Title: I [22] was ticketed for "disregarding red signal". Should I plead guilty?

Question:
Hi all,

I live in Virginia, and tonight I was pulled over and ticketed for "disregarding red signal." I was driving home with my SO and going 45 MPH (speed limit of the road I was on). The traffic light turned yellow as I crossed the thick white stop line where the intersection begins. The light then turned red before I passed the traffic light (or so the officer told me). I did not see the light turn red. I assumed it was still yellow. I was the only one on the road at the time, nobody in front of me nor behind and the intersection I was going through was 8 lanes wide both ways (northbound/southbound and eastbound/westbound). After a few hundred feet an officer pulled me over. I had to ask why I was pulled over as he only asked me for my license and registration when he approached my car (a Dodge Charger). He then quickly told me that I ran the red light and he was going to ticket me for it. He took my license with him came back with a ticket that says "disregarding red signal". After explaining to him that I entered the intersection after the light turned yellow, he still said that since I did not pass underneath the traffic light before it turned red that I was breaking the law. I found the statue that describes the laws on light signals in Virginia [here](https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-833). It states that a "steady amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not already entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but traffic which has already entered the intersection shall continue to move until the intersection has been cleared." What I get from this is that I am permitted to clear the intersection since I was already in it. So should I go to court to fight this case or just plead guilty and move on?

Answer:
 Agreed with others that you’re not going to hurt anything by going to court and pleading your case. You might get lucky or Judge might cut you a break.

But also be aware there’s a very good chance you will be found guilty. Yellow lights are timed based on the speed limit and size of the intersection so that vehicles approaching the light with not enough time to stop can safely make it through before red. Your story that it turned yellow right as you crossed the stop line and was then red by the time you made it under the traffic light is flimsy.  And it’s the story that just about everyone with this ticket goes to court with.


Title: How long is custodial parent allowed to ignore me before this is considered “wrong”.

Question:
She lives in a different state and recently we’ve been having financial disputes. She’s take. To responding to our disagreements by ignoring my texts, calls, emails since Tuesday regarding setting up visitation for my 10yo daughter for Christmas.

Nothing in our agreement says anything about responding to messages but surely there must be something I can do or a reasonable expectation of returning communication?
Topic:
Custody Divorce and Family

Answer:
 She can’t withhold visitation because of a financial dispute. It’s easy to find out school schedules online, if you know where your daughter goes to school you could just look it up and buy the plane ticket, then let mom know when. If I were you I would want to make sure she knows though—before you buy the ticket.

You may want to consider going back to court to amend the custody agreement so it specifies who pays for travel back and forth and use of a coparenting app would be something to think about in order to have a communication record if communication continues to be a problem.


Title: Fender Bender = $1,400?

Question:
Yesterday I backed up into a moving car in a parking lot, very minor damage (my car has five scratches, the other car has two). At the advice of the police who came and told us it's not worth following up with a report considering the lack of damage because it will just spike our insurance up, we told each other in person that we would leave it alone. We exchanged phone numbers just in case.

Today, he told me he wants $1,400 because a shop wants to replace his whole bumper for $800, and that it would take two days and he makes $300 a day through Uber with that car. What do I do?

Attached is a photo of his car, you have to squint to see the scratches, which are to the left of the license plate. I find it difficult to believe both that 1) a shop wants to replace the whole bumper for two scratches and 2) that he makes $300/day by Uber. I don't know what to make of this so I haven't replied to him yet.

[https://imgur.com/a/akgTny5](https://imgur.com/a/akgTny5)

Answer: You don't owe him his lost Uber income - you owe him rental car coverage for those two days. He can rent a perfectly fine car to replace his Uber.


Title: Criminal Statue of limitations of sexual battery against a minor (california)?

Question: Occured in 2000. Female victim was 15 years old when buttocks was touched inappropriately. Perpetrator in his 30's. Are criminal charges likely?

Answer:
 Has the victim reported it to police?  If no, then charges are near impossible.

Even if it is reported to police, looks like it is too late according to [this.](http://victimsofcrime.org/docs/DNA%20Resource%20Center/sol-for-sexual-assault-check-chart---final---copy.pdf?sfvrsn=2)


Title: She hit me then she ran

Question:
So last night I was involved in a hit and run in New York. Some lady rear ended me at an intersection while I was sitting at the red light. Since we were in the main road I motioned her to pull to the side road.  By the time I pulled over she was already gone.  Looking back I should have gotten out immediately and taken down her info but you don't always think clearly after a jolt like that.  After that I just went home since there was barely any damage. Just a little scratch from a license plate screw.

Next morning I go back out again to double check to see if there any damage. I look at the bumper and to my surprise her license plate info is embedded into my bumper dust. I do a search of the plate number and find her address. I go to the address to make sure it's the same car and not report some random person I got by chance. But it was indeed the same car.

So that's where I'm at now. Should I report her? If so how do I go about doing that? I don't think much would come out of it even if I did.

EDIT: To all those claiming I made the part up about searching for license plates just do a google search of companies who do this. I found one, made sure it wasn't a scam and paid 5 bucks. I thought I maybe getting scammed but her address was very close to the intersection. This is also why I went there to see if the car would be there and it was in fact there. I am not making this part up. There really wouldn't be a reason for me to.

Answer: File a police report for the hit and run, and let the cops know where she is. Once they follow up with her information, file a claim with her insurance company.


Title: Are lawyers in the US required to defend you to the best of their ability even if they know you're guilty?

Question: Like, are they required to try to prove that you're innocent even if they know you're guilty? If not, then would it be best to just lie to you're lawyer and say you're innocent so that they do defend you like you're innocent? This is completely hypothetical. I'm just asking out of curiosity.

Answer:
 A criminal defense attorney is going to zealously represent you, no matter the fact pattern and evidence.  Their job isn't really to ask you whether you're truly "guilty" or "innocent."  It is simply to present the best defense possible based on the situation presented to them.  It is the prosecutors duty to prove your guilt.

Like /u/stumblepretty said, there are ethical limitations that prevent attorneys from letting you lie to the court, or lying to the court themselves.  A criminal defense attorney should know how to present a stout defense without resorting to false information though.

I have worked on cases where, if I was on the jury, I would have convicted the defendant.  That being said, I wasn't on the jury, I was on the defense, and I was able to make a good faith case for their innocence.  Honestly, I frankly didn't really stop and ponder whether I thought they did it.  I focused on the legal issues and arguments.


Title: Canceling a car lease

Question: [deleted]

Answer:
 Not a lawyer, but I doubt it. Repaying the lease would be a provision of the contract and if she had read the contract prior to signing, she would have known about it before hand. Generally, the contract trumps whatever she is told verbally.

She's just going to have to accept responsibility for the lease and decide whether she wants to pay it off or keep the car.


Title: My car towed from lot owned by condo less than 12 hours ago, they are already charging fees [AL]

Question:
This is the situation. I own a condo here and all 4 people living here get parking passes for their own cars. Housemate #4 is gone for Christmas and we know he won't be here, so I brought one of my other cars over. It doesn't have a pass, but no one at the house called for it to be towed. It was parked there about 9pm last night and towed before 7am today. We called and they want $100 to get it back.

My main question is was it legal for them to tow it that quickly and without notice? I know when I lived in Texas they had to give notice.

Answer: It will depend on what your condo association documents say.


Title: Want to buy home. I'm durable AIF/POA for owner. How to set fair value? (MN, USA)

Question:
I have durable POA for mother in memory care and wish to purchase home. I am son and there are other siblings.

POA allows for transfer of real property. I want to avoid being accused of low balling the home.

Siblings all own thier own homes.

Mom is in memory care. Is 92. Has about $1m in assets not counting the value of the home (<200k). The proceeds will be added directly to her cash assets. Home has been un-occupied for almost two years. Needs lots of work including mitigation of water in basement.

How do I establish a fair value?

Are there other issues?

Answer:
 "Don't." Or at least get an estate lawyer to advise you before you proceed, because you will need to justify your choice to sell her assets on her behalf in terms of how it benefits your mother. As her attorney-in-fact, you have a duty to protect her interests, and transferring real property out of her name using your power of attorney looks a _lot_ like malfeasance. If your mother is not expected to recover or if she dies before she recovers enough to affirm your decision to sell her assets, then you may also face challenges from her heirs, who may have an interest in protecting her estate.

Separately, I'm surprised the _durable_ power of attorney allows you to make real estate decisions. Durable powers are usually limited to making medical decisions.


Title: [New Jersey] My idiot brother caught in Paterson with 41 bags of heroin in a car with a dude who had 120 bags and an unlicensed gun. Also, in addition to being charged with distribution, it all happened within 500 feet of a school.

Question:
I think it's his first arrest since he was a minor, except for a child support issue last year - arrested and spent the night in jail.

Any lawyers out there have an opinion on what he's likely going to get?

EDIT: He's 41 years old, btw

Answer:
 He is Mega-Fucked 5: The Fucked-pocalypse.

[If you possess less than five ounces but more than one-half of an ounce of heroin, you will be charged with a second-degree crime. If convicted, penalties include five to ten years in jail.](http://www.randolphwolf.com/criminal/possession-charges/heroin/)

*Edit: Expect him to get hit even harder since he was in a school zone. Delivery driver at my old work in NJ got caught with a half pound of weed in a school parking lot at night and got his fines and such doubled.
Answer #2: The legal term is "megafucked".

