Title: Girlfriend falsely accused of shoplifting in BC, Canada

Question: [deleted]

Answer:
 Yeah, she definitely admitted guilt when she signed that form. She's going to get a bill in the mail soon, and they've got her signing agreeing to settle this civilly instead of them calling the cops.

She should have demanded a cop, if she didn't steal anything, though I'll agree with the other poster that opening boxes is theft


Title: Being Blackmailed and I Don’t Know What Else To Do

Question:
Hello everyone. I did something really stupid and that was exchange nudies on the internet. Yeah yeah it was really stupid. Besides that point. She has threatened to release said photos on the internet. I filed a complaint with the FBI since it is interstate and am going to the local police department. I’m now currently looking through the internet to see if the photos are up using my name. Is there anything else I should be doing? His is in Florida.

The person didnt ask for money at all.

Answer:
 Even if this isn't the garden-variety scam in which it's some dude in Bangalore, it's still a scam.

Block, ignore, and move on with your life.   Do not pay.   Do not respond.


Title: Do I have to give a customer my name?

Question: I work at a small grocery store and a rude customer demanded my name because of a pricing issue. He asked for my manager and demanded my name because he claimed I could just change the price of an item at will. He asked for the stores number and caused a big scene. I refused to give him my name out of fear but do I legally have to give him my name? The grocery store gives us name tags but they don’t force us to wear them.

Answer: No, you don't legally have to tell them your name.


Title: (CA) City code enforcement is demanding to enter my home because I have bars on my windows.

Question: A couple months ago I got a citation in the mail from a city housing code enforcement officer.  She gave me a laundry list of violations, most of which were legit violations (I looked them up) but in my opinion not worth citing someone over.  One of the items which was not legitimate was that the bars on my windows need to have emergency egress latches on the inside if they're in a bedroom.  Every window in a bedroom has an emergency escape latch.  I told her I would be happy to leave the latches open for her on a day of her choosing so that she could come see that they in fact open.  She says she has to come into my house and see the mechanism functioning.  I would have to take time off work, and let this inspector into my house where I assume she's going to try to find another laundry list of violations that I don't know exist.  Isn't this a violation of my 4th amendment rights?  Simply having bars on my windows is reasonable cause for a government search?

Answer: You don't have to let the inspector in to look at your bars, provided you're happy with the citation remaining open and with your house potentially being declared unsafe for habitation. You can choose to let the inspector in, instead, if you'd prefer that the citation be closed.


Title: Can my family legally force me to stop using my name?

Question:
I grew up in a Christian family and converted to Islam.  I work as a professional musician and have a website for myself.  My name is very obscure and ethnic.  Basically the only people who have my name are others in my family.  My family is pressuring me to change my name to my husband's name.  He wanted me to keep my old name because he thinks it honors my family and his name is very, very common among Middle Eastern people but has unfortunate connotations to Westerners because of one terrible person.  I get messages online from them telling me to change my name all the time and that I'm bringing shame to our family.  My cousin is a pastor and my webpage shows up and his profile for his church is above it.  My sister threatened to sue me to get me to stop using our name.

I want to give up and change it now, but everyone knows me by my old name and it's pretty important for my career.

Sorry, this is in New York.

Answer:
 >My sister threatened to sue me to get me to stop using our name.

Not "our" name. They want you to stop using YOUR name. And no, they can't do that via a lawsuit or otherwise. Answer #2: I don't even think SCOTUS has the power to force someone to stop using their own name let alone an average family.Answer #3: On the personal side, there is nothing preventing you from taking your husband's last name legally and continuing to use your current name as a stage name. NY has a DBA ("Doing Business As") registration that is ridiculously easy and cheap, just for some added protection.

But no, there is nothing your family can do to get you to stop using your name. Answer #4: NoAnswer #5: I am assuming you don't really talk to them any longer.... Ask them to change their name if they don't want to be associated with you.Answer #6: Don't give in.  They have no standing.

Obviously, if they do actually sue you show up to court but its obvious your sister has no idea how lawsuits even work so thats not likely. Answer #7: >very common among Middle Eastern people but has unfortunate connotations to Westerners because of one terrible person.

I'll take "What is Hussein or Bin Laden?" for 500, Alex


Title: [CALI] Someone keeps calling the cops on me and no one knows who

Question:
Ok first off this is my throwaway account. I am a livestreamer has a lot of followers, in fact around 300,000. Theres this dude that lives in Europe and he keeps calling the police on me just to ruin my day, and at this point he's costing me my job. I took a trip and he some how called the building I was in making threats using my number somehow and I have no idea how. I was stuck in police custody for hours

Ive done all I could at this point and I don't know what to do

Answer: How many times has this happened? What specifically happened when the police arrived? How was it resolved? Did you speak to any supervisors (sergeants or lieutenants)? Have you changed your phone number?Answer #2: Ice? Is that you? In any case, you need to change your number, call your cell provider and see if you can somehow trace that call. Answer #3: In addition to what has been mentioned, consider renting a co-op/shared/etc office space or studio where you can work from a few hours a day. Depending on your area, it might be worth the investment.


Title: Hiking/camping in Canada with a gun... How can I go about this legally?

Question:
Some friends and I are thinking about going hiking and camping outdoors next year in Banff/Jasper, Canada. I was wondering if anyone here could help me out on the legal side of taking a gun with us.

I am a Canadian citizen living in the US and they are all US citizens living in the US.

I guess my question is, who can have a gun and what is the proper way to acquire it. I've read some stuff online but I think I need it ELI5.

Thanks!

Answer: Firearms are not permitted in Jasper and Banff.  It's a national park and wildlife reserve.  There's pretty heavy fines for getting caught with any kind of weapon there.


Title: Broke a lease 1 year ago due to uninhabitable living space . To my knowledge we followed all legal protocol. Got a letter in the mail stating they are coming after us for backrent and if we do not pay they will sue us. No lawyer in our state (OK) will take tenants sides in a tenant landlord dispute.

Question: I’m fairly confident we will win the case if taken to small claims court. But I have to answer them very quickly (they gave us thirty days- I have one day left) because we spent all our time trying to find a lawyer. Not a single one is willing to represent the tenant in a tenant landlord dispute despite not seeing our evidence. How do I answer them? The letter was from a lawyer but we are not officially sued yet. If I do not answer in the next day they said they will proceed with suing us and garnishing our wages and putting liens on our possessions. What should I say to them to bide is more time to find someone to represent us?

Answer:
 You're not legally required to respond to their attorney. If you choose to do so, it may not have any effect on whether they decide to sue you or not. A lawsuit also does not automatically mean they can get liens or seek garnishment: they have to win, first.

If they file and you want more time, file an initial response denying the claims, and then ask the clerk how to file for a continuance to reschedule the hearing to a later date. Most courts allow parties to make changes like this fairly freely as long as it doesn't cause serious harm to the other party's interests, and so long as nobody abuses the privilege.


Title: My girlfriend (F23) wants to keep my (m24) kid. We live in Kansas

Question:
Alright. This is gonna sound like a lot of drama because it is but bear with me. If you want to skip to the end I'll have my TLDR.

We fucked without a condom. Shes pregnant. Fuck. Okay. So even before this we decided abortion would be the unfortunate best solution and still thought so after we found out.

Heres where I fucked up, and yes I know I was a dick in retrospect and I dont know why I did it.

Two days before the procedure we split up. I had gone to a female friend of hers whos been in this situation wanting to know how to let her down as easy as possible and she said just talk to her asap.

In the words of Bill Burr, why the fuck would you do that you never cross enemy lines.

So as a result of this the friend leaked it and shes pissed. I understand that I should have just toughed it out in general but especially before the procedure. As a result of this, today at the time we were supposed to both be at the clinic, only i was there. She wants to keep the baby. I went to the police station because she said she was going to kill herself and I still care about her and dont want that to happen.

NOW, the applicable information. I wanted to leave her because she has no financial agency over her life. Her mom by hook or by crook fucked up royally in the last state they lived in and cant have a checking account. My girlfriend and her thus have a joint bank account. Her mom takes all of her paychecks and blows it on stuff. Has made her buy the mom a motorcycle that she then never got a license for and has never ridden. I tried getting her to care about her finances, even said I'd get her up and take her to a credit union to see about a new account since she has no motivation to do anything about the situation and flatly told me no.

She smokes weed all day, plays video games, watches TV and thats it. She would have been fired a week ago but the way our disciplinary points system works at our job, they have to give her a final written warning before being released. As of current, out of a maximum 12 disciplinary points you can have, she has 12.5. This means that the instant she screws up again or cant make it to work (I'll be honest, this pregnancy has been rough on her anyway), she loses her job.

She hates her job but wont look for another one. Flat out said no. When the bill came due for the abortion, the burden was on me to pay for the whole thing.

Also as far as im aware, i might be wrong, but she has debt from her previous state she lived in that she just... blows off.

This is why i left her. Timing was shitty but yeah.

Shes been blowing me up saying all the shit you say when a breakup happens.

Heres the thing. Instead of getting the abortion and then threatening to kill herself, she cancelled the abortion and threatened to kill herself while she has my child in her. I dont want her to kill herself anyway, but my kid being taken out like that, that i cannot handle.

Shes been institutionalized before for schizophrenia, this is the second time shes been institutionalized (since i alerted the police to a possible suicide attempt).

Ive screenshotted everything. What i need help with is if this baby actually makes it full term and comes out alive (shes still smoking and drinking, when we found out she was pregnant she said 'i can try drinking it away, Ive done that before) i want custody because she has proven to me she is an unfit mother. Her family is slowly starting to send me texts. Im screenshotting everything. Im not talking to her, im letting her blow up in the hopes that this will help me when the kid is born.

