Title: Expired Hotel Loyalty Points

Question:
[CA] TL/DR - Hotel changed their policy from points never expiring to them expiring, I never got the memo, am I just out of luck?

I signed up for a hotel loyalty program years ago and had accumulated a large number of points from work trips.  I switched jobs and stopped traveling, but the points were never supposed to expire so I just let it sit there.

I logged into my account today and discovered that all my points are now gone.  Apparently, the company changed their terms from having points never expire to having them expire after 12 months of inactivity.  I had no idea they did this, I never received a written letter, and the emails they sent me where filtered to my spam folder.  I tried calling the company but they told me there is absolutely nothing they can do as they had posted the change in terms on their website and sent me emails.

I'm just curious if I have any options or if it's probably just a lost cause?

Answer:
 >  and the emails they sent me where filtered to my spam folder.

So they did notify you, you just never read the e-mail.  If you discard something without reading it, that's on you.

That's pretty much a lost cause.


Title: How can my husband take our child??

Question:
My question is how my husband would be able to gain full custody of our infant. We live in Florida.

Here’s the backstory: We’ve been married for 4 years and have an 8 month old child. My husband never wanted kids, but when I suddenly got baby fever he agreed to have one child. The birth of our child completely changed him, this baby is the literal light of his light.

Like any couple, we have our differences. In particular, postpartum depression hit me pretty hard. Unfortunately, my husband acts very irrational and immature when he’s angry. He’s recently started talking about plans he’s made in case I don’t start “perking up and being more positive.” These plans include kicking me out and taking everything from me, including our child. He said he’s figured something out that will allow him to get full custody. I should note that he is a police officer and so he does have an understanding of the laws and how to work the system in his favor.

I need to know if there is anything that would allow a father to get full custody of a child.

Our child is breastfed, so it is reasonable to assume I would need to be there the majority of the time for feedings. I don’t have any sort of criminal past whatsoever, I’ve never even gotten a traffic ticket. For our entire relationship, I’ve been the main source of income. My husband has always worked, I’ve just earned more them him. However, and this may be important, a few months ago I went back to school full time to earn another degree, so I am currently unemployed and completely financially dependent.

I also had one incident in my past that I can guarantee he would use against me, he uses it as ammunition in fights constantly. About 5 years ago I suddenly fell into a deep depression. I immediately sought help and was under the care of a therapist. However, I made a halfhearted suicide attempt. I would describe this more as a cry for help than anything else. I took a few pills, called 911, and spent 2 days inpatient. I was released upon my request when the doctors agreed that I was not a harm to myself or others. We later found out I had some underlying medical issues that caused a severe hormone imbalance. That coupled with the many medications I was on caused suicidal ideations. I am being treated for the medical condition and have stopped all unnecessary medications and have never had another problem. I mentioned earlier that I’ve struggled with PPD. This manifests as anxiety over anything happening to my child and insecurities about myself. I have in no way given any indication that I would ever hurt myself or my child. But my husband has started dropping comments about him being scared I would “do something stupid to our child.” I believe he is doing this to provoke a reaction.

He has a few male friends that have full custody of their children and he said he’s asked around and now has a card up his sleeve that would allow him to immediately and indefinitely gain full custody of our child. What could it be??

Answer:
 Florida, like every other state, generally adjudicates custody and visitation based on both the best interests of the child and the balance of the parents' interests in being part of their child's life. If you are a willing parent, it's unlikely the courts would deny you custody.

However, if you are suffering from severe depression or any other significant mental health issue, it would be a good idea to have appropriate support, including a psychiatrist or a therapist. People generally don't lose custody because of depression directly, but they can lose custody if the resulting executive dysfunction leads to neglect. Similarly, a five-years-past suicide attempt likely wouldn't be an issue, but present suicidal ideation would be. Appropriate care for your mental health will both help you directly and show that you're taking this seriously.

There's no magic "I win" card in family court, because family courts don't work that way. If he thinks he's found one, he's presumably been hanging around with angry men who are exploiting his vulnerability. Police do not have any special dispensation in family courts, nor can a police officer (who deals with criminal law) be expected to have any better knowledge of family law (a different field entirely) than you have: don't let your ex-husband's browbeating get to you on this, he's not the expert he claims to be.

If he does pursue sole custody, or if you would be considering divorce, it would be a good idea to respond through a lawyer. The Florida Bar does referrals if you don't know someone who can refer you themselves. Many family law attorneys are willing to work out payment plans or to help with interim spousal support if your husband cuts you off.


Title: Received a Cease and Desist Letter, am I obligated to respond?

Question:
Hi everyone,

About a month ago I was facilitating an estate sale for my grandfather that passed away. In his belongings, I found a watch. We'll call it "Borex". Borex is a very large, well known luxury watch company. I listed the watch on eBay for auction and it was immediately taken down. Today I received a letter from "Borex" demanding that I pay them $350 and send them the watch immediately or they will sue me for damages up to $2,000,000 and pursue jail time up to 10 years. They are claiming the watch is fake (which I'm not completely sure about) and that I'm violating their trademarks and intellectual properties. Am I legally obligated to respond to their letter, or can I just ignore it? The letter is as followed:

Dear \_\_\_\_\_\_\_\_\_\_\_\_,

This firm is general counsel to BOREX Watch U.S.A., Inc.

It has recently come to our attention that you are offering for sale and selling merchandise bearing the Borex Trademarks, or bearing marks substantially indistinguishable thereto, on eBay.com, and that this merchandise is COUNTERFEIT.

Such use is likely to cause confusion and constitutes counterfeiting, trademark infringement and dilution of Borex’s intellectual property rights in violation of both federal and state laws . As a result of your conduct, you may be held liable for trademark counterfeiting and infringement. The penalties for such conduct are severe and may include injunctive relief, actual damages, statutory damages of up to $2,000,000 for each trademark that has been counterfeited, costs and attorneys’ fees.

On behalf of Borex, we demand that you immediately cease and desist from any and all offering for sale, sale, distribution, importation, manufacture, advertisement, promotion and display of counterfeit Rolex merchandise. We also demand that you do the following:

1. Surrender all counterfeit Rolex goods in your possession, custody or control.
2. Provide the identity of the source of the counterfeit Borex goods.
3. Make payment to “Borex Watch U.S.A., Inc.” by bank or certified check, or money order, for all damages and costs incurred by Rolex in connection with your illegal conduct, in the amount of $350USD.

We strongly urge you not to contact the supplier of the counterfeit merchandise or to take any other action which would interfere with our client’s ability to eliminate counterfeit merchandise from the marketplace and will hold you responsible for your complicity in any such actions to the maximum extent provided by law.

Please be advised that your failure to respond or to comply with these demands before May 15, 2019 will result in Borex taking legal action to enforce its rights . Please send all information, along with your payment, to the attention of the undersigned at the above referenced address.

This letter does not constitute an exhaustive list of Borex claims or rights, all of which are hereby expressly reserved .

We await a response from you or your counsel.
Sincerely,
Large Law Firm that represents Borex

Answer:
 First, google the name of the law firm and contact them using the number you find on google, not on the paper. Ask them if they represent this company. There's a decent chance they don't, and some scammer just swiped their letterhead.

If they do say represent them, then you have a choice. You can keep selling it, at which point they may sue you. The suit could be pure bullshit, but it may cost you a lot to defend. At that point it may just be cheaper to go into a nice watch store and ask them what they'd give you for it.Answer #2: Might just contact "Borex" to see if the watch is indeed real. You can also search "How to tell if a borex watch is real" and see.Answer #3: You don’t have to respond. If you don’t they may take the legal action they are describing.  If they sue you then you can prove in court that the item is legit.Answer #4: No practical legal advice to give but this is pretty common.

Borex goes after eBay sellers pretty hard when there’s the slightest question of authenticity. eBay themselves are the ones that provided your info to the law firm.Answer #5: Do not relist it on ebay, it will immediately be pulled and your selling abilities will be suspended(sometimes permanently)

&#x200B;

It's best to get items like that authenticated before listing them for auction, they won't be able to do anything if you can prove the item in question is real


Title: Sharing intel about a rival company...legal?

Question: So I'm a ridesharer and Lyft is trying to persuade me from diverging what Uber (and other comoanies) are offering their drivers in a given week and asking for screenshots of driver incentives. The incentive to let Lyft know what Uber is offering me this week is a small gift of $5.  While drivers aren't employees, we're independent contractors, is this a safe and legal thing to do?

Answer: It isn't illegal, but it may violate the contract you have with Uber.


Title: Was taken advantage by a Metro PCS store owner. Please help..Now in extreme debt.

Question: [deleted]

Answer: You were scammed beyond scammed, call the cops.Answer #2: To be clear, this guy is not a Metro PCS store owner or anything, he's a scammer who tricked you into getting a bunch of phones from retailers, then he undoubtedly unlocked all these phones and sold them on Craigslist or eBay with clean serial numbers before you realized what he had done.


Title: Rescued a cat & now being threatened with legal action over the cat... HELP!

Question:
A year-and-a-half ago my son found a feral kitten under his father's back porch (they live in a downtown apartment building), and they flea treated it and brought it inside. Fast forward to two months ago - the cat had fleas again, and my ex kicked it outside. It lived under their porch and in an alleyway for three weeks, and was fed some days (not consistently or daily) on their back porch. My son begged and begged me to go get the cat lest it get run over or otherwise harmed. The cat was not collared or microchipped. I contacted the police department, who transferred me to animal control, and was told that no, taking an uncollared cat from outside wouldn't be something that would be a chargeable offense. My son collected the cat from his father's back porch, and because of security cameras, my ex potentially has footage of that. There is no footage of me and I did not trespass.

