Title: [CA] does a locked gate imply no trespassing?

Question:
I'm currently in an argument with a friend over the legality of hopping a gate to go on a walk. This is purely hypothetical, we aren't actually going to do it but I'm still curious about the legal aspect of it.

There's this strip of land that is cleared under a line of telephone poles in our neighborhood that I assume is owned by the telephone company to provide them access to their lines in the middle of the forest.

My friend and I were riding horses near it and were wondering where it led to and thought it would make a fun trail ride, however, there is a locked gate preventing access. There are no signs stating private property or no trespassing, so basically, my question is, does a locked gate imply no trespassing? My friend stated that since there are no signs saying that you can't pass means it's okay, but in my mind, the gate implies no trespassing, and simply the fact that it is private property would do so as well.

Answer:
 Of course it does.

I don't have a no-trespassing sign on my front door, but that doesn't mean it isn't trespassing (or breaking and entering) if you batter it down and come in.


Title: Mother takes ativan and ambien with two bottles of wine. Dr assured me they would not give her Rx anymore. EMS was called for second time last night and she has new script from same Dr. (eastern NC)

Question:
She is 49 and has developed a bad drinking problem the past couple years. She has had an ambulance called before because my brother found her in a pool of blood and there was blood and damage all over the house. She refused treatment. Second time, EMS was not called because she was able to hide injury. She has done things such as letting the cat outside (cat was terrified), leaving oven on, ripped wires out of the wall, got into the gun safe and left a gun out in the open, doing other random things potentially dangerous. I called her doctor after one of these minor incidents and they seemed very concerned. They tried calling her to come in for an appointment and she practically disowned me for two weeks. Last night (third major injury in 8 months) I heard a crash and her somewhat unresponsive body was blocking the door to her room. Again, she refused treatment AND she told EMS she hadnt taken any pills. There was a lot of blood as she had busted her lip and/or chin open. Step father has worked in psych ward and said if involuntary commitment was granted, they would just monitor her then send her home because they cant make her do rehab. He also said he went in for a check up and they kind of talked to him about it and he got the impression she told them my call to them about her drinking and taking pills was a misunderstanding. Legally, can I force them or the pharmacy to not give her the meds? This is the second police report filed. I know this doesnt sound major, but her behavior is so bizarre. She is going to wind up accidentally killing us or herself, and I have no other potential living situation right now. Also if I need to post somewhere else please let me know. I dont want my mom to die without me having tried everything.

Tl;dr Asked dr to not give prescription because it is being abused, they agreed, then gave her refills. She has majorily injured herself 3 times because of intentionally mixing pills with alcohol.
Topic:
Medicine and Malpractice

Answer:
 >Legally, can I force them or the pharmacy to not give her the meds?

No. Sorry. Outside of your control.

If you are an adult, then leave. Crash on a friend's couch.

If your feel unsafe just keep calling the police. Don't wait until she hurts herself.

Get the guns the hell out of that home.
Answer #2: Have you checked to see if any refills were written on the older prescriptions? Both are Schedule IV and can be refilled month for up to 6 months in the original prescription was written with refills. She may not have been given a new prescription and just refilled the older one.Answer #3: I have never posted on this sub because I'm not a lawyer, but I have tons of experience with this. My mom is the exact same way.

Your stepfather mentioned involuntary commitment being ineffective, and for your state, he may be right, but it's worth looking into. I filed for involuntary commitment in CO after my mom's 24th detox visit. I won without even going to court, and she was court ordered to 30 days rehab plus six months additional outpatient treatment.

Ultimately, it wasn't successful, but I'm confident it saved her life at the time. PM me if you need someone to talk to


Title: School whitholding loan money

Question: My college is not giving me the money from my federal loan. I received my notice I owe the money and I don't owe the school anything yet it has been almost 2 weeks since I was supposed to receive the money. Is there anything I can do. This loan was to help me pay rent so if I don't get it I'm going to end up homeless. What can I do?

Answer: Did you ask why they haven't disbursed your aid?


Title: (UK-SCOT) Being accused of stealing from work - Terrified

Question:
I have been accused of stealing £150 from my workplace (on Saturday/small hotel. I was called into my managers office and was interrogated by both my manager and the hotel owner. They said £100 was missing from the front desk (unlocked/unmanned) and £50 from the bar till.  Several other people where also working these locations during the day at the same time I was, although these where the Assistant Manager (Managers long term friend) and my colleague (Managers Girlfriend). Both manager and owner accused me of stealing directly to my face.

I asked that they investigate this by searching my person and onsite accommodation, even my personal finances, but they said they "didn't have time". I asked about police involvement, but they said they "don't have time". They said they will think about dismissing me, but I have not heard anything as of yet. Even with this, I was still working on the till that night and Sunday.

Sunday night an email was sent to the front desk from "Banking" saying that £150 has been accounted for, nothing has been said to me about this and my manager has been treating me like a criminal. I feel unsafe and terrified at work that I may lose my job at any moment for nothing.

I really need advice on this.

Answer: I would xpost this to r/legaladviceuk as this sub is more US-centric. It sounds like they are trying to force you out of your job for some reason. Is there an HR department or anyone who does people management you could talk to? I know you said it's a small hotel but hopefully there is someone else to speak to about this.


Title: [UT] I never smoked. Apartment Complex sent me letter saying I cam get evicted for smoking. Should I worry?

Question:
I never smoked in my life, nor anyone in my family (wife and kids), nor anyone in my social circle that ever visited me in my apartment (lease).

Yesterday I received a letter, explicitly directed to me, saying that it was brought to their attention that I was smoking in the apartment and premises (smoke-free area) and that that is intolerable and punishable with eviction.

Last year I filed a complaint using their website, I stated that someone has been smoking in front of my garage. I even attached pictures of the used cigarettes that were on the driveway and sidewalk. They never got back to me about the issue and the problem wasn't resolved, although I started seeing less used cigarettes on my driveway on the subsequent months.

I have their letter with me, should I worry? I'm going to talk nicely to the manager as soon as possible and plan to ask what proof they have that I have been smoking. But if the conversation doesn't resolve this situation, I'd like to know what legal grounds I can protect myself on from such accusation. Should I even sue the apartment complex if they decide to move forward with the accusation?

Thank you for the help in advance.

Answer: Apt Mgr Here: Just go talk to the manager and tell them your story.  I will send out these type of notices and then talk with the tenant.


Title: Slander/defamation of character at health centre from employee

Question:
Hi there. Recently, a social worker who works with children at an organization where I am a client, expressed to her other coworkers that my home is not a safe environment for my child among other things such as not providing essential items for my child. I found out about this from a few friends who work with her. She's never been to my home. My child nor am I clients of hers. She is however friends with my son's mom. My ex who has spread lies about who I am as father many times. Just a side note, my home is fine. We actually have a family wellness worker who has done many visits.

I don't know how to proceed with this issue. My name has been ruined at this organization because of what this social worker has said. I also don't feel safe there anymore as a community member.

Could she lose her job? Should I talk to the exec there or just get a lawyer?

EDIT: First thank you everybody for offering me different perspectives and things to think about. Contacted a friend who is a lawyer in a nearby city. There is 100% a case here. There are professional guidelines and barriers she has crossed by doing these things so her job is also on the line.  What I'm going to ask for is a written apology, a written statement that she will remove herself from any issues or activities there surrounding my child or myself and to attend Conflict and ethics training. If there is a refusal, I'll take her to court. On top of that, she also will have to go through a process with the school of social work who watches over things like this. I suspect she may be let go. There are others who have come forward with serious complaints as well now. Once again, thank you to everyone. I appreciate it.

Answer: That's an opinion to which she is entitled. If she said you didn't have specific things like car seats and did *and you had damages* then you'd be able to sue. She expressed an opinion and all that happened is you got upset, you didn't lose your job, have to pay for physical therapy, retain a lawyer to defend yourself from untrue charges, or otherwise get forced to spend money in relation to her lies. Answer #2: If I am reading correctly, you are the victim of gossip.  Gossiping isn't against the law.  You'd have to have damages and you can't prove your name is ruined.


Title: Is my college going to get sued?

Question:
Hi everyone. Throwaway for reasons. I go to a very large public university in Florida. A group of students is circulating a petition requesting that the public university (non religious) ban exams on Jewish holidays. There is no mention of other religions. My university already allows any student to miss an exam for religious reasons, you just have to take a makeup. Their argument is it can cause back to back exams which "put Jewish students at a disadvantage that is not experienced by other students." I told the students that it's asking for special privileges not given to other faiths so they can either go to a Jewish school, address the issue of back to back exams directly, or leave the perfectly balanced and legal policy as is. Naturally they argue that it's about "consideration" and not special privileges and how Christian students don't have to take exams on Christmas or Easter (Easter is on a Sunday so wtf?). The more I think about it, the more I feel like the university will get sued if it goes near this topic with a ten foot pole. Furthermore, I know for a fact that there were numerous exams this semester on a major Islamic holiday. Am I wrong in that this isn't dirsciminatory to other faiths or is the university opening itself up to lawsuits if it entertains the idea?

Edit: for a specific response on ramifications on this, please include sources to legal definitions, case law, etc.

Answer:
 >for a specific response on ramifications on this, please include sources to legal definitions, case law, etc

Yeah, I'm not going to do that.  You're not paying me.

Who knows if your college will get sued or not.  They might.  Might not.  Depends on how much money these people want to front for a suit.


