Title: [California] How to become a citizen through marriage?

Question:
I'm recently engaged, been with him for 7 years. My fiancee is here LEGALLY, but he is not a citizen, nor is he a resident. He has a passport from the Philippines, a visa, and a work permit. He's lived here in California for most of his life. We plan on getting married in a courthouse.

My question is what do we need to do to make him a citizen? Do we need to do anything before the courthouse? What needs to be done after? Do we absolutely need an immigration lawyer or is this a pretty straight forward process?

Answer:
 I'm a citizenship  teacher, not a lawyer . Becoming a citizen simply by marrying a US citizen has not been an option since 1922.

What can happen is that marriage to a US citizen can help a person qualify for a green card (aka legal permanent residency). Then, if the person keeps the green card for three years, while married to and residing with their US citizen spouse, and fulfills all the appropriate conditions of being a legal permanent resident (continuous presence in the US for at least half that time, not abandoning the green card, good behavior etc.) They will qualify to apply for naturalization.

No step of this is guaranteed. I would start by consulting an immigration attorney about how to help your husband apply for adjustment of status to legal permanent residency on the grounds of marriage to a US citizen. Answer #2: It's a long and complicated process, and if you screw up, you can expect to be delayed by a long time or denied entirely.

I would suggest consulting an immigration lawyer before you get married.


Title: Debt collector claims I owe more than I do.

Question:
Hello, today I received a call from a debt collector who claims they have been trying to contact me when this is their first attempt. They are trying to pursue unpaid rent my last apartment put into collections. I spoke with the apartment corporate office a couple of months ago and they gave me this deadline of New Years to have a plan figured out. My total amount owed is around $2500.

This company claims I owe $4400 which is nowhere near the amount. They claim they are collecting for 5 months of unpaid rent and utilities. Rent was 495 and utilities were free so the $2500 amount was correct. I was going to pay this debt with student loans (rough cycle) in January and be clear but the company already sold it off.

I called the corporate office to no response so I left a message. I definitely don't owe $4400 and they want me to settle for $3300. Any advice?

Answer:
 If your lease says you pay collection costs for anything that has to be sold collections then you may owe more than you think.

You can get their address and send a debt verification letter.


Title: Landlord charging $430 for carpet replacement 6 weeks after moving only when I inquired about my deposit

Question:
Some background:
My boyfriend and I paid first and last months rent, $300 non refundable deposit, and $300 pet deposit upon moving in. Our lease was month to month and we were required to give two months notice upon moving out. We bought our house in the end of March so we put our two months notice in on April 1, in a written letter and an email. We closed on our house on April 30 and started moving that week. I let our landlord know in our notice letter/email that we would be moving throughout the month of May since we had to be out June 1.

I received a call on May 8 from my landlord asking when we thought we would be completely moved out. I told him that we had our things moved already but we left cleaning supplies to tidy up the place and I planned on heading there to clean after I got off work that day. He informed me that since we paid a $300 non refundable deposit, that money would be used for professional cleaning so need to clean ourselves. He asked if I could go there that day to pick up the cleaning supplies and leave the keys since he had a lady coming from out of state that wanted a place ASAP. I told him I would and I did. Picked up the cleaning supplies and left the keys and texted him that day telling him so. In the same text message I asked if we would be getting a prorated amount of our rent back since we paid for the entire month of May but we left the keys early. He replied yes we would get a prorated amount back. I gave him my forwarding address that day for the check to be sent to.

On May 24, we had not received anything so I texted our landlord asking when the checks for our prorated rent and our refundable pet deposit might be sent and he said “Not sure. Corporate handles that.” I wanted to give 6 weeks for the check to be sent before contacting corporate, and June 19 was the end of that 6 week period. Yesterday, June 20, I sent a text to our landlord asking for corporates contact information so I could inquire about it. He gave me an email so I sent email with my question. I received an email back saying that our last months rent was put towards the month of May, our $300 non refundable deposit was out towards cleaning and shampooing the unit, and we were also charged $250 for “removal of pet urine and ozone treatment to remove pet smell”. (Our pets did not pee on the carpet and I have asked several of our friends if they ever smelled anything bad in our place and they said no, but I know that is all subjective.) They said that there was still a balance of $50 on the account but they were willing to forgo that and close the account.

I replied back stating that we were told by our landlord that we would get a prorated amount back for rent since he was very adamant that we were out as soon as possible since he had someone else that wanted the unit. I had sent the email before I realized that we shouldn’t even owe the $50 since our pet deposit was $300. I have the transaction receipts to prove that we paid $600 in total for deposits.

I got an email back saying that I was right and our landlord did tell me that we would get a prorated amount back, which was $402. But they said that it has now come to their attention that the two attempts of shampooing the carpets and the ozone treatment were not effective in the removal of pet urine in the living room so the carpet as well as the pad will need to be replaced. They said that they will credit the $402 but we still owe $430 for the rest of the bill. They sent me the invoice for the carpet replacement and it was dated June 15.

My boyfriend and I have already gathered all our receipts, texts, emails, and pictures we have that pertain to this and have contacted a lawyer, but we think it might be a little bit before they get back to us. Is there anything else we should be doing? I have not replied to the last email they sent about the carpet bill. Are they allowed to come back and say we owe more money over a month after we moved out? We were under the assumption that someone moved in within a week of when we moved out, if that’s the case wouldn’t that make us not liable? Everything just seems super fishy and we could need the money they owe us, but we definitely don’t want to pay more for something that wasn’t our fault or even necessary. This is in Missouri. Any advice is welcome.

Answer:
 So, have you moved out more than 30 days prior to June 15?

If yes, then they missed the legal due date for deductions and are not legally permitted to add additional deductions. There is no reason not to sue for the full return of the deposit since it's quite clear that they are lying to you in order to cover up a mistake or maybe squeeze some extra money out of you because you don't know the legal requirements.


Title: [KY] Do I need to be present for my divorce hearing?

Question: Everything has been amicable. My STBX wife retained a lawyer to help out with the paperwork. Everything is written and signed as we agreed. Do I need to show up in court for the hearing?

Answer: If the other side shows up, you show up. Even if it’s amicable. Answer #2: If there is a hearing you need to go.  You would be a fool not to in any event.  Although the odds of her trying to change anything are absurdly small, you want to be there.  The judge will take all of 5-10 min to flip through the agreement, ask you if you have had a chance to review it to your satisfaction and seek your own legal counsel if you had wanted and will approve it.  Absolutely no down side to going and potential contempt of court if the judge expects you and you are not there.


Title: Do I evict tenant who broke law? Can I, legally, allow her to live there?

Question:
I'm a landlord in NJ as my handle implies. I own a large building with over 30 tenants. One of them is a single young woman in her 20s. She is very polite, considerate, and responsible as she pays her rent right on time every month. Problem is, she recently informed me that she got custody of her three siblings and that they need to stay with her until further notice. Apparently, they will all be sharing the one bedroom in the apartment. I said it was okay.

However, my wife informed me that it is illegal, by our own lease, to allow mroe than two tenants in a one bedroom apartment. In fact, it seems illegal in New Jersey. It seems to be a fire hazard. Problem is, she just renewed her lease for another year. If she breaks it, she would need to buy me out. If I evict her, it would damage her reputation. My wife is pushing me for an eviction. I don't have the heart to do it but she claims if we don't, we could get in trouble with the law.

Can I make an exception for her? Must I report her for having more than two tenants? What would be the consequences for me for allowing her to stay?
Topic:
Landlord Tenant Housing

Answer: You'd best check with a local landlord/tenant attorney. Messing with fire codes is not something you want to do. Fire codes limit the number of occupants all over the country. It all has to do with safe egress. Too many people, fire, too few exits => trouble.


Title: Urgent SC probate advice Needed! Mother passed away from cancer in South Carolina. No will. Received a manipulative letter and something to sign from step dad. We don't trust him and don't know how to proceed. He's threatened us with a time limit.

Question:
Exactly as the title says. Note I have one sibling. We have been left nothing so far and step dad is already living with another woman. We each received a waiver to sign in the mail with a note attached from step dad. He's a very manipulative person. Advice Needed.

* Waiver and note: http://imgur.com/iBY4upu

* We then asked some questions about what he intends to do with the estate, and got this email:

* UPDATE: He has now threatened to ruin my sibling and I's credit if we do not sign. Can he really do this?

* UPDATE: Lawyers are advising us to sign.  My sibling talked to two probate attorneys and they both said the same thing.. that by signing that form, that means he will not have to pay bond however he will be the executor of the estate. By no means does it mean our names would come off the house/estate/beneficiaries/heirs.  If that were the case we would be getting a different form from the court. This is contradicting most of the advice in this thread. Why?

"___ and ___,

We really need to talk.  From the beginning I have been honest and forthright with you concerning the mistake that was made when your mother and I had the mortgage contract created by our attorney.  In the State of South Carolina when someone dies without a will and if the mortgage contract does not say "Joint Owners with Rights to Survivor" then the court by law is obligated to declare the spouse 50% owner and any Immediate family members beneficiaries (i.e. you two).  Our attorney screwed up.  It did not get written that way.  The court is then by law obligated to advance paperwork THEY deem necessary to close the estate.  NOT what you think is needed.  It is the court's responsibility to do the right thing for all three of us not just me. The papers you have in your hands are the first that are needed by the court to proceed.  Once those are filed, on that day the clock starts on the debt declaration phase.  That I am told will take eight months from the time that I turn in the papers you two have, for the court to declare the estate closed. Then the title will be issued.  This also means that the house can not be refinanced.  The lady who holds the mortgage is very upset that this happened but she must wait upon the court now and expects the paperwork to be filed.  What I am not clear about is what your intent is.  Yes, the court made you both a party to your mother's and I's property but that does not come without responsibility.  That responsibility part could be very obtrusive to you both and to your husband also.