It should be said that as much as i want to be a dad i cannot give the child adequate support, I'm just too broke. I feel like im going to give the kid up for adoption if I get custody. My mom could barely support me and I dont want that for my kid.

What can I do to make sure I get custody?

TLDR my ex is seemingly being a peice of shit and  i want to see about custody. Shes one month pregnant. Help?

Answer:
 You can't do anything about custody until there is a baby. Right now she's a woman with the medical condition of pregnancy.  The best thing you can do right now is avoid making the situation worse by engaging her family. Start saving up as much money as you possibly can.Answer #2: You don’t get custody over a uterus.

Once the baby is born you’ll have responsibilities as dad. It is unlikely you would be awarded full custody and be able to give up the child for adoption against mom’s wishes.

If you believe she is a risk to herself or others call the police. Answer #3: You can get yourself a family lawyer once the kid is born and go to court for custody.


Title: Can We Break Federal Law during A Goverment Shutdown? [Oregon][Colorado]

Question: [removed]

Answer: No. JFC obviously no. Does your friend even know what a government shutdown is?Answer #2: Drug trafficking!  This is a fantastic plan, but could you figure out how to add human trafficking to it?  Like instead of just transporting drugs, maybe you could fit a couple sex slaves in the trunk.  And don't forget the bombs and guns.


Title: My pharmacists gave me the wrong prescription which I took for 6 days without realizing it. Should they be held responsible for mental and emotional anguish?

Question: Im in Tennessee. I have bipolar type 1 with psychotic features. One of the medicines I take is an antipsychotic. My pharmacists filled it (respiradone) with ropiridol. During the six days that I took the wrong medicine I experienced loss of sleep, delusions, paranoia, audible and visual hallucinations. The gave my money back a gave me the correct prescription but my experience was pretty terrible. Do I have legal grounds?

Answer: You have to prove that taking this other drug caused your symptoms. Regardless, I would consider talking to a malpractice attorney to evaluate all the facts (because you gave us little to work with here) to see whether you have a malpractice case against the pharmacist. It's a pretty big fuck-up, but you have to establish damages. Answer #2: Anything even remotely into the realm of medical malpractice is outside the scope of this sub. If you feel you're life was drastically altered by this incident, consult a local medmal attorney. Most will give a free or low cost consult.


Title: [KY,USA] Employer is trying to force me to sign a document that says "If you work over-time and it is not approved by me (owner), you will not be paid at all for that time worked" - Is this legal?

Question:
Pretty straight forward.

It's a small company (less than 15 employees) and they were in the hole when I came on board. Been here about 8 months and we're finally pulling in a pretty nice profit. They hired an accountant and he basically told them to put a stop to the overtime of all employees. (I had been getting ~10 hours of overtime a week for the past 6 months. Of course we have the same workload, we're supposed to perform miracles I assume now)

Sucks to be losing all this money but the owner is **rarely** ever here. Maybe once or twice a week and she recently gave all the employees a document to sign that says if she personally does not approve the overtime, even if you work it, you will not be paid *at all* for it. Even at regular pay.

EDIT - Forgot to say, in regards to the *forcing* part; She has implied, without directly saying, that she will fire anyone who doesn't agree to sign it. She's said things like "Well, if your signature isn't on that document, I can infer that means you're providing your resignation".

Is this legal?
Topic:
Labor Law

Answer:
 OP, I happen to be fluent in Shitty Employer Bullshitese, so let me translate that "contract" into plain English for you:

- "I have no idea how Federal or State law works and am so dumb, I'm putting my illegal intentions down on paper.  This is fair warning that you should probably start looking for a job with a boss that's not a complete dipshit".

Good luck.Answer #2: That document is not enforceable. Even if you signed it, you could still file a wage complaint and win. It holds literally no weight.  I see you have 3 options.

1. Don't sign it. If they fire you, file for unemployment and look for a new job.

2. Sign it, and as soon as you hit 40 hours in a week stop working immediately and leave the workplace.

3. Sign it, and work overtime if you have to. If they don't pay, file a wage complaint. If you get fired, file for unemployment. Whether or not you will collect benefits will be largely dependent on whether you were told to work OT or not. If you consistently work OT and have been told not to, that can be good enough to be denied unemployment.


Title: Driving roommate's car, he was apparently holding in trunk. Need help. AZ

Question: I was driving my roommate's car today on the way to work and got pulled over. Cop immediately asked me if someone in the car could have been smoking weed and I said no because I hadn't. He asked if he could search the car and believing I had nothing to worry about said yes believing it would avoid me having to be late to work. While searching a bag in the car he found cocaine, maybe a little less than a gram if that. Wasn't my bag but he kept pressing me until I stupidly admitted to stuff in the bag being mine like gym shorts. They then handcuffed me, put me in the car and searched the car. Found nothing else and offered me the opportunity to talk to a detective later on a phone call about where I got the coke (which still wasn't mine but I figured i know where to get it.) They processed me, took my finger prints but no reading of rights or anything and released me within the hour. Don't know if I am being played though and am just gonna get fucked over once I talk to the detective. So any advice would be helpful, can't afford a lawyer so basically this is my only hope for advice.

Answer: Do NOT speak to the police further. Call a criminal defense attorney immediately.


Title: [IL] Bought a house and immediately have plumbing issues.

Question:
My husband and I bought a house in May of this year and moved in at the beginning of July. We had a home inspection by a reputable business and there were only a few minor issues that were then taken care of by the sellers before we bought. The house was not "as-is" and sellers did not disclose any issues on the disclosure contract.

The first week after moving in we did some laundry and noticed that when the water drained from the washing machine, the toilets would bubble with air. The tub also backed up with what we assumed was the washer water since it had lint in it. We put a snake down the washer line to see if maybe there was a blockage, but the snake had no problem going all the way down.

We ended up having to call a plumber when the toilets overflowed (just clean water thank god) during another load of laundry. The plumbers rodded the sewer line and discovered tree roots. They got only so far before there was a blockage. They put a camera down and discovered water in the sewer line at the blockage so the next step was digging up our lawn to see what the issue was. Turns out that the pipes had massive tree root damage. Everything was repaired and we spent a total of $4,000.

My husband said that the sellers MUST have known about the tree roots so he decided to call around to local plumbers in the area and see if they had done any rodding on the lines during the past year or so. And it turns out yes! A company did rodding down the tub and one toilet in February and April of this year. We looked at the house disclosure again and the sellers had signed it (noting that there were no known problems with plumbing) in March.

Are we able to make the sellers pay for all the plumbing work? Do we talk to their attorney first? I am not sure where to start. Thank you so much in advance!! Any advice is appreciated.
Topic:
Real Estate law

Answer:
 Regarding the cost I agree work like this varies greatly in cost depending on the area. I don't agree that addressing tree roots in the sewer lines is a yearly or even a common expense. That's not the part that matters here though.

If they signed a disclosure claiming no issues, and you can get proof from the company who was there previously which states there was a problem...then they have a problem.

I'm not certain if your state requires a lawyer at closing or not but if they did I would contact him/her. If you had a buyers agent during your purchase I would also speak to him/her.

Proof of their prior knowledge is key here. Once you have proof I'd move forward with contacting the above mentioned people and tallk settlement.

Congrats on your new home, btw, I'm sorry you've had to deal with this so soon after buying it.   Answer #2: The Illinois Disclosure includes the following language:

"These disclosures are intended to reflect the current condition of the premises and do not include previous problems, if any, that the seller reasonably believes have been corrected."

Remedy under the statute includes: " shall be liable in the amount of actual damages and court costs, and the court may award reasonable attorney fees incurred by the prevailing party".

There is a 1 year S/L from earliest of date of possession/occupancy/recording.

Talk to your attorney first, not theirs.


Title: My employers broke a verbal (?) hiring contract with me and I have been forced to resign because of it. Is this grounds for any sort of lawsuit? (New Jersey)

Question:
Upon my hiring at company X, I was sent a written proposal by email that said, among other things, that a specific, private residence on the business premises would be provided for me to live in. I asked if they wanted to draw up an official contact and they said no, that they were good for their word. (I will add that in the industry in which I work, formal contracts are rare).

They have hired a new person to fill a different role in the business and have decided to give her the house that they stated I would be getting. As a result, I had to resign...although in the meeting in which we discussed this, after I had told them that I was considering giving my two weeks' notice, they made it sound, all of a sudden, like THEY were the ones making the decision to terminate my employment and, thus, fire me. In reality, the only reason that I am leaving is because they breached the "contract" we had at my hiring regarding my housing.

Being put out like this has forced me to lose money (I had been told that as a bonus for my good work, I could bring a leased horse free of charge to the property and had payed for him and was planning to bring him next week...now I have to break my lease contract because I don't have a place to put the horse; I had just paid to register my vehicle in the state; I had bought a plane ticket for my boyfriend to fly out to visit in two weeks, etc.), and my employer has been altogether a jerk. Is there any grounds for action for their breaking the verbal contract?

Answer:
 Why did not receiving a specific house "force" you to resign?

And, if the company is acting like they're firing you....then they *are* firing you.  And unless your actual contract guaranteed that you would remain employed for a specific period of time, then firing you (or your quitting) isn't a breach of the contract.  And you would have lost the house anyway.


Title: Trying to get a drunk driver caught

Question:
Hello all! This is my first post, but I read lots of these posts so I think you can help.