Title: My wife is divorcing me. I offered her everything if the divorce could be for irreconcilable differences. She instead filed based on habitual intemperance and conviction of a felony, says I can have everything but she wants a fault one

Question: Idaho. Can I dispute it to get an irreconcilable differences divorce?

Answer:
 Why does it matter whether it's fault or not, in the grand scheme of things?Answer #2: NAL.

I think you should get ahead of this and just tell people about your conviction.  Everyone makes mistakes - even a minister, and I don't think people would think less of you do you set a good example by wining up to them and striving to do better in the future.

I also think you should be more worried about division of assets during the divorce proceedings.

Edit: Minister not monster.


Title: Should I renew my DACA? Expires Jan 20, 2018

Question:
So my DACA expires on Jan 20, 2018 and am looking for some advice on whether I should renew it or hold off until the August 8 ruling. This would be my 3rd renewal. How to proceed?

Topic:
Immigration

Answer: Given that the current situation is what it is, you reeeaaalllyyy need to talk to a lawyer who specializes in immigration issues. The stakes are too high not to consult one before reapplying. Call and see if any in your area offer free consultations. Answer #2: Are you sure that expiration date is correct? Because that date has already passed.


Title: What’s the worst that can happen if I don’t pay my last month’s rent?

Question:
I paid $1545 for my security deposit. I have also given my landlord $500 TWICE now for “repainting fees” because they accused us of smoking in our apartment. I’m afraid they’re going to try to pull more of that bs right after I pay rent in August (the last accusation was right after we paid this months rent). If they accuse us of something again, they could just evict us since it’s been less than 6 months. I’m genuinely scared they’re going to try to do that.

I’m moving from Iowa to Oregon soon anyway. What is the worst that can happen if I just move out earlier than I intended and don’t pay the last month of rent? I won’t get my security deposit back, but anything else? These people are shady as hell. I’m pretty sure I’m not getting my deposit back anyway. Is there anything else they can do if we just leave?
Topic:
Landlord Tenant Housing

Answer: Obviously you will be sued and no one will ever want to rent to you again.


Title: Would it be illegal to assist a police officer in a shootout if it is clear the officer's life would be endanger otherwise?

Question:
What I mean is, lets say hypothetically, the first responders to a crime scene show up, a shootout/firefight ensues, and it's absolutely clear that they won't survive if backup does not get there in time, in fact you're almost 100% certain that this is the case. Would it be unlawful to assist them in such a situation, even if shooting to kill?

I've heard of Citizen Arrest and Good Samaritan Laws, would this fall under such a thing? If so, when would it be unlawful (or even being a hindrance) in such a scenario?

If this doesn't, or if some guideline was violated, what would the consequences be for trying to help save an officers life?

Edit: Location is Pennsylvania, Philadelphia.

Answer:
 Do not pull a gun out with cops present. For any reason. They will assess you as a threat and kill you. Answer #2: They would think you were with the other shooters and try to kill you. Answer #3: No, it wouldn't be illegal- even if they weren't losing.  You'd be able to offer a defense of others against any charges.

It's pretty stupid, on the other hand.  Backup for the police officers will be coming in hot and fast, and they don't know who you are, just that you've got a gun.  It feels like a shitty thing to do, but get clear of the fire zone.  The police would tell you do the same thing.Answer #4: Every time I try to do this on GTA V, the cops turn on me and kill me.Answer #5: I don't know the answer to this question, but I do know that you shouldn't just be concerned with *criminal* law here. Even if you aren't charged with a crime, anyone whom you shoot or whose property you damage could file a civil suit.


Title: [MI] Workplace counting marriage as domestic partnership for insurance purposes, possibly because same-sex couple, costing hundreds more every month

Question: [deleted]

Answer:
 Did she inform her work she was married?  When you sign up for insurance you usually list dependents and your relationship to them. Did she specify "spouse"?Answer #2: > they contacted one attorney they were told Michigan has no laws in place protecting LGBT workers and therefore there may be no recourse.

Did they just make a random phone call, or did they actually meet with an employment law attorney for a real consultation? Or something else? Tell us all about that.


Title: Hit a traffic cone in a unmanned construction zone

Question:
Basically what the title says, I hit a traffic cone in a unmanned construction zone knocking it into the curb and left. Will this count as leaving the scene of an accident? How much trouble will I get in if the police were to become involved?

I realize that it was 100% my fault for careless driving. I'm located in Alberta, Canada.

Answer:
 This is the most Canadian question I've seen in this sub. Answer #2: If the traffic cone sues you for personal injury be sure to answer the complaint. Otherwise you're fine. Answer #3: the FBI just came to my house looking for "the traffic cone killer"

To be honest man I would hide out for a few weeks this seems like it could be pretty serious.Answer #4: My boyfriend and I stole a traffic cone from an unmanned construction zone in the middle of my city, now its decoration in the living room. That was two months ago and they haven't come after us, don't worry.


Title: Got a speeding ticket for going 58 in a 45, but he wrote me down for going 58 in a 35. Help?

Question:
So this has been one big cluster fuck since the beginning.  I went to the original court date to have the ticket dismissed, but the district attorney said they couldn't because I was going way over.  That's when I realized the speed limit was written down as a 35 and not a 45.  I travel this road daily and have picture and video proof of it being a 45.  I was told to have the court date extended and take video and photo proof and bring it in.

Well the bad news is is that I missed my court date.  I must have heard the DA wrong when they assigned me a new date because I thought they said it was on the 20th of last month, but it was actually on the 5th of last month.  So they assigned me ANOTHER court date for tomorrow 4/21 (I just called to verify that it is the correct date).  They made sure to have me scheduled for the same date that the officer that gave me the ticket will be in court.

Now I have this $200 fee for not appearing in court, and also a $220 speeding ticket.  Anyone have any kind of advice?  Could the ticket be thrown out for charging me for a crime I technically didn't commit?  What are the chances of the judge dropping the $200 non-appearance fee?

Edit:  This is in Wilmington, North Carolina.

Answer:
 They probably won't throw out the ticket over a technicality.  They may reduce it to 13 over instead of 23 over.  It seems unlikely that the court fee will get dismissed.

However, no one here can tell you for sure what they will do.  They might throw it out, they might reduce it, or they might keep both fines in full.  Go to court dressed well, be polite and see where it gets you.Answer #2: The ticket will not be thrown out unless you can also show that you were only going 45.  Otherwise, the best you can hope for is getting it reduced to a ticket for 13 over instead of 23 over.

You can ask the DA for a plea deal on the ticket to see if he or she will deal, but they don't have to.

It is unlikely that the court will waive the fine for your failure to appear.  Generally, it is your responsibility to make sure you have the date correct.  You can ask for the fine to be waived or reduced and of you're contrite the judge might take pity on you and reduce it, but that's not required.Answer #3: Errors on the ticket will not get your case thrown out or help you in any way. If you are very polite and respectful with the judge, and you explain that you made an honest mistake, you might be able to get the failure to appear fine removed.

However, at this point I wouldn't bet on  it.


Title: [Advice Needed] Girlfriend fired for "selling" alcohol to a minor. Kansas

Question:
Hello everyone,

   My girlfriend was recently fired from her job due to some interesting circumstances and we would like help figuring out the specifics on ruling. She works in a restaurant and one day an employee came in with a group of their friends. The friends decided to get alcohol, all being of age, while the employee was under age and did not ask for anything. The employee then paid for the bill.

As It turns out the employee also drank from his friends drinks unbeknownst to anyone and proceeded to brag about it to everyone else he works with. Girlfriends boss found out and well you know the rest.

My question, is this a legal termination as this sort of thing is kind of a grey area on anything that I can find since he wasn't necessarily served alcohol.

Answer: Yes, it's legal.


Title: [MD] I know what I did was wrong, but is there any legal action I can take in this situation?

Question: [deleted]

Answer:
 You strike me as a very self-centered person who has no idea what his behavior is like for other people.

The first rule of holes is that when you find you're in one, stop digging.  Stay away from F or A, keep your head down and focus on school.  And get some therapy, because there is NO way F would have accused you of sexual harassment out of the blue like that if she wasn't feeling very uncomfortable over your interactions.

If anything, reach out to T to see if they can hook you up with a counselor who can help you understand why this stuff is happening.  Answer #2: You have created your own problems.  There is nothing you can do to T and F and I don't even know why you would consider it.  You really need to avoid women until you can respect their decisions and not engage in creepy behavior.  Your reactions to these allegations have made it worse for you.  You should seek counseling.Answer #3: >Is there anything I can do?

Yes you need to talk to a therapist because it seems you have some issues to work out.  This is only 1 side of the story and some of the stuff comes off as weird and not fitting in the story so I imagine your trying to paint yourself in a better light.  I would suspect the 2 girls that felt you did enough to ask for no contact orders will have different stories

As far as the investigation you'll just have to wait.  You likely wont be going back to the dorm if people have harassment issues with you, it isn't about being a threat it was about sexually harassing someone


Title: Is it actually a thing to piss on peoples graves?

Question: Like.. Legally, could I piss on my mothers grave?

Answer:
 This will depend on the local laws but public urination is generally not allowed and there could be specific charges brought based on desecration of a grave.

It would probably be safer to piss in a bottle in private then pour it on the grave, same end result without the possibility of having to register as a sex offender.


