Title: Would it be legal to have land mines/other traps in your yard if you had a sign warning?

Answer: Nope.


Title: My landlord sent collections to the wrong address and never notified me of anything via email or phone. The collection agency has put in a derogatory remark and my credit score is down by 150 points.

Question:
So when I moved out of my old apartment in July of 2018, my landlord had a some cleaning charges. I was happy to pay it but they told me there was nothing at the time. But later they charged us something and sent a mail to the wrong address (have email proof). The collection agency (national credit systems) assumed I was not gonna pay and in May of 2019, filed a derogatory report. My credit score is down by almost 150 points (the other 3 people in my lease had almost no effect). I immediately paid my dues but all my reports still have the remark and my credit score hasn’t increased.

What do I do?
Topic:
Landlord Tenant Housing

Answer:
 IANAL but I do work in the financial industry.
Since you have already paid it doesn’t sound like there is a lot you can do. I would recommend calling the collection agency and asking if they will remove their remark since the debt has been paid. If they agree, be sure to get that in writing.

In the future if this happens you should request a debt validation. If it is valid you should negotiate in writing that if you pay the debt in full they will no longer report it on your credit. Even paid collections items can stay on your credit report for 7 years.Answer #2: You shouldn't have paid until you had an agreement for removal of the derogatory. Unfortunately you have no leverage and also reset the clock for the derogatory to remain on your credit report.


Title: CROSSPOSTED I need help with a sticky situation. Please help!

Question:
Hello all,
Long story coming. So about 4 weeks ago I had called a scrapyard to talk about getting my car towed as it had broken down. They said they would come by and have a look at it and tell me if it was worth anything, and if I wanted it towed, to leave a key. I look at my phone sometime the next day to find out I had a message saying that the car had been towed already. I never left a key. I called them back as soon as I could and told them that I needed some things off the car before they sold anything. The woman who answered said she would get back to me. She didnt get back to me. I called again and asked, and they said they had already sold the parts that I needed. The parts in question is a brand new set of winter tires. I called the scrapyard back a couple days later and asked that I be properly compensated, as these tires were worth $400. They offered me $100.
I went to the local station today to try and talk to them. I talked to one of the officers and he shrugged it off as a 'civil matter'. I can't afford to buy new tires this winter for my new car, and the station seems to refuse to help me as it wouldnt be in the publics interest according to him. From my understanding I am part of the public, the same as anyone else. And from my understanding that car is stolen, as I never once gave them permission to take the car, and I never left the key. What can I do about this? Should I push harder with the police to aid me or walk in a different direction? I live in British Columbia, Canada.

Answer: If you didn't sign the title over the car is still your property,  those tires can be considered theft of property. If you signed paperwork allowing them to tow and take your car for an agreed price then your sol


Title: I really need help. My nosy ignorant neighbors reported me for animal cruelty and got my dog taken away. Now I need to pay large animal control fees to get her back before they kill her or give her away. What do I do? Kansas.

Question:
I've lived in this neighborhood for about 4 months now, but the neighbors have not liked me at all. I was homeless after having my life fall apart last year. After losing my sister to suicide and my job, I went into a pretty bad spiral. My anxiety/depression and guilt made me basically give up on life. Lost my car, and my apartment.

Eventually after months of struggling I was able to find a random kind stranger who actually let me rent his deceased mothers old 1 bedroom home for free until I got on my feet. It has been a blessing for me while I rebuilt my life especially with the cold winter we had.

About a week into February I found a stray dog that was outside by the garbage. It was bitterly cold so I got some food and eventually got her to come inside. She eventually ate some jerky I had and passed out in the living room. I talked to the owner about her the next day, expecting him to want me to give her away. He actually let me keep her and explained that he had a dog once and it helped him through his depression dealing with the death of his wife. He left the choice to me so after a few vet visits, and a little learning curve I adopted Pepper. She's an amazing short haired pointer and I love her.

Sorry for the large intro, but this is where things are stupid. My neighbors are an older couple who have never liked me. They knew the original deceased owner, and didn't like her son and definitely don't like me. At first they thought I was a contractor( I didn't look too great when I moved in). Eventually they figured out I was homeless and flipped. Called cops twice for imaginary complaints about drugs or noise. Nothing happened either time because I am 100% clean and don't even have a TV.

In April they called Animal control saying I was abusing my dog which I would never do. They came out talked and recorded some stuff, but nothing happened. I guess this was some sort of evil plan on their part.  I let Pepper into the fenced yard monday while I took a nap and when I came back out to get her she was gone. I honestly think they let her out or something.

Today I finally saw that she was found, but it wasn't because she was lost. Animal control came and took her because of a claim of abuse from my neighbors. Apparently she was running around wild in their yard which she has never done. I think they let her out and put her in their yard to frame her.

Now they want fees for registration, retrieval, boarding, and the abuse examinations they did otherwise I can't get her back. They want $300 and I just cannot afford that at all. I struggle right now as is and all I have is a fast food job. I don't get paid until next Friday. How do I get her back? They are basically saying if I don't get her back tomorrow it will be out of their hands and I will be giving up my claim. Please can someone help me. I know I'm not the greatest person in the world, but I truly love that dog with all my heart. She is better taken care of than I am and I don't know what to do without her.

Answer: There is no way around it, you need to get the dog out and pay the money.  After that is done you can decide what course of action, if any is avilable, you can take against these neighbors.  Surveillance cameras would be my first step covering the back yard to CYA.  I also would not leave the dog unattended outside, you do not know if she got out on her own or with their help and you have no way to prove it.Answer #2: Not legal advice.  It might be worth calling around the local animal rescue groups to see if they can help you.  None of them would be under any obligation to do so, but it's worth a shot.  Also, if there are any resources to help you navigate this, they would likely know how to point you in the right direction.Answer #3: Could there be any way of you asking the person you live with for the money, promising to pay it back as soon as you possibly can, and maybe taking the neighbors to court?


Title: (WA) My ill Dad is preparing me for his death but has concerns about his estranged wife.

Question:
I was recommended to cross post from /r/advice. My dad is ill and has been prepping me for his eventual demise, signing over titles, giving me security codes to his storage, etc. He has some concerns regarding his estranged wife's behavior after his death, which is valid since she is unstable and has ill will toward me and my family.
Some background on his wife, she has a severe prescription drug problem coupled with bipolar disorder. They have been married for about 6 years but 4 of those years they have been separated, my dad has tried divorcing her and has been met with physical abuse as well as her calling the cops claiming that he hit her which resulted in him spending 4 days in jail, there was an altercation but it was one sided, my father has never and would never hit anyone he is weak and ill and does not have the strength to. She has financially drained him of almost all his assets and savings which leaves him trying to live off of meager social security checks and can no longer afford the legal battle of trying to cut ties with her. She does not like me, his only daughter, for unknown reasons. She claims that I am stuck up toward her and is greatly offended by my personal success. She threatened to bring a gun to my wedding also threatened to poison me while I was pregnant. I have a no contact order against her.
How can I prepare myself legally, mentally, and physically for my father's death and having to deal with my vastly unstable stepmother?  I live nearly 4 hours away and I'm mostly worried about sentimental artifacts, my father's dogs, and her ability to act like a sensible adult and not go to his house after his death to destroy everything out of spite, which she has done before for other reasons. Thanks!

TL;DR: I'll father's estranged wife is threatened to create a mess of things after my dad's death. How do I protect myself and my father's stuff? Is there anything I can do legally to keep her from his property?
Topic:
Wills Trusts and Estates

Answer:
 IANAL, but your father should speak with an estate lawyer and have him draft a will, instead of just signing things over and giving you access codes to his storage space.  The more his wishes are documented correctly, the more likely that they will be adhered to up.  The way you describe it, this sounds like things are setting up to be a huge mess.

If he dies without a will, your state's intestacy laws will be the determining factor.  I have no idea how it handles seperated couples that are still legally married, but here is a link to the state legislature.

http://apps.leg.wa.gov/rcw/default.aspx?cite=11.04.015


Title: Student with Learning disablility

Question: Hello, I live in the state of Michigan. I have paperwork which shows that I have ADHD Combined and also Dyslexia. I got accommodations at my previous community college but now the new college is telling me if I do not get retested, I have tested from the Milwaukee medical college in 2000 and also from the public school system in 2007, I will lose my accommodations. My accommodations are dragon speech, a text to speech program and extra time. I also use Grammarly which is helping me write this. I am wondering if this is legal and if not what can I do to fight for my rights?

Answer: It’s perfectly legal for a college to require updated testing to give accommodations.  Your testing is 12 and 19 years old.    Surely, you’ve learned some strategies since then that helps you minimize the needs for accommodations.


Title: [UTAH] Statute of limitations on Theft?

Question:
Hello,

When I was 18, I was stupid and decided to try to ~~rob~~ shoplift from a Wal-mart. Long story short, I was caught and apprehended by the Wal-mart security, where they called in the police. I was fingerprinted and everything.

About a month later my family moved to Arizona for 6 months, then I lived in Idaho for 2 years, then back in Utah. I'm now 25 years old, and it's been 7 1/2 years since this happened. To be honest, I kind of forgot about it and moved on in my life. I've had a speeding ticket, been in a car accident (not my fault) and had three different jobs, and it's never come up before, so I figured there wasn't an issue.