A month went by, and there was no mention of the missing cat.

Four days to the day later, when asked, my child told his father that yes, the cat was at my house, that it had been his idea, was his cat and he was worried about it. His father proceeded to tell him not to tell me that they'd discussed it - and then called the police on me and sent me a very bombastic email accusing me of trespassing, theft, and stating that he wants 'his' cat back.

Can anyone make a legal (not moral) argument for or against me giving the cat to someone that forced it to live outside for weeks in an unsafe urban area without adequate care? Are there other possible legal ramifications that I can't imagine yet (e.g. civil cat custody suits or impacting my child's custody)?

Thanks in advance.

EDIT: Abandonment of an animal is considered 5 days without adequate care, shelter, food, and/or water as per Code of Virginia 3.1-796.66 and 3.1-796.68.

The cat belongs to my son, not to his father.

I did call animal control first and was told no, they do not pick up cats that are uninjured, but that there would be no criminal action from them if we took an uncollared outdoor cat, especially if the cat had been mistreated.

UPDATE: The police called, chatted a bit, said they weren't going to even file a report much less pursue charges, but that the ex does still have some civil recourse if he chooses to sue over the cat.

Answer:
 Cats are property. So just like you cannot have your son take patio furniture from his yard you cannot take the cat.

If a cat is not being properly cared for you can contact animal control or a rescue and have them look into it, but you cannot just take animals because you think you have a better home.


Title: Was I discriminated against? *serious answers please*

Question:
I was recently fired from my job working as a QC Production Inspector. Basically what I did was go around the factory and make sure everyone was doing their job properly and producing good, quality parts. I was working there as a temp to hire. This position was a promotion and I was suppose to get hired on due to the fact that the position itself is a hired personnel only position. When I was offered the position and accepted it, I signed a document (that I thankfully was able to get a copy of before getting fired) that stated, "You will remain a temp with this awarded position until we have been given approval to hire based on the budget." Also, I was trained in this position for 5 weeks. I followed everything the personnel that trained me did and even took notes about troubled areas. I also had a few discussions with my supervisor about where I need to focus on and how to improve what I was doing and he always stated that he thought I was doing well.

When they finally got the budget to hire people, my name wasn't on the list and the reasons I was given were complete bullcrap. \*back story\* I spent 10 years in the Army. I trained hard and I followed regulations and I enforced regulations. I'm a no- nonsense type of person that doesn't take peoples crap, jokes or otherwise. I've always have been a serious person and when I enforce the rules I expect the rules to be followed.\*\*

The manager that lectured me on why I was not being hired stated that because I'm a 'no-nonsense' person and I'm use to the strict guidelines of the Army, I'm too harsh for the men at the factory. Other reasons for me not being hired were because of previous conflict with others... conflicts that I was not at fault for. Once I was assaulted by a co worker because I wasn't allowing him to send bad parts down the line and another was because I wouldn't allow another co worker to not follow the rules and reported her, then she reported me for reporting her....

If anyone happens to know where I can go or call to report this, that would be awesome. Loc: East Central Indiana

Answer:
 Yep, you can be let go because they don’t like you and it’s legal. Doesn’t sound like your prior military service has anything to do with it. File for unemployment.Answer #2: You were discriminated against you for being you which is legal.

Not sure what to tell you. You see

>  I'm a no- nonsense type of person that doesn't take peoples crap, jokes or otherwise. I've always have been a serious person and when I enforce the rules I expect the rules to be followed.

As pluses.

They see it as minuses.

Even if disputes aren't "your fault" perhpas they want someone with supervisory authority to have more tact and humanity. Answer #3: It doesn't sound like anything illegal happened here, at least. Only some forms of discrimination are illegal, and "discrimination against rule-followers" isn't one of them.

If you are a union member, talk to your union rep before moving on. If you had a contract which overrides your state's at-will employment, speak to an attorney. Otherwise, it's likely your only meaningful recourse is to collect unemployment and look for a new job.Answer #4: I don't see any hint of illegal discrimination in these facts. It appears they fired you because they didn't like your work performance. That's legal.Answer #5: So, you believe you were fired for being a bad fit for what the employer was looking for in the job?

Did I miss why you feel discriminated against? Or are you confusing not being the right person for the job with being fired because you are part of a protected class?


Title: My friend is being sued for $250,000 for a 5 mph fender bender. Will this person actually have a case?

Question:
My friend rear ending someone going about five mph at a red light. Him, the person he hit, and a cop pulled into a nearby store parking lot. The guy he hit said nothing was wrong with his car, call it a day etc.

Well a year later, yesterday, a cop comes to our house and gives my friend/roommate the documents letting him know he is being sued for 250,000 fucking dollars.

The man claims pain and suffering, dislodged disc, permanent disability, and costs to repair car.

Is this guy out of his mind or can he actually win a case with this garbage?

My friend is one who is easily taken advantage of and not very bright, so I am making an effort to help him with this as much as possible.

What should be his first steps?
And does this person have a case?

Edit: in TN
Topic:
Traffic and Parking

Answer:
 Tell your friend to forward the lawsuit to his auto insurance company.  They will hire a lawyer to answer the lawsuit and provide a defense.  Your friend should have nothing to worry about, this is what insurance is for.  The case will probably settle; the lawyer will tell him what to do.Answer #2: If it's been longer than a year, the statute of limitation has passed, and the person suing for personal injury is shit out of luck.

Vehicle damage is 3 years.

http://www.nolo.com/legal-encyclopedia/what-the-car-accident-statute-limitations-tennessee.htmlAnswer #3: He needs to just call his insurance company, immediately.  They will tell him what to do.  They will defend him in the lawsuit, if one occurs.


Title: My best friend was murdered by her ex. He stole her devices and blocked her close friends and family from her social media postmortem.

Question:
Long story short, my best friend of 15 years was murdered by her ex-boyfriend.

I want to explain in order to get the best possible advice, but I also want to protect my friend’s dignity so I’m going to do my best here.

K- my friend
C- her ex

K has been my closest friend for upwards of 15 years. She is a square and a half. Used to give me snark when I would so much as smoke pot *eye roll

Flash forward to Jan 2019. I get a phone call from a K’s sister telling me she had died of a Fentanyl overdose and C was the one that called it in.

K and C have been broken up for over a year at this point. Largely because C did drugs.

C plays it very sympathetically to the initial LE, he’s the heartbroken lover, etc etc. He’s allowed to leave the scene.

I won’t go in to what followed, but about a week later a warrant for Controlled Substance Homicide and Murder 2 is issued for him. It’s become pretty apparent at this time that she made the fatal mistake of giving him a booty-call and he dosed her.

I’ll answer any other relevant questions in private as they come in but here’s my question:

When C casually wandered off the scene, he took all of her devices with him. We were able to see activity on her social media after TOD, and eventually he deleted and blocked me, her mother, her sister and her ex-roommate from her social media. Effectively depriving us of a lifetime of memories with our loved one.

Facebook has said they can’t do anything. They said that they can’t prove that she didn’t block us herself. That doesn’t seem right, right? Like after proving TOD they should be able to track activity??

It seems like such a shallow thing but to have someone like C be able to serve us this last wound just can’t stand.

Answer:
 It will be an uphill battle to get the devices back. If they were booked with him as personal property it’s going to be a civil matter trying to reclaim they physical devices.

An easier course of action is to try and reset/reclaim the account via email or text verification.

Can her parents access her phone account? Do you know her email address? Maybe try the secret questions?


Title: My GF's mom [USA, MA] is refusing to seek treatment for alcoholism and it is borderline ruining my GF and the family's life

Question:
Hey r/legaladvice! My girlfriend's mom has been an alcoholic for years. Started when she was 17 and basically hasn't stopped since. She's in her late 50's and shows signs of serious brain damage. Constantly forgets what is going on, will fly off the handle at little or no provocation, and she's started developing serious vertigo problems. And she keeps drinking. Last week she passed out in the driveway of her boyfriend's house.

This was the last straw and her boyfriend is kicking her out. She's still receiving money from her divorce settlement with my girlfriend's father. I'm in talks to convince him to go to court to stop those payments, as he's coming under serious financial stress due to unrelated health problems. She's currently planning on moving to a hotel.

She's admitted to my girlfriend that she has a problem, twice now, but refuses treatment. She is berating my girlfriend and her ex-husband daily, constantly belittling them and insinuating I'm going to leave my girlfriend because she's "a horrible person." My girlfriend also refuses to cut ties with her because "She's my mom" and "She's better when she's not drinking" (which is true but she still has degraded mental facilities and is rarely sober). Family is very important to my girlfriend, but she's coming close to the end of what she can handle. The mom's three sisters have already emphasized they're willing to help.

After the shitshow of these past few weeks my girlfriend finally acquiesced to my idea of making a post her. Please, legaladvice, is there any way to force my girlfriend's mom to get help? If not, I know she'll just keep drinking until she's dead.

Answer:
 Best advice I can give you is that your girlfriend should attend al-anon.

She can get support from many people there going through and who have gone through similar issues.


Title: Landlord/tenant advice: summer heat, no AC

Answer: Outside temperature does not matter, but unless you are living in a glass box I don't see how 78 is going to make a room hot enough, maybe if it was consistently 108 outside.