I am not sure at this point about whether you may think that somehow this might have been the intent of your mother but I can assure you that this is not the case.  Whether you believe that or not will tell me a lot about how you truly feel about me.  Your mother and I worked very hard to obtain the money and funds needed to make this house our home.  The consequences of the mistake would have been very upsetting to your mother because she wanted our lady friend paid back as quickly as possible.  At the end she took great comfort in knowing that I had an affordable place to live and somewhere I could retire to.  Now please don't tell me that on the basis of a mistake that was made, totally out of our control and certainly not aware of it until it was to late, is something you intend to complicate for reasons I can't even begin to fathom.  Your mother and I have had nothing other than debt for most of the time we were together and that is all there is now reference to your mother's estate.

Now ask yourself, if your husband died tomorrow without a will and you lived in THIS state would you not expect his mother to do the right thing and cooperate and remove herself from YOUR business and your property? She being his next of kin would put her in the same position you two are in.  Please tell me that while yes, technically you both are a party to the property with ALL the responsibilities, that you also know, that morally you have no right to it.

Please call me tomorrow before midnight to discuss our future together.  "I Promise You", that it would not be wise for you not to call me and work this out.  The negative that I can do will be irreversible, permanent, unstoppable and affect all three of you for a long time if I don't get to speak to you.  To not talk to me will immediately set my path.

I am truly sorry but you are making a mistake if contesting things is your aim.  Take note that if you are getting advice from anyone that is not fully acquainted with South Carolina probate court law then you are not being advised well.  Ask yourself, what is there to gain by not doing the right thing by me.

____,"

Answer:
 I would respond:

"Hi.  Thank you for your explanation.  I  agree with you at least to an extent:  I need to be advised by someone fully acquainted with South Carolina probate court law.

After I retain someone to properly advise me about the ramifications of the document you are asking me to sign, I suspect he will be in contact with your attorney.  Can you please provide me with his contact information."

Then do what you told him you would do.


Title: [Charlotte, NC] I tracked down the car that hit me, is it okay that I photographed the license plate without the driver knowing?

Question:
[22, F] So I got in quite a headache of a situation this afternoon. When I was driving home from Uni I was rear ended by another driver, completely her fault. The power lines were down and cops were directing traffic at the time so I understand she may have been distracted by the commotion. My vehicle, a Honda CRV, is a pretty tough cookie of a car. No physical damage was seen on the back door of my vehicle. The woman that hit me, a 55 F, was driving a Audi and the front of her car was heavily dented with the hood peaking up from the impact. I quickly put my vehicle in park as soon as I felt the impact and got over the initial shock. I ran around to make sure she was okay. I noticed the bad damage to her car immediately felt bad for her even though it was her fault. I inspected my vehicle and couldn't see any damage, but I was aware that something may have happened to the alignment or some other part of the car that isn't visible on the exterior. The woman wasn't in a great mood, I would be upset too if I damaged my Audi, but she was fine. She tried telling me that my car was fine and her's took all the damage but I reputed that something could possibly be wrong with the alignment, we don't know yet.

The lady got back in her car as I inspected my car further and traffic around us continued to get worse and worse. Me still being in shock and feeling a bit bad for her just quickly asked for her name and number and gave her mine's as well. I told her I'll need to contact to her if something does turn out wrong with the alignment and need to make an insurance claim for it. Stupid me though did not take down her license plate number or insurance information. I was in a bad head space for sure. The lady drove off and shortly after  I called my father and he was quite upset. He said I need to file a police report right away which I should've done in the first place. A cop came to help me out after about 2 hours of waiting and lo and behold we discover the number the woman gave me was fake. The cop filed a report and did what he could to help me but otherwise I was out of luck.

While I start driving home I notice a weird clanging noise from one of my back tires - something is definitely up with my car. I'm really frustrated now, with the woman for lying and more at myself for my own stupidity and being gullible enough to trust her in the first place. I get home and quickly jump on my laptop to type this women's name into Google. I found a page with voter information that seemed to match the description of the lady who hit me. It had her address as well, an apartment complex close to my home. I wait till the evening and drive to the complex and I found her silver Audi, dent and all. I quickly snap a pic of the license plate, and the nasty dent and drive home. Turns out she gave me a fake phone number but not a fake name.

I plan on calling the same cop that helped me today tomorrow morning to give him the new information, my question is though is it legal that I researched her address, drove to her complex, and photographed her vehicle without her permission? Although it was inside a complex I was in a public street, not in anyone's private driveway or anything. Thank you for any help, I know I made a bunch of mistakes today, but I'm learning.

Edit: I suck at spelling.

Answer:
 Completly legal. as long as you weren't trespassing. Also, next time you're in a crash, call the police immediately. :) Answer #2: Perfectly legalAnswer #3: just adding to taking pictures route.
1. get pictures from all four sides of cars
2. get pictures of all occupants of car so no one shows up later claiming to be injured in crash
3.get pictures of the intersection or road way where accident occurred to show what the weather was like
4. get pictures of previous damage to car this it is not added to claim
5 get pictures of license plate and insurances card Answer #4: Do you have collision insurance?  Hit and runs happen, just file a claim with your insurance, give them whatever information you have on the driver, and let them deal with it.  You'll also need a copy of the police report.

If you don't have collision insurance, then you can sue the other driver for the cost of the repair.


Title: Mother died, brother (12) taken by grandma from unofficial stepdad in NY to IA.

Question: He was sent out there for a summer vacation, now they are refusing to return him. The mom died 2 years ago, and the step father has been "dad" since he was 5. No idea who the father is. He was sent out to Iowa a few weeks ago but now his maternal grandmother won't return him to his stepdad in NY. He has been enrolled in school already in Iowa so we know he won't be returned. Who would be next of kin to be the one who has custody. There is the stepdad but he never filled out the paperwork while he could, he has an older brother 27, 2 sisters 25 and 23. Then an uncle and the grandma. Also, is there anything to be done if the grandma is supposed to get custody, but is verbally and physically abusive. His other siblings lived with the grandma and had many instances of these things happening to them. The stepdad has been told by lawyers that he is not technically the custodian since he didn't fill out the proper paperwork. Any advice and knowledge will help with this complicate situation.

Answer:
 Well, it sounds like a custody battle. Step dad needs to file immediately for custody and have the child be returned his residency state.

If there are concerns of abuse call CPS. Answer #2: The siblings would be next of kin. They should file for emergency custody.


Title: Company employee stole credit card information and used it for multiple transactions

Question: I recently used a moving company. At the end of the move, the company charged me the incorrect amount and I got into an argument with the manager. I filed a complaint against him, because of his innapropriate customer service towards my partner. The day after this, my credit card that I used for the moving transaction, was used at 7 food merchants (all on different dates) all around the same area as where the main office of the moving company is located. I was not notifed until today from my credit card company. I am waiting to hear back from some of the merchants to see where the food was delivered, that way I have an address. With this information, can I somehow file suit against the company for releasng my personal information and using my credit card? I know the address of the food deliveries will need to match an employees address, but I do not know how to get to that step. Help! This is currently in New York.

Answer: When someone steals your information in this way you make a police report. Answer #2: I mean there’s really no lawsuit to be filed, you can file a police report so he may be charged with theft and should get those charges invalidated by your CC company.


Title: [US] You sign a lease for an apartment complex. You purchase a car that is at stock ride height. The apartment complex installs speed bumps so large that your car scrapes every time you drive over them. Are you entitled to any damages?

Question: Basically the title. Hypothetical scenario.

Answer:
 I swear this actually happened on the actual legaladvice blog. There wasn't a legal remedy, I don't think-- although the contractor that the complex had hired probably eventually got called back out to adjust the speedbump.Answer #2: NAL, but if you bought a stock vehicle that is scraping, you're not the only one who's going to be having issues with the speed bump. That usually means the speed bump was improperly constructed.

The only people I know who have speed bump scraping issues are those with lowered vehicles. I'd be more likely to doubt the claim that it was stock height


Title: Non-compete clause at my current job, am I fucked if I try to leave to work in the same industry? Please help, I have no one I can turn to for advice on this.

Question:
I'm not sure what the relevant information is here, so I'll try to be brief but detailed, and of course will answer any questions.  And yes, it's true, I have no one I can turn to for help with this-- can't trust anyone at my company, no one else that I know has any experience with this kind of thing.

I'm salaried staff at a company that does environmental consulting, started here almost a year ago after I finished my Ph.D. but while I was still dating someone with whom I thought things would go well, and I didn't want to move. That went south, but I'm still here, although I'm applying for positions in academia and government (quietly).

The non-compete is something standard they do here, and I signed it (after reading it carefully and considering) because I felt that I was joining a good company, had good prospects for advancement, etc.

We have several offices in several states in the Southeast-- the home office is in Kentucky, our office is in Tennessee. Many of the other offices (including ours) have been doing less than adequately from a cash flow perspective. We're very top heavy at my office, and it's become clear that my chances of advancing further in the company at this office are minimal, they simply can't afford to increase my salary if it's coming out of this office's budget. One of our other offices (that does slightly better, and has fewer management-type staff) recently offered me the option of relocation, but it's to a state that I don't want to live in. And it would be on short notice, and would cost me quite a bit to break my lease and move.

