Title: My uncle (50) is filing for divorce and his wife (41) is telling him to move out. They have 2 young kids. What are his options?

Question:
Hi Everyone,

*I'm posting this to both* r/legaladvice *and* r/Divorce*.*

I received a call from my uncle David, 50, yesterday, who I speak to only a handful of times a year, telling me he is going to file for divorce from his wife Amanda, 41, of roughly 12 years. They have a 6 year old son and a 6 month old daughter. David and his wife have always had a tumultuous relationship and the impending divorce is not a surprise to my family. In fact, we were surprised it did not happen sooner. By the way, we live in the Bay Area (California).

During our phone conversation, David lamented about his failed relationship, the fact that his wife no longer loves him, and how she has chosen her sister over him. Some background – my uncle and his immediate family (wife, son, daughter) live in a 2 bedroom apartment. For the last couple years, they’ve been housing Amanda’s oldest sister and her sister’s son because the sister got divorced a couple years ago. The sister does not work and baby sits from time to time to “help out” and does not contribute financially. My uncle and the sister do not get along and it’s put added pressure to an already strained relationship.

**Now, the issue at hand is Amanda is asking David to move out despite his name being on the lease**. I’ve cautioned him from doing this as it **looks really bad optically for the father to move out**. It can be misconstrued as him abandoning his family. And all the while he would be liable for paying the rent and another place. My understanding is legally he does not have to move out. In fact, I’m quite sure the sister and her son’s names are not on the lease, so he could probably tell the leasing office and get them to move out.

**I told him to weather the storm for a short while longer and get a divorce attorney to ensure he does things properly and document everything.**

**What advice can I offer him at this time?**

I am meeting with him over the next two days at my mom’s along with other family members to figure out what the next best steps are for him.

Thanks in advance for all the help! And Happy Holidays!

Answer:
 > I’ve cautioned him from doing this as it looks really bad optically for the father to move out. It can be misconstrued as him abandoning his family.

You should stop giving him advice.  This isn't 1952, and nobody, much less a judge, would "misconstrue" any such thing.  All divorce is no-fault in California.  Unless he moves out and stops contacting the kids for the next year, nobody would construe it as "abandonment."  People move out when they file for divorce.  This is normal. It's even more normal when the marital home is an apartment and equity or ownership will never be an issue.

He should get an attorney and listen to their advice.  In the meantime, if he chooses to stay in the home after filing, he needs to make absolutely sure there are no arguments or strife in front of the kids.


Title: Women won't leave my efficiency after I've put an eviction notice.

Question: I let someone move into my efficiency and pay $600 a month, I made her security deposit $350, she has been causing several issues like doing drugs in my backyard and bringing several different men over, putting my underage daughter in danger while she's home. I told this woman she has a deadline (November 6th) to be out, she refused to leave so I called the police who said she would need an eviction notice. I was able to get an eviction notice and put it to her door, I even agreed to giving her back the deposit if she just left!!! She will not leave, what can I do??? The cops are just going to tell me I need to go to court, I'm assuming, which takes so much more time. Is there any other option?

Answer:
 you have to go through the eviction process.

putting up an eviction notice is step 1.

filing a unlawful detainer court case is step 2.

https://www.landlordology.com/tenant-eviction/

it sounds like she's renting from you in a place you owner occupy.  in some states, if she's the only renter and you owner occupy. that qualifies her as a lodger and not a tenant.  there are different rules for lodgers.  for lodgers, you can just kick them out yourself without going through court.  so look up your state laws.

Answer #2: You must legally evict your tenant. You have to give notice to vacate, usually 30 days but depends on location. Once the 30 days have finished, you can file for eviction. Once that has been accomplished through the court, she may be forced to leave or removed.


Title: [Colorado] Surgeon told me that my procedure was authorized by my insurance company. Come to find out a year later that the insurance company didn't authorize it.

Question:
After a few consultations with the surgeon, she gave me the go-ahead to schedule my surgery since they got the approval from my insurance company. I went through with the surgery in February 2016, but almost a year later I got a call from the hospital saying that I need to pay almost $19k. After speaking with the surgeon's medical assistant, the hospital's billing department, and my insurance company, it looks like the surgery had at no point been authorized by my insurance company. I clearly wouldn't have gone through with the surgery if I knew insurance wouldnt have covered it, but I had been told by my surgeon's office that everything was good to go with the insurance company.

Ever since I found out ive been trying to get it sorted out as quickly as possible, but the hospital has apparently sent my account to collections. So now my credit score is going to take a nose dive because they have taken too long to sort out their fuck up.

Do I have any legal recourse for a) making the surgeon pay the surgery fees, and b) some sort of compensation since it has now affected my credit?

Answer:
 I'm afraid you have no recourse. This sucks for you, and is a sign of our broken health system, but legally it was your responsibility to follow up with your insurance directly and make sure before committing to the procedure.

You should reach out to your insurance anyway and find out if there is any way they could contribute. They can say no (and probably will) but it's worth asking. Then work with the collections agency on a much reduced payoff. Check the relevant parts of the wiki on /r/personalfinance


Title: Can a venue stop me entering the crowd at a gig because I use a wheelchair?

Question: Title basically, I'm at a gig and I've been forced in to a shitty disabled area for my own safety. I'm so used to gig crowds already, it's not like the wheelchair is a new thing. Is it not my place to choose what I can do, or do I not have a leg to stand on?

Answer:
 A lot of factors here, try r/legaladviceuk in the US ADA and or fire codes govern situations like this and with limited info it may be a liability issue? Answer #2: >Is it not my place to choose what I can do, or do I not have a leg to stand on?

Not a lawyer nor in the UK, but I just wanted to give you something to consider- YOU can choose what you deem a risk for yourself, but what about everyone else in the venue?  Someone tripping or falling into your wheelchair is a risk to them, and thus the venue.  This isn't about what risks *you're* willing to take, it's likely more about what your subjecting others to by doing so.

TL;DR it's for everyone's safety, not yours specifically.


Title: Does insider TECHNICAL knowledge count for insider trading?

Question:
I was just working to resolve a bug for my company (this company has approximately the same market cap as Rosetta Stone for an understanding of size, although the actual company I will leave anonymous) and during my dive into the company's database I discovered a rather disturbing fact:

they store passwords using unsalted MD5 hashes

For those who don't know computers or algorithms, that basically means if someone gained unauthorized access to our databases they could crack 99% of user's passwords in a few minutes and the remaining passwords (the really "secure" ones) would take a few hours tops. With these passwords they would gain access to some very private information that could lead to serious lawsuits and bankruptcy for my company.

I've of course done the proper thing and reported this to upper management and sent a few frantic emails about the importance of getting this fixed ASAP, however in the immediate future while I wait out the slow corporate process I'm considering dumping all of my stock in this company as the fear of a lawsuit is very real to me right now.

My question is: does this kind of internal technical knowledge qualify as "insider knowledge" when it comes to stock transactions? Would I get in trouble with the SEC?

Answer:
 Yes, in the US, if you have any material knowledge not available to the public, that is insider knowledge.

Secondly, it would be premature to cash out on this basis.  Are you saying that their database is exposed to the DMZ?  While the use of unsalted MD5 is foolish, if the attack surface is sufficiently protected, then your escalation of the security issue has some time to correct the issue.  There are organizations out there who continue to store their user information in plaintext, so feel at least grateful you're not in that boat.Answer #2: You have information that is *non-public*, but it is not *material*.

Using weak/broken cryptography, while it implies poor leadership/management, is not going to directly affect the stock price.

If there was an actual security breach, *that* could be information illegal to trade on.

IANAL, but just because I know the CEO keeps his password on a sticky note under his keyboard doesn't mean I can't sell my stock in that company.


Title: Car Insurance Bull Shit

Question:
Indianapolis Indiana
So I was in a car wreck a few months ago. It was pretty cut and dry his fault. Now I know insurance can be pretty shitty but completely legal when they try to get out of claims. This company took a month to go to the impound lot and look at my poor totalled volvo. They eventually did go look at it and then said they will give us 800 dollars because it had been rear ended in the accident and they arent liable for that. So your probably thinking well thats true there client didnt cause that damage, but the thing is this damage does not exist. They strait up lied about it. Its not in the police report that soeone rear ended me. No witnesses say it happened. His company just made this up. And i cant even prove it cause they told the impound lot that after they looked at it it was to be destroyed. At this point i had not even signed my tital over to the lot because i didnt want my car destroyed before my claim was paid out. Do I have any legal recourse?
also his company wont pay my medical bills either.

Answer:
 Did you take photos of the car after the accident?  This is why you take photos of the car.

If you're unhappy with the money the other driver's insurance is paying you, then you sue the other driver. Small claims court in Indiana has a limit of $6000, if it's below that amount, it will be a million times easier for you and you won't have to involve a lawyer. You are allowed to have an attorney represent you in small claims court in Indiana, so this guy's insurance company will probably send someone, so watch out for that. I really hope you took photos of the car, because you'll have to prove that they are lying about the rear ending.  (What it sounds like is they're saying there was a ton of pre-existing damage, so the car wasn't worth much).

So here's how you will figure out your damages:  They totaled your car, so you need to get the blue book value of it at the time of the accident. Even if you were upsidedown on payments, all you get is the value of the car.  Then you need to compile all of your out-of-pocket expenses for the doctor's office.  Talley that up.  If it's <$6000 (or if it's close, you can cap it yourself at $6000 to stay in small claims) then you'll file a case in small claims court.   If it's a couple thousand more than that, you'll want to contact an attorney.