Today, I get a notice in the mail that there is a warrant issued for my arrest. When I looked it up on Utah's 'Warrant Lookup' site, all it says is 'Theft'. There is 0 possibility that this is for anything else.

I looked up the [statute of limitations for Theft in Utah](http://research.lawyers.com/utah/utah-statutes-of-limitations.html), which says 2 or 4 years, depending on the facts of the case (my attempted theft was right around $500).

So how does this work? They have a phone number to call, but I'm afraid I'm going to be taken to jail, and I can't afford to miss work right now. How can I get more information about this, without incriminating myself? Shouldn't the statute of limitations have already passed?

Thank you

Answer: Others can probably give better information, but I think the statute of limitations applies to the period between when you commit the crime and when they charge you for it.  If they charged you 7 years ago and just haven't been able to find you until today, the statute of limitations doesn't apply.  If it's a new charge filed today for a theft that occurred 7.5 years ago, the statute of limitations would apply.  Most likely, it's the former situation.  Have a lawyer do some research for you.Answer #2: I'll leave this to the real criminal people, but let's clear up some terminology: Did you try to *rob*, or did you try to *shoplift*? Robbery is when you tell the cashier that you have a gun and to empty her register into the bag. Shoplifting, or retail theft, is when you're a dumb kid and you stuff a bunch of xbox games into your sweatshirt. I'm hoping we're talking about the latter.


Title: A while back my co defendant and I were charged with 5 counts of recklessly causing a fire of a structure or forest, a felony and 5 counts of negligent starting a fire, a misdemeanor. DA is offering to resolve my case as a misdemeanor with restitution. Should I take the deal?

Question: My co defendant and I were going camping and on the way we threw some fire works out of the bed of the truck onto the dirt road. We were going pretty slow so I knew they wouldn't bounce off the road and cause any fires. Then my friend decided to start throwing them into some brush and tall grass, at that point I stopped tossing them on the road and my other friend and I told him to stop because he might cause a fire. He didn't stop until about 10 had been thrown into the grass/brushy areas but we didn't see any smoke or indication that any he threw started any fires so we continued driving. Long story short 5 fires were started and the next day a fire Marshall, investigator, and several officers showed up to our camp and interrogated us. The night before we burned the remaining fire works in the camp fire so none were recovered as evidence by the police except the ones that were thrown on the road. During the interrogation by the police I plead the 5th and refused to give a statement, one of my friends, the driver said he was sorry about the fires and said he didn't do it but saw my co defendant and I tossing fireworks, while my other 3 friends denied knowing anything about the fireworks ect. My co defendant admitted to throwing out fire works on the road but said they weren't lit, then a while later admitted to the interrogator in front of all of us that he threw out the fire works and said that he was the only one who threw any. All of out statements were recorded on tape recorder except when my friend said he was the only one who threw any fireworks out, I believe at that point the recorder was off and put away but I could be wrong. After all this no one was arrested and no action was taken by the police. Two years later and bam here we are both being charged. We both went to the arraignment and the next court date after that, not sure what it was called. Neither of us has had a preliminary hearing or a pre trial. The DA is offering to resolve my case as a misdemeanor with restitution but is going after my co defendant harder and pursuing felony charges. My public defender thinks I should take the deal and said if I don't I could get jail time, a felony, probation, fines ect. Do you think my public defender is trying to scare me into taking the deal when I have a chance at getting my case dropped or winning in trial? Do you think I should take the deal or wait til the preliminary hearing to see what evidence the DA has on me, then either take the deal or continue on to trial and hope either the DA drops my case or hope I can win with a jury trial? Also if I wait til the preliminary hearing if the evidence is against me will I still be able to take the deal for a misdemeanor? What should I do?

Answer:
 > My public defender thinks I should take the deal

No one here can possibly give you better advice than your lawyer, who has a full command of the facts of your situation.


Title: [SC] Hired movers did not show up, replacement crew did not either but arranged for a 3rd crew.

Question:
As the title says. I was living in South Carolina, moving to North Carolina and this past Saturday we had hired movers to help us load and unload the Uhaul we rented. They were hired through the Uhaul site, which is a front/broker for movinghelp.com.

We originally had a scheduled 2 man crew to show up at 10AM for 5 hours. 10AM rolled around and no movers, by noon it was apparent they were not coming. My wife called MovingHelp and they got in touch with a crew that was willing to come do it but they would not be available until 7pm. I spoke with MovingHelp and they had me go on their site and cancel the original order which left me with a credit of right at $350. The lady on the phone wanted me to re-book a scheduled time slot with the 2nd crew but I couldnt and kept getting an error because his schedule was full and/or he did not normally allow for booking time slots at 7pm on Saturdays. So she advised that I could either get him to do it or request a refund and pay him in cash instead.

Well, 7PM comes along and no movers show up... Finally at around 8:30PM, a couple of guys show up. They had apparently been dispatched out by the guy that I had spoken with from the 2nd crew. The guy from the 2nd crew had told them that he would be on his way and that they would only be doing the work for an hour or two. Couple of hours later, the father and older brother of one of the 2 guys shows up, all three of the younger guys start hustling and the father is trying to get a handle on the situation. The father is apparently the boss for the crew that is out doing the work and has had dealings with the guy from the 2nd crew in the past. Fast forward to 5 hours later and the 2nd crew guy still has not arrived. By this point, the truck is loaded and at my new place but any further work would go past the 5 hours I paid for and we had 3 instead of 2 movers so I was already beyond what I paid for. Getting the truck unloaded took $150 cash, which I was more than ok with paying. The guy from the 2nd crew texted the father of the 2 brothers at around the time they finished up saying he was at the house, which was not true since we were in the driveway. About 20 minutes after they left, a car pulled in to the driveway, sat there for about 10 minutes then left. At this point it was after 3:30AM.

The next day, I went on the MovingHelp website and put in for a refund. The father of the crew that did the work texted me about getting paid and I explained to him that I had processed a refund and it would be 3-5 days before I had that money in hand. He and I agreed to meet after that and he was perfectly ok with making sure I had a receipt for the pay. Well, yesterday morning, the guy from the 2nd crew texted me saying "I'm coming to get my money are you home", I ignored his message. Today I took a certified check to the father of the 3rd crew, at his day job, and had him sign the stub.

Is there anything further I should do in regards to making sure that the 2nd guy and/or MovingHelp does not try to come after me for the money?

Answer:
 Does the 3rd crew work for the company or were they unrelated and simply aquaintances sent by crew #2? Have you received the refund yet or did you pay out of your own money?

I would:

1. Inform #2 that you have paid for the move with the people who did the move and have a receipt showing so, and that you have no reason to pay him as he did not move anything. Ignore any response after that.

2. Inform the company (see if you can reach the lady from the phone call), that #2 did not show and now is demanding payment. I might wait until that refund clears first. IF and only if #3 works for the company should you mention them and that you paid them. Don't mention #3 until you have your refund otherwise. If the company says that #2 says he showed up and did the move, then mention #3, that #2 sent them, and your receipt.

3. Keep copies of all texts backed up, write down details and times and people's names. Answer #2: Not legal advice but I have heard nothing but negatives about movers hired directly from U-Haul. They're less expensive because they're not trustworthy.


Title: [NJ] Landlord name not on deed

Question: can someone legally be a landlord even if their name is not on the deed? any relevant case law would be helpful. Thanks!

Answer: Yes. There's no legal link to being named on the deed of a property and being that property's landlord. I've rented several places where the landlord is not the property's owner.


Title: Georgia: have joint legal custody of my daughter;13. Her mom is not allowing me to take her on vacation.

Question:
We share custody. I'm supposed to get her for 2 weeks in the summer between June and August. Or before then if I give 90 days written notice. Once a year she gets pissed at me and makes me file contempt of court on her. Had to do it twice now.

I told her about the vacation in February of this year and she was ok with me taking her tre week after school was over. This upcoming week. She got in trouble last week at school and is saying basically that she had final say and she's being punished, but she's also mad at me, and is now saying see can't go.

Every time I file contempt the judge basically shakes his finger at her and says y'all go play nice and get along.

Edit: currently having local police do an informational report for me. Also called her to meet me at the local police dept this evening to discuss things. Unfortunately today is court day in my county and there are no judges available to talk nor mediators. So now I wait to see how the meeting Goes this evening.

Edit 2:  So I met with her. I very calmly explained to her that I felt she was being unreasonable. I explained that most of our miscommunication comes from a place of snap judgement and misconstrued texts and that when we talk about things, we can coparent well. That we have to work together and she agreed. Like a comment below, she feels like it's rewarding bad behavior. I basically told her, look this is Disney World. Every kid wants to go, some kids never get to go and this her chance and to let's work out something reasonable like no souvenirs or something. But don't keep her from this. Talked for 1 1/2 hours. Just me and her. She said she'll message me in a few hours. I feel like I made some ground with her and I'm hoping that she's going to let her of her volition. I also told her I'm tired of court and tired of us going because it just hurts my daughter. We'll see.

Edit 3: So my daughter is seeing a new counselor to help her cope with a few things. That new counselors first visit was today and apparently a good "3rd party" opinion that the mother needed. Convinced her to let my daughter come with me. So. All's well that ends well. However, I've got things currently in motion for some serious modifications. Thanks to everyone that has contributed and helped in any way. Thanks for being a great community and listening as things progressed.

Answer:
 Since you are looking for a quick fix.