I have a friend. He is an alcoholic. He is always going out and drinking and driving. He just bought a motorcycle and I'm afraid he might crash it. I know he goes and plays softball once a week and they all go to the bar after. Is there a way to set something up where he gets caught?

 I've tried to confront him and he just lies and lies. He has 2 girls, and last night at their soccer practice I could smell booze on him. He seemed perfectly fine, and said he was smelly because he got drunk the night before (soccer was in evening).

I wan't him caught by the police. How do I do this legally? I KNOW he's doing it I just don't know how to prove it? Should I call social services, even if I have no proof? He is a master manipulator and can schmooze anyone.

Help!

Answer: You can report this to the police. They may or may not do anything.Answer #2: It's not your job to investigate or prove a crime.  You call the police and truthfully tell them that you know a person who is committing crimes, and you let them figure out how to investigate and gather evidence of the crime.


Title: Tree fell over into neighbors yard and now they are suing me.

Question:
This is in Ohio.

There was a rather large tree in my backyard that was knocked over during a very windy storm this past summer. It consequently fell into my neighbors backyard/property. They are now suing me for damages (only very minor to their roof/gutter) and for the costs for removing the tree.

My neighbor did not give me any sort of chance to discuss this with her. She immediately hired a lawn care company the next day and they came to remove the tree.

The complaint states that the tree was “rotted” and that i should have known this. I am not a plant biologist and there’s no way i could have reasonably known this without uprooting the tree myself, if her claim is even valid.

I am going to have to consult an attorney, but is anyone aware of the law concerning stuff like this? Wouldn’t this just be something that’s totally out of my control/an act of god?
Topic:
Other Civil Matters

Answer:
 Your defense that you didn’t know the tree was unsound would likely be successful in the absence of contrary evidence.

But you should absolutely involve your homeowners insurance and allow them to handle the claim. Raising that defense if the find that appropriate.


Title: Neighbor shot my brother's drone, doesn't want to pay for it.

Question:
This is in Central CA, in the influence of city limits. So kind of rural.

My brother was flying a drone on our parents' large property when our neighbor shotgunned it down.

We know the drone was above our property because it crashed next to our driveway, around 203 feet from the dirt road dividing the neighbor's property from ours.

My brother confronted the neighbor and the neighbor said to bill him (verbal). He tallied up the cost of damage and sent him an itemized bill for $700.

Over email, the neighbor then said he'd pay half and requested my brother next time give him the courtesy of letting him know when he's "testing surveillance equipment."

There was no camera on the drone, or the cost would have been an additional $300.

My brother responded to the neighbor's "offer" by pointing out that the drone did not have surveillance equipment and was above our property when it was hit.

He also pointed out this is the third time discharge from the neighbor's firearms hit my parents' property (he accidentally shot the garage door - and the bullet hole is still there; we've also been rained on by pellets from his skeet shooting).

My brother added that he only expects full remuneration for the damaged equipment, and that if he were to charge for an entirely new rig, the cost would have been $1500.

The neighbor responded: "Your facts are incorrect. I now consider the matter closed." What are our options?

**Update:** Filed a report with a county deputy. It's now up to the DA whether to file felony charges for destruction of property (because the gun that destroyed the drone fired birdshot, it's not going to be negligent discharge of a firearm). Will also further pursue in small claims court.
Topic:
Douche

Answer:
 You should also notify the police. It's almost assuredly a crime to discharge a firearm within a certain distance of residential property within the city limits.Answer #2: talk to the police... these negligent discharges are not good.Answer #3: 1. Report this to the FAA - shooting at flying objects is their jurisdiction.

2. Wtf is that about birdshot? The type of projectile is irrelevant. California Penal Code Sec. 246.3 applies to BB guns, so birdshot is certainly included. If the drone could have fallen on a person, that section certainly applies.

3. Tell your local sheriff that this is the third time this guy has had a ND that affected **you**. Who knows how many times he's done this to other neighbors?! His shotgun could be seized as evidence...

EDIT: [Shooting down any aircraft is punishable by up to 20 years in prison, under federal law]( http://www.law.cornell.edu/uscode/text/18/32)Answer #4: Not looking to start an argument about drones or anything, but OP you may want to check into the legality of flying such a device in your area, if nothing else for CYA.

Reason I mention it, I remember recently passing over several headlines that indicated a negative trend in California law enforcement's view of devices like that, not to mention some recent article about the FAA starting to make noises in the press about them.


Title: Paternity and rights concerning the child.

Question:
So this may be a typical paternity question and as such it may be easy for you guys.

So here is the situation. My gf of the time had a child on oct 15 of this year. during this time i was living with the mother to care for the child. Recently the relationship has blown up and i have since moved out. During the move the mother attacked me and bit me and has a history of verbal abuse to the child while i lived with her. I have no evidence of this but my family has seen this including my little brother (13yrs) Who saw her throw the bottle at the child who is 2 months old now... after he wouldnt eat when crying.

Now that i Have moved out the mother had made it clear that she will not let me see the kid when i know as a father i have visitation rights. She wont let me see the kid as i have a new SO who makes my ex insecure about herself as she stated herself.
I know that legal battles in cases like this have many hardships especially for a father. But what resources do i have with this and how can we solve this issue with the mother.

Also as a side note. Paying child support entitles me to the rights as a father. correct?

Answer:
 > Paying child support entitles me to the rights as a father.

No. You need to get court-ordered visitation.

If she's abusive to the child, call CPS and report it.


Title: Got a speeding ticket in North Carolina using a Dutch driver's license. Should I pay or not?

Question:
I'm doing my 3 months internship in North Carolina and recently I got my first speeding ticket of $203 for doing 54 in a 45 mph zone. I'm leaving the states the beginning of August, while the court date is on August 26th.

Since I'm a Dutch citizen and own a Dutch driver's license, I will not get points for speeding like other Americans. Also the officer didn't write down the driver's license number nor my social security number. I might return to the states in the future.

So my question is: Should I pay the ticket? What are the worst and the most likely consequences of not paying the ticket?

Answer:
 >I might return to the states in the future

Would you like that return to include an arrest and possibly time in jail?Answer #2: >I might return to the states in the future.

Sounds like a great reason to pay. Answer #3: Unlike spouses, children, and pets, legal issues do not go away if you ignore them. Answer #4: Betaal wa ge moe betalen, gast. Verantwoordelijkheid is evengoed een onderdeel van uw opleiding.


Title: Wrongful termination from Kohl’s

Question:
My daughter was hired as a seasonal employee by Kohl’s. On her first day she was asked to sign a dozen documents and then immediately assigned to a cash register. She was told that she would be eligible for a 35% discount on purchases made that day because it was the last day of this special associate discount. On her break she texted and told me that she is eligible for this discount so my wife and I came to the store to shop. We waited in line until her register opened and she rang up our purchases and applied the discount. Two weeks later she was brought into the back office and terminated for violating their employee integrity policy. Apparently the discount can only be taken by the employee or the employee’s spouse. This was stated in one of the documents that she was asked to sign. This happened yesterday. This morning I went to the store with my receipt and told the manager to recalculate the entire purchase at full retail value and charge my credit card for what I owe.

My question is as follows: Clearly my daughter made a mistake because she was not told the specifics of the employee discount program. Furthermore, she wasn’t given the time to read through the dozen documents they made her sign before rushing her to the cash registers to start working. Would this be considered wrongful termination? Can we sue for the discount they implied? At the very least, can we get them to change their hiring policy so that documents are provided further in advance for appropriate review?

Answer:
 > Would this be considered wrongful termination?

That's not even in the same universe as a wrongful termination.

>Can we sue for the discount they implied?

You can but you won't win. You paid the difference under the mistaken belief it would protect her job.

> At the very least, can we get them to change their hiring policy so that documents are provided further in advance for appropriate review?

NoAnswer #2: I worked for Kohl's. She was terminated because she rang you out, gave you her discount and was running the register while doing both.

She cannot ring out purchases for immediate family members, nor can she apply her discount to a purchase she is cashing out on the register she is using.Answer #3: You say:

> Clearly my daughter made a mistake because she was not told the specifics of the employee discount program.

But you also say:

> Apparently the discount can only be taken by the employee or the employee’s spouse. This was stated in one of the documents that she was asked to sign.

Which is it? Was she informed, or not?Answer #4: It's not wrongful termination when she abused the employee discount. It's incredibly rare for employee perks to extend to family /friends.

0 case, 0 recourse, not able to sue. Answer #5: No, it isn't wrongful termination, and you can't force them to change their policies.  Answer #6: I’m very sorry this happened, although one thing your daughter must learn...read things before she signs them. No matter what, if she’s ever asked to sign documents, she needs to take her time. Answer #7: The answer is no.


Title: Custody question

Question:
Long story short: I live in Texas. My ex husband and I have joint managing conservatorship over our 2 children, ages 3 and 5. I am the custodial parent.

He has been deployed since July and got back to the states Monday. He had the kids this weekend and when I picked them up, I asked him if he was planning on having them Thursday from 6-8 per the decree. He told me yes and that he would pick them up from my home at 6.

I let him know that picking them up at 6 was fine but that he would need to get them from the nanny's house because I wouldn't be back in the area from work until after 6 (30-45 min commute depending on traffic).

He then told me that he has to pick them up from my house and that I was breaking the rules. He also said that having them the 1/3/5 weekend each month wasn't fair and that he wanted them 1/3/4 weekend of each month and that if I agreed to that he would pick them up from the nanny.

I already contacted an attorney, but I am just so upset by this whole ordeal. If he has them the 1st, 3rd, 5th weekend each month that promises that we will each have them at least 2 weekends, whereas if I agree to the 1st, 3rd, 4th weekend I may only spend 1 weekend a month with them.

