Title: Should I Report My Rapist?

Question:
So just around three months ago I was raped. Obviously one would immediately want to report the perpetrator and receive justice, which is something I want to do very much. However, I feel like the odds would be against me.

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So firstly, we met on a gay hookup app. My bio on it mentions that I like movies, and this individual (let's name him Barry) messaged me asking if I wanted to come over to watch a movie and cuddle. Now, as someone who often went on hookups, I had no problem with meeting up with strangers as I felt like I could make decent judgements and sense if any danger was to occur. I told Barry that I had to shower and get ready, and would be about an hour. He seemed a bit irritated by this as he said his parents or siblings might be awake by then. Therefore, I tried to be as quick as possible and then made my way to his. When I got there, he said we'd go to go get McDonalds first; so he came out of the house and we went in his car. He seemed really nice at first, was very attractive and I really liked his company. We had common interests in music and movies so I thought things were going pretty well.

We got back to his place and he led me around the back of his house; he lives in an upstairs area that is accessible from the back. We went to his room, ate food and watched TV and everything seemed to be going fine. As we were watching, we cuddled for a bit. Then he suggested that I take my pants off which I was open to; I had done hookups before so it was not a strange request to me. We partook in some touching of each other's genitals, moreso him requesting me to touch him. Then he used body language to indicate he wanted me to perform oral sex on him. I was intimidated by his size but did it anyway; however, I got super uncomfortable when he forced my head down and held it there, essentially causing me to gag. I obviously hated it, but made the assumption it was a kink of his so I didn't protest. One thing led to another and he said he wanted to have anal with me me. This is when I said no; I used the genuine excuse that I had not prepared/cleaned for that to occur, and I was still new to being in a bottoming position (being penetrated). He told me it would be good and that I'd enjoy it, and I kept saying no. This is when he began to pin me down and 'tease' by moving his penis around my anal area (but not penetrating yet). I gave in at this point and said that if he wants to, he can do it and use a condom.

He then brought out some AMYL and asked if I wanted some. I had never used it before so I didn't fully understand it's effect and didn't want to risk anything. He proceeded to pressure me into taking it, which I said no. At this point, he shoved the bottle under my nose, giving me little to no choice but to inhale it. He then proceeded to have anal with me. By this point, I had given in and so was partially enjoying it and giving evident signals to him that this was the case (dirty talk, moans etc...) After he finished, I thought everything was over and I wasn't too disturbed.

However, about 10 minutes later, he began to want to do it again and this time he didn't have a condom on. I was being quite adamant here, saying no again and again, because I don't want to have unprotected sex. He didn't listen to me, but only had me pinned down and went on to penetrate me without a condom - which freaked me the fuck out. However, in the moment, I pretended to enjoy it because I didn't know what else to do. I remained polite afterwards and left. For some reason, at the time, I didn't even think anything of what had just happened. I just assumed he was quite dominant in bed and that was all. I also think my judgement was clouded because I was physically attracted to him. When I got home, I sent him a text thanking him for the day, and that was the last we spoke.

As months went on, I realised more and more how bad the situation was and how I was essentially raped. However, I never considered reporting him since I had pretended to enjoy it and even thanked him afterwards. It was only until I was talking to a fellow gay friend who's younger then me that we realised that we had seen the same guy, and the same thing happened; he brought food for my friend, put on a movie and then proceeded to have unprotected sex, despite my friend also saying no to condom-less intercourse. This is when I realised my scenario wasn't a one-off and this guy has a technique.

It's really freaked me out now, and I am heavily considering reporting him to prevent any future boys being taken advantage of and to also give myself closure as my mental health is quite poor now as a result of all of this.

However, given the fact that a) I pretended to enjoy it and b) thanked him afterwards and this can easily be used as evidence against me, I don't know whether it's worth reporting. The last thing I want is to go through an ordeal like this and lose a court case due to a lack of evidence.

By the way, I am an Australian citizen residing in Australia; if that helps with anything.
Topic:
Criminal Law

Answer: As I understand it, a rape is a rape is a rape. It's not out of the realm of possibility that you pretended to like it out of fear of something worse. You even state that you were pinned and forcibly drugged. Not only that, you have another person who had the same thing happen to him. Sounds like you have a pretty strong case. The only thing that might be an issue is the text you sent thanking him. But if you go with the "I was afraid of something worse" defense, it might work out.


Title: [Arizona] Neighbor wants to build a new detached garage within five feet of rear property line. Would block our mountain views and violate a residential zoning ordinance (25 ft. minimum rear distance). How do I protect myself?

Question:
Just received letter with her project plans and a document from my HOA asking for my approval/disapproval and remarks before they submit to architecture review committee.

The garage would block a significant view of the mountains from all rear-facing windows and my backyard. The long views were a major benefit for me when I bought the house and one I hoped to leverage when I someday sell the property. I worry this would harm my house's property value.

Any advice on what to do? Contact HOA? Any remarks to include? Hire a lawyer?

What risks are there for my neighbor to get a zoning variance? Her property is in no way peculiar or in need of a garage — it already has a two car garage.

When I called HOA on 3/1 they said there was no record of that neighbor's project plans, however, that same HOA mailed the letter and project plans on 2/27... Not adding up.

Thanks in advance!

Answer:
 Unless your HOA has rules to the contrary (or title/deed have covenants to the contrary), she can block your view without fear of any legal action from you. Sorry, but that's the law. So you should contact your HOA and see what the rules are. And getting a lawyer to aid in the process isn't a bad idea—if you think it'll have a substantial affect on your enjoyment or the market value of the property, it's worth the investment to make sure that you aren't protected before letting it proceed. And something hinky seems to be going on with your HOA, so unless they sort things out maybe someone is trying to screw you over.

The zoning ordinance in a more interesting question. Don't know what you mean by "risks," but zoning variances are typically done at the county or city level. You should reach out to them with the proposed plan (perhaps talking to your neighbor first) and ask about how they do variances and if you can provide input about the proposal at all.Answer #2: > violate a residential zoning ordinance (25 ft. minimum rear distance).

Call your township's zoning code office. You are otherwise out of luck about the view, assuming your view is still blocked with the garage 25 feet away.


Title: Dad considering suing man who ran into him during cycling, caused him injuries.

Question:
Hi there,

My dad was in a cycling race probably about a month ago now. Someone in front of him swerved into my dad, causing him to fall off his bike. He ended up in the hospital with a collapsed lung, multiple broken ribs, had to have a tube put in. He was pretty banged up.
This week he has been talking about suing the guy. It is someone he knows and is actually one of his accounts. He asked his boss about it and the boss just said it’s up to him to decide.
Curious if anyone has any advice on this.

Thanks!

Answer: He can talk to a personal injury lawyer, but he should be prepared to hear that he was in a bike race and crashing is a risk you take on when you enter that kind of event.Answer #2: Crashing is an inherent risk in bicycle races.  He'd likely lose a lawsuit based on the doctrine of assumption of risk.  However, he should consult with some local personal injury lawyers.  Given the severity of his injuries he may find an attorney who is willing to represent him and see if he can overcome the assumption of risk defense.


Title: (UK) Night worker here. I get put on so called unpaid standbys at work and won't be made to start or go home until management say otherwise. Legal?

Question: I work in a Bar in England at Nights, sometimes I come in and the rota might say I have to work something like "8pm untill close" but then the management say it's not busy yet, stay on standby until we will call you.. This might go for hours with me just waiting to start and not getting paid at all.. At times I might get sent home even after waiting for hours. This happens to all the staff not only me, and there are many of us as well. What should we do?

Answer: Contact ACAS. If you are required to be at your workplace for the standby time, then you are entitled to minimum wage for those hours. The government also has a pay and work rights helpline who may be of use.


Title: Wife's car hit, shop can't match paint. Insurance won't paint whole car.

Question:
My wife got rear-ended in traffic. She was at a stand still, so even though Kentucky is a no-fault state, the other driver's insurance has to foot the bill.

We went to a shop for an appraisal. The shop was their "preferred" shop (I tried to play nice.) They said insurance won't pay to paint the whole car, and they can't match the paint because of sun-fade.

I don't think that's right. My wife's paint matched before. I think it should still match. I don't care if they match it or paint the whole vehicle, but they're not budging.

Would I have a case if I tried to lawyer up and take them to court? She's 100% not at fault, I want my property restored to exact pre-crash condition. Anything less and I lose value and have something unsightly.

They want me to fax paperwork indicating lost value. How would I go about doing that?

Thanks Reddit!

Answer:
 No paint ever matches. What any quality shop does is blend into adjacent panels so it looks totally uniform. If it's on different sight planes, it doesn't have to match exact because the light doesn't hit it the same and due to shading it would be different hues anyway.

I'm guessing the shop is just trying to get you riled up (mission complete) so that you raise a fit and get the insurance to pay for painting the entire adjacent panel (totally unnecessary) instead of blending or just it ting the paint.Answer #2: Will they let you try a different shop?Answer #3: take it to another shop that can match the paint.  get a quote and ask them to pay that.  you don't half to take it to their preferred shop.


Title: NJ Resident, Recorded my gym owner freaking out. Can I post the video?

Question:
Basically as the title says. I went in to ask for a price reduction, he started screaming at me like a maniac so I hit record. After he swore up and down he asked me why I was looking at my phone, I said because I was recording him he told me my gym membership was terminated and to leave the gym.