Go to the sheriff's office with your custody order, any evidence of the previous contempt, and proof of the vacation plans, and ask them to help retrieve your daughter.

I can't guarantee it will work, but it's a lot better than just abducting her.Answer #2: did you get it in writing?


Title: I was told by the dealer I bought my Jeep from that it was 4x4. It is not. What can I do? (North Carolina)

Question: I bought a used Jeep from a dealer three weeks or so. I finally got time to take it to the beach where 4x4 vehicles can drive on it and got stuck immediately. I noticed once I was stuck that my front wheels didn't seem to be spinning, so I took it to a mechanic. They told me that the front drive shaft and some other components necessary for 4 wheel drive had been removed. Do I have any options for recourse concerning the dealership? I used a credit card for my purchase, if that matters.

Answer:
 NC Law creates warranties by the seller.  These two I think would apply to your situation:

https://www.lawserver.com/law/state/north-carolina/nc-laws/north_carolina_laws_25-2-313

https://www.lawserver.com/law/state/north-carolina/nc-laws/north_carolina_laws_25-2-315Answer #2: Did you sign any paperwork indicating that the vehicle was a 4x4?


Title: My landlord didn't disclose that my apartment houses heat/water for all units, maintenance comes and goes without notifying me (Massachusetts)

Question:
Hello Everyone! I am living in Massachusetts and am currently having an issue at the new apartment I recently moved into.

For security reasons I place sensors on my door so that I would be notified when someone was entering my apartment while I wasn't there. Yesterday I began to receive notifications that someone was entering my apartment numerous times. I called the maintenance line and asked if my apartment had been scheduled to receive maintenance (if not, then that meant someone was breaking in). A few minutes later I received a call from a maintenance person, who said they were in my apartment because they'd received a call that the hot water was not working.

Note: I had put a "do not enter" request on my apartment, which meant my boyfriend or I had to be present for maintenance visits. Additionally, I had received no notification that someone was going to be entering my apartment.

While on the phone with the maintenance person, I learned that my apartment houses the hot water and heat for all the other apartments connected to mine. This meant that every time there is ever an issue, maintenance has the right to enter my apartment.

This was not disclosed to me, and was not mentioned in my lease agreement.

Is this legal? What are my rights in this situation? My boyfriend and I were thinking of asking to be relocated to one of the nicer apartments but at our existing rate, or asking for a significant rate reduction as compensation for this inconvenience and lack of disclosure. Are these good starting points?

Many thanks for any advice!
Topic:
Landlord Tenant Housing

Answer:
 Generally they have to give notice before entering absent an emergency. Have you asked why they are not giving you notice?Answer #2: >This meant that every time there is ever an issue, maintenance has the right to enter my apartment.

That's not what that means. Answer #3: We had an apartment like this.

Not that I would ever make that mistake again,  but it helped that we got along famously with the other dwellers.

One particularly bad day, I was home with the flu. It was 20-below F outside. I was freezing and drew a hot bath. My roommates were gone to class. I was soaking my aches away when water began gushing through the ceiling above. Our apartment was the basement of a renovated house. I waited to see if would stop. It didn't. Dragging my naked, fevered body out of the tub, our 250 lbs, body-builder, upstairs neighbor throws open the bathroom door. "WHAT ARE YOU DOING?" he screams. I froze. He had barged in through an unlocked door. I couldn't begin to process the fact that water was pouring by the gallons from above, a 6-foot hulk looking like he was about to smash something, and how he could possibly think I might have something to do with the leak. That moment is frozen like a picture in my mind.

Now when the moment arises, I always specifically ask about the utilities, meters, and access points.


Title: I just found out I'm a father 14 years later. Do I have any legal rights?

Question:
Nearly 14 years ago, I had a one night stand with a woman I met on yahoo messenger. I know it was stupid, but I was a horny teenager. The woman was only a year older than me but had her own place. After our one night stand, she cut off all communication with me until I received a letter in the mail this past week saying the following:

"Mondromeda,

I'm not sure if you remember me, but we had a fling sometime ago. We met online and agreed to meet in public. Afterwards we went back to my place and I'm hoping you remember the rest.

My conscious has gotten the best of me but I wanted to let you know that I became pregnant and had a boy that I named Caleb. I'm not expecting anything from you and do not expect to speak with you again, but like I said, I thought you should know.

<Signed by her screen name, not actual name>"

I know this isn't a joke on someone else's part because know one knew about her. I've tried looking up her screen name through various online sources and using the physical address for the apartment, but I'm not getting a response.

So my question is, if I am able to track her down, do I have any legal rights to a child that I did not know existed and whose existence was hidden from me?

Edit: I'm located in Ohio

Answer:
 > do I have any legal rights to a child that I did not I know existed and whose existence was hidden from me?

Yes.  If you want, you can fight to establish paternity, and then visitation or custody.

I would caution you **very** strongly to think heavily before doing this.  First, you open yourself up to child support obligations(which you have anyhow, but pushing the matter would make it more likely she'd fight for it).  Second, this may not be the best thing for the child.

You may want to start by simply speaking to her, and trying to build a relationship without restorting to legal means.


Title: Liability of a Police Officer administering Narcan to save the life of an overdose patient?

Question:
US, Washington State

Times have changed and so has the role if the police officer.  For a while now, heroin has become an epidemic and along with the heroin use comes the occasional overdose.

Many times, an officer will respond to an overdose and arrive on scene fist.  Because of this, many departments are trained on the use of Nasal Naloxone  (Narcan) and prescribed it by a doctor to carry just in case.

From my training, I've been told there are absolutely no negative side effects of giving Narcan to a patient that doesn't need it.

Many officers fear change and say they aren't medically qualified go be giving an unconscious person Narcan.  The fear is they are liable and could be sued.

With that in mind, what could be (if any) a possible legal repercussion for the officer if they use Narcan on someone?

EDIT: Thanks for the great replies! I am all for helping out and giving Narcan when needed.  I have personally saved 2 people and seen countless others be saved.

I posed this question because it's a heated topic among officers and many try to excuse their dissent by saying they are fearful of being sued.

Answer:
 All depends on the state. I know that in PA and OHIO, they have passed laws to reduce or eliminate liability to First Responders that administer NARCAN. Answer #2: Off topic, and because I'm extremely curious, what other topics are "heated" or controversial in the police community? I would think you all would be far more worried about using your service weapon on ANYONE than using a drug on an overdose patient. Or is that just a horse that's been beaten to death at this point?Answer #3: If they are trained on how to properly administer it, carry it, and when to use it - then all liability goes out the window.  Your training and experience should always back up what you do, all that you do, every time.  It's no different than a medic/EMT doing so because like you said, times are changing and the role of the peace officer isn't to just write tickets and harass teens who are smoking like it was in small towns 40 years ago.  This is a change that needs to happen and will be upheld in court whenever challenged because the time difference between when an officer arrives and can administer this versus a medic could easily be life or death.

edit: to add, any officer worth their badge shouldn't be afraid they could be sued for this when they could be sued for every action they make every day on the job.  That's a risk that comes with the job that should always be alleviated through training and experience.


Title: I got fired because a lawyer I consulted with was also my employer's lawyer and told them.

Question: To keep it short and sweet...I had an incident happen at work and my employer handled the situation very poorly. I felt like they had a legal obligation to handle the situation differently so I consulted with a lawyer(no fees exchanged). The lawyer told me I didnt have a case. I walk into work the next day and immediately get fired. I wasnt explicitly told why, but isnt this a breach of attorney/client privelage? I know I cant sue my former employer but what about the lawyer I consulted with?

Answer: How do you know the attorney told your employer?


Title: Discrimination against civil unions?

Question:
In my state, civil unions and marriages are identical in terms of state effects. Both are offered, but it’s a difference of name only, and in fact that identical nature was specifically formulated in the law legalizing gay marriage.

However, the federal government, while not issuing marriage licenses itself (a state level function) only recognizes “marriage” for certain federal purposes, but not “civil unions”...

[As an aside, I’ve heard the reason my state offers both is because some people don’t want to lose federal benefits that would be lost if they remarried...so they choose a civil union instead to still get the state-level protections (which are the “important” ones; inheritance, power of attorney, hospital visits, insurance, etc) without losing certain federal survivor benefits from a previous spouse, etc]

Now my same-sex life partner and I want to contract a civil union rather than a marriage based on our religious belief that “marriage” is more than just the civil institution (and is only between a man and a woman).

But the federal government would be denying us benefits even though we are in a legally identical institution...merely because we don’t want the label “marriage” due to all its extra-legal implications (including the religious).

To us it’s sort of like being a Quaker who wants to “Affirm” rather than “Swear.” Sure, in terms of civil legal effects they’re equivalent, identical in practical legal effect (which is all the law cares about in the end). But using the word “swear” has extra-legal religious and moral implications the Quakers don’t want to participate in.

Similarly, they’re denying benefits for no practical legal difference, merely because we refuse for religious reasons to sanction/participate in the application of a label to a civic institution that we are nevertheless part of in every practical legal way (just under a different name) since the two are identical in our state (and indeed designed to be identical).

Isn’t this religious discrimination? How is this any different than requiring a Quaker to “swear an oath” rather than “make an affirmation” to, for example, be able to take political office etc? How can the law treat two identical institutions (identical in terms of law, I mean) differently merely based on semantics, when those semantics have extra-legal religious implications that might be determinative in which label people want to enter the civil institution under?

