Title: (MS) my husband is refusing to let me take my son to see his grandmother

Question: As long as I tell him where we are. I should be safe from being hit with parental kidnapping.

Answer:
 You do not need to tell him where you are. "Parental kidnapping" is if you are taking your child away against court orders. You have no court orders. Leaving an abusive husband would not be considered kidnapping, unless he got some sort of court order that you need to return the child.

Get away from him, and contact a domestic abuse shelter or[ the national domestic abuse hotline](http://www.thehotline.org/).


Title: My job will force me to go away for 3 week training to cross train for a position I wasn't hired for?

Question: In addition to taking care of my elderly father and our dog, I am also in school. I did two days of training in another state for this job and have worked the same position for over a year. Our Union recently began overtaking another department from the company we are subcontracted for, and they hired a whole slew of people to work that job. Despite being part time and working 2-3 days a week, the company has stated they are going to force all of us who were hired for this other original position to cross train to the new position. It will require THREE WEEKS of training in another state that is hours away by plane. Is it legal to do that? It's simply outrageous, most people who work here also have other jobs or have outside responsibilities which is why we only work 2-3 days a week..

Answer:
 A company can require you perform other duties if they so choose.

What matters here is your union contract. You should contact your union steward with your concerns.


Title: Google Play suspended my application for impersonation and I want to provide legal documentation to prove fair use

Question:
Ok, firstly I understand you guys have a dedicated Pokemon Go thread. Before you delete this, mods, here me out. There is nothing in my issue relating specifically to Pokemon other than with it's trademarks, moreover it deals specifically with abandoned trademarks. I assume my case can be applied to many other scenarios with different trademarks, something I doubt can be said for anything in the Pokemon Go thread.

I made an IV Calculator ([for the unaware](http://www.usgamer.net/articles/pokemon-go-how-to-calculate-the-strength-of-your-pokemon)) application for android that was fairly popular. Yesterday, I submitted an update and last night I got an email from the Google Bot telling me the app had been suspended. No further details were provided, other than pointing me to the usual developer policies (as is the de facto case).

For context, here is the [icon](http://imgur.com/a/UpFNY) & the [screenshots](http://imgur.com/a/GgKgQ)screenshots. Clearly there are trademark infringement's in the Pokemon names, hell even in the name of the application, but I doubt that's why I got suspended. I'm pretty sure it's the icon's doing with the pokeball.

Just to be clear, virtually every other pokemon app on GP are using pokeballs for their icons, many others with far more heinous trademark use & getting away with it. Either way, I can't use that as an defence so I began looking into the details of US copyright law. Here are my findings, I'm hoping someone here can provide more info about how valid these arguments are:

1. [The pokeball design trademark is dead](http://imgur.com/a/zhyAm). Probably not this easy, but I'm not sure why this isn't a solid argument.

2. [Can I claim it is transformative?](http://docs.law.gwu.edu/facweb/claw//LevalFrUStd.htm) In the icon, I use the pokeball as symbolism inside a calculator like [this](https://play.google.com/store/apps/details?id=com.amble43.scientificcalculator).

3. [Fair Use?](https://www.teachingcopyright.org/handout/fair-use-faq). I know this one is slim, but isn't the purpose of the icon factual? Or fall under some form of fan art?

I understand this is a difficult issue to press, and likely I will come away short, but since I have one change at appealing I'll give it my best shot anyway. Either way, it's interesting & I'm interested in hearing where my logic falls flat. Thanks in advance.

PS: My location is South Africa/ Cape Town. Don't know if this would make a difference.

Answer: Google Play does not have to follow any specific law. They may have flagged it for a variety of reasons.


Title: Can a buyer buy a home for 70% of it's appraised value without the seller filing gift of equity paperwork?

Question:
I live in Jefferson County, Colorado. My grandmother passed away approximately 2 years ago. A few years prior to that, my father(one of 3 siblings, who had power of attorney and now is the executor of my grandmother's estate) gave us the opportunity to move into my grandmother's home to watch over it when she moved to a nursing home.  We have lived in the house approximately 5 years.  Now, my father is offering to sell us the home(which is currently in probate) for $250,000.  The home's actually value is more in the $350,000 range.  My father would like to sell us the home without filing gift of equity paperwork because he is afraid that his siblings will reject the house selling to us for less than what it's worth and doesn't want paperwork in closing showing how much the house is worth.

Question 1: Can anyone buy a home for 70% of it's appraised value without filing gift of equity paperwork?

Question 2: Even if my father refuses to file gift of equity paperwork, will the appraised value of the home be available in closing? (Is there typically an appraisal before anyone would give us a loan?)

Question 3: If the home is sold to us for 70% of it's appraised value, is it possible for my father's siblings to come back at us for additional money?

Question 4: Since the house is in Probate, who would need to file the tax paperwork for giving away equity?

Basically, is my father allowed to give us equity without any of the paperwork? Or, is this dream too good to be true and going to come back and bite us in the ass.

Answer: If the house is in probate, then what your father is proposing is called self-dealing and violates his fiduciary duties without being disclosed and approved.  Trying to hide that is fraud.  Like go-to-jail fraud.  And also undo the sale and lose the right to inherit anything from the estate potentially


Title: I change my signature according to the date; is this a bad idea?

Question:
I live occasionally in Germany, and occasionally in Ontario Canada. I understand that by making any mark on a contract I'm indicating my commitment to the terms of the contract, so I'm not trying to weasel out of any obligations or anything like that. What I am doing is trying to make it difficult for my signature to be forged.

Basically, my signature is my name in cursive (which most people can recognize), along with a few marks -the kind of thing that would make most people say "what's that little thing there?". The marks can be arranged in any one of 8 combinations, and the one that I use is determined by the date the signature is made (according to a rule that only I know).

I've been doing this for years so that if my signature is ever in question, I can check the date, and say "yup, that's the right one", or "nope, this wasn't me, and you can check _every signature I've made for the last few decades_ to see that they obey a date-based rule that this one doesn't follow."

The problem is people have noticed that my signature is changing and have commented on it a bit suspiciously -suggesting that it might be legally invalid. I think it should still be valid, but I'm wondering if there are unintended consequences to this practice. Should I stop doing this?

**Edit:** I think the most common objection to this form of encryption is that i might surruptitiously alter the markings on purpose in order to back out of a contract -which would be totally scummy. All I can say is that would definitely be something I'd only ever get to try once, so the markings on their own certainly don't suffice as proof -I'd need other evidence that I never signed and I'd never tried to use this inappropriately before.

In the end, I've decided to consolidate them into a single marking that's still hard as hell to read and looks unintelligible to anyone else, but which I can see and read (and explain if necessary), and which I'll keep consistent from this point forward. Now I just have to tell a bunch of people that the date-based variation I was using stopped now in favour of constant version.

I can't say I'm not a little sad... I thought my whole "encrypted signature" thing was kinda clever :(

Answer:
 I think that the drawbacks outweigh the possible benefits.  If your signature were to be forged, you wouldn't get anywhere saying, "but I have a secret system for encoding the date in my sig!" Answer #2: Warning: Not a lawyer. Anecdotal.

I opened a bank account in my teen years when I first got a job. I signed my name a certain way. Many years went along and I continued to use the bank account with regularity, right up until I graduated high school and got my first "real" job at a company that wanted direct deposit.

I went to fill in the direct deposit forms and fax the paperwork over, the bank phoned me **immediately** on my cell phone and told me that someone was trying to authorize an automatic deposit and the signature didn't match on the account.

I did confirm my identity, but they would not process it unless I came into the branch with ID. They kept asking me why my signature had changed.

TLDR; It's probably legally binding. It does however make it harder for institutions that have your signature on file to verify you are who you say you are if you're signing it differently all the time.Answer #3: This system is not going to protect you by itself.  In a forgery situation they're going to argue that of course the markings don't follow your system because you changed them on purpose to weasel out of it.

I don't really see how the markings would invalidate your signature as they change though.  Anything extremely important is going to require a witness who will validate that they saw you sign.


Title: Banned from Vegas Casino for life

Question:
Hi all. This past weekend I did something very dumb and got caught with a very small amount of narcotics in a club at a Vegas casino. They didn’t involve police but took a picture of my id and told me I was banned for life from all properties.

Had a couple questions that have been keeping me up at night: first, are these bans legitimate? A bouncer took the photo but do they actually enter it in a database? Second, is it possible to get this ban lifted? I travel for work and it is the company’s hotel of choice when staying in Vegas, I would rather not have to try to explain it to them.

I am freaking out that this type of thing could show up on a background check if I were to ever change jobs or apply for a new work visa. Any thoughts on best course of action moving forward?

Any advice at all would be greatly appreciated. Losing my mind right now.

Thanks in advance!

Answer:
 Yes they are legitimate. When you are told you are prohibited from a property, you are trespassing if you stay or return.

Casinos have the absolute most comprehensive security systems I have personally encountered. They absolutely can place your name in a database and prohibit you from checking into a hotel. Their security cameras do utilize facial recognition, and if you are entered, a security officer will come pay you a visit at the table of machine if discovered or recognized.

You are not wise to try to slip under the radar. Start learning to be comfortable in non-casino hotels and explaining yourself to your managers when they send you on the road. While the casinos are not very likely to toss you out of a convention or meeting, they sure as heck can, and again - you are legally trespassed from their properties. Just you being there in itself becomes a misdemeanor crime. Answer #2: Yes, the bans are enforces, especially in Vegas. Looks like you got off easy this time and they didn't call the cops. If you show up again, you could be charged with criminal trespass.

It's possible to loft the ban, but you have no legal standing to demand it.Answer #3: This will not show up on background check.  You are being banned from private property there is no recourse. Accept it and move on.


Title: Ex-husband suing me 2 years later for money I spent from joint account.