Our company's owner / president tends to shoot from the hip on some things, and he seems to take it personally when people leave. One person from my office was fired about eight months ago, and he had to be convinced *not* to pursue the non-compete against her. Another guy several years ago apparently lost against him with respect to his non-compete. But he declined to pursue it with a guy who left several years ago, and was in a position to actually take clients with him. But apparently they were glad to have him go, so...

The sporadic way that he pursues the non-compete on people is troubling, and it strikes me as much more punitive than any kind of actual protection against client sniping or loss of trade secrets.

Most of the folks I've talked to are too worried about the non-compete to leave, but I really want out. I don't want to move to a different office of this company, but if I don't get a job in the academic or government world, I need to continue to work in this industry, and within the region where I currently am (my specialty / experience is somewhat regionalized).

**Summary:**

1) Non-compete clause at current employment.

2) States in question here are Kentucky (home office) and Tennessee (my office).

3) Advancement at current office not likely due to cash flow issues, only chance is to move to another state / office (that I have absolutely no interest in living in).

4) Company owner has been somewhat sporadic in pursuing non-competes, not sure if leaving will be likely to set him off or not.

**EDIT:** The language of the clause says the following:

>Employee agrees for a period of two (2) years after the termination of his/her employment for any reason whatsoever, whether voluntary or involuntary, Employee shall not directly or indirectly: (a) perform any work for any of Employer's Clients (as defined herein), (b) interfere with Employer’s association with its Clients, (c) entice, induce, approach or cause any of Employer’s Clients to terminate or substantially reduce the extent of his, her or its relationship with Employer; or (d) entice or induce any independent contractor or employee of Employer to leave Employer's employ. For purposes of this Section VII, the term "Client" shall mean (a) an person, business entity of any kind (whether sole proprietorship, partnership, corporation, limited liability company, or tax exempt entity), and any federal, state, or local government agency, for which Employer is currently rendering or has rendered services of any kind, or with which Employer is doing or has done business of any kind, or with which Employer now has or has had in the past, a contract, task order, or similar agreement, for work of any kind, whether or not Employer has actually performed any such work or has received consideration for such work.

Just to be clear, from what I can tell, this prohibits me from working in this industry at all, since it specifies federal and state agencies.

Answer:
 Generally, a lot depends on which jurisdiction holds for enforcing the agreement.

Tennessee is pretty employer friendly, with continued employment to be enough consideration to make the agreement enforceable if it is not overly broad. I can't tell you whether a court will find being able to ever work for a past client your employer has ever done business with is overly broad.

However, Kentucky's Supreme Court held last year that companies must show an employee received something beyond continued employment in exchange for signing the agreement. Charles T. Creech, Inc. v. Brown, 433 S.W.3d 345 (Ky. 2014). Aside from keeping your job, did you get anything else for signing such as higher pay or specialized training?

Assuming your agreement is found to be valid, are there any potential clients/agencies/governments that do not work with or ever have worked with your employer?

TL;TR: consult a local employment attorney


Title: Police planted drugs on me. help. NSW AUST

Question:
On Saturday afternoon I was attending a music festival in Jindabyne, NSW. I caught a charted bus to the event, as a part of my ticket. We arrived, I exited the bus quickly to use a toilet, regrouped with some friends for about 2 minutes, outside the festival entrance, before I decided to get my beanie off of the bus. I run back onto the bus, grab my beanie, and theres 2 police officers going through the seats on the bus. They start asking me questions like if I'm on anything or I know anyone who is, I tell them no, but I have been drinking. They ask me to return to their drug van with them, I oblige, on the way they ask me to empty my pockets, so I hand them my wallet, phone, and festival tickets. The officer who has my stuff splits off, and the other officer walks me to the van, I'm told to sit and wait. They return minutes later my with wallet, and a bag of acid, which they claim they got out of my wallet. When asked if it was mine, I told them I had never seen it in my life and i refused to answer any more questions. They then weighed the drugs, including the bag they were in, at .45 grams, and made me agree to the weight displayed on the scale. They then promptly wrote up a court attendance notice and told me to leave or I would be arrested. I immediately left.

I do have a free consultation with a lawyer set up tomorrow afternoon and I'm surrently calling in some contacts for a barrister, but i hoped some redditors might be able to give me some advice.

Answer:
 1.  Don't talk to anyone except your lawyer.

2.  Insist on fingerprint checking the baggie.

3.  If you actually don't take acid, then also insist on a drug test.

Hopefully your lawyer can get you out of this.  But it's going to be a tough one, because generally people are more likely to believe a cop than a drunk kid attending a music festival.


Title: My flight itinerary changed adding a stop and over 4 hours of extra travel time. I asked for some sort of compensation and they said no

Question: Hey guys, I’m travelling to Mexico from Toronto this Tueday. I got an email today from RedLabelVacations.com (redta.ca is what we booked through) informing me that the flight was now an hour earlier and that we are making a stop to pick up more passengers as the original direct flight didn’t fill up. I called and asked for some sort of compensation as we were losing over 4 hours of time and now on a connecting flight instead of a direct flight which is cheaper when booking. They informed me that in the terms and conditions they state they are allowed to change the itinerary and that no compensation is required on their part. I’m absolutely baffled and can’t believe they can do that without any repercussions. The airline is sunwing and after a little research I found they are bad for switching itineraries and giving no compensation. Is there anything I can do? Or just accept the fact it’s only 4 hours and not worse.. This is happening in Toronto, Ontario

Answer: If you agreed to the terms and conditions your pretty much screwed.


Title: When attorneys are suing someone, is it common to hold back some charges, so that if the defendant is found innocent (and unable to be charged with the same crime twice), they can still be charged with something else?

Question: I had watched Law and Order, and a man was charged with sexual assault, but he was found not guilty. Later, more evidence turned up, they could not charge him with sexual assault a second time, but rather charged him with abduction this time.

Answer:
 Really, don't try to learn anything about law or criminal procedure from TV.

First, attorneys don't "sue someone" when they are charged with a crime.  The state prosecutes them.  And no, prosecutors cannot "hold back" charges to use later based on the same set of facts -- that's not allowed.Answer #2: From your description, of the episode, it sounds like after the defendant was found not guilty of the initial sexual assault charge, so that when later Really Good Evidence was discovered that proved he was super guilty, double jeopardy meant he couldn't be tried for sexual assault again.  So the prosecutors had to find charges that this new evidence supported that wasn't available during the original trial.

The prosecutor can't 'hold back' on charges to use later, and it wouldn't make sense anyway. They'd want to present their strongest possible case with everything they had available, so what would be the point of keeping some additional charges in reserve? If somebody robbed a store at gunpoint, stole a car, and then raped the passenger after shooting the driver, the prosecutor would be charging them with armed robbery, auto theft, murder, and sexual assault.Answer #3: In US, all crimes in same transaction have to be charged at same time- sex assault and kidnapping can go either way, but often different transaction/ not close enough temporally so they could conceivably be charged separate, but double jeopardy arguments. for different sovereigns, like fed vs state, they have to have different elements for blockburger test or also double jeopardy. similar rule for civil, but called estoppel and res judicata and work a bit differently but very similar. other countries don't have double jeopardy though, not sure on civil.


Title: Transport of medical marijuana across state lines [TN/KY]

Question: A bunch of us are renting a car and driving to KY and TN to see the eclipse.  A friend wants to bring medical marijuana (mostly edibles, she has a card).  I know this is illegal, but I want to know any liability I would have if I'm in the car and hotel with them.

Answer: MJ is still illegal federally. It is also illegal to transport MJ across state lines. This is a bad idea. for all concerned. Depending on how much MJ is found (if pulled over and searched) and where it is, everyone in the car could be charged.


Title: Can doctors tell the police if weed was in my system during a car crash? Maryland

Question: Hi, so yesterday was a shitty day. I smoked some pot in the morning and was driving to a friend's house later that night (~10 hours after I smoked the pot) and I started to feel really dizzy, and this increased until I passed out behind the wheel. Luckily, I hit a parked car and nobody was injured. Damage wasn't bad at all to my car, but it was to the parked one. But here's what I'm wondering: I went to the ER after it to get checked out, they ran a lot of tests including blood work which showed weed in my system. I told the doctor I smoke pot occasionally and did so that morning, and he said my pupils were dilated and my pulse was really high when I came in. So, he told me that blood tests showed I had weed in my system and since I had smoked that morning it was likely laced with K2 or something that my body didn't like. My worry is this: can he tell the police this? (or will he?) Will I get in any legal trouble from this? Also, can they prove I was driving under the influence just because I tested positive for weed and my eyes were dilated/pulse was high? (I legitimately was completely sober when I was driving, but since I tested positive I'm worried that I could be held for that). Appreciate any answers.  **EDIT: I forgot to include there was an officer at the scene that said he wasn't citing me for anything, since I was just starting a medication at the time and that could have caused it (since side effects are dizziness). So, can they get a warrant if I'm not being charged/cited with anything?

Answer: We (at my department) would likely get a subpoena for your medical records as part of our accident investigation.  That information along with any blood test results would be in there.


Title: Didn't get the degree I paid for?

Question: I used up my GI bill to get a degree in interdisciplinary studies. This was supposed to be a concentration of criminal justice and legal studies disciplines. What I got was a mix between legal studies and general studies courses. I'm finding out near the end and I can't do anything about it because I'm running out of the GI bill and my school is expensive.  Is there anything I can do? I don't want to get rich or anything. I just want to get the degree I want.