Title: [TX] Opposing lawyer contacting me

Question:
I'm in a heated battle with my ex over our kid.

Apparently her lawyer isn't paid and isn't expecting to get paid. Plus she's lying to her lawyer.

So he's getting revenge by telling me what her plans are.

I've posted about this before. And based on that I called the bar and told my lawyer.

I guess the bar investigated. But he's still representing my ex and started telling me stuff again.

He'll randomly show up at my house and tell me shit.

For example. Apparently school grades are a big claim my ex is making. He's told me what to expect. What documents that they are getting from the school. What questions to expect. And so on.

At this point my lawyer is like fuck it we tried let's build a good defense just in case it's true.

Is there anything more I can do?

Court is next week!

Answer: It's an ethical problem for opposing counsel to even *speak* to you without your attorney's permission.


Title: [ME] Signed a lease for a five person house, fire inspector says it is only fit for four.

Question:
Myself and four friends signed a lease for a house advertised for five people. The fifth guy was acting as a sort of placeholder, since we have a friend in the process of transferring to our school who will live with us. One of my roommates parents who visited was concerned about the lack of smoke detectors in the home and called the fire department, asking them to do an inspection. As per the title, the inspector revealed that only four people may legally live here unless some modifications are made.

I have to call the landlord soon to talk to him about this, but I'm afraid that he isn't going to be willing to do anything more than add/update smoke detectors. Another problem for us is that our placeholder had to back out a few months ago, so now my copy of the lease has four normal signatures and one crossed out, which I'm afraid the landlord will use to claim it was never a five person rental. This creates enormous problems for the fifth guy, who needs this housing in order to transfer schools at all.

I don't want to sour relations with the landlord, and I don't want to explain to my friend that he can't transfer schools, but I don't know how to approach this. Any advice is enormously appreciated.

Edit: To appease the bot, ME = Maine.

Update: Apparently the repairs/modifications would be so expensive that it's likely the owner of the property will elect to sell rather than fix them.

Answer:
 You can't just cross a name off a lease like that.  The "placeholder" as you refer to him is still on the lease until all parties agree and he is formally removed. And likely the lease says nobody not on the lease can live there so you could all get evicted if you let your other friend who is not on the lease move in.

What is your goal here? To get the placeholder guy off the lease, your friend on the lease, and make the landlord do whatever is needed so 5 people can live there?


Title: Custody quedtion

Question: My brother and his ex were never married and have been together for 6 or 7 years. They have 3 children and have lived in Iowa all throughout their relationship. They split up a couple months ago and had been sharing custody without any official agreement. She just left and took the kids, she is currently on her way to Georgia. What are his rights.  Where will a custody battle take place?

Answer:
 He needs to file asap in Iowa. Right now, Iowa is the kids' home state and therefore it's where the custody battle will happen. The longer he waits, the harder it will be to make the court case happen in Iowa.

He has the right to file a custody suit. He can ask the children be returned to Iowa for the duration of the law suit. The longer he waits the less likely a court is to grant that request. He needs a family attorney now. Right now.

Edited to add he should play nice for now so he can get the address of where they will be living in GA


Title: [CO] Grandmother's assets are impacting care options, questions about transferring/selling

Question:
Hi r/legaladvice

My grandmother has been having some health issues since May and they have compounded into a situation where she needs someone with her during the day. She is a fall risk and has already broken her arm which has impacted her mobility.

She has medicare and is in CO. She was turned away from a rehabilitation assisted facility because her hospital stays did not meet the requirement for medicare to co pay on and private pay is not a feasible amount. Home healthcare has been very difficult to try and acquire but we are still trying that avenue for her. My question pertains to the fact that as I understand it she will not qualify for any assisted living, even for a temporary amount of time, because of her assets, especially her house. The goal for her care is still to have her be able to return to her home. There is still a great chance that she would recover enough to get in it so selling to pay for a temporary situation seems like a poor choice.

So, my mother was wondering about my grandmother transferring/selling the house to her. Is that a possible solution? Is there a waiting period on something like that and what is the process? What implications should we be aware of like taxes etc.?  I figured someone on this sub might have helpful information on this and might be familiar with elder law.
Topic:
Wills Trusts and Estates

Answer: Transferring assets out of her name for the explicit purpose of making it seem like she doesn't have any assets is literally the definition of fraud.


Title: i wrote a trial by written declaration and wanted some feedback on what you guys think

Question: [deleted]

Answer:
 This is your declaration?

It sucks.  Start over.  State the *relevant* facts only. Who, what, where, when.  Do not speculate.  Nobody cares about your opinions or your feelings.


Title: Posted bail for father but he skipped court date and now has a warrant out for his arrest. Did I forfeit my bail amount posted since he didn't go to his scheduled court date?

Question:
I posted $7500 for 2 seperate bails in Illinois for my father to get released from County Jail.  I was told that this money would be fully refundable upon his appearance at the scheduled court dates.  However he decided to skip it and I am wondering if I am out of the money now?  I think he was scared of going and being found guilty of the charges.  However his excuse was he had a lot on his plate (which is true).  His house was just foreclosed on and he was evicted this past week.  The court date was a few weeks before this but he was trying to work with the bank to push back the eviction to a later time.  Any help/advice would be much appreciated on how I can or if I can recover the $7500 I posted for him.  Thanks.

TL;DR I found out my father skipped court date and I had posted his bail. Did I forfeit the money?

Answer:
 Often there will be a second hearing date scheduled for "bond forfeiture."  If he appears at that one, it could be fine.  If he doesn't, and YOU appear, you might be able to get the date continued so that you can try to get him to appear.

So the short answer is:

"Maybe."

You should call the court and ask.


Title: [PA] wanting to participate in protest marches - worried about kettling and RN license

Question: Title says it all really - well established RN in PA, looking to participate in either the LGBT march or the tax march.  I have NO intention of misbehaving (quite the opposite really) but am worried about kettling or other roundup activities and how it could effect my RN license - Board of Nursing tends to frown pretty heavily on anything bigger than a traffic ticket.

Answer: Practical rather than legal advice : is there a way you could use your nursing skills to support the protest, such as by volunteering at, or even setting up, a first aid station? I imagine that this would put you at a lower risk for arrest, and that the board of nursing would be more inclined to look favorably on "arrested while giving first aid to protesters" than "arrested while protesting".


Title: I was told of an attack that took place - if I report it, can I be guaranteed that the cops won't use my name?

Answer:
 Sure you can be guaranteed they won't use your name.

Don't give it to them.

Of course, an anonymous third hand report of "an attack" is unlikely to generate a significant investigation...Answer #2: You can't be guaranteed, no.  If you make a truly anonymous report, in that the police have no realistic way of finding your identity, then they won't be able to give your name to anyone else.  If you report it in an identifiable way, you cannot prevent it from being released if needed.  Answer #3: There might be an anonymous tip line you can use.


Title: If a shoplifter starts attacking a cashier at the store you own, is it ok (as the store owner) to attack the offender to save the cashier?

Question:
My dad owns a small grocery store in NJ and when 2 female shoplifters (over 18) were called out on shoplifting by the cashier, the 2 females start attacking the cashier, my dad, and my mom who also works there (with no provocation from our side). Is it ok to defend in this case? (this is all recorded on camera). My dad knocked one of the female shoplifters away and pulled the other to stop attacking my mom and the cashier (who is also female)

EDIT: the word retaliation was inaccurate. He at most knocked one of the girls away and pulled the other girl to save my mom and the cashier

Answer: In the general case, it is acceptable to use **reasonable** force in defense of yourself or others.  So yes, your father would likely be allowed to use **reasonable** force to prevent an attack on his employee.


Title: [FL] I was locked inside a bathroom without warning

Question:
After a night downtown, bf and I decided to grab some greasy delicious food at a local dive. I headed to the bathroom in the back and did my business, but when I unlocked the door to leave, the door wouldn't open. I thought it was a heavy door or maybe it had gotten stuck in the frame, so I tried pulling as hard as I could. I even put my foot up on the wall like they do in cartoons to try to get it open, but I couldn't. I heard people outside saying, "She won't open the door!" but I was trying! I was stuck in there for a few minutes, not sure what to do. I tried knocking on the door to see if anyone outside could help me push it open.

I was able to open the door like normal after struggling a lot and bf came to ask if I was okay. He went to the cashier among the long line of people and asked what the heck was going on with the bathrooms locking me in. One of the guys there said that they have a button behind the counter to automatically lock all the bathroom doors to prevent homeless people from using them. He was being very rude to us and didn't explain why he needed to press the button when the place was very obviously full of non-homeless customers.

Is this legal? Are there any legal actions we can take against them? We were not drunk or causing a scene and we were planning on ordering food and eating it there, but after this incident, we left and will never patronize there again. I know it sounds dumb, but I'm so angry about it.

tldr: guy in a divey restaurant pressed a button that locked me inside a bathroom against my will. Is this legal and if not, what can I do about it?

Answer: Call the local fire marshal. If that's true they're going to get an earful.


Title: Asked r/Trees, was directed here.

Question:
So my S/O is divorcing their former spouse, who is clnfirmed to be on hard drugs. He has been served his divorce papers via certified mail, missed the delivery, and currently hasnt gone to pick it up. My question is, in the state of Arkansas, if he does pick it up and gets petty, could he request a drug test on me? My s/o and I live together with the kids. I have nothing on my criminal record beyond a single speeding ticket. Trying to decide if i need to take a break from trees, or if im ok.