He also said "I Dont care record me" I said I'm going to send it to golds gym corporate he said "Go ahead im one of their best franchises"

Now if I post it with those words clearly said to lets say their facebook... and golds gym corporates facebook. or my own. Am I doing anything illegal?

Answer: NJ is one party consent and he consented anyway, so go for it.Answer #2: On the bright side. Now we know how to easily get out of gym memberships. Just ask for discounts until the owner flips out. Answer #3: Post it to their facebook page.


Title: [PA] Work is discouraging employees from calling police.

Question:
Not for me, but for a friend. My friend is a manager at a clothing store in a mall that houses a township police center and uses it as security. Recently a group of people came in while the store was busy and stole a lot of merchandise.

The store's policy states that when robbed, managers need to call the internal loss prevention hotline and *never* call mall security or police. She called mall security (actual police) about it after talking to LP and they were able to get plates from their car and link them to other robberies in the area.

My friend is now being read the riot act and may get written up for calling the police on a group of thieves. I was wondering if discouraging someone or punishing them for calling the police is legal or not and if she gets fired what could she do?

Answer: It's perfectly legal to fire someone for any reason barring a contract saying otherwise.  Many companies prefer to handle these things internally to make things easier for the store.  If your friend was not in danger then she did not need to call the police against company policy.


Title: (MA) State took custody of my sister

Question:
Hey all. My sister, 5 in June, was recently removed from my mother's residence because of 2 domestic violence cases, the most recent being yesterday.

I live in Colorado, and I will be moving to Florida in 10 days with my husband, who is getting out of the Army in 2 months. I would take her in a heartbeat, but the case worker told me that because my sister (we'll call her E) was taken on an emergency basis, she has to stay in the state of Massachusetts. I have family in New Hampshire that are more than willing to take her in so she doesn't have to be in foster care, but they were denied because they're out of state. My mother in law is in Massachusetts but cannot take her because she works entirely too much, and E doesn't go to school yet.

My mother has a history of severe drug abuse; I was removed from her care and my dad got sole custody of me when I was 7 (I'm 23 now.) She's neglectful, abusive, manic depressive, and I'm 90% sure she is still abusing pills. This is the 4th time DCYF has gotten involved with my mother and E, and I'm tired of E being subjected to all of the crap my mother puts herself in.

My grandmother worked for Easter Seals, Mentor, and DCYF up until 10ish years ago. She told me she is more than happy to name drop or do whatever it takes to get E into her care, as she is RIGHT on the NH/MA border.

My question: is there anything we can do to get E into my grandmother's care and out of foster care? I plan on petitioning for custody once my husband and I move. E can't go back to my mother's, something bad will eventually happen. What can I do to get E out of emergency foster care? Like I said, I'd take her in a heartbeat, but they definitely won't release her to me, being in Colorado and moving to Florida.

TLDR; what can I do to get my 4 year old sister out of emergency foster care?

Edit for spelling

Answer:
 With the mothers permission (at this point on the case) they can start an ICPC to have the child placed out of state. It is a long process.

The child will still be in foster care even if placed with you. Mom has a legal right to try to get her back (until a judge says she doesn't).

So call the worker and ask about an ICPC. If they still deny you, contact the supervisor then get the number for the child's attorney and talk to them Answer #2: They probably won't do it as long as your mother is early in the dependency process.  She has the right to try to reunify with the child, which includes visitation.  They aren't going to send the kid a distance away that makes that difficult or impossible.

You have no standing to "petition for custody."  You can make yourself available as a foster/guardianship/adoption candidate to the social worker, but you can't go into either dependency or family court and seek custody at this point.


Title: Hockey Law meets Admiralty Law (from r/WatchPeopleDieInside)

Answer:
 I'm also not aware of any hockey games conducted more than 12 miles* from a coast, so the "international waters" claim is on pretty thin ice.

*Although I hear that the miles are smaller up in Canada. Crazy!Answer #2: Ehh... "pushing off of opponent with skate" is a major. Then there are minors for "unsportsman like conduct." Probably can't get them for "slashing" or "roughing," though.

 [https://www.hockeymonkey.com/learn/hockey-penalties#](https://www.hockeymonkey.com/learn/hockey-penalties#)Answer #3: I do family law, which is roughly as violent as hockey, so I feel qualified to fact-check this claim. I rate it: True.


Title: Could you pump up your pet's monetary value so your neighbors don't fuck with them?

Question: [removed]

Answer: Can you legally commit fraud? No.


Title: Can a University be sued for not only causing mental health issues but failing to recognize them and providing adequate support in time?

Question:
I began to attend U. as an undergrad in the fall of 2016. I had suffered from depression and had suicidal thoughts prior to my arrival. I made this aware to the Student Health Services here at U. Over the fall semester, I made great strides in approving my life. I was a nearly a straight-A student and actively involved in multiple aspects of the community. When the spring semester came. It was determined that I no longer need counseling.

In the Spring of 2017, the state had withheld grant money that is awarded to low-income students due to the state's budget issue. Because of this, I had no money for food and was having psychological issues.

At this time in January 2017, I had been seeing a recurring hashtag on Facebook. I wrote a joke on the platform in regards. This triggered multiple graduate students into a day-long exchange with me.

I was told because of my identity markers I couldn't understand what others go through. As someone who dealt this these issues personally, this was troubling. Subsequently, one of these students was playing private voice recordings and private messages of me for the rest in their cohort. This now made me unwelcomed within the department. And I would avoid being there.

Over the next few weeks, a different graduate student who had been apart of the earlier exchanges would routinely post inflammatory articles on his facebook account that I would occasionally respond to. Mostly in passing as I do not take these type of political facebook interactions seriously.

After one of these exchanges, April 2017, he used his position of authority as Chairperson of a U. sanctioned Conference to remove me from the organization that I had been working on all year.

He writes in a detailed email everything wrong with what I think, and most, if not all were inaccurate. His ultimate reason was for using a singular word. Now, he tries to indicate to me that I was directly calling this to someone, however, my phrase was an abstract use of the term.

I was so threatened by his action that I applied to another University; however, because of the grant money being withheld by the state, the University claimed I could not receive a transcript because I owed them money. I decided to try for another major, as I was truly unwelcomed in this department.

The two students that caused the most strife were graduating. However, the one who removed me from the conference was kept on for post-doc. Fall 2017, My classes were in the same building and his presence made me feel threatened. I had a hard time attending class and received no support from the university at any level. I even spoke with his boss who would do nothing about it.

I had withdrawn from two courses and failed two courses in the Fall 2017. I returned to this original department as it was the fastest way to leave the University with a degree. However, each of my classes was a constant reminder of these issues and my contrarian views were not welcomed.

I reached out to all of my professors because I had a hard time being there. One class, in particular, was everything in line with what this grad student would preach to me. It caused me distress.

I told the professor, and she said she'd work with me. However, days later, I was told it was no longer appropriate to attend classes because of the other students, even though I had a right and financial reason. I reached out to them again and was denied a meeting because I had not attended, yet was told not to attend.

I have now failed every course because I have a hard time attending, and will be either on probation or removed from the University. I have no money now and nowhere to live come June. Only this past week, has any other element of the University tried to reach out.

Anyone who had known me to any degree since my time here, would not only see a stark contrast in my dress and appearance but my behavior and demeanor as well.

It appears to me that much of this original issue can fall under free speech rights, equal opportunity and access act, and title IX that started my downward spiral. Subsequently, issues from this year begin to fall under the disability discrimination act.

The issues are, there is not a lot of evidence of what was said and done last year between these grad students, except a few emails. The facebook stuff has since been deleted. There is a lot of he said she said scenario. Nevertheless, the university at all facets failed to recognize the emotional and psychological distress I had been going through for over a year.

This case is complicated in because there are multiple angles to look at legally, and there is more detail I could add but wanted to make this short but thorough.

Answer: Yeah... this isn't short, nor does it contain any useful detail. Sounds like you're a dick and people called you on it, and you're bringing in some kind of disability claim to try to salvage the situation.


Title: TN - First DUI offense and cannot afford a lawyer.

Question:
Basically, am I automatically assigned a public defender and will they really help defend me? I mean- I messed up and know that there will be consequences. I accept those. I’m just reading the most extreme punishments for DUI first offenders in TN and if I don’t get a lawyer, how likely am I to be in jail for 11 months?

I don’t know my BAC. But I gave my blood, spent at least six hours in jail til I could be released on bond and did not crash or injure anyone.

Thanks. Please refrain from telling me I did wrong. I know.. I’m feeling immensely guilty and distraught right now.

Answer: a public defender is a lawyer. They will defend you. They will probably be busy and overworked, but they should have a good relationship with the DA, and they will know how to negotiate a plea deal, which is probably how your case will be resolved.


Title: [Ireland] As a minor, Can you get your Vaccines without parental permission?

Question:
[deleted]
Topic:
Healthcare Law including HIPAA

Answer:
 You definitely can as soon as you are 16 - at that point you are able to make your own medical decisions. Whether a doctor will immunise you at 15 will come down to the doctor's judgement call. It's considered a bit of a grey area, there is no 'mature minor' legislation as there is in other jurisdictions. It's worth a try though.

Congrats on being smart enough to see through the anti-vaxxer bullshit.
Answer #2: Vaccination in Ireland requires parental consent up to age 16, but after that you're good to go.

I found mention in places of a program that pays for vaccines for "children and young people" in Ireland, but wasn't able to find specific ages for this program. Once you do turn 16, it may be worth asking if you qualify for receiving assistance under this program; I'm not sure how much these vaccines cost normally.Answer #3: I'm autistic. People like your parents really, really get on my nerves.

