Title: I'm [f,23] currently in court as a victim of misdemeanor assault by ex-boyfriend. (Sort of) hypothetical question about related felonious assault

Question:
I posted previously about an assault case that I am a victim in. I have linked to it at the end of this post, but basically, my ex-boyfriend who consistently abused me over the course of three months is being charged with assault and a few other misdemeanors. The first pretrial did not lead to any sort of resolution. On the upside, the evidence I brought in was compelling enough to make the prosecutor (who hadn't reviewed the police photos of the injuries) do a 180 from "this guy doesn't look capable" to "we're not budging on the assault or a number of other charges, this guy is mental."

My question today has to do with a portion of that evidence. I have messages between us where he acknowledges hitting me when he knew I was pregnant and describes how he would have killed me if I wasn't. This is a felony in OH. Someone in my support group strongly suggested that I try to have him charged as such.

I am not at all interested in pursuing a felony case because, honestly, this process has been painful enough and I am still coping with "victim guilt" about taking him to court. I am really just curious: to me, a few text messages, a documented history of abuse, and my statement do not seem like solid evidence for a felony charge or conviction, but I have gotten mixed reviews on that.

Lawyers and those simply interested in law, if you were prosecuting the assault case, what would you do about the separate incident? Would you use this as leverage in the assault case, or would you consider pursuing a felony charge?

This case feels as though it is consuming my life (I'm dealing with post trauma stress, a severe depressive episode, and major anxiety), but it sure does make me interested in law.

Previous post: http://redd.it/2yh5h2
Topic:
Criminal Law

Answer:
 First, good on you. I know this is insanely stressful, but you should be proud of yourself for standing up for yourself.

>Lawyers and those simply interested in law, if you were prosecuting the assault case, what would you do about the separate incident?

If you've got texts of him admitting to a felony, plus your testimony? Yeah, that's enough evidence to make a case. If I was prosecuting this, I'd want to make sure this guy went to jail for a long time. It sounds like the prosecutor in question already feels like he's got a case, this would just make it easier.

As for whether or not you should do it? That's up to you. I understand it's stressful for you, and I hope the DA has helped you find a victim's advocate to help you through the process. Still, this isn't just about you. If what your saying is true, this guy is a serious threat to whomever he starts dating next. I think (if you can do it) you should do everything you can to make sure he's never able to do this again. This means letting the DA know what's up.


Title: [Texas] I received a notice in the mail for my arrest in 10 days. What do I do?

Question: [deleted]

Answer: I would imagine the notice had instructions for how to pay. I would contact them and see if you can arrange a payment plan. If you can't, I guess you'd better pack a toothbrush.Answer #2: Sometimes in Texas you can turn yourself in for traffic tickets and spend the weekend in jail to "pay" your fines. I'm not sure how current this information is, though, or how it works. I think your best bet is to make some phone calls to find out your options.


Title: Low hanging garage ripped off my car's bike rack. Any legal recourse?

Question:
Driving through Santa Rosa, California, I made a right turn to get onto a street. Little did I know there would suddenly be a 7' 9" overhang, which ripped off my car's roof rack, with a bicycle attached.

From what I can tell, that overhang is part of a parking garage. From a cursory glance, the [Santa Rosa City Code says](http://qcode.us/codes/santarosa/view.php?topic=20-3-20_36-20_36_070):
> B.3. Vertical clearance. A minimum unobstructed clearance height of 14 feet shall be maintained above areas accessible to vehicles in non-residential parking facilities.

Could they be held liable for failing to provide sufficient clearance?

I've already contacted my insurance but they won't process the claim until the next business day.

Thanks!

Answer:
 Liable to the city? Yes.

To you for your bike rack? Probably not, not unless the obstruction was hidden in some way. You have a responsibility to not damage your car by driving into stationary objects, whether or not those objects are supposed to be there.Answer #2: Building codes are generally applicable to new construction, but do not require every existing building, parking lot, or parking structure to be brought up to code every time the code changes.

I doubt that the section you quote applies to a parking garage. I've never seen a parking garage that maintains 14' clearances.

Was this the spot?

[Imgur](https://i.imgur.com/YNkAdEa.jpg)


Title: [AZ]College student, busted for distribution of Marijuana on campus.

Question:
Long story short, I was selling pot to my friends so I could smoke for free.  Someone narked on me, and the police raided my room with a warrant.  So here is the situation I am in:

When the police raided my room, they did not find any marijuana.  This is because at the time, I did not have any.  I was between pick ups (I consider myself lucky in this regard.)  That said, in my room they found several bongs, my scale, baggies, 300 dollars in cash, as well as nearly a gram(estimated on my part) in Marijuana residue.  (it should also be noted that in AZ the possesion of any amount of MJ is a felony, even the left over res in my grinder.)

They brought me in that same night, they interviewed me.  During the interview I basically waived my own 5th amendment rights.  I said that I fully understand the 5th amendment and that I should not self-incriminate but - they had already found everything and I was convinced I was dead to rights.  So, I told them everything.  Full compliance, full cooperation.  I gave them basically every single piece of information they would need to build a case against me.

I also have information I think they think is valuable.  I'm a small time guy.  I buy ounces, I sell grams.  My dealer buys pounds, sells ounces.  They talked very much like if I gave them my dealer that I could walk away from this basically scott free.  I don't know how much truth there was in it, but I am turning in both of my dealers to them because I don't want to go to prison.

This is my first offense other than minor traffic violations (which only resulted in warnings)

I have not yet contacted a lawyer, I am not being held in custody.  I slept in my own bed the night of the arrest.

The raid and arrest took place Thursday night/Friday morning.

I guess my question is this:
How fucked am I?
Can giving them my dealer actually help me, and to what extent?
Is it possible to get out of this thing with a clean record?
Can these charges be dropped/expunged/set aside?
What should my next step be (especially considering the fact that I don't have money for a lawyer.  All the money I had, they took it.  I was selling weed cause I had no money)

Reddit, you've never let me down before and I could really use the help.

Topic:
Drug Possession

Answer:
 Consult with a lawyer.

Providing information on a larger dealer can ABSOLUTELY get your charges dismissed, but you need someone representing your interests here.Answer #2: Well, you fucked up. You should have kept your mouth shut and gotten an attorney.

Now, depending on what you're charged with, you are very likely looking at felonies, prison time and/or fines.

Get an attorney, don't talk to the police again without your attorney present and don't talk to anyone else about this. That includes entertaining the idea of working with the police if they decide to cut you a deal. You need an attorney.


Title: PA: I was fired for silly reasons, and maybe one legitimate one.

Question:
I'm skipping a lot of the details, but I was fired for a "lack of professionalism." This includes offering salmon to coworkers even though it smells, told a coworker "[she] is the best" after she helped me with a task and it made her uncomfortable (even though the other boss hugs people), for taking unplanned PTO even though I asked my boss before I left it was a family emergency and she said it was okay, for wearing a college sweatshirt once since I was cold (even though I face no clients), and then two biggest: because even though she said our working hours are to start from 8:30 to 9 and leave at 5, I once left at 4:59 in front of her (even though I work thru lunch, never had an issue with my work, etc.), and that a few times because of traffic I arrived past 9 (but texted them this, informing them I was in traffic, which was what they ask us to do), and then she told me 8:30 is your starting time, and in 3 months I arrived past 8:30 twice -- EVEN THOUGH others show up after I do, or even past 9. I asked her what that was about, she said it didn't matter, that's my hours.

Any grounds for legal action?

Answer:
 Do you have an employment contract that defines why you can be terminated?

If not, you probably have no recourse.  PA is an at-will-employment state, which means that you can be terminated for any reason (or no reason) so long as it is not for discriminatory reasons or in retaliation.

So even if these are silly reasons, it doesn't matter.  Sorry.


Title: Need advice on a DMCA notice my wife received on her Etsy store.

Question:
I am in Florida, USA. My wife has an etsy shop where she has all of 4 listings for ornaments she makes. Today one of her items was deactivated due to a DMCA request. I need help advising her how to move forward. I believe the request is fraudulent and the there is no way the idea is "owned" or could be infringing.

The item is a clear plastic Christmas ball with curled paper strips cut from a book. Its hand made and there are lots of people selling similar items. This was not made from a purchased design or book. The person who submitted it has claimed infringement due to the fact they sell similar items but with pages from a different books. The person is in Michigan. There is no proof of ownership in this "design" other than a link to an article in on the nationalpost.com website that featured her ornament as part of a larger article. How could someone own a copyright or trademark on a craft item that is put together from things bought at Michaels....

My wife emailed the person asking for proof of ownership and they responded with:

"If you would like to provide your address, my attorney can send you legal notice. The simple remedy is to remove the item and stop selling items that infringe on the copyright of my art.

Once you provide an address, my attorney will take care of it from there."

I'm pretty sure you cant copyright a ornament made with pieces of things you don't own.

Is there some requirement to provide proof of ownership here? Do we just submit a counter notice and basically tell her to go jump off a bridge? Would it be enough to just send back evidence other other prior art? I would really rather not have to get a lawyer involved but I will if necessary.

Thanks.
Topic:
Intellectual Property

Answer: There's no way she has a copyright on an ornament filled with paper.  Copyright protects expression, not ideas, concepts, or functional things.


Title: Can you incapacitate or defend yourself against a robber in California?

Question:
In light of a recent incident happening to one of my friends in her workplace, I wanted to know if there's any legal ramifications in defending yourself or others within a retail establishment against a robber.
I only articulated the state for context of setting.

Answer:
 You can use reasonable force to defend yourself or others.

If you reasonably believe that your life or the life of someone else is in danger, then that defense may generally include deadly force.


Title: Landlord won't return deposit. I've sent two certified letters that have been returned. How do I move forward with taking him to small claims?