Title: Ownership has switched hands. Raising rent over $150. North Carolina

Question:
My husband (36M), and I (40F) have been renting an apartment in North Carolina since March.  The term of our lease was for one yr but the complex was sold to new owners.  The new owners are now terminating the lease of everyone in the building and are raising the rent over 150 dollars.  They are stating that tenants must sign the new lease or move out.  If moving, we must give them 60 days notice per the old lease terms.  If we want to move out by the end of the month can we legally do that?

Tl;dr: Because the new owners violated the lease agreement, can we legally move out with no legal ramifications?

Answer: No they cannot just terminate your lease. That's not legal. They have to abide by the terms of the fixed term lease you signed until March 2019. Answer #2: They can't unilaterally terminate the lease and demand higher rent. However, if you are looking to move out now, it sounds like the new owners have given you a window to do so. If you both agree to terminate the lease, you may. Just make sure that you not agreeing to any termination fees.


Title: A debt collector is attempting to collect $8,000 US from when I was 12 yo.

Question:
Like the title states, a debt collector called wanting me to set up a payment plan on a medical bill from when I was 12. At the time, I was covered under my parents (specifically father's) insurance at the time. Am I responsible for this debt now that I am over 21 years old? I have not payed a single thing on this debt.
Topic:
Insurance

Answer:
 Ohio has a statute of limitations of 6 years for debts in general, counting from when the debt occurred or the last payment was made.

That being said, I don't believe that you could be held responsible for that anyway.  Get the address of the debt collector and request a verification of the debt, which may shut things down.  I'd also see if you can get in contact with CC and find out what's going on, they're usually above board on things like this, though it can vary.

Do not tell anyone that you're responsible for the debt, and certainly don't offer to make payments, as this could possibly be seen as acknowledging that you're responsible.

(also, title says 12, then you state 15...hard to tell from that if you're way past the 6 years of right on the edge)


Title: [Florida] My downstairs neighbor smokes, the smell comes into my unit

Question:
State is Florida. Orange County. **Condo Complex**.

I live in the second story of a 2-story condo building. My downstairs neighbor smokes inside their unit, and the smell of cigarettes permeates up into my unit. I am at a loss of what to do, I've done everything I can do on my own including spending $150 on an air purifier.

Virtually all of my belongings smell like cigarette smoke, clothing, bedsheets, furniture, curtains, **everything**. My boyfriend has asthma and previous to moving in with me, did not.

I have not brought up the issue with my HOA. Sadly, they're another story completely but the long and short is I've been six weeks without physical access to the portion of my unit where my W/D unit is; I digress.

I also have not taken this up with the neighbor directly as I know that they do more than smoke cigarettes in the unit, and from what I hear on a daily basis it's basically a constant Domestic Dispute in progress whenever the female "tenant" and the boyfriend who "doesn't exist" are home.

I've never dealt with an issue like this and need advice on proceeding further. I realize I can call the cops for the domestic dispute sounding stuff and the constant noise until 1-2-3am but, again these people sound violent and I do not own a firearm.

Answer:
 Are you allowed to smoke in your units? Are either of you renting? Answer #2: If there is no rules on smoking there isn't much you can do. I had to move because my neighbor was heavy smoker. Answer #3: You need to see if its a smoking building or not.

I have had the same problems at times when I would stay in apartments. Get a small 80MM computer fan with high static pressure and a 12v wall wort from a thrift store put it in a window sealing it off with cardboard and tape blowing in not out. It will work if you use one per room, use fans with higher static pressure from sites like ncix.com read the description of the fan make sure you get the right ones. Its not legal advise but it will solve the problem till you take other actions or find out if you even can. you really need to do a good job of taping up the window and making its still secure or it wont work.


Title: Victim of a Robbery - investigators for the Defense

Question:
[New York City]

My girlfriend was robbed at knifepoint while at work back in May. Through a series of photo-lineups, an eventual arrest was made. 4 of the 5 victims (from various other robberies) positively identified the assailant (he wore no disguise or mask during all of the robberies, and had some recognizable physical characteristics), there is a lot of video surveillance from cabs and retail stores of the robber and his accomplice using my girlfriend's credit cards, and when he was arrested he still had my girlfriends Metrocard in his wallet (...for some reason. it was long since expired), which they were able to figure out thanks to a receipt.

My real question is about what happened a few weeks ago. She was approached at work by two men who identified themselves as investigators for the defense. They were very pushy and insensitive about the whole issue and really wanted to interview my girlfriend about the incident. She is still very shaken up about the robbery, and felt harassed by the investigators. Her boss was thankfully there and asked them to leave, but not before they very insistently asked my girlfriend to talk to them when her boss was not present.

**My question is:** Is she under any obligation to speak to the defense team? Is there any reason speaking to them would help or hinder the prosecution? She spoke to the ADA assigned to the case and he declined to give her any advice as he is on the case. She just wants to know what the best thing to do moving forward is. For her own piece of mind, she doesn't really want to be talking about this or thinking about it as it was traumatic and she's trying to move past it.

thanks for any and all advice!

Edit: formatting

Answer: No. She is under absolutely no obligation to speak to the defense team. She does not need to speak with anyone but her own attorney and the ADA assigned to the case.


Title: If i kill someone on the moon, is it illegal?

Question: Also, at what point in the air would you be considered out of nation. Would it be out of stratosphere, or out of atmosphere where you're out of national boundaries?

Answer: Maritime laws would presumably apply, in which case, yes. You’d be tried by the country that launched the mission, the country you’re from or the country the victim’s from.


Title: Worried about possibly soliciting prostitution

Question: Im a fucking idiot and matched with a girl on tinder who messaged me saying she does pay for play. I texted on the app for a bit asking about what she would and wouldnt do, she then said to me asking for a specific act that it would be some amount of money, and i replied with another offer, before she could reply i unmatched with her since i never had any intent to actually doing anything or sending money. I only did this thinking that talking about it wasnt illegal, but now a almost a week later i now know solicting prostitution is illegal. I am incredibly worried and scared that the girl was possibly police and that they are going to come for me and press charges. There was nothing to indicate it was a cop, especially since she kept saying no to things like vaginal/anal/swallowing when i asked her about them. Anyways, im just insanely scared that they're going to come after me and my life is going to be over.

Answer:
 First, the odds of matching with a random cop and getting stuck into a prostitution sting are so close to zero that you need advanced statistical techniques to measure them.

Second, even if that had been a cop, it doesn't do anyone any good to wait a full week after the fact to send you a citation or a summons to appear.

The usual advice about suspects applies, here: don't talk to the cops if they want to talk to you. Otherwise, move on. You'll be fine - realistically, the nothing that has happened so far is all that's going to happen.


Title: [Canada, Sk] Can my employer fire me for refusing to relocate for 6+ months for work?

Question: [deleted]

Answer: Depending on the fact this *could* be considered constructive dismissal.


Title: There is a private video on Youtube that contains evidence for a trial. What can I do? [EU/Hungary]

Question: So there was this video that once was public but unfortunately noone downloaded it. Since that it became private (we still have the URL), but of course, we can't download it. What can we do?

Answer:
 Who are you in this situation?  What's your role in the case?

The courts can likely issue an order to someone compelling production of the video.


Title: Retailer gave me written promise to refund money and is now avoiding me. Tampa

Question: I purchased a $500 rug with my girlfriend. The rug was damaged when we got it home so we brought it back. The store owner took the rug back and said she does not have the money to refund today, so she wrote an IOU for the first of the month. Now she is refusing to pay the money she owes us. The store owner is located near Tampa, what can I do?

Answer: Sue her in small claims court.


Title: [WA State] Please vet my letter to my landlord disputing the charges for carpet damage

Question: [deleted]

Answer: This forum is not for giving you specific legal advice.  People here would be unwise to provide it, and you would be unwise to rely on it.Answer #2: Way too verbose; lose the analogy, your attempt to explain the law, the blatant admission of culpability and your attempt to provide them with legal advice. You can cut out 80% of it easily.


Title: [california] employer using cameras to watch employees

Question: I work minimum wage in food service and my employer informed all the workers that they can watch us on the surveillance system to make sure we are doing our job. Is this legal? Or does there need to be a reason to watch the tapes, like if they suspect someone is stealing. Thank you for any help.

Answer:
 They can watch.

Its a bit of bluster though. Any decent manager should be out on the floor supervising. Answer #2: Basically as long as no camera is pointed in a restroom it is legal.


Title: 16 year old filing a restraining order on abusive 18 year old sibling

Question:
Hello Reddit,

Is it legal for a 16 year old to file a restraining order on a physically, verbally, and emotionally abusive 18 year old sibling?
Topic:
Custody Divorce and Family

Answer: If they live together with her parents, then the way to resolve this is through conversations with the parents. Attempting to obtain a restraining order will most likely result in the judge bringing them in anyways. So best bet is to go through them.


Title: I have been swiping into a dining hall at my university without a meal plan. It keeps working.

Question:
I no longer have a meal plan, but I decided to risk it one day and try to swipe in anyway. Here's how it works:

1. I walk up to the student employees at the register.
2. They ask, "For here or to go," and I respond with either choice.
3. I hand them my student ID card, and they swipe it.
4. They hand it back to me, and let me in.
5. I eat for free.

There is no error message and I have heard "there is no way to tell if you actually have swipes."

If they were to somehow notice that I have been doing this (every day now), who is at fault? That is, can they hold me responsible, make me pay, etc. since it is their computer and their employees who don't reject my card.

I am technically following all proper procedures (except having a meal plan).

LOCATION: USA

Answer:
 > That is, can they hold me responsible, make me pay, etc. since it is their computer and their employees who don't reject my card.

Yes, they can charge you for what you've taken. They could also do a lot of other things you won't appreciate like kick you out of school and have you prosecuted for theft.

> I am technically following all proper procedures (except having a meal plan).