Edit: He barely goes to see his kids, and we are pushing for Primary Guardianship, as opposed to custody for the time being.

Answer:
 The court can't force you to take a drug test.  But it can order the children not be in your presence.  So decide which is more important to you.

Also you need to stop thinking about this as "we."  There is no "we" here.  Your SO is seeking primary custody.  You are a legal stranger to this situation.


Title: Recruiter ruined a most promising job-lead. Can I go around him?

Question: He introduced us. Would he have grounds to sue me if I took the job without going through him? If so, is there a way around this?

Answer: Do you have a contract with the recruiter?  If so, would this breach the contract?


Title: Is this extortion? (CA)

Question:
Hi there,
I work as a contractor and was sued in small claims court by a former client. They changed our contract without my permission and I had the before and after and they lost easily. Around a month after the judgement, the plaintiff sent me a long text message stating that I owed him $5,000 (the amount he was coming after me with), and that if I did not pay him, that he would tarnish my business's and my personal reputation. At the time I was camping in Yosemite so I ignored it, that was a month ago and I feel like that was extortion, that he was trying to defame me, and commit libel. Do I have options? Is it worth pursuing? I have the text messages dated with his phone number, and the original conversation is still on my phone.

Answer: I don't think we can post links here but you should find the press release from the U.S. Attorney’s Office Northern District of Texas dated January 5, 2016 that outlines a case against a man who posted false negative Yelp and other internet reviews as retaliation against a business he had been extorting with such threats.  Given more money was on the line than in your situation, but the government can take these cases seriously when there is compelling evidence.   In that case it looks the company had contacted the FBI for assistance.


Title: what will happen to me and my family if i report my physically and emotionally abusive parents?

Question: i am 13 years old and i live in california. my parents have been physically and emotionally abusing me for nearly my entire life. my mom will scream and shout at me and my older sister often and its gotten to the point where she will hit me with a broom or other objects and throw things at me. my mom makes us feel like a burden and a failure. she will also attempt to drag me out of the house and yell at me to get out. my dad would beat me with a wooden spoon (this happened when i was 5-12 years old) or another object for hours until my entire body was covered with bruises and i would scream from pain. he would also drag me by my hair and yell at me to get out of the house. he stopped a few years ago and apologized for it but it still makes me angry to think i allowed the abuse. i reached out to a crisis hotline multiple times and they confirmed that what my parents did to me was illegal. i was given the option to report it. i am desperate to get away from my family but im afraid of what will happen if i do report them. i dont want my dad to get in trouble because i believe he changed and i want to live in my city while going to the same school but just with foster parents or something because i will miss my friends. i really do want my family out of my life but still visit my dad. what would happen if i reported my parents?

Answer: If you reported your parents to child protective services they will send an agent to your household and investigate the home to see if you and your sister are in a "safe and loving environment" basically a wellness checkup on you guys. If the cps agent discovers any kind of injury on you and your sister your parents will be asked to explain. If the cps agent finds that you were abused by your parents it is possible that you and your sister will be removed from your home and put into foster care. Your parents can go to jail for child abuse. As for wanting to visit your dad and stay in the same city for your friends, that is not up to you no matter how much you beg and plead. You may be placed somewhere else or even may be separated from your sister. You guys DO NOT deserve the treatment you are going theough. what you deacribed is child abuse and I encourage you to reach out and tell someone. It will be a long and scary process if you guys go into foster care but you must be strong and ready. Good luck friend


Title: Can I legally refuse to serve women at a bar/club?

Question:
PLEASE DO NOT DERAIL AND TURN THIS POST INTO A SHITPOST ABOUT SEXISM OR PATRIARCHY.

Wisconsin, USA

Hypothetical question, I am thinking about my future, and wanted to get a sports bar/ video game hangout club mix thing, as a safe social club for men to be men, but I want to know whether or not it is allowed for me to refuse to allow women into the establishment.

The reason I feel I would want this is because I believe men act more like themselves, when around other male friends, rather then trying to one up eachother to impress a female.

Again, please do not derail the thread, dont complain that you dont like this sort of thing, or that its sexist and misogynistic. Its merrily a basic framework thats inside my head.

Thanks ahead of time :)
Topic:
Business Law

Answer:
 Do you plan to allow patrons to come in from the street, or will there be a membership only clientele?

If you intend to allow drop ins or the normal kind of way business operates, then you'll be considered a [public accommodation](https://en.wikipedia.org/wiki/Public_accommodations).

This means that you will be subject to the Civil Rights act of 1964, and Wis. Stat. §106.52 (3)(a)(1).

So no, you can't deny women the same access to your bar/club.


Title: Duty to call 911

Question: [deleted]

Answer: Relax. You're in the clear. That was just butthurt entitled homeless ranting.


Title: Employer is discriminating against job applicants. I have recordings. What should I do with them?

Question:
I've been with my employer in NY (a large one) for a long time, in a leadership position the past few years. Quite awhile ago, I was discriminated against regarding a protected group I am a part of. I made it clear I knew the law to my supervisor, who asked that I not go to HR. I played the good soldier, and of course have endured some minor harassment since.

After that, I started recording my conversations at work, which is legal in my state.

I have years worth of recordings. Lots of trivial stuff legally ( My bosses bods calling women staffers bitches, dogs, stupid, implying one is a lesbian, etc). I assume this is trivial since there are "no laws against being a jerk" but the reality is few women last on our team an are never promoted.

The big thing I managed to net was my supervisor pressured a subordinate not to hire based on age along with a specific race/gender combination.

I have recorded conversations of this, which are explicit regarding age, and use code words for race.

I know the thing to do for my career is to just write my resume and move on, but a few of these people have really hurt some of my former coworkers and their hiring decisions are harming the business.
So if I am to take action my questions are:  1. Can I file an EEOC suit for someone else? Does this sound like a good suit?
HR is just going to fire me if I report this, right? I'm assuming they'll find a reason to fire me, and coworkers may poison my reputation with other employers, but I'm willing to accept that at this point.
Should I talk to a lawyer before I engage HR? Even though I have no recorded discrimination against me, would the other recordings elevate my case above he said/she said? Would HR want to "Settle" with me rather than find an excuse to fire me outright or harass me into quitting?
Should I take the recordings to my coworkers and the individuals who applied for jobs directly and let them take action?

Answer:
 This is definitely the type of thing you should bring to a local lawyer. We cannot listen to the tapes, so it is hard for us to say how strong your case is (while you might think the recording is clear, someone else might interpret it differently, or argue different context, or it wasn't said it work, or whatever).

Further, the repercussions that come from this might be harder to predict than what is obvious. Depending what is on the tapes the company might counter sue for trade secrets and argue your discrimination element is just a slant. I don't know, there are a lot of variables - get professional help before you make a move though. Answer #2: OP, on a personal level, you should find a new position before you do anything with the recordings you have. I can't believe you haven't left if the atmosphere is so toxic.Answer #3: Just to answer your first question, no you cannot file a claim with the EEOC for someone else. You can give the evidence to that person so they can use it for an EEOC complaint, and you can file one based on discrimination against you personally.


Title: Can you report an emotional service dog?

Question:
TLDR: Any way to report someone else for having an online registered ESD that's aggressive and NOT needed as an actual support dog?

I live in Southern California and a friend of mine has a mallinois/boxer mix (he's large and looks like a german shepherd mix) who is aggressive and LOUD. She started looking for an apartment with her new boyfriend and did the whole "register in 10 minutes for an ESD" and told her new landlord that he's a service dog. My question is: is there any way to report them for this? I hate that they're essentially lying about him being a support dog when neither of them need him for that. Also, like  said, he's extremely aggressive to strangers and barks at EVERYTHING so I know they're going to get complaints from neighbors. It doesn't sit well with me that she's just trying to get out of paying pet rent/pet deposit and is in turn making it harder for people who truly need a service dog for daily life. Many thanks guys.

&#x200B;

Answer: I'm not sure why everyone else is saying there's nothing you can do, and acting like this is a legit ESA. If they used one of those online services to "register" their ESA, it's not a legitimate ESA. You can call the landlord and explain that to them, if you choose to.


Title: North Carolina college student, caught smoking in dorm

Question: I was recently a dumbass and got caught smoking in my dorm from the smell, cops knocked on the door, I let them in and after some questioning basically fessed up to everything, signed a form that let them search my dorm and gave them everything I had (grinder, a couple grams, 4 thc gummies, bowl). Court date in a couple months, how screwed am I in terms of financial aid, future jobs (i want to be a public school teacher in the future), criminal record, and cost of handling this. Should I get a lawyer?

Answer: If you want to be a public school teacher, yes, you should get a lawyer.  Actually, just get a lawyer anyway.


Title: [Texas] wrongful termination, forced to sign a "resignation" statement, produced by company lawyer

Question: company made me sign a resignation letter with the title "exhibit A" doesn't this violate the 5th amendment for self incriminating, forcing me to agree to something that I didn't want to do? Or what does it violate. Letter was not of my own doing and I had little recourse, took their best offer. Am I guilty for unwillingly complying? The fact that the letter wasn't of my own doing and it is already a piece of evidence to be used against me, isn't the letter evidence that I was placed in some ploy? Evidence of a wrong doing?

Answer:
 How did they force you?

Regardless, no, this almost certainly does not violate the 5th amendment.