Question:
I live in a community state (WA) where assets are divided 50/50. We did not have lawyers when we divorced. I filed the paperwork, he went over it, agreed and signed it. When our court date came up he did not attend. Our divorce was finalized May 2016.

We sold our house prior to my filing for divorce.  50% went to my personal checking account I set up and 50% went into our joint checking.  I'm sure his hindsight (or someone else) is now telling him that he should have placed it into his own personal account.  But I did continue to deposit into this joint account as well.

My joint checking spending is what he is now taking issue with.  We both used the joint checking, he continued to deposit his payroll into this account, we had the 50% of the total money from the sale of the home and I deposited cash into this account up until the divorce was finalized.

He sent me a letter threatening legal action stating (wrongly) that the last deposit I made into the account was January 22, 2016 and that I withdrew monies that did not belong to me.  He goes on to say that he expects payment in full of any money I spent from our joint banking account.

This was a certified letter from him and not an attorney.

Coincidentally, I called a lawyer's office to get a consult but they were not able to speak to me as it would be a conflict of interest after they looked up my ex-husband's name.

What is the best course of action here?

Answer: Call a different lawyer. Your state bar should be able to refer you to one if necessary.


Title: How can I get guardianship of my sister's baby while she's in prison

Question:
First time poster so let me know if i need to change anything.

Long story short my sister called me today for the first time in over a year and is in prison. She is also pregnant and dye any day now. She is in Washington State and I am in Wisconsin. She is willing to give me guardianship in order to avoid her baby going to foster care. I am also willing to fly out there to sign whatever and pick up the baby.

My question is how do I do this? Because she's willing to sign whatever do I need a lawyer? I am in no position to pay for one nor do I really have the money to pay for a 500 dollar flight, rental car and hotel. Is it as simple as filing the paperwork with the courts out there? Or can she just hand the baby to me upon the babies release from the hopital?

I apologize if this is a bit confusing. I just found out a few hours ago and I'm a mess of confusion and sadness and anger! I do have my own children and would be able to care for hers until she is ready and gets her life back. If that never happens I'm also prepared for that. Thanks.

Answer:
 Her prison will have a social worker that can set this all up. Have your sister talk to that person or call the prison and ask.

Answer #2: I want to say thanks to everyone for the advice and such. We brought my niece home a week ago and she is perfect!! She was healthy at birth and is still doing great!Answer #3: So, some out of the box options:

* Have her write her state representative and senator, and you do the same. They may also be able to help resolve this.

* If she is religious, contact a prison ministry for her religion. Prison ministry people are really connected, and can help find the right person. Even if she's not that religious but was raised a certain religion, this avenue may be worth trying.

* You can contact a Washington legal aid services group, and see if they can help. The fact you are in Wisconsin is a problem, but not an insurmountable one.


Title: Laywer requesting access to my email account

Question:
Hi,
I live in Ontario, Canada. Mom and "dad" going through divorce. My mom doesn't speak english to well, we are not well off. Pops left with two step brothers. Anyways, hes trying to sell the house, and they are pushing really agressively, while our laywer is too busy to tend us. It seems as she is invisible and too busy for us and just in it for the legal aid money, or is totally intimidated by the other laywer. Just got another notice where they are trying to get more financial information from us, which I am not afraid of, however they are requesting full on access to my email account which has over 31,000 emails. Can they do this? I don't want to sift through that many emails to delete private information, but also do not want them to find anything personal if I missed anything. It is riddled with personal notes and banking information, of not only me but other people. What should I do?

Answer:
 Since you aren't a party to the proceeding, you're under no obligation to provide anything absent a court order. Getting such an order would require them to convince a judge that you actually (or likely) have something relevant in your e-mail and it would be unfair to proceed without giving them access to it.

So no, you don't need to agree to their fishing expedition.Answer #2: I am also requesting access to your email and bank accounts.

I'd also like to request a Ferrari and a beach house in California.

See? Anybody can request anything. It doesn't mean you actually have to give it to them.

Tell them your aren't giving them access to your email account.


Title: [US-NY] Friend got fired, possibly getting deported/expelled.

Question:
I am making this post in hopes of helping my friend, as they are in a really bad situation right now.  She is currently at university in the US on a student visa.

So here's the story:

A few weeks ago (can't quite remember the date), a friend of mine was asked by another student (I'll call him dickbreath) to buy a gun for them.  She declined and told some of her friends about it.  One of her friends decided to go to the police about it.  She gave a statement and nothing else.  Dickbreath didn't get charged with anything and got away with no disciplinary action.

Fast forward to this week.  Apparently one of the guy's friends (let's call him Asshat) thought my friend had been the one who ratted out Dickbreath about the gun thing.  So Asshat decided to go to the police and tell them that some time ago my friend had bought alcohol for them.  (I think Dickhead and Asshat are about 20 years old, my friend is above 21).

She was brought in to give a statement.  She said that yes she did go to the store, yes she did buy alcohol, and yes she did bring it back to her residence.  The police then told her that she just had commuted a misdemeanor (or maybe it was a felony, can't remember which one) because they knew she was lying and that they were certain she had bought the alcohol with intent to distribute to a minor.

Today the police came to her house and took her to the station where she was presumably arrested and charged with unlawfully dealing with a child in the third degree.  She talked to her boss and was consequently fired from her job.  AFAIK she is currently looking for a lawyer.

Also, it might be noteworthy that Asshat is receiving no charges, since there is no proof that he consumed or bought any alcohol or anything like that.

Is there anything that she can do at this point?  I'm really worried and want to help however I can.

Answer: If she has been charged with a crime she needs to stop talking to the police. At her arraignment she can request a public defender. First the criminal matter, then the immigration matter.Answer #2: Your friend needs an attorney ASAP.  They should be able to guide your friend through her options.  Given that a police report was filed about Dickbreath (what a good name) soliciting an firearm purchase from your friend, an attorney may be able to make a case showing that this charge is the result of retaliation.


Title: Thank you /r/legaladvice for influencing my future!

Question: [deleted]

Answer:
 Since you are starting early, take your time and read different areas of law. You may think X is your thing, but Y, which you've never heard of, actually is something you love. Heck, maybe Z, something you hate right now, becomes your passion. Since you have the time, explore the law.

Don't have your mind set at this point, you have a focus of law, but it may change. Keep feeding your passion, but don't close any doors yet, you may want to go a whole different path in the future.

Most of all relax. Too many want-to-be-attorney's burn themselves out, just enjoy the ride.


Title: NY - Thrown in psych ward after sleep deprivation

Question: [deleted]

Answer:
 >I went to the hospital to get help with sleep and they decided to put me in the psych ward for a week

This sounds highly unlikely. You don't get thrown in a ward for sleep deprivation and the hospital has better things to do than this. There has to be more to this story.

>I have career aspirations that got derailed due to my record.

You actually lost a job, or a job opportunity, due to a weeks stay at the hospital?

>it just ruined my life

That's quite extreme. How exactly has this ruined your life?

>The hospital prescribed me anti psychotics and administered it to me without telling what it is.

Did you look it up before taking the pill? Did they force the pills down your throat?

What is it you're looking for here? Answer #2: it sounds like you had a mental break, it's likely nothing improper happened. the best you can do is sue and hope your story is corect, because otherwise you won't have a case. Answer #3: My suggestion is to focus on your current and ongoing mental health.Answer #4: It's highly likely that things are not as you remember, even if they are it's unlikely you'll get anyone to believe you.  Talk to some lawyers in your area and see what they say


Title: [UPDATE] [ONT CANADA] Landlord selling house I'm currently renting

Question:
The original thread is here: http://www.reddit.com/r/legaladvice/comments/88a0hl/ont_canada_landlord_selling_house_im_currently

The house was put up for sale for a week and then "sold". I put sold in quotes because I have my doubts:

* The selling broker didn't bother showing any clients, only realtors from different firms came through with clients.
* Only about a dozen or so came to see it, and it was only listed for 7 days, despite the landlord not having to renew his mortgage until August.
* Even after being "sold", people were still requesting to see it (I could see the requests online).
* The "Sold" placard was on for just a few hours, then taken away. The realtor's sign is still there.

Plus general sketchiness all around.

A few days after being sold, the realtor dropped off a "Notice to End Tenancy" ([form N12 here](http://www.sjto.gov.on.ca/ltb/forms/)), and even that looked sketchy. It's not filled out completely ("Reason" not given other than option "2"), contact phone number unreadable, etc. The bottom part "For Office Use Only" isn't filled in, but I can't tell if this form needs to be officially filed or not.

But, on the other hand the landlord has given us two months instead of 60 days to leave. And he very well could be under financial distress and needs to sell the property quickly.

How can I check if the house has really been sold? I'd like to do it quietly to avoid needlessly antagonizing anyone.

Answer: " has given us two months instead of 60 days to leave." ????


Title: Neighbor claims I put up a fence facing the 'wrong direction' [MA]

Question:
I have a fenced in backyard where my dog plays.  Sometimes, when my dog (110lbs) sees a small animal or neighbors dog, she'll jump up on the fence to bark at at.  She's never outside when I'm not there, so I'm there to make her get down, make sure she doesn't terrify the neighbors, etc.   Unfortunately, it's a very old fence (rumored by one neighbor to be on the order of 50+ years old), and the cross posts that the pickets are nailed into have started to rot, so even jumping up on them occasionally will eventually knock them loose.  My dog's size certainly doesn't help.  Yes, ideally she'd be perfectly trained and would never chase or jump on anything, but it's a work in progress.

I got tired of constantly nailing these back in, so I ordered some [similar panels](http://www.homedepot.com/p/Barrette-6-ft-x-8-ft-Spruce-Pine-Fir-Flat-Top-Stockade-Fence-Panel-73000470/202090100) (a slightly different color) to replace the old ones.   The fence posts themselves are still in great shape, so it was an easy job, I did a panel a day after work over the course of a week.  When I installed them, I switched the side of the fence the panels were on; even though these are a lot more secure, I figure it would be better for my dog to jump pushing the pickets into the fence rather than out of it.