Can he really report me for not abiding by the decree if I have to have them picked up from the nanny because I am working? If I ask to leave work early that often I will lose my job.

Answer:
 Does your custody agreement specify where pickup has to take place?Answer #2: He is just being difficult and blowing smoke.  Advise him in writing that he will be picking up the kids from the nanny on Thursdays and returning the kids to your home by 8.  Also advise him in writing that you intend to strictly follow the parenting time order, and if he is more that 45 minutes late picking the children up then he will forfeit the remainder of his parenting time on that day.  You are not going to allow the children to be constantly upset wondering when or if he will appear for his parenting time, and you cannot remain at your house for hours hoping maybe he will appear.  In addition, if he cannot speak to you politely in the future, you will be forced to insist that all communications be only by text or email.

Regardless of RileyFenn's fucked up opinion, you and the children have the right to be treated with respect.  He's being a total jerk so don't allow that.  Leave the house with the kids if he is more than 45 minutes late and text him that you are unable to wait for him any longer.


Title: Can I create a product with the name Trump in it?

Question:
I'm planning to make a gag-gift product parodying Donald Trump. I figure since it is parody and he is a public figure I would be exempt but since Trump is a brand name too, could they argue that I am breaking a trademark law?

An example brand name would be like Trump's Silly Straws.

Edit: Located in California

Thanks!

Answer: Not a lawyer, so I can't comment on the legal side, but I will say that Trump is extremely protective of his brand. While he may not technically be in charge of his companies anymore, you can bet if something appears to be infringing on the Trump name his lawyers will be all over it. You may or may not be *legally* in the right, but they can make it extremely costly.


Title: Explaining my recent DUI charge to in my application to renew my medical license.

Question: Recently involved in a car accident and I was charged at the scene with a DUI and failure to maintain lane. I was not under the influence at the time and the blood test performed following my arrest should prove that but results will not come back for 4-6 weeks and my license has to renewed by July first. The application for renewal specifically asks about arrests, not just convictions. I am supposed to write a letter of explaination and submit a certified copy of my court records. How do I explain that I have medical justification without disclosing specifics about my case?

Answer:
 Why were you charged with DUI at the time of the accident? Did you fail a field sobriety test?

You'll have to be decently explicit in this case. You have an open arrest for misdemeanor DUI on your record that within the timeline will not be dropped/expunged/etc. Possibly speak to a criminal lawyer to aid you in drafting the letter, but my best advice is to be as upfront & honest about the situation.


Title: Do they have to make an exception for my emotional support animal?

Question:
WA State, Snohomish co.

I have a large dog as an emotional support animal as prescribed by my doctor for my severe anxiety attacks. We live in a small town and apartments are in short supply. The particular apartments were look at has a strict "no large dog" policy. My boyfriend owns a small 12 lb dog that is not an emotional support animal. My question is, do they have to make an exception for me? My friend said not to inform them of him but pay the deposit for our little dog because they may try to disqualify us for the apartment in other ways if they don't want him, but I didn't think that was legal. Thanks in advance.

Answer: All of the HUD FHA interpretations regarding ESAs come down to a question of reasonableness. If there is no rational basis for the breed ban (beyond the owner wanting to save on wear and tear); then it is a reasonable accomodation for the housing complex to waive the breed ban or weight limit for an ESA. However, if there are specific reasons why the ban is in place (the property liability insurance has breed restrictions, or size restrictions), then it would be unreasonable to require the property owner to get new insurance or a rider specifically to cover the ESA, and the property owner can enforce them. There is no blanket "all breeds, all weights" rule in the FHA; the property owner must only make reasonable accommodations.


Title: (HI) Landlord is attempting to keep $2700 deposit- no concept of "wear-and-tear". Mentioned tenant laws and LL is upset because it'd be "unfair".

Question:
I've rewritten this so many times, I'm actually getting dizzy. I'm trying to condense 4 years of probably illegal bullshit into as few paragraphs as I can.

4 years ago, me and 3 others moved into a luxury home that was posted on Craigslist, and was shown to us by the tenants who lived downstairs. It's a huge house, 2 floors, and each floor is essentially its own unit and connected by stairs in the middle of the home. There was no official walkthrough checklist, although we did sign a 1-yr lease through the property manager.

Because I'm having a difficult time putting these together chronologically, I am listing out relevant facts about the house:

* It had a reputation as a party house, *long* before we moved in. AAA guy who towed my dead truck back, recalled some parties. Random cops have recanted stories about parties. Some guy who bought our lawn table last week talked about a "huge rager" he attended many years ago at our house.

* We essentially moved into house, in the same condition as previous tenants had left it. And they left in a hurry. Lots of junk still left in the garage, in the back shed (LOTS), holes in some of the walls, crappy and worn carpet, utility basin caked with paint. One of the bathrooms was sloppily painted a deep, bright red.

* 2-car garage, but one space has been occupied by the landlord's older, not-running, covered BMW. We have asked numerous times over the years to move it, fix it, sell it, etc. But he refused, so it has literally sat in the garage for over 4 years.

* The owner of the house (the landlord) lives on the east coast. In the last 4 years, he has visited the property a total of 3 times. First time was about 2.5yrs ago, when our scummy roommates downstairs were being extremely sketchy about turning in rent checks to property manager (we collectively gave them rent). They were soon evicted, but LL was displeased with how property manager handled everything, and fired her.

* Property Manager #2 (aka PM#2) is now a family friend who lives on the island, and has zero experience as a property manager. Clueless.

* According to Zillow.com, this house was last purchased in 1999.

* When we moved in, we found a huge stack of fliers originally advertising this place as a nursing home, but I believe they couldn't get it zoned properly so they decided to rent it out instead.

* In the last 4 years, and especially in the 4 bedrooms upstairs, rooms have been subletted and moved in/out of constantly, with PM#1's knowledge (and when she was fired, with PM#2's knowledge). Each time, no one ever came by to inspect the condition of the room, or house, upon their move-out. Landlord simply "trusted" our judgement.

* Boyfriend moved in ~2.5 years ago, into his own, master bedroom. The guy who moved out before painted it this vivid blue hue, and didn't repaint it prior to moving out. But again, no one inspected it and boyfriend just lived with it.

* Part of the rent was monthly yard service, but boyfriend felt they were doing a poor job (leaving piles of palm fronds and other green waste in piles, instead of in rubbish cans) and offered to do yard service for $100/month reimbursement. Landlord agreed. Or if light maintenance was required, like replacing garbage disposal or a broken ceiling fan, boyfriend and his friend would fix it, invoice receipts to landlord, and he’d reimburse it like the yardwork.

* Maybe 6-8mos later, landlord flew back again from east coast to check up on things. Walked around property, but no checklist (all mental notes!) and genuinely recall him being pleased with majority of things. Except for red bathroom, the blue room, dingy carpet. We renew the lease for one more year (Oct 2012-Sep 2013), and this is the only copy that I have. Still, no walkthrough checklist, only mental.

* In Oct 2014, we're given a one-page, typed copy of lease renewal, ending Sep 2015. It's essentially all 6 tenants' names, and if you want to extend the lease, initial next to your name. Only 3 people sign. Me, boyfriend, and one upstairs roommate do NOT sign. This paper wasn't even collected until a few weeks ago (as in, it hung on our fridge for nearly 6 months. PM#2 wasn’t really on it).

* April 2015, I give notice to PM#2 I am moving out end of month. I believe I gave 24 days notice, but ended up staying until May 4th (so 28 days), which was permitted and I gave prorated rent. Nobody came to inspect my room upon my move-out.

* Mid-April 2015, coincidentally, landlord decides to pay a visit and see how things are. This time, he's absolutely *appalled* at the state of disrepair the house is in, placing nearly all the blame on my boyfriend. It's absolute bullshit (I'll explain his grievances soon).

* He gives everyone upstairs until the end of July 2015, to move out (90 days). He plans on doing major renovations, because he wants to convert it into a vacation rental home, like airbnb.

* Boyfriend actually ends up finding a place in 2 weeks (so near beginning of May), and states he will move out by June 1st. Now that 2 of the 4 bedrooms will be vacant upstairs, landlord decided he wants the remaining 2 roommates to be out by June also. They're scrambling to find places.

* We spend nearly the entire month of May (and first 4 days of June) cleaning the entire upstairs, plus the garage, driveway, and shed. Please keep in mind that technically, both upstairs *and* downstairs share the garage, driveway, and the shed but we had a feeling that we, upstairs, would be responsible for it anyway. I found out today, we were.

* I can honestly say, minus the normal wear-and-tear of both people coming in and out, and Hawai'i's corrosive salty air, our place has never looked this good. I spent 3 days, alone, cleaning the kitchen. I vacuumed nearly every nook and cranny in the main areas, spot-cleaned carpets (we've also professionally steam-cleaned the carpets 2x in the last 2 years and never reimbursed), cleaned the walls, vacuumed dusty light fixtures. My boyfriend spent an entire evening pressure-washing our driveway and patio and I doubt they’ve ever been cleaned. We literally spent *weeks*, cleaning up both our messes *and* those who lived there prior. I took pictures of most everything before we left.

* Today, landlord wanted to meet with us for a walkthrough (first time since *I* moved out May 4th, it's been 30+ days) and unfortunately, I was the only one who was off. I showed up anyway. Landlord acts as if we left it looking like a crackhouse because he is so extremely disappointed. I’m pretty shocked.