Answer:
 So you want the federal government to call your marriage something other than a marriage because you have strongly held beliefs against a word that's been used to describe a civil union between two parties legally for decades if not centuries?

I mean, if you have infinite money and want to find a 1A lawyer who will take the case you can try to argue it. How far you'll get isn't something we can guess.

Regarding you saying that these are identical legal terms; they clearly are not, as they provide different rights, despite the intention of the civil union.


Title: If I purposely disappeared. Would I get into legal trouble?

Question: I am an adult in the US (Oklahoma), and I want to start over in another country. Please only honest answers.

Answer: It's legal, but there's no law protecting your anonymity or stopping people from making efforts to find you. If you disappear thoroughly enough and for a sufficient number of years, you may also find yourself declared legally dead in your absence, which will _seriously_ complicate your life.


Title: [MI] [US] Is it legal for my employer to have a "no firearms in vehicles on company property" policy and to enforce the policy by termination of employment?

Question:
Let me start by saying that I am not a "gun nut." I live in a bad part of town, have my CPL, and carry my firearm on my person, but place in a lockbox (which is itself in the trunk) when I'm not able to carry it.

Today I learned that my company has a policy which states that it is illegal to possess a firearm on company property, either on your person or in your vehicle, including firearms that are secured (such as in a lockbox). I have also learned my company is so strict about this policy that they have our security company (3rd party) sweep the parking lot with a K-9 unit once a month. I have not witnessed this, but the story goes that if the dog indicates on your vehicle, you can (and will) be immediately terminated.

I was never verbally told about this when I was hired and I'm not sure if it's in any of the paperwork I signed (I haven't been able to get copies of the paperwork yet). I don't want to rock the boat, I just want to know what my rights are and what my company's rights are.

Answer: Don't leave a gun in your car, it's one of the most common ways to have it stolen, and then there is a criminal who now has a gun.Answer #2: They can make a gun policy and fire you for breaking it in the same way they can fire you for having fuzzy dice hanging from the mirror, a Creed sticker on the bumper, or a box of tic tacs in the glove box. They are not trying to take your property from you, and they are are not taking action against you related to a protected class. Keep your gun at home and take a self defense class, park offsite, or find a different job.


Title: my friend wants to put a file that can 3D print guns on USB's and hand them out at his school

Question: [deleted]

Answer:
 > a non-copyrighted file

So, a computer file created before 1929? If so, he should consider a career as an archivist: he's stumbled on a very valuable cultural artefact!

More seriously, the school can and will discipline him for this, potentially including expulsion. "Trafficking in weapons" is on most provinces' lists of reasons students may be expelled. Schools in Canada have a legal obligation to provide a safe, non-disruptive learning environment, and students passing around firearms blueprints runs directly counter to that.

Depending on how old your friend is and on whether he or anyone else actually prints a firearm from the designs he's planning to distribute, he may also face criminal charges. Legal possession of a firearm in Canada requires a license. Edit: u/lawnerdcanada has an [opposing perspective](https://www.reddit.com/r/legaladvice/comments/587q74/my_friend_wants_to_put_a_file_that_can_3d_print/d8y60wo) and a pretty solid rationale. Consider that carefully.

If he's serious about this project, he should talk to his prof/teacher, first, and work with them.


Title: Is it considered stealing for a cashier to exchange money from their pocket for money in the drawer? Even in equal quantities?

Question:
Like, let’s say a customer comes in with a Susan B Anthony dollar coin or some rare penny and the cashier exchanges that SBA dollar for a dollar bill or 4 quarters or a rare penny for a regular penny...is that technically stealing?

I swear I remember reading about this on this sub or LA but can’t find it again. Anyway, might as well start a new discussion here and get the answers. Thanks!

Answer:
 This is the kind of discussion that goes better by just talking to the boss before it happens. "Do you mind if I keep the occasional coin for my collection" is a better starting point than "Hey why are you taking coins from the cash register?" Answer #2: Definitely check with management. Some places have rules that you are not allowed to conduct your own transactions, so even if it's not stealing, you might still be violating store policy by exchanging money with no approval and no witnesses. And if you're seen by someone or caught on camera, you won't have anyone to verify that you were exchanging for equal legal value.Answer #3: IANAL. I think if the business was justly compensated for their product, there shouldn't be a problem.

For instance, if a customer pays for a $1 hamburger with 20 buffalo nickles, the business is entitled to $1. I think if the government put out a nickel as legal tender that was worth 5 cents then it is worth 5 cents for eternity in the eyes of the law. I don't know if that's the law, it's just my opinion.


Title: [OH] Fired for responding to phishing scam/unemployment eligibility

Question:
I pretty much screwed the pooch at work, busy day, boss was off.  I responded to a request to send her pdf's of our w2's.  It was just a quick email and poof I was fired.  They allowed me to "resign" and said they would not dispute unemployment claim.  It was a mistake, not malicious, and I feel lower than low.

I filed and unemployment keeps asking more and more questions about what happened.  If my employer doesn't fight the claim, can I still be denied benefits by the state?

Answer:
 What the hell were you thinking?  Do you have any idea how many people you have put at risk?   How can you have access to W2s and not be aware of this scam which has been going on for at least 2 years now????

  No you will probably not be denied unemployment for one single **terrible inexcuseable** lapse in judgement.


Title: Sold on Craigslist buyer demands refund. Advice would be greatly appreciated.

Question:
I very recently sold a razer black widow keyboard on Craigslist in Austin Texas to some guy. Before I even posted the ad I thoroughly checked every switch/key worked as well as the macro keys an the audio/mic ports and the Ian port. Everything worked perfectly. My ad on Craigslist read like this:

"I have a lightly used Razer Blackwidow ultimate in great condition. I hardly use my computer anymore and have decided to part out all the components including the keyboard. It has blue switches and feels really nice to use."

I asked $50 for it. After texting an interested buyer The guy meets me at my buddy's place and I show him the keyboard. He takes a look at it and gives me the cash. I asked if he wanted to test it out and he declined.

Now, 24+ hours later the guy texts me aaying that I told him it was in perfect condition ( which it was but i never actually used those words) but there is a problem with the space bar. He dammandes hus money back as well as stating he will be coming over tomorrow to get it.

What do I do? I am 100% confident that there was nothing at all wrong with this keyboard when he walked out the door. I have sold many things in Craigslist annum always honest about any faults with what I'm selling an ive never had a problem. As it was late when he texted me I still have not replied.

Any input/advice would be greatly appreciated.

Tl:dr
Sold fully functional keyboard thoroughly checked by me. Buyer claims 24+ hours later there is a faulty key and demands his money back.

Answer: You sold it as-is. You offered him to check it over. You had no prior knowledge of an issue. Tell him buyer beware and move on.


Title: Minnesota: My manager recently bought a coffee maker for the store using credit card tip money.

Question:
I work as an insider at a large pizza chain. My manager announced a couple weeks ago that the store had some extra money and she took suggestions on what to spend the money on and then people 'voted' on what they wanted. I never saw any vote totals and people voted by putting a checkmark next to the item they wanted, nothing stopped people from putting checkmarks all over the thing but I digress. I found out a few days ago that the 'extra money' was actually tips from credit card payments on carryout orders. I think this money should be divided evenly among the inside staff.

Did my manager do anything illegal here, if so, what can I do about it?

Answer:
 Not sure of the specifics of Minnesota law, but I can't imagine they'd be broadly different from the law generally: tips are tips, no matter how given, and if it comes in as a tip, a manager or an owner generally cannot appropriate that money for the business, since it's part of the employee's wages. If these are tips left on the tip line of the credit card receipts, then yeah, I'd imagine the owner has done wrong.

For a more specific answer, and to get the wheels going on things, get in touch with Minnesota's Department of Labor and Industry. I believe they can both confirm that what the pizza chain did was wrong, as well as investigate the wage theft. http://www.dli.mn.gov/Answer #2: [I think these types of tips would fall under this category:](https://www.dli.mn.gov/LS/Pdf/tips.pdf)
> When more than one direct service employee provides direct service to a customer in a given
> situation such as banquets, money presented by customers as a gratuity and divided among the
> direct service employees is not a violation of Minnesota tip laws.

So the owner has some leeway in that they can force the tips to be pooled, whether you like it or not. However, unless they gave you an option for, "None of the above, I'll just take my share of the cash" -- then that was an inappropriate use of the tip pool.

As a side note, I order takeout from a MN pizza place pretty regularly (it's a local chain in the cities) and I always give a 15% tip on takeout orders. I'd be kind of annoyed if I learned that the money wasn't actually going to the employees.


Title: [NM] My son has allergy of tomatoes. We visited a fast food joint yesterday. Even after telling them not to add any tomatoes, the food had tomatoes and my son had allergy attack due to it. We went to ER and now he is fine. Can we take any action against them?

Answer:
 My personal view is that if you have a child who has a tomato allergy you don't eat out since tomatoes are so common it would be hard to avoid them. Even a surface that had previously had tomatoes on them could contaminate other product.

I'm really sorry your son went through this but I do feel you need to be rather more proactive that you appear to have been. Did you check the food before he ate it? I would have, but even then, as I said, tomatoes could be present without you actually seeing them.Answer #2: Did you check the food? Mistakes happen. It is a fast food joint. Not somewhere most people with allergies go.