My neighbor came by to complain that I installed the fence the 'wrong direction', and that the 'outside' should be facing her property.  I checked our local zoning laws, which don't mention the fence direction; however, the [town's summary of the law](http://www.ci.watertown.ma.us/faq.aspx?TID=23) clarifies that there is "No requirement of finished or unfinished side of the fence facing the neighbor."

Do I have anything to worry about, or any legal ramifications to consider?

One minor detail is that I rent the property, but the landlord in the past has specified that he really doesn't care what I do (he's tearing down the house in the next few years to redevelop), and didn't care when I did a way shittier job repairing a fence facing the other neighbor, so I'm not particular concerned about him, although it's possible he may care if the neighbor tracks him down and complains to him.  If he does decide to start caring about this property, do I have to replace the fence exactly as it was, or is repairing the fence to a better standard then it was and changing the direction in any way count towards my duties to repair my damages?

Answer:
 If the town says its ok and the landlord doesn't care than you are good to.

I wouldn't think twice about it.

My backyard is made up of one neighbors "right direction" fence, another's "wrong direction" and my "right direction."

Call code enforcement if you really want to be proactive.

They might try to argue you needed a permit but if it was just repairs should be ok. Answer #2: You're good. Whomever pays for the fence decides what direction it faces. Answer #3: It doesn't depend on your neighbor, it depends on your city. A family member of mine was fined when a neighbor complained that the fence was facing the wrong way.Answer #4: If you want to try to keep things cool with the neighbor, perhaps you could offer to split the cost of buying a second set of panels and installing them on their side as well.


Title: Was pulled over in a co-workers car, she was driving. She had a one hitter and a container, but told police it wasn't hers, so they arrest me.

Question:
I live in the state of **Alabama**. This happened in the **Gulf Shores area**.
 A coworker and I were doing hair and makeup for a film. We went out to eat after a long day at work. We had a couple of drinks at the restaurant. We decided to call it a night and head to the hotel. Which was about a minute or two away. We pull into the hotel and see police lights.
*Before I continue, I realize it was stupid to get in a car with someone who has been drinking.*
 The officer said we did a slight swerve and wanted to check on us. He then does his sobriety test, arrests her for drinking and driving. Another officer asks to get out of the vehicle and stand to the side. He then comes back to me and says "tell me about the drugs we found in the car." Shocked and confused, I responded "Drugs?! What drugs?!"
*(apparently she had a one-hitter and a container with about 0.6 grams of marijuana. NOT on my person, NOT in MY car. I didn't even see where it was located in the car.)*
 He then tells me that my "friend" said she had no idea where they came from. I then explained that I didn't either. He then tells me he doesn't believe me and places me under arrest. At the police station, I guess she started to feel bad about it and said "look, what if i admit they are mine. Can you let her go?" He tells her its too late and we stay in jail for 22 hours until released. We both lost our film job, due to no-call/no-show. I've talked to this person since and she isn't really admitting they are hers now.

***UPDATE***: I thought I had an okay case. I just can't afford a lawyer. I support my stay-at-home husband and two children. With that being said, I decided to defend myself. I show up to my arraignment. He asked if I decided to plead guilty or not guilty. I said "not guilty". He smirks and says "You do realize that if you are found guilty in court, you will serve one year in jail." Then he asks if I had a lawyer or will I be defending myself. I told him I'd be defending myself. He smirks, yet again and gives me a court date.

Am I stupid for defending myself? Am I stupid for pleading not guilty? I don't want to say guilty when I'm really not. I just have no way of proving it wasn't mine; except the fact that it wasn't on me and it wasn't in my car. This girl isn't admitting to it. I can't go to jail for a year, there is no way my family would survive. If for some reason I am found guilty, would they suspend that year sentence and put me on probation? Or does that depend on judge? Any tips on what I should say?

Any advice would help. Thanks so so much.

Answer:
 >Am I stupid for defending myself?
Yes
>Am I stupid for pleading not guilty?
No, that was the right thing to say.
If for some reason I am found guilty, would they suspend that year sentence and put me on probation?
Maybe.
Or does that depend on judge?
Yes
Any tips on what I should say?
"I don't have any money and would like to request a court appointed lawyer."Answer #2: At no point in time do you mention applying for the public defender. Why didn't you do that?Answer #3: Defending yourself is a horrible horrible idea. Answer #4: If it's your life/career/future on the table, you are going to need a lawyer or face the possibilities of enforced separate from your family and possibly a criminal background.

Beg and borrow to afford a lawyer.


Title: Puppy needs $3,000 surgery and has behavior issues. Breeder endorsed by AKC did not mention this to me. What's my recourse?

Question:
California. I have a mini australian shepherd puppy that's 4 months old now, Ollie. I've had him for over 2 weeks now and he's great. However, after bringing him to the vet twice and surgeon, they all agreed he has two undescended testicles that will require surgery, laproscopy, costing $3,000; impossible for her vet to miss this. I was never told this by the breeder, who is endorsed by the American Kennel Club. In addition, the puppy has aggression issues due to lack of socialization per one of the vets and a trainer. I have been taking him to obedience class and other puppy classes, but he's not doing much better and was recommended to see a dog behaviorist ($500 initial fee, $200 per hour after).

I contacted the breeder several days ago via email and have received no response. The cost of the surgery alone is double the cost of the dog - $1,500. What should my next step be? I really don't want to have to sue her and go to small claims.

I just want what's fair, reimburse some of the cost of the dog, if not all. What should I do next?

Answer:
 The breeder would have absolutely no way of knowing that the testicles wouldn't descend.   Actually wait the pup is only 4 months old?  You need to go to a different vet, it's very common for a 4 month old puppies testes not to have dropped, my beauc mix's didn't drop until he was 8 months.

Edit also being registered with the AKC doesn't mean they endorse them.

edit again, $3000 is absolutely an insane price to have that surgery, I have never ever paid more than the cost of a spay vs a neuter to have a dog fixed before the testicles dropped.  You are either misunderstanding this vet or something else is going on.


Title: Collision with car on a bike path.

Question:
I was riding my bike home at night and I was on a bike path.
A driveway runs through the bike path but they have a stop sign. they do not see me and pull out in front of me, I don't have enough time to brake and I hit the front passenger door. It leaves a 3-4 scratch/dent in the door. They stop immediately, We exchange phone numbers, and no police report was filed.
I just received a letter from his insurance company saying that i am fully responsible for $1,031.37.
What can I do?
This took place in Wisconsin

Answer:
 Say no. If they are driving across the bike path then you have right of way. If they sue you shown up to court.Answer #2: Can you draw us a diagram?

By bike path, do you mean a sidewalk or an actual bike trail?

By driveway, do you mean from a commercial park or like someone's driveway? Answer #3: Adding some details since I know this intersection! This is in Madison, WI, right off a pretty major intersection. Here's a link to the aerial view: https://www.google.com/maps/place/Machinery+Row+Bicycles/@43.0759767,-89.3755762,110m/data=!3m1!1e3!4m5!3m4!1s0x88065313540d9715:0x7a81bd4eda838eb9!8m2!3d43.0759009!4d-89.3749823

OP was riding on an area where the Capital City Trail merges with the sidewalk for a brief stretch. The entire bike path is pretty well let in my experience, so although OP should have had a bike light, they were far from invisible. The stop sign the car was at can only turn right onto a one-way street, and should be able to see all relevant traffic from the stop sign. Drivers in Madison tend to be pretty bad about respecting bike lanes and cross-walks, and I've seen/had multiple close calls from drivers failing to check before entering those areas.

I'd agree with others that OP probably isn't at fault, but it's not exactly cut and dry. OP could also see if Machinery Row Bikes, the shop at that corner, has any security footage that might better show the collision.


Title: [Australia] My pregnant partner is being (somewhat) held by her family in a foreign country till i agree to fly over and marry her

Question:
So my partner is a citizen of Uzbekistan and is still required to go back every couple years to complete an exit viza [which is being invalidated 1st jan next yr but thats neither here nor there].
As the title said, they are demanding i fly over there for at least a few weeks to marry her or she cant leave because apparently women under 35 also require written consent from a parent/guardian to leave?
Probably very little that i can do other than play along but just just interested in seeing if anyone had heard or knows of this technicality cause i cant find anything?

Answer:
 Actually that appears to be true.

>Women under 35 are required to come with a husband or a parent to apply for exit visa (in case of departure for permanent residence in a foreign country) and provide their written permission. Both male and female citizens must provide the consent of parents or spouse who remains in the country if they want to permanently leave the country. This obligation was introduced in the amendment to the Resolution of the Cabinet of Ministers “Order to travel abroad and enter the territory of the Republic of Uzbekistan for the Uzbek citizens”, adopted by 7 July 2011, as prevention of trafficking of human beings (specifically women as sex workers).82Religious expression is heavily restricted in Uzbekistan under legislation, limiting the free access to public space of women belonging to religious groups.

https://www.genderindex.org/wp-content/uploads/files/datasheets/UZ.pdfAnswer #2: Maybe I'm reading it wrong, but it looks like she will require her parents' consent to leave the country even if you come there temporarily and marry her?  What happens if you marry and then her parents refuse to give her permission to leave the country again?


Title: [VA] Undersized the AC unit in a three-year-old home.

Question:
It’s cold everywhere. This post isn’t about heat not working, but rather just a simple question about the protections a homeowner has.

Very good friend of mine bought a house that was constructed in 2014, she is the second owner and she did get a home inspection.  She said the heat worked fine in the second floor of her home, but the first floor barely had anything blowing out.

