we had had a rough year, and he responded with a barky explanation that he had “had a rough year too. It’s just a ticket, you get it, you move on with your life. It’s your responsibility to take care of stuff like this.”
I was so upset I had to quit talking to him, and he left tersely.
TLDR: But my question is, after all of the exchange, and in this particular type of traffic violation, wasn’t it his responsibility to get our insurance and registration? What type of claim might we have against him when we go for the court date? Would it invalidate the ticket? And is it a possibility that if we explained to a judge that we have had a busy year and this is the first time any officer has informed us of our tags, despite having cops behind us all the time, that we could get the ticket dismissed, especially given how the officer handled the situation? For the record, both I and my husband have impeccable driving records.
Topic:
Traffic and Parking

Answer:
 Your options are to fight it in court, or pay it. I personally would pay it since it was your responsibility to renew your tags and you admit that they were expired about 6 months.

I doubt not asking for insurance and registration will toss your ticket. The information is probably already on his computer.Answer #2: None of what you said matters.  Your tags were expired.  It wouldn't matter if you had not known (but you did).  You need to pay the fine and not drive the car until it has valid tags.Answer #3: No. An officer is not required to ask for anything. He could of asked for registration and not your license.

He can write you a ticket or he may not.

Officer discretion.

In my state we arent even required to carry copies G of insurance.

Pay the ticket. Renew your tags.

Relax.


Title: Settlement adjusters asking for medical records

Question:
TLDR I was in a motorcycle accident last October. Gave them all medical bills from the accident and recovery.

Today they asked for 5 years of medical history. This seems odd and out of place up to this point. I don't see a reason that they would need this information as there is nothing related to my current injuries in my history. Should I give them the info or are they just trying to extend the process? What should my next move be?

Answer:
 >I don't see a reason that they would need this information as there is nothing related to my current injuries in my history.

But they don't know that.

If you are claiming back injury, they want to see if it's if you have any history of back pain, because aggravation of an existing condition is different from a new injury.

If you don't give them the information, they probably won't settle, or will reduce the amount they are offering.  But it's your choice.


Title: [CA] Front desk employee at youth center was caught with marijuana in his possession at work.

Question:
So we came in this morning when a coworker found a small pill bottle with maybe a gram of the stuff in it. This was found in the cubby hole that they share.

The one who owned it walked it later and when confronted, he admitted it was his.

After a brief research into California laws, it appears we have grounds to fire him whether he has a medical card or not.

However, out boss only wants to give him a warning. I'm the manager here and I deal with the worker in question a lot more closely. He is habitually late, slurs his speech all the time, and is such a slow worker. He takes 10-15 min bathroom breaks as well.

I think we have enough grounds to fire him. He is a temp for the summer any way and he hasn't been here for more than 2-3 months.

What is the right way to handle this situation?

Answer:
 This is a policy question, not a legal question as such. If your boss wants to retain this employee, your boss is free to make that call, even if you think it would be a bad call.

Sit down with your boss and talk about your concerns, but the decision to fire or retain may be out of your hands.


Title: Readmission after Expulsion

Question:
I was recently expelled from a Public High School in Colorado on Drug Charges (to which I have no objection). I'm going to be readmitted for the 2017-2018 School Year, under a few conditions. One of these conditions is a Behavior Contract.

I know one of the conditions they're seeking on the Behavior Contact is the ability to search my Possessions (Namely my Backpack and my Phone). Is that allowed?

Additionally, do I have any major rights that I should know of during Readmission?

If you need any additional info, please ask.

Answer: The school is well within their rights to implement this. It isn't random, you are a criminal. Think of it as being an adult and being on parole.


Title: Cyberstalker?

Question:
Hello r/legaladvice .

I have had a bit of trouble deciding if this is a legal issue or not, but I figure there's nothing wrong with reaching out for a little help.

About 7 months ago, I went on a date with a guy. We'll call him Noah. Noah seemed like a smart guy, we got along, and seemed to agree on most things. After we talked for a bit and had some food, he brought me back to his house, and we had sex *without a condom.* When we were finished everything seemed fine, we cleaned up and I went home.
About a week later, I'm talking to a different guy, digitally, not in person, and things are going well. We exchange some pictures here and there, and then out of the blue this new person tells me that he is actually Noah, and that I gave him HIV.
I didn't really know what to think. It couldn't be possible because I had been tested immediately before our first meet up, and I was negative.
I just told him that it wasn't me. It must have been someone else. I told him I was sorry that happened to him, but it just wasn't me.