* He's actually flown in with him a team of people to help renovate and they actually started renovating almost a week ago, before we could even do an actual walkthrough! As I walk in, the walls are patched up nearly EVERYWHERE, which was absurd. I know there were small holes from playing darts, hanging frames, etc. but absolutely not to the extent they were patching. Like 70% of the walls in the living room are patched up.

* Our living room ceiling, at it's apex, is probably 15-20ft high. He wanted to ding us for the dust on the ceiling. Popcorn ceilings, in the *entire* house. Part of the house is tiled, and seeing as to how the majority of the foot traffic was upstairs, some tiles had hairline cracks. Near the front door, for some reason about 3-4 tiles are bulging where they meet, which I assume is because of the ground underneath swelling from the naturally moist air. Another deduction.

* The microwave handle has been broken since we moved in. He wants to charge us $150 to replace it. A small, non-descript metal rod which connected a knob to the stove fell off *into* the stove almost 2 years ago, but we learned to live with it and never thought to mention it. He wants to charge us over $200, because the part is "no longer available". (I saved the knob and 2 tiny screws in a Ziploc bag, placed near the stove. It's literally missing an easily replaceable 1 1/2 metal rod).

* The kitchen faucet had a small, plastic switch to switch between spray/stream, which broke off around the same time. Faucet still functioned just fine. He replaced the *entire* fixture.

* He is trying to charge us for painting the walls, especially the red bathroom and blue bedroom, which he now claims were *not* that way when we moved in, and that there is no way he'd ever allow that to happen.

* I guess that whoever painted the bathrooms got some paint on the back of the toilet, and he'd like to charge us for that as well. He also wanted to charge us for cleaning the glass light filaments *inside* some of the light fixtures. As well as not cleaning every window screen, or window jalousie, well enough.

* One roommate really did a piss-poor job of cleaning his room, though he doesn't even care to get his deposit back. So that's $675 the landlord can have. My boyfriend neglected to clean his ceiling fan and dusty popcorn ceiling. Ding! I also noticed before I even entered the house, that the landlord has purchased numerous ceiling fans. To replace the still-fully-functional fans. Guaranteed ding!

* Lastly...the 2 biggest concerns- the (most likely) 16-year old carpet. He claims it will cost far too much to replace it, and can only afford to clean it after all the damage we’ve caused to the house.  And his BMW? Apparently, we've dented it but I don't even know how he'd back that up. I’m speechless and I was fuming like a volcano at this point, but had to keep my cool, because since nobody showed up, we have to come back on Saturday and do it one more time.

I’ve read the landlord/tenant rights over and over, several times both prior to today’s walkthrough and after, and I feel like I’m in the right. I contacted our original property manager today who is looking at her archives for our original lease, in case it might help us. She is completely on our side, claims the landlord is deceptively evil, and is refusing to aid landlord in case they contact her. And this is where I’m torn- I really *don’t* want to take them to small claims court, because honestly, I do feel we’re responsible for some of the damage in the house (things which we should have mentioned like the plastic button and stove knob, but simply forgot because they’re nonessential). When I mentioned tenant laws to my landlord, he balked at me for mentioning legal matters, claiming that he’s only been incredibly generous and fair to us (he mentioned that he should have kicked us out long ago, but felt “sorry” for us so he let us stay), and it would be unfair after all he’s done. I’m also extremely upset at him placing all the blame and responsibility on my boyfriend, which is absolutely unfounded and insane.

I only want my $675 and my boyfriend’s $775. That leaves him $1250 to use and I feel that’s more than enough. Unless he’s completely justified in taking our entire deposit because we somehow messed up. What should I do, or say?

**TL;DR: Mostly-absent landlord and family friend/property manager dropped the ball on walkthrough checklist. They want to take our entire deposit for damages that were there prior to us moving in, and due to normal wear-and-tear. Though they’ve also broken rules in landlord/tenant laws, I just want part of the deposit back without taking them to small claims court. Am I being reasonable or should I give up the deposit?**

Answer:
 You took pictures when you moved in and moved out right? To prove the damage was there prior to move in

If you dispute it, send them a certified letter explaining what you are disputing and why. If you cannot come to an agreement you would have to sue in small claims. Answer #2: You need to learn how to get the the point. Brevity is the soul of wit. You dispute the damages. The landlord hasn't done what is necessary by law for him to keep the security deposit. If he refuses to give it back, take him to court, or don't. those are your choices.


Title: Witnessed a violent crime. What should I expect?

Question:
I witnessed a violent crime on the sidewalk. As I called 911 the guy saw me and ran at me.  I tried to keep my distance but he wouldn’t stop running so I biked until I couldn’t see him. I have not been in contact with police yet. Should I contact the police station to let them know I witnessed  it or will they get in contact with me. Will I have to testify? I live in Hawaii.
Topic:
Criminal Law

Answer:
 Yes, I'd go in to the police station in person in the next day or two, when you've got a couple of hours to lose.  Expect to recount the basics first to someone at the desk, then to hopefully be moved to a detective, supervisor, or the person who originally responded to the call, and to recount it all in detail.   That will likely be it for several months.   If they need you to testify, the prosecuting attorney will be in touch to get that on your schedule, and to handle anything else - like giving the defense access to interview or depose you.

Charging at you and chasing you down the street counts as an entirely second crime... so they'll be interviewing you about both what you witnessed and what you experienced, and letting the DA decide what he can charge the guy with.

Most likely, if they can ID the guy and they've got your testimony and the other victim's along with, presumably, medical reports from the victim and other witnesses...  the DA will get him to plead guilty and never have to bother you again.  But who knows!


Title: Do I pay if the house me and my roomates are renting burns down?

Question:
I accidentally left the stove on and my roomate texted me to be careful or we'll be paying for a $75,000 house? Is that true, or can someone explain this?

Location- INDIANA

Answer:
 In general, you can be held liable for damages you cause.  So yes, if you burn down a house you can be held responsible for replacing that house.  The question of your fault is a different story.

You should have renter's insurance.


Title: My stepson's father constantly belittles my wife

Question: [deleted]

Answer:
 The phone your wife was using either has a red button to end the call or can be physically placed in the cradle to end the call. She needs to start doing this whenever he raises his voice at her. Do not ever allow him to speak to her in that manner.

>  Or will it have to be a more direct issue involving our son?

He's not legally your son. This may be part of the issue. (justified or not)


Title: [California] Friend pays rent to stay at his parent's place. They told him he is being evicted and they want him out at the end of the month. Could he take his parents to court?

Question:
Hey guys,

My friend got into an argument with his Father while his father was drunk, and his father told him to leave by the end of the month. At first he believed it was just some drunken rage but he came back sober with the same statement so it is official he is being evicted.

My friend has been paying rent every month which was upheld by a verbal agreement between him and his mother. But, his father is the one trying to evict him (I don't know if his mother wants him gone). As far as we both know as well the house is under the mom's name solely. Does my friends Father have any power here?  And if he does will it be possible for my friend to potentially take his parents to court?

Sorry if this post is vague or badly written, it is stressful trying to help your friend find a new place to stay in a short notice.

Answer: They have to give him notice, usually 30 days, and follow the laws of his state regarding eviction procedures. Outside of that, he has no recourse and no right to live there.


Title: [IL] Got paid double the amount that I earned can I keep it?

Question:
So today was my last day at work(caddie) after being verbally harassed for the past few weeks from both the other caddies and my boss.  The member filled out my payslip and gave me 50USD cash in addition to the 50USD signed payslip.  Thinking that I made 100USD I left and got a call which I ignored since I was driving.  When I got back to my residence I saw the my now ex-boss had texted me saying that I need to return 50USD because he over-payed me. I than turned off my phone to think about what I wanted to do next.

Fast Forward to about an hour ago when I called him back to get a further explanation in which he admitted that it was his fault but I still need to give him back 50USD because it was not the member's intention to give me 100USD(he never said that the member directly said this though but only gave the reason that the member always pays cash)

So legally am I protected by keeping the money?  I already quit my job so I cannot get fired or do I still need to give it back?

Answer:
 If you got paid only half the amount would you just let them keep the difference?

Of course you can't keep it (unless they choose to let you).


Title: DWI while not driving in Texas.

Question: So my car broke down on the highway and I had my mother pick me up and take me home to get my wallet which I forgot so i can  have it towed. While at home I had several beers and a shot to take the stress off. I get dropped off with the intention of riding with the driver and ubering home so my mother didnt have to wait forever and I proceed to try to call a tow truck driver to pick up my car but my phone dies. I leave the lights on and turn the car on to charge my phone to have it picked up. I sit in the driver seat and shortly see flashing lights so I roll down the window. He asks me what i'm doing there and I explain that trying to get my car to towed ect. he asks if I have been drinking and I say I had a few beers but I'm not driving charging my phone to have it towed. He hears a wind noise and immediately begins to pull me out of the car and I quickly shut the car off and cuffs me for his safety and throws me in the back seat of his car. Another officer shows up talks to me and I explain my car needs to be towed because its broke down. He then un cuffs me gives me a field test and then a breathalyzer. I had no intentions of driving so I comply and am found above the limit. I am then arrested and ask the officer to tow my car cause its broke down. I am getting a lawyer but non are available to talk today. What kind of cost am I looking at if i want to get this dismissed. Thanks

Answer:
 Your were operating a car while intoxicated. You need an attorney to mitigate damages

There is no magic cost to dismiss charges.


Title: I have PTSD and want to work with my therapist to try MDMA treatment (excellent results in clinical studies, but it's illegal). How can I make sure she doesn't get in legal trouble if we pursue this? (California)

Question:
The therapy session would ideally involve me showing up to her office for an extended session, already having taken MDMA, and we work through the traumatic experiences through talk therapy & exercises. She would base the session on the methods used by the doctors in the clinical trials.