I have a background in HVAC, but I live in another state. I had her do some poking around and checking some things. We became concerned that her unit was undersized. She decided to get a second opinion to corroborate my concerns.

She should have a 3 ton or 36,000 BTU air conditioner in her home. It’s not uncommon to see a 2 1/2 ton or 30,000 BTU when someone is trying to save a little coin and make a profit when building a home.

Her unit is the smallest split system that you can get. 1 1/2 tons or 18,000 btu.  It is very obvious that someone was trying to cut a corner make a “huge” profit(not even more than a couple thousand different in cost).

Being the second owner, Does she have the ability to go after the builder? Can you sue in small claims? Would the builder be responsible at all?  Did she miss any specific inspection that screwed her on the AC unit?

Edit: is there a better website search for Virginia’s laws on homebuying and buyer protection?  The usual search engines are just riddled with ads or they bring up home warranty website, and I’m on mobile.

Answer:
 No - you had the chance to inspect the home before buying it and should have noticed the issue then. The remedy would have been a price reduction as needed to cover the costs of fixing the issue, which the seller may or may not have accepted.

Once you bought the house, you own it as is - no legal remedy against the builder or the seller.Answer #2: It probably hers.  But it might depend on the state.  In most states she had an obligation to do due diligence.  Plus there is no way to verify wether or not the first homeowner wanted to be undersized to save energy(I have a single 5 ton when plans call for two 3 tons).   Third pending the state I do not believe there is a requirement to sell a house with an HVAC, if there is an HVAC the inspector should verify it is working and adequate.
  It takes a few years to put together savings after a big purchase like a house so a new HVAC is likely not an option.  What may be an option is to check for crimps in the flexible ducts, to replace accessable flexible ducts with hard metal insulated ducts and to add insulation in accessable areas to make the system work better.


Title: [Pennsylvania] Landlord says I have to remove my pets in 3 days - is that allowed?

Question:
Hi all!
Just got a text from my landlord saying I need to have my pets (a dog and a cat) removed from my apartment within the next three days. She says there have been complaints of a "smell" and is demanding I get the apartment professionally cleaned.

A little background - I was out of the country for the past month on vacation; I hired a pet service to take care of the animals while I was away. When I got home, there was definitely an odor and it was clear the litter had not been scooped every day. I cleaned immediately, but there is definitely still a lingering smell.

I'm fine with the professional cleaning to rectify the smell, but can she tell me to get rid of my pets? They are in the lease, I paid a pet fee and my lease doesn't expire until December. This seems wrong.

Thanks!

Answer: Sounds like the cleaning you did wasn't good enough. If the smell is bothering other residents then you are probably in violation of your lease. Answer #2: Semi-related to your main issue is your agreement with the pet service. It sounds like they did a notably subpar job and if you end up with damages (having to pay for cleaning your apartment, having pets cared for elsewhere, moving, whatever) it may be worth a trip to small claims court...depending upon the actual terms of the contract.


Title: I have HIV and had unprotected sex..How screwed am i?

Question: [removed]

Answer:
 >And lets be honest the women crying is always going to look like the victim

Well, in this case she *is* the victim.  You knowingly had unprotected sex with her, knowing you had not one, but two, sexually-transmitted diseases--one of which is incurable.  Then when you finally came 'clean' about it, you lied to her and claimed you'd told her your HIV status earlier in the evening.

You need a criminal defense lawyer, pronto.  And when you do hire one, be completely open and honest with them about *all* the facts.  If you obfuscate or lie, it just makes their job harder.Answer #2: A person who knows that he or she is infected with an STD commits criminal exposure in New Jersey by engaging in an act of sexual penetration (vaginal or anal intercourse, cunnilingus, fellatio, or the insertion of the hand, finger or object into the anus or vagina) with a partner, if the partner does not know of the infection.

(N.J. Stat. Ann. §§ 2C:14-1, 2C:34-5.)

Exposing another to HIV is punishable by three to five years’ imprisonment and a fine of up to $15,000.

Putting aside her conduct, you committed a serious felony.

EDIT: I missed where you also have Hep C. Yeah, you're going to be on the hook for not disclosing that too.


Title: How to report someone hiding assets from child support or alimony? (CA)

Question:
Location: California, USA

A friend-of-a-friend basically admitted that they are hiding their true income and assets in order to not pay child support or alimony. They said as much in writing.

I think that's scummy and I would love to report it somehow, but I have no idea how to go about doing that? I do not know how to reach their ex-spouse directly. I am hoping that there is some way to report those things to the courts or to some agency or something.

Thanks!

Answer:
 If the order is enforced through California, you could try to report it [here](http://www.childsup.ca.gov/home/dcsscontactinformation.aspx). if it is in another state, just Google the state name and "child support." Every state has a division that handles this sort of thing now.Answer #2: If you want to get involved, give the information to their ex-spouse. They can, if they're so inclined, go back to court to amend the relevant orders or for an order to show cause.

Honestly, though, this isn't your fight.


Title: Roof caved in due to weather; renters responsibility?

Question:
So our house seemed great until a couple months in, when after a rainstorm part of our roof started leaking and caved in, showing mold and termite damage that was already there. Now I feel like it should be a given that this would be the landlord's responsibility, but I was reading the lease and found this:

"Landlord shall not be liable to Tenants or to any other person for any damage to person(s) or property occasioned by any defects in said leased property, or by any other cause... Tenants should secure insurance to protect against the above occurrences."

We notified the landlord and they came and looked at it, said they would fix it, but they still haven't. Are we going to be held responsible for this?

Answer: The clause you quoted refers to your personal property being damaged or you or your guest being injured on the property, and it basically suggests you should get renter's insurance.  I can't imagine a lease where it would be your duty to maintain the roof, your landlord will need to fix it at his expense.


Title: Wife found a bike and backpack in our yard

Question: Location is in Virginia. My wife found a bike and a backpack with a first initial and full last name printed on it, which was full of unopened beer and workout supplements, just sitting in our back yard. What should we do with this stuff? Just toss it out in the alley?

Answer: I would like to see a Venn diagram showing who exactly rides a bike, takes workout supplements and carries beer around in a backpack.Answer #2: Report it to the non emergency police line.


Title: Need advice being followed/harassed by a police officer

Question:
I live in Kentucky if that makes any differences on the laws.

Roughly 2 weeks ago the apartment complex I live in had vandalization occur (not sure on the extent but I do have a penis drawn in sharpie in my hallway). My apartment complex is 9 buildings plus the leasing office and it has a single entrance that then goes in a circle around the complex. When I go outside to smoke I always walk around the apartment complex on the sidewalk and never have I ever entered another buildings hallways.

So roughly 1 week ago 2 unmarked cop cars started patrolling our area. First night a guy in a black unmarked car pulls up while I am walking and is really friendly. Ask me how I am doing and small talks and ask if i live here and gets my name so he can verify on his roster I am telling the truth. All is good and he goes on his way.

2 hours later a white unmarked cop car pulls me over and this guy is just trying to act super tough. First thing he says is "Hey what are you doing out here?". Nothing like the other cop thats for sure, he was a total dick but I kept my cool and in the end shook his hand and walked away. I walked around one more time that night but no one else bothered me.

This is were the issue starts occurring. I am a night owl and they start patrolling around 6pm until at least 1am (latest the cop in the white car stopped me). I have not been bothered a single other time by the cop in the black car. I have seen him sitting in locations but he never moves or does anything if he sees me. Now the cop in the white car has pulled up to "talk to me" on 4 different occasions now and one time he even came running after me because I turned into my hallway that I live in. Anytime I walk outside now he will be following me and he is trying to be sneaky about it by just always being right around the corner or following behind me. I am feeling very uncomfortable and think this cop is going to try to do something. Last night he was following me but from in front (I think he really thinks I dont notice him) and when he went out of sight I turned the opposite direction and walked back to my place (I was still close as I just started walking). I heard the cop literally flooring his engine but I made it to my hallway and inside my door before he could get around the circle in time.

So my question is what is the law here? What can I do? I am afraid he is going to approach me and try to search/arrest me when I have done literally nothing. I shouldnt have to stop walking at my complex and its literally making me stop doing it due to the fear of what the cop would do, its literally harassment at this point. Any advice is welcome thank you!

Answer: Are you sure these are actual licensed police officers and not private security hired by the large apartment complex. Doesn’t seem right that they would have two officers dedicated to patrol this series of buildings.


Title: [EU/IE/GER] Flightrights | My personal belongings were left alone at the security screening as i got checked and my Nintendo Switch got stolen

Question:
Hello /r/legaladvice !

I checked in at Dublin Airport at the 17th June 2017 and went on to the security screening where I asked the security guy what things I need to unpack and stuffed my electrical stuff, carry-on, passport and wallet into the box to let them check it. I went on to the personal security check, where i got called in because my belt beeped.

Note: There were a few people after me, who weren't called in and had access to my belongings, which is so disturbing.

After they were done touching me, i packed everything back into my carryon and procceded on my travel to germany.

I didn't need anything out of my carry-on, so I didnt check it there.
After I arrived home i left my bag unnoticed until Sunday. I noticed that my Nintedo Switch is missing and reflected.

"Did I put out my Switch into the box?" "Yes - i asked the security man if I should put it out"

"Did you put it back in?" - "Fuck" I didn't know... But there was no way I did, because it was the only time my backpack was opened again.

The thing i am certain of, is that the boxes were empty, because the security employees reminded us to put back the empty boxes on the line. And all mine were empty.

So legal advice, what can I do, and if you need any more information, i will gladly deliver.

Edit: I am refreshing the lost and found page daily and used the Formular to report lost property but never received an answer

Answer:
 TBH I don't see you having a recourse under EU flight rights. AFAIK they only cover airlines, not security in that sense. Also another problem is that you cannot proof that it was lost/stolen while at security. If it turns up at lost and found then you might recover it, but otherwise I doubt it.