Since that conversation I have been contacted on Facebook, Instagram, Twitter, Tinder, and other social platforms, all from seemingly different people, who then randomly decide to snap and *become* Noah. I have done my best to block him on every platform imaginable, but he continues to hunt me down using alternate accounts on these platforms. I never know if the person I'm talking to is a real person or if its going to be him ***again***. Noah continues to harass me whenever he can. He goes out of his way to tell me over and over about how I'm ugly, and he never should've met up with me, and how I gave him HIV. He knows my home address, my phone number, and he knows where I work (I'm guessing that this information must have gotten out during a conversation with one of his *many* catfish accounts before I realized it was him). He has threatened multiple times to tell my employer, friends, and family about what happened between us, and he has shown that he has the means to do so.

I haven't yet gone to the police about this because Noah has not threatened to hurt me in any way, but he does know my address and this really bothers me.

Is this a legal problem? Should I tell the police?

**TL;DR**: had sex with a guy without a condom, he contacts me saying i gave him HIV, *I'm negative.* I tell him "idk what to tell ya man, that wasnt me." He continues to contact me with fake accounts across all platforms and harass me about giving him HIV.

***I have been tested 2 times since then 3 months apart, and I am still HIV negative.***

Answer:
 I'd consider this stalking, and worthy of contacting the police.

> Code of Ala. § 13A-6-90.1. Stalking in the second degree. (2012)

> (a) A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person's immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree.

> (b) The crime of stalking in the second degree is a Class B misdemeanor.


Title: [TX] my grandfather has been living with my parents for the last 2.5 years. My grandfather wont go to doctor, shower, wash his clothes, etc. Is this elder neglect?

Question:
My grandfather is 86 years old and stubborn and pretty much what the title says. He lives in his own room in my parents house where he has his own bathroom, he doesn't drive so my dad drives him to the grocery store for groceries.

He will not go to the doctor even if there's something wrong like he has a cold or something like that. He doesn't shower and lies to my parents and says that he does. He doesn't wash his bed sheets or clothes and he doesn't throw anything away. A lot of his shirts are stained with holes.

He has a mini fridge and freezer in his room, but he stores items on a shelf when they should be refrigerated such as mayonnaise and eggs.

I know my dad doesn't want to physically make him do things, what else can they do?

Can my parents get in serious trouble for letting this continue? Is this considered elder neglect?

Edit: he is provided all the items and essentials that he needs to clean clothes, wash himself, but he chooses not to.

Thank you

Answer:
 APS is also interested in self-neglect.

You may want to think about getting APS involved earlier rather than later, because right now it sounds like he may be reasonably able to explain his side of it to any investigators. Later on, he may not be able to, and all investigators will see is an elderly man who didn't go to the doctor, didn't have clean clothes, didn't shower, etc. If he can't speak up, it becomes much more difficult for your parents to defend against accusations of elder abuse/neglect. Answer #2: For the record, depending on the farm, you don't need to refrigerate eggs (hens need to be vaccinated to prevent salmonella).Answer #3: It would be neglect if they refused to let him see a doctor, refuse to allow him to shower, refuse to allow him to wash his clothes, etc.  If he chooses not to, they are likely in the clear.

If the situation gets out of hand, they may need to call APS.


Title: BC, Canada - Neighbor's teenage daughter threatening to tell her mom I raped her if I don't sleep with her by New Year's.

Question:
I live in an apartment.  Met my neighbor about a year ago, we've had an on and off sexual/platonic relationship ever since.  Past few months I've just been helping her out with things, zip up her dress, walk with her to grocery store to help carry shit back, etc.

Sometimes I hang out watching movies, she'll go to work and I'll finish w/e before going back to my apartment or to work or whatever.  No big deal.  Well on December 23, I was at her place watching Star Wars (rewatching original trilogy before seeing 7 in theaters), and her daughter came home.  I knew she had a daughter, but I didn't know she was coming that day, she didn't tell me, but I guess she was staying over with her mom (my neighbor) for the holidays.  She asked who I was and I explained, she didn't call her mom or anything, I didn't think anything of it so just sat there and kept watching Star Wars while she was bringing her stuff in.