The only way this could be worse is if they found the dead hooker strapped to the undercarriage.Answer #3: Now I may just be a simple country hyper-chicken, but I know when we're finger licked. I am not your brother's lawyer, but he's in a 12 piece bucket o'trouble.

He's boned. Answer #4: If they give this case to the feds, he is fucked.  They can add "possession of a firearm in furtherance of a drug trafficking offense" (using the gun for protection.  even if it was on his buddy, they can just get him for conspiracy to do it), which is an automatic 5 years CONSECUTIVE.

how much lube does he have?Answer #5: The saddest thing is that he's just convinced that he'll get PTI (first time offender program where you just get probation from months to years and if you're a good boy, you get the whole thing erased from your record). I really think that they're gonna give him time


Title: Reporting my mom's boyfriend.

Question:
To start off, I am now 21 years old.

When I was from 12--17/18, I lived with my mom and her boyfriend. He was a registered sex offender for child molestation.

During the time I lived with him, he committed acts against me. For some examples, he would masturbate in front of me, stand in my room (naked) and watch me sleep , force kisses on me, and has taken it as far as to put his hands on me (sexually, if that helps clear it up a little more without going into too much detail). There was a lot more that happened, and if it helps, I can go into more detail about anything if I have to.

I never reported him, as I was told by my mother I would be taken away, or she would get in trouble and I would have nowhere to go. There was also a few other reasons involving my mother that I didn't have the confidence in reporting him. Like, how she had told me I deserved it and such. I was scared, and didn't think I would be taken seriously, as my mother never did and she had convinced my family of it as-well. (She is very manipulative, and would tell people I thought things happened, but I have photo proof of some things happening, like peep holes he had screwed into the walls of my room.)

I'm an adult now, and I have been thinking about at least reporting it.. I know how terrifying it was for me to deal with, and thinking about it all still effects me a lot today. I don't want that to happen again, knowing he thinks he was able to get away with it.

Is there anything I can do?

Answer:
 We'll need to know your location to give you specific information, because it varies greatly. The statute of limitations is different in every state for sex crimes, and can be different depending upon your age at the time of his acts. That is to say, maybe the statute has expired for some if what he did but not all of it.

In most states I've researched this for, the statute is a set number of years after your 18th birthday, but it really is all over the place.

Edit: goddamn autocorrect.


Title: I'm six months pregnant and I could lose Medicaid, but I can't afford any other coverage. I will need a C-section in less than three months. To report or not?

Question:
I applied for Idaho Medicaid (pregnancy Medicaid specifically, which has different criteria) several months ago, when my household income was very low.

My husband just started a new job a week ago and with his new salary and our household size, we no longer fit the income requirements for Medicaid. Additionally, I will soon technically qualify for insurance coverage through his employer, so I won't qualify for premium tax credits if I switch to a marketplace plan. However, we can't afford to add me to his insurance because it would cost an additional $800/month just for me, and we're just barely breaking even each month with his salary as it is.

And we don't qualify for the "unaffordability" exception for employer-offered health insurance, because even though it's incredibly unaffordable for me to be on it, it's free for him (ergo, as far as the IRS is concerned, it's "affordable" for our whole family even though it isn't). So, if it weren't for his employer technically offering me health insurance, with our income and household size I'd qualify for close to $500 monthly premium tax credit, which would solve our problem.

----------

The important stuff:

Now, I'm over six months pregnant and I will need a C-section in September. Obviously, we can't afford this out of pocket. I'm pre-qualified for Medicaid until the baby is born, and our income will be automatically reassessed then. I know there are consequences for not immediately reporting these things, but there's no way I can afford the medical care that I will need in the coming months any other way. Absolutely not a chance.

Now in my last trimester, I have bi-weekly prenatal appointments, including ultrasounds and blood work, and not to mention the cost of the surgery to have the baby and the mandatory three-day hospital stay immediately following.

--------

I'm completely at a loss. The way I see it, there are two options:

Not report the changes until after the baby is born and deal with the potential consequences later (that will result in about a three-month lapse period that I kept my Medicaid coverage when I probably shouldn't have),

or

Report the changes now (at the most expensive point in my pregnancy) and lose healthcare coverage, then not be able to afford any other coverage for the remainder of my pregnancy and childbirth. This would mean losing my OBGYN, and no longer being able to afford prenatal care (for arguably the most important part of my pregnancy), and I'm not even sure what would happen when it came time to give birth.

--------

Again, I'm at a complete loss. I know it's a lot but I'm scared shitless and I'm not sure which option is worse, they both seem equally terrifying. Unfortunately, with my husband's salary, we fall into the "family glitch" in the affordable care act as well, so there is no help for us or our child either way after I give birth.

What are the legal repercussions for keeping my coverage? I know we'll have to pay Medicaid back, but will we be responsible for the full amount of the surgery, recovery, and all? A portion of the expenses? Fines? Is there any way they don't find out/just let it slide if we cancel Medicaid right after I have the baby?

What do I do?
Topic:
Insurance

Answer:
 I'm not familiar with Idaho, but according to the IDAPA 16.03.01 regarding health care assistance programs:

>420 EXTENDED MEDICAID FOR SPOUSAL SUPPORT INCREASE.
Participants are eligible for four (4) calendar months of Extended Medicaid if an increase in the participant’s spousal support causes them to exceed the income limit for their household budget unit size. The participant must have received Medicaid in Idaho in at least three (3) of the six (6) months before the month the participant became incomeineligible.(3-20-14)

>421 PREGNANT WOMAN INELIGIBLE BECAUSE OF EXCESS INCOME.
A pregnant woman who receives health care assistance and becomes  ineligible because of an increase in income will continue to receive coverage through the end of the month in which the sixtieth day of her postpartum period falls.

Either case covers you.  I would call the helpline and ask for some guidance on your situation.  Also, I would double-check on you overall eligibility - generally if the employer offers to allow you to buy on their healthplan but doesn't pay for anything, that's not considered actual employer-sponsored coverage.  Even if they did pay partially, it still needs to be affordable.  You ARE considered to be a separate person than your husband as far as your eligibility.


Title: Is it legal to sit by rivers within a city?

Question:
I live in a city with a river down the middle, I was wondering if it is generally legal to sit by it for awhile, people can fish there and it isn't private property
Topic:
Other Civil Matters

Answer: Check your city's laws.


Title: Judge Pirro, how legally correct is that?

Question:
I know this is not the typical legal advice-question asked over here, but I didn't find a better sub, so here goes:

I've fallen in love with watching Judge Pirro. How real is Judge Pirro, the show, compared to a normal courtroom in the US? I have never been in court or similar, so I have absolutely no experience. I also live in Sweden, so the legal system is a bit different here - but comparing to US would be enough for me.

Answer:
 None of those shows are actual courts. It's arbitration staged to look and kinda sound like a court room, but the rules are *completely* different. The participants sign contracts agreeing to put the determination of the case in the arbitrator's hands, and the arbitrator can basically make any decision they want w/o considering the actual law, previous cases, evidence, or anything else.

If you're interested, google around for court transcripts -- sometimes you can find audio recordings. I like the United States Court of Appeals for the Seventh Circuit myself, because I have a man-crush on Judge Posner.


Title: [CA] Can a parent walk around their house naked in front of their children?

Answer:
 What? Of course they can. This was life in the 1970s for me and my friends.

So. Much. Hair. Answer #2: >Can a parent walk around their house naked in front of their children?

If it isn't for purposes of sexual gratification or anything nefarious, then yes.


Title: Remove piercings or be fired, after 1yr and no specific dress code [Arizona (right to work)]

Question:
GF has been working a job for about a year now in Arizona and they recently brought up an issue with her piercings. They never brought this up until now (season end/staff transition period) and she did not add any piercings since she was interviewed, hired or started. There is a dress code, but it is vague and does not specify anything relating to piercings or jewelry.  Much of the staff violate the dress code on a regular basis.  Other staff members have visible piercings as well.  She suspects her boss has it out for her for some reason as one minute she is the boss' favorite, the next minute she is given an ultimatum over something minor like piercings. We do not agree that they have the legal right to let her go over piercings or a right to expect her to remove them to remain employed, BUT this is a right to work state and I've heard you can be let go for almost anything.  I get the impression of discrimination or ulterior motives.

Edit: thanks everyone for your feedback and responses. I wanted to understand where the boundaries of "discrimination" lie and where we stand legally for this scenario, and the responses have been very enlightening.

The consensus is that she should either comply or leave. There is no legal recourse in this situation because even if there is some kind of discrimination going on, it would be tough to prove and it is not related to a protected class.  She has some decisions to make but at least now I feel confident that involving an attorney would not be useful.
Topic:
Labor Law

Answer:
 I'm not an expert on employment law, but I am almost positive that absent a contract, her job can fire her for any reason that does not involve some kind of protected class (race, sex, religion, etc.)

Answer #2: >We do not agree that they have the legal right to let her go over piercings or a right to expect her to remove them to remain employed

Why not? Seriously, where did you get this idea?


Title: How are 'Cost Plus' grocery stores legal?

Question: [deleted]

Answer:
 How is it illegal?

It's a store that sells things for money. What's the confusion?

Or better yet.. Why should it be illegal?