Answer: What do you mean that you are just now finding this out? What you are describing sounds to me like a subjective characterization of the degree. Before you began you should have been able to see the particular requirements and classes involved in that degree. Are you saying that they did not follow what was promised? Or that you are simply not learning the things you hoped to learn?


Title: [NYC] My landlord gave my room mate my security deposit, and now he won't give it to me.

Question:
I rented a room in a 3 bedroom in NYC from October to January. I gave a months security deposit up front.

I told both room mates I would be moving out 1 month in advance, which they said was fine provided I found someone to replace me. I did find someone to replace me, but they backed out at the last minute, and I did not have anyone to replace me in the room.

Approximately two weeks after moving, I called my landlord to get my security deposit back. My landlord told me he had given it in the form of a check to my room mate for him to give to me. I told him I never allowed him to do that, and asked him why he did so. He told me my room mate said it was fine, and that he knew him well and trusted him (I think this is what he said. My landlord is a 90 year old Chinese immigrant who can barely speak English and only operates over the phone).

I have asked my room mate for the check via email and phone (I don't know where to send a letter because I do not believe he lives in the apartment anymore). I got one response via email stating: "A lawyer will be looking over our lease to see if you even qualify to receive your security deposit back." This is on the grounds that I did not find someone to replace my spot in the room.

I never signed a lease. I would not be surprised if they put my name on the lease anyway, and the landlord accepted it. Nothing about my time living there seemed legal or proper (Place was almost falling apart, tons of electrical code violations like wires hanging out of walls). I'm not really sure where to go from here and any advice would be appreciated. I'm fairly positive it is illegal for my room mate and/or landlord to do something like this, but so little of it is in writing or was done correctly that I do not have high hopes for getting this money back.

Answer:
 > I never signed a lease.

Then you don't really have privity with the landlord under that lease. Assuming there was a lease and the security deposit is to be paid back to the tenants, the lease will dictate who receives the security deposit.

-

If you didn't sign said lease agreement OR you're not on the lease, you're not entitled to any security deposit in the lease. The LL is free to pay the security deposit to the parties on the lease agreement.

-

You would need to sue your roommates in small claims court but you're also liable for the last month of rent. If the portion of the security deposit is equal to your portion of the rent due, consider this a set-off and move on.

-

In the future, you need to CYA in this situation considering you're not on the lease and you're moving out early. Also, you owe money to your roommates anyway so I don't understand what are your actual damages.


Title: [Washington state] TL;DR version: had job for 7 months, before start of 8th month - told don't come in until we need more customer service/other help, have since been told still don't come in yet, yet I'm not actually 'let go' or anything, is this legal?

Question:
Long version here:

1) (end of July 2014) Started a job doing customer service and inventory management at a small startup company across the street from my neighborhood in an industrial area.

2) 2nd to last week of last December I got really sick and near the end of the last week of December - I email and say I am finally getting better and will start in the new year and they responded with basically, 'don't come in until we contact you in Feb.'

3) I was shocked/scared/angry and asked politely if they are letting me go or what's the deal and they just said 'they don't foresee needing customer support/inventory management right now' (2 other guys do a little of those jobs separately).

4) So come beginning of Feb - I emailed again and inquired as to the status of my employment, etc...was told the same thing as before - 'don't foresee needing customer support/inventory management right now"

5) However, during this time they never said anything about firing me, 'letting me go', etc, etc. I've heard stories about companies getting put on extended break and then firing them later for 'missing significant amount of time at work and not performing their job duties, etc'. I'm worried this might happen to me.

6) Is this legal? Anything I can do (other than look for new jobs which I have been doing for a while now)?

Hopefully this makes sense and let me know if further clarification is needed. Thanks!

Answer:
 You should file filed for unemployment as soon as you were told not to come in. You will not be eligible for benefits back to December, only from when you file. File right now, and look for a new job.

> Is this legal

Because there is no law which says it's not


Title: I have Ambian I am no longer prescribed, what do I do with it? (Texas)

Question:
I have about 6 pills of ambian left and I just got finished reducing off of it. Not going to lie to y’all, I was not taking it as prescribed and just want these pills out of my life.

It’s 1:30am so I can’t call the doctor and google is giving me conflicting information.

I want it out of my life and to be done with this chapter.

Can I just... flush it?

Answer: Pharmacist here if you do not want to drop it off at a pharmacy you can crush it and mix it with coffee grinds and throw it in the trash.Answer #2: In NY we have prescription drop offs around cities, maybe see if there’s something like that near you?


Title: Lose Teaching license if I stop paying private student loan? iowa/florida

Question: I owe the federal government $20,000. I owe a private lender another $30,000. I have been paying for over 10 years. One loan was $40,000 and I have paid $58,000 and I still owe $30,000 on that loan. I was born in Nebraska. Moved to Iowa at age 10. Went to University in Iowa. I am registered to vote in Iowa and it is my current residence. My teaching license is issued from Florida. I want to know the repercussions of NOT paying my private loans anymore. What are the repercussions of not paying my federal loan? I am currently teaching in China but I still must not lose my teaching license. What are my options?

Answer:
 Stopping the payments on your loan will hurt your credit significantly. I've never known someone to lose their teaching license because of credit problems, but some states have laws allowing the suspension of your *driver's* license due to student loan default. Since you're not in the U.S., I doubt that would affect you.

From a financial standpoint, I would encourage you to explore refinancing or consolidating your loans. There are some good opportunities out there, and it's possible you could negotiate yourself a much lower interest rate.Answer #2: IANAL. As a teacher, you may qualify for student loan forgiveness. Here's a link to some basic information about 4 student loan forgiveness options, some of which are specifically for teachers.

https://blog.ed.gov/2017/01/4-loan-forgiveness-programs-for-teachers/


Title: Bar owner used DCMA takedown to remove video I posted of him harassing my sister [Delaware]

Question:
My sister and I went to a bar with some friends.  It was a hole-in-the-wall place and the owner was behind the bar.  He seemed to have an attitude about our being there, right from the start.  At first we thought maybe he was just used to his "regulars" and didn't recognize us, even though we'd been there once before.

As the night went on, it became more clear he wasn't happy about us being there.  My sister went up to the bar and asked for a particular drink, and he laughed at her and said he wouldn't make it.  She asked why, and he said because our group had been causing him trouble all night.  She asked what kind of trouble, and he said he was just fed up with us.

At this point, I pulled out my phone and started recording.

He then proceeded to go on a racist tirade, calling my sister uneducated, ignorant, and some other words I won't repeat.  My sister remained restrained the whole time, and did not fire back with any insults, but he was unhinged.  He said he was kicking us out and we'd better not come back.

We were more than happy at that point to leave and take our business elsewhere.

The next day, I uploaded the video to my blog and told people they should not patronize the bar.  I shared the post with friends, and the video started making the rounds.

Not long after, I got an email from my web host saying they had received a DMCA takedown notice related to the video, and had removed the content.

The notice says that the person who issued the DMCA takedown is claiming my video reproduces his music without his permission.  It turns out that the musician is the brother of the bar owner, who was playing live music the night we were there.  You can _just barely_ hear his music as part of the recording.

I posted the video to show people what a racist jerk the bar owner is.  Can his brother really prevent me from sharing the video because his music was in the background at the time the bar owner went off on his rant against my sister?

Answer:
 If you feel that the video was removed in error and the DMCA take-down notice was inappropriate, you can issue a DMCA counter-notice.

[https://www.dmca.com/faq/What-is-a-DMCA-Counter-Notice](https://www.dmca.com/faq/What-is-a-DMCA-Counter-Notice)


Title: Applying asylum in the US because of mandatory military service

Question: I am a turkish citizen trying not to do my mandatory military service. Can I apply for asylum in the US or anywhere else?

Answer: Considering that the US has mandatory military service, in theory if not in current practice, and has actually had it in the past, I doubt they would give asylum because another country required it.


Title: I think, Samsung, Apple and Coin are infringing on my patent. What do I do?

Question:
Back in 2010 I filled a patent for Canada and the US which covers a range of processes and actions for nfc, scanning and rewards systems.  It seems all 3 companies, Apple, Samsung, and Coin, are violating at least 2 of my patents 8 total claims.

I don't know what to do at this point. My product itself is not even to market, Ive only really started coding it recently so I dont even have a physical application to demonstrate the infringement, it is purely at the legal paperwork level where I can show any conflicts.

Answer: Talk to a patent lawyer to see if you have a case.


Title: Hit a Illegally parked car

Question:
Hello!
My dad hit an illegally parked car while backing out the driveway.  My dad doesn’t want to go through the trouble of suing, but my mom is mad because the lady parked her car illegally (in the fire lane). My parents vaguely remember something about the insurance thing saying that if you hit an unmoving object then it’s your fault, but I’m thinking if they don’t define an unmoving object (ie: they don’t say illegally parked cars are included) then we can sue maybe? I’m not sure, asking for some advice.

More information: the engine may have been on, woman was in the car.
Topic:
Traffic and Parking

Answer:
 Your Dad hit a stationary object. That's his fault.

>but I’m thinking if they don’t define an unmoving object (ie: they don’t say illegally parked cars are included)

Think about that for a second. Would you expect that something would be excluded unless it were included? That would require listing literally every known object in the universe.