I assume she can't officially sanction me using an illegal drug, regardless of its efficacy in clinical studies. However, it's outside of her control if I independently show up on MDMA, right? Potential legal ramifications are tying her hands at the moment but I'd really like to better understand what the actual implications would be. Thank you.

Answer:
 I don't know the legal implications but I've written a research summary paper in mdma treatment. The doses given, if my memory serves, where in the milligrams. So not only would you need a very precise scale for the measurements you would also have to fully trust in the product sold to you was A. Mdma and B unadulterated.

Its the blackmart so I don't see you getting mdma and an even lower chance that it is unadulterated. Stimulates, bath salts, and even ketamine have all been found in samples of "mdma". I could go on about how all of these varibles and even the set and setting you would take the drug could negatively impact you.

https://www.forbes.com/sites/janetwburns/2017/08/28/fda-designates-mdma-as-breakthrough-therapy-for-post-traumatic-stress/

Its getting closer everyday. Mayne you could get in on this project.


Title: [France] How can I see my daughter when her mother flew away with her (overseas but still France) and won't let me?

Question:
She got a on a plane before even giving birth, denying me the opportunity to see the birth. She often takes trips that bring her back around, but never tells me, lest I might want to see my daughter. I find out usually afterwards from third party sources. In the end i barely even saw her at all since she was born.

The mother has always had more money than me which is why she can afford to fly around and I can't. If i did book a flight, she would certainly just buy a ticket to somewhere else on a whim, as she has already threatened to do so. The only times I was able to see my daughter were when I accepted seeing the mother as well and engage in intercourse with her.

She has never let me have my daughter to myself for even a single day, and has no intention to ever do so. The one time she had agreed to that, she changed her mind within a few hours of leaving and threatened to send some guys she knows to beat me up and get the little girl back by force if I didn't comply.

What are my legal options here? Can I get back the years where she kept my daughter to herself? Am I looking at a lifetime wondering what is happening to my daughter?

Answer: You need to speak to a family law attorney to see if you can get some kind of court ordered visitation/custody.


Title: 19 years old and carrying weed in my car

Question: I live in California. I want to go on a road trip with some friends and we want to have weed in the car. We are all 19 years old. If a cop pulls my over and finds out that I have weed, would I go to jail?

Answer: It is a civil infraction to possess weed in you are under 21 in California. Up to $100 fine and that is it.Answer #2: Weed is still technically illegal despite the state laws, so if you are going across state lines you would be breaking federal law, which is the law that governs interstate travel.


Title: A 26 year old man goes out with an 18 year old woman. Is this legal if they met when she was 17 but did not have intercourse?

Question: [deleted]

Answer:
 It is not illegal to have a platonic, non-sexual friendship/relationship with someone under 18.Answer #2: The age of consent in IL is 17.  They could have had sexual intercourse when she was 17 and it would have been legal.

I'm not aware of any state where an 18 year old is barred from dating anyone else 18+, regardless of the circumstances (mental capacity consent issues aside). Answer #3: Just don't give her any alcohol until she is 21.


Title: [MI] A one night stand got pregnant, we decided to terminate the pregnancy, now she's threatening to sue.

Question: [deleted]

Answer:
 IANAL, but am a girl who has taken a embryology class. I am surprised noone has brought up the fact that she knew a week after you hooked up. [Pregnancy tests work by detecting hCG hormone.](http://www.m.webmd.com/baby/guide/pregnancy-tests) hCG hormone isnt even produced until 6 days after contraception.~~And i t takes a week for urine test and 10 days for blood tests AFTER the missed period to have enough hCG hormone for it to be detected in a pregnancy test.~~ Also, doctors are never going to say "you conceived on this day" it more of "you conceived within this week at some point".

In other words, she is lying or she has xmen like powers. If you get served, get a laywer and demand a paternity test. If its yours, you're either have a bad memory and forgot about 4 weeks of time or its a miracle baby.

Edit: so technology is amazing, pregnancy tests are a lot better then I have been told.Answer #2: >I've been sleeping at her place for the past 7 weeks in order to help her through the process

Btw, get the fuck out of there ASAP.Answer #3: She felt pregnant because she is.  But you are not the father.  Maybe she doesn't know who it is, but you did not get this girl pregnant.  Answer #4: Just seconding everyone else here - you're being taken for a ride, not the fun type. Block her, ignore her, unless and until you get court papers.


Title: got a speeding ticket while on driving probation?

Question: almost a year ago i got put on driving probation for going 100 in a 65. i was 17. i had to take a driving class and do community service. i just got another ticket going 90 in a 65 on the same road. what will happen? i’m 18 now

Answer:
 You may get your license suspended. The judge will most likely throw the book at you including jail time because you obviously didn't learn your lesson.

Your insurance will skyrocket as you are an extreme risk.

 Its for the best as the state will likely be saving your life as well as others.


Title: What is this and what is the punishment?

Question: With my AT&T phone you can view my messages and other phone content online if you install a certain app I use to view it at work when I can't text. However, a friend of mine viewed it by getting my password. He didn't do anything but look at what I was doing. I'm not wanting to press charges due to him being a friend and not causing any harm. But if this was someone else what would I do? TN

Answer: Change your password to something harder to guess. Enable two factor authentication if it's available.


Title: My best friend was hit by a car

Question: So my best friend was working at his price chopper Monday night. He was doing carts and got hit by a USPS truck. The truck hit his lower left leg and caused him to fall into the carts and his knee is messed up. The driver drove off, so it was a hit and run. He went to the doctor and he has several torn ligament and possibly muscle damage. He was able to give an accurate description of the driver, the truck and has multiple witnesses. But the police threw out the case because the driver’s GPS said she was in the driving lane even though that isn’t true. They just re-opened the case because he got 1 more witness. Is there anything else he can do?

Answer: Start the workers comp process with PChopper, let their WC insurance subrogate the post office for the medical care.


Title: [GA] Threatening phone call from my neighbor regarding damage to my property

Question: [deleted]

Answer:
 >If something were to happen to my vehicle, would I be able to use this voicemail against them to cover damages we suspect to be caused by them?

Eh. Without video evidence you'd be unlikely to convince a judge that they were the ones who actually damaged it.

Put a video camera up or find somewhere else to park.


Title: My friend gave me his cat to watch while he was finding a place to live 6 months ago, he recently mentioned wanting her back and my dad is saying that he can't have her (X-Post from r/Relationships)

Question:
Hello! Some people at r/relationships suggested I post this here for some advice. I didn't think it was a legal thing but they're saying there is a good chance it can become one. I'll paste my post below, thank you!

So I'm (20F) a student, I work full time and I live with my dad (72M) now. We're both huge animal people and have a lot of pets, which is why my friend Ted (23M) asked me if I could take care of his cat, Zendaya, back in April. He was living with a friend who didn't have room for her and was going to look for a new place that allowed pets.

I happily took her and she's been fitting right in. She grew up alone in an apartment so she was nervous around the other animals at first but now they're all friends. I really enjoy having her at my house and my dad has gotten especially attached to her. He says she's the best cat he's ever had haha.

Anyway, I saw Ted last night and he said he hadn't found a place yet but might move soon and would want her back. I told my dad in passing and he said that Ted can not have her back. He believes that Ted doesn't care about Zendaya because Ted let her drink vodka and lick cocaine once (which is terrible) and he hasn't visited her or brought her food at all in the 6 months she's been staying with us. Which is true, but I don't know if that means we have the right to just keep his cat.

I really love Zendaya and don't want her to go either, but I'm just conflicted about whether or not my dad is right on this. I have terrible anxiety and get really nervous about confrontation, my dad isn't budging on this and I'm not even sure what to tell Ted. I don't know if I should back my dad or if Ted is a good owner for her.

I guess I'm just asking for opinions on what I should do and how I should go about doing whatever that is. Sorry for the long post. Thank you!

Answer:
 If the understanding was that you were to temporarily house the cat then you need to give it back. You may want to work out a deadline for that though.

Who is a better owner is not relevant to this. Answer #2: Be an adult and tell your dad that the animal is not his property.


Title: [NYC] Landlord attempting to restrict access to private roof terrace of apartment

Question:
I rent an apartment in NYC, and my landlord (a management company) is planning on blocking access to my unit's private roof terrace to do "window cleaning" for up to three weeks.  The terrace is part of the apartment (included on the floorplan, and specified in the lease).  Is this legal?  Do I have any options to seek compensation (or block them)?

Thank you!
Topic:
Landlord Tenant Housing

Answer: If the terrace is specifically mentioned in the lease, the landlord can't deprive you access to it. I would suggest you negotiate a concession on your rent for the period the terrace will be unavailable.


Title: Can amusement parks like Six Flags actually legally enforce their rule of no outside food?

Question:
Topic:
Other Civil Matters

Answer: Yes. Same as dress codes, no smoking, no alcohol, etc. It's private property, so theu can set almost any restrictions they want for entry.


Title: Can a bank sue me for depositing the same check multiple times?

Question:
I received a few checks for Christmas.

I deposited the checks using the scanner on my Bank of America app. After depositing the first check, for twenty-five dollars, the account balance did not change. I repeated the steps for deposit, then noticed it said may take up to five days for the balance to change. Well, three days later, I notice that the same check was deposited both times, and $50 had been added to my account.

My question is, if I continued to exploit this, is there a chance that this could be discovered, and I could be sued/ have some other retribution taken upon me? I obviously could not survive a legal battle with them. Also, would the fact that I’m a minor change anything?