You are stealing.Answer #2: Well they may end up charging you after they figure it out.


Title: My roommate and I signed one lease together, lease is up in July, I'm moving out but roommate is staying for month-to-month. Can I get my name off the lease?

Question:
As the title says, my roommate and I signed a lease together as one party last year.  We're in Tennessee.  The lease is up July 31.  My roommate isn't moving out and plans on letting it turn into month-to-month.  I do not want to stay here after July 31, but I don't mind if he does.  I just want my name off the lease when the original agreement ends.  Since we signed together as one party, would I be able to do that?  Our lease only says that if we don't give 30 days notice, it switches to an at-will agreement with the same regulations and standards set forth by the lease for the original term.  Nothing specific about taking only one name off or what could happen in this situation.

I went to my leasing office today to speak to them but they were closed for some reason.  I'm going back on Monday.  The ~~slumlords~~ people in the rental company aren't the most, uh, accommodating or reasonable bunch, and I can absolutely see them saying that I can't do it.  Is there any kind of legal protection I might have in this situation?

Answer: You, your roommate and your landlord would have to sign you off the lease. Get something in writting that you are signed off. You have no legal way to force them to sign you off.


Title: If my manager says he won't hire gay people, can he be reported in Oklahoma?

Answer:
 Sexuality is not a protected class in Oklahoma.

Saying he won't hire gay people, or explicitly firing someone because they are gay, is 100% legal.

Vote in your local elections and write your congressman if you want that to change.


Title: Realtor is claiming finding an apartment through Trulia is binding.

Question:
Hello! In NYC for the time being, all realtor fees have to be paid by the landlord vs. the tenant. I recently signed a lease with my new landlord with a realtor present and he charged me a month for realtor fees. At this meeting I only signed the lease and no other contract. Check was written 2/1/2020. When my realtor responded he claimed that the apartment was found through Trulia and therefore I legally chose my agent via the website. Therefore he is trying to say the realtor was working on my behalf. I have tried to reach out to a few real estate lawyers without any real clarification.

&#x200B;

Any real estate laywers have insight? Greatly appreciated!

Answer: Interested in a response to this! New rent laws FORBID brokers from charging tenants a broker fee, and they’re claiming that simply inquiring about a listing means that they’re acting as a tenant’s agent in the transaction, which is false.


Title: Divorce when dad is friends with all the judges?

Question:
My mother and father are getting divorced after 20+ years of marriage. She is disabled and they moved to a new state last year because father got new job. Mother's disability is severe and she can't take care of herself. I'm helping as much as possible.

The main thing I'm concerned about, however, is father a has very high position in the county and is friends with all the judges.  There's extreme hostility between the parents.

Is there any way for her to avoid being put in this situation where her name will be dragged through the mud and then the case will be judged by the father's friend/co-worker?

State: California
Topic:
Disability Issues

Answer: She can ask the judges to recuse from the case, and they'll find a different judge to hear it.


Title: TACO BELL CHARGES FOR WATER CUP THEN I CAN GET SODA?

Question: I sometimes stop by a taco bell to get water. A free cup is given and I fill it with water. Every once in awhile if I have cash I'll get a soda. They now started charging me for the small water cup, frustrated I filled it with soda as a "protest" but also in the matter that if I pay for a cup I can fill it with whatever is available on the soda tap because I am now a customer. Where do you stand on this and what advice would you give me? Is it legal for me to do?

Answer: No. if you pay for water, you get water. If you pay for water but take soda (which is presumably more expensive), then you're stealing. Answer #2: If you are not paying for a carbonated beverage you are stealing. Answer #3: Why would you think this is okay? If it was any other product would you think paying for one thing but taking another more expensive thing was okay?


Title: (CA) I lost my copy of the warranty and the dealership says their dog ate it.

Question:
I bought used car under warranty (Used Car Buyers Guide)

Had trouble with car

Mechanic says: The head is blown

I can't find my copy of the warranty but it expires soon (Is now past expiration)

I notify dealer and deliver car to dealership before warranty expires

Dealer’s mechanic says: blown head gasket

Dealer says they have no record of warranty

I read Civil Code Sections 1792-1795.8. Which lead me to believe the “Buyers Guide” agreement, is required by law? It should specify whether the car was to be purchased AS-IS or under a warranty of some kind. They implied that since they can’t find a warranty there must not be one … Is it a breach of contract? The warranty of merchantability is actually part of the contract riiight?

Am I right? Wrong? If you need any more info in order to answer properly let me know.

Thanks

Answer:
 Even if they have no warranty they should absolutely have a Buyer's Guide saying it was sold AS-IS with your signature on it. IN VA you have to keep that stuff for 5 years. Also, In VA you have to sign on the Buyer's Order that it is AS-IS as well.

A few things you can do. Call the Motor Vehicle Dealer Board for your location and report this. The Dealer Board can revoke their license which will motivate even the worst of us out there. Second thing is to pay an attorney to draft a letter and then if still no action you can take them to court (possible small claims if the amount is small enough)


Title: Landlord banning overnight guests [CA]

Question:
(California)

I'm on my way to visit a friend of mine for a few days. She just moved into a new place in CA.  It's a garage converted into a one-bedroom apartment, and the landlord lives in the house. Apparently the lease has a clause which prohibits overnight guests. Is this legal?

Answer: They can prohibit extended overnight guests, but not all overnight guests. The guests cannot establish tenancy. Generally speaking, that is somewhere between more than one week and one month.


Title: [CO] friend tried to work the system at a big box chain and lost, what to do now?

Question: [deleted]

Answer:
 Stealing is not "working the system".Answer #2: Legal shield doesn't cover criminal defense.

And that's theft. Don't sugar coat it.


Title: (TX) 12 year old wishes to live with Mom full time and choose when he sees his dad. Will a judge even hear this out?

Question:
He just turned twelve and heard from one of his friends that he can talk to a judge about where he wants to live. I looked it up and it looks possible with a lawyers help? Is it even worth the hassle? His reasons are he doesn't feel he is treated fairly or with respect at father's house and that his mother's house feels more complete and understanding even though it is harder there discipline wise. He seems to have a very level head about it despite the young age.

Thanks in advance for any help.

Answer: His mother could petition to modify custody. His wishes may be consulted.


Title: [OK] Need help with wife keeping me from kids. [No Divorce or Legal Seperation]

Question: [deleted]

Answer:
 I'm sorry you are going through this. It sounds like it is a terribly stressful situation. IANAL so I am just offering an outside perspective.

Instead of selling things to move, why not clean the house so she does not have an excuse for the kids not coming back there? Then you wouldn't have to sell anything or move anywhere or stay in unfamiliar places with them.


Title: is someone who is denied daca renewal under new administration permitted to get a work permit if they are residing in a sanctuary city?

Question: My girlfriend was a recipient of DACA a few times since 2012; but due to a misdemeanor she is told she will be denied if she decides to apply again. She told me she has already contacted a few non profit organizations (I forget the names, but they helped her submit her previous applications for DACA) and spoke to a few immigration lawyers she got in contact with through her school. She thinks there is no way that she will be able to work here past the  expiration date of her current one.My question is, where does the role of her living in a sanctuary city play? Could she contact someone in her local government to try to get something figured out, or is it irrelevant at this point? what does living there mean for her?  ( she lives in san jose, ca)

Answer: No. Cities don’t issue work permits. The Department of Homeland Security does. Specifically, USCIS.


Title: Dad has photos of my on Facebook (TX)

Question: So whenever i was a teenager, I ran away from my dad because he was very abusive. I ran away to my grandparents house and CPS and the court system got involved. My father lost custody of me after multiple chances to gain custody of me. At the time I was 14 and now I am 21. I am NOT his friend on Facebook and have not had contact with him for a couple of years (pretty much since I turned 18). I looked him up on Facebook and he has a whole album of photos under my name. These are photos from the age or ~7 until right before he lost custody of me. I really do not want these photos online and I am a minor in the photos. I don't feel comfortable having anything relating the two of us together but do now know how I should go about getting the photos taken down. Is there any way to?

Answer: Unfortunately there isn't much you can do to get them taken down unless the photos of you are ones that you took of yourself, even if you were a minor. If you took any of the photos you can issue a DMCA takedown as you own the copyright. I would recommend just blocking and ignoring his profile.


Title: [GA, US]. Employer wanting tuition reimbursement back. Now they want me to sign a Promisory note. What to do?

Question:
I was with my previous employer for 15 years.  My salary has been very compressed due to my promotion from the plant floor and into higher levels of IT.  I have always been told that since my salary was so low in comparison to my peers, they were lenient with my education and allowed me to get my MBA using the companies tuition reimbursement program. My manager always said he approved this because he felt I was underpaid.

I graduated with my MBA in May of this year, and the contract I signed upon starting my last semester was very lax. Fast forward to now, and have found a job that is paying me substantially more salary than my old job.

When I shown my manager the offer I received from the new company, they wanted to try to match it.  After a day or so of negtotiations, they were able to match the base salary, (which was nearly double what I WAS making) but not a signing bonus, vacation days, quarterly bonus, stocks and benefits.
During the negotiations, the VP informed me that if I stayed,  I wouldn't have to pay them back nearly $21k in tuition reimbursement.

Hearing them use that as a negotiating tool upset me, so I ended up leaving the company on good terms, and working a full notice out and completing several tasks they laid out.

HR contacted me before I had left and wanted me to sign a Promisory note for the 21k, but I said I would have to speak to a lawyer before I signed anything from a previous employer.  She promptly told me "theres no need to do that... I will send this over".

So, I have been gone for 3 weeks now, and I receive an email from my previous employer wanting me to sign a promisory note that is at a .55% interest rate,  over a 6 month period for me to pay back 21k in tuition.  Nearly $3500 per month!