Question:
I lived in the suburbs of Chicago for 7+ years and rented from the same landlord.  He kept telling me he was going to send the money, but 9 months later and nothing.  I want to sue him for what I'm owed.

He never gave an itemized breakdown or anything.  I sent the first certified letter to the address in our contract.  I then sent the second letter to the address he had me mail my rent check to for all those years.  However, since I sent it certified, I guess he and his wife weren't home and a notice was left to pick them up from the post office.  They never did so both have been returned to me.

Do I just move forward with suing him?  I highly doubt he has moved, but I guess there is a chance.  If I pay for a bailiff will they look his possible new address up?

It's not much money, based on what I read I'm owed twice the deposit of $900.  I can use $1800 so I don't want to let this go.   I really just wanted my deposit back, but now I'll have to travel back to Illinois for the court date.

Thanks

Answer:
 >Do I just move forward with suing him? I highly doubt he has moved, but I guess there is a chance. If I pay for a bailiff will they look his possible new address up?

Yes you can move forward to small claims.  As for the address, the bailiff does not serve the court papers.  You can utilize the sheriffs to serve the papers, but they generally do not do a great job at this.

After you file the small claims court papers.  You should hire a process server, who is a trained professional on serving legal papers, to serve your papers.  If you cannot find the address of the landlord, you have to hire a private investigator.


Title: [MI] Mother is going to be fired tomorrow in an act of age discrimination. [UPDATE 3]

Question:
Original Post: http://www.reddit.com/r/legaladvice/comments/2qmhy2/mi_mother_is_going_to_be_fired_tomorrow_in_an_act/
Update 1: http://www.reddit.com/r/legaladvice/comments/2qqai2/mi_mother_is_going_to_be_fired_tomorrow_in_an_act/
Update 2: http://www.reddit.com/r/legaladvice/comments/2s72e2/mi_mother_is_going_to_be_fired_tomorrow_in_an_act/

TL;DR of previous posts: My mother, 62, was told in a meeting with corporate for the national chain pharmacy she works for that she would be terminated in thirty days if her "numbers" did not improve, despite being told in the same meeting that the entire store's numbers were down overall but she was the only person who was facing termination.

**UPDATE:**

My mother was informed of a meeting between her and corporate scheduled for today about a week ago. Then, this past Wednesday, she received a call from HR. The HR person she spoke with asked her some unusual questions- "Do you feel supported by management?" "Do you feel that your probationary period is fair?" "Do you feel that you are being discriminated against by the company?" This was unusual to us because my father previously worked for the same company and was fired, but was never asked these questions; neither were the two other fired employees that my mother spoke with.

My mother answered him honestly (for the most part, didn't want to tip her hand). She responded that she did not feel supported by management, that she felt that her manager was going out of her way to discredit her and put blame on her, that her manager has had it out for her for a while, and that she has documentation of these things. Following this phone call, the HR representative e-mailed her to tell her that her meeting with HR and her boss was cancelled (this was to be her termination) and that he wanted to meet with her privately to discuss the reasons she felt her manager had it out for her. He asked her to prepare some documentation for him to review.

My mother went through her performance reviews and e-mails from her manager and found some interesting things. In two separate reviews, six months apart, the manager cited the same poor "numbers" as a reflection of my mother's job performance, despite the fact that during the second review, these numbers were no longer accurate and were, in fact, lower than her actual numbers. She also found that the manager referenced two days when she came into the pharmacy and felt it was being poorly managed by my mother, despite the fact that my mother did not even work one of those days and she is *not* the pharmacy manager- her partner is. The manager lists in several reports that my mother was not complying with certain state guidelines, despite state reports that indicate that my mother was, in fact, complying with these guidelines, as was the entire pharmacy. Essentially, my mother has discovered extensive proof that this manager has been deliberately either misrepresenting information or outright lying about it in my mother's performance reviews to reflect negatively on her.

This manager is the same manager who, about a year ago, accused my family of having filed a lawsuit against the company my mother works for in connection with an accident my father had in 2010. This is by no means true- we are suing our insurance company but my mother's place of employment was never involved in any lawsuit of ours. My mother told this to the manager who has continued to mention that we are suing the company over the last year, despite it not being remotely true.

We think the HR manager is trying to feel out if we're planning to sue should my mother be terminated. She does not plan to tip her hand at all. Instead, she's planning to comply with his request as best she can and hopes that this will prolong her termination, giving her more time to find something else.

Thank you guys, again, for the information you've provided. This is a slow process, but I wanted to keep everyone updated because you've been so helpful.

**TL;DR** Mother was scheduled to be terminated but after a call from HR, who asked if she felt supported by management and my mother told no, the meeting has been cancelled and the corporate HR representative has asked her to meet privately with him to discuss how she feels discriminated against by management.

Answer:
 Thanks for the updates. And good for your mom for having the documentation to back up her assertions. Sounds like HR is on her side. She should still continue to document all meetings, and hopefully keep a contemporaneous log (like a diary with dated entries on the dates of action). Best to cover her ass just in case.

IANAL, but I've been following the story and wish the best for your mom.Answer #2: Love the updates. Love them


Title: Reporting overheard conversations at work?

Question:
I worked as a temp in a kitchen this weekend, and while there overhead comments from lower level management staff about other members of staff that were incredibly out of order.

The first I heard was one of them telling a Polish waitress to lookup what a "creampie" was, and then getting a young chef to explain what it meant to her when she didn't understand.

The second was another manager talking about a new French waitress, who was supposedly "slow" and "shit" but he'd "love to see her have sex with someone".

They also rated (as in said how attractive either way they found them) the guests were, and called the singer on one night "a stupid bitch" for getting paid to not sing the whole time, but they still thought she was "fit".

I'm not sure if there's anything I can do because I don't work there now and I have no proof?

Answer: Mind your own business.


Title: Reporting hepatitis B to employer through employee physical exam - is this required?

Question: My wife just received a new position (in Alaska) as a teacher and she had to get a physical as a requirement for the job. She’s been in the position for 1 month and still has to file her physical to HR. Her doctor knows she has chronic hepatitis B, which is basically something she was born with (she is mid-40s now). In her employee physical exam the doctor wrote that she had previously had blood tests done that indicate chronic hepB. This is a concern for us because of the stigma associated with hepatitis. My wife is in good health and would not use her hepatitis status for special treatment (under ADA). In other states we noticed that doctors would not provide this information to the school district. My question is, are we under any legal standing to the doctor to have this particular piece of information removed from the physical exam? I've looked everywhere and can't find anything on this. Thank you!

Answer: I think you greatly overestimate the stigma of hepatitis.  Teachers are at substantial risk of HepB transmission (because children tend to bleed a lot) so the school district rightly wants to document your wife's HepB status prior to any exposure that may happen on the job.  Federal laws dictate that the health information be kept confidential.  Go ahead and report.  If there are any repercussions, such as the district wrongfully rescinding her employment offer, or discriminating against her for her chronic condition, you would likely have legal remedy.


Title: Which prosecutors get the first crack at a criminal who committed a lot of crimes in different jurisdictions all at once?

Question: My wife and I were talking about what happens when That One Guy leaves office, and it feels like the list of attorneys who want to sue is about fifty miles long. If you have the DA from Georgia, New York, DC, and California, plus every city defrauded by the campaign, plus who knows how many sexual harassment charges, all come down at once: *How does the legal system decide who the hell gets to interview/jail/interrogate/subpoena first? Do they draw straws? Do some people get priority? Arm wrestling?*

Answer: They normally work it out depending on various issues. The DC sniper (for example) was tried in VA first because VA had the death penalty at the time, so if he was found guilty there, there was no reason to try him in the other jurisdictions


Title: [CA] I suspect a neighbor of purposefully causing my dog to bark and then complaining about it. Can I place a camera recording our shared wall in my backyard?

Question:
As my title says, I think my next door neighbor is making noises along the shared wall to intentionally make my dog bark. A few days ago she approached my father to complain that our dog barks at her and she feels she can't go into her backyard. I've seen and heard her calling out to him on several occasions and peering/reaching  over the wall to talk to him, which he doesn't like. She also said she's concerned he barks because he doesn't have enough water and food and needs to go to the vet. She made similar complaints about other neighbors' dogs and called animal control to lodge a complaint.

My dog is well taken care of and we have the vet records to prove he goes regularly. I'm also adding a camera where our side door is, since he stays there when we're gone during the day. It's completely covered, and he has a bed, a couple water bowls and toys to keep him busy. He also has access to the backyard so he can run around freely. If it's too hot, we keep him inside with the AC.

Is it legal for me to place a camera to record along the shared wall? What else can I do to make sure we're covering all bases?

Answer: Yes, you can install audio / video cameras to monitor your property, pets, children, and all public areas around your home.


Title: [PA]Being accused of hit and run, didn't do it

Question:
Any advice would be greatly appreciated.

I got a voicemail from my insurance company.  They said a guy is claiming I hit him with my car 4 months ago while he was walking and he has witnesses.

I have no idea where this is coming from.  As far as I know this is limited to an insurance claim and the police are not involved (I got pulled over 1 month ago, cops didn't mention it).

At first I felt like the fact that I didn't do it was enough to keep me safe but I am starting to get anxious.  I'm expecting a call from them next week to talk about it and thought I would ask for some advice here.

I don't know what to say because I'm unaware of what is going on, and I want to wait to talk to my insurance first.

Answer:
 Assuming it really wasn't you, I'm guessing it's a case of a misremembered license plate number. With any luck, the victim will have said a red SUV hit him and you have a yellow mini.

You might want to post over in /r/Insurance  as well.


Title: My friends crazy ex-girlfriend keyed "bilch" on my car after I told her I didn't want to hear from her anymore. Wondering what I can do.