Title: A Former Prostitute Family-Friend may be slipping back into "the life," how should my family and I go about protecting her infant son?

Question:
I understand that this may be a bit of an odd one, sorry if it rambles, I am furious right now. My family works, through our church and a local trafficked woman ministry, with a number of former prostitutes and trafficked women. We have been helping one woman in particular get back on her feet, help with getting schooling and paperwork and tax papers. We have also been helping her out with her infant son, whose father is one of her customers. She doesn't know which. We have been babysitting him every couple of days since he was born about six months ago. Recently, one of her former customers has been getting into her life, and is exhibiting the signs of trying to traffic her. This is according to this trafficked woman group. We believe that she and he have been using drugs and neglecting him. We just learned today that this man has had his name put on the baby's birth certificate, however, he is not the biological father. We are afraid that if he moves away or is thrown out, she will leave and take the baby with her. What should we be doing right now in addition to documenting everything we can in order to get this baby into child protective services or with her mother instead of with this man or his family? Is there really anything we can do other than let it play out? Sorry for the rambling post, please let me know if I need to edit anything.
Edit one: sorry, this is the U. S. in Ohio

Answer: You can start by contacting CPS and explaining the situation to them which would start an investigation.


Title: [GA] Is it illegal to look at company payroll if I have access, but not authorized?

Question:
A co-worker and I were chatting with our boss and she kept saying that she didn't want to make more money. That was in between my co-worker and I saying we really needed raises.

Anyways, I thought it was fishy that my boss (who does the payroll) has said on several occasions that she "couldn't afford to make more money". Now, here is the catch: one of my duties is filing company documents. Some of them are in the drawer where payroll records go goes. Curiosity got me and I checked what my boss is making. She is getting paid a salary AND for an hourly position, plus she can somehow claim overtime on both.

First, did I break the law looking at those records? I know I broke company policy (although it isn't written anywhere).
Second, can my boss get paid essentially twice for the same job?
I'm asking because it would be incredibly easy for her to manipulate any payroll stuff. Her income has doubled from the end of 2014. It's all coincided with our company removing a manager position that did payroll and going with one of those big companies like ADP. Maybe she gets paid for both now... but I can't ask without giving myself away and looking like a creep.

What would a lawyer do?
What would HR do?

TL;DR: Looked at payroll regarding my superior's pay, found something really fishy, and I can't ask the boss's boss (my actual boss) without giving away that I snooped.

Be nice please.

Answer:
 > she didn't want to make more money ... she "couldn't afford to make more money"

What does that even mean? Just curious, it's not pertinent to the situation.

No, you shouldn't have looked at the documents. This is none of your business as it's not your responsibility. Just forget about it, let it go, and don't snoop again.


Title: Friend sold a car, now the guy wants to return it

Question:
Thanks for all the help in advance. Kind of a sticky situation..

A friend of mine sold a 2000 Honda civic (150k miles.) Paint is chipping and the Air conditioner doesn't work. They listed it on the local classifieds and had someone come and pick it up for $800. They were very clear that the sale was "as is" but \*did not\* sign a bill of sale. The car has a few mechanical problems but runs just fine and passes both safety and emissions.

The buyer goes through with the sale, hands over cash, signs the title and is on his way.

4 hours later the buyer calls the seller and says he would like to return the car due to it needing more work than he thought. My friends (the sellers) informed him that the sale was "as is" and it is now his car since he signed the title.
\*\*Here is where it gets tricky\*\*

The buyer tells my friends he is going to leave the car with the title and keys at a certain train station and that they can pick it up when they can. He asked them to refund him the money at a later time via venmo (??) This is a hot spot for abandoned vehicles and will likely get towed within 24 hours. Should they go and pick up the car, give the guy his money back and try to sell it again? or since he signed the title should they not touch it? When it gets towed who is going to be responsible to pay impound fees since he hadn't gone through the DMV and had his own plates issued.. ?

Answer:
 He needs to do two things.

1. Tell the guy absolutely not.

2. Make certain he notifies the DMV that he sold the car and provide information on the buyer. He needs to get it out of his name.Answer #2: > signs the title

It's now the buyer's problem. Sellers can't do anything with the title now.

I'm suspicious about what happened in teh 4 hours the buyer had the car, like wondering if it was used in a crime.


Title: Threw an employee a baby shower now being threatened with “hostile work enviroment”. What do I do? (AL)

Question: [deleted]

Answer: /u/locationbot recall


Title: [IL] During a project meeting, a colleague closed the office door to hold an "off-the-record" meeting even after I said "No." Then proceed to criticize me.

Question:
I (male) work in a level of government in Illinois. As stated in my title, a colleague (a female who I will call Tiffany) purposefully closed her office door to have an "off-the-record meeting." I immediately refused. Based on previous interactions, I presumed she was going to criticize another colleague. However, this time it was about me. More importantly, it was on information regarding my performance that my supervisor and I discussed a few days prior. Tiffany and I share the same supervisor. And for all legal purposes, Tiffany and I are work-place peers.

I have scheduled a follow-up meeting with my supervisor. I want to use this meeting to try to determine if my supe is communicating directly with Tiffany and other related issues. I am not involving HR at this point. What I am about curious is the legality of Tiffany's actions?

Other information:
I do not know if this is important but...in regards to the previous meeting with the supervisor, it was a performance evaluation of sorts. Tiffany and I work together a lot (she is the lead on a project) but we do not have the best relationship. I often feel uncomfortable around Tiffany (she is constantly in a bad mood and often criticizes co-workers and clients) and, due to my personality, I am often quiet and terse. Because of this, I believe it was reported to my supervisor, by Tiffany, that I am being rude and defiant. There was no out right negative performance evaluation coming from my supervisor, it was basically "Get along with Tiffany and listen to her because she leads the project."

Edit: I have not discuss my comfortableness with Tiffany because I do not think she would have listened, it is within her right to complain (it is terrible behavior), and it has never escalated to the point discussed above.

Answer:
 Doug's unhappy with you and she's the lead on your project. Your supervisor is unhappy enough with you to prime Doug with additional information. How much more of a clue do you need to realize that _you are causing problems in your workplace_? "Due to your personality" or otherwise, you - and you alone - are responsible for the health of your relationships with your colleagues, and if your project lead _and_ your supervisor think you're being rude, then even in the public sector, your employment may be at risk.

None of what happened is illegal. All of what happened is a huge red flag for your job. If you're interested in keeping your job, listen and cooperate with Doug and with your boss. If you're not, start looking.Answer #2: >What I am curious is the legality of Doug's actions?

Nothing that you've said is illegal.


Title: Which state in the US has the best human rights laws and lawyers?

Question:
I’m 24 and I don’t wanna live with my parents anymore because I’m an adult and deserve some privacy and sense of freedom.

My dad however, is forcing me to live with him and demanding I pay him back all the money he ever spent on me, for example my college fees, he paid for my education all my life and it was expensive.

but i can’t return that to him because my salary isn’t even $1000 a month.

He’s claiming that we “agreed” that I have to return him back the $90K simply because he’s my dad.

Answer:
 You don’t have to repay him for the cost of raising you.

There’s no need to choose an appropriate state. This doesn’t stand up anywhere in the US.

Just move out and don’t pay him a cent. Maybe pay a reasonable monthly rent for one room and boarding until you can find a place, but only if that’s the only thing between you and homelessness.

He can’t force you to live with him. If he attempts any physical restraint, call the police. If it’s “emotional restraints”, then say to yourself “fuck him” and ignore it.


Title: Hello. I need to know whether i have a case?

Question:
I've been having issues with odor since I started having medical issues back in 2015.

One of my managers has been shit talking me in small groups for the past two months. Two days ago he called me a stanky ass in front of the entire department. Two days ago I had scratches on 3 of my windows window tint. Today someone scratched my rear views.

I called my manager out over email. He obviously got mad but didn't speak to me. HR called me in and said the company could have a liability issue.

I would love to get a payout. I can put a listening device at my desk for when I'm gone.

What are my chances of having a case???

This is in Texas.

Answer:
 Instead of shenanigans which are very likely to get you fired, what steps have you taken to deal with the odor issue? Have you been to a doctor? Allowing you to disrupt the workplace due to bad body odor is not a reasonable accommodation.Answer #2: >I can put a listening device at my desk for when I'm gone.

Don’t do that, even if it is a 1 party consent state because you’re not a party to the conversation


Title: Druggy serial thief sister stole $300 from me. Utah

Question:
My sister is a clepto, and she is a meth addict. She lives with my family and my parents just enable her. She is a known thief, and I had my tips saved up in a jar. It was in my room, hidden. I was gone yesterday for a few hours and she and her loser boyfriend were the only ones there.

She is of course denying it and I am freaking out because I dont know what to do. Any advice would be so appreciated. Thank you.

Answer:
 Your choices are:

1) Report it to the police. You were the victim of a crime. The police will investigate and the criminal justice system will take its course.

2) Do nothing. It keeps the peace with your parents who may or may not support your sister, but more things will disappear because this is a very well understood element of drug addiction. Move out as soon as you can and cut ties with your sister.

That's it. There's no half measures to be had.


Title: [PA] Accidentally shoplifted $12 from Walmart

Question: I was doing self check out and forgot some soda that I had set on the edge of the cart. I didn't realize it until the next day (today)when I was looking at the receipt that I realized my mistake. Should I go back to the store and explain or just hope for the best? I read the grandma story and I'm scared about getting charged with theft.