Title: Trespassing University in NJ

Question:
Hey. So I've got a problem. I'm a college freshmen at a State university in NJ. 2 weeks ago I was evicted doe being caught with MJ in my dorm smoking, which is dumb of me I know...anyway I was given an electronic letter telling me if I enter residence halls I'll be escorted out by campus Police, and additional charges may be filed.

2 days ago I gave my friend alcohol for the first time. she took too much, and I watched after her for several hours to make sureshe was okay, as it was my fault she got too drunk I shoule have watched her alcohol. She got caught with alcohol and I got caught in her dorm, then I left before campus police could arrive.

I received a university email today saying I allegedly violated my residence life sanctions, trespassed, and additional charges may be filed and I have a preliminary university hearing...

I know I screwed up, but how bad is this and what do I do.

Answer: Bad.  Retain a defense attorney if there are criminal charges.  Stop the drugs and alcohol.


Title: First DUI, scared shitless

Question: [deleted]

Answer:
 You talked to a few lawyers.  Find one and go from there.

I wish you nothing but the best on your quest to sobriety.


Title: College Dorm Legal Advice Needed

Question:
So my friend is currently attending a college in California and living in a dorm with one other roommate. She does not like her roommate very much, so she is usually in my room throughout the day. A couple months ago, her roommate caused a fire in the kitchen while cooking something in the oven. A lot of the kitchen was burned and now the school is also charging my friend for the fire. It's over $500. My friend tried to dispute this charge but her roommate blamed the fire on her. My roommates and I know our friend didn't start the fire because she was in our room at that time. I'm just wondering if there is anything that can be done about this.

**Edit**: My roommates and I have already written and shown documents stating that our friend was in our room when the fire happened. We had a student conduct hearing where my friend was told she needs to file a grievance.

Answer: She can complain to the appropriate parties on campus to get the fine removed.  If that doesn't happen, your friend can pay the fine then sue her roommate for the $500 in small claims if she can show that the roommate was responsible for the fire.


Title: [UK-US] Bought a necklace in the US, store gave me a more valuable one by accident... can I keep it?

Question:
I live in the UK, I went to the US recently (New York) and bought a necklace from a very popular jewellery shop. I looked at two, the first was $150, the second one was $250. I chose the first cheaper one. The lady wrapped it up for me (not in front of me, I didn't see her wrap it up), I never opened it and I came back to the UK yesterday. I just opened it and it's the second, more expensive necklace. I definitely paid $150, I have the receipt. I gave the lady my details when I paid, but because the receipt says I bought the $150, I'm not sure if they'll know it was me.

So question, if I decided to keep it and not say anything, can I get into trouble? If they asked for it back, I'd send it or something but I'm not saying anything (it's a gorgeous necklace).

Thankyou :-) not a big legal question but it would just clarify anything I'm worrying about.

Answer: I work in retail-this happens A LOT  more than you would think. And honestly for that jewelry store (which I am guessing loves a certain blue green color) a $100 loss is nothing.  If you call them, give them the receipt information the Sales Associate will most likely be reprimanded and you will keep the necklace-if you are happy with it. If you don’t like the necklace you could call them and see if they will pay for shipping to remedy the situation.


Title: Neighbors very dead tree dropped large limb on my car.

Answer: Contact the home owner and get their insurance information.  Beyond that, you haven't asked a question or told us where this occurred.Answer #2: If the tree was so dead that large branches keep falling off it, why would you park underneath it?Answer #3: Not to be contrary, but your picture shows considerable active growth on the tree. Portions of it appear dead, but the tree itself is far from "blatantly dead".


Title: An account firm is charging me for services not rendered...need help knowing how to fight them

Question: Last year during tax season some accountants were working with a friend of my fathers to help settle his taxes and they were supposed to help me too. I sent them everything in March and didnt hear from them until May. Long story short I ended up filing my own taxes but apparently the SSN was wrong and so they fixed it for me. I however, paid for the filing, for the late notice and any other taxes that I owed. The accountant firm NEVER did anything except change my SSN. They also never sent me a contract or an agreement or anything of the matter not even a voice recording authorization to retain my services. After months have passed they are still sending me invoices and trying to collect $400 dollars for simply changing my SSN. They are now threatening of sending my account to a collection agency. I have tried calling and emailing multiple times regarding this matter and they never respond or answer. I do have ALL the email correspondence saved showing that I have tried to contact them and that we never had an actual agreement. In the emails I also ask them to show me proof of such agreement and that once they do I would gladly pay the invoice but they haven't even done that. I should mention that I am a resident of MA but the accountant firm is based in FL. I was just wondering what are my legal options. PLEASE HELP!!!!

Answer:
 They reviewed your taxes and filed them on your behalf.

> I ended up filing my own taxes but apparently the SSN was wrong and so they fixed it for me.

You did not "file" your taxes at all. Filing means sending the forms to the government, not a private business.

You can, and should, request an invoice and agreement about the charges. However, by sending the tax forms to them instead of the government, it looks like you agreed to work with them at some point since no business is going to do $400 worth of work for a stranger.


Title: Say my parents die, and my sister and I are about to inherit a considerable amount of money. Now say my sister is a dangerous, well documented, heroin addict.

Question:
I have always wondered this.

Is there anything that could be done to prevent a heroin addict from getting their hands on the money? Could you delay a transfer or force the money into a trust account only to be partially dispersed?

Say you have no desire to permanently keep your sibling from getting their fair share, but you were quite certain that a large influx of money would mean a death sentence for an out of control addict. What, if anything, could be done?

Answer:
 Sit down with your parents while they're alive and talk about your concern that their death could kill their daughter, and suggest putting her share into a trust.

Sit down with your sister, discuss your concerns, and convince her to _voluntarily_ put her portion into a trust while she goes to rehab.

It's ultimately not illegal for someone with mental health issues or addiction issues to have money, and you don't have any standing to intervene in your parents' will for that reason alone. You could, _expensively_, tie the estate up in litigation for a while, but you'd be burning your own money to do so and the results wouldn't really be worth it.Answer #2: It would be completely up to the will, if your parents made one - if your sister is included in the will to recieve that amount of money then she will probably get it

If a will wasnt made it depends on the location. NAL but I'm pretty sure it is equally distributed. Either way Unless there was cooperation from your sister, or if there were dependant family residing in the house that you could claim your sister unfit to take care of, then there is not much that can be done


Title: Question about DUIs and blood tests

Question: Aight, so here’s the low down. On December 20th I was in an accident. Driving stupid around a curve in the rain, I went into a hydroplane and skid into a curve and flipped my vehicle. I got the accident report this morning and found out I’m getting hit with three violations; failure to maintain, too fast for conditions, and a DUI. I won’t lie, I deserve the other two, I can’t say I didn’t do it, but I was not under the influence of anything. I hit my head in the crash, and I was cracking jokes on the side of the road, but I was not impaired in any way whatsoever. I had been eating cactus fruit earlier that day and the juices were all over my arms and my mouth, but that kind of cactus isn’t going to get you any kind of fucked up. It’s a prickly pear cactus, I know about from watching Coyote Peterson’s show on youtube. The second officer on scene gave me a field sobriety test while  I was on the stretcher. It was a... Nystygmus test. They put a little blue light in front of my eyes and told me to follow it. I complied with the test, and I was given a blood test. The results of the blood test were never checked, based on what the incident report says. I’m currently trying to see the results of this test, but when I called the sheriff’s department, I was told I’d need an attorney. There are also several inconsistencies with the incident report and eyewitness accounts, such as the officer claiming I was “laughing for no reason on the way to the hospital” even though he wasn’t in the ambulance with me. I was wondering if anyone here could help me out in getting the results of this blood work, if I actual need an attorney or not. Failing everything else, I’m going to have a follicle test done, to prove I’ve never taken any kind of drug. Ever.

Answer:
 > I was told I’d need an attorney

And they would be right. Your attorney can put all this together to mount a defense or convince the prosecutor to drop the charges.Answer #2: Attorney. Now. Answer #3: You need an attorney. At the beginning of the case, your attorney will get the case file from the police. Without any kind of chemical / impairment test, it shouldn't be too difficult to handle the dui. Question, you said you weren't "under the influence," but did you have any alcohol or any substance in your system whatsoever, even if you don't think you were under the influence?


Title: I’ve been charged in salt lake for possession of marijuana and paraphernalia. What are my options?

Question: Ok

Answer: You need a lawyer.  There is a zero point zero zero zero zero zero zero zero one chance a judge will "help you out" for being honest.


Title: [Update] [CA] Sketchy landlord situation.

Question:
[This](http://www.reddit.com/r/legaladvice/comments/2w3jjq/ca_sketchy_landlord_situation_what_are_my_rights/) was my post I'm updating.

My fiance and I were planning on calling the non-emergency number to see how we could meet with her in a safe environment. At least one that I felt comfortable with. Turns out we didn't have to do that. She just called me and said that she wants to give me rent + deposit to get this over with and charged me $50 cleaning fee. I asked her if we could meet in my apartment. She refused. She said to come to the neighbor's apartment and she will be there alone. I told her that I'm very uncomfortable with that and she said my fiance can wait outside the door. The neighbor's car was also not there. My fiance walked me downstairs and left the door open as I went in with her. She wrote me a check (that didn't bounce) for everything and barely said two words to me. I gave her a $50 check and had her sign a paper she received it and vice/versa. As I was leaving, the neighbor pulled up and gave us the middle finger as we left. Cool guy.