Question:
At the end of November, my friend and his girlfriend broke up. It was a mess. They were living together and my boyfriend shared an apartment with them as well as my boyfriends brother. The ex is still on the lease although she hasn't been there since the breakup. We are in Texas.

The ex has been in contact with everyone since then in the form of hate texts, shitty phone calls and voicemails, screenshots of her Facebook posts shaming all of us stating that we're all heroin addicts and the worst people in the world, no physical contact since. Most of the contact consists of insults and her saying that she hopes we all die, have something bad happen to us, etc. She has called places of employment stating that she's worried about drug use on the job in an attempt to meddle as far as employment goes and has involved the law by telling them the apartment is a hotbed of illegal activity. She also called them saying that her mail was being withheld and stolen even though she doesn't get anything but stuff addressed to "______ or current resident". She sent my boyfriend a text yesterday saying that she has his mail. I don't know if such details are important legally, but I figured I should include them in case.

Monday before last, she sent me a series of texts of name calling and such over a comment I made on a post on Facebook that her ex boyfriends new girl made. I received a lot of long insulting messages and responded by saying that I wasn't sure why she was still talking to me about anything. Please stop texting me. She told me she involved the cops again, but I don't know how true that is. I told her again to not contact me or involve me in her activities with regard to the situation involving the apartment or her vendetta against her ex, his new girlfriend, and my boyfriend. She sent me a massive reply about me being "a two faced cunt twat, slutty slut, I can't believe you of all people would do this to me but hey a sluts a slut". My reply was that I didn't have an interest in defending or being friends with someone who does nothing but insult me and wish my boyfriend was dead. I plainly said she hasn't been my friend since she included me in her vendetta against everyone, that she's shown me no decency for months, and restated that I didn't want her to continue to text me. I got several insulting texts in reply.

I took a week of vacation from work to work on myself mentally and didn't do any driving for that week, my boyfriend did all the driving if we went anywhere. Earlier this week, I noticed that I had "bilch" keyed very largely on my passenger side door. She's the only person in this state who has enough of a problem with me to warrant keying a car. I'm not from here and I've lived here for about 3 and 1/2 years. She did not cross the T. A mutual friend messaged her and sent me a screenshot of her admitting to doing it as well as some other stuff. Her justification in the message was "she pissed me off soooo yeah not sorry". The person wants to remain totally anonymous.

Yesterday, she was sending my boyfriend insulting texts and saying she had his mail. She said in a text, by itself, "Sorry I didn't cross the T".

I was planning to call the cops tomorrow and have them come out since I now have something from her saying that she did it. I called when I first saw it and they said they had to send an officer out or I had to go to the department for it, I couldn't just ask if there was anything I could do. I didn't want to have them come out and have nothing but "I know who did it and can tell you her motivation to have done it, but I don't have anything solid indicating blame".

Can I do anything with this? What do I do? I just want the damage she did to be fixed. But the only things I have in which she either says she did it or implies that she did it, and one person wants to remain anonymous so as to not effect their relationship with her, are a screenshot of a conversation and a text in which she apologizes for not crossing the T. If I'm in the wrong place, please redirect me and I will post there. I can also give pictures of the damage or screenshots of conversations if need be, modified to protect identity of course. I feel really lost. Literally anything advice wise is appreciated and very much needed. I've never had to deal with anything like this and have no idea what to do if I can do anything. Sorry if it's all over the place.

TL;DR, Spiteful ex girlfriend of friend included me in her vendetta against the people she is trying to exact revenge on because she feels they have seriously wronged her/ruined her life wouldn't stop sending me hateful and insulting messages, I asked her to stop and told her I didn't want to hear from or defend her in any way because she shows me no decency and does nothing but insult me and wish bad things upon me and my boyfriend/friends via text and said she wasn't my friend, she is upset by it and keys a misspelled slur onto my car. Admitted to the keying to a mutual friend, sends my boyfriend a text implying fault to it, I am lost as to whether or not I can do anything about the situation. I just want the damage fixed. We are in Texas.

Answer:
 You can call the police and report the vandalism and/or sue her civilly for the damages.Answer #2: You can file a police report and file a small claims case. It up to the judge whether the "I forgot to cross the T" would be enough to swing it to preponderance of the evidence.  You can text her to try to get her to admit it , but she is just as likely to say "Huh what are you talking about."

In the future spend less time and effort engaging the crazies.  "Don't contact me" and block  FB , twitter , phone number don;t waste your time arguing. That's a reward for people who want drama.


Title: (CA, USA) Not your average bike theft

Question:
Hi all,

I just had my (locked) bike stolen off of my 2nd story balcony in my apartment complex. There is one major point that makes this not-your-average bike theft (besides it being off a 2nd story balcony): the thiefs used a ladder that was left lying around by the construction company that is working on site. There are 3 piles of ladders left in the parking lot, and the thief took one and used it to climb on to my balcony, cut my lock, and steal my bike.

My questions are - do I have anything against the property management company or construction company? If so, how would I go about forming a case or talking with them? I documented the ladder piles/crime scene with pictures and I filed a police report for the theft, but I'm unsure what else to do.

Answer: They would not be responsible for the willful acts of a third party unless they had some specific duty.  File a claim.


Title: speeding - 65 in a 50, but posted limit was 55 (texas)

Question:
Got caught the other day for speeding on the way home from work, was caught going 65 in a "50" according to the cop / ticket.  I'm 100% certain the posted limit is 55 and I double checked today and it is, how do I prove this when I contest the ticket? Do I just take a picture of it...?

I know its still speeding, but the ticket goes from around 300 to 150 if I was only 10mph over the limit.

Thanks

Answer:
 Yes, take a picture of the sign and bring it to court.Answer #2: See where they wrote the ticket location of incident. Make sure that if he put 50 he didn't write up that you were on an entirely different road that may have a posted 50.Answer #3: Be aware you might of pulled over in a 55 zone, but were clocked in a 50.

Make sure you disprove that if possible.


Title: In California, can a business withhold employee pay, because a mid-level supervisor didn’t approve time cards in a timely manor?

Question:
I work for a large corporation in SF Bay Area and got a call from payroll a couple days ago. They informed me that my check, bi-weekly, would not be available this coming Friday, because my supervisor didn’t sign the time cards on time, due to the holiday. I know they can do what they like, but is this illegal and what should I do if the issue persists? Quitting is not an option right now.
Topic:
Employment Law

Answer:
 That is illegal.

https://www.dir.ca.gov/dlse/FAQ_Paydays.htm

You can file a DLSE complaint if you aren't paid on time. If they do anything negative towards you because you filed a complaint go talk to a lawyer immediately. Hopefully you can send this link to payroll and they will get a check to you. It's not their fault your timecard wasn't signed but they still need to follow the law.


Title: Ex-girlfriend posted an article about me to a website, we can't get it deleted.

Question:
Hello!

About 4 years ago, I had a really nasty breakup with my ex-girlfriend. While it was occurring, and while she was particularly fired up and angry with me, she posted an article to a site called Cheaterville. The article contained some truths, some half-truths, and some outright lies about me. More importantly, it had my name, location, and picture attached to it. I found it a few days after it had been posted, and she agreed to delete it.

I wish that's where the story ended.

A Korean site named BadBoyReport.kr mirrored the content from Cheaterville, and now it's up on their site. They claim on their website that the original author can request to have an article removed and that they will heed that. I have emailed them, she has emailed them, and we've never received so much as a reply. I'm aware that, even if they did reply, she's not the "original author" because it was posted by another "user". On their site, they link to "law firms" and "lawyers" you can contact to dispute the items on the site. I emailed one of those and they charge a flat rate of $1000. With this knowledge, I do believe that the whole thing is an extortion scheme, and that the lawyers/law firms are not real. (http://badboyreport.kr/removal-policy/)

To make things worse, if you Google my first name, last name, and hometown, it is the #1 result. Friends and family will randomly let me know that they found it, asking if I know about it. Given that, and the age we live in, I'm completely certain it has hurt my employment prospects. My ex-girlfriend feels exceedingly guilty for all of this and offered to pay the fee to get it removed.

However, I absolutely refuse to pay their extortion fee, and would rather live with the consequence of the posting, than to pay up and encourage this kind of behavior with others.

I'm from Minnesota, in the United States, and they appear to be in South Korea, which I imagine only complicates things, but I'd like to know what my options are. If I have none, I will leave the posting and hope the site eventually dies off.

Thank you!

Answer:
 Your best option would probably be to hire a SEO company to bury the result when people search for your name.  There really isn't a way to force them to take it down and if you pay them,
There is no guarantee it won't reappear. Answer #2: >I absolutely refuse to pay their extortion fee

That's good, because it'll pop up elsewhere, this is their actual business model.  Fight this with SEO not lawyers.

If you involve the lawyers and thus a court case, it makes the SEO job that much harder.


Title: My Dad spent my (18) trust fund money (60k)

Question:
I found out my Dad blew through my 60k trust fund account that was given to me for when I turned 18.

Theres 800 bucks left in it. Is that money good as gone? Im not sure what my options here are.

Answer:
 It is incredibly likely that your father breached a fiduciary duty. I am not familiar wirh the facts of your situation, and anything I would ask you may not know the answer to, or it’d be ill advised to answer in a public forum.

Find any documents you can about the trust, any records, and speak to a lawyer.


Title: Did my classmates violate HIPAA? And if so what do I do?

Question:
Kansas, US (duh)

Sorry for formatting issues, posting on mobile.

I'm in a class in high school with several CNAs that work at a local nursing homes.  One of which I have a relative at.

The classmates frequently refer to patients and residents using their names and detailing the patients' medical problems.  I've even been told about my own relative.  I don't believe I have any legal right to have the information disclosed to me as a relative, let alone other patients.  Am I right on this?  If so, do I need to record this or document the lack of confidentiality?  Who should I report it to?  What should I do?