IMO you would need to seek remedy under Irish civil proceedings, but still that does not overcome the fact that you have no proof as to who is responsible.


Title: [WA] Quick question: Can "Estate Recovery" go after the financial POA's estate?

Question:
Yes, we are seeing a lawyer tomorrow to get questions answered. I just hoped for a quick answer to calm certain individuals who are freaking out.

There's a lot on google about the deceased's estate's liability, but not about the POA's liability.

Grandma will have "the plug pulled" shortly, finances are shot. Her son is the financial and medical POA. He has signed every document so far as "POA". Some of us are worried the state will go after the POA's estate should any costs overrun from what's left of Grandma's estate.

Don't need upvotes, just a quick check since my google-fu is failing me.

Answer:
 POA means he is in charge of her decision-making, not that he has cosigned or taken any personal liability for said decisions.

In short, no.


Title: Signed a 1 year lease for a new apartment which the landlord does not have a copy of (the lease). Can I legally move to a new apartment without having to continue to pay rent to my old landlord? (Location: Connecticut)

Question:
I signed a 1 year lease with a landlord to live in an attachment to her house.  It's basically a little house attached to her larger house and the lease ends on August of next year.  I was sort of in a hurry to find a new place and this was the first choice available so I jumped on it.  The place isn't great; the hot water doesn't get very hot, there are a lot of holes in the walls, water damage on the ceiling tiles of the bedroom, lots of spiders, etc. but it's also not terrible and all utilities are included which is great.  I recently may have found a much better and cheaper place though.

The landlord and I signed the lease in front of each other and she asked whether I could make a copy of it at my work for her.  I have since made a copy of the lease but forgot to give it to her and she hasn't asked for it either. She has a key to my house/apartment area so theoretically she could have gone in there and taken the lease from dining room table and made a copy herself but I doubt it.

My question is, if I don't give her the original lease or a copy of it can I just move out to the new apartment and not continue to pay her?  So far I've made rent payment for July ($925); payment for August ($925); last month's rent ($925) and a security deposit ($925).  She's a reasonable and nice person so instead of just moving out without notice I would first talk to her and ask her whether I can move out and still get the last months' and security deposit back.  If she's not ok with that, can I simply both the lease and its copy, move out and just forget about getting back the deposit/last month payment?

Documentation:  Emails back and forth scheduling times to visit the apartment and sign the lease; checks I gave her when we signed the lease at the apartment; text messages about some issues with the place; letter w/ August's rent payment that I placed in her mailbox.

&#x200B;

Thank you for any advice.

Answer: No - if you signed a lease you cannot simply walk away because you think the other party does not have a copy.


Title: Can I distribute fliers detailing the illegal activities of my girlfriend's former landlord if my girlfriend signed an NDA but I didnt?

Question:
My girlfriend had a bad landlord that engaged in some shady stuff. She wa in the process of going to small claims court but settled outside of court for the return of the full deposit. In return, he had her sign an NDA to not disclose any info about the case.

I didnt sign the NDA, and before she signed it she shared all the information she knew about the case with me. The NDA does not have a clause indicating it covers past disclosures.

My question is, can I distribute fliers to all of his current tenants detailing the illegal things he did since I didnt sign the NDA? Could this get my girlfriend in trouble?
Topic:
Contracts

Answer: That would be a stupid thing to do and it'll get her sued whether or not the LL wins in court.


Title: Curious about laws around public cemeteries and residential property beside them

Question: [deleted]

Answer:
 You own your property. As long as you aren't bound by an HOA, your only restrictions are essentially city-wide property codes (don't burn a pile of tires in your driveway) and whatever you feel is courteous.

By no means is the cemetery, or anyone on it, able to force you to go inside when people are out there. It is in good taste, but it is not required by law.Answer #2: Just a suggestion, after checking your local codes and talking to the cemetary, a nice big privacy fence or wall might be a good idea for that side of the property.


Title: People are going through my garbage without my consent [Richmond, Virginia, USA]

Question: I woke up this morning and looked out my window and two men were dumpster diving in my roommate and I's trash cans. When I confronted them this morning, they didn't even run off or apologize for what they did, and said what they did was perfectly legal. I'm pretty sure it's not because he's on my property (well, landlords property). But if he wasn't going away, I couldn't really do anything about it. What would the cops do if I called them? I was thinking about buying a can of mace and using it if they didnt leave? I think VA is a stand your ground state, so could I use that law if they sued or something?

Answer:
 > What would the cops do if I called them?

Probably nothing.  They're right, the garbage is fair game.

If they're trespassing on property you control, you can call the police.

> I was thinking about buying a can of mace and using it if they didnt leave?

No, you can't randomly assault people because they're doing something you don't like.  Call the police.


Title: [US-NC] Does OSHA apply to a high school robotics team?

Question: [deleted]

Answer:
 In NC NCOSH is the regulatory agency for occupational safety and health. Since there are no employees, they do not have a direct role. However, following NCOSH regulations (which are essentially the same as OSHA regulations) would be helpful in case of injury or a lawsuit, and not following them could leave people in legal jeopardy.

OSHA regulations are not written to be onerous, but are there for your safety. For example, OSHA regulations require schools to provide eye washes and safety showers for protection of the teacher, but the teacher not showing students how to use them could leave the teacher open to legal action in the event of an accident.


Title: I did a background check for a job and it stated that I'm a sex offender???

Question: Like the title says, I'm trying to get a job in NY and my background check says that I'm a sex offender. Not only have I never been even accused of a crime, but I spend most of my time at home. Is there any way for me to dispute this? I've looked through multiple databases online and I can't find any that have me registered except the one that was pulled by my possible future employer. I'm a Jr. so maybe they are confusing me with my father?

Answer:
 You should have received a pre-adverse action letter from your employer that tells you how to dispute the information with the background screening company.Answer #2: Background checks can be run with as little as a name, most likely they did not use your social or the site they used has incorrect information.  You are entitled to a copy of the background check from the company you applied with.  From there I would figure out if it was mistaken identity or incorrect information.  If it is wrong person, the employer may be nice and give you another chance, but they do not have to.  If it is incorrect information, you will need to contact the company that provided the background check and see what process they have to correct incorrect information.Answer #3: Go to your local sheriff's department or police department. Bring a legal I.D. Request a copy of your NCIC printout (National Crime Information Center) and your state criminal history.

Check to see if both are correct. If they are not, your state should have a process to correct both. You did not list your location.


Title: [NJ] Land Use, Right-to-Farm, Tree Law: Neighbor is destroying my backyard

Question:
Allow me to apologize in advance because I feel this is going to be long post, but I would appreciate any assistance.

&#x200B;

I am a resident of New Jersey. My family and I moved into our home three years ago. It's a sizable lot and happens to be next door to a garden center (GC). GC sells trees, bushes, flowers from spring until fall and then switches over to a seasonal shop for Halloween and Christmas.

There are mature trees along our shared border (\~900 ft.) with one exception. There is a \~30 foot gap which is now filled with tall grass and stagnant water and extends out from the boarder approximately 40 ft. Directly in front of this area is where my neighbor has installed irrigation and stores trees and bushes once they are offloaded from trucks. He has also paved most of his property and, to my knowledge, does not have any storm drains or catch basins.

A little background on GC. Approximately 20 years ago, our town cited the owner (Owner) for erecting buildings without permits, putting up signs, developing the land, etc. Owner and the town went to court and the town won. Owner appealed the decision and Owner won under Right-to-Farm. Since then, he has pretty much done as he pleases without guidance from the town. I will explain how I know this later on.

A little background on my property. My house was built in 1999. The lot was once part of a larger lot that was split into two. The other lot was vacant until this year when it was sold, and they started building a home (New Neighbor). My home is in the center of the property with a walkout basement. According to the original site plans of my house, there was an "existing swale" that ran along the shared boarder between GC and me, around the back of my house, and off through New Neighbor’s property to a storm drain. GC no longer has a swale on his property. He has leveled it out to the boarder and is approximately 4 feet higher than my property in some areas. Also, the point where the swale originally crossed from GC’s property to mine is approximately 40 feet away from the problem area I spoke about. The original swale (which is a dry shallow vee) is still visible around my house, but there is now also a new 4 foot wide and 2 foot deep “river” of standing water and reeds from the problem area straight across my backyard and meets up with New Neighbor's swale. I used use New Neighbor's yard to cross over because his swale was shallow and dry but I cannot do that anymore because of the erosion over just 3 years.

Approximately 1 year after we moved in, I saw Owner at GC and made small talk. He asked how we liked our home and the neighborhood and complimented on the way I was maintaining the land. He then very awkwardly segued to the standing river, saying that it was naturally occurring and not to get rid of it. The conversation immediately ended and I instantly became skeptical of him. Shortly after I started digging and found out his history with the town.

I've spent a lot time cutting down tall grass, getting stuck in mud, and I built a bridge across the water. And one day I got fed up. It was lightly drizzling and the water coming onto my property was like a waterfall. I took a video of it and photos. That day I called a family friend who is on the zoning board of the town and he came to see it. He noted that they actually dug a channel to direct the water from their property onto mine (took photos). I asked if there was anything the town could do. He offered to speak to Owner on a personal basis. Owner’s response was he was unwilling to do anything unless I hired an engineer. My friend filled me in on some of the issues the town has had over the years with complaints and how he uses his status as a farmer to do as he pleases.

I decided to turn to the NJ Department of Environmental Protection (NJDEP). I filed a complaint with the storm water division citing the erosion and water runoff onto my property. NJDEP send over a representative who noted the water, the irrigation water flowing onto my property, the diversion of runoff onto my property, etc. He met with Owner and Owner promised to fix the runoff issue and to plant water absorbing plants on his property by the spring. It sounded promising but I was disappointed that nothing was captured in writing. I was right to be skeptical.  Spring came and went.