Answer:
 Bad idea, forget it happened. If you feel guilty donate $12 to the homeless or a charity of your choice.Answer #2: >Should I go back to the store and explain or just hope for the best?

Nothing good will come of this.

If you want to clear your conscious either go through self checkout again and double charge yourself for an item of equal value ring it up twice but only actually purchase one) or donate the funds to wall marts charity.Answer #3: Statistically some level of shoplifting, even accidental shoplifting, is built into the cost of goods. This happens, and they've prepared for it. Do not cry for the megacorperation, they will be fine.


Title: [OH] Being sued by mother and need to know best course of action.

Question:
Ok, my mother is suing me for my wife's wedding rings which she purchased as gifts for us. I am not a cosigner on the account it is solely in my mothers name. She is also suing me for 895 dollars which she told me to pay when we got back on our feet after just having a child.

Now she also used my bank account information to make  a payment on the ring account without my permission, and the company let her without verifying my identity or anything. The ring company also admitted to me on the phone they let her use my account. My question is can I press charges for fraud on my mother and the ring company?  (Also I reported this to the bank as fraud.)

Also can she even sue me for the ring account since it's solely in her name?

This is all in small claims.
Topic:
Other Civil Matters

Answer: Change your account number. Pay her $895 you owe her.  Pay for the rings, return them to her, or prove they were truly an unconditional gift and she withdrew from your account without permission.  Show proof of all this to the court and ask for case to be dismissed.


Title: I work at a restaurant that is NOT a gun free zone, and there was nothing in the employee handbook that stated I was not allowed to conceal carry a legally owned and licensed firearm. Do I have legal obligations to inform my employer? (Chicago)

Question:
I am currently in the process of acquiring my CCW in Chicago, and I want to know if I am risking my job by carrying a concealed firearm on my person while on company property.

Do I need to acquire their permission to carry, or simply inform them, or am I better off letting nobody know at all?
Topic:
Employment Law

Answer:
 They can fire you for carrying, unless you have a contract. They could also fire you for rooting for the Cardinals, wearing purple shoes, or liking Duran Duran. Probably best to ask your employers policy beforehand. Answer #2: I’m not familiar with Chicago law but I have this crazy idea.

It is crazy, so just listen.  There is this crazy thing called a “conversation “.  So apparently, you can use it to communicate with people.  Crazy right?  So use this ‘conversation’ thing, and maybe ask your boss?  I know, people to people conversation is nuts and seems outdated.  I promise you it still works like a text message in many ways!Answer #3: Until you have your CCW permit, you are carrying it unlawfully. That applies for every jurisdiction that I’m aware of in the States.

They can fire you for it. You would have no legal recourse.


Title: If my Dad transferred his home/property to my name, can I legally kick out his daughter who has no lease, never paid rent, and is about to turn 30? Carroll county Ohio.

Question:
I’ve heard evictions can take up to 90 days.

If my dad signed the property over to me, can I legally kick my sister and her boyfriend out since they don’t pay rent, never signed any type of lease, and live off of the food and electricity provided by my father?

My sister has been freeloading off my parents for way too long, it’s driving my mother insane, but she is too much a pushover and doesn’t have the knowhow to kick her out, while my father leaves for work at 0400 and doesn’t get home until around 1800 and goes to bed by 2000, so between eating, showering, and decompressing from work he doesn’t have the energy to do anything about kicking her out.

Other info that might be important:
Carrollton, Ohio 44615.

Land is paid off.

My sister has only been employed twice, neither time lasted longer than a week.

Her POS boyfriend steals gas from the garage to put in the truck my dad bought for my sister to get a job.

My parents take care of my sisters 7 year old son.

Answer:
 Evictions don't take 90 days. Well, not really. So right now you have a tenancy with a term of one month by oral agreement with a rent of zero. This will transfer with the transfer of property. You'd have to give proper notice of non renewal, then if they remain you must evict. This typically will take one month plus the eviction time - your county seems to be a three week. Then if they won't leave you get the red tags and set out. If that all happens sure, you're looking at around 70 days. But usually it's a lot faster.

Dear downvoter, this sort of question literally pays my bills. The other stuff buys me the fun toys. I do dozens of these a week. Answer #2: >can I legally kick my sister and her boyfriend out since they don’t pay rent, never signed any type of lease, and live off of the food and electricity provided by my father?

Highly unlikely if you don't follow the propper eviction proces.

However if your dad plans this to get them out I would advice him to have a chat with a real estate lawyer since this would leave some risk on his end (and I mean by that that he would become a month to month tenant and could also be evicted.)


Title: Generally, would it be legal to place a cctv camera on my 2nd floor apartment porch in a way that it is recording the apartment complex parking lot?

Question: (U.s.a)

Answer:
 IANAL, but there shouldn't be any real expectation of privacy in the parking lot, so a camera should be legal.Answer #2: You’re generally allowed to record in public from anywhere you’re legally allowed to be.

Your landlord is going to care about how you mount the camera.Answer #3: It’s legal from a surveillance/privacy analysis but that doesn’t mean it necessarily complies with municipal code or HOA rules.  However the legal downside of running afoul of these lesser issues is along the lines of “take it down” vs the harsher illegalities of violating criminal wiretapping laws.Answer #4: It depends on what your apartment complex thinks about you mounting a camera on their building.

It’s generally legal to place a camera filming a public place like a parking lot.


Title: [Massachusetts] Woman at work is an extreme bigot...

Question: [deleted]

Answer: What is your question? I haven't read anything that would question legality.


Title: Landlord raising rent to amount I cannot afford.

Question:
Background: I am living and renting in a brand new Toronto condominium for $1550/month. My lease ends at the end of February and my landlord has just called me to inform me that due to recent completion of construction in the building, the rent will have to be raised. He informed me that the rent would be raised to $1750/month effective March 1st if I were to accept, if not I would have to vacate the unit. I respectfully declined.

However, I am marginally aware of 2 percent rent increase rule in Ontario although I'm not sure if this applies to my situation as my lease is ending in February. Can someone advise? Many thanks.

Answer:
 The rule does not apply to buildings occupied after November 1991, so you are SOL on that. They need to give ~~60~~ 90 days notice, which they did not do, so they would not be able to raise the rent until ~~April~~ May, but they can raise it the amount proposed. You did not give notice to move out for the end of February, so you will be month-to-month. You can give notice to move out at the end of March now if you don't want to pay the increase. You can also try to negotiate with your landlord to accept notice for the end of February even though it is late because you do not accept the increase in rent.

ETA: Your landlord cannot kick you out at the end of February. [The LTB has an FAQ and guide] (http://www.sjto.gov.on.ca/ltb/faqs/#faq3)Answer #2: He has to give you 90 days notice to raise rent, so actually given that he missed Jan 1st, the rent only goes up effective May 1st. You should tell him that, then on March 1st give two months notice and find a new place.


Title: Defamation at the workplace?

Question: I need some help for a friend of mine who is 20 years old and in California, I have no expertise in this and not sure how I can help. He stepped outside of his comfort zone for the first time in his life by approaching a 17 year old coworker. She said yes and gave him her phone number, flirting with him and expressing interest in going out. Except, when he actually texted her in the hopes of setting up a date, she flaked out. More than that, she told everyone that he stole her number off of Facebook and has been stalking her. Now everyone at work is calling him a pedophile, threatening him, and giving him dirty looks. He was almost reduced to tears and his supervisor had to hug him just to keep him from crying. Depending on how the head manager handles this situation, he may very well rage quit his job. Maintaining his pride is more important than maintaining his job if it means conceding guilt when he knows that he did nothing wrong. He is not going to back down when people insult him. Do you have any advice for my friend?

Answer:
 >Do you have any advice for my friend?

He should avoid hitting on coworkers in the future, especially those that are underage. Beyond that, there's likely not a great way to handle the mess that he got himself into without some blowback.


Title: What are my legal options about kicking out my 15 years old pregnant daughter?

Question:
My daughter is almost 16 and got pregnant. She wants to keep and rise the babby. We don't have time, space, money... and we don't want to do anything with the baby expect occasional babbysitting.
We decided we will kick her out of the house. But I want to know how to do everything leggaly. Thank you for advice.
Topic:
Custody Divorce and Family

Answer: You cannot. You are her parent, and are responsible for her wellbeing until she turns 18.


Title: Sister was hit in an accident, hospital refused to treat

Question:
Texas, USA

This is a secondhand account of the events, my sister has some behavioral issues and gets into altercations easily so I don't know what exactly happened yet.

She was hit from behind about a week ago. Her car was forced into the car in front of it and her back was hurt. She was taken to the hospital but they refused treatment and left her on the sidewalk, I assume from some kind of altercation. During this she said a security guard forced her into a wheelchair and injured her back further, then he wheeled her off premises and left her there where she had to get a stranger to call a friend for help to pick her up. She was unable to work and twisted her back again this past Sunday, attempted to go to the hospital to get an X-ray and was once again escorted out (this is a different hospital). She has no regular health insurance and is on Medicare star plus. Because she was unable to go to work, she has since lost her job and still doesn't have a medical exam post accident. She keeps trying to roll up the hospital harassment with the injury claim and get lawyers to take the case but no one will. I am trying to get her to a clinic so she can at least get checked out.

Need advice on how she should be pursuing this in a legal sense because it seems like there isn't any traction here. Also how to go about paying for this, needless to say she doesn't have any savings built up to cover these expenses. I created a small emergency fund for her, but I don't think it will cover very much.