Topic:
Healthcare Law including HIPAA

Answer:
 Yes, CNAs identifying patients in your classroom is almost certainly a HIPAA breach.

You can report it to either the nursing homes or to HHS. Or both. Answer #2: > Am I right on this?

Yes, you are correct.

By giving out any identifying information at all, they are violating HIPAA. Giving you information about your own relatives is worse, because that is obviously done on purpose, and isn't just some kind of accident.

> If so, do I need to record this or document the lack of confidentiality?

Don't try to record or take video of them. Just write down what you can remember about what they told you, and when. It's okay if you don't have every detail.

If it happens again, take more notes after each time.

> Who should I report it to? What should I do?

Contact their employer. The nursing home's website should have information on either the person in charge, or someone to complain to. If there is only one number or email address listed, then contact them there, and ask who you should talk to about a HIPAA complaint.

You can also make a HIPAA complaint to the federal government. [This page](https://www.hhs.gov/hipaa/filing-a-complaint/index.html) has all the information on how to do that. Answer #3: OP, as someone who's worked in medical services, there does tend to be an ungodly amount of gossip about clientele and their various medical problems. However, **it is a violation of each client's rights** to have their medical history shared, attached to their name.

I implore you to report such people. It is a HIPAA violation. It is not classy. It is definitely not something any of us want our CNAs doing.


Title: [NM] My 16 year old brother just had a baby; maternal grandmother is refusing to let him see the baby

Question:
Baby was born via emergency c section this Tuesday. He and the mom are both 16, and baby and mom are still in the hospital. The mom’s mother is saying that my brother is not welcome to see her or the baby, and that if he shows up at the hospital she will ask security to remove him. His name is not on the birth certificate.

 I understand that the mother has to right to deny entry, and she will not go against her mother, because she is fully supporting mom and baby.

From what I can tell, the best option is to file an acknowledgement of paternity, but it looks like both parents have to sign it, and there is no way mom will sign.

What is the best way to proceed?

Thank you for your help.

Answer:
 >What is the best way to proceed?

With the help of an attorney.  Because your brother is now looking at 18 years worth of custody agreements, support, etc.  There is a link on the side bar for help finding low cost or pro bono legal help if money is an issue.

Off the bat ensuring with 100% certainty that the child is actually his is a damn good idea.  And taking actions without doing that might be a bad idea.Answer #2: He, or more accurately his parents on behalf of their son, will have to file in court to establish paternity if mom refuses to co-sign the Acknowledgment of Paternity.

Here is the [information you need](https://seconddistrictcourt.nmcourts.gov/establishing-parentage-custody-or-child-support.aspx)


Title: Paraphernalia Charge at 17

Question:
I got off work an hour or two before my boyfriend so I went to our car to smoke some weed and play on my phone while I waited for him. (We work together.) This caused the car to absolutely reek.

I'm 17f and he's 20. We got pulled over Memorial Day weekend for not using our blinker in the left ONLY lane. When the cop came up to the car he told my boyfriend it was the blinker, asked him to get out and they both went to the police car leaving me alone in the vehicle. We had no actual marijuana on us. I already had the weed container (like an airtight plastic jar) and pipe in my bag and we had another piece in the vehicle that we never really used but never got around to getting out that I grabbed. All of these things were in my bag. I figured I would get in less trouble being a minor.

The cop come back and says that my bf already told him about what was in the car and that it's better to just be honest with him. So I was. Mostly. I didn't tell him about the other piece that we rarely used because I was scared. I knew he would find it. It was in my bag. If only I had either left it alone and claimed to have forgotten about it or just told him about it.

He searched the car and opened the back. His parter (who has been eyeing me the whole time) exclaims "Man it smells real bad back here." (Edit: You guys have no chill) The cop asks me if I had smoked recently in the car. I said yes. That was also dumb. But he wouldn't let me be silent. I didn't want to say no because I didn't want to lie to him and make him mad and get us into worse trouble. It obviously smelled like someone smoked and I couldn't deny it if I tried. So I chose to be silent. But he shined his flashlight in my eyes and asked in a very firm tone "Ma'am? Do I need to repeat the question?" His partner moved towards me. I stayed silent still but he moved to stand up as he was crouching looking through the car and I said yes. It occurs to me that I could've said a coworker had smoked in the car before since we just got off work but shit. He then tells me to get back in the car and he takes my boyfriend back to the police car.

My bf says he didn't seem too upset about the unknown piece and he appreciated us being honest with him. We both have a paraphernalia charge and it is both our first time ever in trouble with the law. We will each have $500 saved by the time our court date arrives as that is the maximum amount we kept seeing online in Missouri. We can't afford a lawyer.

My questions are: How should I act in court? What should I say? How can I represent myself the best? What are the chances of me getting out of this with nothing on my record? What are the chances of a less than $500 fine? What should I say?

TL:DR First ever drug paraphernalia charge, minor needing advice.
Topic:
Drug Possession

Answer:
 > ~~Pipe down, ride-along.~~

~~Don't have this attitude when you're in front of a judge.~~

> You guys have no chill

Please *please* **please** say this to the judge. Please.


Question:
*Some details changed in an attempt to be anonymous, but the jurisdiction is in Indiana*

**I apologize in advance for the wall of text...but I feel providing details on much of the moving pieces will paint a more complete picture of the situation. There’s a tl;dr at the end...**

My daughter’s car was t-boned by a man driving a pickup (which we believe was registered in his name) who was fleeing the police.  My daughter was found to not have any contributory fault whatsoever as she was following all traffic rules at the time she was stuck.

Three police agencies were involved in the pursuit (Indiana State Police, ____ County Sheriff’s Office, and ____ City Police. The driver of the other vehicle was arrested, and eventually sentenced to several years of probation and ordered to pay my daughter restitution in the $10’s of thousands. The man received probation due to his cooperation with the prosecution against another man over a murder case which sparked the chase in the first place.

My daughter’s car was totaled. And since the man who crashed into her car caused the accident while in the commission of a crime, her/my personal property and bodily injury insurance claims were denied by his auto carrier. Since I carry her still on my auto insurance policy, we’ve had to effectively sue our own auto insurance carrier for both the property and BI claims.

We haven’t had any issues thus far with our own carrier. Totaling of vehicle claim/payout was finalized within a week. The BI claim still remains open since my daughter has had to undergo 5 surgeries and dozens of PT sessions to recover from her injuries. Since she is still treating, the BI claim was kept open...however, we are already out of pocket nearly $15k on medical co-pays and deductibles alone and she’s lost almost $10k in income while recovering.

Since she’s still on my company’s health insurance plan, they have been paying on all the claims thus far. But they would only advance payment on the accident-related claims if I signed a subrogation reimbursement agreement. According to our Plan Document, we are a self-funded plan covered under federal ERISA guidelines, and I haven’t found anything thus far in my layman’s understanding of law that I can effectively use to fight the language of the plan in order to reduce or negotiate the medical lien. At this stage, my health plan has paid nearly $65k in claims. And they expect to receive every penny back no matter if were made while or not.

So, by the time we add up our out of pocket medical costs, my daughter’s lost income, and subrogation reimbursement for the medical claims, that will leave a pittance for the “pain and suffering” she’s gone through for nearly two years.

Unfortunately, my uninsured motorist policy was only at a $100k level with no med-pay option chosen in our policy. I’m quite distraught over the fact that our UM/UIM levels were so low, but that’s on me and my husband for not reevaluating our coverage needs as our family grew...hard lesson learned for our family.

Anyway, once we eventually settle our BI claim with our insurance carrier, there won’t hardly
be anything left for future medical expenses either since we’d about hit our plan limit strictly on specials alone. And again, leaving hardly a thing for general damages in large part due to the substantial subrogation medical lien.

When this while fiasco started nearly two years ago, the BI injuries weren’t as apparent — or at the very least, we didn’t think she’d be in treatment do so long. But after a few days, issues with my daughters neck, back, and spine started cropping up. So it was a very slow progression of going through PT treatments and prescription meds to address the issues/pain she was experiencing. It took nearly 9 months for her treatment team to come to the realization that nothing else is going to work to permanently address the painful and debilitating injuries she sustained without resorting  to surgery. It was at that point when the expenses really started to pile up.

I mention the manner by which things have progressed since those circumstances played a factor in our decision to not be represented by an attorney. Initially, we figured we could do everything ourselves regarding negotiations with the insurance company and effectively save ourselves $30-$40k out of the $100k policy limit. Little did we realize or even anticipate at the time that we’d be sitting in a situation where hardly anything will be left once we are reimbursed for out of pockets and lost income and we pay the plan back their advanced claim payments. I suppose that’s why i chose the user name I did to post this separately from my normal reddit account since it’s really quite fitting given the circumstances...