I followed up with NJDEP and decided to push the issue with Land Use. Again someone came out and she was pretty surprised about the extent of damage. She pulled up satellite images dating back before 1999 through today and noted that it is clear that there is a change in the flow of water since he developed his land. In late August, she sent a letter to Owner outlining her observations and asking him to respond. Of course he has not. What’s more frustrating, I cannot seem to get NJDEP to give me details such as a copy of the letter sent to Owner, what the procedure is, etc.

So, I’m stuck with a mosquito breading ground and a backyard I cannot enjoy with my children, and I am out of options. I feel I have given Owner enough time to, at the very least, stop diverting water onto my property. I don’t really have the money for a long drawn-out legal battle, which is why I asked NJDEP to help, but I am getting desperate at this point. What are my next steps? Thank you in advance.

Answer:
 Sometimes lawyers take cases on contingency. Or, for a cut of the winnings instead of an upfront fee. You might not have to pay for a drawn-out legal battle if you're willing to give up ~30% of the award.Answer #2: Time to pull a water sample from the swale and test it for problematic chemicals in the runoff.

If you find anything, then start hitting all the three letter agencies with the results. Once you have that, things in NJ move quickly.Answer #3: If you want NJDEP to move more quickly, try contacting your state assemblymen & state senator.  They might be able to get the DEP to take action. They have staff folks that specialize in constituent service (helping you).  Be sure to mention your concerns about a breeding area for mosquitoes to their staffers, too.

If there's standing water, that might be a problem area with regards to mosquitoes.  Your county should have a mosquito control department to call.  Google your county website, look for a list of departments.  If you're in Monmouth county this is their info https://co.monmouth.nj.us/page.aspx?Id=177

Also look into the zoning for your area.  Is your neighbor zoned as farmland or commercial use?  It might make a difference.  Also get to know your town council and start showing up to meetings, especially if you can bring some other neighbors with you to back you up.  They might be willing to take action against the neighbor if you make a big enough fuss - the squeaky wheel gets the grease.
Answer #4: I would go to the EPA. I'm not sure if it would make any difference, though.


Title: A friend of mine (19m) met a girl on tinder .

Question:
My friend (19m) met a girl on tinder who said she was 18. Turns out she's actually 15. He has texts on his phone with proof of the lies.

They slept together. Something happened and she told her parents and they both got brought to the police station. He spent the night in jail.

A few months ago he was accused of rape. I know consent is really tricky, but from all accounts it doesn't seem like rape. Charges were eventually dropped but I guess that's still on his record or something. I don't know how this works.

What are the chances my friend is going to prison? He's already hired a lawyer.

Answer:
 Listen to the attorney, that’s all there is to do.  Don’t talk to anyone but said attorney about this.  Mistake of age, even when lied to, is almost never a defense to statutory rape.Answer #2: >What are the chances my friend is going to prison?

Quite high, unless the charges were dropped with prejudice (as in, impossible to file again for the same accusations) which is unlikely.

>He's already hired a lawyer.

Good.

Going forward, he should follow the advice of the lawyer and not say anything that the lawyer did not already approve of.

The fact that the girl lied is not enough to keep him out of jail... hopefully the lawyer will find enough to keep him free.


Title: A "friend" went into my car took some money and a spare set of car keys. I also discovered a box missing from my belongings being stored in the garage.

Question: I've been crashing at a friends house along with said "friend" in Michigan. I woke up yesterday with my car moved and my keys on the counter, after i noticed some money missing i checked in the bottom of the glove box where i was temporarily storing an extra set of keys (i know, not the wisest place) they were missing. Later that day i was packing my car and noticed a large box of glass supplies missing (i am a glass blower). Hes been the only person going in and out of my car and he just moved his stuff out last night through the garage where my glass was. He is not returning my calls or messages. He was also doing things like taking our mutual friends car in the middle of the night without permission staying out for hours on end. In his own words " Id rather ask forgiveness than permission".  Last time it happened the owner noticed large scratches on the inside of the door handle which were definitely not there before. Any sort of legal advice would be of great help!

Answer:
 >"Id rather ask forgiveness than permission"

Seriously?  Call the police on him.Answer #2: What exactly do you want to happen?

If the dude stole money and things from you, you can either call the police or sue him in small claims court.

Otherwise, lock your vehicle and keep your keys away from sketchy friends in the future.


Title: [WA] Negotiating salary with company. They brought up my attendance as a factor in their offer to me. They hired me knowing I had a medical issue. Is this legal?

Question:
My promotion to manager was announced in November but I didn't receive any direct reports until January. I did not receive my offer letter until 15 days after receiving my full team of direct reports and about forty days from the initial employee reporting to me.

They offered me less than I expected in this position and I tried to counteroffer. They said they couldn't go any higher because of my attendance. However, I have a medical issue that they were aware of when I was hired and every absence has been because of this. They are also only willing to go back to the start of Feberuary with backdating my salary but I was working in a managerial capacity as early as January. When i am gone I ensure my team has never been left unsupported. Can they even bring this up in a wage negotiation? What do I do?

Answer: Have you requested a reasonable accommodation backed by a doctor's note?


Title: Florida Car Insurance for Teens required?

Question:
Hi,

I have a child who is going to get his license soon. He will use his car to drive about 0.5 miles to school (I’m not even exaggerating, I just plugged it into google maps and it’s 0.5 miles), where the speed limit tops out at 25, and half of that is on private property. I asked my broker for quotes on insurance, and the cheapest one is about $3000 a year.

I know the implications if my son gets into an accident, and I didn’t add him as a driver to my insurance company, they could refuse to pay/renew, but I was wondering if this was explicitly illegal, (such as if he gets pulled over). He drives a pretty beater car, and while we’re well off enough that paying for his insurance wouldn’t hurt us too much, it still is a sizable dent for a car he drives five minutes a day.
Topic:
Insurance

Answer:
 If you don't want to pay the insurance then tell your kid to walk the .5miles to school. It's a pretty ridiculous distance to drive anyways.

Also, if you give your kid a car to drive to school there is exactly 0% chance that he will never drive it more than just straight to school and back.


Title: HUGE problem. Need some advice.

Question:
So, I was just informed today (oddly, at the same time) via email from my university where I just recently finished my student teaching/credential program, and by a letter sent by the CTC, that my Bachelor's Degree is unable to be accepted by the CTC toward getting my preliminary credential.

Apparently, the place I attended and was awarded my BS from back in 2005 wasn't accredited then. Is there ANYTHING that I can do to resolve this issue? I don't think getting a second Bachelor's is an option, as I was barely able to financially survive the last year in the credential program. I'm confused that I would even be allowed into the program because of this (one would think it would have been brought up during my enrollment process, if not at some point during the last year).

I'm in southern California, if that makes any sort of difference. Got my degree at The Art Institute of California - Los Angeles, completed the credential program at California State University - Dominguez Hills. I'm just REALLY not wanting to wait another year or two to finish this process, as I'm not wanting the possibility of having to redo CSET/student teaching/ PACT to be a thing I have to face. I've already sent emails out to the credential analyst at CSUDH (who simply said for me to contact Admissions and Records), as well as CTC. I even sent an email to the accrediting agency for AI in hopes that something can be done there.

I really don't want any of the applications I've sent out to end up where I can't even accept an interview over this situation. It would suck if the last year was a waste and my career ended before it could even begin. Any advice from anyone? Or am I pretty much screwed?

note: this is also posted at np.reddit.com/r/ELATeachers/comments/4q7e8l/huge_problem_need_some_advice/ , np.reddit.com/r/teaching/comments/4q7b28/huge_problem_need_some_advice/ and np.reddit.com/r/Teachers/comments/4q7cqp/huge_problem_need_some_advice/

Answer: Not really a legal issue, unfortunately.  Keep in contact with those bodies to see what they will accept or if there is an alternate path.


Title: Can I sue my employer for hiring me under false pretenses?

Question:
New york based: My employer hired me originally as a plant operations manager, I was basically going to be her right hand man.

She then called me about a week before I was going to start and asked me if I could help them out doing another position for the interim.  I said sure as long as it's not permanent, well 3 months into it and I'm still in the position and I'm not doing well at it.

If they fired me for poor performance could I sue them since I was never hired to do that job in the first place?

Answer:
 No, they're allowed to fire you at any time for almost any reason.

Your job description changed.

Did you have any kind of written contract before your start date?


Title: Involved in a car crash while on my phone

Question: For some context, I live in CA, I was slowing down at an intersection while the light was green, I was on my phone so I miscalculated the speed of the car in front of me, so although I was speeding down, I still managed to hit the car. we stop in the nearest shopping center, and take a look at the damages, his car was barley scratched while mine was heavily damaged. He says he is going to call the cops. But he is in a hurry and says he has class. So he makes a deal if I give him 100$ he will drop everything. I was terrified because I recently crashed my car, I was also on my way to class, and he says he saw me on my phone and I will most likely get into legal trouble. I cave, I give him the money, but as I am pulling from the vending machine he takes pictures of my license. I am afraid that he will still try to come after me. I am paying for the damages to my car out of pocket and haven't filed a claim with the insurance. Is it possible that he still comes after me just from a license plate? he didn't get a picture of me, my drivers license, didn't even get my name or number. And I never wrote an agreement, we just shook on it right then and there.

Answer:
 Yes he can absolutely file a claim with insurance for any damage you caused.

Stay off your %&*$#@ phone when you're driving.