I went on Craigslist to see if she had any ads up and reported them all. I'm definitely not going to be making a post myself as she'll know it's me but I just wish there was something I can do so she can at least be looked at! I don't want anyone having to go through this. She has tons of ads up.

So, that's that. I'm done with Craigslist and staying with my fiance's parents until I can move in to our new house. I appreciate everyone's input.

Answer: Thanks for the update! Your story brought back memories of the time my crazy landlord arrived and after her bi-weekly white glove test (literally) of the dust over door frames, she broke down and started crying and asked me to take care of her husband after she dies. When my lease was up they offered to LOWER the rent and I still refused. Glad it worked out for you.Answer #2: Wow. It really sounds like they have some sort of set-up going on. One-month lease and all, INCREDIBLY sketchy. I'd sweep the entire apartment just to check for any camera's. Just wow. The landlord and the neighbor definitely have an operation going.


Title: [New Jersey] Can People Who Make Fanart Have Any Legal Claims

Question:
So this is a weird and possibly realy stupid question  (I wasn't even sure where to post it to) but I am trying to make a calendar for a friend through the [Staples calendar maker.](http://design.staples.com/calendars?cid=PS:GS:CP:CP:B:407:47301:staples_calendars:63264)

I decided to make a kind of novelty gift where I'd find fanart online and use that as pictures in the calander. Since I'm not selling the calendar (it is a gift) I figured it was fine, but I do have to buy it from Staples I was wondering if this was legal. And most of the fanart is porn, I have no idea if this is a problem or not either.

TL;DR: I'm making my friend a calendar out of porn-fanart that isn't mind through Staples. Can I do this? Does fanart have any legal standings? Would it make a difference if the fanart is porn?

Answer: Whether or not you're making a profit doesn't determine if you're violating copyright or trademarks. But the more salient issue here is that Staples' TOS probably forbids both copyright violations and porn.


Title: Was told by friend that my school district can search my phone. Is this true?

Question: Im no legal sleuth, but I know that there are some rights that students (more specifically, minors), have. Im not sure if they have the 4th amendment to their personal rights (ie, their phone, computer. Parents I believe are exempt from it for obvious reasons), but this seems pretty odd. I live in Centerville Ohio, have read my school's handbook (no mention of it). I go to middle school there.

Answer:
 You're talking about a complicated issue that is heavily dependent on the role the school is taking when they (theoretically) seize and search the phone.

Schools act in two capacities; as state actors (where they are bound by the constitution) and as guardian in loco parentis (they're in charge of you in absence of your parents).

In neither case is the 4th amendment entirely the point. If the school is acting as an agent of the state and acquires evidence from your phone that **can** be a due process issue.

Best practice: Keep your phone not at school and without illegal shit on it.

Edit: All of the above is predicated on this as a public school. A private school has much more leeway


Title: Employer wants reimbursement for training expenses

Question:
Pennsylvania, USA

I recently left a position as a software developer with a small contracting company.  I gave 2 weeks, was professional, - my employer blew up and let me go immediately when I gave notice.  The following day I came in just to ensure that the company knew I planned to give 2 weeks because my boss was irrational and not making sense, claiming he could interpret the notice any way he wants.  That next day he realized his mistake and just said I would remain on until the last day of my notice with no tasks and no physical access to the premises.  He tried to bait me with papers to agree to the amount of the training costs for specialized software development training I partook in under his employ, without itemized detail or substantiation.

The online classes and certifications I took are paid with a secondary currency(think Bitcoin).  The only documentation he has provided is him purchasing this currency - and he hurriedly provided it to me because I demanded something before I left the premises in my final day.  The receipt bears no relation to my specific training costs, and he could have used that currency for anyone in his organization.

According to my training account online, what I was enrolled in does not add up to this amount that he is claiming on this PayPal receipt provided.

My onboarding paperwork contains an agreement clause to repay training costs - classes, materials, etc.  These are not itemized in the agreement, and there is no schedule for repayment.  He first claimed these amounts were several thousand (think $8k), then steeped down to half of the original claim, then finally less than that - to an amount which matches the Paypal invoice for the secondary currency.

He did give merit bonuses for the completing the certifications and a salary increase (though he withheld from our agreed upon offer prior to hire to achieve this).  This was voluntarily on his part and as I understand it, he wouldn't be eligible to seek reimbursement for those.

I've very rationally asked him to substantiate the costs with itemized detail, which I could in turn use when claiming these expenses on my taxes, to which he has not complied.  He has now asked a lawyer to follow up, who has threatened litigation despite a clause in the agreement that specifically states the matters pertaining to this are bound to arbitration with no side entitled to seek recompense for fees.

I've made it clear multiple times that I intend to make good on this with properly substantiated amounts.  I'm not in the habit of giving people money without justification or an itemized receipt, though.

I would like advice on how to proceed.  The agreement is poorly constructed, with no costs disclosed in advance, and no timeline for repayment outlined.  In hindsight, realizing this I probably wouldn't have pursued this opportunity.

The direction I was going to pursue is to send him what I believe I owe, and put the ball in his court.  I would provide itemized detail from my online training account and the cost matrix accessed from the training company's website.  It was online self paced training, there was no classroom or travel involved.  As a side note, he always kept me inundated with projects and I never officially completed the training, I completed the certifications with on the job experience.

He shouldn't be able to use the agreement as carte Blanche, correct?

Should I be concerned of exorbitant amounts to popup later?  What kind of basis for dispute does he have?  What kinds of expenses could pop up here?

Are there any protections for me as an employee when the training repayment agreement is poorly constructed like this?

Thanks in advance to any insight anyone can share.

Answer: You need to have him sign a settlement agreement that in exchange for $XXXX he agrees that ALL claims for reimbursement are ended.


Title: California. Preschool is trying to take me to collections for a month my kid didn't attend.

Question: My wife told the preschool teacher that our kid wouldn't be there for August.  The teacher apparently had a communication problem with administration.  At first they tried to charge us for all of august. We refused. They then said that it was "their policy" that parents provide a two week notice prior to cancellation and sent us a bill for the first two weeks of August.  We refused to pay.  Today I was contacted by a collection agency for the two weeks.  I will not pay this but don't know how to proceed.  What do I do?

Answer:
 What does your contract say?

If a collection agency called you, ask them for a debt validation letter.  Do not acknowledge or accept the debt.Answer #2: Were they holding the spot for your child? This may have been a miscommunication but if that spot is remaining reserved for your child, typically the contract will say that you need to pay for the "spot" - Even if your child didn't attend. How much notice did you give, and what does your contract say about absences?


Title: Landlord wants to take pictures of the house while we still live in it, for future advertising.

Question:
The title may seem a bit confusing, so to make it clearer:
I'm renting a house. I have sent a notice of termination, which will be effective in 2-3 weeks' time - right now I still live in this house. I am assuming that he wants to be able to advertise the house ASAP, but if he takes pictures now then my goods, objects and stuffs will be shown as well, as I haven't fully packed yet. This means that they will be shown publicly. Well first of all, is this legal or I'm just being a bit paranoid? It might seem like a silly thing to ask, and no I don't have anything to hide, it's just the fact that everyone that checks out the house in the future will see whatever you had in the house. There goes my privacy.

Answer:
 It's legal. Put anything you don't want displayed on the internet away.

It's not like it will have your name attached so people can Google it.


Title: Dryer at apartment not drying clothes costing a lot of money

Question: The dryer at my apartment cost $1 per load to dry plus a $1 for washing. On an average week the household has about 3 loads to do. The uniforms have to be washed separate. The problem is the dryer never dries the clothes all the way and the landlord refuses to fix it saying the dryer is working fine. I have put more clothes in a residential dryer and had it dry just fine. This is costing me a ton of money and time.  Is there anything a I can do?  They are claiming I am over stuffing the dryer with clothes wich is clearly not the case as it barely dries 5 pairs of pants. picture to show the latest load that was still wet after it went through the cycle on high and clean lint trap.  http://imgur.com/a/5W7cN   I have tried to go to a laundry mat but they are closed by the time I get off work and on my days off.   Washington state forgot to add that in the title.

Answer:
 You could try to litigate the question of whether the dryer actually provided is working sufficiently well to satisfy the dryer promised in your lease. You would spend around $30 on filing fees, plus spend time arguing before a judge for whatever remedy you're seeking, plus antagonize your landlord badly enough that, unless you're under rent control, you can expect your lease not to be renewed. During this time, your dryer will continue to suck. Likely, after this is over, your dryer will _still_ suck, but you'll get some money back.

Or you can [spend the same money on a drying rack](https://www.walmart.com/ip/Costway-Laundry-Clothes-Storage-Drying-Rack-Portable-Folding-Dryer-Hanger-Heavy-Duty/743725085) and have dry clothes reliably.Answer #2: Obligatory INAL

I would wager the air vent hose hasn't been cleaned since that dryer was installed. That can be a significant fire hazard and I wonder if you might have success filing a complaint with your local fire marshal.

Additionally, I'm not sure what your budget is but you may be interested in small countertop washers and dryers like the Panda brand (I don't think this sub allows amazon links so just google it).


Title: Victim of Wrongful termination and racial discrimination by Billion dollar company with overwhelming proof !!!