Answer:
 Your sister must be doing something fairly egregious if they're refusing to treat her and she likely isn't all that injured, either. Help your sister contact her insurance. She may have medpay or PIP that will give her some money to go get checked out by private doctor. If not, take her to a client yourself. Your sister obviously has some type of behavioral issues and typically need to be escorted to appointments so that the escort can calmly help the doctor treat the family member. She doesn't need to concern herself about any lawsuits until she gets all of that squared away first. Answer #2: She needs counseling. Not A lawsuit. She cannot keep her mouth shut well enough to get medical treatment.

She can contact her cat insurance about the car but until she can learn to be civil no one will treat her and she won't get reimbursed for her craziness.
Answer #3: Emergency rooms are only legally required to treat an emergency medical condition.  If she was stable and at no risk to wait, a painful back isn't likely to require the ER to act. They certainly don't give X-rays on demand (and X-rays wouldn't usually reveal something like a herniated disk anyway).


Title: Worked for a year with no pay.

Question:
So I'm a college student who has been away from college for a year because of anxiety and depression. My father owns his own business, and when I returned home, he asked me to work with him. He payed me for three weeks, but stopped paying me after that because I "owe him and my mother rent." That's fine, I can understand that. Fast forward to a month ago. We were working for a lady and and my father told me how to fix what was wrong. Well, I did what he said, but it caused worse problems. So the next day he fires me and I find a new job. Now, I am doing work for that lady to pay for damages done while I was working with my father. She is getting angry and telling me that everything I'm doing for her now is wrong (all I'm doing is throwing away furniture and trash for her). But she's now asking me to pay for damages with money instead of working it off.

Is there anything I can do? I'm no longer working for my father, so am I obligated to pay for this even though I wasn't getting paid anything while working for him?

I appreciate any advice on this.

Answer:
 Holy crap. Do you realize you are basically a slave right now? Which has been illegal for a very long time?

I can't list how many ways all of this is very wrong and illegal. Stop working for your dad and this lady. Get another job. If they attempt to sue you, gladly accept and bring popcorn to court. If they show, they might even leave in handcuffsAnswer #2: If you were working as an employee for your father, you have no direct obligation to this woman to reimburse her for any damages you caused. Your father would have this obligation, not you.Answer #3: You don't have to pay her for any damages. She can sue your father but not you.  Answer #4: Can I suggest that you get the hell out of your dad's town, go back to college, and seek treatment for your anxiety and depression through the college's student health services? It doesn't sound like anything about this year off has been restorative or healing for you. Time to try another approach.


Title: I [19f] was denied entry into the college of education at NAU for a misdemeanor shoplifting charge. However the charge was never supposed to be placed on my recorded due to a deferment program I did. Please help!!!

Question:
I am a 19 f living in Arizona and was denied entry into the college of education at NAU for a shoplifting charge.

However after I was caught for shoplifting the court gave me a choice to do a deferment program. The program was supposed to keep the misdemeanor of my record.

So my question is, is it possible someone at the court messed up and never processed the paper work of the deferment program, or even though I did the program and I just, for lack of a better term, fucked?

Please give me advice I don't know what to do, being a teacher is all I have ever wanted and it was a stupid choice to shoplift but I paid all this money and took a class so this specifically wouldn't happen:/

Answer:
 19F or [20M?](https://www.reddit.com/r/Rateme/comments/2ccfhv/just_want_to_know_what_others_think_20m/?ref=share&ref_source=link)

It's not like that makes a difference in the analysis of your question.

>is it possible someone at the court messed up

It is, Its also possible that the service the school utilized used a scraper while the charges were outstanding and has that out of date, but still "correct" data and made it available to the school.

Unfortunately I doubt the court will waive it's immunity over this, and if the service used the school simply already had the data there is no cause of action there.


Title: [California] HELP! Victim of a car accident and the other party's insurance is flipping it on me now. What are some legal actions that I can take?

Question:
A few weeks ago, I got into a car accident. The other driver and I were going in opposite directions. I was continuing to drive straight, when suddenly the other driver does a left turn without yielding or signaling. I had right of way, so I thought that the fault would be solely hers. She admitted to it, and the police who responded to the scene echoed this fact. (As an aside, the speed limit there was 25 mph but both cars were undriveable afterwards--I'm not sure if that kind of impact can also be taken as an indication that she was speeding).

Now, to the insurance claims: Her adjuster contacted me and asked for my statement. I described to him the story above and asked what the next steps would be on their side. He informed me that the case needed further investigation, because their driver (the girl who hit me) claims that she did yield and never crossed the double yellow line. However, I have a picture proving otherwise, showing that she did in fact cross it. He is still claiming that it is just my word against the other driver's, and is suggesting that the image is irrelevant. He also hinted at a theory he had about the accident, which it seemed like would be a case where I would be the one found completely at fault.

Although it is frustrating, I do understand that it is his job to minimize the amount that their insurance will pay out. However, I do not appreciate the blatant lies and the threatening and condescending tone of voice that he used in our conversations, as if he were trying to intimidate me into accepting that the accident could have been 50/50. What are the legal options for me now moving forward? Is this situation enough to bring a lawyer into the mix?

Thank you!

Answer: Why haven't you handed this over to your insurance company to take care of this for you?


Title: Just found out my tenant unlocked the door to my master bedroom and has been renting it out on Air B and B. What are my options?

Question:
This is in Mass and I am currently over seas. He has 9 months left on the lease.

Obviously, the lease said he couldn't go in my bedroom and we also had a clause about not having businesses in the house.

Wtf do I do?

Answer:
 You have a few options.  If his lease prohibits subleases, then you can evict him for doing that.  You can also evicting him for breaking and entering into your room, which is what he did.  Committing a crime on the premises is grounds for eviction in MA (and every state, I think).  You can also report this to the police and try to have him arrested and charged.

If you're not available or in the country, this gets tougher.  Though you could hire an attorney to handle this for you, which I'd strongly suggest.


Title: Can Police ask for ID in the airport at the US?

Question: [deleted]

Answer:
 Well, cops can *ask* for ID (or anything else) literally anywhere.

But in this situation, they can almost certainly require it in addition to asking.


Title: Scammed on Craigslist for over $5,500 cash. Do I have any hope?

Question:
I met a "mechanic" off of Craigslist, who earned my trust and then sold me a wet dream. I gave him cash for parts (in person) sight unseen and once I noticed how fishy this was I asked for my money back. It has been two months and there is always some excuse on his end. Right now I am waiting for a check he said he mailed two weeks ago.

&#x200B;

What I have that can possibly help me:

* A picture of his license
* His license plate number
* A recording of all texts and phone calls (lines up with when the money was withdrawn from my bank).

&#x200B;

I have plenty of phone calls of him acknowledging that he will pay me back, and what the money was for. What I do not have is a written receipt (he talked me out of it. I know..).

&#x200B;

What can I do to get my money back? I am out all of my savings and also now do not have a working vehicle. I feel very depressed and alone I don't know anyone who is familiar with legal matters and I have never been scammed before.. I cannot focus at work or on seemingly anything. This guy was definitely not new to this and is a true predator. If I can't get my money back I want to make sure this at least goes on his record so he cannot prey on others without extreme consequence.

Answer: Just to be very clear: you never received a vehicle or parts from this person, working or not?


Title: I (45yo) have been laid off and replaced by my subordinate (36yo) - do I have any recourse?

Question:
So 3 weeks ago most of my department was laid off. Reason was stated as “redundancy not performance” (I’ve been a top performer).  Of the 16 people let go, only 2 remained: my peer (46 years old) and a guy who worked for me (36). The 36 year old has been promoted to be my backfill. (He’s great, I am happy for him).

Does this seem like a violation of EEOC laws? (I’m in NYC)

I may use this for leverage to negotiate a longer severance unless this is an egregious violation of protected class.

Any help is appreciated!

Thanks all!

Answer:
 Nothing about laying off 16 people and having 2 others do some or all of that work would appear to be illegal.

That’s not to say that nothing illegal *did* occur, but you haven’t really described any persuasive evidence that it did.


Title: Employer subjecting employees to potentially hazardous conditions. (Colorado)

Question:
Howdy r/legaladvice,

I work in a niche industry so I’ll have to be a bit vague but my employer is knowingly breaking the law surrounding a paint booth.  It is not up to fire code—we had the fire chief call us out months ago— but it’s still being used weekly.  We contract a third-party painting company to paint our products, but they do so while we’re all working, subjecting us to crazy fumes.

If any of us were to contact OSHA I am certain the shop would be shut down but I, and a few coworkers I’ve addressed this with, simply cannot afford to miss out of work.

I’ve gathered substantial evidence of this practice but I’m unsure of the laws surrounding paint-booths, VOC’s and workers rights in these situations. Any help is greatly appreciated.

Answer: Call the fire chief back. He's already interested.


Title: "Hired a cleaning lady" after a DEEP professional cleaning, charging $350

Question:
My parents recently moved out of their apartment and I personally did the full deep move out scrub. I run a cleaning business for the past 8 years and have a 99% very satisfied client track record, so I know what is involved and the place was spotless, except for a little bit of normal wear and tear on actual walls that only repainting can fix, which they freshen up paint anyways.

My parents recieved a final bill from the leasing company, charging them $350, saying THEY hired a cleaning company to clean...and $750 to replace a stove, which when I deep cleaned it was 100% NOT broken. Both these moves are dirty on the leasing company's part!

What do we do?? Mom is pulling up her original contract to check details, i will write up an invoice for them to show THEY hired someone as proof.