Title: 420 destroyed my front door

Question:
I live in Southern California and I’m almost certain that my stoner neighbor set off my smoke detector when I was not home. The fire department  knocked down my locked front door and determined that there was no fire inside of my house.
The reason I believe it was my stoner neighbor is because the second-floor bedroom always smells like marijuana, and the window to that room was open during the incident. When I returned home, the batteries out of the smoke detector in that room had been removed.
Do I have any rights To stop my neighbor from smoking on his patio if my bedroom smells like weed all the time And his act of smoking has damaged my house. What can I do legally to stop him from this. Thank you!!

Answer:
 In property law, you have something called nuisance law, this means your neighbors cannot infringe on the rights you have to the enjoyment of your property, and your lease or city may give you an outlet to legally stop your neighbor and protect you from secondhand smoke.

That being said, I would suggest just talking to your neighbor. Have you tried letting them know that they are making one of your rooms smell like marijuana? Also mention what happened with the fire department. It’s possible they have no idea you have a problem with why they’re doing.

If they won’t stop, then I would look up city ordinances on secondhand smoke, marijuana, marijuana in an HOA, etc. [here is a link where you can learn more about smoking and nuisance law.](https://www.nolo.com/legal-encyclopedia/dealing-secondhand-smoke-california-home.html) Answer #2: Likely your battery was almost dead in your smoke alarm which made it go off as an alert for you to change batteries, or your alarm is defective. I can’t possibly see a person smoking pot outside causing enough smoke to come in through a window causing your alarm to go off, and especially not for a long enough period of time for the fire department to come and it still be on.


Title: New employer lowered hourly rate 3 weeks after accepting position??

Question:
This happened to a new employee that works for me at a large retail grocery store in Illinois. USA

We are at will employees. I am the salaried middle store level manager (non Union). He is non exempt hourly also non Union. He was offered a competitive hourly rate based upon his bachelor's degree and accepted the job offer (nothing in writing unfortunately). He was trained for two weeks and began his first week of full employment at that agreed upon hourly rate.

He received a phone call from our District manager saying that his hourly rate should be .70 cents less than what he'd already been making for the past 3 weeks.

I've been doing this for 20 years. As at will employees we understand exactly what that means but this is the first time I've ever seen money taken away from someone for no cause. Especially after so long.

Beside being dubious and downright dishonest. Are they breaking any labor laws?

Answer:
 As far as I'm aware, it's legal (if unethical). Employers are free to reduce/increase wages at their leisure for hourly employees unless otherwise specified in any paperwork they signed. Obviously, the amount can't go under minimum wage.

However, what they can't do is take the money back (i.e, backdate).Answer #2: IANAL but my understanding is that they can lower the wage going forward if they notify the employee, but they can not retroactively lower the pay rate.


Title: Are steroids normally tested for on felony probation

Question: [deleted]

Answer: "I know I hit someone, but I really want to take a substance that makes me stronger and more aggressive while on probation."


Title: I don’t have much in assets as of now but my career is about to take off. That being said I’m getting married in 3 months. I lover her and trust her but I still believe a prenup should be made. Bet advice to do one on a budget in Florida?

Answer: There isn't a budget way to do it. You talk to an attorney. They write it up. She talks to a different attorney and decides if they find it fair. Answer #2: I have always thought that a prenup was a way for you to protect assets that you acquired BEFORE entering into marriage, not a way for you to protect wages that you hope to receive from your high paying career AFTER you enter into marriage.  You should talk with an attorney to see if you can even protect what you hope to protect with a prenup.  If not, then you might want to consider marriage counseling before entering into marriage.


Title: Letter from the USPIS (United States Postal Inspection Service)

Question:
Hi - I received the following letter from the United States Postal Inspection Service.
subject:  Detention of Priority Mail
The purpose of this letter is to advise you that a Priority mail piece addressed to you is currently being withheld from delivery as there are reasonable grounds to believe the contents are non-mailable and possibly in violation of Federal law specifically the Controlled Substances Act.  Or attempt to contact the sender to obtain additional information have been unsuccessful thus far.
The above described mail piece is currently being held at my office.  If you want to claim the mail piece, please contact me
If we do not hear from you or the the sender within thirty ddavs of your receipt of the letter, the letter will be deemed to be abandoned, and it will be disposed of in accordance  with US Postal Service policy.

basically, do you think I should seek legal advice?
Thanks,
MM

Answer:
 If you ordered something illegal, your best bet at this point is to stay quiet about it and don't order anything illegal again. You probably don't need to seek legal advice until you're contacted by law enforcement.Answer #2: Former mailman here.

If you ordered something illegal, get a lawyer.

If you did not, dont go get it.

UNLESS, you were expecting some kind of medical or scientific supplies. Answer #3: ~~Do you know what is inside of the package?  Is it illegal?~~

Edit: On second thought, don't answer this.  Thanks /u/expatinpa

If there was something illegal in the package, don't claim it and ignore it.  If the police/USPIS contact you, politely decline to talk to them.

If anything more comes of this, it's time to think about an attorney.Answer #4: > basically, do you think I should seek legal advice?

Do you want the package?

If so, get a lawyer.

If not, do nothing.  Answer #5: Something like this recently happened to a client. They were mailed a package from Mexico that they did not order, with a correct address but misspelled name.
The package was held at the post office. They went and requested USPIS be there when they opened the package. It was a triple wrapped bundle of at least 5 lbs of weed.
The package was seized, client signed some paperwork stating they knew nothing of this, and that was it.

Turns out that a gang had been sending weed to addresses where they knew packages were left with no surveillance. If it got left they would take the package.
Within two weeks, and a sting operation, USPIS arrested at least 8 people responsible for it.


Title: Ultimatum given by employer for having a mental illness, is this allowed?

Question:
As the title states, I was given an ultimatum by my employer today. To give a little background info:
I have been diagnosed with moderate to severe depression and anxiety for 2 years. As of recently, I have noticed my workplace environment has been contributing negatively to my mental health. I confided in my manager, whom I trust, in what I should do in terms of my position. I wanted to stay within my agency and potentially switch to more of a desk job rather than hands on/ on site (I am an after school teacher working with a non profit agency). My manager was understanding of this all and spoke to his boss about a transfer or even being demoted to being a substitute. I was told today by my manager that his boss was giving me 2 options: either to take an unpaid leave of absence or to resign and put in my 2 weeks. He said this was due to the staff to student ratio at our site particularly (even though we have more hires coming to our site soon, which means we will technically be overstaffed).
I was given until the end of the day to make my decision.
I chose to take a week off to decide what to do.
But what the fuck do I do?
Either I have to look for a new job or suck it up until I leave in January for college. Is this even allowed? I know about the ADAAA, but does it apply to non profits? I love my students, I love my team, and I love what we do.. but I am not going to sacrifice my mental health for this. I also find this particularly sketchy because they make accommodations just fine for anyone else (ex. availability, switching classes, etc.) Any advice would be greatly appreciated because I have a week to figure this all out. Thank you guys.
Topic:
Employment Law

Answer:
 They're required to accommodate *reasonable* accommodation. However, not doing a portion of the job in which you were hired is usually not considered reasonable.

In short, you can be terminated if you are unable to perform.


Title: CA - DUI charge without driving or even having the keys on me?

Question:
So I'll do my best to save you guys from a wall full of text and do my best to quickly summarize what happened. I'm currently OR'd, I have a public defender, and this is my first-time offense.

Incident: Me being an idiot, I misused my anxiety medication at a local Chipotle for lunch where I basically blacked out. I can faintly recall some incidents, and I'm really trying to just stick with facts that I can remember.

According to the police report, someone reported me with a 911 call for backing into a pole while entering the parking lot and hitting my head as I exited the vehicle. I can honestly say that the way the layout of the parking lot is, it is almost entirely impossible to back up into a pole and I'm in this parking lot 4 times a week so I know it like the back of my hand. I go inside and eat and after I finished eating I head to my car apparently keyless. Cops approach me in my parked car, asked for driver license and registration, and then asked me if I had been drinking. They told me to step outside and performed a sobriety test on me. I failed.

Cop nicely asks me if I have anyone who he could call and move my car because we were BOTH unable to find my keys in my vehicle. I remember telling him that I had also lost my keys and was unable to find them when he approached my car (I faintly recall looking all over chipotle, never found them because I was highly intoxicated, which was probably a good thing). Anyway, he calls my mom and tells her I'm being arrested for a DUI and also says, "He also can't find his keys, any idea where they could be?" My mom (who confirms this actually did happen), told the cop that I probably had left them inside chipotle somewhere. The cop goes inside and looks, finds my keys somewhere on the ground, and tells my mom that he found them. Then I was booked into county jail after a blood test...

I guess my main questions are: Is this a true DUI and do I have any leg to stand on for a non-guilty plea? Would possible defenses such as: I was too intoxicated to even find my keys, the point of intoxication could have occurred at Chipolte, I wasn't driving and I didn't have the keys in the ignition nor on my personnel, or that this charge at the discretion of the cop should of been a public intoxication sort of charge? I can't afford a dui lawyer sadly so I'm sort of left confused, I'd hate to plea out to something I could potentially fight.

Answer:
 >someone reported me with a 911 call for backing into a pole

You were driving by your own admission and a witness. As well as the damage to your car.


Title: [NY] Brother being charged with 2nd degree harassment

Question:
[deleted]
Topic:
Landlord Tenant Housing

Answer:
 Your brother had no right to touch his landlord. If she was refusing to leave, his recourse was to call the police.Answer #2: Your brother is definitely not right.  The landlord may or may not be right.  But your brother's wrong could lead to a criminal charge while the landlord's (if she was wrong) does not.