We did have a free consult with two attorneys offices at the very start of this whole ordeal, but in their estimation, we wouldn’t be able to collect on anything from the driver of the pickup. He’s young, broke, and has no means. Shaky past. Not gainfully employed. No auto insurance company on his side to sue so it went to only to ours. He owned the pickup, so we couldn’t go after a different person who may have owned the vehicle. He lived in an apartment so no homeowners policy to try to go after.  At the time, many months before the medical bills started piling up and before we even knew what the terms “subrogation”,  “ERISA”, or “constructive trust” even meant, we figured we could swing this whole matter ourselves and keep a fair sum in our pockets.  We’re educated, reasonably intelligent people, right? Well, since things progressed so slowly over many months, we never stepped back to re-evaluate the need to seek council if there may have been other entities that we would potentially file a civil suit against to cover our slowly mounting losses. That’s essentially the crux of my post—essentially looking for other entities to potentially file a tort against. Since it is not in our nature to be litigious when it comes to these types of matters, we never considered (nor did either of the two attorney groups we met with suggest) the potential of suing the state/county/city police over any wrong doing that may have taken place while performing their duties which may have contributed in part to the suspect hitting my daughter’s car.  *A side note to the attorneys out there — in cases like this where things may not seem likely to approach anywhere near policy limits at first, perhaps a quick follow up call 3-6 months later could bring a different perspective.*

Now, if you have made it this far in my post and haven’t scrolled down to the tl;dr section yet, aside from you probably shaking your head over our decision to not secure council early on. you’re probably saying we may be out of luck. While I believe that Ind. Code § 34-11-2-4(a)(1) calls for a statute of limitations of 2 years to file a personal injury tort against a private citizen or other private entity, I believe that to file a this tort against a city, county, or state entity is 180-270 days from the date of the injury. We are nearing the 2 year mark now from the date of the accident, we are well past the 180-270 day period to file notice. Of course, all of this is presuming that I’m correct in my layman’s understanding of that 180-270 day requirement against a public entity/agency. So...if I’m **wrong** and I do still have an option statutorily to file a civil suit against a public agency before the two year mark hits, please let me know the statute and how it applies in my particular situation. If on the remote chance I’m wrong about my belief that we missed our window to file a suit against a public agency, Ill definitely reconsider the decision to bring an attorney on to handle the suit against any public agenc(ies) who could have contributory fault. I know that the attorney would take 30-40% for their services out of whatever settlement or award given if it went that far, and i know the plan may still need to be reimbursed (unless that attorney knows how to maneuver around what appears to be solid ERISA language in my Plan Document), and I realize that even my auto insurance carrier may exercise its subrogation rights if another wrongdoer pays on our tort. At the end of the day, however, I would think if we did have an option to potentially go after another party who may be at fault, that should certainly net us more than $35k to cover co-pay reimbursements, my daughter’s lost income, and her general damages for pain and suffering.

Perhaps considering the dynamics of the situation as a whole, maybe there’s another option I’m not considering that I should pursue aside from filing a lawsuit against three police agencies and the original tortfeasor.

——————————————

**tl;dr: [Indiana] What is the statute of limitations for filing a personal injury suit against a police agency (other ideas for filing a tort claim)?**

PS: yes, I know at the end I’m just restating the original question...that’s pretty much it though!
Topic:
Personal Injury

Answer:
 > we never considered (nor did either of the two attorney groups we met with suggest) the potential of suing the state/county/city police over any wrong doing that may have taken place while performing their duties

That's because you haven't offered any evidence of wrongdoing.

You can't sue and say "give me money or prove why you shouldn't."  **You** have to advance a specific theory of wrongdoing to sue.

You should seek those consults again if/when you have a specific theory to advance.  My read of the SoL is similar to yours, but there are often exceptions - especially when it comes to later discovered personal injury.


Title: My mate is mailing me weed domestically in Australia; what's the worst thing that could happen?

Answer: You could get caught and charged with state or federal charges, convicted and fined and / or jailed, and have a criminal record.


Title: Does my brother's soon to be ex-wife have any right to a house that isn't even in her (or his) name?

Question: [deleted]

Answer:
 Grandparents could give them notice to vacate. Forces them to go thier seperate ways and makes it clear who owns the place. Then they can allow him back after it's been vacated.Answer #2: If the deed is in your grandparents' names only, it can't be taken in the divorce.

Your brother needs to get a family law attorney right away. He shouldn't wait for the worst to happen. The writing is on the wall.


Title: Is it illegal to own human bones?

Question: Im at the Swap Meet and theres a guy trying to sell a section of a human spine and I want to know the legality of purchasing and owning such an item. The vendor didn't give me much information on it or where it came from other than it was a human spine and after some quick Google searching it appears that he isn't lying. The bones are very old and degraded and look like they were buried for quite some time. He's only asking $10 for the bones and if I won't get in trouble I think it would be pretty nifty to own a piece of a human skeleton. Any advice?

Answer: I believe that legally speaking we are allowed to personally own 206 different bones.


Title: Is it illegal to get as many free refills as you want?

Question:
I once went into a Taco Bell and got a meal and a drink. They have the pop machine right out in the open for free refills. I love the Baja blast they have so I got a refill before I left. The next day I still had my taco bell cup and was by the same taco bell. I had some time to stop and get a refill. I used my same cup and refilled and then left. There was no worker at the counter that saw and nobody in the dining area seemed to notice or care. I did the same thing the next day and nothing happened. It's like getting a free 16 Oz Baja Blast everyday.

I don't feel too bad about doing it since Taco Bell has so much money but if I get caught I don't want any real consequences. I know a couple of the workers there and they're all chill. But just making sure I shouldn't worry too much.

Answer:
 It's theft, if you want to get technical about it. The offer is reasonably interpreted as "free refills with your meal," and, having left, your meal is over.

However, it's a lot more likely that when the store manager notices, they'll just ban you from the property and move on.


Title: Should someone who sells dangerous facial cleansers and claims to be a medical professional be reported? If so, to whom?

Question:
I recently posted to /r/SkincareAddiction about a local "natural" body products seller in my area. I contacted this seller because their facial cleanser gave my face chemical burns. In the sellers response, they claim to be both medically and chemically trained. You can read this and all other sub responses here: http://www.reddit.com/r/SkincareAddiction/comments/2pvdku/im_new_heredoes_this_justification_for_the_use_of/

One of the mods of this sub also checked in on a publicly searchable medical professional database with the name of the business and it's three "board members" (at least one of whom responded to my email). The mod found nothing in their search and came up with the conclusion that this seller is only trained in reiki and has  no medical education. Should this seller be reported for calling themselves medical professionals and if so, to whom do I submit this to. (For reference, I live in El Paso, Texas.) Thank you in advance.

Answer:
 FTC and CFPB all day errday son!

Yeah, snake oil selling hucksters who rip off elderly women wanting to look young forever should be shutdown with extreme prejudice.Answer #2: What is the business name? Check em out with the BBB and see if they have a high level of complaints. It will also tell you where they are incorporated.

You can file a complaint with the TX AG consumer protection section, or that of the state in which the supplier does business. This may fall under deceptive practices.


Title: I was caught drinking at a party and submitted to a breathalyzer test. What should I expect? [Oregon]

Question: New years was a couple day’s ago and some cops had nothing better to do than shut down a party and they had us line up on the sidewalk and wrote down my license info and told me to submit to a breathalyzer test I blew a 07. I wondered what was to happen next but then a cop came to my house when I wasn’t there a couple days after and spoke to my father and told my dad that i should be expecting a court summons. So my main questions are Do I need to hire an attorney? Should I just plea guilty to get it expunged in 3 years? I know court expectations but I’m not quite sure what to expect. Any advice helps.

Answer: Going to assume you are a minor based on this. Do not speak with the police. Ignore them. Yes you will likely need an attorney if they move forward and charge you. You should ask your attorney about plea deals.


Title: [CO] Abusive stepfather about to return home from jail. Any way to legally remove children from the house?

Question:
I’m posting this on my girlfriend’s behalf; she is the one affected and seeking advice. Apologies in advance for any mistakes in formatting, content, or choice of subreddit.

&#x200B;

My 20yo girlfriend lives at home with her mother and 4 siblings, aged 17, 11, 9, and 5 (one full sibling, the others half-siblings). Her mother’s boyfriend usually also lives there, but he is currently in jail, nearing the end of a 90-day sentence. About a year ago, he was involved in a car accident - while he wasn’t officially at fault, the police discovered he was high and placed him on probation. Three months ago, he violated his probation with several DWIs and was subsequently jailed for 90 days. He is scheduled for release on July 21, but my girlfriend is dreading his return.

&#x200B;

He has been in her life for about 10 years, and during that time has continually been physically and emotionally abusive. He has hit and beat her and her two older siblings countless times - he tends to leaves the youngest two alone because they are his own kids. Additionally, he has threatened my girlfriend several times, once wielding a pair of scissors.

&#x200B;

Unfortunately, documentation/evidence of his abuse is sparse. When she was in fifth or sixth grade, CPS came to her house to talk to her and her older brother, but they lied and said everything was okay; they were afraid of his retaliation. Her older brother also recently hinted to a school coach that he was experiencing abuse, but did not share enough details to require a mandatory report.

&#x200B;

My girlfriend is afraid that once he returns home and she leaves for college, the younger kids will be subject to his abuse. She has tried to convince her mother to break up with him and kick him out of the house, but she is too desensitized/stubborn to listen. My girlfriend is also reluctant to call the police/CPS for fear her siblings will be split up or placed in foster care. She has been working extra jobs to try to gather enough money to move out and take the kids with her, but she will be short by the time he gets out of jail.

&#x200B;

In the meantime, I’ve told her to keep detailed notes of any future abuse, including pictures. I’ve been researching lawyers who could provide advice or work *pro bono*, along with shelters/charities who may be able to point us in the right direction.

&#x200B;

This situation is causing me and my girlfriend immense stress and worry. Does she have any legal avenue to remove her siblings from the house without losing custody/care for them? Can this be resolved without a civil/criminal case, or is it destined for court? Are there other options that we’re overlooking?

&#x200B;

Thank you.
Topic:
CPS and Dependency Law

Answer:
 She can call CPS about any abuse that occurs. They would be the ones to remove the children. She cannot do that on her own.

If they are removed she can request to act as a placement.Answer #2: This isn't the type of case that's taken pro bono, so lets manage our expectations about getting free legal services start to finish. What your girlfriend is doing by not calling CPS when she knows there is ongoing abuse is enabling that abuse and proving herself unfit to assessors. If she continues to sit on her hands and not protect them, she'll never ever have them placed with her. She needs to report the abuse to CPS immediately and express a willingness to house them should they be removed from the home. If she chooses to remove the children without the involvement of CPS and the police, she will be arrested and incarcerated for kidnapping, which is a major federal offense.