The check was deposited into my savings account, if that matters.
Topic:
Other Civil Matters

Answer: No,the bank has a system which will detect  the same check has been deposited twice and will deduct the extra check normally. If you spent the 50 then your account will be negative 25 plus the overdraft fee if it applicable


Title: Freezing in NY.

Question:
I've attempted my own research into this, but I'm not so sure I've found a definitive answer. I work as a cashier in a beverage center in upstate NY. We have no heat, no AC, and plumbing that works about half the time. If you've never spent a length of time in upstate NY, it can approach 90-95F in the summer time, and drop below 0F in the winter.

Summer, I'm not so concerned about. It's hot and humid everywhere, everyone's miserable, so just sweat profusely and look forward to autumn. Winter, on the other hand, is going to be sort of unbearable (again). This isn't an outdoor job, or even half and half like a garden center or something, just a retail store. It hovered around 40F inside last year for most of the winter, depending on how cold it was that day. We had a few bottles and cans of beer turning to slush inside the containers.

Is there anything I can do but just get a new job? My life for the next number of months is going to involve working with a huge winter jacket on for the entire shift, huddling around space heaters that aren't even helping. This is the third winter since the heat stopped working and there's no end in sight.

Edit: I'm not looking to take legal action against my boss, just maybe report this to someone who might make him fix it? OSHA?

Answer:
 This:

http://smallbusiness.chron.com/industrial-standards-temperature-employee-work-areas-12611.html

Took 3 seconds googling New York State working conditions temperature

If you don’t want to take action against your boss, or find a new job, or contact osha, then bundle up and understand that you are your own worst enemy while your freezing at work.


Title: How do I respond to an unsolicited dick pic? (TEXAS)

Question:
My girlfriend received a strange text-message from an unknown number saying: "I se you # on caiglist" followed by "Wat you like doin" After we asked where they got the number from they responded with a dick pic.

This was completely offensive because we have no idea who this person is.

However, with the help of google and facebook we were able to determine the identity of this individual.

What can we do to stop this individual from continuing this type of action?
and is there a way we can find out where her phone number was posted?

Answer:
 With vicious, emasculating mockery.Answer #2: Reply "I'm sorry about your 'little' problem"

Then block.


Title: Girlfriend hit me and I hit her back (Pennsylvania)

Question:
I'll preface this by saying that I'm a college student. This incident happened at an off campus apartment (my girlfriend's).

Last night, my girlfriend woke me up at 4 in the morning after she unlocked my phone and saw that I had a girls number saved in my phone that she told me not to talk to. Being that I had to get up at 7 in the morning for class, I was upset and pushed her onto the bed to tell her to go back to sleep.   She tells me that I need to leave and go home, so I start to get dressed and gather my things.

She then begins to block the door and tell me that I'm not leaving. I said okay, and went back to try to sleep. When I was laying down, I said something to her about the girl, and she punched me in the face twice and hit me in my balls.  I retaliated by knocking her off the bed (we both fell) and she got a bad bruise on her arm. She then began to scratch me and claw at me (I have several deep scratches on my forearm). In trying to stop this, I got some small scratches on her arms as well.

She's now saying that I need to come back to her room and clean the mess I made during the altercation, or she will go to the police and try to get me kicked out of school. She is known to threaten to call the police in situations like this unless I do what she says. What should I do?
Thanks.

Answer:
 It sounds like you both assaulted each-other. Retaliation is not self-defense.

Get a lawyer, don't communicate with her.Answer #2: You said "girlfriend" in your post. I think what you were going for was "ex-girlfriend". I wouldn't speak to her. Let her say whatever she wants through text or voicemail. That way if she says "I will call the police and tell them you beat me if you don't do xyz." There is a recording of it. If she goes to the police, don't talk to them without a lawyer.


Title: Husband's family bought house in another person's name, now about to lose it. [Oklahoma]

Question:
When my husband's family first moved to OK, his grandmother had their house bought under her sisters name. "Borrowing" her credit, because (at least this is how it was explained to me) they were losing their house and needed somewhere to live immediately. Due to losing said house her credit was ruined and they didn't have enough for the down payment that would be required. I am aware this is a horrible idea, but I wasn't around to play any part in this decision making. It's been about ten years since the house was bought. They have consistently made every payment on the house, and all bills are in their names.

We moved in with them at the beginning of the year due to his grandmother being in and out of the hospital after a major heart attack, to help take care of them and the house. "Them" is my husband's grandmother, her mildly mentally handicapped brother (both 60s), and their mother (90s). They all have health issues, and we have home health that visits throughout the week. After moving in, I found out that the sister has been pushing for everyone to go into nursing homes so that she can take control of the house. We have all Power of Attorney's taken care of, so that isn't something she can force, but her trying to kick everyone out onto the street is a real possibility. It has been threatened before, from my understanding, as my husbands grandmother and her sister aren't on good terms now.

My main question is, thanks to their massive screw-up, can the sister decide to just kick everyone out? Do they have any possible route, legally, to avoid that situation?

Any additional information or advice on how to handle this situation would also be appreciated, seeing as I also have an infant and "surprise, you're homeless!" isn't really an ideal situation.

Answer:
 The house belongs to the sister unless there's something in writing spelling out the terms of their arrangement. She can give everyone proper notice terminating their tenancy and they will need to move out.

> No deed, mortgage, or conveyance of real estate or any interest in real estate, other than a lease for a period not to exceed one (1) year, shall be valid unless in writing and subscribed by the grantors. Answer #2: Oklahoma recognizes both legal title and equitable title in real property. While the sister has legal title (which is evidenced by the recorded deed), your husband’s family may have equitable title, as evidenced by the fact that they are the ones paying the mortgage and actually living on the property. The fact your husband’s family is directly paying the mortgage, rather that just paying rent to the sister and then having her pay the mortgage, would be some evidence that they have a beneficial ownership interest in the home.

It’s a bit of a long shot, but unless his family has some arrangement in writing with his sister, I don’t know what other argument they’d have.


Title: Landlord began readying apartment while I was still on lease? [Urgentish] (California)

Question:
Hi guys, I've asked for advice about this complex before a couple months back and unfortunately I'm back again. I Google and searched on this sub but I couldn't find anything close to this, so I hope it hasn't been asked before. The basic gist is, I decided I needed to move out at the end of my lease (sept 30) and gave my thirty day notice (on August 31st/sept 1 I'm not sure).

 On the 22nd the landlord informed me by voicemail she would be out of town until today, and that I could either turn my keys in early or wait until the first (today) to do the walkthrough. I wanted to wait and do the walk through and tried to call her back and let her know, but she had already left the office. I kept my keys and had intended to turn them in yesterday after I washed the carpets. I finished getting the rest of my stuff out on Saturday, and went back to finish cleaning on the 29th (tuesday).

When I got there, only the security door was locked and the whole place smelled like paint. There was open paint cans on the floor, loose screws in the carpet, they'd put in new bathroom fixtures and a new fan in the kitchen. They had left all sorts of tools and trash in the apartment as well. There was no notice on the door/I had not been called giving me notice that they would be entering. She has been up in norcal for a week so there is no way she saw the apartment before they began work, and even if she had I still had my keys/time to clean.

I'm planning to speak with her today when she gets in to the office in the next hour and a half or so. Is what she did legal? Can they come in and do work like that before my lease is up with no notice? Would this entitle me to some/all my deposit back?

UPDATE: I talked (was yelled at?) With the manager. They claim that someone turned in my set of keys in an envelope marked with my apartment number on Saturday. This isn't possible as I had both my set of keys, my spare key, and the clicker for the gate which I gave to her today. Apparently they are giving me my deposit back regardless? But their story didn't make sense.

Answer:
 Well, in theory you're entitled to the space for your entire rental term.  However, if you've moved out entirely before the term end and don't intend on using the space any more, I don't see the harm in the landlord deciding to repaint.

This seems like a harmless miscommunication.

If they try to argue that you should forfeit your security deposit for some reason, then you can be upset.  Remember that the landlord, not the tenant, is responsible for all normal wear and tear on the property, including things like scuffs on the walls or an old kitchen fan that is worn out.


Title: Anyone know what will likely happen if you fail a drug test on house arrest?

Question: Indiana. Ex boyfriend been on house arrest for over a year. They’ve never drug tested him. They switched monitoring agencies and he got tested by the new one and came up positive for thc and meth.

Answer: They can revoke his house arrest. If he wasn't using, then he can request a second test.Answer #2: Violation of probation could mean a longer house arrest, some time in jail, the house arrest being removed and going back to jail for good.


Title: (WI) Will reads "home and real estate, (located at xxx) including all furniture, furnishings, and items of tangible personal property located thereon" Are vehicles excluded?

Question: My brother maintains that boats and vehicles stored on the property he inherited and titled in my Dad's name (the decedent) are part of the rest of the estate and he has to pay the estate for them to retain them. I maintain they are part of the "tangible personal property" left to him with the real estate and they are his. Which is correct?

Answer:
 Without reading the will, and without knowing if WI has some weird law to the contrary, yes: vehicles are generally considered tangible personal property.Answer #2: Generally yes, they would be included, unless the vehicles are specifically dealt with elsewhere in the will.

However, if your brother doesn't want the cars then he can't be forced to take them.


Title: My apartment complex just repaved and painted our parking lot. Now we don't have enough spaces to legally park our vehicles. Can we break our lease without penalty?

Question:
So I live in an apartment complex in Florida that has never had enough parking spaces for residents and their guests but has always had ample street parking where we can park our vehicles without getting towed. We had one assigned space and any additional vehicles could be parked in guest spaces or on the side of the street.