If the landlord did in fact provide the notice, it's possible she did nothing wrong at all.  In any case, your brother's resource to remove someone from the house is to call the police, not to physically handle them.


Title: Background check says I was convicted of a crime in 2009. This is the first I've heard of it. (BC, Canada)

Question:
Canadian student in US. Had an RCMP background check done a month ago which was spotless, no charges at all. School ordered an MAF background check and it says i was charged with:

Fear of a Injury/Damage by another person with a disposition of guilty and a sentence of a $1,000 fine and 1 year recognizance after allegation. Count offence date 8/9/09 and disposition date 10/29/09.

Nothing like this ever happened with me. They 100% absolutely confused me with someone else. The only other information I could get from the people at my school was the jurisdiction (Surrey, BC, where I lived)

What can I do? Who should I contact? I assure you there's nothing in my past that could possibly bear this out. The RCMP should have been the first to know and they said I never was charged with anything. I've only ever had 1 traffic ticket in my life. I never had any arguments or altercations with anybody at that time and nobody who would want revenge on me.

I've only ever been in one fight, when I was 12 years old. We shook hands and there was never anything further between us. I think I threatened to kill my brother when I was 8, but that's it as far as threats or intimidation go.

Answer:
 It may be worth looking at court records for that date, to see if there's someone with a similar name they may have confused you with.

In any case. In the US, you can send a letter to a company that runs a background check on you, asking them to validate any particular item. They must either reply to you with proof or remove the item from their records.


Title: Should I warn before suing over 25K investment?

Question:
Hey guys so I made a 25k investment with a former friend for his startup business with the contract details:
- 20% of business INCOME, NOT PROFIT for first 5 years, then 5% after for life

I first made the investment about 5 years ago and he’s doing pretty good now but is ignoring me

One convo we had was that he is operating at a lost but he doesn’t understand the contract was for INCOME specifically this the reason why I went through with it because I was guaranteed some return

He still is paying his mortgage and truck payments and I know he is lying because he thinks I won’t do anything (I was 19 when I made the loan)

Just wondering if it would be an advantage to surprise serve him papers or would letting him know that court papers are on the way be more beneficial?

Where I am from small courts claims is under 35K but would it more be official to hire a lawyer?

Thanks for all the advice guys, I just hate it that I help him out and now he doesn’t even respond except once and blatantly lies. Sad what money does to people

Thanks for all the replies! Much love!

TDlr; loaned 25K for business startup
- being ghosted and lied to about finances
- was wondering if I should warn him about me suing and would obtaining a lawyer be more beneficial

Answer:
 You do realize income can mean at least two things.

There is gross income.  Which is the total amount of money you take in.  Then there is net income, which is gross income minus expenses (which can be a negative number ie a loss).

Did your contract with him specify which type of income?

If your friend signed a contract thinking you meant gross income, he had to be crazy.  Because if he sold 1 million dollars worth of goods, that cost him .9999999 million dollars to make, he would owe you 200k while only making a few dollars profit.


Title: Responded to an ad on Craigslist and it might be a scam

Question:
Hey guys! Not sure if this is the right place to post this but here it goes - I'm apartment hunting right now and responded to an ad about master bedroom available. Anyway, this lady emailed me after 2-3 days and said Master Bedroom I'm making request of is still available for lease and Utilities Included are Heat,Gas,Electricity, Water,Dryer, Washer and web/Cable. Available from now, monthly lease is $600 application charge is an additional $50; take note of that the security deposit will be required. She also told me "A few months back me and my husband both had a serious accident that influenced my Spinal Cord and cerebrum, that prompt to my inability, now I am utilizing wheel seat and its exceptionally hard to talk, however i can in any case convey through any method for composing be it text messages or email. I lost my better half a couple of days after the accident. now I am living with my Mom here in Minnesota."

She informed me that I can not be permitted in on the grounds and that the keys of her apartment is not accessible, I can just drive by or go by to see the outside of the building. I told her my move-in date will be within a week and she responded by saying how she will mail me the keys.
Her second email included:
"Much thanks to you for your reaction back, I should state I truly welcome it. Frankly with you, a ton of individuals are reaching me in regards to my the Master room, however I am not certain of who to acknowledge because of awful past experience I have found out about other individuals who gave out their home for lease, so I am setting aside my opportunity to search for a dependable individual, that can take appropriate care of my home apartment as though it is his or her own, furthermore I have connected the testament of occupancy to tell you that you are dealing with the legitimate proprietor of the apartment home.

My home apartment is a 2bed/2bath, all around outfitted, pet benevolent and a safe road stopping and off road parking spot and you will have admittance to all portion of my home aside from my own room that is locked, I am doing this since I am a decent Christian as should be obvious; additionally the cost is excessively low as all I need is somebody with a decent heart that will help me take great care of my property that is the more reason I put it for lease, I will come time to time to check it until my mother at long last show signs of improvement.

NB: My most worry here is that I will give my keys to you that value to such an extent that is the reason I require your own commitment  and to guarantee me that you will take great care of my home apartment as though it's your own and the best approach to send my apartment keys to you will be through a dispatch service and will be done from the application form charge ($50), that is if truly you need to lease from me, I had an accident which influenced my listening ability and my legs, I am as of now in a wheelchair, I can talk somewhat minimal through telephone yet you can get in touch with me on here or my telephone number by means of text messaging. So if you still intrigued get in touch with me to get the application form. Ones again I truly value your mail would like to read from you soon with the goal that we can continue."

She attached a copy of her certificate of occupancy unprompted and I have never seen one but it looks a little photoshoped. I googled her husband's name thinking if he died in an accident there might be some news about it. Anyway it's the same name as a serial child murderer convicted few years back - however, it can be a totally different person. Also wouldn't she and husband choose to stay in master bedroom rather than spare one? Sorry if this post got too long but does this look like a scam or am I just being paranoid and doubting an old disabled lady?

Answer:
 Woah, the serial child murderer twist!!

This definitely sounds like a scam. Run away and do not send them any rent or deposit money!

(BTW, I find that big red flags for scams in Craigslist housing ads are: the landlord being “out of town” in some fashion, a long personal story, references to being a Christian, etc. This has all of those. A legitimate Craigslist response email will be short just say something like “Yeah the unit is still available, when can you meet for a tour, here are my available times” or whatever)Answer #2: After first paragraph I skipped everything else. It's a scam.


Title: In the event of an accident, how much power does law enforcement have over reviewing dash cam footage?

Question:
Not sure where to post this, but I want to buy a dash cam in the event someone does a hit and run (which has happened before) for insurance purposes. Only problem is that I do street racing every now and then (on an empty road in the dead of night of course).

My question would have to be if I had to turn in dash cam footage to the police in the event of an accident, is it legal for them to check times before the accident had even occurred? Thanks

Answer:
 >My question would have to be if I had to turn in dash cam footage to the  police in the event of an accident, is it legal for them to check times  before the accident had even occurred?

If your footage is subpoenaed or you turn the footage over willingly, then generally, anything on that video footage can be used against you.Answer #2: How about just stop illegally street racing? Then you don't have to worry about it.Answer #3: Are you aware that your insurance company will drop you if they're aware of your street racing? Answer #4: Can’t you turn off and on dash cams? Maybe power off when street racing.


Title: What is technically considered as a deportation (old double-layover in Schengen area)?

Question: [deleted]

Answer:
 For visa purposes, you need to really think of the entire Schengen Zone as one big country with each 'state' able to issue Schengen visas for the whole zone.

No, it doesn't count as being deported since you were never admitted to the zone.  You can add a little note with future applications that you were unaware you didn't need a visa before and were turned back at the border while on a layover (generally the more detailed the story the better) but it likely won't affect your application (just explain the stamp).

The stamp should say something like 'denied entry', correct?


Title: Can a bank shred my license that was found in their parking lot after I haven't claimed it for 7 days, and also without notifying me?

Question:
I lost my driver's license and someone found it in the parking lot at my bank, and turned it in.

I was out of town when someone had finally found it. My bank called my S.O. (we have a joint acct.) and notified him that they had my driver's license. My S.O. called me and let me know that it had been found.

I figured, okay, no big deal, I will get it when I return.

Today I go to pick it up (9 days or so after their phone call) and they tell me that they have shredded it. I asked if that was the branch's policy or the law? She didn't really answer me directly, though. She just responded with " we shred it after 7 days of you not claiming it."

My S.O. claims that the bank never told him that they would shred it after 7 days.

So, I guess that I have two questions:
1. Is there a law that requires businesses to shred personal items after 7 days of that person not claiming it?
2. Does anyone know if they are allowed to shred a driver's license without notifying neither party of their policy/the law? Thanks for the responses in advance. I have not been able to find any useful information on the topic yet.

Answer:
 Did you phone the bank to notify them you were out of town and would be picking it up later?

There's no legal requirement for them to shred it, but there also is no requirement for them to keep it.  There's no requirement for them to notify you either.

They were nice, they notified you to come pick it up, possibly they did not hear from you, and no one picked it up after several days.   It's not a storage unit: they have no responsibility to keep your property safe indefinitely.  They disposed of it properly.


Title: [CA] Client wants me to use celebrity images in marketing materials without their permission

Question:
Hi /r/legaladvice. Long time listener, first time caller. This is a throwaway account and I've changed some unimportant identifying details. TL;DR below.

I am the CEO of a small but successful marketing agency. Our team has impressive backgrounds working at some of the biggest agencies, and we pride ourself on being extremely professional since we want to attract high-end clients.