I would give you statistics and references about the history of autism, but I doubt that would work on your parents...

Good luck. You shouldn't be at much risk for infections if everyone around you is immunized.Answer #4: How old are you?Answer #5: [It appears that once you're 16 in Ireland you may consent to medical care on your own.](http://www.medicalprotection.org/ireland/booklets/consent-to-medical-treatment-in-ireland)

Edit: [another source here, PDF warning.](http://www.hse.ie/eng/health/immunisation/hcpinfo/trainingmanual/chap6.pdf)


Title: Illegal to leave someone behind after going out of town

Question:
Bad at explaining things but...
Lets say you go on a trip out of town in the same vehicle (Not your own) far enough away. Then that person for what ever reason (not including anything that would give them a real reason to leave you) leaves you behind and doesn't go back for you. Would that person be doing anything illegal?
They could of ditched you anywhere, like some other city, the bush, side of the road... ext.

Location: Canada - Ontario

Answer:
 Are you talking about purposely putting someone in a position you don't expect them to survive or just forgetting a friend a few towns over where they have access to emergency services if need be?Answer #2: Generally no.

Exceptions:

1. You are a minor and were left behind by your parent or legal guardian.
2. You are an adult requiring specialized care and are left behind by your appointed caretaker.
3. You are an adult with no special needs but are left in an environment where your chances of survival are low.


Title: Can I get sued for a bad review?

Question: The dentist quoted $400, when I arrived at the appointment it went up to $800.  I was billed $1200.  I disputed it and it was brought down to $800.  The work was fine but I overheard him talking to his receptionist about someone else's bill and it sounds like a regular thing for this guy.  My review is simply two stars with no comment.  Can this be considered defamatory?  Can I write a review in a way that does not leave me vulnerable?

Answer: You can get sued for pretty much anything. Unless you say things that are factually untrue, there is almost no chance they would prevail. You can say that you thing you were overcharged, but you cannot say that he regularly overcharges all of his patients and that he is a thief, for example.


Title: In serious need of some help with a Car Accident Future on The Line!!! I'm panicking here!!!

Question: So last week I got into a 3 car, car accident. I was hit from behind and my car lunged and hit another driver in front of me and the driver behind me done a hit and run and took off; however, the cops had later found him the next day and caught him also they found out he had no insurance and a suspended license. Now here is where I need help with! The woman who I hit ends up wanting to sew me a couple days later, but why is she suing me if it isn't my fault?! The only way to prevent that accident was for me not to be there! Her car had cosmetic damage in the back, but those were scratches and not to mention her car did not even move when I hit here. Also after the cops came all she said was that she was sick, but the husband clarified it by saying she has been sick with a flew. Jesus like why are people like this and with what she is suing me for she can put me in debt like as if school hasn't already put me through that shit I'm a student for christ sakes!!! if she does this I will no longer to be able to attend anymore! And really $50,000 is too damn much!!!!!

Answer: Notify your insurance company. This us exactly what you pay them for.


Title: Property manager threatening to evict (Virginia)

Question:
Today the property manager for the house my family rents came to do a surprise inspection with two days notice. She did this on the basis that an animal had gotten into the trash at bottom of the driveway from trashcan.

After the inspection she then called stating that it looks like "junkies" are living here. I live with my mother and two teenage brothers. Among the problems she listed there was
1. A hookah
2. Four dirty pans in the sink
3. Couple pieces of trash in the yard / along the tree line
4. A few beer cans and cigg. butts among the trash
5. A little bit of confetti that is stuck to the basement floor from a new years party we had.
6. A broken door knob

I have pictures of all rooms in the same condition they were in during the inspection if needed.
The property manager has given us 21 days to fix said problems or we will be evicted.

Is this legal for her to do this based on the property "not being maintained properly"?

Thank you!

Update: Here is the official letter sent by property manager regarding our violations. The "drug device" mentioned is a hookah with tobacco in it.

FROM: Management

DATE: 7 January 2015

This is the required 21 DAY NOTICE to correct the following lease violations to the satisfaction of the management or receive a 30 DAY NOTICE of eviction from the property.

VIOLATIONS:

1.	 5 Day notice for non payment of rent issued
2.	Failure to maintain the house/grounds in a clean, sanitary condition
3.	Broken bedroom door and missing door knob
4.	Bath faucet broken
5.	Drug device in unit
6.	Broken brick on lower fireplace.
7.	Evidence of smoking in the house; butts in fireplaces.  Cigarette butts accumulated around the property.
8.	Trash around the grounds

If evicted, you remain responsible for payment of rent and all expenses incurred until such time as we have secured another qualified tenant or your lease end date; whichever occurs first.

Thank you for your cooperation.

Cc:  Legal File

Answer:
 >5 Day notice for non payment of rent issued

I'm going to take a stab in the dark and guess this is the main reason your LL was there.


Title: [OR] Massive gift cards potentially causing tax issue

Question:
Recently I found a way through my work to earn visa gift cards of high value at a rapid pace. These cards are obtained legitimately through a work program (I work for a large corporation) but they are not attached to my name in any way. In a sense I am abusing this program, but the terms and conditions of this program do not state anywhere that the loophole I'm performing is not allowed.

To date I have earned approximately $25k from this, all in giftcards unattached to my name, and have mainly made purchases like new tv's, laptops, phones, etc. I have run out of non-essential items to buy and have begun using the cards to do money orders for my rent and bills.

My question is with this level of giftcards is there any risk of me being held responsible for some sort of tax evasion now that im paying bills with it? The giftcard money itself isn't attached to my name at all but the rent payments clearly are. With this much "free money" sitting there it seems insane to not continue, but im wondering what the implications of this could be down the line.

Answer:
 Putting aside whether or not your are getting these gift cards legitimately. I have my doubt, but that's not your question anyway.

But yes - these gift cards (however you are getting them) will (more than likely) be counted as an income that you should be paying taxes on - so if you aren't declaring them and paying tax on them, you could get into trouble.


Title: Update: School district refusing to accommodate a minor disability. [IL]

Question:
Original post here: https://www.reddit.com/r/legaladvice/comments/3hn5wu/school_district_refusing_to_accommodate_a_minor/

We have a resolution.  By the time I was aware of the problem yesterday afternoon most of the administration was gone for the day, but last night we sent out a flurry of emails to the school district administrative team and school board. This morning we received a prompt response from an assistant superintendent, and we've now been told that our daughter is enrolled in the program, our requested accommodations have been approved, and there will not be an issue moving forward.

Last night I also reached out to a real estate attorney we'd used previously to see if there was anyone at his firm who handled education law.  This morning he called me back with another attorney on the line who works with education law, and apparently hates our daughter's school district with the heat of 1000 suns. He told me that they're notorious for handling disability issues badly, and he's eager to represent us if it becomes necessary.  He confirmed that they're obligated to accept her into the after school program and provide reasonable accommodations, and recommended that we insist they write that into her 504 plan.  I hope that we don't have to use his services, but it's very nice to know that we have that option moving forward.

Thanks for the advice, everyone.

Answer:
 > he's eager to represent us if it becomes necessary

Our son has an IEP. Initially we never had a problem. After no Child Left Behind we felt a little more tension but we always held our own. So one year, at the annual review, the person in charge hands the state's pamphlet and comments that it is a bit complicated with all the legal jargon. Offhandedly, my wife replied, "not a problem... we're lawyers and used to reading materials like this."

"You're lawyers?" "Yes." .... Silence.... Never had a problem after that.

We thought about doing education law when we opened our practice, but there is one larger firm in our state that has the market covered (and for good reason, they are tough & get results).Answer #2: > This morning he called me back with another attorney on the line who works with education law, and apparently hates our daughter's school district with the heat of 1000 suns.

I like this guy.Answer #3: >This morning he called me back with another attorney on the line who works with education law, and apparently hates our daughter's school district with the heat of 1000 suns.

(said in Montgomery Burns' voice) Excellent
Answer #4: This is great news!

Sometimes you don't even need to hire a lawyer to deal with the school, you just need to mention that you have one :-)

I wish you and your daughter the best, and thanks for the update!


Title: As a Nail Technician, am I liable if I accidentally made my client nail bleed?

Question: There were some clients arguing about the possibilities of suing me for liabilities if I made them bleed.

Answer:
 If they bleed badly enough that they have to rush to the emergency room because they need stitches, they could likely come after you for medical expenses.

If you clip the skin a little too deep and it bleeds for a second, you dab it away and all is well, no.

If you clip the skin a little too deep and it bleeds for a second, you dab it away and then 2 weeks later they come back and accuse you of giving them an infection due to poor sanitation standards, yes you could be liable for that as well if they accusations of poor sanitation standards are accurate. Answer #2: Its possible.

Nail Tech, or manicurist, is a profession requiring licences. I'm guessing there is a duty of car and if you violate that, you suffer liability.

Otherwise, if you have a job and on that job you cause harm to another of course you may have liability.


Title: [MD] The town municipal water department is charging me for service when water is turned off.

Question:
I'm in the process of renovating my bathroom and plumbing in my house and I'm almost complete!  Now it's time to turn the water back on and make sure everything works.  I let my bill lapse because if I have the town shut off the water it's $50 to turn off and another $50 to turn back on, opposed to $70 in late fees. The town cut the water November 30.

Today I went into to catch up with the bill and discovered that I was billed for December service as well when the water was cut off!

My question is:  Is this legal or overreach by the town?