Here is a link to a screenshot of the tuition agreement I signed:  http://i.imgur.com/F9nkieO.png

So, I guess I am asking what I should do?  Should I sign the promisory note and try to find a way to pay the extra 3500 a month? (going to be really tough).  Or do I need to find a way to pay them the money up front (really tough to cough up 21k)...or do I just see what they do and not respond?

How legally binding is that very simple contract?

Answer:
 > How legally binding is that very simple contract?

Very. You agreed to borrow 21k that would be forgiven if you stayed there 1 year. You quit after 3 months. The promissory note is just for backup, they can demand payment based on your agreement and can sue if you fail to pay.

Best position for you, negotiate a longer repayment schedule if you cannot afford it as is.Answer #2: The company invested in your personal capital because they wanted a more productive worker, not for you to leave immediately after your studies completed. This was plainly spelled out in an agreement you signed.

How are you miffed by them asking you to keep your end of a legally binding agreement?Answer #3: You could shop around and see if you can find a loan with more favorable terms and use that to pay them back immediately.


Title: PA workplace situation

Question: I work in pa. Last week I made a complaint to HR about being harassed. Several employees have been harassing me for over a year now. I have made complaints after every instance to my direct supervisor. One of my main complaints was these people continue to make false accusations about me to try to get me fired. After hr did their "investigation" they came back and told me there are several complaints about me. Including how my face looks. That I attempt to intimidate people and stare them down. I'm 6'2" 240lbs bodybuilder type. I am very reserved and don't engage in ANY non work related discussion. I'm being disciplined for things I have never done. My complaint was the fact that this group of people continually gossip and make false accusations about and that's exactly what they found. Instead of correcting that issue they decide that I'm somehow the problem. I feel violated. I'm a white male immigrant married to a black woman. I don't know why they are targeting me but I feel completely attacked and out of options. Now while I'm at work I look straight down at the ground the whole time so no one can say I'm being aggressive. What can I do? This is a lot of stress and bullshit and I feel pretty helpless in all of it. What can I actually do? They gave me paper work to sign saying I was being unprofessional to residents guests and coworkers. Non of that is true. Am i basically screwed right now?

Answer:
 Don't sign the paper. Find a new employer.

That's the short version. The long version is that yes, you can hire a lawyer and fight this tooth and nail. Expect to drop $10k + just to get started, and think abuot what you'd consider a "win".Answer #2: You should find a new place to work where you fit in better.  I strongly suspect this is one of those "only one side of the story" posts and your coworkers and management would have a very different view on the situation.


Title: Post office holding my mail without reason

Question:
I'll try to keep this short. I live in Brooklyn, NY, and my issue is with USPS. Recently some delinquents broke my apartment building's mailbox system and apparently everyone's mail has been sitting at the post office. I went to pick up my week old mail today, just to be told in a very ignorant manner that I can only pick it up on Wednesday or Saturday between 1:30 and 3pm.

What confuses me is the fact that this was only for me. Everyone else picked up their mail and parcels around me without a problem, and this employee would have given me my mail had I not said that it was there because my mailbox is broken. I do not get it. Why did she not give it to me? She even said it was there, quite rudely, but since it wasn't Wednesday she refused to give it to me and also refused to give me a reason why I had to wait for an arbitrary day and insanely small window of time to come get it.

Is it legal for the post office to hold my mail without reason until they 'decide' when I can have it? If it is, why? And if it isn't, what can I do about it?

edit: I just want to add that this mail decides whether or not I can afford to eat until Wednesday, in case any of you are wondering why I'm so upset about this.

Answer:
  Even for USPS, that's pretty weird.  Ask to speak to the Postmaster. Answer #2: Don't speak to the Postmaster, write a **LETTER** to the Postmaster General.  I cannot stress this enough, they take letter delivery **VERY SERIOUSLY**.  In the past something similar like this happened to me and I wrote a letter (do not send email, do not make phone calls, use a paper letter) addressed to the PMG -- send it via certified mail:

    Postmaster General
    United States Postal Service
    475 L’Enfant Plaza SW
    Washington DC  20260-0010

Within days there were people at that office in suits and everything changed overnight.  I am not a lawyer and this is in no way anything like legal advice (hope that's obvious).


Title: Son injured (broken wrist) at school gym, which has very little padding.

Question: [deleted]

Answer:
 You can request whatever you want.

The chances of you successfully suing the school after your kid ran into a giant wall is approximately zero.  Answer #2: Did the wall hide, then jump out in front of him unexpectedly?Answer #3: Gyms in middle and high schools do not usually have padded walls (or floors).  To sue successfully, you would have to show the school breached a duty.  I don't think you can establish a legal duty to have padded walls.

Kids getting injuries like this is a predictable part of growing up.  It's why you have health insurance.


Title: Undo name change from marriage without a divorce, California

Question:
I got married last month. I love him and am happy we’re married but I completely regret changing my last name. I felt social pressure to change it and gave in to changing my last name to His last name and my last name.

So our marriage license has me with both our last names but I have not gone through with changing it with social security, the DMV or anything else.

I talked to the County clerks office where we got the marriage license and the person who we signed the document with said the name didn’t change until social security went through. I called in today and another person said that since the marriage license went through and has the two last names that I’d have to go through a legal name change to revert back to my maiden name.

I don’t know what information to trust as I have conflicting info. Where do I find the real information and if there are any costs associated with it? Can I just use my maiden name and not change my social security and anything else and carry on without doing anything to take his name off? I don’t want to accidentally commit fraud or anything. I just don’t want this name anymore and doing a whole name change sounds really overwhelming right now with all the social stigma I’m feeling.
Topic:
Custody Divorce and Family

Answer: In this case your married name functions more like a pen name - you did not change your name with Social Security nor with the DMV, so while there are circumstances in which you can use the married name, your legal name remains unchanged and should be used consistently for any governmental purposes.


Title: Neighbor has pointed surveilance camera at the front of my home. Help?

Question:
I'm sure crazier things have happened on this subreddit, but I figured this would be something y'all might get a kick out of. Skip to the bottom for the majority legal bit of it... just figure to give it some preamble, if it helps\(?\). I'm a twenty\-somthing that's never really dealt with anything legal before, so.... yeah. First time posting here.

For the last couple of years, there's this old lady that'd come around the night before garbage day and go through our recycling. We're a decently knit community \-\- we talk, have bloc parties, etc etc. We have two security cameras set up by and agreed upon by our cul\-de\-sac community, one at the end of the cul\-de\-sac, and one at the front corner, and they're both registered with local police \-\- they were put in after one of the neighbors got their house broken into multiple times \(nothing bad since\). No one in the cul\-de\-sac considered the Recycling Lady a threat, and she kept to herself well enough; hell my grandparents \(who live with us\) even chatted with her a few times. She seemed nice enough, and barely made any sound when going through the recycling \(heck, my window is right above where the recycling is, and I don't get bothered\).

But, my neighbor across the street has this dog that barks at *literally* anything that walks within a hundred feet of their house \(yes, this includes us whenever we do anything with our front yard\). This has been a problem for *years*, to put it lightly; a neighbor moved out because of the noise, even. The dog also barks at the little old lady when she walks around at around 1\-2 AM. About a year ago, \[Mr. Neighbor\] from across the street yelled at her about about how "it's not your responsibility to go through the trash", and "if you come back here, I'm calling the cops. I'M WARNING YOU", and "stop being poor and get a fucking job". I remember this clearly because it woke me up very aggressively, but he didn't get physical with her at the time, he just kinda yelled at her from his doorway. She wasn't even on his side of the street. She was right below my window. Nothing really came of it after that.

Until just this week, when she was on her usual round. Then, I hear \[Mr. Neighbor\] yelling along with what sounds like bags of bottles and cans getting thrown violently around, and the old lady screaming in distress, and I could see camera flashes; he was yelling "you want 'poor', I'll show you poor", "I warned you not to come back here", and a few other things I couldn't entirely make out. She was mostly screaming "fuck you" and "help". The view was partially blocked, but I could make out that he certainly *wasn't* being gentle with her.

So I opened my window and then we screamed at each other at about 2 AM, while the old lady managed to run away with her now\-empty cart:

me: "\[Mr. Neighbor\] FOR THE LOVE OF GOD, IT IS JUST TRASH."

neighbor: "IT'S NOT HER RESPONSIBILITY TO GO THROUGH IT."

me: "IT IS **JUST** TRASH. IT'S NOT EVEN *YOUR* TRASH."

neighbor: "SHE'S BOTHERING \[THE DOG\]!"

me: "IT'S *YOUR* DOG."

neighbor: "I DON'T SEE WHY SHE HAS TO DO THIS SO LATE AT NIGHT."

me: "BECAUSE IT'S *SAFER* FRO \-"

neighbor: \*begins marching up my family's driveway\* "SHE SHOULDN'T BE WALKING AROU \-"

me: "THEN GO LIVE IN A GATED COMMUNITY."

neighbor: "I'VE LIVED HERE FOR 25 YEARS."

me: "FOR FUCK'S SAKE. IT'S JUST TRASH."

neighbor: "IT'S *RECYCLING*. WE'RE HAVING A TALK TOMORROW MORNING."

And I kinda yelled back like a five\-year\-old "okay" and slammed my window. A car filled with what I assume to be her family \(that she's mentioned to my grandparents, and to me before\) took pictures of where the incident occurred, and cleaned up the bags of recycling that'd been thrown around. I didn't see \[Mr. Neighbor\] get back into his house, honestly, I kinda shut the window and blinds immediately after we were yelling, and I only spotted the car and etc because I heard it roll up about ten minutes later.