We have a client who is insisting on using celebrity images without their approval on their marketing materials (online only - emails, blog posts, and social media). They are a startup fashion brand for men and want to post pictures of celebrities saying things like "celebrating his classic style" or "here's how to recreate this star's look using our clothing line".

My understanding is that this is a implied endorsement, and it is illegal since our platforms (website, email mailing list, Facebook, etc.) clearly exist for commercial purposes.

Additionally, I don't believe we can get a legal copyright for the celebrity images without paying heavily, which the client doesn't want to do. There are several image services where you can get red carpet images and such for free, but the terms are very clear that they are for editorial use only, not commercial use.

I have explained all this to our client and stated that we strongly recommend against this strategy as it opens up the brand to potential lawsuits.

However, to complicate matters, the client is himself a lawyer and this brand is his pet project. He's not just *any* lawyer - he is a partner at one of the most prestigious firms in Los Angeles, is politically active, has enough money to pour millions in a passion project on the side, and is very used to getting his way.

His position is that since we are not explicitly stating that the celebrities use or endorse our products, but are instead talking about them in a more editorial way, that we are in the clear. He also believes that the worst that will happen is a cease and desist letter, and points out that several of his competitors use celebrity images so it's unlikely anyone will complain.

To be honest, he's probably right, as right now the brands' following is small and doesn't attract a lot of attention. However, my company's job is to *get* them lots of attention, so this could change in the future.

So my questions are:

* Who is right? Am I correct in believing this is illegal? I'm fairly certain I am but I am a person with a non-legal background arguing with a lawyer.

* If my firm goes along with this, could we also be sued if a celebrity complains? Would we suffer any of the (admittedly unlikely) fallout?

We've worked hard to build a reputation as a quality firm and I am very hesitant to engage in a practice that is widely understood in our industry to be illegal. An experienced CMO could very well turn down working with us if they see this type of thing in our work. But we are small, and frankly this project is profitable, so I'm trying not to rock the boat too much with my bulldog of a client.

Any advice? Thanks in advance.

**TL;DR:** I run a marketing agency. Client wants me to use celebrity images to promote his brand without their permission. Client is a lawyer and tells me it's fine, but I'm pretty sure it's not. What do.

---------

**EDIT:** In case it's relevant, my contract has an indemnification clause that reads:

> INDEMNIFICATION. The Client hereby releases and agrees that it shall defend, indemnify, save and hold harmless [AGENCY] and its officers, employees, representatives, agents, sister companies, subcontractors, successors and assigns from any and all claims, demands, liabilities, suits, actions, losses, and all costs and expenses, including reasonable attorney's fees which may result from, relate to or arise out of the completion of the Client's project or any other services or activities under this Contract.

> The Client specifically agrees to defend, indemnify and hold harmless [AGENCY]  as outlined above, against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with the Client's project. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
The indemnities set forth in this Contract shall survive the termination of this Contract.

Does this change anything?

Answer:
 I really am doubting this, as most lawyers in CA are familiar with CA's use of likeness rules (it is a subject covered on the bar exam), but perhaps your client just simply forgot.

Your client is right that you're most likely to get a C&D before a lawsuit, but it's not a certainty.  Regardless, let's all be clear, the law is pretty dang unambiguous on this point.  Really, it's right here in the statute:  http://codes.findlaw.com/ca/civil-code/civ-sect-3344.html

You're in a weird spot because your client is a lawyer so may try to speak to you in a position of authority on this point.  I would point out the statutory damages provision (which includes profits of the lawyer's company) to see if this gets his attention.

On the vicarious liability question, it's been a while since I looked at this, but I believe that you'd actually have to aid and abet to be found liable--in other words, take affirmative steps to knowingly assist in the violation.  If there are more knowledgeable CA attorneys on this point, I defer.


Title: My friend shares an apartment with a alcoholic roommate. They are both on the lease, and the roommate has threatened to tow her car if she doesn’t leave. Now the roommates mother is threatening to move the roommate out. My friend wants to know what her roommate could do in legal terms.

Answer: Without getting any further details, nothing. The lease is a contract between the tenants and the landlord. One roommate can not kick another off the lease.


Title: [MN] Am I really supposed to pay this much for a cocaine possession charge?

Question:
Went in to make my first payment today for my possession charge. I remembered it being $750 charge and 60 days in jail for 7 grams of cocaine in Minnesota. I go to pay and they say I actually owed $7,500 and will be on probation for 5 years after my lawyer and PO kept telling me 1-2 years.

Does any of this sound fair? $7,500 is bullshit for 7 grams of cocaine. I remember them saying I had to pay 10% there is no way I can be on probation for 4 more years and owe $7K still

Answer:
 According to here: http://statelaws.findlaw.com/minnesota-law/minnesota-cocaine-laws.html

For 6-25 grams you could face up to 25 years and/or up to $500,000. I'd say you did wellAnswer #2: 10% is likely for your bail.

Probation costs money. Plus court fines.

But you should probably call the courts and ask what the sentencing was. It sounds like you dont know exactly what you were told. Answer #3: Unfortunately this is what happens when you get caught with hard drugs. This isn't some cop finding 1/4 ounce of weed in a baggie or a bong on you.


Title: Budget cuts lead to commission not being paid out. Is this legal ?

Question:
Using a throw away as a lot of us reddit here.

I work in a call center in Florida doing tech support. We are paid on two sets of commission one is called paid for paid for performance (PFP) a temporary increase in pay that is based on the average customer satisfaction (TNPS) for the past three months and then we also get a pay out at the end of each month for that months TNPS. The company we work for has not been doing so great recently and they are starting to cut from our department. They have decided to cut the PFP boost completely starting next year and cut our monthly bonuses in half.

Now the issue here is we have just been told of this change and the next months bonus and PFP has already been earned but at the last moment they are saying they will not be paying it out.

I understand that budget cuts happen but I feel that I was lead to do work for a pay that I was promised then last minute the company changed its mind. I would think there would be something protecting this money. Do I have a leg to stand on?

TLDR: Company changed commission plan after work was done.

Answer:
 The other posters are wrong here.  In Florida commissions are considered to be a part of wages, and any commissions earned must be paid out.  Now they can change the plan moving forward with no issue at all, but the commissions you've already earned are part of your wages.

[Here](https://www.melbournelegalteam.com/questions/former-employer-refused-pay-commissions-can-recover/) is a Florida lawyer speaking about this.  [Here](http://www.justanswer.com/employment-law/7dv0b-law-florida-regarding-unpaid-outstanding-commissions.html) is another.

Commissions are not bonuses, they are earned wages.

Now, with that said, /u/swalsh411 is right, in that if you go down this road don't expect to keep your job.


Title: Alberta - My ex is ignoring the interim parenting order.

Question:
There was an incident a few weeks ago. My ex was severely intoxicated, called the school to say our son wouldn't be coming in, she was so wasted they called the cops to go check on him and she went on to assault two cops and a child services worker. I applied for a parenting order with the help of the cs caseworker. The judge ordered that our son live at the maternal Grandma's during the week, mom can visit him then but must be supervised at all times by Grandma. I get him weekends. Mom still has primary care.

Here's the problem I have now: mom and grandma decided they don't have abide by the order and now our son is living with his mom during the week. He's not happy about it, nothing has changed, I'm worried sick. Wtf do I do?

Answer: Go back to the judge/court, tell them the order is being ignored ask them to hold the parent ignoring it in contempt of court.


Title: [FL] Passed all graduation requirements but director/owner withholding diplomas

Question:
Location: Florida. Posting on behalf of the student:

The Practical Nurse students were required to take standardized testing online and earn 72% or greater, on top of their other graduation requirements (passing classes, attending clinicals, etc.). This student completed all requirements including getting greater than 72% on the standardized test. The program director (who also owns the school) wanted the students to come in and take a proctored version of the exam as well. While she earned greater than 72%, the director decided that wasn't good enough anymore and wanted her to earn a 77%. He is now refusing to release the diplomas of her and her classmates (so they cannot sit for boards) and won't allow her to take the proctored exam again.

I know there was a very similar case recently at Duquense University in Pennsylvania. Does this student have any recourse? If she does, what kind of lawyer would she look for? Thanks!

Answer:
 She needs to contact the dean of the school and ask why she isn't being allowed to graduate.

I don't know of any legal options that could be taken here, if any, but that should be her first step.


Title: jury duty

Question:
This is the first time I will be attending jury duty. I'm in Houston.
 I couldn't go the other times due to being a full time student.  I have been working night 12 hour shifts as a nurse at a hospital.  My jury duty will be in the morning at 8am, and then I would have to get to work at 7pm.  However, I will have to get up at 6 pm to get ready as my workplace is about 30 minutes from my place.  I called the jury duty place and they told me my employer must accommodate my jury duty day.  So I talked to my employer they told me to give them a copy of the jury duty paper which I did.  However, they told me to also give them a copy of the time that I will be getting out of jury duty.  I understand that if I get out at 10 or so I could drive home get some sleep and go to work.  What if I get out of jury duty at 12 noon or 1 pm?  The court is in downtown so it would be about 40 minutes from my place without traffic.  I would be home around 1 or 2 pm and only get about 4 hours of sleep before I work.  I don't feel safe not getting enough rest and taking care of my patients.

Answer: They can't require you to work during the time that you are attending jury duty. I don't THINK they can require you to teleport to work the instant your jury duty completes, but must allow for a reasonable amount of travel time. However, they CAN require you to work when you are not well-rested and not able to safely handle patients. In fact, many doctors and nurses frequently complain about this - if it is not a regular problem for you then consider yourself luck. I would suggest raising THAT question with a union or professional organization.