 Parents did get a checklist upon move out saying what prices would be charged for different things left to clean and I knocked out the whole list and am really pissed for my parents.

Answer:
 Send a letter contesting the charges and/or security deposit withholdings.  Ask for copies of the itemized invoices.  Your parents and you can testify to the condition of the house, show pictures, and present any other evidence you have in the event that there is a lawsuit.

Unless the lease says something else (or your unnamed state has different laws), broom clean is a perfectly acceptable way to leave a rental property.  Some sates don't even allow for mandatory cleaning fees or limit the amount.

Based on what you described, you are not responsible for the stove, but I wanted to mention that even if you are, then depending on the age of the stove, it may not be worth anything near $750.  They are only owed the depreciated value of an (x) year old stove, not the replacement cost.


Title: [QC, Canada] Someone keeps anonymously ordering pizza to an employee at our work place

Question: [deleted]

Answer:
 Call the pizza places and tell them to stop accepting internet orders for his name?

Or figure out who he pissed off that keeps doing this


Title: [TX] I got a parking ticket I know I could fight and win, but am told I cannot dispute it.

Question:
I got a parking ticket I am full confident I could fight and win. Here's the thing.

The ticket was received while I was away from my car, in an area covered by the Bryan Municipal Court.

It's only a $100 ticket, but I know I would win if I fought it because I was 100% legally parked, so I want to dispute it.

Unfortunately, the ticket was given while I was away from the car, and it went to the registered owner of the car, which is my father.

My dad is a busy person with a very busy job that requires travel. It would be very unlikely that he would have the free time to come fight this ticket.

When I asked if I could dispute, they told me I could not. They said this: I could take responsibility for the ticket and do one of the following 2 things: File for a 30 day extension or pay the fine.

But I can't dispute; I'm not allowed a court date.

I just don't understand. If I am taking responsibility, how can I not dispute the ticket?

I have a few days till I have to make a decision, so I figured I'd ask the legal gurus on here for any advice on something I should do or try.

Answer: You have no standing to dispute it. The ticket wasn't issued to you. You have no more standing to dispute than a random redditor.Answer #2: Does TX not allow the owner of a vehicle to nominate the person who was responsible at the time the ticket was issued, and have the ticket re-issued to that person?


Title: [MI] Arrested for Public Intoxication/Anarchism?

Question:
Throwaway because I'm usually not a criminal - kinda lost here. This happened about a week ago; court date is coming soon.

I got pretty drunk earlier in the night at a friend's house, then some people decided to go to bars. I wanted to as well, so we took an Uber to the bars. Once we arrived, I realized I was far too drunk to go inside, so I told the group that I was going to wait outside until they were done, then we would share an Uber back home. I fell asleep (this was the first day I got back in town after driving for 7 hours) behind the bar, still outside. I then was awakened and arrested when the cops found me, and I refused a breathalyzer.

I shouldn't have gone out in that condition, but at least I have something to learn from.

It says on the citation "Misd 5301 Public Intoxication" "Subject found behind establishment lying on the ground. Took OFCS multiple times to wake subject. Subject was uncooperative with OFCS and refused PBT."

I looked up 5301 and found [this page](https://www.michigan.gov/documents/MICRArrestCodes_June06_163082_7.pdf) which states that 5301 is "Anarchism"... wtf

I was held in a jail cell from around 2 am until 12pm the following day. My jail cell's phone was inoperable, so I wasn't able to call friends or family until around 11 am after multiple complaints of the issue were ignored.

Anyway, my questions are:

1. What kind of potential trouble am I looking at here? This is a first time offense.

2. I can't really afford an attorney. How much do I need one for a case like this? Will one be provided for me miranda rights style?

3. My next course of action was to call the DA's office and try to bargain with them. Is this a good idea? I really can't let a screw-up like this affect my professional career. (I need to maintain a clean record.)

Any other insight on the matter is greatly appreciated! Thanks

Answer:
 If you want to keep this off your record you need an attorney.  If it's that big of a deal professionally, eat ramen or whatever you need to do to afford to hire one.  It's worth whatever small-medium sacrifices you need to make.

 Do not go it alone and do not call the DA's office to try to bargain with them under any circumstances, because you **will** accidentally say something that worsens your situation.

You will only be provided an attorney if you literally can't afford one, not if you just don't want to spend the money hiring one.  Public defenders are for indigent defense, not "don't feel like hiring an attorney with my money" defense.  I am not sure of the specific requirements in MI but if you have an ongoing professional career you probably don't qualify.  Find and call your nearest Public Defender's office - NOT THE DISTRICT ATTORNEY's OFFICE - and I'm sure they will be happy to talk to you.

I'm not a MI lawyer, but from a quick search it appears as though MI repealed their anarchism criminal statute.  So maybe it's just an old classification that somehow didn't get phased out of the system?  I'm not sure on that point.


Title: Is this considered abuse? WA

Question:
My oldest nephew (elementary school age) needed a haircut, so his mom and grandma took him to it. His little brother (2 almost 3) who had one a few weeks ago went with and decided he wanted one. Once in the chair, he (toddler) started to panic and his mom told the woman to shave it all off (as punishment). He cried the whole time and she told me this part while laughing.

So my question is, is it considered child abuse to shave a child’s head as punishment, especially when it causes emotional distress?

Answer: Shaving a child's head is not abuse.


Title: audio recording to verify consent

Question:
i am wondering if it is legal (in one-party consent state) to secretly audio tape you and partner having sex (and obviously talking) in order to verify consent (if you ever need it).
if this matters (?), the taping could begin and end with the two parties speaking...so, technically, what would be recorded is a long stretch of verbal interaction overlapping with sex.

and we are talking one-party consent states/districts  like New Jersey, Delaware, DC....where as i understand it is legal to audio-tape without disclosure if you are party to the conversation.

Answer: Here's an idea: If you're with someone where you feel like you need this, don't have sex with them.


Title: [TEXAS]Is it legal for my cardiologist to withhold copies of my heart tests? What can I do to get them?

Question:
By the way, this was a cardiologist I saw using BCBS choice plan, if that changes anything(doubtful but no such thing as too much info right?).

Earlier this year, I ended up getting a round of tests(echo, heart onitor, stress test, ecg), and I only got a copy for one of them, my resting ecg.

I called the office to ask for them but they simply said they don't give them out.

This is disappointing because I still have symptoms and the cardiologist said they were clean. I want them on record.

Is there anything I can do? Is this legal?

And to be clear, I mean just a copy of the tests, not an explanation from the doctor of how the tests went. I got the explanation already, with her giving me her interpretations.

I just want a copy of the actual tests now.

Answer:
 You can make a HIPAA complaint to the state medical board about his refusal to provide your records.  You're entitled to a copy of your records, though they can charge you reasonable copying and mailing costs.

You may want to consider seeing another doctor to have him request the records.


Title: (Indiana) I would like to pursue charges for asslt w/a deadly weapon, after the report has been made and I did not initially *"press charges"*. What is the procedure, any other info greatly appreciated.

Question:
As title suggests, I had a police report made but did not choose to "press charges" (this is an unofficial term I am told) at the time the Police were around.

I would like to go through with it now, what am I looking to get myself into?

What happens after I file, assuming I fill out further paperwork and submit something, what goes forth next?

Anyone have any experience with this?

Just looking for information on Indiana Law and Procedure, thank you.

Answer:
 The way to do this, as others have pointed out, is to call the police department and tell them you changed your mind.

The problem with that is that they will have some (justified) concerns that you are not really serious about desiring prosecution.  It's been known to occur that a victim will not want prosecution at the time of the report.

Then, later, (s)he will get angry with the suspect about something unrelated and then want prosecution to occur.

Then they make up, and suddenly no prosecution again.

The police *hate* that game and often will not play it.  If you want prosecution and are sure you won't' change your mind, then proceed.

But know that if you DO change your mind again and don't want prosecution anymore that you will have forever tainted the perception that the police have with you for all future contacts.


Title: Pedestrian dented my car. Should I just let it go?

Question:
This occurred in a shopping center Orange County, CA.

I was stopped in a parking lot, waiting for a car to back out of its space, and giving a signal.

Suddenly something crashes into my car and I turn around to see a 2-3 year old boy standing inside a shopping cart that had run headfirst into my rear side panel(?).

The elderly couple was in the middle of unloading their groceries, and I guess did not pay any mind to their grandson and groceries left in their cart.

There is an obvious dent and scratch on my car that wasn't there before, but they insist that the cart did not cause the dent. In fact, they insist so much that they use the cart to demonstrate how it wasn't their fault, and leave two more smaller scratches in my paint.

They refuse to give me any sort of identification and block me from taking a picture of their license plate, all the while yelling at me as if it is my fault their cart ran into my car.

At this point, I called police, and the officer is able to procure a driver's license and allows me to take a picture of that along with their plates.

Now I have a dent with scratched paint, along with two scratches on my car.

Any advice would be much appreciated.

Answer: If you have comprehensive auto insurance notify your insurance. Otherwise if they won't pay for damages you can take them to small claims court. Get a couple of written estimates on damage repair to give to the court if you file a lawsuit. Answer #2: File a claim with your insurance and they will handle most of the suing for you. The couple was negligent and their reaction would probably dissuade me from just letting it go. But up to you.


Title: Apartment complex is asking me to pay for 2 months beyond my lease term.......

Question:
Hi all, I need help with my lease issue. I usually read advices on this subreddit quite a bit and you guys always provide awesome answers.