Question: Good morning  to all. Let me start off by saying I’m in Chicago  and I filed a wrongful termination / racial discrimination complaint with the EEOC.  They told me I had a case and they would investigate it. 2 other employees from the same company resigned do to the hostile work environment.    We were contacted by supervisors that  told us  yes we were targeted and they did have plans to fire us and do what ever they had to do because of our ethnicities.  Here’s my problem. I have put my faith in EEOC  this investigation has taken 7 + years I finally received a determination letter and it stated  there was discrimination, evidence to show numerous  racial slurs, less training then others, scrutiny with overtime. They also had evidence that I made numerous attempts  to contact the company in regards to all this before I was fired. But then they said not enough  to support writing me up which led to my termination.My problem is they never interviewed the main witnesses with collaborating information to the facts. The facts are clear. They lied and did so much to paint a picture that I was a bad employee. The proof is there that I was anything but that. I can prove that everything they say are lies.How can they come to determination with out contacting the most important witnesses? I have many theories and facts that led me to these theories. Any information and advice would be greatly appreciated. I now am in the conciliation process but have no intentions of settling. Thank you in advance.

Answer:
 > this investigation has taken 7 + years

At best it looks like you’re 5+ years past the statute of limitations.


Title: Can I legally drive seven passengers in a van that only has 4 seats in it currently? Florida

Question: I don't care that it isn't safe to do, I know. I just want to know if it is illegal to do so. All I've found is that in Florida drivers, minors, and front seat passengers need seat belts, but nobody else does. My van only has four seats in it currently and I have no way to get the other bench in. My friends all understand that and still want me to drive, since I still have the only car capable of holding us all. So if I get pulled over, which I don't plan on, could it be for the sole reason that I have 3 passengers without seats/seat belts?

Answer:
 I would be very surprised if Florida does not at least require **seats** for the passengers.  I can't cite to it, at the moment, but that'd be my first concern if I was you.Answer #2: This isn't legal advice, this is life advice, don't endanger the lives of your friends.

A bit of mechanic advice, why can't you get the seats in, might be an easy fix if its just replacing a part. Else, don't be an idiot and just use 2 cars.

And nobody plans on getting pulled over.


Title: I was in a car accident. At fault driver's insurance won't do anything. California

Question:
At the end of last month I was in a car accident.  I was stopped and had my blinker on to make a turn into a parking lot when I was rear ended.  We exchanged information and I reported it to the insurance right away. I tried to call the non-emergency police line but couldn't get through to someone to ask that an officer be sent out so I gave up and we went our separate ways.  Since I was on the clock for my IT job, I went to a doctors office where they diagnosed me with having moderate whiplash.  I filed a workman's comp claim and they've been handling all my medical bills.

After a few days of not hearing anything, I called the other drivers insurance to see what the status was.  They informed me that they had nothing on file.  The other driver had not reported the accident to their insurance.  I had already called my father-in-law's insurance agency (he owned the car I was driving) and I had went to the police station to file a report. So I filed a report with the other driver's insurance company.

It took them almost 2 weeks to send someone out to inspect the damage to my father-in-law's car.  They had told me that they would not supply me with a rental car until they inspected the car and now they're telling me they will not supply me with a rental car or pay for the damages until they speak with their client.  They say they've been trying to contact her but she won't return their calls.

It's been over 3 weeks since the accident.  I've been in pain every day since and this is really stressing my family out.  I've been told I should get a lawyer, but I wanted to wait to see what the other driver's insurance would offer us, but there's been no offer and they say they can't do anything until they talk to their client and their client isn't talking to anyone.  What options do I have?

TL:DR - Got rear ended, car is totaled and I'm hurt.  At fault driver's insurance won't do anything until they talk to their client who isn't answering their phone calls.

P.S. Sorry for the wall of text, I'm just trying to be thorough.

Edit: Not sure if I should add this or not, but I just started going to physical therapy for this injury
Topic:
Insurance

Answer:
 Your father in law needs to put in a claim for the car damage with his own insurance company.  They will pay and then subrogate against her company's coverage.

If you want to sue for personal injury get your own lawyer.  Worker's comp will be able to take some of the money you recover to re-pay them for the medical bills, so this isn't a case you want to try to settle by yourself.


Title: [NJ] I am a parent of a 12 year old. He really wants an airsoft gun/BB gun.

Question:
As a parent, I would be OK with him getting one. However, after spending a couple days trying to google search this issue, I could not find an answer. In NJ, is it legal for him to own a gun, or would I have to own it? Would we need a permit? Sorry if this is the wrong place to post this.

Edit: Not looking at this from a parenting standpoint, just want to know what channels I need to go through to purchase an airsoft or bb gun.
Topic:
Juvenile and Youth Law

Answer:
 NJ enacted very strict permitting requirements for "handguns" in 2014, which now includes airsoft and BB. You will need a handgun permit to legally purchase and use it, and it will have to be registered to you specifically. Your local police department will have all the forms, you'll need to be fingerprinted and have a mental health check and background check, there are fees, it's the exact same process as if you were trying to purchase a "real" handgun. If this sounds ridiculously stupid to you, that's because it is :) Good luck. Answer #2: If you do - just some general advice.

Keep it in a safe. Keep it locked. Keep lots of eye protection around. Only let him shoot in legal areas.

Most important - require him AND any friends who want to shoot it to have a hunters safety certification. Make them do both the class and the field day.(It should really be a mandatory class for all kids in middle school but thats not really related)

NJ IS NOT A GUN FRIENDLY STATE. So dont expect to be able to shoot anywhere but a range or maybe a farm out of town. Laws will vary by municipality too. Answer #3: www.njsp.org/firearms/firearms-faqs.shtml

It sounds like you'll need to get the ID and permit to purchase and possess, after that your son will need a waiver to possess and shoot. He cannot himself purchase it and to my research he cannot own it outright.


Title: Questions about how to handle a deathbed confession

Question:
I'm a long time redditor, but I made a throw away account for obvious reasons. This is a very serious request for advice. My location is CA.

My maternal aunt is in hospice care at her home. She is expected to be with us perhaps another few weeks at most. She has cancer, but her mind is still sharp. Her husband, my uncle, died some years ago. His death was considered an accident; he fell off of their house roof while he was doing repairs. I was young when he died and don't have many memories of him. My mother always said he was a cruel man, but my aunt never talked about him after his death.

A couple of days ago, my aunt called my mother and asked her to come over immediately. My mother rushed to my aunt's home, thinking she was ready to take her final breath. My aunt asked the hospice worker to give them some privacy. She told my mother that she needed to get some things off of her chest before she passed. She said that my uncle's death wasn't an accident. She pushed him off the roof, and said that she would have killed him much earlier, but that was the first real opportunity she had where she wouldn't be accused of his death. She said she had to do it, and if my mother knew what she knew, my mother would have done the same.

Mu aunt then asked my mother to go into her bedroom closet and pull out a locked metal box. She told my mother where to find the key. She started falling asleep at that point, and the hospice worker needed to come back into the room to check on my aunt, so my mother left with the box and key.

When my mother got home, she called me, and I came over. She was extremely upset. She had opened the box by that point. She told me what my aunt said, then showed me the contents of the box. It was a collection of "momentos" that my uncle had collected, along with newspaper articles and a notebook with many entries written inside. The momentos were small items that belonged to women. The articles were fairly old and were all from a time before my aunt had met and married my uncle. They were about a particular series of terrible crimes that the police and public suspected were linked to one person. The notebook entries had dates, addresses, and cryptic remarks about when people were at those locations. Some of the locations match places and names where these crimes occurred. Some do not.

I looked up those crimes and as of today, they are still considered unsolved and no one has been charged with them. My uncle's name doesn't show up as a suspect in any accounts I can find.

My mother went back to my aunt's home and asked her about the items in the box. My aunt would only say, "Now you know why I had to do it." My mother doesn't want to push my aunt more, because she's near death anyway.

I don't know what to do, and neither does my mother. My mother doesn't want to "snitch" on my aunt. It's her sister, and she's near death, so I get it. But, she might have more evidence or testimony that ties my uncle to these terrible crimes. It could be that he merely collected this stuff and is not guilty of those crimes. I have no idea. So, should I/we call the police now and give them what we know? Should we wait until she passes, then call the police? Should we just forget it, it's just the ramblings of an old sick lady and a weird collector uncle?

TL;DR My aunt has admitted to murdering my uncle on her deathbed, and she gave my mother a box of what could be evidence that he was a serial violent criminal. What do we do?

Answer:
 you should turn the evidence over to the police and make a statement to them (after consulting an attorney) regarding aunt's statements.

you have a moral obligation to help the police with unsolved murders.

if this is real, of course. which it isn't. Answer #2: Pretty sure this is a Stephen King short story although I think his protagonist pushed her husband down the stairs.

Assuming this isn't a troll, you don't have to do anything. If you want to tell the police then wait until after your aunt dies, then contact the FBI with your story and your uncle's box o'evidence. (the FBI will be a lot more interested in the Uncle and a lot less interested in your mom's role in this situation)Tell them everything and see what they want to do.


Title: BCBS Rejecting all coverage for newborn baby born in WA to WA state residents. Saying Erin Act not applicable.

Question:
Here's the story.

Wife was laid off 7 months pregnant from her WA State-based office of a company headquartered in Ohio.

To avoid any coverage of baby issues, wife elects COBRA rather than a new marketplace plan.

July 10th, baby was born in Washington. Medical bills with estimates of insurance come (everything looks like it is going to be paid except one)

Call doctor to check on one today

Find out All claims were rejected for Patient/Account mismatch Call BCBS, claims weren't notified of birth so don't have to cover. Inform them of RCW 48.43.115 Erin Act which requires the mother's provider to cover all claims in the first 21 days.