Anyway to get this short she ended up sitting next to me on the futon and started coming on to me pretty heavily.  I started having a pretty bad panic attack because she's underage so I got up and left.

Okay so today (December 27) I help her mom bring groceries back and after we get back to her place she goes in the bathroom, her daughter comes out of her room and starts talking to me like we just met.  And then out of nowhere she whispers to me that she's going back to her dad's on January 2nd and if we haven't fucked by then she's going to tell her mom I raped her when she came in to find me watching Star Wars on December 23.

What can I do to cover my ass on this?  I'm not proud to say this but if she was over 18 I'd just sleep with her so it wasn't hanging over my head, but she's 16.

Answer:
 Just tell the daughter that you have herpes.Answer #2: You can't stop someone from alleging something.  If you try to preempt the girl's allegation by bringing it up with her mother, you might be preempting an allegation that was never going to be made, or you might make the mother suspect that you are doing CYA.

If it were me I would continue as usual except I would never allow myself to be left alone with the girl.  She's probably bluffing, but acting scared might only empower her.  There's no evidence of rape.

~~"When you're the hammer strike your fell.  When you're the anvil hold fast."~~  You're the anvil here.  Let the girl be the moving party if she's that stupid.

edit:  It's *"When you're an Anvil, hold you still; When you're a Hammer, strike your Fill."* - author unknown, appeared in the 1758 edition of Poor Richard's Almanac and earlier in the collected adages of Thomas Fuller.Answer #3: FWIW, age of consent is 16 in BC, with close-in-age exceptions for 14 and 15 year olds. Answer #4: You need to tape her saying this to you. Find a way to bring it up while recording on your phone or something.Answer #5: If you find yourself in a situation where you're alone with her again, capture her advances or threats on audio recording on a smartphone. many apps exist for discreet recording. Smart Voice Recorder is one that I use on my android phone and it can record while the screen is turned off. Engineer a situation where she would complain or threaten you out loud with false accusations. Do nothing with the recording until you find yourself having to defend against a rape allegation.


Title: [VA] My dad, whom I hadn't had contact with in years, died. I am being contacted by Citizen's Disability on an appeal based on his disability claim denial.

Question:
This might be a long one...

I was not on speaking terms with my dad, for over 5 years. I had a falling out with him when I was 15, and the only times we had contact were when my grandmother (his mother) tried to force them. I hadn't spoken with either of them since my oldest child was barely 6 months old, but got updates from those "well-meaning" relatives (flying monkeys) about his health declining, the cancer, multiple surgeries, and then the phone call at 4:30 in the morning right after Christmas telling he had passed in his sleep. Knowing it would be a dramatic fueled event, I did not attend the funeral.

&#x200B;

I'd like to add in here before I continue, that my position on the status of my father's relationship with me was always maintained as, "I don't have any interest in contact with him, and I just want to be left alone." I did not seek to shout from the roof tops about how awful he was, or tell relatives of his misdeeds. Jus that we did not get along, and no amount of "he's your father" would change my mind. There's a lot to unpack with him and my grandmother, and I have done so in therapy (and on a throwaway in r/raisedbynarcissists...I am very familiar with the sub). I just wanted, and continue to want, to live my life peacefully.

&#x200B;

Two weeks after I did not attend his funeral, I received a call from that well-meaning relative about how my grandmother wanted to give me information regarding his disability claim. I was immediately suspicious, since he was still legally married to his third wife (but for fun-living with his um-teenth fiance, who found him in the night) and knew she would be the next of kin. Apparently, she signed some sort of document waiving her rights, and now next of kin falls on me...and my half sister. I then received a number to call and found myself on the phone with Citizen's Disability. They would not give me any information pertaining to his case, but asked me for my mailing info so I could sign paperwork putting me as point of contact. I did so, so that I could get to the bottom of what was going on.