You can call their corporate and see if they will help with any bills but I doubt you have legal options. Answer #3: I'm glad he's ok. But you need to be checking his food if he can't do it for himself. (and should probably be double checking anyway)


Title: (FL) Employer wants me to pay car insurance for company's work vehicle.

Question: [deleted]

Answer:
 If you left your previous job on good terms, hit up your old boss and see if he'd be willing you to bring you back on.  Answer #2: Is driving a part of your job? What are the company cars used for? If not, would they allow you to drive your own car on the odd occasion that you may need a vehicle?

Answer #3: Have you asked whether you could forego the "perk" of a company car and just continue to use your own vehicle?Answer #4: Until you got to the DUI part I thought your employer was being unreasonable.

I think your best bet here is to try to negotiate with your employer. You weren't aware that company vehicles would be part of this job, and you didn't hide anything from them during the hiring process. And the expense is difficult for you to bear. So ask him/her if (1) there is anything they can do to lower insurance premiums, like an ignition interlock device or a dash cam, and (2) if he/she would be able to offer you additional work hours so you can offset the additional, unexpected expense.


Title: Southern Illinois. My mother just asked me to write up her court motion for her. I have 0 clue what I'm doing.

Question: [deleted]

Answer: Don't. You could be engaging in the unauthorized practice of law or seriously messing something up


Title: I (16M) don't get breaks at my work in Colorado.

Question:
I work the go karts at an amusement park  esque establishment (mini golf, go karts, batting cages, arcade, laser tag, etc). Everyone gets breaks except for the people working go karts.

I normally work 8 hour shifts with two other people but at go karts we just "don't get shifts".

I have only talked to coworkers about it but not managers or my boss yet. They accept it however it bothers me because even if I bring food I never get the time to eat it with a nonstop go kart line.

Is this legal? What should I do?

Answer: Your state have break and lunch laws. [See here](http://www.nolo.com/legal-encyclopedia/colorado-law-meal-rest-breaks.html). You can find a complaint with the labor board.


Title: Can I start an LLC for my wedding?

Question: I'm not sure if this is the right place to ask this, but I have a question regarding my upcoming wedding. My fiance's parents are (apparently) a paranoid and worrisome lot. They just told us they don't think we should have any hard alcohol at the reception, and a limited amount of beer and wine. The logic is that if any guests get too drunk and hurt themselves, they might try to sue us. My fiance and I both think this is ridiculous, but since her parents are paying for a lot of the wedding, it's hard to argue with them. I'm wondering if it is possible to form an LLC for an event like a wedding to protect yourself from the aforementioned event? I feel like something like this could help put her parents' minds at ease. We live in Colorado but the wedding is taking place in Georgia.

Answer: Hite a professional bartender/company and they'll have insurance. You can also get event insurance. But starting a LLC for this is ridiculous.Answer #2: It would be much cheaper, and far more logical, to buy an event insurance policy, and give your bartenders instructions on when to stop serving people.


Title: (Indiana) Friend left damaged car on a company lot with permission. It was removed from the lot and flipped with a forklift.

Question:
A close friend recently had two tires blow out on the highway out of town (fifteen minutes from home). They pulled into a lot and asked management of the building if they could leave the car for a few days until they could come back and get two new tires, as payday was the next day and they couldn't afford a tow.

Upon returning today (morning of the third day), they found the car flipped several times (the roof was caved in, and the mirrors were all snapped off), sitting adjacent to the lot, near a drainage ditch. The lot had no "No Parking" signs in it, there were no dotted lines or trade lanes (trucks etc) and of course, they had permission from management.

A passerby who worked at a nearby establishment approached them and said they recorded a video of what happened to the car: "About five or six guys rode a forklift out and flipped it out of the lot. It wound up right-side-up on accident, trust me." They're going to follow up tomorrow and get a copy of the recording/talk to the guy.

They approached management who basically said that it wasn't their problem, and gave the following story:

"A member of our staff saw the car and we called the police to report it stolen." He never admitted to moving the car from the lot.

Unsure where to go from here. The car isn't totalled, but it's not drivable (with no rear-view mirrors and a massively cracked windshield).

Answer:
 Start by calling your insurance company, and they will contact the property owner's insurance company. Answer #2: I believe it is required that you obtain and promptly post the video here and in /r/osha

You know. For legal purposes.Answer #3: Call the police about the vandalism then sue the property owner or call your insurance.Answer #4: If you can get ahold of that video there's a decent chance it will be possible to identify someone in the video -- or perhaps simply the owner of the forklift. At this point you (or your auto insurance company if you have comprehensive coverage) can sue them for the cost of the repairs on your car -- or in all likelihood for a new car since the cost of repairs may well be more than the value of the car.

Perhaps because they gave permission to leave it there they were not entitled to tow the car. But even without permission to park they had no right to destroy it with a forklift!


Title: Charlotte, NC I've been storing a vehicle for a friend for over a year.

Question:
So I'll try and make this as short as possible. A little over a year ago a good friend of mine fell on hard times. He lost his job and was getting evicted. I helped him move his belongings to storage, but he had a wrecked BMW M5 that he couldn't afford the storage space for. He asked if I could possibly store it for him for a while. I had the space so I didn't take anytime to think about it, my first mistake, and told him yes.

Fast forward to about two months ago, it had been almost a full calender year since he first dropped it at my house. I messaged him asking him to make other arrangements for his car. He said he would, thanked me for allowing him to store it free of charge, and apologized for asking me to store it so long. Over the next couple weeks I got a few calls from him saying he was trying to work out the details, he'd come get it soon.

Is been almost two months since I asked him to make other arrangements and I haven't heard from him in weeks.

I guess my question is how long am I legally obligated to store his car? Did I screw myself by just agreeing to store it? Also what can I do moving forward to get rid of it?

Thanks in advance for any advice.

Answer:
 Send him a letter - certified mail with return receipt, staple the receipt to a copy of the letter for your own files - stating that he has 30 days to move his car or you will have it towed.

If it's still there on day 31, call the police non-emergency line and ask if they'll tow it. Otherwise, call a tow company.

[Useful information about NC laws](http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_153A/GS_153A-132.pdf). It looks like abandoned and junked vehicles left on private property _can_ be towed by the county, given an appropriate request by the owner or tenant on the property.


Title: Ex-Girlfriend Causing Havoc Help me please!

Question:
So to start off, I live in Northern Ireland or the United kingdom; Either work. whilst in a relationship I lent her a computer, TV, a bundle of cables. She has alot of my possessions such as clothes etc. She has all of these inside her mothers house.

The reason we broke up is because she threatened to lie to the police to prevent my brother from joining the forces. (making sure he has a criminal record). Then she deleted me off facebook, keep unblocking and blocking me so she can send ME messages, and I CANT send any to her. These are always taunts & threats. i know for a fact she has drugs in her room and may or may not be selling them, she joked around and said she got a lot of money somehow, (I saw the drugs so I know they exist). Her mother is also a raging alchoholic, so no matter what if I go down she will 90% of the time be drunk, and shes incredibly violent. I had to let my gf now ex, live in my house for 4 months, as her mother nearly put her in hospital.  Her mother has also grabbed me, pulled my hair and threatened me.

All I want is my stuff back & to have her out of my life. What grounds do I have if I contact the police?

Also what happens if she damages any of my items whilst inside her home?
Topic:
Douche

Answer:
 Ask yourself if the things you could get back are actually worth continuing to deal with her.Answer #2: 1.  Block her on Facebook and other social media.

2.  Block her number.

3.  See if you can get a sheriff to help you get your stuff back from her house.  (And "she owns a lot of my possessions" is incorrect, I assume you mean "a lot of my possessions are under her control, but I still own them.")


Title: Is this a case of extortion? (N.S. Can)

Question: A legitimate post of fb yesterday requesting money, a women's dog got hit by a car, it ended up with a concussion. The bill for stabilizing it, xrays and fluids cost approx 700.00. She was requesting financial assistance because she stated that if she was unable to pay the full bill by 9pm the next day they would not allow her dog to go home. They would instead transfer it to another facility for kenneling where they charge a higher daily rate daily until the bill was full, then she could collect the dog. Thankfully donations were made to the vet, and a rescue that helps people cover costs for medical topped it up, and the bill was paid in full. The dog is now at home. I can't fathom that a vet can threaten to hold a dog hostage until a bill is paid in full. Isn't this extortion?

Answer: No. A dog is property and can be held in lieu of payment as collateral.


Title: OR- Can a Statutory Rape charge be dropped after the victim turns 18?

Question:
I have a buddy who is dating a girl. This girl was accused and charged with Statutory Rape 3 and sodomy. Class C. (yeah....don't get me started on his choice of women) Apparently, it was "consensual" and they were friends, the mom found out about said rape, between his GF (who was 20 at the time) and the moms daughter (who was 14 at the time)
Anyways, I had concern about my daughter playing at his house if she was there, since she is a registered sex offender. I realize she wasn't a danger to my daughter, but still, a nosy neighbor sees my daughter playing at the house of a sex offender (who has an offense against a minor female) calls the authorities, and now I'm underninvestigation for endangering my child.
His GF (and her "victim") claim, that when she turns 18 (in 2 years) She's going to go down and drop the charges. Clearing his GF of all legal ties, stops probatoon and no longer has to report as a sex offender, because it won't be on her record.
This sounds rather fishy to me. And I'm thinking that's not entirely true. Am I wrong?