Title: (Florida) Job has given me an Ultimatum and does Not want me to Collect Unemployment.

Question:
I have a part time position at a company for 2 years now working 3 days a week at a set schedule.

They have said my current position has been eliminated and that I need to work fulltime, 40 hours, at a set schedule which requires me to stay even later than I have been or it is my decision to not work there anymore so I cannot collect unemployment.

I have a at home business project that I am working on but have not made money yet from as I havent Released it to the public yet. This is why I cannot work full-time at the moment.

Do I have a case at all with Unemployment for turning down the full-time offer and them eliminating my part time position?

Answer: Unemployment is for people who are out of work through no fault of their own, or who quit for a very specific list of reasons which doesn't apply here. If you don't start working full time and are fired for not showing up to work when scheduled, it's a near certainty you will be disqualified for unemployment because you turned down work. You have to make a decision which is more important to you but you won't get unemployment either way.


Title: UPS lost package contain wife's wedding dress (TX)

Question:
Shortly after getting married my wife decided she wanted to get her wedding dress preserved and put in a shadow box. She sent it off to a company in Houston through the mail and we went on with our lives.

&#x200B;

After about three months we received our wedding photos from the photographer and she called the preservation company to ask when we might be getting the dress back. They informed her that it shipped a little over a week after they received it. Neither of us had been married or had an item of clothing preserved so we had no idea the turn around was that fast. They provided her the tracking number for the package.

&#x200B;

The tracking showed that UPS had attempted delivery once to our house on July 3rd. Then on July 5th it was delivered to a UPS access point for pickup. We were never notified of the dress shipping nor the attempted delivery so we had no idea there was a package to be picked up at the delivery point. On July 24th the package was marked to be returned to sender from the access point and no more information can be found from the tracking.

&#x200B;

The gown preservation company opened an investigation and has been told today that the package is considered lost and UPS will be starting a claim process.

&#x200B;

For most anything else I would just chalk it up as a loss and take the value of the item, but there is the sentimental value of the dress that cannot be recovered. Also the price of the dress was not extravagant, but also not cheap I doubt they will offer us the true value of the dress.

&#x200B;

What are our options?

We do not want to give up on the dress as we would rather have the dress than any money, but UPS will not talk to us as we are not the shipper.

&#x200B;

Also are we on the hook for the cost of the gown preservation as we never received the goods and services we paid for?

&#x200B;

TL;DR

UPS shipped a preserved wedding dress and can not tell us where it is, and is saying it is a lost package.

Answer:
 You’re entitled to the fair market value of the wedding dress if insured for at least that much in shipment.

One guesses UPS will pay that claim if they in fact lost the dress. Answer #2: > Also the price of the dress was not extravagant, but also not cheap I doubt they will offer us the true value of the dress.

Assuming the package was properly insured you'll be entitled to the cost fo the dress at the time it was shipped. So that's the value of a used dress which is normally significantly less than you paid for it.

>Also are we on the hook for the cost of the gown preservation as we never received the goods and services we paid for?

Generally yes, although UPS may reimburse them for that.


Title: [TX] Car rental company sent supposed damages to collection agency 8 months after rental without ever contacting us themselves

Question:
UPDATE 2: I got a hold of someone and they said the dispute process has been started and that they're sending me a letter. Am still going to send my dispute letter, anyway, for good measure.

---

UPDATE: I got the documents from the debt collector, but they do not include the physical copy of the rental agreement on which the pre-existing damage was noted in pen.

I replied to the email containing the documents with a dispute, which I will also send by certified mail if I can't get a confirmation of receipt.

---

We rented a car in Florida in May 2015. Nobody from the rental company accompanied us to the vehicle, but it's common knowledge to do a walk-around before accepting a car, so we did. We found a dent/scratch. So on our way out, we had the guy working at the exit write it on our rental agreement in pen before we left. Then we did our vacation stuff, turned in the car without any additional damage, and then left.

Everything was fine until today, 8 months later, when we get a letter from a collections agency stating we owe almost $1000 for unspecified damages. As of yet, nobody can tell us exactly what the supposed damages are. The debt collection agency said they'll send the documents they have. Who knows how long that will take. We're going to send them a letter disputing the debt.

We don't have a copy of the rental agreement. I asked the rental company for a copy earlier today, and they emailed me an electronic copy with the electronic signature, not a physical scan of the document that the preexisting damage was penned on. I called back and requested a scan of the actual physical document, and they said they're working on it and it will take up to 5 business days.

What else should we be doing?

Edit: for details and clarity.

Answer:
 Make sure you dispute within 30 days.  Then make sure it is not a scam!  Call the rental agency with a number found on the internet and check.  If it is not a scam:

http://www.quickanddirtytips.com/money-finance/saving-spending/how-to-deal-with-debt-collectors?page=1


Title: Stepmom calling pediatrician and claiming only to be "mom" - should I do anything about this?

Question:
Location: NM

My kids' stepmom is representing herself as me, rather than a stepmom.  This has happened with their doctor's office twice that I know of.

First time: Kiddo had a minor infection while at ex's house.  She made the appointment and took her to it, without ever informing me.  Ex was out of state at the time.  (Secondary question - if ex is out of state, am I actually obligated to give the children to their stepmother during his normal custodial time?  Ex stated that "<Wife> will be picking up the children on <x> day because I will be busy with work" - found out through parents at school that he was out of town, confirmed by children after they came back home).  Ex emailed the next day about the appointment, implying he'd taken my daughter (even though he was actually out of state).

Second time: She called the pediatrician's office a couple weeks ago asking for recomendations for a therapist for my son.  She called herself "<Son's> Mom" and didn't identify herself as stepmom, by name, or as anything other than ME, basically.  I talked to the pediatrician today.  He thought we'd already spoken.  I think this is unacceptable.  I'm not opposed to her being involved in their care, but this is overstepping.  Again, my ex has claimed that he was the one who spoke to the pediatrician.  Ex also lied about the pediatrician's recommendation and refuses to follow the actual recommendation.

Should I do anything about this, legally speaking?  CAN I do anything about this?  I wasn't really upset about her taking my kid to the doctor when she needed it - but legally she should have informed me so I could be there.  I am upset about the pediatrician thinking he was talking to me when he wasn't.  I don't mind him talking to her, but she needs to properly represent herself.  I'd also like to know if I'm obligated to follow the time sharing arrangement  if my ex is out of town, even if he doesn't inform me.  It seems to me that if he is not there, I have no reason to hand the kids over to someone else, even if she is their stepmom.

We have a long difficult history, most recently you may remember our restraining order saga.  I'm flat broke from paying the lawyer for that and can't afford any lawyer-supported legal action right now.  I can't even afford to ask HER these questions, seeing as how I am already in debt to her several thousand dollars that I will be paying off for the next year and a half.  Can I do anything?  Should I do anything?  Or is this just another one of those crappy things to shrug off and ignore?

My main concern is that my kids' pediatrician and I have a plan in place to ensure that my transgender daughter has the medical care she needs, and I don't want him accidentally discussing this with her and giving my ex any ammo or heads up to try to block my daughter from getting the care she will need in a few years.

Thank you.

Previous:
http://www.reddit.com/r/legaladvice/comments/2y2th4/update_to_posted_a_while_back_situation_has/

http://www.reddit.com/r/legaladvice/comments/2ushkt/posted_here_a_while_back_situation_has_escalated/

Topic:
Custody Divorce and Family

Answer:
 Check your parenting plan and see if it address this situation. If it does file an order to show cause and request she be held in contempt and that temporary orders prevent her from speaking with the doctors. Answer #2: I'm not a lawyer, but I remember your story and I, too am sorry you're still dealing with this.

I second the suggestion that you speak to the pediatrician's office and make sure they verify who they are speaking with.

I wonder if them speaking to step-mom is a HIPAA violation?Answer #3: Legally, a stepparent has no right to make legal, health and medical decisions on behalf of their stepchild, so HIPPA is indeed being violated.  A stepparent also does not need to have visitation if your ex isn't there.  Also, legally speaking, a stepparent doesn't even meet the definition of "family".  A stepparent owes a stepchild the same “duty of care” in their home as any child visiting and that is it.

Considering all the crap you've had to deal with, it would be worth it to go back to court. Maybe get an advocate to go with you to avoid paying an attorney?Answer #4: Simple advice:  Tell everyone that you deal with (school, doctor, dentist, etc.) to ask for the full name of the person calling.  While in your case this may be the saga, it is generally legitimate to ID oneself as a parent if one is a step-parent.

Complicated advice:  You can specifically address medical care in a parenting plan approved by the court.


Title: [Pennsylvania] ticket advice

Question:
I hate PA, But i was going 89 in a 70 MPH zone on the Turnpike. It's an $129 Citation and i really really don't wanna pay and i could hardly afford that.
my options are this. I was going down a pretty steep hill so i mean i could have a chance to win but 19 MPH over is a little risky to say that, weather was clear and played no part.

A) I either could just plead guilty and pay it

B) Pleas guilty and appear in this random hick town about 2.5 hours away from my hometown.

C) Appear before the judge and enter a plea because i can't pay the $50 Collateral or The $129.

I have to drive home next Saturday through this area agin and i wouldn't mind just coming to the court then (Id there even open then?) , IF I HAVE A CHANCE TO win

does anybody have any experience with dealing with the courts? and what would be my best bet. Money's pretty tight and i have a clear driving record (2 years driving) , im just young and not trying to have that on the record.