Title: People keep touching my shit

Question: Happens all the time and it pisses me off. I warned them that the next time they do it, I'll break something of their's that is very expensive. Given this warning, if they do touch my stuff next time, am I allowed to break their shit?

Answer: No, grow up.


Title: my roommates dog killed my cat.

Question:
yesterday i went into my room to feed my cat and my roommates new dog broke into the room and killed my cat. she's a purebred persian that i got from my friend in june 2017. it was beyond terrible and terrifying to see her killed in front of me with her back and body all twisted up and blood everywhere. i tried to take her to the vet to save her but it was too late.

i don't want to sue my roommate but would it be possible to sue the shelter? they didn't tell us if the new dog was friendly with other animals and said he was friendly with people. i don't know what to do i miss her so much and can't stop crying. i don't think i can go back to that house and my room where she was killed. please help me, i'm located in miami, fl.

Answer:
 I'm sorry to hear about your loss.

The shelter would likely have no liability in this matter; rather, the owners of the pets would be the ones responsible for seeing whether or not the animals got along before allowing them to interact.Answer #2: The shelter bears no responsibility here.Answer #3: So your roommate just adopted a dog from the shelter and they "didn't tell you if the dog was friendly?" I'm sorry but that's just nonsense. It was your responsibility to make sure the animals were okay in each other's presence, not the shelters.

The only person liable here is your roomate and yourself. Horrible negligence on both your parts that caused the death of an innocent cat.Answer #4: Who was in care of the dog at the time of the attack?Answer #5: Please do not get another cat as long as you're living with this dog.


Title: Caught with less than 2 grams of marijuana

Question:
I was caught with less than 2 grams of marijuana by the park, at night. The police man had a body cam on and were generally being cops. Said cops wrote a summons for me, scheduled for next month on the 18th, and I have a few legal questions for generous law-buffs.

Questions:
1. In the past, I've been caught with less than 2 grams of marijuana but the court case was cancelled for some unknown reason. Is there a possibility that my summons will be cancelled this time too?
2. I read online that if you have just one fine for being caught with marijuana (is that called possession?) your ticket will be $100 for the first offence. Is this true?
3. I'm worried that future jobs will come across this minor possession on a background check. Would my fine show up when they dig information up on me? Would this impede future jobs?
4. I am planning on going to school to be an MRI technician. With that being said, I require financial aid when I apply for my radiology degree. Will this fine intervene with my getting financial aid?

Thank you for taking the time to answer these questions. You have my undying gratitude. I have these burning questions so I'll allow you guys to appease my unease with legal advice.

Yours truly,
Enzo.

Answer: No one here can help you if you don'r say what state you are in.


Title: [NYC] What can actually be done about loud and aggressive sounding neighbors?

Question:
From about 7am-11pm every day there is CONSTANT banging, yelling, running, screaming, crying, fighting, etc. from the apartment above me.  My girlfriend has cried pretty much every day because of the way they treat their children.  The parents yell at the kids, the kids yell at the parents, the kids yell at each other, the parents yell at each other.

Much of that yelling sounds very aggressive but I cannot be sure how much of the banging is physical violence. This Sunday they had a party for the Super Bowl and they were unbelievably loud.  At one point another of the neighbors i guess knocked on their wall and the dude freaked.  Yelling about how it is the "fucking Super Bowl" and he can do what he wants . This is why I have not gone up there myself to say something.   I am scarred of retaliation.  My gf even took the back exit today because she saw them in the lobby and didn't want to walk past them.

The constant noise itself is maddening but the aggression and the way they treat their children in concerning and disheartening.  We just can't go on living like this but what can we actually do?  It is directly affecting my quality of life.

I really don't want to have to move again, but i have a feeling that may be my only choice.  I really can;t afford it, but since they have children, I don't see them being evicted, and I have a feeling they won't listen to anyone telling them to "be quite".  They just don't seem like those kind of people.

I understand that I should expect some sort of noise form neighbors, but no one should be expected to find this level of noise acceptable.

Anyone have any sort of experience with this? Thank you for any help.

I love in Brooklyn if it matters.

EDIT: so far I called landlord once on Monday and he said "he would say something".  I also called 311 the same day and filed a noise complaint.  I made sure to let the woman on  the phone know about who aggressive the yelling was. The police said they went to the apartment and there was no evidence of the violation when they arrived.

My gf has recordings of the noise including him threatening a fellow neighbor but I have not heard the actual recording, she just says she was recording when it happened.

Answer:
 You can report noise complaints to the police and keep reporting them each time it gets to the level of a noise complaint.

Regarding the children, if you legitimately believe there is abuse going on (verbal or physical though simple yelling is not typically considered abuse depending on what is actually said) then you can report it to OCFS and they will investigate


Title: Follow up question to: water utility claims illegal to read my own meter $500 fine - I found the ordinance (kinda)

Question:
I'm trying to use some formatting below, I hope it works.

This is a follow up question to the thread I started earlier:
[Water utility claims it is illegal to view my own water meter, threatens a $500 fine (Kentucky)](https://old.reddit.com/r/legaladvice/comments/9v4wa8/water_utility_claims_it_is_illegal_to_view_my_own/)

The water utility finally mentioned an ordinance number which was incorrect, but long story short it pointed to what I believe is the code for the city of Shelbyville KY [at this page here](library.amlegal.com/nxt/gateway.dll/Kentucky/shelbyville/title3publicworksandutilities/chapter31waterandsewer?f=templates$fn=altmain-nf.htm$q=[field folio-destination-name:'31.402']$x=Advanced#JD_31.401)

The part I found interesting is this:
> § 31.401  WATER SHUT-OFF VALVE REQUIRED
>...
>   (B)   The water meter vault shall not be opened, entered, nor tampered with by anyone other than an employee of the Commission.  In the event of an emergency, a Master Plumber licensed by the State of Kentucky may enter the meter vault.....
>....
>   (D)   In the event of unauthorized entrance or tampering with a meter vault by a customer, the Commission shall bill the customer for any costs and damages incurred due to unauthorized entrance to the meter or appurtenances.  The Commission shall notify the customer by certified mail of violation upon discovery of the first occasion of tampering.  After the first violation and notification, any person violating the provisions of this section shall be guilty of a Class A misdemeanor, punishable by fine of not more than five hundred dollars ($500.00)

**If I open the water meter vault (a small hatch in the grass), read my meter without touching anything or causing damage or tampering (intentionally causing harm), replace the hatch as good as I found it (a bolt any child can open with two fingers) .... am I good?**

Keep in mind they have misread my meter 4 of the last 6 months and are not crediting my account correctly (again).  I have tremendous incentive to read my meter to prevent them from fraudulently charging me (again).

And yes, I will be escalating this to the Kentucky Public Service Commission as suggested in the last thread.

Answer: It seems pretty clear that you can’t open it.Answer #2: Add another flow meter to your system. In the crawl space/basement. Compare your readings to theirs and see what the deal is.


Title: Hit and run accident under the influence in CA (deep deep shit)

Question:
Hello Redditors,

I need some advice please for a really bad situation. I'm posting for a friend who committed a hit and run accident under the influence and fled the scene. He is an international student in California and was confused at the time of the accident.
He was driving drunk and drove in the opposite way of a small avenue. A pick up truck was driving in that lane and the two cars collided front to front. My friend left the car at the scene and fled.
What can he do now?
He is scared of extended jail time and possible deportation as he is on a student visa.

What are his options right now?
Contact a lawyer or turn himself in?
Also he is injured but didn't get himself treated he is still a state of shock.

Thank you for help redditors, please share any valuable information..

EDIT: any ideas of the charges he might face laywers of Reddit? Today is Sunday and he cannot reach any lawyer

Answer:
 He needs to contact a criminal defense lawyer asap and go get treated.

Do not listen to any other advice except his lawyer's. Do not talk to the police without getting a lawyer. Absolutely do not listen to the other guy's advice about turning himself in. Lawyer first.

Edit: also take this post down.Answer #2: The damage is done; he cannot go back and not cause the collision, nor can he go back and not flee the scene.

The evidence is strong:   he was not present at the scene, he has injuries consistent with the collision, and the car he presumably owns or operates was left behind, with physical evidence (they're probably not going to dust for prints, but they could) tying him strongly to the vehicle.

The penalties for leaving the scene of an accident, especially ones with serious injuries, are as serious as DUI.

So now he gets to choose whether his injuries are treated at an ER or urgent care clinic he goes to under his own power, or by a jail nurse.    And he gets to choose whether he turns himself in accompanied by an attorney who has advised him how to keep his mouth shut and can arrange for his bail promptly, or whether he simply gets picked up by the police tonight or tomorrow.     Arresting hit-and-run drivers at their home is part of every police patrol division's roll call assignments, every day.

&#x200B;

In general, his attorney will be able to argue for more leniency if he turns himself in, and advise him about how to handle demands for breath/blood testing.

I assure you there are DUI defense attorneys who work every day of the week.


Title: Accused of copyright infringement by an artist I commissioned, they're demanding money.

Question:
In Sept 2013 I commissioned an artist for a picture. I posted that picture in a public online gallery along with other pictures I commission from other artists.

In August 2014, I used that picture as a welcome banner, unmodified, on my Patreon page to accept donations. www.patreon.com

In July 2015, the artist contacted me saying that I violated her rights by using the picture on Patreon without negotiating with her, that I performed copyright infringement, and used the picture for commercial use without licensing her, and she is demanding money in compensation. Specifically, a fee for a license dating back to August 2014 for each month the picture was up on Patreon.