TL;DR : What are the Oregon State (Yamhill County) laws, concerning a victim, turning 18, and dropping the charges of their offender?

Answer:
 > His GF (and her "victim") claim, that when she turns 18 (in 2 years) She's going to go down and drop the charges. Clearing his GF of all legal ties, stops probatoon and no longer has to report as a sex offender, because it won't be on her record.

You're not asking if the "charges can be dropped". You're asking if the victim of a crime can erase a conviction and all of the consequences that flow from it. And the answer to that question is no.


Title: Got caught shoplifting at a major grocery store, cops say their filing charges.

Question: First of all, i'm a minor in high school. Just wondering what I should expect. Do I need a lawyer? What consequences do you think i'm facing? I only stole about $20 worth of food.

Answer:
 You should tell your parents. A lawyer can certainly help. If this is a first offence hopefully you can get into a diversion program leaving you with no criminal charge.

Trying to minimize the crime due to value won't garner sympathy here and certainly not in court. The crime is theft, in most states it doesn't matter if it's $.05 or $500, it's treated the same.


Title: Got a speeding ticket in Seattle that has turned into an arrest warrant for my sister

Question:
Channeling 2008: I lived in Seattle for a very short 10 months. In that time I had my purse stolen and was pulled over for speeding (mistaken a road for an onramp). The car I was driving was registered under my sister's name and seeing as I didn't have my license I handed the officer my birth certificate. Our birthdays are 2 days apart and our names are similar. I received the ticket in the mail several weeks later and contacted the courts to say the ticket was under the wrong name so they said they would correct it. Another several weeks later a summons came for both me and my sister to appear in court. My sister lived in a different state. By this time I had the notion to leave the state before the court date.

Out of site out of mind. I looked up the ticket and it went to collections. OK. Looked up my sister's name and there's a warrant out for her arrest. Shit.

I'm perfectly happy paying the ticket as I was in the wrong, I was also eligible for traffic school. The problem is now clearing the warrant.

What steps need to be taken to clear the warrant? I don't want to take another misstep to put it further into trouble.

any advice or guidance will help

update: it was just a failure to appear warrant that acts against your license. Apparently if you pay the collections the warrant is removed. Hasn't shown up on her credit history.

Answer:
 Your sister should get an attorney who can help her go about surrendering to the warrant. She may want to mention her idiot sibling who took advantage of her kindness in loaning her use of a car to break the law, not tell her about a court date, and then flee the jurisdiction causing all of these problems. Answer #2: > By this time I had the notion to leave the state before the court date.

You suck.

At this point your sister needs to consult a lawyer, and basically throw herself on the mercy of the court because she has a moron for a sister.Answer #3: Why didn't you pay the ticket before the court date or before it went to collections? Ianal, just curious.


Title: Friend’s baby mama cheating system, can it be reported?

Question: Friend is in custody battle with baby mama who receives child support as well as under the table child support to fund her needs. She is also on govt assistance even though she brags about her bf making decent money and maintains a job herself. Hardly any legal action has been done as friend doesn’t have funds and is essentially afraid of baby mama withholding visitation or threatening to move away with child and bf. She is an unfit parent, but there isn’t enough physical evidence to prove it. Is there anything that can be done?

Answer: What is "under the table" child support? And people can have jobs and still receive government assistance. Answer #2: It's not her bf's responsibility to take care of the kids, if he contributes then that's great, but he doesn't have to do that


Title: Was accused of using a counterfeit $20 bill

Question:
A few months ago I had ran a few casual errands  and because I lost my debit card, I was using cash. I had been to 4 stores that day and the last place I went to was a beauty store where I bought makeup. A couple days later I get a call from a detective who says they have me on video from the beauty store where I apparently used a counterfeit $20 bill and that it was obvious that I knew it was counterfeit because I had a stack of money and the replaced one of the $20s I had a the supposed counterfeit. I want to make it clear that I had absolutely no knowledge of the fact the bill was a counterfeit if I was indeed the person who used it. We called our lawyer and then I never heard from them again. Until today. Apparently he has paperwork and I’ve been served. What now?
Topic:
Criminal Law

Answer: If you already have a lawyer then get back in touch with them and follow their advice.


Title: named as suspect in sexual assault case. never contacted by police. case was allegedly filed four years ago

Question:
CA, USA

Why have I never been contacted by the police? Why is the case still open?

4 years ago I broke up with my ex. At that time, she said (via text) she would spread a rumor that I was a rapist. Nothing in our relationship that could ever be construed as assault of any kind happened. Her threat of a rumor came in the context of a heated post-relationship text battle in which I told her to kill herself (she had made two prior attempts years before we started dating.) Never had there been a discussion of any questions of consent. In fact, she was the only one who ever initiated a non consensual sexual act. She put my penis in her anus one time without specifying that this was what she was doing.

Anyway, after we broke up, she started emailing my employer and other folks with these allegations. My employer never confronted me about it, nor has anyone else except for one individual (not related to my employer: see below). How do I know that my employer was contacted? When we were dating my ex was in an accident. When I was taking care of her, she gave me her email password so I could take care of a few things for her. After we broke up, I was tempted to look at her email and found that she had been emailing folks to tell them that I was a sexually violent person. After some time had passed after her initial emails (and after I stopped reading them), I asked my employer if they had heard any rumors. They had. However, they never confronted me about it because the way she wrote to them suggested an intent to defame rather than to report a crime. I realize it may have made them think that I was contacted by the police at some point, but I just made my conversations with them about what this actually is: there is a rumor around town and I want to know what you've heard.

Anyway, I left the country in the fall of 2014 for professional reasons that were planned for several years before that and returned this past fall also for professional reasons.

Everything was fine until this spring, when a few public events I was planning were cancelled. The first two were cancelled with no reason given. For this particular kind of event, there is often no reason given for cancellations as is the case often in show-business. Anyway, the third venue specified that he had been told not to book me and was given these allegations as the reason. He didn't want to take sides, but since people were harassing him, he just caved. He did however explain that the source of the controversy was a facebook post that my ex made that alleged that she had "filed charges" against me in 2013 for rape and physical abuse. The facebook post and related posts were deleted, but a common friend between her and I was kind enough to send me a screenshot of her original post, which had been shared by another FB user but had not yet been removed.

Again, I have never been contacted by the police. I consulted a friend who is a lawyer who recommended that I submit a public records request to see if she had filed a police report. My request for records was denied on the grounds that there was a pending/open/in-appeal case, but the denial letter also stated that the records were not being given to me because records cannot be given to suspects or arrestees.

How is it that they didn't find me? Or question me? Why is the case still open?

I haven't always kept my address up to date with the DMV - nothing intentional, just laziness. I have always been a registered voter, however. I also just re-registered my car in the state. Surely they must have some way of finding people, right? Do they go to your place of work if they can't reach you at home? How much are employers required to comply? My employer is a large public institution run by the state.

Other info:

Related to her bike accident, I had also cooperated in a police investigation to prosecute the hit-and-run driver. There was no mention of sexual assault at that time of course.

The fall after we broke up, I attended an event and my ex was present. I did not know that she would be, but it was not improbable. In any event, I was there for the event itself as it was a good friend from my childhood who was the main attraction. Anyway, after the first hour of the event, she came up right behind me and whispered something in my ear. I was scared of that so I just ran as fast as I could, right out of the building and pretty much the whole way home. This event was seen by many in our community. I don't know what opinion they have of the event.

My wife (a pillar of calm and wisdom through this) called a local counseling service for victims of sexual assault to get some information/perspective. She told the respondent that people had been saying her husband was sexually violent. The respondent ran her through many questions about my behavior, all of which continued to point to the view that my wife is in no danger and that I have not (likely) been a past offender. She also asked if anyone had ever tried to "warn" her about me: no. She said that while she has often been frustrated with the local police in their processing of these cases, she has never heard of a case being filed 4 years ago, never being closed, and the suspect never being questioned. Both she and her supervisor were baffled by this situation. Moreover, they were also perplexed as to why my ex never tried to file a restraining order. (This is something she also claims to have done in her emails.)

Why did the police never contact me? Will they? Of course when they come I know that I should not answer any questions without a lawyer present, and that's IF I answer any questions at all. How do they normally go about finding people? Shouldn't they have been able to find me since they already had contacted me about the hit-and-run case? Why is the case open?

Again, how can I move this whole matter towards resolution? I would like my name cleared, both in public opinion and public records.

Thanks for your assistance.

Answer:
 > How is it that they didn't find me? Or question me? Why is the case still open?

Because they didn't care to pursue it.  That happens to lots and lots of cases.  It's likely open solely because they didn't get around to closing it.


Title: Not sure if what boss asked me is legal (kinda urgent)

Question:
I work at a sub shop in GA. I'm a manager. My boss told me not to give a kid his paycheck until he talks to the boss. The kid quit in the middle of a shift a week ago. Told everyone he was going on break but left a note saying he quit. I'm not sure if he did anything illegal or wrong.

What do I do when he comes to pick up his check? Do I listen to my boss or does the law say give him his check?

I need to know asap as he'll probably be in later today

Answer:
 Give the paycheck to the boss, then tell the kid that the boss has the paycheck.  Problem solved.

You're not personally liable to the kid for doing what the boss tells you to do, but the shop isn't allowed to withhold pay, and the kid could (in theory) sue the shop for doing so.