Couple of side notes for your consideration
a) The town defines service as having a meter and bills for water usage as long as the meter is in the ground.
b) The water is undrinkable - in the past has come out black, smelling like eggs, clogged up faucets
c) My usage since October has been 0 gallons, and the fee schedule is from 0-1000 gallons(ish)

Answer: you can not be charged for utilities if the utilities were turned off. they should have pulled the meter if you had it turned off properly.


Question:
Benton County, Oregon.

I live in a large house where units are rented individually. The house is zoned as a 701-Improved Multi-Family (5 Units or More)~~single-family~~ dwelling, there are about 15 units and each room has a lock and an individually addressed mailbox. Bathrooms, living rooms and kitchens are shared.

Last Saturday, some neighbors in the house organized a large party, which I did not participate in. I spent the evening in my room, then went to bed.

Around 3am Sunday morning, I was woken up by the sound of banging on doors. The police had entered the house with a warrant to search for alcohol and audio amplifiers. The warrant was for the house address, not a specific unit.

The police had all the residents exit their rooms and go to the living room. Several doors had been kicked in. Every room was searched.

We were read our Miranda rights. Everyone, including myself, was then questioned. An officer threatened to charge me for withholding information. We were held in the living room for about three hours. Around 6:30am, we were told we could go back to our units.

My questions:
Were the police legally allowed to search our individual units?
Is it true that you can be charged for withholding information in this case?
Should I file a complaint with the police department?

Thank you in advance for any advice!

Edit: I checked with the county's property assessment office, and the house is actually classified as 701 - Improved Multi-Family (5 Units or More).

Answer:
 I'm impressed that a single-family dwelling has room for 15 units. It's a somewhat unusual situation, but I would think that a warrant would presumably cover every room in the house, especially given so much shared space.

There are still some aspects of this that don't smell right. Alcohol and audio amplifiers aren't illegal, unless you're underage, but even so, it seems very unlikely that the police would seek out a judge to get a warrant in the middle of the night in response to a noise complaint or underage drinking. They might show up immediately, and then confiscate things or make arrests, but a 3.5 hour mass interrogation, including arrest, is very strange.

Is there any reason to think they were after something much more serious?


Title: [WA] Conflict of interest at childcare center

Question:
Hi folks,

I'm a childcare worker in WA for a large university. The company I work for has a contract with the university to provide childcare for their students, staff, and faculty. I, and all of my coworkers, are considered affiliate staff.

The childcare center that I work for (we are one of several) provides childcare only for staff and faculty. In the past, I have had co-workers who end up having children and asking our company if they can enroll their child at the center. The answer has always been "no" because there would have been a conflict of interest. Well, recently, our director became pregnant and apparently she had spoken to the owner of our company and requested that her infant be enrolled at our childcare center. The owner said that they would try to work something out.

Obviously, after hearing "no" for all these past years, the staff are a little irked that the director may now be able to have her child at this school when they couldn't.

If it ends up that my director is able to have her child at the center, I will probably end up quitting my job and filing some sort of complaint, but I'm just not sure who I should go to. I'm guessing I will need to somehow get access to the university's contract with my company?

Thank you.

Answer: Unless you were kept from enrolling for reasons of being a member of a protected class this does sound like discrimination but not ILLEGAL discrimination so you have no grounds for a legal complaint, a logic and moral one perhaps, but they don't have to do anything about either.


Title: California: Landlord does "inspections" almost monthly (San Francisco)

Question:
I can only find info about reasonable notice. He does give notice (24 hours) but does these walkthroughs approximately every month. I've never lived anywhere where the landlord enters the apartment this often and don't know if there's any limitation on how often it can occur?

Also, I lock my bedroom door during these but come to find out he's bought the same doorknob and all the keys are the same, so he uses it to enter my room (i never gave him a key but did give our main tenant a key).

He uses these walkthroughs to try and find anything going on in the apartment he can use to evict as we are rent controlled and he's attempting to get rid of all of the rent controlled tenants to have an easier time selling the building.

I'd just move, but it's San Francisco. Not that easy and very expensive. So far he hasn't found anything in our apartment, but the constant checkups are getting to feel like an invasion of privacy.

Typed on my phone sorry for errors and formatting

Answer:
 This seems to answer your question. Unless he can articulate a reason for the inspection you should deny him entry.

http://housing.org/wp-content/uploads/2012/03/Landlord-entry-annual-inspections.pdfAnswer #2: According to [California Civil Code 1954](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1):

>(c) The landlord may not abuse the right of access or use it to harass the tenant.

~~You'd have to prove that the monthly inspections are "abuses" of right of access or harassment. Unfortunately the code doesn't define what "abuse" would mean, and "making an inspection" is an allowed reason for a landlord to enter a unit in California.~~

While "inspections" are an allowed reason for a landlord to enter a unit, according to [subdivision (f) of Section 1950.5](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1950.5.) (which is referenced in 1954), an inspection can only be once a tenant says they are going to move out.


Title: Parents divorced 4 years ago, do I owe my mom anything? -IL

Question:
My parents divorced 4 years ago in Illinois. There's an official divorce decree for that one. They have since been going to court since right after to fight for more/ follow up. My parents owed each other things in the divorce that they BOTH didn't pay out. Even 4 years later. Now, estate and assets aside, I inherited an IRA which I was 50% beneficiary on. My sibling was the other 50%. My mom was supposed to get a large chunk of that, do I owe her?

Here's where it's gray- personal debt dies with you? My dad didn't leave a will so there's a whole thing about the house because my mom was supposed to get money from the divorce from that. I get that, sure. I'm sure the estate will have to pay it out.

However, the Ira doesn't go through the estate if you're named beneficiary. The account has already been transferred to us. Is she owed that money? (Legally, not morally. And trust me, morally, no.)

Answer:
 The estate has to pay its debts before it is distributed to the beneficiaries.  So no, personal debt does not die with you UNLESS it exceeds the value of the estate.

The IRA however does not go through the estate if it has a designated beneficiary, and bypasses probate.  So no, money from the IRA is not owed to the creditors of the estate.

Also, do talk to an IRA tax specialist, because taxes around IRAs are complicated.Answer #2: >My mom was supposed to get a large chunk of that [the IRA]

Per the divorce decree? Cripes. Division of retirement benefits is something even experienced domestic relations attorneys often outsource to specialists... and your competing beneficiary designation makes it even more complicated. I don't think anyone here can tell you if you owe her anything -- you need an attorney who knows both family law and estates to get that kind of answer. (Agree with /u/Astraea_M on everything else.)


Title: Please help. GF broke up with me and I'm moving out of the apartment but they want me to keep paying my 3rd of the rent through the lease.

Question:
We lived in an apartment complex in Washington state.

We broke up and I offered to move out of the apartment because it was depressing to live there without her. Her best friend was our roommate but they want me to continue to pay my 3rd of the rent through the remainder of the lease. I am listed as a roommate on the lease, the GFs best friend is the lease holder. I did not sign any type of roommate agreement form when we moved into the apartment together. We did have some verbal agreements about what would happen if this situation occured but I do not intend to hold myself to anything that I cannot be legally held to.

I spoke with the leasing office at the apartment complex and they said I could be taken off of the lease but everyone listed as a resident there needs to go to the office and sign a roommate release form. I told my old roommates this and they said they would not sign it because they said I agreed to continue paying my portion of the rent. As there is no physical proof of this, I would like to not give them any more money than I have to.

Is there anything I can do to further my side of the case or to pressure them into signing the release form? Also, is there any way they can take me to court and if so, what repercussions might I face?

Some background information that is somewhat relevant: the GF's dad is a bankruptcy lawyer so she may be able to have her father perform work for free. My only fear is that she can have her father waste my time and money with a bullshit case. I will lose a lot more than he would.

I will try to respond as often as I can and I will be more than happy to provide any information that is request within reason... Thank you guys in advance. This is my first time going through this and I am scared.

Answer: Tell them that since you have to pay rent, you've decided to stay.   Maybe they'll change their mind.


Title: A relative of mine served jail time 15 years ago, however she can't remember who her lawyer was

Question:
- she went to a jail in California, city called Dublin.
- she was not allowed entry back to the US for 5 years however, its 15 years since she has left the US, but they denied her visa to attend a wedding.
- She wants to find her lawyer so she can speak to her about the issue but can't find her name

What can/should i do ?

Answer:
 > she was not allowed entry back to the US for 5 years however, its 15 years since she has left the US, but they denied her visa to attend a wedding.

Five years is a minimum ban.  They never, ever ever ever have to let her back in.  Ever.  Nor do they have to let anyone else in, to be clear.

She doesn't necessarily need to speak to her prior criminal attorney, although she's certainly free to.  Her issue now is more immigration, which that prior attorney likely can't help much with.

To answer your original question, though, the fastest way to figure out who that attorney was is to go to the court where she was convicted and to pull the records of the case.  That may be free or may cost a little money.


Title: Bankruptcy lawyer has not paid any of our bills.

Question: [deleted]

Answer:
 That's on your Trustee, man. They distribute payments not the lawyer. Your lawyer should ensure the vehicle had filed a secured claim. If they haven't they (your attorney) needs to do it. If you dismiss your case you will owe in the vehicle arrears and they can repo it. If you stop your payments to the BK thru can repossess it before the dismal as well if they file a motion soon enough. If you're in a chapter 13 the payments are structured and distributed based on your chapter 13 plan.