&#x200B;

I then received another letter, with my name wrong, from them asking to contact about his appeal. I spent a half hour on the phone with a rep, who really could tell me much other than they are seeking a court date within 6-12 months. I have no idea why he applied for disability, but I can guess. I know nothing of his care before his death. I don't even know what his cause of death was.

&#x200B;

Googling Citizen's Disability is giving me mixed reviews-I can't tell if it's a scam or not. I wouldn't be surprised if it was-the older relatives on that side of the family are not quick enough to catch stuff like that. I tried calling probate court in the county where he lived to figure out what I should do-I know he probably didn't have much (always broke) and can't imagine what the appeal would churn out since you know...he's dead. But I keep hearing about "back pay settlement" without anyone really explaining it to me.

&#x200B;

I just...need someone to ELI5 what I should be doing. I feel like this is all a thing to get me sucked into family drama again. My father was my grandmother's golden child, and I know she is beside herself that he is dead. I know that her attempts to get my contact info are not just "for court paperwork" (I have been told her husband is the executor of his estate...shouldn't he be calling me if needed?). I know that she and his "fiancé" are feuding about whatever stuff she had in her apartment, and the rumor is that she put herself on as beneficiary to whatever policy I am now fighting an appeal for...I know his gf/fiance was posting on his FB profile with weird stuff (first as him after he died, then weird posts about missing him, but with things like, "I'll never know why you doubted my love in the end...if I had known it was your last night on this earth with me, I would have had sex with you like you wanted" Then some weird claims about him writing famous songs or something...which he did not) and that somehow my abusive ex step mother (mother to my half sister) was also trying to contact me about social security...? Perhaps you can see the reasons why I really don't want to get any important information from this crowd...

&#x200B;

What should I be doing, legally, as next of kin? Can anyone tell me if Citizen's Disability is legitimate, or if it's even worth letting them pursue at this point? I just want to go back to my life without dealing with the crazy...
Topic:
Disability Issues

Answer:
 What's happened is a for-profit company reached out after seeing the denial on record and offered up their services (we'll appeal your denial, and if we win, we get % of the payouts). And then you signed some paper accepting their services. So I think you've hired a law firm to appeal your father's denial. I'd re-read all paperwork carefully and familiarize yourself with the contract and terms you agreed to.

Even if the appeal is won, you may find you don't actually qualify for survivors benefits. Also, any retroactive payments would go to the estate (which may have debts and you might not even be a beneficiary of). If it were me, I'd stop by the local SS office and talk to someone about the situation and see if you would even qualify for benefits and what retroactive payments might look like. Also confirm with the exector if there was a will and if you are even a beneficiary of the estate.


Title: I want to sue Walmart for violating HIPAA laws

Question:
July 12th in Oregon the walmart pharmacy tech refused to take my rx for a narcotic pain pill. He said per walmart policies, they must know what they are prescribed for, and they'll give you a different med if they think the narcotic isn't necessary. They refused to even take the rx and fill it until I told them what it was prescribed for in front of the entire store. I was humiliated.

I complained at the store, I complained online and to their twitter help team who claimed that took it very seriously. I called today and they've never received any reports from anyone about it. I want to sue them, if that's possible. I don't know what else to do to get the point across to them that this is highly illegal and not ok at all. Thank you for your time.

Answer:
 There is no provision for any private cause of action under HIPAA.

Meaning: You can't sue for a HIPAA violation.


Title: Baker- Can I used a candy name in the name of a good I sell? [AZ]

Question:
I am a baker in the process of opening my own bakery. Once of my recipes uses a popular Hershey's candy in it, am I allowed to use the name of the candy in my products name? Do I need to get written permission from Hershey's first?

Thanks!

Answer:
 You can't use the product or company's name in a way that implies sponsorship from the company.  So "Hershey's dark chocolate ice cream" is a no-go.

You can conceivably use the name as a way to identify the product you use, such as "chocolate ice cream with Hershey's dark chocolate", indicating it is a separate and distinct product you are using.

Even if you do this, if Hershey feels like you're using their brand recognition as a vehicle to sell your product, they could sue you claiming infringement (on their trademark, I believe).  Even if you're in the legal right, you'd have to spend time and money to defend the claim.


Title: My college professor was fired from his job and is blaming me, his ex student, for his dismissal. Do I have grounds for defamation? (South East Asia) (xpost /r/TwoXChromosomes).