Last month they repaved and repainted the whole parking lot and as they were completing the project we noticed that they painted in a bunch of new fire lanes where we used to be able to street park.

They just completed the project this week and sure enough they sent a letter saying that they will tow vehicles parked in the new fire lanes without warning. Curiously in the letter they reminded us that our lease allowed one vehicle per apartment. I knew that was incorrect and reviewed our lease and sure enough it says that we are allowed one vehicle per licensed resident.

We were looking to move after our lease ended in February but I don't want to deal with not having a spot to park in and possibly getting one of my cars towed until then. Since they are effectively changing our lease, do we have any recourse in ending it early without a penalty?

Even if they wanted to honor the original wording of our lease they don't have enough spaces to provide everyone that needs a parking space. For example in my building there are 20 apartments and 20 assigned spaces and 6 guest spaces. Most of my neighbors have at least 2 vehicles some have more. I just need to know what if anything I can do to get out of my lease.

Answer: Is parking guaranteed per the lease or just allowed? Answer #2: What's the exact wording of the lease?Answer #3: Are lease takeovers not an option?  Probably easier than trying to get in a legal fight to break your lease and your manager may even help you find someone.


Title: Got hurt at work doing a task I was never trained for. Should I sue..?

Question: So I work full time construction and I deliver pizza on the side bc times r tough. At my restaurant job they sent me out to deliver a 300$ catering order. I went and the guy asked me to help set up. Long story short I had to go back 30 mins later w new pans and a little clean up. I spilled boiling water on my foot and have been out of work (construction) all week. I'm not one to sue but they never trained me to set up a catering order I never even knew that we do that. Also it's off the books so I am prob beat. It really sucks to miss my primary job tho bc I have bills like all of us.

Answer:
 > I spilled boiling water on my foot and have been out of work (construction) all week.

File a claim with workman's comp.

> Also it's off the books so I am prob beat.

As in, illegal job? So no workman's comp?Answer #2: Workers comp claim and stop working under the table.


Title: [Hypothetical] Captured by Spiderman.

Question:
My son and I have been watching a lot of Spiderman lately.  He's 4 years old, and autistic, and Spiderman is turning into his current obsession.  Anyway, I just had a weird thought while watching the end of Spiderman 2 (the one with Toby McGuire), and it got me thinking that, as a run-of-the-mill criminal, if Spidey caught me, wouldn't that cause all kinds of hell in court when trying to convict me?

So here's the scenario.  I'm your average Joe, not a super villain.  Regular police officers could easily arrest me.  I rob a convenience store, unarmed, and let's say I get away with $2000.  Upon leaving the store, Spidey shows up, hits me a few times, slings a web, and leaves me for the cops.  In this instance, wouldn't that give me some extra ammo in court to try to get out of the charges?  Let's assume there's tons of concrete evidence, such as video showing my face, witnesses who point me out in a line-up, and the money was still on my person when apprehended.

Edit: Would it be different if there was a complete lack of evidence?  For instance, I'm found in a web by police 30 minutes after a robbery, have around the amount stolen (maybe a bit more as I might have had a little cash on me beforehand), and all they have to go on is the assumption that I was the robber (witnesses can't ID, no video, etc).

Answer:
 > In this instance, wouldn't that give me some extra ammo in court to try to get out of the charges?

Why would you think that?  In your scenario, there's lots of evidence to convict you.  The fact that Spider-man tied you up isn't relevant at all.

Answer #2: Citizens arrest yo.


Title: My girlfriend (under 18) feels like she cant stay at home, but i dont know if theres grounds to call CPS, and if not I'm not sure what to do

Question: The title is basically the situation. She lives with her mom at home but she is constantly miserable and doesn't feel like she can stay there (which worries me because she's struggled with depression before). She is not consistently physically abused, nor severely. She's only told me about being hit or harmed a few times, so that isn't really grounds to call CPS I don't think. Her mom basically just does anything possible to make her miserable, and from what I've heard it seems like her Mom may have mental issues too. The reason I'm posting now is because a recent event caused my girlfriend to stay at a relative's house for a few days, the relatives being good rational people. Tonight, however, her mom came and took her home. The relatives sided with my girlfriend but didn't think they could do anything to stop it, so they let her go saying that in a year she'll graduate so she just needs to make it til then. My girlfriend has told me though that she can't see herself doing that staying with her mom who emotionally abuses her and makes her scared of being home, especially now. I don't know if there's anything I can do legally to help, because I don't know what she'll do if she has to stay another year, especially now that she's in a bad mental state, but I don't know if there's any legal grounds to do anything, or what she should do in the short term since she doesn't feel safe there, and we don't know what would happen if she were to say, get away to a friend's house. If anyone has any short term (over the next couple days) or long term (for the next year) advice, I'd love to hear it. If you would want any more details, if be happy to provide. Thank you

Answer:
 If she feels unsafe in her home, she can contact CPS.

She cannot just leave, her mother has control over where she is until she turns 18 or the state takes mom's rights away. Answer #2: There is absolutely good reason to call CPS in this case. They will work with your girlfriend and her mom (and probably you and others close to her) to come up with a plan that will keep her safe.


Title: Should we buy this car?

Question:
So my husband comes home and says there is this guy who is a regular customer at his work and he has a 97 Buick Century he wants to sell for $1500. He is currently driving a really crappy 07 VW Bug that has transmission problems/no air conditioning and could literally break down any minute. Because he doesn’t want to drive a car that isn’t reliable to work he usually takes our 15 Nissan Versa to work, leaving me without a car a trustworthy car that I can’t drive with our 2 kids. Which is fine but it can be frustrating and we’ve been talking about getting him a new car with our tax return. The guy says he will work with us and we are getting $1000 for Christmas from his grandpa, so we were talking about putting $800 down and making monthly payments of $150 until we get our tax return and pay the rest off. The guy was cool with the payments but said that the title will remain in his name until it’s completely paid off, which is understandable. I was really excited at first but I’m now starting to get worried. I want to believe this guy is great and everything will work out perfectly but I’m worried we will get screwed and we are hard on money right now. I was thinking about getting some kind of agreement written out to protect us but honestly wouldn’t even know where to start. Then I started thinking about what kind of title it is (I’m not familiar with cars or titles but I assume this is important to know) and what if he had a title loan out on it? Then I looked at Kelly Blue Book which states private party sale is about $700-$1100. Is there somewhere I can go to look up title information? What about if it has/will pass emissions? What do I do?

Edit: Has 150,000 miles which is high, I know. My husband has a soft spot for Buick Century’s as he had one for his first vehicle and he is tired of having the VW. We are in Tucson, AZ btw.

Answer:
 No, you should not buy a 20 year old Buick.

For any reason.Answer #2: Don't buy a used car you can't afford, honestly. Owner financing is a terrible idea, and if it's set up wrong, you may end up paying for most of the car and ending up with nothing to show for it. Ask if he'll hold onto it and sell it to you in April, and if not, so it goes.

As usual, get it inspected by a mechanic before you buy it. Used vehicles by private sale are very much _caveat emptor_ in most things.


Title: Can a US state revert back to a territory?

Question: My question is in the title. I’m currently working on fiction in which the above occurs and I would like to get an idea of what the legal proceedings for that would be, if it is even constitutionally possible.

Answer:
 [Texas v. White](https://en.wikipedia.org/wiki/Texas_v._White):
>When, therefore, Texas became one of the United States, she entered into >an indissoluble relation. ... And it was final. The union between Texas and >the other States was as complete, as perpetual, and as indissoluble as the >union between the original States. There was no place for reconsideration >or revocation, except through revolution or through consent of the StatesAnswer #2: "No state without its consent may be deprived of its representation in the Senate" (sic). You would have to construct a narrative wherein both the state and congress consented, probably  both by super majority.  Say the Mormons invaded Nevada from Utah and ethnically cleansed it, for example.


Title: [MN] Pepper spray cans have expiration dates. Would using an expired can in self-defense open me to any liability?

Question: Just curious. I'll be getting a new one once mine expires in case. Thanks!

Answer: Likely not.  The expiration date signals the date when you can no longer trust it will work as advertised.  It doesn't get any worse after the expiration date.


Title: (California, US) I got charged with a misdemeanor for being 20 years old in possession of alcohol.

Question:
So my friend Eve and I are both 20 years old and went to a friends house to hangout and drink. Eve drove and brought a bottle of Captain Morgan. Around 2am comes, and only about 10-15 people are at the house, and I want to sleep but I don't want to sleep on the floor so I ask for Eves keys and go sleep in the car. I climb into the passenger seat and fall asleep there, while the bottle of captain Morgan is on the floor. I wake up to an officer opening my door and asking me what I was doing. Another officer comes up and asks if I had anything to drink (I say yes) and she pulls me out and arrests me. They end up citing me with CVC 23224 (b) , possession of alcohol as a minor, and have my brother pick me up at the station. So I know I'm lucky they didn't get me for a dui but I'd still like to know if I can fight this so I don't get fined and a record, since I have no priors or tickets. They didn't read me any rights (don't know if that matters), they didn't perform and FSTs on me, and they didn't ask if it was my bottle. It was my friends   bottle and my friends car.

TL;DR drank at friends house, slept in friends car who had an open bottle in the vehicle. Police pull me out and cite me for misdemeanor

Answer:
 You can fight this if you hire a lawyer. You admitted to being in possession of alcohol as a minor.

Police do not need to read you your rights unless they intend to question you.

They did not need to perform any tests because you were nice enough to confess to the crime.