The artist lives in the Netherlands. I am in Washington (not DC). She is threatening that if I do not pay she will proceed with me as a client in arrears.
Topic:
Intellectual Property

Answer: What (if any) agreement did you make when you commissioned the art?


Title: [Brooklyn, New York] Tenant does not want to pay for extra roommate and refuses to leave

Question:
Some background: my mom is the landlord of a building. She rented a room out to a young woman with two kids on the first week of May. They agreed that it was just going to be the woman and her kids living there. No lease was signed, just an oral agreement. Later that week we find out that her boyfriend moved in.

My mom wanted to increase rent for the extra person but they refused to pay. They also don’t pay for utilities. (They claim we agreed on a set price for rent with utilities included but that is not the case) Now because of the extra person and refusal to pay, my mom wants to remove them. She gave a verbal notice that they had to find a new place in 30 days, but 30 days has passed already and they are still here.

The boyfriend told my mom they will file a complaint against her if she tells them to move again. He gets pretty nasty when we try to talk to him and it usually ends in him screaming at us, which is why we put it off for a while.

So my question is this: does my mom have the rights to remove the tenants from the apartment? There was no lease signed. She gave a 30 day period. Everything was done verbally.
What should our next steps be? Someone said we should hand them a written 30-day notice so its official. We want to remove them as soon as possible. Thank you in advance for any help!
Topic:
Landlord Tenant Housing

Answer:
 Your mother's first step should be to stop doing anything verbally when it comes to renting apartments.

Because there is no written lease, there is nothing stopping the tenant from having an additional tenant, and the tenant has a good argument when it comes to the inclusion/exclusion of utilities.

If your mother still wants to pursue increased rent (to cover the additional tenant and the utility costs)  she needs to inform the tenants, in writing, of the rent increase.

If they do not consent to the rent increase, your mother needs to provide her tenants with a formal, WRITTEN 30-day notice of termination of the lease.

If they don't leave 30 days after the WRITTEN notice is issued, your mother can sue to evict.Answer #2: My understanding is that new York is a one party consent state. That means your mother can and SHOULD record all conversations with them and doesn't need to tell them she is.

Depending on the boyfriend's behavior your mom may be able to file a police report against him, however she should consult a landlord attorney first.

And yes no more verbal agreements.

Your mom needs to go through formal eviction procedures which all involve WRITTEN notice.


Title: Sister losing home after her friend died with no will

Question:
My sister's home was bought by a wealthy friend of the family who let it be known internally to our family that the intent of buying the home was for the benefit of my sister and her disabled child. The home is inexpensive.  He paid $30K for it 7 years ago and another 4-5 to fix it up a bit.  Market value would be roughly $60K at present.  My sister immediately moved in and has lived there rent free for the past 7 years.  It may be important to also note that she works as an employee of the rich friend's company.
Now that friend has died an early death leaving no will. His wife, the executor of his will, is asking my sister to move so that she can sell the house.  I contacted their attorney and asked that the family deed over the home and recognize the intention of our friend.  The wife declined but has offered to sell it at the appraised value.

The house is in poor repair and would not be easily marketable in current conditions, and my sister would likely refuse to cooperate with the sale and be willing to be evicted if necessary.

If the worst case comes about, I could afford to purchase the property for cash, hopefully at some discount from market and rent it or sell it back to my sister at some reasonable monthly amount that she could afford to pay.

At the end of the day, I believe that my sister living in the house for 7 years, while working for his organization the entire time, coupled with his statements to members of my family, together present a very strong picture of the deceased intent regarding the disposal of the property.  What is the best strategy for us, so that my sister is able to remain in her home at the lowest possible cost to her?

*Edit (the House is in MS, the estate of deceased in TN)

Answer:
 >At the end of the day, I believe that my sister living in the house for 7 years, while working for his organization the entire time, coupled with his statements to members of my family, together present a very strong picture of the deceased intent regarding the disposal of the property.

You may feel that way, but it is tough to prove that.   If you want your sister to stay there and can afford to invest, why not make an offer for the home in "as is" condition.


Title: [FL] Expensive package stolen, found thief trying to sell it on social media

Question:
I'm in Florida, the seller is in Canda. I had an item that was meant to be shipped to me stolen in transit. It was NOT delivered. It was "lost" sometime after it made it to the local warehouse. The item was worth over $3,000. FedEX gave the seller $500 from the insurance he bought (then essentially told him to piss off), and the seller went to send me another item. The replacement has not yet been sent.

The seller found the thief trying to sell the item on social media. It is a very specific item with ID numbers all over it, so proving it was meant to be mine is no problem. Where do I go from here?

I was planning on contacting the police and seeing if they could do a set up of sorts where a plain clothes officer accompanied me to "buy" the item, confirm the ID numbers, and have him arrested.

Answer:
 Can you 10000% confirm that item once is selling is yours? If so contact his local law enforcement and explain the situation and file a report they'll follow up on the incident. Ask imif you should contact Facebook to remove the post. If they believe there to be cause to do so they should remove it. Go from there you can't tell the police to do their job a specific way you can maybe recommend doing a buy and see what they say but you better have damn good proof that specific item is yours. Answer #2: As the item has NOT been delivered to you, if the seller does not send a replacement then you are entitled to a full refund. Start by escalating on the platform you used (eg Amazon or EBay).

You should not be doing anything to track and recover the item, that should all be down to the seller.Answer #3: It's time to call the local cops and hand off the information. Answer #4: Not your problem man. If the seller doesn't deliver what you ordered, you talk to them and either get what you ordered or get your money back. You don't need to worry about a stolen or lost delivery.


Title: [IL] Can I be fired for having seizures?

Question:
I started a new job about 3 months ago and one month ago I had a seizure (*first one in my life*) and since then I have had many more. My neurologist initially said I couldn't travel for a month but after seeing me this past week extended it another month with a note saying it was not good for my safety.

The bad part is my job requires travel and by state law I cannot drive for at least 6 months and this keeps happening (seizures) while the medication (Lamictal) is starting to kick in.

I just started this job and on Friday my boss sent me an extremely carefully worded letter talking about my job responsibilities with travel, making accommodations and what other restrictions my doctor might want.

I can't afford to lose this job or my insurance and the tone of the email made me feel like they are trying to find a legal way to walk me out the door now.

The truth is I don't know what other restrictions my doctor may put on me so I don't have a good answer for that. I can do most of my job remotely and I'm a good employee but I don't know if I'm being setup to be fired but that is what it feels like.

I'm also HIV+ (*they don't know this*) and my meds cost about $3,500 a month at retail pricing which is why I desperately need this job and the insurance. I can't afford to lose this job but I keep having episodes and my BF tells me (*I don't remember them*) that I'm becoming increasingly erratic, panicked and aggressive with trying to fight back when I'm having a seizure and in the postictal state afterward.

I don't know what to do.

Answer: Unfortunately it sounds like the accommodations that you request aren't reasonable for the employer to execute you.  So yes, they can terminate you.  See if you can COBRA the health insurance if that happens until you are able to get new employment.


Title: [MS] Collections companies keep ghosting me regarding a debt I owe.

Question:
I took out two private student loans totaling about $33,000 to cover the cost of flight lessons in my 14 CFR Part 141 university-sponsored flight program at a school in West Virginia. I lived in West Virginia at this time.

After graduating, I relocated to Florida. I could hardly afford the $350/month payment. I missed a few payments, and tried everything to get the loan servicer to work with me, but they would not. In May 2015, I defaulted.

A few months go by, and I'm contacted by debt collection company A. They ask what I can pay, and I say $200/month. They set up automatic debit beginning in October 2015.

In January 2016, my debit card expired and I had a replacement issued. This caused me to miss January's payment (this was an honest mistake on my part, I forgot to notify them). They called in February, and I set them up with my new debit card number. They asked if I could make January's payment in addition to February, and I said maybe, and that I'd have to check my accounts first. After this conversation, there were no automatic debits from my account, and no more attempts were made by the company to contact me. The debt continued to be reported on my credit report as two delinquent accounts, but I made no more payments. I shrugged it off.

Fast forward to September 2017. We moved to Mississippi. My wife is contacted by debt collection company B. They ask if we can set up $1000/month payments for three years. After we said no, they asked if we wanted to apply for financing through their partner, a credit union. We said not at this time. We requested verification of the debt. I never spoke to them, only my wife did, and she is not a cosigner or anything else on my loans.

Verification of the debt arrived, and it consisted of the original promissory note for one debt, but an "Affidavit of lost promissory note" for the other, with a signed statement from a representative at the original creditor stating the promissory note was lost.

We wrote a very detailed return letter stating that we'd like to start by making a small payment of $100/month so that we could improve our financial situation, and progressively graduate our payments to larger amounts, at our discretion, over the next few years. It was an optimistic letter to say the least.

We have not received any kind of response. Debt collection company B has not reported the debts to the credit bureaus, and the debt from collection company A disappeared from my report. It has been more than six months since we sent the letter. We have not received any calls.

Why are these companies ignoring me? I want to pay back this debt, I used the money so I feel it's only fair that I pay it back. For some reason though, I keep getting ghosted by the collections companies. I'm worried they're going to show up with a court summons out of nowhere and garnish my wages without trying to work something out first.

Could they be ignoring me because of the lost promissory note? Is the debt beyond the statute of limitations? Some other private student loan lenders were in trouble for irresponsible lending practices, could this lender be one of them? Would that even affect attempts to collect?

What should I do?

Answer: They can't validate the debt so they can no longer report it. They can still sue you for it and you will have to fight it out in court.


Title: I think I'm a victim of a hostile work environment.