Title: I am a college student and can't afford rent for my college apartment. "Failure to pay this amount in full by 6/24/16 will result in the start of legal action and eviction." My parents won't help me or tell me what to do (seriously). I need help [Virginia]

Question:
I am a college student in Virginia. I am at home in Northern Virginia, but I go to school in Southern Virginia. It is the summer and I am home working a job, but am short of paying rent from school. I owe late rent for June and cannot afford it at this time by myself. I've asked my parents for help and they won't give me any money in order to avoid this email I received "Failure to pay this amount in full by 6/24/16 will result in the start of legal action and eviction."

I am freaking out because I have no clue what this is going to mean for the future. I cannot pay this amount by tonight (8:20 PM ET) and don't know what to do. I've asked my parents what this will mean for me and my dad is saying "I'll figure it out". I've tried contacting my mother but she keeps ignoring my calls. Both my parents are divorced, which makes this worse.

Can someone please, please be my parent for a little bit. This whole situation makes me wish I could simply talk to some parents and receive some advice.

Answer:
 Your landlord is a human being who likes money and doesn't like searching for tenants. If you promise her that you'll pay once you're able, and that you're gainfully employed and not a useless turd, you may be able to work out an arrangement.

A bank that knows you're working and that you're not a horrible stain on humanity may loan you the money you need to cover rent, either with a personal loan or a modest line of credit.

If that doesn't work, McDonald's is a great source of free, sturdy boxes to put your stuff in.

***DO NOT GO TO A PAYDAY LOAN LENDER***


Title: My employer released a memo that states "banked vacation will not be paid out upon termination". Is this legal?

Question:
So for a little background:

I work for a popular hotel chain in Arizona that is privately owned and franchised to the sole owner.  We must follow brand standards in accordance to the corporate name, but, since we are franchised, we adhere to policies given to us by the ownership.

Recently, the owner posted a Memo that states the following:

"In the future, banked vacation will not be paid out upon termination *unless the employee gives the hotel 2 weeks notice and works his/her full schedule during those two weeks.*"

I'm wondering if this is legal for him to do.  I did brief research on the topic and found that Title 23 of the Arizona Revised Statutes states that all wages promised to the employee must be given when the employee is discharged. ([23-353](http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/23/00353.htm&Title=23&DocType=ARS); [23-350](http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/23/00350.htm&Title=23&DocType=ARS))

I would love some help with this.

Answer: The law in Arizona is that employers must follow their own policy/practice. In this case you are being given advance notice of a policy change. However you could still file a wage claim and make the argument that you earned the leave under the old policy. If you would win or not could go either way.


Title: Fired for not being a good fit?

Question: [deleted]

Answer: Sounds like you did not work there long enough for fmla leave so file for unemployment.


Title: Solicitors asking for additional funds they forgot to include after completion.

Question:
Quick question:

[UK]

I recently purchased a property and paid my solicitors the entire amount they stated on the final invoice. I subsequently received a letter from them saying the purchase of the property had been completed and that all their costs had been met by me.

A few weeks later after moving into the property they sent me an email saying they had forgotten to add a £200 registration fee to the final invoice and demanded I pay it with 14 days.

In my eyes I paid them as per their final invoice and they even confirmed in writing that all costs had been met by myself a few days later. Are they allowed to ask for additional money due to an administration error on their side after they have already confirmed the completion and settled account?
Topic:
Real Estate law

Answer: if it's a forgotten ordinance fee likely you owe, if it's their own likely you don't. however, /r/legaladviceuk/ may help more


Title: Judge question and Appeals process, Michigan

Question:
Head to the end if you don't want the background. I'm not through the Circuit Court yet, I have a good 9 months until the trial. Just a summary, my neighbor is suing me to shut down my home daycare because we share a private driveway/easement. Before we bought the home, a restrictive condition put on the home that stated the driveway/easement may not be used for commercial business or non-personal uses. We were not made aware of this condition and I happily ran my home daycare for over 3 years before receiving notification of the restrictive condition.

After speaking with attorneys, and the one I've hired, I have had several conflicting opinions on this. The first is whether the neighbor can even place a restrictive condition on the driveway/easement, because he does not own it (nor do I). A third party does, an apartment complex next door who gives both of us deeded access.

The second conflicting opinion is how a judge will interpret a 2002 Michigan Supreme Court ruling of a similar nature. The Supreme Court ruled the home daycare could be shut down and found as a commercial business due to the restrictive condition, even though the State of Michigan laws clearly state home daycare is to be considered "residential, non-commercial." However, in that case the wording of the restrictive condition was more strict than in my case. There is nothing to say I can't have a commercial business on my property, I just can't use the driveway for it. Unfortunately the driveway is our only access to our home, no other way to make one, and it's too long for parents to park and walk (one-tenth of a mile), big long winters, nowhere to park on the adjoining street.

Okay, whew!

My question are 1) Can I ask to recuse a judge? The judge on our case (My husband is listed) was a one we've had previously, when he was in Family Court. My husband and I knew my stepdaughter was being molested by her stepfather, and went through several custody hearings. Each time the Friend of the Court did an evaluation and said my stepdaughter should be removed from her situation and given to my husband. The judge rules with the FOC 99% of the time (so they told me). Every time the judge ruled against us, to the point he told us to file anymore. My stepdaughter was molested daily for 7 years, can not have children, has endometriosis to the point she is disabled, and is heavily addicted to drugs - because her Mom and stepdad gave them to her to help her "cope" from a young age. We did finally get the stepdad when my stepdaughter graduated from high school. He's 4 years into an 18 year prison sentence. I really don't ever want to see this judge again. Can I ask for his recusal?

My other question is in regards to Appealing a case. What happens if the neighbor wins and I'm told to shut my daycare down? Can I keep the daycare open and appeal? Or do I have to shut down the daycare while appealing? I'm curious because my goal was to stay open for about 3-5 more years, and if I can stretch it out long enough, I'll be in a position where it won't matter too much what is decided.

P.S. We own a good portion of the neighbors backyard and his entire beautiful, wooded view. He messed up. He sues his neighbors for sport (he's an attorney, so is his wife). His view is becoming my son's dirt bike track this spring. I just got the permit. Yeehaw!

Answer:
 > Can I ask to recuse a judge?

Yes. But such requests are almost never granted. And you need much stronger grounds than the judge having ruled against you in a prior case.

> What happens if the neighbor wins and I'm told to shut my daycare down? Can I keep the daycare open and appeal? Or do I have to shut down the daycare while appealing?

You have to comply with the judgment/order while the case is on appeal, unless the court that entered the judgment/order grants you a stay. Stays are rarely granted, and even when they are, the appellant must post a bond - which is typically expensive.


Title: I have reason to believe someone is using an illegal indoor shooting range.

Question: I live in California and someone I know mentioned someone they know has an indoor shooting range. They asked me not to say anything about it because it's secret but I feel like it's something that should be reported to law enforcement for potential crimes. Is this something I should pursue?

Answer:
 Secret and illegal are very different. It may be a legal privately owned range. And the owner doesn't want people to bug him to use it.

Answer #2: Based only on what you've written, you should probably mind your own business.  Indoor shooting ranges can be perfectly legal.  It's not clear why you think this one isn't.


Title: Is it illegal for my boss to only want to hire women because we have a lot of men employed right now? NYC USA

Question:
Hey, so I work for a fairly small company about 20 people. STEM field. Of those 20, around 5 are women. My team is 12 people and only 2 are women. One of them is my boss. The other three women work in sales/admin. My manager is a woman, and pretty outspoken about her feminist beliefs.

We used to have more women, but a couple left over the last year (nothing bad, got better jobs, all on good terms). We're now recruiting for about 5 positions and my boss said out loud that she was hoping we get some women apply, as she's feeling outnumbered.

Interviews have been going on all week, and I can't help but notice they're all women. We're in a field that's fairly (but not heavily) male-dominated, so the chances of all 10 or so interviewees being female just by chance is unlikely.

If my boss is literally only interviewing women because she only wants to hire women, is that illegal?

Answer: Even assuming this is discrimination:  1) You, OP, have no standing to complain; 2) You would certainly be fired if you got involved in this; 3) It's incredibly difficult to prove even if you do have standing to complain; 4) Applicants have the hardest time proving a case because they have to show that discrimination was at least a substantial factor in not getting the job.  Given how many factors go into hiring, this is a very heavy lift.


Title: After being told I had completed the necessary credits needed to graduate High school and starting College, I was told I was told that I'm not eligible to pick up my diploma because I have not accumulated the proper number of credits. (Orange County, California) More info in text....

Question:
So to begin with, at the beginning of my senior year of highschool I get sent to a credit recovery/continuation school due to the lack of credits I had (~100). In my school district you need 220 credits to graduate (5 Credits per class per semester). At my original high school you are able to earn 30 credits per semester with a normal schedule while at my new school you are able to earn 60 per semester with a normal schedule. So at this school I work my ass off. I take extra classes and excel at the ones I initially had assigned. Enough so that I have 180 credits by the end of the first half of the school year. Though I was doing great academically at this school, I was often bullied and wanted to return to my old school. So I visit my old school and speak with a counselor about the possibility of me returning. She didn't think it would be a good idea for me to return due to the fact that I'm doing so great at the continuation school. She changes her mind and works out a schedule with 2 extra after school classes after I explain to her my situation regarding the bullying I was experiencing.

Things start off great being back at my old school but I failed most of my classes by the end of the year so I end up in summer school. By the end of summer school I am able to graduate. The principal told me so herself. So i have my graduation ceremony take a few months off and enroll in my local community college. after about 3 months of college I decide to apply for financial aid. Part of the financial aid process requires me prove that I have a diploma. Unfortunately I never picked it up after graduating. So I go to my original high school and they tell me that they don't have it and that for some reason my continuation school has it. I head over to my continuation school and they tell me that there's no reason why they should have it. After a series of phone calls between both schools, my home school eventually tells me that they do have it but there's no reason why I should be graduating because I am 5 credits short.  I become perplexed by the fact that they have a diploma with my name on it, a ceremony I was graduation ceremony I was allowed to be included in, attending college and overall confirmation from a principal just to be told that I never graduated and I cannot have my diploma. I show them my name on the graduation pamphlet I was given at my graduation ceremony and they tell me just because I was allowed to be in the ceremony doesn't mean I graduated. "Then why was I included in a ceremony celebrating the completion of high school?" I think to myself.  So... After trying to figure out how this could've happened they come up with no plausible solution and that they'll give me a call back within a week. After two weeks without a reply I decide to call them, they had no idea what I was talking about and that they'll look into my situation and give me a call back.... again.