Could she fire you for giving it to him?  Sure.


Title: I recieved the $1200 stimulus check. I'm not a US resident nor in the US

Question:
I was in the US  from december to march working in Maryland as part of an international exchange program. I have SSN and payed taxes for that period  of time, but I went back to my country just before the coronavirus pandemic got bad.

I know some of the people I worked with, who were in the same program ( none of us US residents) got the stumulus check  and used the money. What happens if i get it deposited on my account? How do I return that money? Will I get in trouble with the IRS?

Answer: If you received this, there is a good chance that you filed your taxes incorrectly. In all likelihood you were a non-resident alien for tax purposes and should have filed form 1040NR, but if you used turbotax or some other software and filed form 1040EZ, then you filed incorrectly, which is why you received the money now. If that's the case, you should probably file a 1040X to amend your taxes for that year, and stick that money into a savings account until you figure out if/how they are going to collect it back.Answer #2: Lol. Dependants aren't "eligible" though


Title: Coffee shop owner is stealing tips regularly, not sure what options we have because the tips are off the record. [NM]

Question:
Hi everyone.

I have been working at this coffee shop/Cafe for about a year now. In this year there have been multiple instances of significant tips going missing, either from our jar that sits out or the bag where we keep the tips before they're distributed at the end of the week. Tips are totally "off the record" and we aren't supposed to claim them on our taxes (I still did, because tax fraud) or talk about them to anyone.

The only person present for every single instance of tips going missing has been the owner, and we've had significant staff turnover since I started so we're all 100% sure it's him. He always blames us or the customers when the money goes missing, once he even made a big fuss about "checking" the security footage (there are cameras everywhere, including one directly pointed at the register) but he said he'd have to do it later, and obviously, it never happened.

We're doing all we can to track our tips down to the penny so that we can take any missing amount out of the register (he does not count the drawer, and the few times he's let us make up the money he told us to just take it out of the register.) Obviously I'm assuming the fact that our tips are illegal must limit our power, but I'm wondering if there's anything we can do about this. I would like everything about this job to be above board, but we do have perks like that we get paid a full minimum wage on top of tips, rather than a waitress wage. Most of my coworkers are too scared to lose their jobs, as they are all below the poverty line and can't afford to.

I don't want to cost anyone their job, I'm just looking for some advice for what power we might have in this situation and how we might go about reporting this, if that's a good idea.

Thank you.

Answer:
 Sounds like a perfect time to find a new job.

NAL


Title: A lesbian couple wants to use me as a sperm donor. What do I need to to to make sure I have no responsibility for the child?

Question: Basically what the title says. I'm going to be helping them get pregnant but I want to know what I need to do to make sure that I have zero responsibility for the child.

Answer: This isn't DIY territory. Use a clinicAnswer #2: Go to a clinic and donate that way.  Absent that you are the legal father and can be liable for support.Answer #3: Go through a fertility clinic. There’s no way to diy this.


Title: Working on a project. Almost to prototype phase. Patent probably possible. NDA for the trades needed to build?

Question:
To be vague, for the prototype I need a welder and pipe fitter. I have the design all marked up and optimized already. I know and have all the materials (minus welding filler). I have started my patent search to see if anything existed like this already, and haven't found anything so far.

So my couple of questions...

The patent office says you can personally file for patents with no attorney and they will help; any general advice of what to do or look for?

I marked up a general NDA based on things I have seen online. Do I need a more professional NDA from an attorney for any reason? Also, do I need any other contract in place for the welder if I don't want him suing if/when the project takes off saying that he was a part of the design?

A friend mentioned I should make an LLC and work everything (including project builds and contracts) under the LLC. Is this something I should take more seriously?

Answer:
 You can file your own patent application.  There are plenty of guides available online detailing how to write and prosecute an application through the USPTO.  I'd suggest hiring a patent attorney if your company is going to rely on this patent.

You should have an employment or independent contractor agreement with anyone you hire.  The agreement should have both non-disclosure and assignment clauses for any intellectual property developed during the period of employment.

If this is a substantial amount of money and you're considering going into business with this invention then you should definitely consider forming some sort of limited liability entity.

Standard advice I give to clients: a patent is not valuable by itself.  It is an investment in developing a new product.  If you're not going to sell the product yourself then you had better be damn sure you have a buyer for the patent before you spend the $10k+ it will cost you to obtain the patent.

The USPTO has a 1 year grace period once you disclose or begin selling the invention.  If you're primarily going to be doing business in the US I'd suggest forming a company and trying to make and sell your invention before you spend the money on a patent.


Title: Abusive ex boyfriend keeps sending me letters from jail even after I called the institution asking him to stop - Maryland

Question: My boyfriend and I dated for not that long before I broke it off with him. He was incredibly emotionally abusive (tracking my phone, yelling at me whenever I did anything he didn't agree with, stole my car once to drive it to New Jersey etc.) and as you can imagine I was relieved when he was out of my life and moved back to New Jersey so I was finally able to block him on everything. After he left I was receiving about 2-3 phone calls a day from a number I didn't know, which I later figured out was him trying to call me from jail. When the phone calls stopped I started receiving letters which were incredibly unwelcome and I'm genuinely terrified he's going to come back into my life when he gets out. I called the facility where he is and they said they couldn't really do anything to stop him other than talk to him even though this is quickly turning into a stalking situation. Do I have any legal grounds in my state to file a restraining order of any kind, or is there any way I can make sure he can't contact me. Thank you so much in advance.

Answer:
 I hate how everyone is just saying "don't read it". "Return it" like it isn't that simple. You're fearful of a man who was abusive towards you. It isn't that simple to just ignore it, especially when you receive the letter a wave of emotions surface. You can try getting an order of protection due to the fact that he was abusive. It isn't definite but it's worth something. Or you can write a letter back stating if he responds to the letter or calls or sends anything to you you'll have no other choice but to involve law enforcement which could get him more jail time. Kinda scare him into leaving you alone. I'm sorry everyone else is so inconsiderate to your situation. Answer #2: Are the letters threatening?

Have you talked to your local postmaster? They may be able to help you.


Title: Ontario Canada Photo Studio not allowing service animals

Question:
I work in tech support at the corporate office for a company that runs hundreds of photo studios in Canada. Yesterday I overheard an exchange between a potential customer and one of the associates.

The customer has a service dog and the manager wouldn't let the customer in because the store does not allow animals.

The way it was explained is that most of our business is photographing children and we are protecting against allergies etc...

The customer made all sorts of threats about suing.
Is what my company did illegal? I understand it doesn't look good on us and I could tell the associate honestly felt bad about turning someone with a service animal away but she was protecting her job.

Edit: [Update](http://us.reddit.com/r/legaladvice/comments/3175i1/update_store_not_allowing_service_dogs/)

Answer: Was the animal a service animal or emotional support animal? If it was a service animal, it could be problematic to deny entry. If it was an emotional support animal, those are not required to be allowed in businesses unless it's for housing purposes.Answer #2: I will just go ahead and assume that your organization isn't complying with the [Ontario accessibility law deadlines] (https://www.ontario.ca/business-and-economy/accessibility-laws-deadlines#2015) because if they were then all employees would have had to go through the online training module at a minimum. The TL;DR is that they are allowed in all places open to the public except in cases where the law prohibits them (e.g.: a service animal would not be allowed in the kitchen of a cooking school). If this is the case, another way must be provided for the person to access your goods and services.


Title: Car dealership lost a form I signed. I want to exact petty revenge for their terrible customer service.

Question:
Had a terrible experience with a car dealership when I took my car in for repairs/maintenance. They were incompetent, inefficient, and rude to the point of being insulting.

I’ve had my car back for about a week. But I just got a call from the dealership saying that they lost the form that I signed that authorized the dealership to get paid by the warranty company. They acknowledged that I signed it and that it’s their fault they lost it. They want me to come back and sign it so that they can be paid by the warranty company. I held back my laughter and told them that I’d stop by when I could.

Do I have any obligation to sign this form? Or can I let the dealership stew in their own karma?

Answer:
 The dealership is going to get paid.  If they can't get paid out of warranty, they'll go after you.

Your petty revenge is going to come at the cost of your credit score when they inevitably bill you, then send you to collections.

So, it's not the dealership's karma.  If you don't resubmit the form to allow your warranty to cover the repairs, then you'll have to pay for the work out of your own pocket.


Title: Accidentally scraped against another students car this morning while they were in the building. What could happen now?

Question:
Was turning in but I took it too close and ended up scraping against their car. There is a mark on their car, but not super noticeable. School administrators were outside but did not seem to notice either. We are still in school right now.

What could happen now? I'm insured, so if anything happens, do I just exchange insurance? How much might I have to pay in damages?

Answer:
 So you fled the scene of an accident and did not leave any info? That was a bad idea. Most campus' have cameras. So... you may get visited by the policeAnswer #2: >What could happen now?

You pay to fix it.

>I'm insured, so if anything happens, do I just exchange insurance?

"If anything happens" implies that you don't plan to inform the other owner. You should; you damaged their vehicle and you are responsible to fix it. And yes, you would exchange insurance, though you could offer to pay out of pocket.

>How much might I have to pay in damages?

There is no data here at all with which to determine that.Answer #3: Knowing where you are is a big part of this.

Some jurisdictions require you to notify your insurance in the case of any collision, others don't.