Answer: Going down a hill is not a valid defense here. You can roll the dice on showing up to court but $129 is a pretty cheap ticket.


Title: Unpaid internship legal?

Question: Alright so I accepted this offer for an unpaid internship at a landscaping company. I live in NJ and I am going into my junior year as a computer science major in college. My job is as a web developer/graphic designer/photographer/other stuff. At the time of accepting the job I was told that I would be working with one  employee “like it was a group project”. Instead when I came to work he just gave me an excel sheet of what I should have done by the end of the week. He checks up on me once a day and I am practically teaching him what to do when it should be the other way around. I take pictures, edit them on photoshop also. After working three weeks, the boss hands me $120 and says “back in my day I didn’t get nothing for an unpaid internship”. (Like the 120 is good enough for three weeks.) I’ve added online  payment functionality, search engine optimization, and other stuff that would ultimately make them money. Is this allowed?

Answer: No that was a job and you should have been paid minimum wage. You can file an unpaid wage complaint.


Title: [Tx] both wife and I charged for petty theft

Question:
So basically we stole about 55 dollars worth of items from Walmart, and the Cop charged us both with petty theft.told us we could pay in court or online, so we went to go check out how much it would be to pay online and they are charging us $550 each is this something that we do to lower the fine or just get it all dismissed and over with?

 Also i want to add that since it was both of us wouldn't it put the amount stolen under 25 dollars each? I don't know if that changes anythung but I can't justify paying 550 and having it on my record

Answer:
 > I can't justify paying 550 and having it on my record

Might I suggest not committing crimes then?

You can plead guilty and pay, you can go to court and beg the prosecutor, or you can plead not guilty and go to trial. I don't know what your defense would be since you admit to doing it.

And no, you both conspired to steal together so you are both equally guilty of stealing $55. Answer #2: >Also i want to add that since it was both of us wouldn't it put the amount stolen under 25 dollars each?

55/2= 27.50Answer #3: Previous thread, probably:

http://www.reddit.com/r/legaladvice/comments/36jsyi/advice_needed_re_possible_shopliftingtheft_charge/

Wife was more careful about avoiding self-incriminating statements. Husband could take a lesson.


Title: marking "yes" or "no" on a job application for "have you ever been convicted of a crime in this state or any other state?"

Question:
Hello there (I have never used this sub before and I apologize if this question is not relevant here)

I am about to submit an application, my resume and an applicant survey for this job I am applying for and the last question on the application for employment is "Have you ever been convicted of a crime in this state or any other state"

I am 29 now and when I was 18 I was convicted of Possession of Controlled Substance (marijuana) but received a deferred judgement.

My question is, can I mark "no" on this application or is it better to just mark "yes" even though I had received a deferred judgement many years ago?

just in case it has any relevancy i live in the state of Iowa.

Please let me know what i should do as I really want this job, but don't know what to do in this situation as I was under the impression that deferred judgements remove the charges from your record.

Thank you all very much

Answer: A deferred judgement is not a conviction. That's the whole point. You get one mulligan and if you obey the rules you don't have a conviction on your record. Answer #2: Have you completed all of the requirements for your deferred judgment so that you no longer have a record of a conviction?  If so, then you can mark "no".


Title: My sister put my mother in debt by signing her up to the gym as a birthday present

Question:
Before anything we live New Zealand.

Okay, so I'm 16, my sister is 19 and my mum is 39.

In February my sister signed my mum up to a gym as my Mum has been wanting to join a gym. All was good until my mum got a letter asking for pay from the gym. My mum asked my sister about it and m sister has just been ignoring it. Now my mum is $300 in debt and having debt collectors on her tail. No matter what my mum says to her she doesn't listen.

My sister did sign my mum up without her consent using my mother's name and possibly her signature.

My mum is seeking legal advice and I was wondering if any of you fellow redditors have any advice for my mum?

If you have any questions please don't hesitate to ask. Thanks guys

Answer: It is illegal to forge someone's name.  So your mom could likely get out of paying by alleging this forgery.  BUT that would put your sister on the hook not only for the amount due but for potential criminal charges.Answer #2: Your mother needs to go to the gym and tell them she never signed a contract with them and she wants the membership cancelled.  They cannot legally enforce a contract that was forged.  This happened to me as well and the gym took care of it when I told them what happened.


Title: Anyone know if there are regulations on light posts in parking lots?

Question: I was leaving a parking lot at night at my university when I suddenly hit a light post. The post and bollard were both dark and had no kind of luminous warning paint. I seriously couldn't see it until I hit it. Are there any national or Virginia state regulations mandating any paint on structures in the middle of a parking lot? Thanks.

Answer:
 Typical. You hit a goddamn stationary light post and blame the light post. You should be filing a lawsuit against your headlights or maybe your eye doctor. Answer #2: No one has to paint them day-glo orange so they stand out and they don't need to to be lit up. Turn on your head lights and pay attention to your surroundings.Answer #3: This thread has been linked to from another place on reddit.

- [/r/bestoflegaladvice] [I hit a light pole in a parking lot, but it's the light's fault.](//np.reddit.com/r/bestoflegaladvice/comments/32xdkv/i_hit_a_light_pole_in_a_parking_lot_but_its_the/)

[](#footer)*^(If you follow any of the above links, respect the rules of reddit and don't vote.)
^\([Info](/r/TotesMessenger/wiki/) ^/ ^[Contact](/message/compose/?to=\/r\/TotesMessenger))* [](#bot)


Title: [VA] An 18 year old friend of mine has a helicopter mom who has spyware on his phone and computer.

Question:
I've read multiple places online about installing spyware on your child's phone being legal as long as your child is either less than 18 years old or is consenting to the spyware, and my friend is neither of those.

Something big just happened where his parents had an intervention with him because they "found" his deleted facebook messages with his girlfriend in which he was talking about smoking weed as well as being a bit promiscuous. It's also very well known that they track him among our friend group, mainly because they did it when he was under 18 and it's a practice that has just continued. They track him, read his messages, watch over what apps he downloads, controls what apps he can download, sees every picture he takes/saves with his phone sent to their phone, etc.

Although I've found tons of things saying "this is illegal" I'm having trouble finding precedent for a child suing or pressing charges against his parents for something except for something that happened about 2 or 3 years ago with a girl by the last name of Ireland I think it was.

Can anyone here point me in the direction of some solid legal cases involving something along these lines? I doubt my friend will actually want to pursue anything, but it'd be really nice to have something solid to stand on and maybe he'd even be able to bluff his way to freedom? I'd really appreciate any way you guys can help me out.

Answer:
 if they own the property they can do this, it's theirs.

if they don't then it's an issue.


Title: HOA requires a guarantor because my parents don't have enough assets. Parents are purchasing using a reverse mortgage. Guarantee agreement doesn't appear to have an expiration/termination and is tied to the unit.

Question: My question is, when my parents die, at what point am I released from the agreement? Is the agreement even binding, since there is no date of release? Surely my guarantee wouldn't be tied to the unit after it passes hands back to the bank, would it?

Answer:
 You can't purchase a house using a reverse mortgage. Also, HOAs don't approve applicants in most situations (co-ops being the main exception). Is this a new build? A co-op? Some sort of retirement complex?Answer #2: A reverse mortgage is a way to sell a house, *sortof*.

Instead of buying a house and slowly paying for it, you sell your house and live in it until the term is complete, then either you pay back all the money, or they take the house. It's used as a way to boost retirement income, but will either force the sale of the house upon death, or will need to be paid off in some other way.

That's my understanding at least.


Title: [CA] Property management has billed me $105 for smoke detectors and carbon monoxide detector. Can they legally do this?

Question:
My property management has billed me $105 for a smoke and carbon monoxide detector.  They also expect me to install it as well.

I've done a little research and it appears to me per Health & Safety Code Section 17926.1 I shouldn't be liable to pay anything for it.

It reads: "An owner or owner's agent of a dwelling unit intended for human occupancy who rents or leases the dwelling unit to a tenant shall maintain carbon monoxide devices in that dwelling unit consistent with this section and Section 17926."

Am I correct in assuming they have no right to charge me for it?

Answer: Unless you broke them. I was under the assumption that stuff like that was the property's owners responsibility


Title: [OR] Laptop stolen, thief contacted owner two days later offering to return property, claims they did it to prevent others from stealing it

Question:
Location: Oregon

My friend left his laptop on a table while using the restroom.  When he came back, it was gone.  Two days later, friend was contacted by a person claiming to have his laptop and it was returned without issue.  The person who returned the laptop claimed to have taken it because they thought someone left it there and they didn't want anyone to steal it.

Police will not be involved, but what is the legality of stealing someone's property so that it cannot be stolen by someone else?

Answer: Advise your friend to scan the laptop thoroughly for spyware, trojans, and the like before using it. Also - using a different computer - he might want to change his login credentials for various sites (banking, healthcare portals, shopping, social media, etc.) just in cause the browser on the laptop had any stored information.Answer #2: I'm assuming the person who took the laptop didn't have any connection with the establishment where it was left? And made no attempt to either hand it in to that establishment or take it to the police?Answer #3: It's still stealing and is illegal.