They say they normally provide coverage for 31 days for free then start charging premiums on plans but since they weren't informed they don't have to cover anything.

I explain gently that Erin Act doesn't care whether or not they were informed, the mother's coverage extends automatically so they don't really have a choice to refuse.

They said to call the COBRA provider so they baby can be verified.

Just as before COBRA informed us we don't need any paperwork or to file anything because we are not seeking to purchase new coverage for the baby (the Erin Act says the mother's policy is sufficient for the first 21 days).

Call BCBS back, they call COBRA, COBRA informs them they don't get involved and BCBS has to handle this.

BCBS officially denies my claim and gives me the brush off to file an appeal. They say the policy exists in Ohio and WA state protection won't apply to this case.

So Reddit I have a couple questions:

Is the company my wife worked for legally allowed to ignore WA state acts because they are headquartered and purchased their insurance in Ohio?

Is there any point in filing an appeal?

Would BCBS or my company be legally liable for violating my WA state resident rights?

Should I contact or avoid contacting my wife's ex-employer?

Answer:
 Appeal the denial and file a complaint with the WA state insurance commissioner:

http://www.insurance.wa.gov/complaints-and-fraud/file-a-complaint/index.htmlAnswer #2: I used to work for BS of Washington. If the employer is based in another state then that state would be the insurances home plan state and not subject to Washington state mandates. BS or BC of Washington would just be the host plan and basically just let the home  use their provider contracts and forward claims to them. Appealing or contacting the insurance commissioner is going to be a waste of time. You best bet is either contacting the cobra administrator to add the child to the plan retroactively or contacting the Washington Health plan finder to purchase an individual plan retroactively. Typically you get 60 days from the date of birth to get coverage.


Title: [GA] Tenant texts me about drugs for sale, I enter house and found a scale with weed.

Question:
I took pictures, called the police, but I had to pick up my kids before they showed up.

I want this guy out and my ass covered from asset forfeiture or whatever, what's my best bet?

A lawyer friend is supposed to give me a call tomorrow, but I'd love to hear y'alls thoughts.

Some choice texts:
"icial to the both of. Us but if its worth it to you I will give you two onions (ozs ) girl scout cookies or loud or kush or i dunno i dont do the name th
ing but lets just say the goodz instead if u trash check or u can keep check no biggie i just happen to come across good deal so have that. Dont worry no
t here or anything here but tgought id ask"

"Sorry about other day with dog. I ended up going to jail for a week for doing nothing
Anyway im looking at Couple places this weekend
And just letting you know i needtoll 420 customers to help me out. I got good for good prices plus wax let me know i guarantee better deal than what u go
t going on
The jail thing was disordly conduct literally arguing with parking attendant
I got dab too aka wax"

My reply: "Ok, please don't sms me about criminal activity.  "

[pictures of damage and weed](http://imgur.com/a/LkgpG)

Answer:
 I love when a drug dealer uses code words for some stuff and then just blatantly talks about strains and other stuff as if cops don't know those words.

I'd want this guy out too, he's not going to be able to pay his rent with that kind of security.


Title: the neighbors on my lot, that i plan to build on, put a gate in my fence. CA

Question: ive put a lock on it and theyve removed it and now its a broken gate to their back yard. i think theyre trying to get squatters rights to my property. should i notarize a nice letter giving them permission to use the gate to tend to their fence via secured mail?

Answer:
 You need to file a police report. One for vandalizing your fence, and one for the detruction of your  property (lock). The police can issue a tresspass warning, and any breach after that is criminal tresspass. Answer #2: No, whatever you do - DO NOT give them permission to use any of your property for any purpose. This could create an easement that you never wanted. Do as the others have suggested and have them trespassed from your property, and plan on having a professional survey done if you haven't already.

Good luck!Answer #3: If you are sure the fence is yours, then just call the police.  They damaged your fence and are legally required to fix it.  If they are on your property without permission, its trespassing.


Title: My employer was paying me cash and stating that he was "self-cashing" my checks to save some money on payroll costs and also having me operate as an armed security guard without licencing. I wish to report them but not sure to what department or what to say.

Question:
I answered an ad on Craigslist for an armed security guard position. The ad stated I needed no experience or tan and perc card which are required to be an armed guard in Illinois. When I applied for the position and interviewed I asked why I didn't need a tan and perc as I always thought was required to operate as an armed security guard. The business owner informed me I don't need those certifications and that I would be operating under Illinois law that states any employee may open carry a firearm in any fixed place of business as long as they are given permission by the business owner. I thought it sounded kind of fishy but I needed the job so I took the position going by the business owners word. Fast forward to my first payday and I am handed cash for the hours I worked. So I asked why I was receiving cash instead of a paycheck. The owner informed me that I am being issued paychecks but that he was "self-cashing" the checks as he put it to save money on payroll costs and that all taxes were already deducted at the time I received the cash. Again sounded really fishy but I needed the money. Fast forward a year later and I am being layed off because the owner stated the store wasn't making enough money and couldn't afford to pay me anymore. He told me on a Friday that Sunday would be my last day. Needless to say I was pretty upset with the lack of notice but didn't let it bother me because at least I'd be able to claim unemployment since I was layed off and not fired. When I go to the unemployment office to file my claim I told the worker about the self-cashing checks thing and she seemed really confused and told me to contact my former employer and request all my pay check stubs. I sent him a text asking if I could have my paycheck stubs and he never replied. I called him numerous times and left multiple messages and he never got back to me. So I begin to do my own research and find out that he was bullshiting me the whole time and was paying me cash and having me operate without a licence so he could save money. I really don't know what to do at this point or where should I file complaints or reports. From what I've read I believe I'd be liable to pay past taxes on all the income I earned. I don't have an issue with that I understand if I have to pay those taxes but what I'm worried about is if I will get in trouble at all. I had no idea that I was not only operating illegally but also being paid illegally. If I go to file a complaint with the department of labor or hire an attorney to maybe sue my employer for the back taxes due, would I be liable at all? Basically would I get in trouble? Or would it be better to just leave it alone and move on with my life and just be thankful I never had to use my firearm?

TL;DR My employer had me unknowingly operate as an armed security guard without licencing and payed me illegally.

Answer:
 You should file a complaint with the Department of Labor:  http://www.illinois.gov/idol/Pages/Complaints.aspx

You will also need to true up your income taxes.  You are in luck though because the feds tend not to like employers who fail to pay payroll taxes, so they'll be taking it out of his hide.


Title: Recently single mother of 2 year old in New York desperately needs advice on starting custody case.

Question:
After 3+ months of be separated from my ex-fiance, I have finally decided that I need to file for custody and child support. To be honest, I've waited this long because I wanted to avoid involving the law as much as possible, but I realize now that this is my only option.

A little background of the both of us:

Me -- stable income and employment. I work full time making $32,000 and I just also picked up a second job to help support my child. I have a roof over my head and am independent, meaning I support myself, my child, and do not rely on anyone.

Father-- Is couch surfing between family and friends. Is unstable and an addict (was clean when he was with me, but I believe he's relapsed since we've broken up) He was arrested in March for slashing some strangers tires after claiming he had a bad reaction to bi-polar meds that he had been on for 2 years. Was sent to a psych facility for 9 days. Lost his job, is not reliable in helping to pay for my child's things, and has terrible judgement (He got beat up by some dudes he claims jumped him while he was taking a walk in the middle of the night to clear his head, and he got charged by police for Criminal Trespass for shooting his unregistered rifle on private property)

I know this sounds like an easy case, but my fear is that he will use my past against me. I have depression/anxiety (for which I am treated and see a therapist weekly) and I tried committing suicide in 2012. I've come a long way since then. I've never done drugs (experimented with pot a couple times but hated it), I maintain a full time job, have an extensive support system for both myself and my daughter, and am doing everything and anything I can to keep my environment safe and stable.

Before this, he was a great father! He was stable and dedicated to her, but is completely erratic now and my child sees it. It kills me.

Can I request he be drug tested and only have supervised visits? How do I go about building my case? I'm sorry, I am completely overwhelmed and I know I seem naive...

Topic:
Custody Divorce and Family

Answer:
 > Can I request he be drug tested and only have supervised visits?

You can.  That's unlikely to work; courts are generally reluctant to allow one parent significant control over the other parent's time.  Unless he's an *actual* danger to your child, it's unlikely that they'll put him under supervision.

Go to court, present what you know, ask for what you want.  The more reasonable you are, the more likely you are to get what you ask for.


Title: Father in law injured at hardware store. Pipe fell on his head causing bloody cut which led to ER visit.

Question:
Location-California

Yesterday afternoon my father in law and I were shopping at a local hardware store(Lowes) when a pipe fell from the shelf and struck him on the head. When this happened I heard the pipe hit his forehead and then the floor. As I turned in his direction I seen him stumble and hold the wound. After a few seconds he turned to me and I noticed the bleeding and his wobbly stance.