Edit by filing a claim you need to ask if the creditor for your car has filed a proof of claim. Do you have access to the chapter 13 network? That will show how your payments are being distributed, too.  Answer #2: Can you clarify some things?

So, normally you make the payments to the Trustee.  The Trustee distributes the payments to the creditors.  Did you have some other agreement?


Title: [New York, NY] Immigration lawyer won’t meet me but demands payment

Question:
I hired an immigration attorney who was supposed to be filing documents for a spousal green card.  For the sake of brevity I will dive into the details:

* Initial retainer was paid upfront
* Currently filing the last stage of the case for the Adjustment of Status (AOS)
* Attorney suddenly goes dark (not answering email, phone calls) after emailing me that I must pay the full legal fees before filing the rest of the documents
* On the fifth day, after several unanswered calls/emails, I receive a phone call from a woman (a total stranger to me at this point) who claims to be both his “wife” AND “assistant” and begs/demands that I pay the remainder of the legal fees and tells me to “trust” that everything will be alright
* Woman starts to go on a tangent about their financial situation and that the attorney is “busy”
* Woman then says she will email me the invoice and that I can leave the funds with the receptionist
* I request to meet face to face at his office but received a lot of resistance.  Woman keeps demanding that payment be made before we can go forward. Finally she said she will talk to him and call me back.

At this point I feel uneasy proceeding or making any type of payment decisions for the following reasons:

1.  Work is not complete
2.  First time hearing that he has an assistant (no mention in his email signature) and I’ve never seen her before
3.  “Assistant” mentions financial problems and issues with accounts receivables during the call (why is this relevant to my case?)
4.  Attorney is “too busy” to meet or speak with me without my payment BUT an appointment is available once I pay
5.  A trip to his “office” (co-working space?) ends with receptionist (not the same as assistant) unable to locate him on 2 separate business days in a row
6.  No replies to my emails or calls for 5 days

The issue is that he’s currently in possession of documentation that I will need in order to file myself. So given the above details, I have these questions:

* Can his “assistant” legally be an intermediary between the lawyer and me?
* Is it enforceable if she emails me the invoice or contract?
* No initial contract was signed
* Attorney says $XXXX is due but assistant mentions of $YYYY

Reddit, I am seeking advice on how to resolve this in the best way possible even if it means switching to a different lawyer or just plain doing it myself.  How can I compel him to release my documents if he is nowhere to be found?  I’m seeking advice on this time-sensitive issue.

Thanks in advance.

Answer:
 Ordinarily, I'd say running out of the retainer and needing to re-up that retainer is a common issue, but taking your post at 100% truthful, you have a *lot* of issues here. You need to contact a representative from NY's state bar and explain what's going on here. I would absolutely not leave funds with any receptionist without seeing that attorney face-to-face, and the fact that they have financial/AR problems is throwing up serious red flags.

Contact a representative at the state bar and explain what's going on. They may be able to give you some guidance or ask you a few questions.Answer #2: Did you check if the guy is even a real lawyer? http://iapps.courts.state.ny.us/attorney/AttorneySearch


Title: Not getting deposit back even though I never moved in

Question: So long story short I put an $850 security deposit down on a place to move into Jan 1st. I had a change of plans and am now moving to another city to finish school. I gave the deposit to the main renter of the house (3 girls living in 3 bedrooms) and never signed any lease or paperwork. She is now saying I forfeit the deposit even tho I never moved in. She is saying they will have to use this to the first months rent if they don’t find anyone to move in by then. Is there anyway around this and a way to get my deposit back because I did not sign anything?

Answer: That's pretty much the point of a deposit.  You pay them to hold the apartment for you, and if you back out, you lose the deposit.  The reason is that the apartment's been off the market, and now that we're halfway through December, it's probably unlikely it'll get filled by Jan 01.  So she's right, that deposit is supposed to cover the first month that they lost because you backed out.Answer #2: Depends on what your agreement with her says.  Hell you could be on the hook for rent until she finds someone to take your spot.Answer #3: That's the point of a deposit if u don't move in they take it


Title: Tap water in clubs and bars

Question:
Hello, I tried googling this question and could not find a conclusive answer.

&#x200B;

Are clubs and bars that serve alcohol legally required to serve you (free) tap water as well? Does this change state by state? I was at a club in Chicago and was denied any tap water. The bartender said they only had $7 fiji water bottles available. Thanks for any help!

&#x200B;

Best,

Justin

Answer: No, neither Illinois nor Chicago seem to have laws in place to force establishments to provide free water.


Title: Moving into a KY apartment...there is a very weird clause on my lease.

Question:
There is a clause on my new lease that says something to the effect of 'the materials used to construct the apartment building may be hazardous  to your health in minor or severe ways; if you sign this lease, we cannot be held liable for the construction of the apartment harming you and you will be responsible for our attorney fees if you sue'.
If you want the full text, I think that I can provide it...just don't have it handy presently.
I just wanted to know if this is normal or if I should be worrying about lead poisoning or something.
Edit: I forgot how to spell.

Answer: It might have something to do with [Chinese Drywall](http://en.wikipedia.org/wiki/Chinese_drywall).


Title: [Ontario, Canada] Dog jumped on mailman, who will sue for $25K

Question: [deleted]

Answer:
 >The mailman wants $25,000 or I have to relinquish my ownership of my dog.

And I want to become president of the USA (I'm not even a US citizen) he can want to have anything, it doesn't mean he get's everything.

Also never take legal advice from an opposing party. Hope somebody else can tell you about dog laws in Canada.


Title: SHOPLIFTING COURT DATE MOVE?

Question:
Hey I could really use some help... I got caught stealing at Kohl's about a week ago and I'm waiting for my court date to come in the mail. I was trying to steal 3 articles of clothing costing up to 75$. I'm afraid my court date is going to very inconvenient for me for which I'm leaving the state soon for a while. What should I do? Can I get a public defender to move it up or delay it?

Btw I'm in Indiana if that changes anything .
Topic:
Criminal Law

Answer: Facing the consequences of your actions can often be inconvenient. You may need to change your upcoming plans. Get a consultation with an attorney and see what they think.Answer #2: Sure, good luck. You'll fine "move it along judge, I gots things to do" doesn't really play well in a legal setting.


Title: Please help..Need to know who is responsible for new hood on a car. thanks!

Question: One night we were all at a party and after the party I decided to drive a couple of us up to the bar which is really close but I hadn't drank a lot and it was my friends car. Some of the other people were walking down the driveway and I decided to mess with them and drive at them. It wasn't a far distance so I wasn't going very fast but by the time had go to my buddy he decided to jump on the hood of the car but he jumped so hard that he not only dented it but ripped the entire paint off of the spots where his feet hit. The entire hood has to be replaced now and its is around $900. I did drive at him going maybe 5 mph and it was a very short distance and I was coming to a stop as he jumped on the hood. His argument is that we were both messing a around and he thought I was going to hit him and my argument is that I was messing around and he knows I wouldn't of hit him and then he proceed to jump on the hood with enough force to not only dent it but to ripe the paint all up. He is saying that it is 50/50 for paying on the hood but I am just confused on why I should pay when I didn't do that actual damage and we all know that I wasn't going to hit him...Also this is my college roommate and friend since middle school and I was driving someone else car. Yes I was messing with him but he 1) didn't need to jump and 2) when he did jump he jumped with a lot of force onto the hood. Please tell me thoughts on the subject and any questions. Thanks (Illinois)

Answer:
 Be grateful your friend is willing to pay for 50% of the damage. You might have known you weren't going to hit him but how did he?

Stop using a 2 ton lump of metal as a toy. Sheesh. If you want to play with vehicles, duke it out with tonka trucks.


Title: SIL (22f) is in San Diego hospital. Her husband, my BIL (29m), is in jail.

Question:
My wife and I live in Minneapolis and received a phone call this morning. It sounds like BIL physically abused SIL last night and it was caught on security cameras. Hospital says they are surprised she is alive as he smashed her head into the ground multiple times outside the convention center.. We are flying to SAN on the next available flight to bring her back to Minneapolis. She is in denial that this happened. They have an apartment in L.A. so we are planning to drive there and collect some personal items. We believe they were binge drinking but drugs are a possibility as well. We would like to see the video of the incident. How should we handle this?

Tl:Dr - BIL violently beat my SIL in San Diego. We are flying from MSP to SAN. Looking for help on how to proceed with legal matters and seeing video of incident.

Answer: You report it to the police. She can try to sue him for her costs paid to treat her injuries. She should file for a divorce and a restraining order.


Title: [USA - UTAH] [PHILIPPINES] - Unemployed ex wife is saying that she plans on claiming our child on her income taxes this year. She hasn't worked in years, claimed any income, have a W2, or live in the United States.

Question:
My ex wife and son live in the Philippines. I am a resident of Utah. I have physical custody of our child one month out of the year.

I received a message from  my ex wife this morning stating that she would be claiming our son on her  taxes this year (2018, filed next year) and that i should not claim him. According to our divorce decree, if we're both filing income taxes, then we alternate claiming our child every year. My ex wife hasn't worked in years and I believe that she's going to have one of her siblings claim our child and split the benefit with them.

I have no problem with her claiming our child, as I've claimed him the past five years since we've been divorced. I think our child should be claimed on my taxes or her taxes, not on some third party's taxes.

Legally, can she have her siblings claim our child? Is there a way that a can see if he's been claimed by somebody and who? What are the consequences of doing something like this, supposing it's not legal? Can I file a preemptive report with the IRS that somebody other than the child's parent might try to clean him, assuming it's not legal?