So at this point it's obvious that they don't really care or they're too busy but my question is if there's any form of legal action I can take for them to figure this out or if I should just accept the error and finish the one class I need in adult school.

EDIT::: Thank you all so much for your consideration. It's becoming more obvious that I most likely don't have a situation that requires legal action. Some mistakes were made that caused an error on my transcript. After much thought, my bsst course of action would be to see if there's any way I can apply one of my college classes as the elective credit I need. If there's any critical developments, I'll be sure to update and hope your knowledge is there to help me.

Answer:
 They are correct. The ceremony is just a show. It means nothing.

There is no legal action to take. You are short credits. Call and ask what class you can take to finish. Answer #2: Stop focusing on the graduation ceremony.  As Napalmenator stated, the graduation ceremony is just for show.  It doesn't mean anything WRT the release of your transcripts proving that you graduated.  For instance, if you have an overdue library book, your school may let you participate in graduation, and may even tell you that you graduated because you completed all of the course work, but they can none-the-less refuse to release your transcript proving that you graduated until you return or pay for the overdue library book.

So focus on the credits.  Find out exactly how and why they think you are short on the number of needed credits.  If you can't convince them that you are not short on the number of needed credits, then find out what it will take to get caught up.  Maybe they will allow you to apply your community college credits?Answer #3: Just take the GED. It doesn't cost that much, it it sounds like you're the type of kid who can pass no problem.


Title: UK - Viewing illegal content without realising it

Question:
So me and my edgy friends thought it would be funny to look up beastiality stuff and we found a website immediately on Google that just had it available, which we briefly clicked on out of morbid curiosity.

We then reported the website and purged browser cache and history after realising this was probably illegal in the UK.

Are we likely to be in trouble about this? Become quite paranoid that the police might kick down the door because of it

Answer: Dude... you need better friends


Title: American University Student studying abroad in the Netherlands with a nonpublic criminal record.

Question:
I am an american university student in my third year.  In my first year I was caught with marijuana in my dorm room, and I plead guilty under my state's first offenders program.  Under the first offender program, my record has been nonpublic since my court date (even during my probation).  Additionally, under the program no conviction was ever entered into the system.

I have passed several background checks for employment within the United States; however, next semester I will be studying abroad in the Netherlands and I need to apply for a residence permit to stay longer than 3 months.

Will the Dutch government have access to my nonpublic record?  Or should I mark on the application that I have never been in any legal trouble?

Answer: It's almost impossible to say definitively. I would probably disclose it if I were you.Answer #2: If they ask you must answer honestly.  Talk with the education abroad staff at your institution for more specific guidance.


Title: Ex-no contact with kids during his week

Question:
Sorry, I’m posting this in a few different places because I’m not sure where it should be.

Long story short, we share 50/50 custody, one week on, one week off.  I did not want this but couldn’t afford to take on half of our debt so I agreed to it, knowing custody could be changed.  Our agreement allows liberal Skype/phone/contact with the kids when the other has them.   We use to get along great but during separation, we both got into different relationships, I got pregnant, and things turned sour.  My kids love my current husband and they use to love his SO but once she moved in, the kids started disliking her.  They wouldn’t allow/answer my calls/texts so I bought them phones.  Since then, they implemented rules for 30 minutes per day (talk and text) or not contact at all.  My kids advised they can answer/text his parents but any calls/texts from me, they can’t respond.

Though my kids get upset going to their dads, I encourage them to spend time with him and his family.  My ex mil has contacted me on few occasions to take them a few days during my weeks so they can see family in town.  I encourage my kids to keep a great relationship with his side of the family and don’t put restrictions on their dad/his family contacting them.

It’s not just the above, there are several other things that have been happening that translates to their dad not wanting them to have a relationship with me.  I think I’m a great mom but I think his hatred of me is solely based on the fact that I moved on (even though he did the same).  He hates my husband for no reason and has refused to meet/be in the same room with him, even for kids school events.  My ex doesn’t tell me of school events (like parent teacher conferences).  He scheduled it and didn’t tell me because it fell on his week.  When there’s a concert at school and I show up during his week, he gets very upset because it’s “his week.”  He tells the kids that he hurts their feelings when they talk about me.  He doesn’t allow the kids to talk about their half-sibling.  I recently took the kids out of town for an amazing fun trip and when they got back, they weren’t allowed to talk about it because, again, it’s “his week” though his mom thought it was ridiculous they couldn’t talk about it, picked them up and they told her about it (which she was excited for them).  The more I type, the more angry I’m getting.

When they do fun stuff with their dad, I always ask details, listen, and ask questions.   I care about their overall well being whether they’re with me or at their dads (obviously all parents should).  I don’t see co-parenting happening with him.  I tried parallel parenting but it doesn’t solve the problem.  It’s overall damaging and hurtful to my kids (they’re both in counseling and the therapist is aware of the situation).  My kids told me they googled how old they have to be to decide where they want to live because they hate it at their dads and want to live with me (kids 13, 10).  My daughter kept saying she “googled it” and it says 14 and she kept saying “only one more year mom!” Even though I know it’s ultimately for the judge to decide.

My ex has threatened to take me back to court to try to get more custody of the kids, though I highly doubt it would be more in his favor.  I haven’t expressed my concerns like I use to because he ignores them, says it’s his house and none of my business, or calls me crazy. He makes 3x as much as I do and is willing to keep taking me back; more so I have to pay for attorneys which costs money.  Sometimes I feel my hands are tied but I don’t know what else to do.

Any advice on situations similar/outcome or legal advice would greatly help.  Thank you!

Shortened version: Ex won’t allow me to contact my kids on his weeks, though it’s in our agreement.  What should I do?

Topic:
Custody Divorce and Family

Answer: The only thing you can do is contact your lawyer and take him back to court. Unfortunately there are no other options.


Title: Needing help- DUI

Question:
Hello all. I am really needing help on what to do for my fiancee, although now I expect that I am too late. So I guess I could use advice on what to expect now.

Last Wednesday, he was driving a friend home from work after drinking (they drink after work, he works 3rd shift). He was definitely over the legal limit (I do NOT condone this, this is the first time he has EVER done something like this). A car was stopped in the middle of the road ahead of him, and my fiancee rear ended him going 55 mph.

Both cars are totaled, and my fiancee was the only one who got hurt in this situation. The cops came and asked him if he had been drinking, to which he responded yes, he had. Then he was brought to the hospital via ambulance. They treated him for a broken wrist, and they also took his blood to be tested for BAC.

He got his summons to court, and he will be appearing Friday morning. My thoughts on this-- he probably should have never admitted fault, correct? Also, they never released his BAC to him- is this even right? I don't understand how he can go to court completely blind as to what his BAC was. I don't see how he can build a proper defense without knowing this. And thirdly, this wreck would have never happened if that other driver (who was also drunk) had not been stopped in the middle of the road.

So I have a lot of questions. Should he fight this? Is it too late to fight this? Should he just take his sentence? He is being very optimistic about all of this, but I don't see how- this isn't like a situation where a cop pulls you over for swerving and you get a DUI- he got in a wreck for his first offense. What does everyone think? He is just lying dead and willing to accept what punishment is given to him, but with these circumstances, I don't think it is wise/right. Thanks.

Edit- my apologies, we are in the USA in Ohio

Answer:
 > My thoughts on this-- he probably should have never admitted fault, correct?

He didn't have to, but it's a bit of a moot point, given that he was very clearly at fault.

> Also, they never released his BAC to him- is this even right? I don't understand how he can go to court completely blind as to what his BAC was.

His first appearance is almost assuredly not his trial.  It's likely an arraignment, where they'll make sure he has a lawyer, get his plea, et cetera.

 > And thirdly, this wreck would have never happened if that other driver (who was also drunk) had not been stopped in the middle of the road.

No, this wreck never would've happened if your fiance wasn't drunk and driving.  There are obstacles in the road all the time - it's his responsible to be sober enough to avoid them.

>  Should he fight this? Is it too late to fight this?

It's not too late, as he's not yet been found guilty.  It doesn't appear he has much of a defense, given his confession, his accident, and likely his BAC.  He should seriously consider hiring an attorney.


Title: Unfit living conditions, can the landlord sue the tenants for demanding their money back, when he didn't provide them with actual fit living conditions?

Question:
My friend just moved into her new house, after talking with the landlord about needing to move in early, he told her that yes, the house would be ready and have all the needed new appliances.

She moved in today, and there is no hot water, no fridge or stove, and no heat. When she told the landlord that she wanted her security deposit back until he fixed things, or she wouldn't pay the rent at all and she wouldn't be staying there, he told her that she signed an agreement to move into the house "as is" (which I've seen the lease, she didn't) and that he would sue her for rent if she didn't pay.

He can't do that right?

Answer:
 What state is this in?

> When she told the landlord that she wanted her security deposit back until he fixed things

That's very likely not how this works.  The security deposit is something she provides him to hold against damages she causes.  It's not a bargaining chip for repairs.

> or she wouldn't pay the rent at all

**If** your state allows for withholding of rent, it also likely requires the formal, written request for repairs, plus a reasonable time to repair after that.  In addition, unless the lease specified that the landlord provided a refrigerator and stove, it's likely that she can only hold him to the hot water issue.