Title: [CO] Careless driving ticket in employer vehicle, employer isn't releasing insurance info. Court date Dec. 30

Question:
My boyfriend got a careless driving ticket some time ago while driving the company can. He got into a minor accident (no injuries) and received a careless driving ticket because he could not provide proof of insurance at the scene. It's not his vehicle, it is the vehicle of a prior employer. The employer has been dragging his feet on providing the insurance information for the van, so much so that he had to request a 10 day extension on his court date. The employer is still dragging his feet. He hasn't even released the name of the insurance company. If my boyfriend cannot provide proof that he was an insured driver, he gets hit with a $500 fine and a bill from the other vehicle if $1300, plus whatever he'll have to pay for the ticket itself.

My question here is, what if the vehicle was not insured or he was not actually an insured driver? What's the best thing to do? Also it happened in the city of Aurora, if that makes any difference.

Answer:
 You don't get charged with careless driving if you don't have proof of insurance, you get charged with NPOI: No Proof of Insurance. Also, the fine for careless driving is $300, while the fine for NPOI is a minimum of $500.

Anyways, he needs to keep bothering his employer about getting proof of insurance. If the vehicle was not insured, he gets to eat the cost of the ticket.


Title: Filing a report VS. Pressing Charges

Question: Alaska - Can I file a report regarding domestic violence but not press charges? What is the time frame for requesting a TPO? How long does it take for person to be served after I file?

Answer:
 You don't decide whether charges are filed.  The police or prosecutors do.  Once you file a report, that decision is out of your hands.

The police/prosecutors will *often* follow your wishes, but are not required to.


Title: My company is unionizing. What can I expect?

Question:
My boss had a staff meeting today to say he was delivered a letter from the Newspaper Guild saying that 65% of the staff wants to unionize. He's a lawyer, but knows nothing about this kind of law, and we have nothing to do with newspapers.

He's hiring an outside lawyer to take a look at this, but the talk in the office seems to be of inevitability, so I'm guessing we'll be union before long.

I'm not management, more like low man on the totem pole, but because of the language of the contract and my access to private financial information, it looks like I will probably not be invited to join the union, though I'm not sure.

What can I expect to happen? What happens if I'm invited vs. not invited to join?

I'm located in Philadelphia.

Sorry if this is a little odd. Normally I'd talk to my boss about things like this, who is a lawyer, but as of now, he can't answer a lot of questions, and the guy organizing it doesn't really know anything about how this works.
Topic:
Labor Law

Answer:
 Is this really the first you're hearing of it? That's remarkable. Let's walk through this:

It sounds like the union is calling for an election. They need more than 30% or the workers to sign union cards in order to trigger an election. The NLRB will review those cards and any challenges from the company. They'll also figure out what the bargaining unit will be. Your access to financial information will likely mean that you won't be eligible to join, but that will be determined for sure in the coming months.

Then there will be an election, and more than half of the workers that would be in the unit need to vote in favor of the union for it to be established.

After that comes bargaining a contract, where the union and the company will try to come to an agreement.

You don't have to do much of anything here, aside from vote in the election if you're eligible.


Title: I want to get out of a contract with my personal trainer

Question:
First post here! I signed a 6mo contract w/ him. And his contract is poorly written. We have been disagreeing a lot. A lot of the contract seems to be verbal. I've had enough with the back and forth. Been with him 5 mo (one month wasn't contracted since I paid upfront). So I technically have 2 more mo and owe him $800 for those 2 mo. I put a stop Payment on his automatic monthly payment with my bank. I am slightly worried he will try to take me to court or send me to collections. Or that he will find another way to withdraw the payment from my acct. is that even legal?

I just feel that I am being overcharged and dealing with more arguments/disagreements than I can deal with. He tells me one thing one time and something different the next. Excuse me if this isn't the right spot for this. But I feel like a shitty person now and there's no working around this with the guy.

What are the possibilities that he does something with this? And do I have any rights? The contract is so vague.

Edit:
So his verbal cancellation policy is  I must cancel before 8pm the day before my session. I late cancelled 2x and I was okay not being able to make up those days. He actually said he was going to allow me to make up those days bc he felt like being nice. So in the past he said that if don't use a session that I can just apply it to a different week. So I had thought that I'd get to use those sessions any week as long as I paid for them (which I have). Now he is saying that I have to make them up right away. He never said this before.

[contract ](https://imgur.com/a/YdTPx1o)

Answer:
 >So in the past he said that if don't use a session that I can just apply it to a different week. So I had thought that I'd get to use those sessions any week as long as I paid for them (which I have). Now he is saying that I have to make them up right away. He never said this before.

He probably meant that cancelled sessions **with proper notice** can be rescheduled for any week, sessions he isn't required to provide to you may fall under different rules.

All of this would've been better suited to be included in the contract before you signed it but none of it seems like a breach of contract.


Title: [CA] Roommate left a mess when he was leaving, I told him if he didn't come back to clean I'll take it out of his portion of the deposit. This was a year ago. He just requested the money.

Question:
Had a huge controversy with an old roommate over a year ago. It got to a point where I told him either he needs to move out or I will move out. It was around the time the lease was about to expire.

He had put in a deposit of $500. I had put in the other portions of the other parts of the deposit. When he left, he left his room & bathroom a complete mess. I took pictures documenting. He also left trash and things still in the apartment. I hired a professional cleaner to clean his room and bathroom. I got the carpet cleaned with the apartment complex. And spent time throwing away and cleaning out his stuff.

When he left, he also did not return his keys until after 2-3 days of when he said he was moving out. I had to contact him multiple times to return it. Even after the 2-3 days he still did not return at least another key I knew he had (since I had given him that copy). This also forced me to change the locks. I was unable to show his room until I had it professionally cleaned.

I got a new roommate who moved in after a few weeks. I ate the cost of him leaving. No deposit was ever returned from the apartment because the lease was renewed.

Right after he left, I sent him texts asking him to drop off the keys and asking if he has finished cleaning because he still had stuff left. He replied he was going to drop off the keys but made no mention of the cleaning. So I texted him again asking him if he was finished cleaning because of his stuff & how messy it was. Finally, after a few days of no reply I texted him saying that because he has not replied I will throw away his things and that I will take the cleaning out of his deposit. Waited a day just in case. And then proceeded.

I was going to send him an official line by line invoice of all the non rent costs I incurred as well. I actually made the invoice and sheet. But he never replied back to my numerous texts so I just never did.

I just saw he requested the $500 through a payment app a few days ago. I'm guessing he forgot about the text and since it's been about a year remembered "wait a sec, I haven't gotten my deposit!" He did not send an email or anything about it. Just requested the money.

Any advice on how to approach it? I guess I can

1. Ignore/decline the request and hope he just gives up or emails/texts me. If he takes me small claims I can then try to counter sue him. Will I win? I feel like it'll just be a draw.

2. Send him the invoice I had made of all the cost incurred. But I'm afraid that'll antagonize him and make him want to take me to small claims. Hmm I guess instead of the invoice I could also just email him and say that I texted him I was going to take cleaning out of his deposit. Since he never did I just took it out of it. Then give him the line by line only when he asks for it.

3. Return part of his money but not all of it and tell him that I sent him a text about cleaning costs. And send him an invoice only based off of the cleaner's cleaning costs. I made sure the cleaner only cleaned his room/bathroom and nowhere else. Since technically, I did only text I'll take the *cleaning* costs out of his deposit. And not lock changing, carpet cleaning (who cleaned the entire apartment), or effort and time it cost me to remove and clean his things that were not located in his room or bathroom (I was freelancing at the time).

4. Just return his money and hope he goes away. But I rather go to small claims and lose than return his money. More on principle than anything.

5. Something smarter you guys are going to mention or you're just going to bash me about how much I suck

tl;dr Roommate made a mess, did not return his keys. I texted him to come and clean or else I'll take it out of his portion of the deposit. He never responded. A year later he requests for the money via a payment app. Should I just ignore?

Answer: If you did not send an itemized list of deductions made from the deposit with 21 days, you are not entitled to keep the entire deposit and must return it. If he sues you for that deposit amount, you will be subjecting yourself to some pretty hefty penalties. Yes, you can countersue for the costs of repairs.


Title: Cops sloppy handwriting costs me my licenses?

Question:
I was pulled over on 3-29-19 and received a ticket for speeding. I decided I wanted to appeal it so I checked the appropriate box filled out q check and mailed it within a day or two. A few weeks later I received my filing fee back with no explanation, that’s weird I thought, but figured my ticket might been thrown pit because it had some discrepancies on it so i didn’t do anything more. Fast forward today and I get a letter telling my license will be suspended unless I pay $400 before 6-1. As I read this letter from the RMV I notice It said I was pulled over on 2-29 instead of 3-29, I look back at a photo copy I had made of the ticket and notice the bottom of the 3 matches up with a line on the paper and can’t be seen at a glance. So by the time I sent in my appeal the 30 days since I was ticketed (since the state thought I was ticked on 2-29) passed and I was technically in default.

Who should I take this up with. It doesnt seem to me like the RMV would have the authority to fix this?

Is it lawyer time?

In MA if it matters

TLDR 3 looks like a 2 so the state thinks I didn’t send in my appeal in time and my licenses could be suspended
Topic:
Traffic and Parking

Answer: There was no 2-29-19 this year so that will make things interesting. I would talk to a lawyer.Answer #2: go to court and ask to speak to the clerk. do you have proof you mailed the original?