Answer:
 Since you only have the kid one month a year you should probably let this go...
You sound like a micromanager with this post. Not saying you are but if you are maybe take a look at this scenario. You dont have the kid 11 months a year, if you are foolish the kid sill hear all about it and this will be your real burden to bare.


Title: Forcing customers to wear their brand

Question:
This is a real stupid question but I am curious about it.

There is this new thing called trampoline parks where it is an indoor playground loaded with trampolines everywhere instead of floors.  They have basketball l, dodgeball and just regular jumping around.

When you go in you have to sign a waiver and buy special socks which have traction on the bottom.  Basically like slipper socks.

We went in with socks from another place and they let us in but when my son when to do dodge ball they said no.  New policy requires you to have their green and black socks.

Is it legal for them to force you to wear their socks?   If you wear them underneath thy still won't let you on as it "advertises another brand".  They don't even lie and say it is for safety issues.  To me that is like saying he can't come because he has Nike instead of under armor.

Is it legal for them to do that?   Don't have a leg to stand on as they will just kick you out right or wrong but I do wonder if they are legally able to enforce it.

Answer: Why do you think you have any particular right to force a private company to let you come in and use their space? If they care enough about it to not take your money, then that's a lost customer for them. When they lose enough customers, they'll change their policy.


Title: SO left me and baby

Question:
My husband left myself and our baby yesterday without warning. I am fairly certain he has serious mental illness and may have had some sort break in the past few weeks as his behavior has been over the top. I am understandably concerned about him trying to gain any kind of custody of our child. What can I do to protect us?
I am in the United States, in the South

Answer: Well right now if you're married he has as much custody as you do. Do you want a divorce? Or to get him to seek help? What is your goal here?Answer #2: Document everything going on that gives you cause for concern on his mental health.  If you can audio/video record and store it online with some sort of time stamp.  If you can't do that then write it out on pen and paper and have it notarized, credit unions and banks your a member of can do this for free.  If you can have him seek medical attention as mental illness is a serious problem that is under treated in the country.


Title: I got into a super minor car accident and the other driver wants to file a "reckless driver complaint" and take me to court?

Question:
It was bumper to bumper traffic and I barely scratched the other guy's car when I was trying to merge into another lane. The guy mentioned he wanted to file a reckless driver complaint against me, and that he'll do anything in his power to make sure I don't drive.

I'm 20 years old and have never gotten any ticket or been involved in an accident, so I'm not quite sure how this situation is supposed to play out. My car insurance agent recently told me that he wants to take me to court, but also mentioned that my insurance company should resolve all of this.

Basically, what should I expect happen?

LOCATION: California
Topic:
Insurance

Answer:
 >he wanted to file a reckless driver complaint against me,

He doesn't get to make that call, the police do. And I have to say, that he is unlikely to get traction with this with the PD.

Let your insurance company handle this.Answer #2: He sounds like a blowhard.  Keep in contact with your insurance company, and notify them immediately if you receive any notice of a civil lawsuit against you.  They are obligated to provide you with counsel in this event.


Title: Nude images of you (as a minor) on the internet? Lawyer up? What to do?

Question:
Hello,

A close friend recently had images posted on reddit.com and they were of her when she was 15/16 years old. Using tineye.com we can see they are on a few sites, but their contact links are dead and we are unable to get in contact with them.

Seeing as this is difficult we figured legal advice might be the best option.

Also, is there a possibility that she could be in trouble for "distributing" these images or being the original sources? They were taken roughly 14 years ago and she is confident they were never sent to anyone, so she assumes they were hacked or taken from her PC.

Thanks!

Answer:
 > is there a possibility that she could be in trouble for "distributing" these images or being the original sources?

Yes, but most places, reddit especially, will remove images that even have the suspicion to be CP so I would just alert the admin of any website where they appear.

You won't be able to get them off everywhere, that is nature of internet. Answer #2: It is far more likely that they were sent to someone than it is that someone hacked her computer and stole them.

She can contact the National Center for Missing and Exploited Children- they can help her navigate this.

It is technically possible but VERY unlikely that she’ll get in trouble.  A


Title: [Western Pa] Cops searching trash can

Question:
PA
[skip to the bottom paragraph for the super quick legal question]

Well one night I see 3 flashlights and individuals dressed in black on my neighbors porch acting sketchy. It looked like they were trying to break in. Called the cops and it turns out they were cops. But is it legal for cops to come up onto someones porch and search a trash bin in the middle of night without a warrant?

Like I understand if the trash is out for pickup or by the road it is legal for cops to search. But his garbage was on his porch still, far from the road and grabage pickup wasn't for another 3 days.

All they found was a mini butane tank from Lowe's and 1 box of Sudafed. But then proceeded to get a warrant and raid his house for suspicion of a meth lab.. ironically all the guy does is smoke weed, so they came up pretty empty handed other than paraphernalia shit, which they didn't even take all of it....

Anyways is it legal for a cop(s) to come onto your property, onto your porch and search a container without a warrant? Especially without telling you they are on your property? Just seems very sketchy to me. Like if someone random came on my porch and stole shit outta a can isn't that theft??

PS: He is currently seeking the best legal advisor around and should be bailing out soon. Just trying to see what I can do to help my neighbor out while he waits on a good council.

Answer:
 The porch becomes questionable and I would argue is an illegal search, but it’s very fact specific. The question is if they were in the Curtilage of the property.Answer #2: Trash cans? Porch? Curtilage?

We need an MS Paint diagram before we can do any further diagnosesAnswer #3: [This highly related read](http://www.wweek.com/portland/article-1616-rubbish.html-2) was posted to TIL a few days ago. I may also give you a few ideas how to proceed. Enjoy.


Title: Military Confinement and Criminality

Question:
Hi Folks,
Whilst I was in the army, I was in confinement (jail) for 2 weeks for not being well dressed in my uniform in public. It has left a record on my Military Discharge Certificate as 'days lost'. However, it has not left anything in my Criminal Record and my Criminal record is spotless.

My question is, whilst applying for tourist, visas, etc, in the civil world, and part of the application/s mentions if I have ever been to Jail, how should I respond? I want to avoid misrepresentation.

Also, in my jurisdiction (Cairo, Egypt), Military jail time is considered strictly internal, so I don't have to disclose it to the public here, but I'm more concerned about visa application/s and what I should be disclosing with embassies.

Answer: I doubt anyone here knows how Egypt operates. Sorry.


Title: My father died and my mom (his ex-wife) is trying to take everything from my sister and I.

Question:
My mom lives in NH, my father did also and died there. My sister and I are military and live elsewhere.

My father died back in January. It was unexpected and the cause of death is still not clear but he was young and didn't have a will of any kind. My parents divorced several years ago but my father didn't change any of his paperwork to reflect this (her name is still on life insurance policy at work, etc). When we first found all this out, my mom promised that of course my sister and I would get all of his money since they were not together. But it is a substantial amount of money and now she's singing a different tune.

The two sources of money are coming from his life insurance policy and the remainder of his 401k. The insurance company actually requested proof that my sister and I would be receiving the money because of certain things written in their divorce agreement. I have not seen the money but I don't think that'll be the issue. The issue is the 401k...after my mom found out how much was left (she received half of it in the divorce several years ago) she has told my sister and I that she is straight up keeping the entire thing. We are super pissed, mostly because this is the last gift our father will ever be able to give us and also because my mom is honestly a greedy bitch, treated my dad like shit, and doesn't deserve it.

My question is: do I have any legal options? I am his eldest child, and he never re-married. Her name is on all the policies, but even the insurance company doesn't think she deserves any money from him and is trying to make sure we get the money and not her. It's a substantial amount of money and she's not even discussing the matter with us anymore, she has just gone back on her word and decided to keep it for herself. Is there anything I can do?

Answer:
 Contact a probate attorney. They know the laws best, and they will be able to discuss what options, if any, you may have. Answer #2: does his estate have an executor appointed by the probate court?  what does the divorce settlement say about dividing the 401k. did it put a time limit on separating the account?  have you asked the bank that holds the 401k for your half?Answer #3: Definitely talk to a probate attorney.  There may be actual recourse.  In some states there are laws saying that after divorce any designation of the former spouse as a beneficiary in a will or in a life insurance policy is automatically voided.  I don't know if that is the case in NH, but it's worth looking into.

You'll need a NH probate attorney, and it would probably be most cost effective to find one in the county where your father passed.  This is because you will probably have to have his file with the courts to probate his estate.  If her designation on the life insurance is invalidated, then the funds will likely go to the estate and then through the estate go to you and your sister.Answer #4: You need a probate attorney.


Title: [MO] What laws are there concerning domestic abusers and assaulters paying victims medical fees?

Question:
Hello, I’m drafting a few bills to try to get passed in Missouri and from what I can tell the perpetrators of domestic abuse and general assault  scant have to pay for their victims medical fees. While a judge may order them too I feel like the law should require them too so they[the victim(s)] have assistance aside from a state victim fund. Am I correct in assuming no laws exist requiring perpetrators to pay?
Topic:
Criminal Law

Answer:
 Do you have any experience drafting legislation?

How do you plan to get indigent defendants to pay?  Can you explain why assault should be treated differently than other violent crimes to the person?  What is the problem with using small claims, or the general civil system for the victim to sue for damages?


Title: MI: Legality of using an instagram model's pics for Tinder and putting my PayPal to get free money?