I signed a 3 month lease with an apartment complex. I paid a much higher charge because it was only for 3 months. Now that my lease term is ending, they are saying I should have provided them 60 days notice in writing.

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PS: In my lease it does ask me to provide 60 days notice.........however, since it was very clear I would only be there for 3 months, I thought it didn't apply to me.

The following are the reasons the demand to pay for the additional months beyond my lease is unethical and unreasonable:

1. The screen shot and my lease agreement provides evidence that my lease term is from 7/15/2018 to 10/15/2018.

2. I gave my notice several times verbally but wasn't notified to give it in writing.

3. Since my lease is only 3 months long and I am paying additional amount for the shorter lease, it doesn't make sense to give a written notice in 60 days advanced for a lease that is only 90 days long.

4. My lease clearly stated that it will end on the 10/15/2018

5. The apartment management told me that my rent for the month of October 2018 will be $800.00. However, upon paying the rent she demanded $1,500.00 (even though we clearly agreed upon $800.00 for the final month since my lease ends on the 10/15/2018.

7. It is not a month to month lease so it doesn't make sense for me to give a 60 day notice.

8. I have already cleared and moved out of my apartment since the movers were booked for 10/8/2018. I no longer have a need of the apartments beyond 10/15/2018 and would be handing in my keys that day as previously agreed upon.

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Please advise!

Sorry for the long post, I couldn't shorten it more................Thanks!!

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Answer: Your notice that it needed to be in writing is your lease. Yes, they can hold you to the contract.


Title: Employer takes a large percent of our tips. How legal is this? (Louisiana, USA)

Question: I will attempt to be as vague as possible while still spelling out what is going on because I WILL be fired if this is discovered (please don't debate this point) Me among about a dozen other service industry workers employed at a bar and grill work specifically the bar area where we spend the totality of our time as "bartenders" mixing and serving drinks for which we receive $2.13/hr. and any tips which the customers feel we deserve. The problem we have is that at the end of the night our credit card tips and our cash tips are added up and %10 of that total is given to the Manager of that night, 5% to the barback and an additional 25% to the "bar." In addition to all this we also get a small fixed amount taken from each paycheck to "reimburse the bar" for alcohol that we may or may not have consumed during that pay period (we basically drink for free as long as it is not top shelf) Now, my question is, is this legal? What avenues should I approach to try and rectify this situation and is there any legal precedent where a similar situation was taken to court? Thanks

Answer:
 The percentage going to the barback is probably not that bad, but the percentages going to the manager, unless they are also helping bartend, and back to the bar is illegal. If they were paying you flat minimum wage and not server minimum wage they would be allowed to get away with it (I think.)

The amount they skim from your check is also illegal- they either allow you to drink for free, have you flat pay for your own drinks, or have you pay in to a system that allows you to consume as much as you want for a flat fee (for instance my SO's work has a pay in option where if you pay a certain amount per check you get free coffee from the break area, but you have to pay into it to get that.)

Call your department of labor. There are laws in place to protect whistleblowers for these very reasons.


Title: Girlfriend was called a c*nt at work and disrespected numerous times by employee, she brought it up to the owner he did little. She had to work with the guy again couldn't take the treatment walked out and is being fired. {NV}

Question: Small business of 5 including the owner of 2 stores no HR department. She's being fired because she walked out. On the other hand she walked out due to harassment.

Answer:
 She needs to find a new job, and apply for unemployment in the meantime.

With just these facts, I'm not sure the if the actions rise to a hostile work environment, but I don't think so. Regardless, the employer isn't covered by Title VII.

On the other hand, she was fired and didn't quit, and likely qualifies for unemployment. Answer #2: A single walkout due to being treated poorly will probably not disqualify her from unemployment if she asked for her job back or was fired before she was given the chance.Answer #3: Yup. Nothing unlawful here, based on the facts provided. Even if it were *sexual* harassment, **and** you could somehow show that she was constructively terminated because of the working conditions, it would still not violate any laws. Title VII and the analogue NV statute only applies to employers that employ at least 15 employees.

Sounds like she just had a shitty job. No recourse that I can see.Answer #4: She doesn't have a right to walk out without repurcussions. Plain and simple. Being called a cunt once is not a hostile environment. She didn't even give them a chance to deal with it. She needs to grow up and learn how to deal with adversity in a way that ends better for her.


Title: I lost my job because a background check showed I have an active warrant

Question:
I'm not really sure if this belongs here or not so I apologize if this isn't the right place. I've been temping at this company for the past 3 months. Recently they offered me a permanent position. I went through the drug test, physical aptitude test, and physical from a doctor, and finally did my background check. Now, I do have an active felony case that I have not been to court on. This does not necessarily disqualify me for employment due to the nature of the charge. But what did disqualify me, is that the background check showed an active felony warrant.

I called my lawyer, he tells me I don't have a warrant, he would have seen the filing if I did. My supervisor told me if I get some proof that I don't have a warrant, I can come back to work. But the sheriff's office told me they won't type up anything saying I don't have a warrant and I don't know how else to get one. I sent my lawyer a couple of messages but he hasn't answered. I did call the background check company to dispute it but I don't know how long that will take and I can't afford to just not work.

This is in Alabama if that matters. What should I do?

Answer:
 Criminal background checks are covered under the FCRA there should be a way to correct erroneous information through the company that provided that check.  This should have been summarized in a know your rights statement that should have been provided when they notified you of the results of the check.    There should be a section titles  "You have the right to dispute incomplete or inaccurate information. "  The companythe employer used must under the FCRA have a way for you to attempt to dispute the report.

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   Also I am not familiar with the Jurisdiction but going to the court rather than the police would most likely be a better way to find proof of what is going on but your lawyer should have known that.


Title: Lent TV to friends, they won't give it back.

Question:
I lent my $600 TV to some friends in my building because my cable box wasn't working. They tried to get me to sign a contract saying that it is my TV but I didn't sign it because I thought they might've been trying to pull something. My cable is set up now and I want it back. They are refusing to give it back because I didn't sign the
contract. I'm just looking for some advice as to if their contract argument holds any weight and what I can do legally if they refuse to return it.

I live in Canada if this changes anything.

Answer: Tell them to give it back or you'll call the police.  If they don't give it back then call the police.  This isn't rocket science.


Title: My tenant signed a paper agreeing to leave in 30 days. Is there any thing she can do that would allow her to stay once the 30 days are up?

Question:
The paper says:
 I, <firstname lastname> am legally giving my 30 day notice to <my name>for my residence at <address>. My last day of occupancy will be Sunday, February 8th, 2015. On or before that date I will have all my possessions removed from the property.

<her signature and date>

<my signature and date>

She signed it like a child writing cursive for the first time, I believe she wants to make it look like it was forged. I watched her sign it and so did my other roommate. Can she deny that she actually signed it?

Being as she did actually sign it is there anything that would let her to continue to live here past the date on the form?

Location: Connecticut

Answer:
 > Being as she did actually sign it is there anything that would let her to continue to live here past the date on the form?

If she refuses to leave, you'd have to proceed with an eviction.  If you have cause to evict now, you may be smart to serve her immediately.


Title: [New Jersey] Is it considered soliciting...

Question: ... to offer money to an adult woman to worship her feet? Does this fall into a gray area? Or is this perfectly legal?

Answer: Grey area. Essentially the same thing as those professional dominatrices and/or strip clubs.


Title: Had a fistfight with room-mate. Got arrested, bailed out, but now he wants me in Jail, cus he feels "threatened" by me.

Question: [deleted]

Answer:
 You need an attorney. You can contact your embassy for help (they might or might not be able to help) and if you cannot afford a criminal defense attorney talk to the [public defender's office](https://en.wikipedia.org/wiki/San_Diego_County_Public_Defender). Make these calls first thing tomorrow.

I doubt your trial is next week, it's probably an arraignment. If you do not make these calls tomorrow for some crazy reason, at your arraignment plead "not guilty" and ask the judge to assign you an attorney. Do NOT try to argue the case then, do not say anything other than "not guilty" and "I would like to be appointed an attorney." But that shouldn't be necessary because you should have an attorney by then, right?

This is NOT something you can handle yourself. You ABSOLUTELY need an attorney. And communicate ONLY with that attorney once you have him.


Title: [VA]My sister got sent to a low security institution for molesting my brother.What will it be like in a low security institutions?

Question:
[removed]
Topic:
Removed

Answer:
 *Your post has been removed for the following reason(s):*

**Removal Reason**

* Nope, we are not doing this again with you.  Take this back to /r/Christianity or /r/relationships.

*If you feel this was in error, message the [moderators.](http://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice)*Answer #2: Even after all this you can't say "my sister raped my brother"? Just look in the mirror and say "raped" over and over until you automatically use that word to decide what your sister did. Your sister is a child rapist.


Title: Neighbor put up camera pointing into our yards but also directly into my living room.

Question: An unknown neighbor of the townhomes I live in put a camera high pointing into mine and his yard and right into my living room recording me. I feel like this is wrong and that I shouldn't fear like I am going to be recorded if I open my blinds or step into my yard. What do I do?

Answer:
 You ask your neighbor nicely to move their camera and get blinds if they don’t.

It’s not illegal for them to record things in view of them anywhere they have the right to be.