**THE LEGAL PART OF IT HERE**

He never showed up that next morning. Instead, two days later, he puts up a security camera pointed at the front of my family's home, and is at such an angle that I'm 99&#37; sure that it is looking into my room and my brother's room. I looked the legality of pointing private cameras at peoples' homes in my area, and it looks like it's legal if the camera is looking at something that is publicly visible \(i.e. the front of the house\). My parents have been on good terms with \[Mr. Neighbor's\] family for a long while, and are going to have a chat with him about the camera situation, but I have my reservations about how that's going to turn out.

Is there anything I can do about this legally? If not, or if you don't think I should do anything legally, any suggestions on what to do \(or if there are other subreddits that might be good to post this to\)?
Topic:
Real Estate law

Answer:
 You can call the cops about a dog that's excessively noisy. Answer #2: Is there a way you can put up a barrier for your privacy (that also defeats his purpose of monitoring the recycle bin)?  Is it possible to move the bin?  Maybe collect your recyclables and give them to the lady?

I'd be tempted to start calling the police non-emergency number every time the dog barks loudly at night.  I'd also be tempted to try to solicit other neighbors to do that.

It's not strictly and only an intentional dick move.  We were being neighborly and overlooking something we considered to be a nuisance (the dog barking) until the person who causes the nuisance (Mr. N) started claiming that an innocent party was causing it.  It's hypocritical to hide behind a rule that you yourself violate on a daily basis.


Title: Friend got into a drunk brawl and is only one getting charged.

Question: [removed]

Answer: Your friend needs a lawyer as soon as possible. The lawyer will be the one to say what to do about the situation, and will hopefully get an investigator to try to locate any possible video records of the incident.


Title: Temp agency not reimbursing stolen paychecks. [MA]

Question:
Three weeks worth of paychecks were stolen and cashed fraudulently with a forged signature. I reported the theft to my agency after the first two were cashed, but it took them 24 hours to send me the stop payment form for the third check during which time it was also cashed. They subsequently spent three weeks accusing me of trying to play the system and get paid twice before they *finally* sent me a  forgery affidavit to induce the bank to reimburse my checks. After one month, they told me the affidavit was wrong and that I'd have to fill it out and mail it again to the payroll provider, which I did.

After three month of no update, I demanded access to their written company policy regarding stolen paychecks. They then told me they didn't have one. Around this time, I met my boss at the company I'm contracted out to in order to let them know what was happening and to inform them that I wanted to switch agencies. My agency, after hearing about this, sent an email to my company saying that I never submitted the forgery affidavit(!) and after proving that I did, they finally gave me an update on the investigation. Apparently, turnaround time for stolen paycheck reimbursement is 180 days.

I know that some type of wage theft is going on and I need any advice you can get. This happened five months ago and it still hasn't been resolved. If anyone can give me advice it would be really appreciated.

Answer: If the employer mailed the paychecks on time to the correct address that you gave them, they have fulfilled their obligation. The process to deal with fraud and forged checks goes through the bank and is a fairly long and drawn out process. There isn't much you can do to speed it up. Make sure you complete the affidavits and get them notarized if needed and then the rest is a waiting game. I would make sure you either arrange to pick up any future checks in person or have them direct deposited into a bank account or get a po box in a more secure location.


Title: Property advice

Question:
Hi i am planning a house construction with my boyfriend. We are not married though. The bank has agreed to provide us a housing loan on both our names (50/50) and the property will be on both our names. Since there is no marriage contract i would like to know what are the cons. My boyfriend has a daughter with his ex (never got married to her). What can happen if one of us dies? Can his parents or daughter claim the house or ask for a right on it? What can I do to protect myself in case of death? Thanks

Ps if any information is missing i can clarify.

Answer:
 If you take title to the property as tenants in common then there is generally no right of survivorship. If you pass, then your share will go to your estate or to the person you designate in your will. Same scenario for him.

If you take title to the property as joint tenants with right of survivorship, then the property will pass to the surviving title holders . So if you pass then your share would go to him upon your death. If he passes, then his share would go to you. It would generally not have to go through probate.


Title: I can't stop worrying! pls help

Question: Okay guys I've been losing sleep over something that I just can't stop thinking about. Some kid at my school said he was going to shoot it up, but he was joking and I even asked him and he said it was just a joke and he wouldn't ever do that. Do I have to report that to anyone that he said that? I know he wasn't serious and I don't want to get him in trouble but is it against the law if I don't say anything, even if he did do it would I get in trouble? He was obviously joking that's why I don't wanna say anything. I live in West Virginia.

Answer: Are you a student or employee of school?


Title: [USA] Is it legal to buy and possess mimosa hostilis root bark powder?

Question: [deleted]

Answer:
 Dimethyltryptamine is a controlled substance, under Schedule I. It's illegal to possess in most circumstances, including in the form of DMT-bearing plants.

The full weight of the plant will be considered when laying charges for unauthorized possession of a controlled substance, regardless of the proportion of the weight which is actually DMT.


Title: Brothers ex collects child support but does not live with child

Question:
My brother has a child with a lady who doesn’t not live with the child. The child lives with her parents and he calls them mommy and daddy. Not only does she have that child with my brother but she has another child from another guy which also lives with her parents and not her. I’m not sure is she collects child support on the other child but she does from my brothers kid. Sometimes he falls behind on payment but usually always pays what he owes. I know this information because we go visit the kid sometimes at his grandparents house. She lives with her boyfriend separately, while her two kids live with the grandparents and she collects the child support.

My question is, is there something my brother could do to ensure the money he’s paying is going to his child and not her since she doesn’t live with the kid? What kind of action does he need to take?

Answer: He can file to have support modified or he can file for custody of the child. If he files a modification of support it probably won't mean he doesn't have to pay support, he'll just be paying it to the grandparents instead of the mother.


Title: [Kansas, US] If you booby trap your house while grocery shopping and a burglar dies from a booby trap, can you be charged with manslaughter or go to jail?

Answer: Yes


Title: Can flashing a concealed carry badge to calm someone down after breaking concealment by accident be considered impersonating a police officer?

Question:
First off, the [badge in question](http://picturearchive.gunauction.com/5572191647/11201576/c459385a3e985c042c42ad4999c86c42.jpg)

Scenario: Alice is in line in a grocery store. Alice has a legal concealed carry permit, stored in the above wallet, and she has a handgun on her hip, covered by a jacket. Bob is in line behind her. Alice reaches for something on a shelf, exposing the gun, and Bob gasps and seems to get extremely nervous- maybe me starts muttering about deathsticks and how he feels unsafe now, etc. If Alice takes out her wallet, silently flashes the badge at Bob, and puts it away - Bob now calm, likely assuming she is an officer.

Is this illegally impersonating an officer because Bob almost certainly thinks she is one, or is it legal because it clearly says "concealed carry permit" and is in a wallet next to the concealed carry permit?

Edit: No, I am not planning on doing this, yes I know it's an awful idea, I read [this comment](https://np.reddit.com/r/CCW/comments/5zve9t/i_dont_think_that_the_inventor_of_this_concealed/df1qo6q) and thought it was probably very illegal but wanted to ask.

Answer:
 > Is this illegally impersonating an officer

Almost assuredly yes.  First of all, don't carry this "concealed carry badge".  It holds no weight and just makes you look like a poser.  Second, don't "accidentally" show your weapon.  Carry it concealed, or leave it at home.

Worry more about being a responsible gun owner and less about trying to make people think you're a cop.Answer #2: Other commenters have already said it, but there is no valid reason to carry a pretend badge like that. If a reasonable person seeing it, especially briefly, would have believed that the person showing it was a police officer, and showing it was an intentional action, you're probably guilty.


Title: Money has been deposited in my bank account that I did not deposit

Question:
**Location: Washington, United States**

I noticed the money when I went to check my balance online, $1419.90 had been deposited into my account. I am able to see the deposit slip and it has my account number on it.

What should I do about the money?

Sorry if this is the wrong place to ask.

Edit: Thanks for all the help guys, I'll just call them monday and have them take care of it.

Answer:
 Tell your bank.Answer #2: Don't spend it whatever you do, I know that's a given to most logical people but there are folks out there that believe a bank error can happen in their favorAnswer #3: Don't spend it. Contact your bank.

There is a high chance that even without you contacting your bank the transaction will be reversed (because whoever was supposed to get $1419 *will* sooner or later want to know where their money went).

If you spend it, they can and will come after you for the money.

Not a lawyer, just someone who has seen pretty much identical scenario play out with an acquaintance of mine.Answer #4: Someone has typo'd an account number. Call them Monday morning.


Title: (US) US citizen living in Europe for 3 years, haven't filed my US taxes for 2012 and 2013

Question:
So as the title states, I'm an American living and working in Europe. For those who don't know, the US is one of the only countries (or possibly the only country?) which requires citizens to file a tax return even if you lived and worked in another country for the entire year. Now it's not so bad, because if you're making less than $90K per year then you won't owe anything. But still a pain in the ass to do every year.

Anyway, I decided to say "fuck it" and not file for the past few years. I wouldn't have owed a penny, but I was lazy and stupid. I don't think I'm in any real trouble, but I'd like to finally quiet that nagging voice in my head and get myself sorted with the IRS. However I'm making a very small salary right now compared to the average American salary, so I simply can't afford any big fines. Therefore I'd like to know roughly how much trouble I'm in before I basically turn myself in. So if anyone has knowledge in this area or has been in a similar situation I'd appreciate any advice.

Thanks!

Answer:
 >or possibly the only country?

Eritrea does as well.

There are plenty of accountants who specialize in taxes for expats.  Google around or PM me and I can give you the name of the lady I use.