The right thing to do would be to ask the school to help you find out whose car that was, or leave a note with your contact info on it. You're liable to put right the damage you caused, but nothing more. It might not be worth going through your insurance.


Title: My moms trying to kick me out. PLEASE HELP (Kansas)

Question: I’m 17 and I turn 18 in November. I’m in high school and have a car. No job but a lot of good references. My mom says she’s kicking me out once I turn 18 but I will still have a semester of school left. I can live with friends but I don’t think I’ll finish high school if I do. What do I do next. Can she even kick me out yet?  Any help is much appreciated.

Answer:
 at 18 you are an adult and your mother is not required to care for you. Yes she can kick you out with notice.. which she gave youAnswer #2: You should speak to a counselor at school and find out if there are resources available to help you find housing and complete your high school education.

You may also want to consider taking your GED exams as an alternative.  It won't prevent you from getting into a trade school or community college and won't impact your ability to get most jobs.


Title: [MO] Bridesmaid asked to not be in wedding; Bride offered to buyback dress; no response until 2.5 months later. Can bride be taken to small claims?

Question:
Backstory:

3 months ago, my fiancée (we'll call her Kay) asked a bridesmaid (we'll call her Em) to no longer be in our wedding.  They were going to be bridesmaids in each other's weddings but due to various issues, Kay decided they should bow out of each other's wedding.  At the end of the text message Kay sent, she offered to buyback the bridesmaid dress that Em purchased for our wedding. The intention was to give the dress to the replacement bridesmaid.  At the end of the message Kay said:

> I know you spent money on the dress for my wedding and I would be glad to buy it back from you and you can put that money toward your own wedding.

Three days went by and Em did not respond to Kay's message.  Kay followed up with this:

> Since you haven't responded to my message regarding our weddings, I assume you are okay with my suggestion.  Just needed to confirm that you are on board with that.

Because Kay never received a response, she moved forward with buying a new dress for the replacement bridesmaid.

Fast forward 10 weeks and Kay receives a text message from Em's stepmother:

> Hey I have the bridesmaids dress. Let me know where to meet u and pick up the money for it. Thanks!

Kay didn't respond, so stepmother sends me a message 4 days later asking where she can meet to give back the dress and pick up the money.  I didn't respond and 2 weeks later there's a note taped to the front door of my house saying to call her about the dress. This prompted me to finally respond, telling Em's stepmom that Em's lack of response implied that she was not accepting Kay's offer. Stepmom responded with some insults ands persists that she just wants the money. Em has also messaged me stating there was an "agreement" and it was "confirmed" by Kay's second message. In our eyes there was only ever an offer; nothing was ever agreed upon (when, where, amount) because Em still has not contacted Kay.

At this point the dress is no longer needed from Em and we would prefer to not buy it back, but Em and her stepmom are the type of people who would take this to small claims court, which leads me to my questions:

Does Em's lack of response constitute non-acceptance of the offer?  Would Em have a leg to stand on in small claims court if it comes to that, and if so, what can we do?

Also, what response should Kay and I give if the stepmom shows up at Kay's work or our house? I told Kay if either of those situations happen to audio or video record the encounter and to tell stepmom "Please leave, you're harassing me" or "Please leave, you're harassing me and trespassing on my property".

Thanks in advance for your advice!

TL;DR:  Bridesmaid asked to leave; bride offered to buyback dress; no response; new dress purchased; 2.5 months later bridesmaid now wants money for dress.

Answer: Kay should have followed up, giving her one last chance, and then revoked the offer. If this ended up in court she could try to argue that she never intended to leave the offer open for 10 weeks. That *might* work. But generally speaking you must revoke an offer if you put no constraints on it. (i.e. "let me know by Tuesday if you still want to buy the car.")


Title: Can video game skills be copyrighted?

Question:
>Death Coil: Causes the enemy target to run in horror for 3 sec and causes X Shadow damage. The caster gains 300% of the damage caused in health.

This is a skill from World of Warcraft, if I were to change it to:

>Mortal Coil: A bolt of horror that causes the enemy target to run in fear for 3 seconds and inflicts X Dark damage. Restores 300% of damage as health.

Would I be in trouble?  Assuming it were to function exactly the same, even cost the same amount of mana, etc.  ?

Answer:
 Statistical *facts* are not copyright protected, but *creative arrangements* of numbers are protected, so this could be illegal.

Also, it's still infringement or plagiarism even if you change some words. I recommend googling definitions of plagiarism.


Title: Sexually harassed in workplace 2 months a go... harasser no longer at company but lack of support from company since has led to me resigning. They're asking me to complete my 4 weeks notice - in what position am I in to reject this?

Question:
I was sexually harassed in the workplace a couple of months ago by an employee. I was very new to the company (a week). I let HR deal with it who suspended the harasser and he then quit subsequently. They decided to take an internal approach to dealing with it rather than turning to the police. At first, I was made out for this to be helping me, as going the police would be "too stressful" and "too much hassle". HR also said if i decided to report it to the police it would then stop the internal investigation meaning I would have to work with the harasser (basically coerced me into not going the police and letting themselves deal with it).

I thought everything went well at first. Harasser no longer at work and I was allowed a few days off just to get my head around it. But things turned sour. Since the incident, neither my manager or HR have followed up with me to support me or to make sure Im doing ok. I recently starting having nightmares where I would have flashbacks to that night. This caused me to be 30 mins late one day for work. My manager took me into the canteen (public space with staff going in and out) to find out why I was late. I explained my situation and that I was sorry but I had been having anxiety attacks and being sick for the past few hours after these horrible nightmares. I began getting emotional and crying while explaining this. People were coming in and out of the canteen and it really was an uncomfortable feeling. Manager could have at least took us somewhere private.

Then manager said that its not acceptable to be late at all, but if i needed time off then thats fine.

So i subsequently took the next two days off. On the second day I get a call from my manager saying "i just thought id let you know, were not longer paying you for your days off as you're still on probation". I understood this and did not argue, but for a manager to ring to tell their employee that - isn't that just manipulation? I was already having a pretty bad week dealing with things and then to be told oh by the way you're not getting paid either. It just felt a little threatening and not supportive at all.

After this conversation, I spoke to friends and they said you gotta leave. So I didn't go in the following week. I reported the incident to the police even though it was over a month later. I had spoke with my therapist who had basically told me I had been very well led into not going to the police by my employer and that i hadn't really thought about it myself  and what I wanted. which was true. So i reported the crime late at night on a monday and the police said someone would be round in the morning to take a statement. I sent a very professional message to my manager explaining everything and that I probably wouldn't make it in the next day as I was giving a statement. No reply.

By this point, I thought fuck this. I didn't turn up for the rest of the week. I had the investigation on my mind and my manager hadn't even bothered to reply or get in touch with me following me reporting to the police. I then get missed calls at the end of the week from my manager and HR. I then receive an email later that day saying they've been calling "all morning to check you're ok". Ok bullshit. These people never once cared before about my wellbeing - why would they now?

I simply reply to email saying i'm going through a police investigation and would appreciate not to be contacted at this time and that I would like to resign immediately as i do not feel comfortable in the workplace any more. I heard nothing of it until today, when I was emailed by someone else from HR, saying i've been absent for more than 5 working days and so require a doctor's note? She also began the email stating no police had been in contact, trying to make me out that I have been lying about the police investigation? Shen then went on to say that if I wanted to resign I would have to work 4 weeks notice.

I am completely baffled by the company's utter lack of respect of this matter. I am only in this situation due to one of their (now-former) colleagues. They cleaned up straight away with the matter and put it to bed. Not thinking about the repercussions it would have for me and then the total lack of care for my well being UNTIL I started taking (UNPAID) absences. I can understand in any normal situation, that you are required to complete the 4 weeks notice period. However, I've been through hell and back over these past couple of months, confused by my feelings and thoughts and how to proceed. I put my trust into the company at first for me to only find out they were covering their backs and providing minimal support for me. I do not feel comfortable one bit going back into that office, where most people know what happened due to gossiping, where the manager has showed no emotional support or even general support with my work. I was a very new employee with no training for the job. I received a total of 3 days training and then was left to complete the work myself every day from then on, including dealing with clients. This sent stress levels through the roof and no one there cared at all. I was invisible. I am still feeling hurt, lost, depressed, anxious and hopeless...suffering insomnia, getting frequent headaches and feeling down. My general and mental health was getting so bad that my friends and boyfriend told me I needed to leave that place quick. I do not want to go back for 4 weeks... do I have a valid case for not completing this due to my experience and how I am feeling and how the company have treated me?

Answer:
 This sounds like the real world to me. You should just not show up, that company would probably be better off without you. They probably won’t give you a recommendation as you seem like a pain in the ass employee. Answer #2: All that and no location but if you're in the US you're very mistaken about your employer's duty. They have a duty to make the harassment stop, which they did. They have no duty to emotionally support you.

>  I put my trust into the company at first for me to only find out they were covering their backs and providing minimal support for me

You can quit right now if you want to, nothing is stopping. They will probably be glad to see you go to be honest with you.


Title: I was scammed on Instagram, can I do anything?

Question: A promo page said they would post my content for $20 after I sent the phone through cashapp they blocked me. Can I do anything legally? If I call the police will it even matter because of how low it is? I really want to get my money back but cashapp said they can't do anything. Is it worth doing anything legally?

Answer: Nothing that would be worth getting back $20.