Title: I'm fairly certain I just got scammed on CL

Question:
I was looking for a house to stay at this weekend when I happened upon this ad on Craigslist: http://santabarbara.craigslist.org/vac/4834798141.html
I emailed the "renter" and after a few text/email exchanges she sent me a rental agreement along with her name and bank info (Bank of America) so I could send her my deposit. Without thinking twice, I sent back the signed/completed agreement along with a $620 deposit to her bank (stupid, stupid thing to do, I know)

The more time that goes by without a response from her, the more I'm realizing I just got scammed. I don't know what to do at this point, even more than being out $600 and feeling sick to my stomach, I still don't have housing (or funds) to house a Frisbee team this coming weekend.

Can somebody please give me advice on what to do at this point?

Edit: confirmed, my money's gone. After spending a hard 20 minutes outside of the bank crying, it dawned on me that even though my day is shitty, I can't imagine the series of shitty days that drive people to be as shady as this fellow. I filed a report and I'm still bummed, but forgiving this bitch in my mind definitely made me feel better.

Thank you for your responses! And pllllease learn my lesson (not that any of you are *this dumb)

Answer:
 This could be a very expensive learning experience.

If you sent a check, try and cancel it with your bank(call them anyways and talk to the fraud department to see of options, should be 24/7 hotline).  If you used cash you are SOL.

Report the name and bank account to the police.

You can reverse google search the images and see that it comes up with multiple listings, in different currency, for different amounts.

Also $160/3br is never ever going to be real in California.


Title: Ex-wife forwarded my mail to her and her new husband's house. They are withholding my bills that I need to pay. What are my options? (Ga, USA)

Question: Title pretty much says it all. I allowed my ex-wife to live in my house with the kids until she got married and moved out. During this time, I rented my own place. When she did move out, she forwarded all mail from the previous address (my house) to her new house. She has withheld several items, such as water bills, from me and I have had to make late payments on them once she makes the kids deliver them to me weeks later. Do I have any options? Any help is appreciated, thank you.

Answer:
 Call your providers and ask what you owe or have your mail forwarded to your current address. You can also set up autopsy.

 Edit: I'm not changing itAnswer #2: Contact the postmaster. The ultimate solution will be for them to revoke the family forwarding and instead put individual forwarding orders for each name.

Another possibility would be to put in your own individual forwarding order to a PO Box from both the old home and from the new address.

Edit - From the USPS Change of Address FAQ: *For assistance resolving a dispute, go to your local Post Office™*


Title: Landlady promised us a washer and dryer and listed it on the lease but won't supply them. This is in Alberta, Canada.

Question: We moved in two months ago and our landlady promised us a washer and dryer. She has since changed her mind and doesn't want to buy them and told us to buy our own and take it with us when we leave. I dont like that idea. We have been going to the laundromat to do our laundry at a cost of $25 per week. I asked her to deduct that amount from our rent but she refused. Can I sue? What are my options?

Answer: Did your lease address a washer and dryer, or was this a promise she made in order to encourage you to sign a lease?


Title: One beer and now in trouble

Question:
So I am looking for advice. I am a grad student in the US and I was drinking a beer during a class and I am going in to the student responsibilities review board and not sure how to proceed.

&#x200B;

Definitely not my best decision in the world and I feel horrible about this. Our instructor has said how disappointed she was in us and how she reported it to the university and they will make their decisions. Just a little background. I am in a graduate program that has a class for professional developmental studies that includes managing finances in your career, contracts, taxes and other things. It is not a basic class like statistics or engineering principles or something like that. Also the majority of our classes are at an off campus professional building that is basically a satellite of the main university as well as a professional environment for conferences and other professional meetings not related to the university. The incident happened on a day where we were coming into a "class time" that was moved up into our lunch hour between classes and was a presentation by a financial management company on how to manage our finances. Now this financial company has been known to cater lunches as well as provide social functions that our students are invited to where they serve dinner or appetizers and alcohol. We had a final in the morning and came back for this presentation and someone had brought a 12 pack. I had a beer along with 12 other students and our program staff reported multiple students to the university. We had already had our final in this class the week before and this was an outside vendor giving a presentation in a facility that does serve alcohol for professional functions in the building so it is not as cut and dry as you would think. My main question is that I have not professed blame that I indeed did this. I do not believe they have any evidence beyond the instructor seeing me have the beer in class. Not sure how to proceed for this meeting with the student responsibility board where I assume we will talk about what happened and then they will decide what to do. Do I admit blame and be remorseful but still give them the situation that this was a very grey area? Should I get a lawyer to specifically talk to about this and maybe reschedule it with a lawyer involved? I have heard from a few other people that one instance of alcohol is not an offense that they would kick you out of a college for and you would just get some type of remediation classes or something but I am still worried. I moved my family halfway across the country and took out over 100K in loans so far so I have a lot on the line right now if they do not rule in my favor. Any advice would be greatly appreciated. I feel so ashamed and scared right now that I would dishonor my family and need to make the right decision for their sake as well as my own.

Answer:
 > I do not believe they have any evidence beyond the instructor seeing me have the beer in class.

You say that like it isn't good enough evidence. It is.

> Do I admit blame and be remorseful but still give them the situation that this was a very grey area? Should I get a lawyer to specifically talk to about this and maybe reschedule it with a lawyer involved?

This is not a legal issue. It is a policy issue. You go in, apologize up and down, beg to be forgiven.

Acknowledge that it was absolutely stupid and unprofessional for you to not think about your surroundings before taking a beer and you definitely see why this is such a huge issue.


Title: Sister's Dog bit lawn lady while I was working out of state - now lawn lady is trying to sue me

Question:
Ok, so this happened earlier in the year. I was working out of state and had a few things that needed fixing up around the house. I told my father and sister that I would pay them to make a few repairs and had told my sister that she could stay at my house for a couple months as she was in between jobs. I had also specifically told her that her dogs were not allowed on the property. Well my lawn lady shows up while my sister, against my wishes, has her dogs in my back yard. My sister tells the lawn lady to wait outside the gate and she goes back inside with the intention of cleaning up the dog piles before the lawn gets mowed. The lawn lady enters the gate before given the OK to do so, and one of the dogs with no history of biting, bites the lawn lady on the back of her leg. She goes to the hospital does not ever return. I get told about this ordeal a day or two later as I am working halfway across the country, and of course am not happy that the dogs were there to begin with as it was expressly against my wishes. Fast forward a couple months and I receive this letter:

Our firm represent "lawn lady" regarding claims arising from a premise liability incident which occurred on your property. Specifically, Ms. lawn lady was attached by a dog that belongs to you, a resident reelative, or a guest of your household.

We may be presenting a claim for damages against you. Please notify all insurance carriers that may have liability coverage for you under homeowner's insurance with our contact information. If you do not have insurance, please contact me directly to discuss our client's claim.

I live in Colorado.

So, am I liable in this situation? If so I will make a liability claim on my insurance. If not, I will contact this lawyer and tell him he contacted / is considering suing the wrong party.

Thanks guys, I really appreciate your advice.

Answer: You probably are liable; let your insurance company know.  You or your insurance may have a claim against your sister.  Edit: Even if you are not liable, let your insurance company know.  It is up to them/your policy if you are covered on this.  They will let you know if you are covered or not.


Title: Cat custody battle across state line with ex-girlfriend (CA/IL)

Question:
Hi /r/legaladvice,

I'll try to make this story as short as possible, but some detail is needed, so bear with me.

My girlfriend and I separated about 1.5 years ago. I was living in California, her in Illinois. Then she lost her job. I volunteered to look after her cat, as she was facing a living situation where keeping him would no longer be feasible, while she got back on her feet (She had had him for about a year until that point).

Fast forward 11 months later (and maybe one message about his wellbeing in the meantime). She is now asking for him back. Needless to say him and I have gotten very attached, and the initial relocation was a nightmare for him (really bad). He has since blossomed in his new environment however. I had explained this to her a few months prior, and she seemed ok with having him live with me.

But as is so often the case, she flip-flopped on this point, and is now throwing a wrench into the verbal agreement we had.

I could write an essay about this story, but that would be misplaced in this subreddit. My basic question is this:

Should push come to shove, does she have legal recourse in this situation? It is worth knowing that her name is on the adoption papers.

Thanks in advance for your help!

Answer:
 I mean, it's her cat.  You offered to watch it while she got back on her feet.

She got back on her feet.  She wants the cat back.  Why would you have any legal rights to the cat?


Title: Could my parents still confiscate my phone after I turn 18 if I am living under their roof?

Question: [deleted]

Answer: If its a gift it's yours but if its "We will "give" you this phone which we will control all rights to" then they are lending you a phone and just wording it poorly.  Since they are telling you upfront , their intention seem clear to me.


Title: CO/CA - During divorce, if a spouse threatens to divulge the other's dirty secrets to friends and family if he doesn't get his way, does this meet the legal definition of extortion/blackmail?

Question:
"I want XYZ in the divorce and if you try to deny me that I'll tell everyone about [embarrassing thing]."

I know you can't stop a person from actually divulging such secrets but since the threat was made and the demands were established, what are the legal repercussions of this, if any?

Answer:
 Yes, that is the literal definition of extortion in CA.  It's a felony and you can & should report it to the police.  Answer #2: That is indeed the textbook definition of extortion.Answer #3: Get them to discuss it over Facebook chat or text messaging or some other form of chat so you have proof.

Just bring it up, don't use the word blackmail in case they catch on.