Title: I don't think my lease agreement prevents me from moving out and taking the security deposit loss, unbearable roommate conditions, would appreciate advice

Question:
Hey all,

I'm living on my own for the first time this year and signed up with roommates I had no idea would be this unbearable. There is no talking with them, and one has created an unbelievably (passively) aggressive environment that I can't live in anymore. It's too much daily stress and aggravation.

[Here's my lease contract](https://imgur.com/a/Fi36u)(it's very short), and the paragraphs relevant to moving out are 1a. and 1b. It only says (as far as I can tell) that he may take immediate ownership of my belongings on the property, and I wouldn't get my security deposit back.

Am I  wrong? Are there penalties I'm not considering? If I just move all of my things out overnight and never come back, leaving nothing here, what do I have to lose? A $275 security deposit is 100% worth the peace of mind I'd have leaving this place. My main concern is what the landlord could do to my credit score/history - can he do anything?

Thanks for any advice.

EDIT: Location is Athens, Georgia.
Topic:
Landlord Tenant Housing

Answer:
 I'm not going to read over your whole lease, but if it's like most every other lease out there, if you move out in the middle of the lease, you're still responsible for the rent every month until the unit is re-rented, or until the lease expires.

And you get the bonus Georgia edition!  In Georgia, a landlord has no duty to mitigate his damages.  This means he doesn't have to make any effort at all in getting the unit re-rented after you leave.  He doesn't have to show it to people, place ads advertising it for rent, etc...

You want to be very very careful about unilaterally breaking a lease in Georgia.Answer #2: NAL you are on the hook for any rent until he gets a new tenant. It may not say that in the lease and it doesn't have to, it's a basic contract principle.


Title: Are there any laws out there that would prevent these US companies that are raising their starting wages from being like “lol, jk” and immediately lowering those wages once they get enough people back?

Answer:
 Keep in mind that re-staffing is expensive, and many businesses are not eager to deliberately drive newly-hired employees right back out the door again purely for financial reasons. Not all problems need legal solutions.

Depending on the magnitude of the wage reduction and how closely timed the change is, it could be construed as constructive dismissal, leaving those companies on the hook for unemployment claims for staff that quit in response as if they had fired those employees outright.

There are a few niche situations where you could make a detrimental reliance claim of some kind, but given the nature of at-will employment, those would be extremely fact-specific. In many cases, the employees' options would be to take it, renegotiate, or walk.


Title: Renting a home is starting to feel like a sham.

Question: We moved into our home (renting) on October the 20th . The home had some previous damage from a hurricane that had just happened weeks prior. The realator assured us they were dealing with the issues and we wouldn't have to wait long for the damages to be fixed. There was a leak above the garage and they had to cut a big piece of sheetrock out in the garage and they placed a tarp on the roof so it wont leak. The fence for the backyard is also destroyed and still actively falling down. Our yard is the crapstain of the neighborhood. I intentionally texted her recapping what she had told us prior about repairs being done so I could have a paper trail of what shes promised. She keeps telling us the homeowners are having to wait on insurance after initially saying it would be fixed before move in, then that turned into "itll be fixed in a few weeks." I feel like nothing is being done. We have been in the home almost a month. Any time I ask her about it she asks shitty things like "Are you sure this home is for you? Are you sure you made the right choice?" Do I have any legal stance to talk to her about getting prorated rent or something? We are in NC if that makes a difference. A friend told me to call the HOA and complain about how my yard looks anonymously so they would have to do something but I'm not sure if that's the way to go.

Answer:
 Unfortunately from what I understand, you do not.  Keep fighting the good fight my friend.  If the house you are renting is damaged from a hurricane, I am sure it is safe to say that a bunch of homes are also damaged.  If this is true, then insurance companies are overloaded with claims.  Hence the wait.

My opinions on this:

Clean up the yard.

See if you can make home improvements yourself

Be patient

Buy your own homeAnswer #2: Honestly if you are renting the place all of the terms you wanted should have been expressed in the lease. Like the time frames for repairing certain things and cleaning. You would then have terms in the lease of what remedies you would have if those terms were breached through non-compliance of the owner.

&#x200B;

You still may have protection through what it called the "implied warranty of habitability" which essentially says that a property has to meet certain standards that make it acceptable for people live there. A hole above the garage and damaged fence/crapstain of a yard unfortunately would not likely be breaches of the implied warranty of habitability.

&#x200B;

My suggestion is to check your lease and see if there are any clauses about the repairs and maintenance of the home. You may also be able to find a legal clinic in your area that would review your lease for free and make suggestions to move forward. If the owners are genuinely waiting on insurance they may be strapped for cash to make these repairs presently, but you could always send them a letter expressing your concern which may prompt them to do something for you rather than just talking to the realtor who seems to not care anymore. Best of luck.


Title: Grandma is in retirement rehabilitation and we have her dog. Can we keep him even though us is expecting him back?

Question:
Texas

My grandma has a 13-15 year old dog that hasn't been taken care of. He was left in the garage for most of that time while he was with her, no dog bed just really old towels and a cage.

She fell down about 3 weeks ago and then earlier this week she has fallen down the stairs and is now at a retirement rehabilitation place or something like that, but there is a social worker involved now and my grandma has to stay between 14-30 days or something like that.

We now have her dog who is in pretty bad shape, back leg is all messed up, he's wobbly and it's hard for him to jump up and get down from these one step places in the house and outside. We took him to the vet and paid 200$ for an exam, vaccinations, blood work, getting his nails clipped(they were like claws), etc. And they said that one of his testicles didn't drop when he was younger and he has a murmur. Just a lot of problems with him unfortunately.

My grandma, according to my mom, sounded as if she's expecting him back. I don't want to give him back. He would have a great home here with my 2 other dogs with free roam around the house, beds, a backyard, toys, vitamins, clean water and food he can actually eat(vet said his teeth are either rotten or not there, he didn't want to open his mouth for the vet). I just think he could live out the rest of his days at our home.

I wanted to know what possibilities I have of being able to keep the dog or what I could do if she wanted him back. I do see her today. Thank you.

Texas

Answer: No, you don't get to steal from grandma.


Title: Possession Misdemeanor advice in Tennessee

Question:
Hi all! Currently traveling to Cumberland County, Tennessee for my brothers court hearing this Monday, any advice would be appreciated.

Early June we were driving to Bonnaroo, despite my warnings my 22 year old brother with no previous criminal record of any sort decided to smoke in the car. We were pulled over before he lit it, officer smelled marijuana and searched the vehicle. We were very compliant and gave it up willingly, and the officer charged him with misdemeanor possession (up to 14 grams) although he had 20 grams (which was a felony amount).

Wondering how my brother should plead, whether guilty or not guilty, ask for probation or continued without a finding, have the case dismissed etc.

Thanks and have a great weekend!
Topic:
Drug Possession

Answer: This is criminal defense attorney territory *for sure*


Title: A quick question on the legality of charging for a parking lot and not having a place to pay

Question: My friend was recently towed for parking in a parking lot without paying the fee. The problem is that the lot indicated it was pay to park but it had no place to pay. The only place that could've accepted the money was the bar adjacent to the lot but there were no signs to indicate where to pay. Is this legal? Can someone put up a sign charging for parking and not have a place to pay? I live in Spokane Washington.

Answer: If you can't figure out where to pay, you can't park there. If a store didn't have a clerk working the check-out, do you think you could walk out without paying because there "wasn't a place to pay"?


Title: [Cleveland Ohio] Dog Crosses Highway Almost Caused Accident

Question:
Hello,

I've been trying to research this but I'm struggling to find information on the topic. While the accident was avoided, I'm curious to know what the outcome would have been had it not been avoided.

Today, while driving to work, a dog darted across the highway. This caused the driver of the first car to come to a complete stop (if going the speed limit 60 mph to 0 mph) and forced several other cars (myself included) to slam on the brakes to avoid an accident. This stoppage also created an issue with other cars swerving into two other lanes to avoid the accident.

If no one had avoided each other who would be to blame?

My thoughts are (and I have limited understanding):

Usually, in a rear-end collision, the second car is at fault. This would be for following too closely. Also, if a car swerves unexpectedly, then the car swerving would be at fault. Is there anything that I seem to be missing?

So would the original car be at no fault with each car hitting each other taking responsibility for the other car? While the cars swerving would be at fault for the cars they hit because they cut them off? My assumptions is they would all be rear-end accidents. Or would it be a percentage to each driver?

Thanks for any help in educating me on curiosity!

Answer: Possibly the dog owner has some liability but everyone that rear ended someone would be liable also for driving to close. You always have to be fast enough back to stop without hitting the person in front of you.


Title: Realtor refuse to show me an apartment because my wife is not working.

Question:
I'm looking for a new apartment in NYC area. I found one, and I called the realtor to setup an appointment to see the apartment, then asked me how many people are going to stay? I said two, me and my wife. Then asked if my wife is working? I said no, I work and I make all the required income and I have 700+ credit score. He said the owner won't allow to rent to you, you and your wife must be working in order to show you the apartment, but I have other apartments I can show you.

Called NYC Human right division and they didn't help.

What do I do in that case? This is the 2nd time being rejected from giving an apartment.

Answer:
 > Called NYC Human right division and they didn't help.

How so? Did they say this wasn't illegal? What *did* they say?


Title: Mandatory Meal Waiver

Question:
I'm currently doing a 12hr shift in a healthcare setting.  Its hour 9/12 and I haven't had anyone relieve me for a break. I was concerned since my shift is already in bonus mode for the labor day weekend, and not taking a lunch will definitely boost this shifts pay into the couple hundreds of dollars. (Which I'm sure payroll will try to find a loophole not to pay me) Now, there is a rule with the company that if you work this certain type of shift, you HAVE TO sign a meal waiver form, saying you understand you choose not to take a lunch. I re-read this form I was mandated to sign, when I noticed in the fine print:

"It is a violation of the law for an employer to coerce any employee into waiving a meal period. Employers who have been
determined by the Commissioner of the Bureau of Labor and Industries to have coerced an employee into waiving a meal period
may be assessed civil penalties. For more information or to report violations or allegations that an employer has coerced or is
coercing any employee to waive the employee’s right to receive a meal period, contact the Bureau ."