Question:
[Here is my original post](https://np.reddit.com/r/TwoXChromosomes/comments/7nfy8i/my_college_professor_was_fired_from_his_job_and/)

Advice is much appreciated, thank you.

EDIT: TL;DR - My professor sent slanderous emails about me having sex with staff members for better grades at my college (complete fabrication). He was fired from his job at the college (reason unknown) but believes I was the perpetrator for his dismissal and has shared this on social media, including the soliciting for grades story. He has not named me, but has described my hair colour, age and nationality.

Answer:
 It's doubtful that anyone here is going to do more than skim that linked post, or know anything about "South East Asia" defamation laws, as they likely vary from country to country there, and vary from those in the U.S., where they  vary from state to state.

But in general, what you describe would not be an actionable defamation case within the U.S. It seems like there are bigger problems however, so the 2X suggestions about speaking with a local attorney who knows local laws is likely your best next step. Good luck.Answer #2: If you want advice from this sub, you'd be well advised to massively edit your initial post to include only the salient details. Way too much text there.


Title: My dogs ripped out my neighbors Motorcycle seat

Question:
Hey. I live in the country so my neighbors are at least a mile apart. I have three dogs and they were chasing my neighbors cat and she climbed on his motorcycle. They clawed at the motorcycle and ripped out his seat. He got it on CCTV footage. I told him I will pay him back. He’s asking for $4000.  I am arranging for the money one way or another but how do I make sure he still doesn’t sue me or take me to court? Is there a document available online where he waived his right to sue me because I paid him for the damages? Idk if it matters but I am reside in the State is California. Any advice is really appreciated.
Topic:
Other Civil Matters

Answer:
 $4000 for a seat?

Ask for an itemized quote from a couple different shops to repair the damage.Answer #2: i think the bar association has a form settlement agreement you should be able to fill in & use.

also, $4000 sounds way too pricey. i’d have him take to the shop for repairs and provide you an invoice that you reimburse him for. also might be wise to talk to someone in the shop to see which of the itemized repairs on the invoice were due to the dogs.Answer #3: $4k is definitely high for a seat, but it's likely they scratched/damaged some other things too. If he had some saddlebags that got messed up or a paint job that got deeply scratched, that could easily add up to 4k. Get an itemized invoice for it all once the repairs are completed.

Might wanna see if insurance somehow got involved too. If they covered it, I wouldn't pay anything beyond what his deductible is.

If he completes the repairs himself, get a total on all the parts and see what labor is like in your area. I wouldn't blame the guy for wanting to be compensated for his time, but don't let him take advantage of you. Also confirm that he did it well enough to pay close to regular body shop labor prices.

If all else fails, just let him take it to small claims. Those bikes look to be about $9-12k.


Title: NC-HIPAA and hereditary disease

Question: My family has a well documented history of a hereditary form of frontotemporal dementia, my grandparents are cousins who both showed marked symptoms of the disease. I consulted a geneticist and was sterilized at 21. Other family members who have opted to have children don't want their children to know about the family history, and have threatened to sue me if I mention it publically. Does HIPAA remove my ability to talk about my own disease?

Answer:
 No, that has nothing to do with HIPAA.  HIPAA concerns the handling of health records by health care providers and their staff.

But their threat isn't related to HIPAA, really.  They don't want to be defamed / libeled.  If you say only true things about them, that's a defense to any potential lawsuit.  And if you say only things about yourself, that's even better, then they'd have a high barrier even arguing that your statement concerns them.Answer #2: HIPAA only applies to you if your a doctor/medical person/someone who is restricted to it from their job. You can talk about yourself all you wantAnswer #3: Your family cannot keep you from honestly disclosing medical conditions about yourself.

On a side note... You got sterilized at 21 for this? Seems extreme.


Title: Fire alarm didn’t go off in our apartment building...

Question:
So a few months ago, one of the other units in our 4 story apartment building caught fire and the fire department was called to put out the blaze. My fiancé and I only realized what was happening because we heard the truck outside our window and when he walked out our front door the entire hallway was filled with smoke. It was just a kitchen fire so we didn’t have to evacuate after speaking with one of the firefighters in the stairwell, but the most concerning thing was that none of the alarms in the building had been set off.