I went for help and found 4 employees who rushed toward my father in law with a office chair and medical supplies. They gloved up and gave him gauze and offered a band aid as well. they started asking him questions such as "Are you ok? Do you think you need to go to the ER? Do you wanna sleep it off and give us a call tomorrow to see how you feel?". All while the bleeding continues (imagine a 1 inch horizontal cut with blood trickling down, not too bad but bad enough) they overwhelm him and act like he will be ok. So I intervene as I am stunned on how they are treating this so lightly and as what is their procedure if someone gets hurt, is there a accident report or a claim that has to be started to cover everyones butt. They look at me like I annoyed them and take my father in law' name and number. When they asked his name he couldnt give it after 5 seconds I gave them his name and number and advised them I am going to take him to the ER. 4 hours later were out of the ER.

Please help me any way you can. thanks guys. what should we do?

Answer: Just to clarify, do you want to take action against the store? Do you want your medical bills paid?  Im not sure what your goal is OP, there could be several


Title: I posted here the other day and got little response. I know I have something here. I need to know if I should pursue this or give up against Big Bank...

Question:
I was denied a loan modification through Chase Bank. They strung me along for several months. I spoke with them and got apology after apology, but was told they don't reverse decisions. But:
1. I have a USDA mortgage. USDA does not do loan modifications. Chase knew this from the beginning and still recommended a loan modification.
2. I was only behind 2 payments when I was referred to a loan specialist who recommended the loan modification. Chase Bank stated they don't refer to a loan specialist until at least 3 payments behind. They admitted that mistake.
3. My denial letter states I was denied because the home is not my primary residence. This is not true. It's because I have a USDA loan. Are they covering?
4. I was told not to make my 2 missed mortgage payments as that would opt me out of the program. I tried twice and was told NOT TO PAY.
There is more to this, but these points alone make me believe I was scammed. When I asked Chase my options, the representative actually told me to reapply for another loan modification and to write an appeal letter. He said this is the only way I can explain my situation to the underwriters. This can't be my only option. The modification process has already caused me to accrue over $4000 in late fees and foreclosure fees; all of which wouldn't exist if they hadn't done this to me. And now they want me to reapply and accrue more fees?! Even though I am not eligible for a modification?! The lawyers I've spoken with won't hear me out without payment, which I understand, but there has to be something I can do! Please help...   (In Arkansas)

Answer:
 Generally speaking, a bank is not required to give you a loan modification. It is a contractual arrangement that both parties must agree to. A debtor does not have a right to a loan modification. That said, there may be extra statutory protections in your state related to contractual arrangements which may allow you at least some recovery. I am unfamiliar with Arkansas law on the matter, so you should speak with an Arkansas attorney.

Many Bankruptcy attorneys and Debt Collections attorneys handle this kind of matter. That is where you should start your search.Answer #2: You sound like you are nuts. Pay your loan. If you get a modification then pay according to the new terms. But applying and receiving a loan modification are two different things. And Chase doesn't have to give it to you. Do you understand that or not? Pay your loan and see if you can find anyone, not just Chase to give you different terms. But stop acting like you are being scammed. You sound like a lunatic, and even more so when you are in the wrong. And it is difficult to find an attorney who will resent you because of you are not paying your loan then they believe you will not pay them. Answer #3: I don't understand why you're not making loan payments.

You know you can't get a modification. Chase is a big company full of people who barely know their job and don't care about you.

Even if you can't catch up, can you resume making your monthly payment? I would think that would stave off foreclosure.

I'm not a lawyer. But I dealt with chase on my mother in law's behalf for over a year. They suck.


Title: My grandad has been put in a care home by his wife against his will - what can we do?

Question:
Hi everyone. So I'm hoping you can help.

My grandad who is a wonderful human being has been put in a care home by his wife who unfortunately is much less wonderful.

He has Parkinson's so does need looking after and this has been up until now provided by an in home carer who he knows.

The important thing to note here is that he is not incapable of making decisions for himself. Parkinson's affects your mobility and speech but he can communicate and knows what's going on.

He has stated clearly to his children (my aunt and uncle) he doesn't want to be there. The place is not suitable for him since it mainly houses people who have advanced dementia. So he won't have anyone to talk to or do.

His wife also wants to fire his carer who would be able to talk with him and visit him and importantly help him communicate with his wider family (many of us live abroad or out of state). She says she doesn't have they money but she lives in a 5 bedroom house on her own (my grandad's house btw)

The carer has since come out to us and said she finds the way my grandad's wife treats him privately when nobodies around really upsetting. So it has become fairly clear thats she doesn't care that much about his well being and is perhaps more interested in his estate.

My aunt is in town from Texas to help out and she's been spending time with him in the home. My step grandmother phoned the care home telling them to kick my aunt out because she was upsetting my grandad! This was a complete fabrication.

She's left him on his own in this place and want everyone else to leave him to it seems.

So my step grandmother is up to no good.

My uncle went to an estate lawyer who's a friend of the family and he suggested they reach out and have a family conference about my grandad's care with the lawyer friend present. She has said she's too busy to do this for a least another couple weeks. Again she's a retiree with nothing but time.

The lawyer is now going to contact her directly imminently.

My uncle- his son - and his wife have joint power of attorney as I understand it.

So my question are this.

-In the state of Florida does it matter if you are put in a care home by someone who has power of attorney over you but as a competent you don't want to be in that care home?

-Can the blatant disregard for my grandad's wellbeing shown by his wife be taken in to consideration when deciding who should make decisions for him?

Any help or shared knowledge would be greatly appreciated. If you could even point me in the direction of the right statue books and I can look up answers for myself that would be great.

My grandad is one of life's good guys and he does not deserve to spend his last days with nobody he loves around him.

Thanks

Answer:
 > He has stated clearly to his children (my aunt and uncle) he doesn't want to be there

I'm going to be very blunt with you here, having gone through this several times myself.  They **all** say that.  All of them.  It's because the process is tough.  They want to be home, and they want their old lives, but at some point they can't.  This may be that point for your grandfather

Easy question: who's offering to take him in and take care of him?


Title: Speeding ticket question in Alabama - ticket occurred on 11/28, trial is today 5/22

Question:
Do I have a reasonable argument that this is not a speedy trial?  If so, what’s a reasonable way to tell the judge?  No prior speeding history.

Ticket for 65mph in a 55mph

11/28/18 original ticket date

1/9/18 arraignment

3/20/18 showed up for court date, officer no show, was told to come back 4/17/18

4/17/18 I had to postpone due to work travel (court nearly refused this request). Court gave me date of 5/8/18 to appear.

5/8/18 judge called my name, asked me if I was still pleading not guilty, then said to come back 5/22

5/22 - today’s date and date of trial

Answer:
 >Do I have a reasonable argument that this is not a speedy trial?

No.

Seriously, not even close.

Good luck in court today. And do NOT being the speedy trial argument up unless you are looking to annoy the judge.Answer #2: 1. That right does not apply to traffic tickets.
2. You yourself postponed one of the appearances.


Title: Connecticut labor law - Is there any law that requires my manager to clock me out for lunches I did not take?

Question:
My manager has been clocking me out for a meal period I do not take by choice. But not clocking out a coworker who also does not take a meal period by choice.

His excuse is that the law requires him to account for a meal period if you take one or not.

Everything I have found on both a federal and state level say nothing about being required to take the time,  just that the employer is required to offer it.

Is this true?

Answer: The law requires you to get the meal period. If he wanted to follow the law he should prevent you from working. He is not allowed to dock you for time you worked.


Title: (TX) Is it legal for a mechanic/body shop to post a sign that says, "Any item left over 30 days upon completion becomes the property of the business." and to follow that rule?

Question:
My friend's brother wishes to post such a sign because people will leave things at his shop for close to a year and then want them back. That, of course, causes him to have to store them and he doesn't want that type of hassle. So, is a sign like this binding? I've already suggested putting said verbiage on his receipts as well.
Topic:
Consumer Law

Answer:
 **If I am wrong, someone correct me**

I believe in Texas that property is only legally considered abandoned if it is not claimed within three years. Your friend's brother's sign wouldn't be allowed.

A business has to do their due diligence and attempt to return the property to the rightful owner (or at least make the owner known of the property's location). After three years, the property is considered abandoned.


Title: I have been misclassified as an independent contractor (1099) for the last 6 years. If I file an SS-8 form do I run the risk of losing my job?

Question:
And if so, is there a way that one could make an anonymous report to the IRS?
The company I have been working for has dozens of employees on their payroll who are also paid as independent contractors, but are definitely treated like employees.

Answer: You can go to the DoL Wage and Hour Division and file a complaint. They will keep your involvement confidential.


Title: Housing startup has stolen ~$1,700 from me, and likely similar amounts from ~1,000 other tenants.

Question:
PLEASE DO NOT TRY TO IDENTIFY THE STARTUP, I DON'T WANT THIS LOCKED

&#x200B;

I pay rent to a startup that essentially just provides a roommate matching service and provides a room divider for the room. I pay rent to the startup, who in turn pays my direct landlord (luxury apartment building). On March 27, they sent an email to tenants telling us that they no longer would be handling payment, and we need to pay our apartment complex directly on April 1st, for April's rent. This gave tenants 4 days to pay another round of rent on April 1.

&#x200B;

The issue is that I had already paid the startup for March 15 - April 15. So, they have to refund me the rent for April 1-15, plus my security deposit with them. However, they deducted a bunch of "deposits" and "fees" from the rent I paid, before refunding me. **They've taken out \~$1,700 in fees before refunding me. It is pretty clear that rather than tell tenants to pay a reduced amount of rent for March, they intentionally allowed tenants to overpay for March-April, so that they could then take as much money as they decided out of those payments.** I'm guessing that with $1,000+ tenants, they generated $1M+ doing this. I should note that the startup admitted they laid off most of their staff, so it sounds like there is definitely an incentive for them to try and float some cash from their tenants.