Now, I'm not too good with words but coerced means "made to do?" Like my employers kept asking me to sign this document?

Would I have a case in receiving compensation for this? Or am I just SOL for not reading the fine print?

Answer: Does the statute have exceptiond for police/fire/medical staff? Some states do?


Title: Is it legal to make counterfeit pennies?

Question: NM. In an argument with my boyfriend. He says it is. I say he's silly. Can anyone point me to the laws about that?

Answer:
 Making counterfeit currency is illegal, a penny is currency, therefore making fake pennies is illegal.Answer #2: He stopped reading too early and he's not the first to make this misconception.

US 18-485 does exclude pennies.
https://www.law.cornell.edu/uscode/text/18/485

However US 18-490 includes them.
https://www.law.cornell.edu/uscode/text/18/490Answer #3: [Here you go. ](https://www.law.cornell.edu/uscode/text/18/part-I/chapter-25)

Also, you might tell him that doing federal time for counterfeiting pennies is one of the stupidest ideas ever.Answer #4: What would make you think you could legally counterfeit currency.Answer #5: *"So what're you in for?"*

*"I counterfeited 8 cents."*Answer #6: Which part of the word "counterfeit" did he find particularly confusing?


Title: Mental Health Day Hospital Scam

Question: [deleted]

Answer: They are a private business they can charge what they want to. If you feel you aren't getting anything out of it this then you can stop going.


Title: Found out my gamertag is on an online scam list

Question:
So I found out my online name is on a list of scammers for an online game. Im not illegally stealing money from other players, im only making them lose time, only about 15 minutes, for my own benefit. Is there a way to remove my name? Im not even sure if this is the correct sub.

The group is a Facebook group, and is named something along the lines of "GTA act 2 co host" and my name is "CrypticEmeraldz" I haven't been able to locate the page.
Topic:
Computer and Internet

Answer:
 So you're making people lose something of value (their time) for your own personal benefit through deceit or trickery of some sort.

You're a scammer.Answer #2: > im only making them lose time, only about 15 minutes, for my own benefit

Seems like a pretty good reason for your name to be on a list like this, then.

In any case, no. "So-and-so is a scammer" is likely close enough to opinion and thus protected from defamation claims in most of the Western world (other than, perhaps, the UK), and in any case you have no damages as a result of this.Answer #3: > Is there a way to remove my name?

Stop scamming, start playing nice, and wait for the blowback to die down.

> 3rd edit: this could lead to malicious attacks, such as DoS or DDoS  attacks, as well as Dox attacks if the wrong person thinks im an  asshole.

You'll have to wait until those things actually happen for you to take any potential action.  The law largely revolves around what actually happens, not hypothetical future possibilities.Answer #4: >  im only making them lose time, only about 15 minutes, for my own benefit.

So you're scamming them.

> they are defaming my image, and probably even the "crew" im associated with

Saying that you are doing something shitty when you are, in fact, doing something shitty is not defamation.


Title: how are employers allowed to violate the ada?

Question: employers doing their drug testing is clearly a violation of the american's with disabilities act, how are they able to violate it and get away with it?

Answer: I'm not sure I follow, how are drug tests a violation of the ADA?Answer #2: The ADA only prohibits discrimination on the basis of disability. Prohibiting  testing for drugs for safety reasons is not in the ada law.Answer #3: They don’t fire you for taking your prescriptions. They fire or decide to not hire for illicit substances, which is not protected by the ADA. There are only a few states that protect people who smoke marijuana because it is either recreationally or medically legal in those states.


Title: Got a job offer for 3k a month, 5-6 hour work week. Is this legal? (US-ITALY)

Question:
I posted myself to a few job hunting websites and an Italian company contacts me, saying they're interested in me for their "Travel Coordinator" position. It's a work-from-home position, requiring 5 hours a week of working. My duties include: booking external tickets, consulting about the transport, etc.
The position pays 3k a month, plus 5% of client received payments. The interesting part is when it comes to my duties which include cashing checks from clients and transferring the money to them using personal or other bank accounts.

This is what bothers me and makes me feel like this is money laundering. "Our customers can make payments via wire transfers and by checks or money transfers via Western Union. And our company can independently receive and process only two types of payments: either a wire or a money transfer systems (such as MoneyGram or Western Union). But our client has every right to make payment by check so we offered you this position. Our customers are the US citizens. We can't accept payments by check from them because we don't have an office inside the USA and due to the crisis can't open them in nearest future. The US checks are not acceptable in the Italy. It's also the reason why we can't provide you business account on the name of the Company. We can't provide you the business account on the name of the Company. This is because our Company doesn't have a business account in any US banks. We have an official formal registration in Firenze state but we don't have actual office in the Italy. And this way we can't accept any payments from the US customers directly because the payments should be accepted in territory of the US and processed through the US bank or company teller machine. Since we don't have a company teller machine and physical office, we need the US representatives, agents who will receive payments and process them for us, and we pay good money for this."

I would post the company's name, but I couldn't find any information regarding it so it doesn't really make sense to.
Your thoughts and opinions would be greatly appreciated. My gut is telling me that for the minimal work involved and what they want me to do, it feels like money laundering.

EDIT: Thanks guys. You're all confirming my suspicions. I almost feel stupid for positing this, but your mind plays tricks on you when you're desperate for a job. It's really sickening how these people pray on people looking for employment. I feel like reporting them to the correct authority, but I'm sure they'll be gone as fast as they arrived.

Answer: Scam. Ignore/delete


Title: update - AT&T store employees retaliating by shutting off phone service

Question:
[link to original](https://www.reddit.com/r/legaladvice/comments/3lzd50/att_store_employees_retaliating_by_shutting_off/)

summary: phone upgrade failed and store gave me a new SIM card for my old phone, store changed my wireless plan against my wishes, customer service hotline was unable to correct this, contacted store to get it fixed and they did but they also blocked my SMS and mobile data, tech support said I had to go to a store for a new SIM card to fix

I managed to get a ride to near the store when a neighbor was going to go shopping nearby. I got a new SIM card and things were working fine. Then I checked my email and there was a notification that changes had been made to my account and when I went online to look I saw that my plan had been changed to more expensive options *again*.

I haven't called them yet to get this latest thing fixed because I'm worried my phone will get shut off again if I call in. I'm preparing a complaint to the FCC using the form someone else provided and will be submitting it tonight.

Based on this I'm coming away with the understanding that if a customer walks through the door and the customer gives an employee their phone number, that automatically grants the employee permission to make changes to the customer's account without informing them or obtaining permission. How is this legal?

Answer:
 IANAL, but here's what I'd do…

1. call customer service
2. say you want to cancel your service
3. when they ask why, tell them the story
4. if they don't give you your old plan, go through with canceling the service.
5. go to the nearest whatever store and get a new phone planAnswer #2: Be sure to tweet AT&T wireless.  Their twitter customer service team is really good.  Tweet to them "AT&T employees fraudulently accessing my account", they will respond and then you can IM them the whole story.


Title: How can I get a US VISA?

Question:
For 2 years I have travailing to the US and staying there for 90 under the visa waiver program, I go there to stay with my girlfriend. Is there any other visas I could use to stay there maybe longer or with more ease?

19m UK citizen

Answer:
 We have 185 different types of Visas..  Take a look and see what might be a good fit..

https://en.wikipedia.org/wiki/Visa_policy_of_the_United_States


Title: A friend [18F] of mine, who is an American citizen is being held in Kenya by her abusive father [55M] against her will.

Question:
About two and a half years ago I [22M] met a random group of strangers online in a text-based chat room. Chatting with those ~15 random people [15-25M&F] turned out to be pretty fun, as we all had a good chemistry together. Eventually we all began visiting that chat room almost every day and slowly but surely we all became better and better friends. A short time later we would spend hours everyday on Skype, talking about life and what’s going on. It was weird, but it was awesome. After a while you just become friends without having ever met and considering that we’re spread all over the globe chances are low that many of us will ever meet. At this point a few of us actually have already met, me included. 2015 is met up with 3 other Europeans from the group. All in all, the point of telling you this is that, even though many of these people I have never seen, I consider them really close friends that I can trust.

During the end of 2015, Zuna (not her real name), a friend from that group [18F now, 16F back then] began telling us how her father[54M] is considering moving the family from the US to his origin, Kenya. Zuna’s mother had died a few year prior, so she lives with her father and 3 younger siblings [16F, 15M, 13M]. Apparently the reason for moving back was, that her father wasn’t able to find a wife in the US, so he wanted to try finding a wife in Kenya. Zuna was strongly opposed to that plan as she has never even lived there before. Her father seems to be really abusive though, which meant she had no say in that decision what so ever. Beatings and death threats seem to be the norm in their relationship.

Fast forward a few weeks, Zuna announced that she won’t really be able to chat with us anymore, as she’s having to move to a tiny village in Kenya, with no access to a computer or smartphone. We were really worried for her, especially during the following few months with no communication.

Some day, while trying to find out what happened to her I found an old e-mail address of hers and thought I’d just try my luck and send her a message. A week later she actually answered me and so slowly we began having a line of communication again. Every once in a while she would be at her cousin where they had a computer with internet connection and we would be able to chat for a few hours. Luckily nowadays she has a smartphone and can chat with us 24/7. But her situation seemed really bad. Her father is becoming more and more abusive towards her, she’s been very depressed most of the time and actually tried to commit suicide a few times.