Since the day of the fire, all of the alarms still remain pulled down and nothing has been reset or fixed. We and the other tenants have  had numerous issues with the property management company since the day the building was open for business but this just takes the cake.

Any advice for what we should/could do? We are looking to move out once our lease is up in May regardless, but until then I’m just not sure what the best course of action may be.

Thanks y’all.

Answer:
 The local Fire Marshall would love to hear from you.Answer #2: You can try calling the Fire Marshall now -- some cities will staff the Fire Marshall's office at least 8x7 -- and it looks like you can also shoot them an email if you want to get your concerns in writing to start a paper trail [Contact info on the City of Baltimore's website here](https://fire.baltimorecity.gov/contact-us-1).

I'm not sure if the City of Baltimore has its own building inspector (as opposed to "housing authority" or if it's covered by Baltimore County -- if the latter the County's [Chief Building Inspector](https://www.baltimorecountymd.gov/Agencies/permits/buildinspec/index.html) may be of some help

In California about two decades ago when I had far more mundane concerns about the fire alarm in a public building (and just happened to ask a Fire Prevention Officer/Inspector out of curiosity during a 'Career Day' - never "officially" did anything). An inspection was done and failed same day, contractors had the problem resolved and re-inspected within 48 hours.


Title: Is it possible I will be drug tested in court?

Question:
I don't mean literally in the courtroom...

I have an upcoming court date (march) on a charge of concealing merchandise under the amount of $50.

I have a lawyer, pretty much have everything in place... but for the last two weeks two different people have said something to me about "being careful" because I may be drug tested for court. I live in VA...

What is the likelihood that I am tested considering my case is not drug/alcohol related in any way.
Topic:
Criminal Law

Answer:
 1. Don't do illegal drugs.
2. Don't have illegal drugs.
3. The likelihood of drug testing you for a non-drug/alcohol related charge is low. Unless you are pleading out and the terms and conditions require a drug test.
4. Do #1 and #2 if you value student loans to pay tuition for education, job interviews where you can honestly say you have not been convicted of a crime, and a job (because it's legal for employers to discriminate on the basis of drug convictions).


Title: (CA) Friends account got money posted inside. She made a withdraw.

Question: [deleted]

Answer:
 If it wasn't her money she has to return it.

If she didn't deposit the checks, how did she "Verify" it?


Title: Question regarding a bench warrant for my son

Question:
Hi all,

I've never had any dealings with the law at all, but I have an 18 year old son who was sentenced in March to a $300 fine (due today) and 3 days in jail to begin on 5/17 OR 3 days on the Sheriff's labor program (costs $20 per day to do) any time before 5/17 (Idaho).

This son is indigent and homeless, so he has not paid his fine.  The confinement section of his sentencing document says "Complete 24 hours on SLP by 05/17/2019 or report to jail 05/17/2019 at 8pm to serve 3 days jail. If BW issues, must serve 9 days jail."

My question is this - does the bench warrant take effect tomorrow, since he failed to pay the fine today?  If he goes to submit payment to join the labor program, will they take him into custody for failing to pay the fine? If I call the sheriff's office and let them know where he sleeps, can / will they go pick him up to serve his 9 days?

I can send more specific info in a PM if necessary.

&#x200B;

Thanks!

Answer:
 Very generally, it is better to turn yourself in on a bench warrant than to be arrested. Too many variables in an arrest situation, the biggest being that you don't know when or how it will happen. Also, anecdotally, it goes down better with the prosecutor if you peacefully turn yourself in.

With regards to the bench warrant being issued, most likely it will take a day or two before the system catches up with the failure to make the fine payment, but I would not bank on it. The warrant will most likely issue soon, because he is in violation of the order. Realistically, if he can't pay, he should be prepared to serve the 9 days, and would be better off turning himself in.

When he does that, there may be a chance to negotiate the sentence with the prosecutor, and Court. He needs to reach out though, not necessarily you. If you know where he is after a bench warrant, and are asked, you don't have to answer, but be careful in what you actually say. You don't want something stupid happening like catching an aiding and abetting or obstruction charge.

Best of luck!