Title: School harrassment situation

Question:
Because a lot of people suggested I make a new post, I decided to do it to let you know about the situation more. Im sorry I wasnt specific before.
Previous posts: https://www.reddit.com/r/legaladvice/comments/a57ubv/im_being_sexually_harrassed_at_school/

https://www.reddit.com/r/legaladvice/comments/a5rs00/update_on_the_school_harrassment/
Well, firstly, thank you all for being supportive and encouraging, it means a lot.
I live in Czech republic, its a tiny state in Europe, sorry for not saying that sooner and making you all confused, it wasnt my intention.
I was thinking a lot about what to do next, I approached a classmate that is probably being harrassed the most, she is a very shy, small girl so she didnt tell me much, however, she did say that Mr. X did try to do god knows what to her when they were alone in his office. Apparently he grabbed her but she pushed him away and ran off. Truth to be told, Im kinda scared of going to school and meeting Mr. X.
In the past, when we were also alone in his office he stroked my thigh and said that he wishes we could get to know each other better. On another occassion some other girl caught him snooping around their changing rooms for p.e., I dont know if its the truth, but she said he was holding some girls leggins when she saw him there. There are more of similar stories of girls getting touched too.
I think the counselor told him that I tried to do something about this situation, maybe Im overreacting or being paranoid, but Im pretty sure he tried to kick me off the stairs today. Some boys saw him kick my butt, they just laughed, they probably thought Mr. X was just messing around. It was a hard kick, but I managed to not fall the whole staircase and just sort of balanced it out thanks to a wall.
I dont know what to do anymore, Mr. X terrifies me and I feel sorry for the other girls, they dont want anything to do with this though, stating they dont want any problems and that we should just all forget about it or deal with it, that it will soon, hopefully, be over.
What do I do? Should I really go to the police? What do I say? Where do I start? What if they dont take me seriously? Im sorry for so many questions. Im just so lost in all this.
Thanks in advance for trying to help, I appreciate it.

Answer:
 OP, I’m so sorry. You’re right to be concerned, this man is dangerous. He’s escalating, not even trying to hide it in front of other students. I’m so glad you didn’t fall, you must have in shock. It does sound as if the counselor may have told him about your discussion.

Yes, go to the police, go soon. Don’t be afraid of them believing you, tell them what you’ve told us.

About this teacher being popular. Not surprised that he’s a hit with the teenage boys, he acts out what they know not to do.

You don’t have to tell anyone you contacted the police. You can say an aunt saw your texts to an online friend about him, they called the police & forced you to talk. You can say I’m your online friend & you had no idea I would break your trust & call the police behind your back. If you’re worried about your classmates’ reactions, do that. Nobody has to know.

I’m proud of you, OP, very proud of you. You’re 100% right. You shouldn’t have to deal with this, he has no right to be touching the students. I’m so sorry that your friend he assaulted thinks she just has to wait to get away from him. Who knows how many girls he’s assaulted or will if he’s not stopped. It sounds as if there’s going to be a line of girls he was inappropriate with if they find the strength to talk.

Hugs, OP. You’re doing all the right things. You went to your mom, your counselor. *They’re* the ones failing you. You’re doing great, exactly the right thing. Go to the police. They’re not friends with this guy, & they’ll listen to you.


Title: My car was just stolen from me at gunpoint. Could I be charged for where I was?

Question:
I guy I somewhat know just pulled a gun on me while we in a gas station parking lot and stole my car. The reason I am posting this is because I lied about why we were in the parking lot to the police. I told them we were just there to get a pack of cigarettes (which we did)  but really we were there because the guy said he knew someone who was selling adderall. I dont normally use adderall but he said he was basically giving them away so I figured why not.

While we were there he said he needed my car, pulled out a gun, and took off. I never actually bought anything but there are Facebook messages from me to him (him using his girlfriends account) saying he knew the guy with the adderall, how much they cost, when to pick him up.. Most of what I told the police is true except for why we were at the gas station.

Do I have anything to worry about as far as why we were at the gas station? Could I be charged with lying to the police? Any advice would be very helpful. Sorry if this doesnt make any sense as well, I'm pretty freaked out.

Answer: The penalties for lying to the police vary greatly depending on the severity of the falsehood and the alleged negative impact of the falsehood.


Title: [CAN-ON] Police said I can't return home, but I'm the closest person to a tenant?

Question:
Location is Ontario, Canada in case the bot flips out.

In a nutshell, I live with my father, and had an altercation with him today, that resulted in me calling the police. When speaking with them, they said I could not return to the residence, since I was not listed on the lease.

However, this presents an interesting scenario. My father pays rent in cash under the table, and has no lease. All bills are in the name of the landlord, and he legally claims to live at his office, or with his partner, at a separate address.

I have all my government mail sent to the correct address, and my drivers license is listed to my residence. All my ID points that I live there, and he does not.

However, they claim he still has tenancy, and does not have to prove it, whereas I need to prove I have a valid lease to retrieve my belongings. My father cannot prove with any documentation that he lives there, but I can.

The only suggestion offered was to either ask him amicably, or demand them with an officer present. I don't see my father working with either option, so where do I stand? Can I waltz in when he's not there and get my belongings? Or should I call the police and demand them?

Thanks for any help! :)

Answer: If you're a resident of a particular address, then unless charges have been laid against you and/or you have a court order prohibiting you from contacting a person, the police have no authority to illegally evict you from the property or prohibit you from returning (and neither does your father).  You can only be evicted by following the normal eviction process.


Title: Need a quick answer for restraining order - Child on life support

Question:
I have a friend (20M) who received a restraining order against his now current ex girlfriend - they share 2 children & she was granted custody of both. Jackson County, MO - His youngest is on life support with a 10% chance of survival. Hoping to find out if he would be able to go see his child w/o messing going against the restraining order.

restraining order states he may not commit or threaten dom. violence, stalking, molesting, sexual assault, or disturbing the peace wherever Petitioner may be found.

enter or stay upon the premises wherever the petitioner may reside, place of employment or school.

communicate w/petitioner in any manner or through any medium.

I don't have much else info - I do know his ex contacted him to let him know of this issue w/his daughter. The clerk is closed and we're trying to get him to see his daughter tonight if possible as it may be her last.

Is there any way this could go south for him if his ex agrees to not be in the same area as him during time of visit?

Answer: Tell him to please call the hospital social worker. They deal with these situations and will facilitate a visiting window for him.


Title: Landlord ended lease before giving me key

Question:
New York City

So I signed an apartment lease a few days back and the landlord wants to break the lease. I have not moved in and he has not given me the keys.

I already payed the deposits and rent, as well as the broker fee.

Landlord agreed to return the deposit and rent, however the broker told me I am tied to him unless I want to lose my broker fee as well.

Is it legal to hold the broker fee before I got the keys to the apartment?

Answer: If the LL is breaking the lease, he should be paying you for the additional cost incurred as a result, including broker fees.  He's on the hook otherwise.


Title: (UK) Legality of Rounding Employee Shifts

Question:
I have a job which involves making software for employees to sign in and out of work. I've recently been asked to implement logic which rounds shifts like so: every day, the start of the first shift will be rounded up to the next nearest 15 minutes, and the end of the last shift will be rounded down to the previous nearest 15 minutes.

So, both shifts will be rounded in a way which will lower hours worked, it will never be rounded in a way favourable to the employee.

This is in England.

I just want to make sure that this is legal and that my employer knows about the legality of this. If you know about this, please provide a link to some reliable legal documentation so that I can know for sure and prove that this either is or is not legal.
Topic:
Business Law

Answer:
 At least in the US, this would be expressly illegal. Recording hours must be done in one of two ways: Either exact times worked (clock in say 7:00 clock out 3:33 meaning with a half hour lunch break 8 hours 3 minutes were worked) OR rounding to the nearest quarter hour, as long as it can go both ways, so if they sign in at 7:08 it can be recorded as 7:15 but if they sign in at 7:07 it can be recorded as 7:00. It must be consistent too, they can't require exact time when it benefits them and rounding when it benefits them.

Now this is in the US. Two thoughts about the UK. First, you tend to have stronger employee protection rights in the UK, so I'd be willing to bet this is illegal. Second, for a more specific answer try /r/legaladviceuk.

While I can't point you to a specific entity for help, this is most likely illegal.


Title: Can my aunt be reported for charging my grandma $2k per month for “assisted living” when my grandma was living at her home?

Question:
First time posting here.

My grandma died last spring after falling off a bar-height chair, while under my aunt’s care.

My aunt charged my grandma monthly to live with her for years, basing the rate on “what full time assisted living costs in Wisconsin”.

My aunt has no qualifications, experience in elder care other than my grandma, and my grandma did not need assisted living until the last few months of her life. Hell, she hasn’t even had a job in 30 years. My aunt charged my grandma for 4 years.

I strongly believe that this may constitute financial abuse of an elder. I also think that she neglected my grandma by having her on the chair in the first place. At that point, my grandma could not have even gotten on the chair without physical help from someone.

Since my grandma’s death, aunt reported her doctors for malpractice, had the nursing home my grandma was in for 2 weeks shut down, and tried to collect disability for back pain. My uncle is a doctor and they are multi-millionaires. This is just the pertinent unethical shenanigans my aunt has gotten into; she’s done a lot of questionably fraudulent crap over the years.

Thanks for any advice.

Answer: Taking care of an elderly family member is time consuming and expensive.  Assuming this covered rent, utilities, food, transportation, etc, then it likely isnt an unreasonable amount.