&#x200B;

The fees and deposits that they are charging are clearly in violation of the Service Agreement that I signed with them. I sent them a very organized and detailed email with the Service Agreement attached, and referenced where it was clear the fees and deposits should not exist. Their response is incredibly hand-wavy, and in one instance, they claimed the Service Agreement was an "error". I pointed out in my Service Agreement, there was a blank space next to "Fees" that is set to $0.0.

&#x200B;

* **My email:** "Please see **Section III A.** "Fees" is clearly set to $0.0. This does not at all align with the $\[REDACTED\] of "future service fees" in your email. Per the Service Agreement, we do not agree to any fees that were not included in the document, and we expect that "future service fees" are paid back to us now."
* **Their response:** "In the Service Agreement you sent over, it appears that the monthly payment is set to $0 in error since you monthly payment has clearly been $\[REDACTED\]. The service fee, which is 5-10% of the overall rent, still stands unfortunately, and future service fees are calculated based on the remaining months that you have. Our calculation of the outstanding service fees is consistent with every residents and we cannot return these funds."

&#x200B;

If I have the Service Agreement on my side, and they are plain disagreeing with some parts, and saying other parts were written in "error", what actions can I take?

&#x200B;

Note that they are not a landlord, I have a separate lease with my building directly. From the Service Agreement: *\[STARTUP\] is not a property manager or landlord, and this Agreement does not create or constitute a landlord-tenant or agency relationship between You and \[STARTUP\].*

Answer:
 So my guess is you're aware of the post from a few days ago about this company, either that or it's one hell of a coincidence. If you have the money and time, you can touch with a lawyer and have them start the process for getting your money back through civil litigation, ie, a lawsuit. You might also keep your eye out for a probably class action against this company, but that assumes by the time a class action finishes, they have money to pay anyone.

Any "error" on the service agreement is meaningless. Both parties agreed to the service terms as written. They don't get to change their minds and take your money after the fact.


Title: Broker lied about NYC apartment, can I get my money back?

Question:
Hi everyone,
I feel quite upset about the situation I'm stuck in and would really appreciate some advice.

I was looking for apartments in Brooklyn NY and I met a broker who showed me an amazing apartment. At the time, I was told to put down a credit check fee for me and my bf($200) and a deposit equal to one months rent($1750). He had some forms for me to sign which stated that I could not get the deposit back(I can't remember the specifics of that form but I thought this was standard in case the renter changed their mind etc)

Fast forward to today, I was told to contact the landlord to schedule a lease signing and that's when I found out the broker had been shady. The broker had mentioned that 'it is a rent-stabilized building' but failed to mention it was specifically a 'deregulatized unit'. Also he mentioned that 'you'd have to sign some bedbug forms' but did NOT tell me it would be about an INFESTATION.(I assumed it would be for an exterminator or something) A lot of the parts of the apartment that the broker said was going to get renovated is not getting done.

Also I called the Housing Authorities to ask about this absurd situation about if there even is a thing called deregularized unit in a rent-stabilized building. They told me I should ask my landlord about previous rent records to see if the rent was ever more than $2000, which in that case it would have been deregularized. I called the landlords office to ask to see these records and they outright refused.

What rights do I have in this situation? Can I even get my deposit and credit check fees back? I feel like the broker purposefully omitted crucial points about the apartment and then now I'm stuck where I am approved for an apartment that does not fit the original description... And also I do not have record of the broker saying all these things to help me.

Help! :(

**TLDR**: Broker was shady, apartment not as described, now stuck with shitty leasing office and my deposit fee is hostage.

*edited for clarity

Answer:
 *sigh*

First time renting in the city, huh?  [Read this](http://www.nycrgb.org/html/resources/faq/rents.html) and it should answer all your questions about stabilization, rent rolls, preferential rates, overcharges and deregulation.

If you still have issues afterwards, come on back and ask.


Title: [CA] Can I be charged for "fighting words" for anti-Islam comments?

Question:
I thought speech is protected under the first amendment unless you make threats like I'll kill you, but apparently there are these "fighting words" exceptions that I'm just learning about now although it's so confusing.

Long story short, I have this neighbor who harasses and annoys me and has made comments about my ethnicity (I guess he brought his old world conflicts when immigrating here), so during one of the last arguments I told him in a loud voice f your Mohammed and then he's saying I'll sue you, report you to police, etc. He may have been recording I don't know.

Realistically, can I be charged for "fighting words" and what are the consequences? I mean this is really stupid. I'm not the one who instigates it, so I'm expected to keep my mouth shut and take abuse to avoid the "fighting words" exception to free speech? I never threatened, said I'm going to kill you or things like that, but did use vulgar words.

Hypothetically if I am attacked physically I have to remain calm and take the punches and kicks?

Appreciate any feedback, thanks.

Answer:
 "Fighting words" is something that technically exists but in practice doesn't.  Its only ever been used once, and that was to convict someone who was about to cause a riot because, at the height of the debate on whether to intervene in WWII, he decided to sit on a street corner and call people Nazi's for saluting the flag.  There is no documented case of someone having been punished for fighting words since.  Its not something you need to worry about.

If you are attacked you can defend yourself.  Given that you think he may be litigious it would be best if you simply avoided all contact with this person.  Or if that fails, record what he's doing and apply for a restraining order against him if its severe enough.Answer #2: It's not illegal nor actionable in the U.S. to insult any and all religious figures.


Title: Help! Girlfriend Getting Fired from Service Job - Company Owes Her $800+ in Back Hourly Wages (AZ)

Question:
My girlfriend is worried that she might be losing her bartending job.  She's been with the company for 6 months and hasn't once received a check for her hourly wages in that time.  Based on a text from her manager, she's expecting to be let go and is still owed a significant amount of money.  What are her options for recovering her back pay in the event she gets let go?

We're in Arizona and she has all of her schedules saved from the workplace and has documented all of her hours and has sent multiple inquiries about her hourly pay.

Answer:
 She has worked for the company for six months without getting paid?  I don't quite believe this.

She should contact the state Department of Labor, which can investigate, get her paid, and probably fine the employer.


Title: My wedding reception lost electricity halfway through, due to a party next door releasing balloons that blew a transformer. We tried to keep things going, but ended the whole thing one hour early because of the Texas heat (no AC). The wedding venue is only offering a few hundred as compensation

Question: I am looking for half of my venue fees back, seeing how they were unable to provide me services promised They are saying that I initialed a document releasing them from liability from "acts of god." What can I do?

Answer:
 I think you would have better luck suing the party that released the balloons, claiming that they were being negligent in doing so, and they caused you damages.

The venue provided you the service.  And, they couldn't reasonably foresee the other party releasing the balloons, and I doubt they could practically do anything to correct the problem in under an hour.Answer #2: Did they have any authority over the party that caused the incident?


Title: Foreign student battling unreasonable + unsafe Covid-19 policies that say 'stay in the US or you are off the course'

Question:
I am a foreign student (from the UK) completing a work placement masters in midtown NYC and feel like I am being held hostage here by my program organiser.

The masters is made up of two parts: 1. A fulltime work placement. 2. Classroom-based study.

My placement company is being proactive, they have just initiated a 2-week work from home policy and have agreed for me to complete this 2-week window from home in the UK. They have been very supportive.

However, my program organiser is not so supportive, they:

1. Have *"strongly advise(d) against* ***ANY*** *international travel at this time.  We cannot guarantee that you will be permitted back into the country, allowed back into the shared accommodation, or be able to return to your placement.  Consequently, the ability to continue your program will very likely be at risk.*
2. Forcing us to travel into the city to sit the classes in person and are not offering any online study alternatives... There are only six of us in my module.
3. Have a new intake of foreign students next week that will join the course and share our accommodation.
4. Have recommended that if one person shows symptoms,  the entire flat should "self-isolate" for 14 days!

As you can appreciate, my feelings of unease towards getting trapped and isolated in the US are causing some serious anxieties. I want to be able to go back to the UK to work and study remotely. I do not want to be stuck and away from my family if things get worse and travel becomes impossible. I am aware, as it stands, there will be classroom-based sessions that I would miss, but I believe the organiser should be more flexible and offer an online alternative. I cannot afford to be kicked from the program so I would greatly appreciate any advice on how I could protect my place, where I would legally stand if flew home and what would happen if I was unable to get back in due to issues outside of my control.

Answer:
 There is no legal way to force your university to let you go abroad then guarantee you can get right back in the classroom when you return.

Stay in US, or you may be off the course - sorry.


Title: I want to refuse visitation to non-custodial parent because I fear the child may be harmed (MI)

Question: There have been problems with the father since day 1. However, nothing that a judge cared about. Until now- someone threw a rock threw a window in my house which sprayed me and the baby all over with glass. Thankfully he was fine. I have reason to believe the father or a member of his family, most likely his sister did this. But the only "evidence" I have is facebook posts from the sister blaming me for not being able see her nephew when she wanted and words from mutual friends saying she calls me a bitch and whatnot. I do not believe my child will be safe to go back to that environment following these events, but I'm afraid I have nowhere to stand as I have no definitive proof it was them. What can I do?

Answer: Sounds to me like you were the target of the rock at your house. Why would that put your *baby* in danger at his *father's* house?