Question: Thinking about making a tinder, using a lesser known instagram model's pictures (or something like that) and putting my PayPal in the description. Goal is to get money. But is it legal?

Answer:
 10/10 legit post 100% by u/randomincel2018Answer #2: It’s fraud. Whether anyone would take action against you when they were soliciting sexual services (photos/video) via tinder is a different question, but it would nonetheless be fraud. Answer #3: It's fraud and it's copyright infringementAnswer #4: no it's not... that's impersonation.Answer #5: *Your post has been removed for the following reason(s):*

**Troll Post**

* Your post here has been reported as a potential troll or falsified post.

*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules).  If after doing so, you feel this was in error, [message the moderators](http://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).*

*Do not reply to this message as a comment.*


Title: [MA] Legality of my exceptionally stupid business idea

Question:
Hello,

Over the past few years there has been a a huge surge in the popularity of food trucks, especially in the Boston area. People often subscribe to their twitters so they know if the truck will be in their area at any given time. They generate recognition by branding themselves in really fun ways and seem to do really well.

The places they park have tons of foot traffic, especially around college kids. And I've identified a few of these places that are pretty far from liquor stores.

How feasible (in the legal sense) would it be to open up a "Liquor Truck"? A food truck style van that sells bottles of liquor and maybe beer. EDIT: I mean sealed bottles of liquor and 6 packs, not open drinks or anything like that.

I know I would need to get a license to sell liquor, but my understanding is that its not super hard (its the license to serve which is hard). Though the city is known to fight certain things that skirt the law (haystack), while allowing other things (uber) to operate. Not sure where a liquor truck would fall.

I often come up with ideas and toss them around, but never actually follow up. I like this idea a lot though so I want to go talk to a lawyer about it, but I don't know what kind to talk to. And I'd also like to know if there is some huge glaring thing I'm missing that would signal that I'm just wasting my time.

Please be gentle I know how silly it is.

Answer:
 I think you'll run into problems with open container laws since you'd be serving on a sidewalk and have open containers in the truck itself. So there's that.Answer #2: My gut says that this will be illegal, especially since Boston has some odd restrictions on bars already. That said, it could make a lot of money. Those two things balance out enough for me to say that (if you're serious about this) you should talk to an attorney and have him research it for you.

Contact your local bar association (the lawyer kind, not the liquor kind) and ask for a referral to somebody who deals with liquor laws and restaurants. I think the biggest legal hurdle isn't for you, it's for your potential customers.Answer #3: Liquor licenses are typically granted to a specific address, and so you would probably not be licenses outside your address. You would have to research th Massachusetts liquor license regulations to be sure.Answer #4: Liquor licenses in Boston are really tricky and are usually given out for a specific location, and involve approval from neighbors. You can get a license for a temporary event to serve alcohol at, say, an outdoor festival. But it has to be in a limited area. A roving alcohol truck would just never fly in Boston.

New Orleans, though. Man, New Orleans would love that if they don't already have one.


Title: California, USA - How screwed am I on the terms of my rental lease?

Question:
Backstory: My girlfriend of two years and I moved in together last January, both signing a 1-year lease. She works part time and was going to school so I had agreed to cover the full $1,000/mo rent.

We broke up a little more than a month ago and had still been living together. She doesn't have any friends or family to live with and can't afford to pay for her own place. It was a little tense, but I was fine continuing to pay the rent and let her live there until the lease ran out when we would both move out. Unfortunately, last week we had an argument that escalated in to her assaulting me. The cops were called and she spent two nights in jail.

I obviously don't want to have anything to do with her anymore, but when I went to go talk to my landlords they said my hands were pretty much tied. I can't back out of the lease without finding a new tenant to take over, but I can't find a new tenant without my ex-girlfriend's consent to move out which she has no incentive to do.

In the meantime I have moved all my belongings and have been staying with my parents. I'm trying to figure out if there's a way for me to not have to pay rent for a place I'm not staying while my ex is living for free.

TL;DR: Signed a lease with my girlfriend, turned out she's crazy. Now I've moved out, but I'm still paying the whole lease while she lives in the house for free.
Topic:
Landlord Tenant Housing

Answer:
 Is this your ex's post?

http://www.reddit.com/r/legaladvice/comments/2ho6fj/looking_for_advice_for_what_my_best_course_of/


Title: [WA] My new apartment smells like an Indian restaurant and my landlord is not willing to do anything about it

Question:
I signed a 12 month lease and moved in to a new apartment at the start of this month, and it smells very strongly of Indian food. I had no idea this was a common issue, but some Googling indicates I'm not the first person to encounter this. I asked my landlord about it during the walk-through, and he denied smelling the smell, but suggested that the place had been closed up for a while, so I should air it out. It made no difference. I've spent every weekend so far cleaning thick yellow oily sludge off of the kitchen. It's everywhere (there are dark oily stains on the walls and ceiling). My landlord agrees the sludge is nasty, but is insistent that it doesn't smell.

So far, the only steps he has taken to mitigate the situation are buying a ozone generator, and sending a cleaner. The cleaner just wiped down the kitchen with Lysol wipes, which I've done before (and sent him pictures of the wipes, so he knows I've done it). The ozone generator creates its own smell and requires me to air out the ozone every day when I get home from work. It has been running every day for weeks and seems to be making no difference overall. He says there is nothing else he can do since it is a functional apartment.

I just want to be done with this. It has ruined every weekend I've had since I moved in. When I have friends/family over, they can't stand to be in there without every window open. Can I get out of my lease over this? There is nothing in the lease about smells/odors.

Tl;dr: my apartment smells like an Indian restaurant, and my landlord won't fix it. He says there is nothing he can do since it is a functional apartment. Can I get out of the lease?

Answer:
 Bad news: the smell is never going out

Good news: you will grow used to itAnswer #2: Non legal advice that may help.

There are things that can *reduce* the smell of those spices. They won't get rid of it completely, but might reduce it enough to be okay until someone can really get in there with enzymatic cleaners (the real solution, but expensive and labor intensive).

Plain old white vinegar, plus the juice of of lemon. Use about a two to ten ratio of vinegar to water, then dump in the lemon juice. The lemon is there partly to reduce the stink of vinegar, but does cut through the oils a bit by itself.

You will go through three or four buckets worth for the average home kitchen. You'll have to scrub like crazy and keep your cloth/sponge soaked because it isn't about rubbing the oils off, you have to get the vintage solution into the pores where the oils are hiding.

It's messy, it's hard work, and it'll take a few days for the vinegar smell to go away. But it usually takes that kind of smell down to where air fresheners can cover it up.

It also isn't a truly permanent fix either. Once you've got curry smell soaked into the walls like that, time is going to have the deeper stuff coming out. It won't be as bad, but it'll still be there.

One of my exes cooked the crap out of British style curry and that's how I had to control it once we broke up.Answer #3: Smelling like Indian food is not a breach of the implied warranty of habitability, so you cannot terminate your tenancy over this. It should dissipate over time.


Title: My mom fell while in the hospital

Question: My mom was in the hospital withdrawing from alcohol. This morning I got calls from the hospital telling me that my mom fell and hurt her hip. She wouldn’t listen to the nurses and stay in bed (she’s also still in a very confused state). She had an X-ray done and her hip is fractured - they want to do surgery. Is the hospital at all in the wrong? I’m just worried about my mom. We’re in Canada.

Answer: Most likely not. Long time alcoholics often have low bone density, and as long as the hospital was following basic precautions it is not their fault your mom got up and fell.


Title: My apartment complex assigned its only handicapped spot to an apartment number. As someone who is also handicapped I’m just wondering if it is legal for them to do this?

Question: I’m not the resident assigned to the spot but she is moving soon. I don’t use a wheelchair (I have chronic pain that flares up and have trouble walking due to it) so I don’t want the spot but even if the resident was handicapped, are they allowed to do this?

Answer:
 Every state/county/city has rules about how many handicapped spaces are required for a given lot size.

So we don't know.


Title: [Missouri] An incredibly nice girl (17) at my school got pregnant from her boyfriend(16?). How can I help her get child support payments?

Question:
He left her via text and I was wondering about the procedure to help her get child support payments. He says he wants to be involved but does nothing so he may just want to waive all parental rights. I'm just a 17 year old with an immense passion for law and politics and I want to seek justice for her.
Topic:
Custody Divorce and Family

Answer:
 > he may just want to waive all parental rights.

That is not generally an option. Children are entitled to support from both parents and one parent cannot just "waive" responsiblility. If she can prove that he is the father, he can be required to provide support. Support from a 16yo may not be much, but he won't be 16 forever and he will eventually have to pay.

If she marries someone else several years down the road and her new spouse wants to adopt the child, *then* he may be able to relinquish his rights so that the child can be adopted, but unless/until that happens, he's the father and he's responsible.


Title: (Saskatchewan, Canada) Roommate tries to sleep with extremely drunk chick and punched me in the face after our friend and I take her to sleep in a different room, other friend breaks up the fight and police show up and side with my roommate for unknown reasons

Question: So after the fight was broken up I started recording to make sure he doesn’t come at me again and ended up with video of him stomping on and breaking a very expensive computer monitor of mine as well as mocking me for “hiding behind a camera” when I said I wished to press charges to the police after they came back out they said there are no charges to be pressed at which point I was pissed because I assumed they sided with him because I’m the minority in the situation and I completely forgot about the videos and was taken by the police to my Grandmothers house where they left me for the night. I’m not entirely sure what I can do at this point but I think it’s not right that he gets away with punching me multiple times as well as damaging 2 monitors and possibly my PC (which will be really expensive to replace) any help with what I should do would be really appreciated

Answer:
 The police probably didn't arrest anyone because if someone had to break up the fight you may have crossed the line from self-defence into assualt and they are writing it off as consensual combat.