Question:
So bear with me, this might take a little time. I'm in Iowa, and in February I started working at a cheap, corporate steak house. The benefit for me is that I've worked at much nicer and more disciplined restaurants. I have better habits than the young kids I'm working around. So after a couple of months I was noticed by management kicking ass and doing a great job. They offer me a little promotion from regular server to Closing server: better money and a little more responsibility. Then, one fateful Sunday night, I'm sitting at a bar minding my own business and in walks my immediate supervisor and his boss.

They sit me down (at the bar) and tell me they think I should go into management training. They think I have what it takes to make some money in their company, and we chat about it for a couple hours. Well, big boss is going out of town for two weeks, so I have some time to think about it. So I stepped up my game and got serious and decided to go after something. In two weeks, Boss comes back and I sit him down and say I want it. This is where the "fun" starts.

So he promotes me to Key Hourly. We have 2 other key hourly positions already, so it is obvious that this is just a change in title to start me on my way. But this is where things start to change. Servers are a bitchy group with lots of gossip. And this is where the gossip starts about me. I don't hang out with anybody I work with. I'm a little older than they are and I like to drink more. But I start hearing my name around the restaurant attached to a lot of gossip. I start hearing that people have been going to the Boss and telling him things I do. Drug dealer and pedophile came up. I hear this shit and I just think "head down, work hard, let your work speak for you". Well I started losing friends and respect all for things I have never done. We had a facebook group so we could switch our shifts and joke with each other. The hammer came down from corporate that they didn't want the group active anymore because it's bad for PR. That is not the way the employees interpreted it. They kicked me out of the group because they thought I ratted on them to corporate. The real reason is that the big boss just wanted it gone, and the corporate story was just made up by managers. I told him I'd been ostracized because of this miscommunication, and nothing was down to clear my name. I'm now viewed as a rat by everyone. And there is more.

So a couple weeks ago I was pulled aside by the big boss and told that because of all this shit he keeps hearing from employees he is taking away my promotion. It's not based on work, it's not based on merit, it's based on hearsay.

One week ago a server flipped out on me and in front of a group of people called me a "drug addicted pedophile". I told management and nothing has been done. Nothing.

Guys, I don't know what to do. I can't ask anyone to do anything because I don't have any authority and they are all looking for reasons to pick me apart. I've already been offered the management position by my Big Boss's Boss, and now I think all this is in jeopardy because some jealous kids don't like that hard work can get you what you want. I make eye contact with people everyday who think I'm dealing drugs and making sexual advances on children. No one talks to me. I don't have anything to say to anyone because I'm so sure they are going to talk shit about me. Someone mentioned to me that I don't talk as much and I responded with "because even when I don't say anything people spread rumors about me." I don't know what to do. It's hard to do good work in this environment. It's hard to feel good in this environment.

Answer: Sounds like you need a new job, around less toxic people. Yes, the environment is "hostile" in a colloquial sense, but it's not in a legal sense. You were not denied a promotion because of your membership in a protected class (race, gender, religion, etc.) you are having trouble because people there are being jerks. Answer #2: Well it's not an illegal hostile environment. But you really need to try and understand what is occurring here. According to your narrative you are a very hardworking person who doesn't get involved in anything but focuses on work. And yet all of these people are calling you a drug dealing pedophile. Either you somehow stumbled into a nest of actual sociopaths who somehow like to work together (a bit implausible). Or there is something missing from the story.


Title: [MI] dirty pen pal revealed they're a minor in the middle of the conversation

Question:
I'm a woman in my mid-30s.

I was exchanging erotica with someone who I knew was male but didn't I didn't really inquire about his age. I knew he was younger than me because it was apart of our role playing but I assumed 18-21.

We didn't exchange any pictures or anything, just descriptions of sexual acts. Then he tells me he's "really 16" and asks if we can meet in real life. I told him to stay in school and blocked him immediately.

We were introduced via a subreddit and I also notified the mods of the sub and said there was an underage person communicating in a sexual nature with adults and not disclosing they're a minor.

Am I screwed? Having a minor panic attack here and waiting for the FBI to bust down my door. Seriously I shut it down the second he disclosed his age.

Answer: You shut it down. Just don't speak with them again. You didn't send the minor, nor did the minor send you, any nude images. If you feel the need to, I'd say change your number but.......dirty pen pal? Were you writing sex-filled letters to each other?Answer #2: Also be aware there's a very common scam where a person starts sexting with a scammer, and then soon after, the scammer claims to be under 18 and threatens to report the conversation to the police, but will keep it quiet for money. Usually there is no minor involved, and it's just an extortion scam.


Title: What legal options do I have to remove stinky customers from my store

Question: I run a small game store in UT / USA and have two customers that smell like they rolled around with dead animals. The problem is, they are notorious in the community for suing businesses and I know that they have sued over supposed sustained injuries while on another business's premise and I just want them gone. They are affecting other patrons who will leave immediately (and some times never come back) because of the smell. However, I am terrified that if I kick them out and ban them from my store that they would have some sort of legal angle as retribution. We already have signs posted around the shop asking patrons to please attend to their hygiene or they can be asked to leave. Any advice is greatly appreciated.

Answer:
 >We already have signs posted around the shop asking patrons to please attend to their hygiene or they can be asked to leave.

That in and of itself is kind of odd.


Title: Forcing Ex wife to move

Question: I have full custody of the children our divorce is final and my ex has no visitation rights either. She was homeless so I let her stay on the couch for a bit, found out she was on meth and tried to kick her out. She claims she now has renters rights and won't leave. Can I force her out of the home using my custody agreement to protect the children? My kids come back from vacation with their grandparents in a week and I can't expose them to this. I live in Idaho.

Answer: You need to terminate her tenancy the proper way then evict her if she refuses to leave after the notice period.


Title: I was given a ticket for "flashing oncoming vehicles to warn them of a speed trap." I was actually flashing to warn them of a deer. Can I fight this?

Question:
Hi,

I live in Massachusetts. (Sorry, initially I said Rhode Island out of habit but just moved.) Tonight I was out driving and passed a police car parked with its lights off, watching the road. A little further down the road, I saw a deer grazing by the sidewalk. I flashed my headlights at several cars so they would know to be alert and keep an eye out for the deer. Frankly I knew they would be keeping an eye out for the cop after being flashed but didn't care as long as they were on alert. I was pulled over rather quickly and given a ticket. I explained that there was a deer and the officer did not believe me and told me he didn't see anything.

Is there any way I can fight this or am I out of luck? I am not happy that it seems the legal system does not want us warning other drivers of potential hazards.

I didn't use my high beams, I turned my headlights on and off, if that matters.

This was not in a wooded area which makes my claim seem rather ridiculous, but deer are known to live in developed areas. It was not in the city and there is a large park with a forest a few miles up the road.

Answer:
 Mass. lawyer here. You should definitely fight this ticket. Be sure to make a copy of the ticket before sending it in to request an appeal. They will schedule a hearing in front of a magistrate and you will need to pay a fee when you get to the court. At the hearing, there will be the Magistrate (court clerk with powers) and a police representative (actual ticketing officer will not likely be there). You will likely win and be found not responsible simply by just stating that you were warning of a deer.  However, I definitely think it's worth noting that other jurisdictions have recognized flashing high beams as First Amendment protected free speech. I quickly tried to do a search for anything in the First Circuit but didn't find anything.

Edit to add: If you lose the magistrate hearing, you should request an appeal and hire a lawyer. The $500 for a lawyer will certainly be less than the insurance premium increase you will pay.Answer #2: I would call the prosecutor's office and see if you can talk to the prosecutor yourself.   I prosecute traffic crimes and if you came to me with this story I would say "I don't believe you but there is no way I can prove you are not telling the truth and it looks like the statute doesn't apply anyway so I will dismiss it.  You don't need to come to court and you don't owe anything"

I seem to remember a similar case years ago where an appeals court ruled that flashing your lights to warn drivers of an upcoming speed trap wasn't illegal.    But I'm not going to do the research to find it.


Title: Roommate broke a phone I owned on purpose.

Question: So my roommate moved out and the phone he was using belonged to me on my plan. I told him he could keep it until I moved my new roommate in because she would need the phone. He broke it directly after leaving. The phone has no insurance, however I've got Facebook screenshots of him talking about intentionally smashing it, soaking the battery in water overnight, etc etc. He did everything he detailed in the post. Is there anything I could do? It was an iPhone 5c so it was pretty expensive.... Is there a route where I take him to court or anything like that?

Answer: Small claims court. In my county in KS I had to go online to the court office, fill out paper work with my reasoning and then turn it into the court. I took pictures of the filled out paper work and sent it to the person I wanted to take to court. You take your evidence (printed screen shots) to the court with you if a judge will hear the case (i did not have to include it when I turned in the paperwork to be filed). Thats your best option and since it was an iPhone 5c how new was it? Take it to your shop and get it appraised and if its damaged beyond repair, ask in your small claims court to be reimbursed court costs and for a brand new phone.


Title: I'm from Canada. It's a very popular scenario here for old-age folks to move down to Florida when they retire. How do they do this legally (i.e. visas)?

Question:
My understanding is that there's three main ways to gain residency in the States: education, work, or being related to a US citizen. If these folks are retired, how are they able to just up and move down South? Interested to know if there is a specific type of visa for this purpose or something. My in-laws want to do this when they retire in a few years as well but I haven't the slightest clue how.
Topic:
Immigration

Answer:
 The classic "snowbird" travel plan - winter in Florida, summer in Canada - relies on visitors' visas being valid for up to six months at a time. Canadian citizens can obtain a visa on entry, provided they can satisfy the border control agent of their intention to return to Canada and of their ability to support themselves in the US without employment.

Permanent immigration requires more work, and generally an attorney.Answer #2: Snowbirds mostly don't permanently move as you lose Canadian health insurance if you are absent for more than 6 months and American insurance gets pretty expensive.