The “children’s office” in her village has been involved in the situation, namely after her teacher sent her there because of a head wound that was cause by her father. But the case has been dropped everytime. According to her “the man (from the children’s office) was about to jail my dad, but they called a council of elders. And they talked him out of it. They thought a bunch of old Somali men telling me how ungrateful I was would fix everything. And when asked if he beat me my dad said I just fell”.

Form what I can tell, her father is abusing her specifically more than her siblings. Her siblings don’t seem to enjoy their father’s presence, but they seem to be somewhat ok living with him.

Zuna and her family are all American citizen and technically they are illegally in Kenya anyways. According to Zuna they were only supposed to visit Kenya for 6 months. The problem is that Zuna’s father is withholding her documents and keeping her in Kenya against her will.

We would love to find a way to rescue her, but we don’t really know where to begin. Any help or information on organizations that help people in her situation would be greatly appreciated.

  ---
  **tl;dr**: An American friend of mine is being held in Kenya by her abusive father. Physical violence and threats seem to be the norm. He is withholding her documents, which means she has no way to go back to the US. Local child protective services seem not to be able to help. Any help to get her back to the US would be greatly appreciated.

I myself live in Germany, so there arn't many hands-on ways I can help her. But I would definitely buy here a plane ticket when if needs it and I have the money.

Answer:
 I would contact the FBI and the US consulate in Kenya to see what can be done. She's legally an adult and a US citizen. She can leave if she chooses. However she might have no where else to go.Answer #2: I'm not a lawyer but I'm Kenyan- ask her to contact the US embassy in Nairobi or Mombasa, whichever is closest to her. They take care of their citizens and will be able to extradite her from the country if she is being held against her will. Can she speak Kiswahili? Perhaps she can go to the police station and file a report as well, although this might not be effective as the police are pretty useless unless you bribe them.Answer #3: If you think this is real, you should absolutely report it to the FBI. Find your local field office and call them.

https://www.fbi.gov/contact-us/field-offices


Title: [TX, US] Wearing shorts to jury duty

Question:
My summons strictly prohibits shorts. I do not own anything but shorts. This state is hot and I'm not skinny. My family, friends, and work are exceedingly casual, even in regards to weddings and funerals. I haven't worn pants since grade school.

My dad says they won't even let you in the courthouse in shorts, which if true, is completely absurd to me, bordering on offensive. This is something you're forced to participate in by law, and they have the gall to bar you from entry based on wearing shorts? If they refuse my entry, I assume that counts as me failing to answer the summons, which means I will be held in contempt.

There are a lot of conflicting reports of this online, it seems to vary widely from court to court and judge to judge. What I want to know is if I can legally be fined or otherwise penalized for wearing the most formal pair of shorts and shirt I own? It's not like I want to undermine the court or shirk responsibility.

I just really don't have the money to buy clothes I'll never wear again, and I don't know anyone I can borrow a pair from in such a short time. What should I do?

Does anyone have experience showing up in attire that defies court dress code? This is really making me nervous.

Answer: Yes you can be held in contempt of court for failing to meet the dress code.  Do they have goodwill stores where you live? They don't have to be stylish or even fit you all that well, just clean.Answer #2: Buy a pair of long pants, unless you'd like to be held in contempt of court. Welcome to adulthood and responsibility, kid.Answer #3: Are there really people out there with these types of problems? Just buy some pants and do your duty. End of story.


Title: Family Court - Other custodial parent denying parental access to children.

Question:
I apologize ahead of time as I searched the thread for a similar case but did not find anything close to my issue.

I will try to keep this as short and succinct as possible.

This issue is in Minnesota

I am a Prior service combat veteran, I claim disability for PTSD, I divorced in 2014. Two Children are mine, 11 and 14, my ex has an older son from a previous relationship he is now 18.

Issue 1. Post Divorce the oldest son who was 14 at the time (not mine) Sexually assaulted my younger 11 year old (they were 8, and 14 at the time), I only found this out several days after the police were notified in Mid 2014 and my ex called me to tell me. He was put on Juvenile probation and court ordered not to be around my younger child and court ordered therapy. Said probation was violated numerous time during 2014 and 2015 when i would attempt to pick up my children and see that he was there interacting with them ( notified police and contacted the probation officer that year as well, with little success and only being told, there will be no repercussions and nothing will be done), the 18 year old sibling completed family reunification therapy and is now again living under the same roof as my 11 year old. I was also not notified by the probation officer, the detectives and or my ex regarding the Sexual assault case until several months after the fact. I was also not notified that my child went to mental health therapy for several months before finding out myself in early 2015. The mental health facility never included me in the reunification plan either. Due to this my 11 year old currently has clinical depression and anxiety and has been seeing someone since they were 8 years old. That mental health professional has also refused to share any information besides the absolute minimum required by law, and has only stated that sharing any information would be detrimental to the well-being of my child. I would like any and all advice as to what I can do to: Get information regarding my child, continue stay informed in regards to their whereabouts, and steps I can take to prevent this from happening.

Issue 2.
I have Joint physical and Legal custody of both children with Ex, other parent has 60% custody, I have 40%. I also pay child support for both children, no alimony or spousal maintenance, all payments are made on time. I am remarried and currently have a home and a job.

The issue is the other parent started telling the children that they did not have to go with me during scheduled pickups in 2014, this progressed to gradually telling me "kids are tired they don't wanna come with you" "or" "Its too boring at your place", my children would stop coming to the door and or simply ignore me when I would attempt to call them over and tell them "it's time to go", things progressively became worse after my child's abuse at the hands of their older sibling, this gradually grew into full blown parental alienation. When I had a sitdown discussion with both my 11 year old and 14 year old at the time and told them what had happened and to immediately inform a grown up if they experience any more abuse, my ex completely cut off access to my children starting the next day when I brought them back home to the other parents residence. After this, Either children would not be present at the residence or my ex would refuse to open the door, or would take them to another residence, or refuse to pick up the home phone and or cellphone, police would be called to document the issue but since the court order does not specify that the children have to be removed by force by law enforcement, they simply document and tell me to take her back to court. This has gone on for 26 months at this point. I have missed nearly half a decade of bdays, Christmas, thanksgiving and holidays due to this issue. I attempted to take my ex back to court in mid 2015 only to be ordered to do court ordered mediation (since the judge stated that the kids have not been around me for so long that they need reintegration back into my life which begs the question how and why since my ex failed to follow the decree to begin with), the issue is that the county where this took place is quite poor and cannot afford a guardian ad litem and or a custody evaluator, instead I was asked to pay for it myself out of pocket and uninsured, while splitting cost with the ex, which is a $5,000 down payment to begin the mediation and can cost as much as $15,000.

Lastly, it is the same judge who handled my divorce, my child's assault case, and also my court motion regarding my violation of parental rights. The city and county where the other parent resides is very small, law enforcement has been very difficult to work with there when reporting issues with my ex, and I have received harassing phone calls from their deputies because I would attempt to call my children at her residence only to be hung up repeatedly, in turn which would cause them to call 911 and report me "harassing them and their children and their phone with numerous calls".

Currently my previous motion has been dismissed due to inaction (I cannot afford a 5K+ mediation fee while paying child support), and my previous divorce decree has not been modified and still stands.

So far I have had an attorney recommend a change of venue due to conflict of interest and lack of resources. I also have reached out to veteran associated pro-bono groups to see if I can get any additional advise and or representation.

Thanks again for taking the time to read this, any advice is appreciated, god bless and have a happy holiday.

Topic:
Juvenile and Youth Law

Answer:
 You don't have a legal question.

Your only chance at changing anything is through the court system.

Either find a free legal clinic, or take out a loan.  Paying for the gaurdian ad litem is very common.  In fact I have never heard a case where this was paid by the court/state.


Title: (OK) Speeding ticket from a speedtrap

Question:
So I was traveling southbound on I-35 at a 75 in a 70 zone. Next thing I know, I see a cop out of nowhere aggressively tail me with lights flashing. At first, I was surprised as to why this asshole cop was pulling me over for only exceeding the speed limit by 5mph. To my surprise, according to my navigation system, I was in a 60 zone. He wrote me up for a 70 so as to not incur any points on my driving record. On the ticket, he wrote, "+10 Lidar, 80 ft veh trv I/L."  fine is $224.5 which is kinda absurd

-Contrary to Title: T-47 Section: 11-801.

I tried to attain continuance by calling the court clerk, but she said only attorney's are able to do that. I do have a valid reason, I was supposed to be driving to Pensacola tomorrow morning; now I have to wait obviously after court date tomorrow at noon.

I've been driving for 7 years, and this was my first traffic violation; not to mention I drive about 300-400 miles a week during school(I work-out/train in okc, school is in norman).

1. What should I have done to invoke continuance?

2. should I enter no contest plea or fight it?

3. What would be a good defense?

thorough advice would be much appreciated.

edit: this was on a 3-lane highway with little to no traffic at the time I was pulled over.

edit 2: I came to a subreddit for legal advice, but all I got was angry arm-chair Redditors giving me advice on my attitude. This subreddit needs to hold itself to a higher standard, more similar to that of r/medical-advice where anything anyone says that is not by a physician is taken with a grain of salt. It is my damn right in someway or another to present a legal defense in traffic court tomorrow, but to do that I need legal advice.There is no sense of entitlement or anything wrong with my attitude, all I see is bunch of incompetent salty redditors

Answer:
 All I am hearing here is

You were speeding. Knowingly.

You were not paying attention to your driving and didn't see that the speed limit changed

The "asshole" officer was nice to cut the speed down to give your an easier ticket.

And your legal question is how to fix this? Check your attitude. And be nice at court