You can sue him for whatever he damaged.


Title: Our daycare was suddenly unable to provide care for two weeks and is now "reopening". We are moving our child to another facility and now our previous care is pursuing us for severance pay.

Question:
Our child was enrolled at an in home daycare for the last 10 months. In that time her husband  (let's call him Tom) decided that he wanted to transition to being a woman and long story short, they're getting a divorce. Tom moves out and the wife (let's call her Faith) takes over sole responsibility of the daycare. Last Monday October 30th when my husband goes to drop off,  Faith tries to not allow my husband into the house but he walks in to find Tom on the couch. My husband describes the situation as very contentious and uncomfortable. Faiths mother is also there who explains that Tom is trying to get the daycare shut down for whatever reason and that she is there to make sure the children are cared for. We have never met this woman before. My husband and all the other parents decide they do not want to leave their children for the day... who knows how desperate Tom is and what lengths he's willing to go through to have the daycare license revoked? The next day and for the following week, Faith says the daycare is closed and she doesn't know when it may reopen, if ever. We begin looking for alternative care and find a new place to bring our son. Today she reaches out saying that if she reopens on Monday October 13th would we come back? This puts her at exactly two weeks that she was closed. I decline, saying we've already found another daycare. She's now saying that we're required to pay her two weeks of severance pay. Does she have any legal right to this? Not only was she unable to provide care but she was going to allow these children into her home in an unsafe environment. Could really use some advise. Thanks all.

TL/DR In home childcare provider unable to provide care and says she may not ever be able to reopen. Decides to reopen after two weeks, we decline to bring our child back, she wants two weeks severance pay.

EDIT: We're in Northern CA

Answer:
 No, she does not, unless you have some very bizarre one-sided contract with this facility that requires you to continue to pay them even if they fail to provide services.Answer #2: I'm scratching my head trying to think why on earth this woman thinks she might be owed money.  Even if you had a contract that specified something like that, the contract went out the window when the day care closed indefinitely.
Answer #3: > She's now saying that we're required to pay her two weeks of severance pay.

First off: did your contract with her discuss termination, at all?

Even if your contract says you owe her two weeks if she terminates service, it's not automatically enforceable, but if your contract with her doesn't offer severance at all, you're done.


Title: I traded my car in, the dealership used my plates, skipped tolls and never paid the fines.

Question: I am a Wisconsin resident. On January 15, 2018 I traded in my car for a newer one at a major Volkswagen dealership. On May 19, 2018 I received a letter from Illinois Tollway claiming I skipped five tolls on February 17, 2018 with plates matching my old car's, and that the fines were overdue. I contacted the dealership and emailed a copy of the letter. It was agreed that the dealership would pay the violations "on my behalf" and would also send a form from the WI DMV which would eliminate my responsibility for the plates in the future. I ran into a lawyer friend of mine and asked if this seemed legitimate to him, and he said it was not professional but relatively harmless. The dealership did send this (with an addressed envelope and paid postage) and I completed the form and mailed it. Today, July 2, 2018 I received a letter stating the balance with added penalty had been sent to collections. I contacted the dealership and informed them of the letter and nothing was resolved. I do have all relevant phone calls recorded and saved, as Wisconsin is a single-party state. Please help.

Answer:
 [fill this out](https://www.illinoistollway.com/documents/20184/55330/Affidavit+of+Nonliability.pdf/533442e5-c48b-4ea3-b372-58afd19b2e57)

I would also report the car company to Wisconsin attorney general. They sound shitty. In the future, when you sell a car make sure you take the plates with you. Those are your legal property, and this case liability.


Title: Considering "hiring" day laborers from local hardware store to help with small tasks around the house. What are my legal obligations? [Michigan]

Question:
I'm in the process of purchasing a home that needs some light cosmetic work that is either beyond my skill level or ability to complete on my own in a reasonable amount of time. None of the work that I'm doing requires a building permit. Many of my friends and coworkers have recommended that I pick up some day laborers from the local hardware store. I've seen some of the work that they do, and have been impressed with the quality of the work I have seen. I realize that you get what you pay for when not hiring a professional contractor. I'm perfectly willing to take the risk that it might not be done 100% as well as it would if I hire a professional. What I'm curious about is what my legal obligations are?

For example, are they considered an employee and do I have any tax responsibilities regarding them? I will have homeowners liability insurance prior to any work beginning, but do I need additional riders to cover for any potential injuries? Am I required to verify that they are legally allowed to work in the country?

I do know that I am required to pay at least minimum wage, and plan to exceed that as a base rate and go beyond that if the work is well done.

Any advice that you can provide me would be greatly appreciated.

Thank you
Topic:
Employment Law

Answer:
 Homeowners insurance may not cover you for hiring uninsured laborers.  Just speaking from my own experience when we hired an insured laborer who caused excessive damage.  We had to verify that he was insured and I believe they would have considered it negligent on our part to hire someone who wasn't insured and might not have covered us.  It's a bit hazy because that was very stressful and a year and a half ago but I remember how relieved we were to find out he was licensed and insured.

Just saying you need to confirm, don't assume.


Title: BOA ATM MISSING CASH

Question:
01/07 Deposited $3400 at an Bank of America ATM.
machine took money spit out receipt saying $300 processed and "sorry some of your items could not be processed or returned. Please contact financial institution
Contacted bank. Opened claimed. Credited $3100 for error.
2/24 get claim letter saying "we've concluded our investigation and could not locate any additional cash" They have taken the money out of the account and now I am short.
I have the receipt from the ATM and the letter. But what am I supposed to do? Is there anything I could do? We are very sure of the cash amount. Any help would be appreciated.

Answer: It also might help your case if you can show some reason you'd be depositing 3400 in cash (i.e. just sold something expensive, here's what I sold and to whom.)


Title: (NC, USA) Coca Tea gave me a false positive.

Question:
I took a drug test, at the request of a General Contractor, for a job I was being to. It came back positive for cocaine. I went to my project manager and said there is no possible way since I've never done it before. He said there is nothing he can do at this point except talk with HR. I talk to my supervisor about it and he brought up to topic of foods or drinks making me test positive. I remembered I had a cup of coca tea that I bought when I was in peru back in March. I bought a pack of 50 or so. I looked it up and found tons of articles about people getting fired and papers proving coca tea can come up positive. At this point I was put on leave while an 'investigation' took place. I was contacted by the local drug lab so I could fight this and after I told them my story they said they are still keeping it a positive reading because it wasn't 'medically prescribed'. I went to the regional manager of my job and brought the tea in as proof. He wasn't much help either. All he said was that he has to talk with HR and they'll call me later. I've been out of work since Monday morning and I can't wait around when I need to be working. I also need to clear my name. Is there anything that I can do to get out of this?    I'm on mobile so apologies if text is a little incorrect.
Topic:
Labor Law

Answer:
 You can ask to be retested.  You can ask them to do a test for something longer-term, like hair.

But they are under no obligation to clear this report, since you did in fact test positive.

By the way, Wikipedia says that "Coca tea is illegal in the United States unless it is decocainized."


Title: (TX) Someone called CPS on me and my husband. Need advice please

Question:
Sorry for the formatting, I am on my phone.

Today a CPS worker showed up at my residence stating they received a call from CPS and needed to talk to us. We sat down and she shared with us that someone reported my husband I were seen doing drugs and drinking behind a store in a shopping center and then drove off with my daughter in the car about 3 weeks ago. This is absolutely false.

It was someone who knows enough details about our lives such as living situation, jobs, and my daughter.

We told the lady we had used Marijuana in the distant past and we consented to a on site mouth swab. Everything came back negative except my husband's prescribed medication for AADD. He did show her the bottle.

She had an interview with my MIL who lives in the home with us and she confirmed the allegations were false and we are wonderful parents.

I did a medical release and gave my daughter's preschool info along with info for some witnesses she could talk to.

She said she would follow up and would be looking to close and possibly exsponge the case.

My main question is whether or not I need to get an attorney or if there is anything I should be doing?

I would never ever do these things, but I am scared of and do not trust the system due to stories I have heard in the past.

Answer:
 You are past the point that an attorney can do anything. If the social worker comes back with anything other than telling you they are closing the case then get an attorney. If the social worker wants to ask more questions or get more info, contact an attorney.

Also, you should be fine. Most reports are bs so it is not an uncommon thing for the worker.


Title: [ca/pa] niece at risk for sexual abuse

Question:
When I was a child my older brother molested me until I was 11. My family knew and did nothing. Told my school who also did nothing. At 15 i was placed in foster care.

As far as I know no legal action was taken against my brother but my mother told me that she was found guilty of being a perpetrator by omission.

Brother went on to have 3 kids, the last being a little girl 3 years ago. I am terrified he is going to abuse her. I have tried calling CPS in pa 3 times and although they say they will look into it, I never hear back from them. I've tried contacting the child's maternal grandparents for help but I live in CA and have no relationship with them.

I am now 30 years old and I'm aware that stature of limitations has passed for pursing things for me, but is there anything I can do to try to protect my niece?

Answer:
 >I never hear back from them

You have no right to hear back from them and you won't.

You have done everything you can to protect them. You should stop calling CPS unless you get new information (a niece reports something has happened).