Title: Calling the cops on my brother for smoking cannabis in the house

Question:
My brother and his girlfriend have been using multiple drugs in the house and garage. Usually pills and cannabis but their drug addiction has gone to far. Its breaking my family apart, he acts completely different from who he used to be. His girlfriend hits him and yells all the time even when she gets her way. They usually smoke in the garage, should I call the police and point them in that direction when I know they are? I apologize if this is poorly constructed if you need any additional info I'll give it.
Topic:
Drug Possession

Answer: I will let you know right now: cannabis is not the issue.  The pills, however, are.  Lumping the two together isn't going to serve to help him, as it's going to limit the effectiveness of your argument for his sobriety.  Try tackling the pill problem on its own.  I'm assuming he's using opiates, which can lead down a very dangerous road.


Title: Missed connecting flight. Airline refused to give an alternative flight

Question:
Hi,
I'd booked a connecting flight from Mumbai to Amsterdam (Jet airways) and Amsterdam to Brussels (KLM royal Dutch airlines) . Both the connecting flights were on the same ticket (Pnr) number. The first flight landed on time.

However the time between the two flights was just 50 minutes (which I thought is sufficient since it is booked under the same ticket/Pnr number). As a result, the second flight departed before I could get past the immigration checks and reach the gates.

I've the following questions :
1. Is the airline liable to pay for the alternative flight in this situation?
2. If they're liable to pay, but have refused to do so, what are the actions I can take?

Answer: Was the 50mins. enough to make your connecting fight, or did the connecting flight leave early?


Title: [CA] Ex-Boyfriend is moving out. He is the only one on the lease, and he won't tell me who manages the property, nor will he tell me exactly when he plans on moving. Do I have any de facto tenancy rights to stay and take over the lease? I've been paying rent for one year here.

Answer:
 You do not have de facto tenancy. Your tenancy relationship currently is solely with the ex. You can try to find out online who [owns the property](http://www.co.contra-costa.ca.us/191/Assessor). Hopefully a phone # on that page will help lead you to this valuable info.

This is unnecessarily messy. Your ex is your landlord and he should have given you a 30 (or 60 if more than a year) day written notice to vacate, ending your tenancy. He could do this and that that would settle it and you'd both move out.

He cannot fully end his lease/tenancy with his mystery landlord unless you're gone, because he hasn't completely vacated the property, he has a subtenant (you) living there. He probably doesn't know this. And you'll be the one to suffer for it if the landlord finds you there after he has left and files an eviction against him and you (even though he's gone). That is supposing the landlord knows what *he's* doing.

Neither you nor he want an eviction on your records, as you'll have a very hard time renting again with that on your credit report.

If I were you I'd either look for another place to live ASAP or I would do everything I could do, Google willing, to find out who owns/manages the property, explain the situation to them, and see if you can stay. Good luck.


Title: If You Are On A Blind-Date And You Tell The Server At The Beginning Of The Date That You Are Paying By Separate Checks; Are You Legally Obligated To Pay For Your Date's Check If They Skip-Out?

Question:
This has become somewhat of a heated argument in another sub. So, will someone that actually has the credentials/authority to answer such a question, PLEASE do so? ***This is relevant to CHICAGO, ILLINOIS.

Say you are on a blind date. At the beginning of said date, you politely tell your server that you will be paying via separate checks. Your date proceeds to order the most expensive things on the menu and racks up a pretty big bill. You order like a normal person. Once finishing your meal, your date excuses herself/himself "to take a phone call outside". He/she disappears, leaving you to pay for both your check and his/hers.

My question is should the person who stayed be obligated to pay, even though "seperate checks" was clearly stated prior to ordering? Should the server have to pay? Or should the restaurant have to file a police report and force the non-payer to pay and possibly suffer criminal charges?

Please, wise lawyers of Reddit, educate this sweet, inquisitive gal ;-)

Answer:
 > This has become somewhat of a heated argument in another sub

Reads title again to make sure he didn't miss something.  Yep, it's as stupid as I thought.

The remaining diner is going to be on the hook to the restaurant, but *may* have a claim against the person who bailed.  The restaurant does not care that you're on a date or how you want a check split.  You two collectively owe the restaurant for your check.  How that gets split is between you two.

The server can't be held responsible by the restaurant.  IL prohibits deductions for shortages from a paycheck unless expressly and voluntarily agreed to.  And in this case, there's 0 chance they'd ask a server to cover half the check when another diner is still there.  Big pile of not their problem.

The dater who got stiffed can try to track down their date and get the money back.  That's up to them.  Criminal charges are unlikely because proving a theft as opposed to bailing on a dinner they thought was covered because the date sucked is basically impossible to distinguish in court.Answer #2: Hold on.  Why would they be jointly and severally liable for a bill?  The table isn't the unit - each diner is the unit once they've disclosed to the restaurant ahead of time that they will be paying on separate checks.  If we treat the dinner as an implied contract between the restaurant and patrons to exchange food and service for money, the upfront announcement that each diner would be entering a separate agreement with the establishment should control.

By the "table = unit" theory advanced here, diners at one of those trendy restaurants with communal seating are assuming liability for the bills of whomever is seated around them.


Title: Was assaulted and now debating whether to file police report and/or press charges

Question:
I will try to be as thorough as possible while taking into account privacy concerns.

Several weeks ago I was the victim of aggravated assault (weapon was broken bottle) and got stabbed in the neck. Fortunately it wasn't as bad as it could have been and I did not need stitches. However, the police were called to the scene but left without making any arrests. I was inside an apartment at the time cleaning the wound and was unable to talk to them. The assailant (friend of a mutual friend) reached out to me the next day and apologized profusely saying he was black out drunk and did not mean to hurt me, etc. He also offered to pay any medical bills but has not paid anything to date. There were at least 6-7 witnesses to the crime, the majority of which were his friends but if they lied to cover him in court I'd assume that's not a good idea.

I am in the middle of debating whether to go to the police department and file a police report. This is what I have:

-public record of the police being dispatched to that location at that time

-Several witnesses that I can name

-Visible wound on neck

If I were to do this I would file an aggravated assault claim against the assailant, who I do know is a previous felon. I would also get an attorney.

What can I expect?

Answer:
 So, I think it's important to clear this up here: *you* don't file charges. Your role in this is to talk to the police and cooperate in their investigation. They will then pass it along to the district attorney. *He* will press charges. You do not need a lawyer to do this, and you don't get to decide what the charges will be, or whether charges get brought.

Does that make sense?


Title: (IL) My mom was approved for FMLA and when she called her job to ask what her shifts (she is a nurse) will be when her FMLA is over next week she was told that she would have to reapply for her job and they don't have any positions available.

Question: My mother works as a nurse for a government run nursing home in Illinois.  She applied for FMLA and was approved for one month which ends after this week.  She called her job today and asked what her shifts are for next week and was told that they no longer had a position for her and that she would have to reapply for her job.  They then told her that there were no positions available which according to their job board isn't true.  Is her employer breaking any laws by terminating her position while on FMLA?

Answer:
 If your mother had approved FMLA leave, then they can't terminate her or refuse to offer her job back when she returns, unless she was part of a bona fide mass layoff unrelated to her being on leave.  Answer #2: Call an employment attorney. This smells like disability discrimination.  Even though the disability was temporary, it is still considered in the realm of disability discrimination.Answer #3: Consult with someone belonging to https://www.nela.org/   I used to LOVE this kind of thing!Answer #4: As long as you mother was not in the highest 10% and she has been re-certified to return to work they cannot deny her. Sounds like she called her supervisor or direct manager. Needs to contact HR/personnel department of this issue. The person doing the scheduling may not be aware of the regulations.

They have 2 days to return her to her previous employment status of her notifying them she is prepared to return to work.

Is your mother a Federal Government employee?Answer #5: Is your mom in a union? She should contact a steward, too. INA possibly.


Title: Friend With American Husband Being Refused Entry Into America, Where She Lives.

Question:
Hi there. My friend and I are Canadians. She married an American man in August 2018 and went down to the US to live with her husband. To my knowledge she has a traveler's visa but that's about it. She had plans to get a green card or work visa in April, though. Anyway, she came up to Canada last week to visit family.

 On the way back to America, however, she was refused entry into the USA and told she needed to stay in Canada. Apparently she signed some document at the border agreeing or acknowledging that she couldn't come back to the USA until she had an apartment or job--in Canada. Also, apparently when she tried to find a way around this or started freaking out, the border guard said he could have decided to straight-up kick her out of the US for ten years, so she should consider herself lucky. I don't know if this was just him being thuggish and threatening or if that's a real thing.

Unfortunately I've only gotten bits and pieces out of her about the details because she's really shaken up about it, so I apologize if I'm not giving enough information. Basically I'm just wondering if any of this sounds fishy, or if my friend is indeed in the wrong legally speaking. I'm also wondering if maybe my friend misunderstood the conditions of her return to America, because to me, it doesn't make sense that she needs to get a job and apartment in Canada in order to immigrate to America. I thought perhaps the customs officer meant that she needed to find an apartment or job in America? I also thought that the fact that she married a US citizen would mean she could live in the States easily.

Any resources, advice or assessments of the situation are much appreciated!

Answer:
 This is too secondhand for us to offer any advice. Your friend should speak to an attorney in Canada with knowledge of cross-border policies.

>I also thought that the fact that she married a US citizen would mean she could live in the States easily.

Yes, if your friend properly filed for a marriage visa, which she did not. Answer #2: If you marry a U.S. citizen, you are very likely to receive a green card (upon proving marriage valid and meeting other conditions), but you have to apply for that. When you enter the U.S. on a tourist visa, they ask questions to ensure you are legitimately planning to come temporarily and not immigrate permanently. She probably got caught up with that. She should look into applying for marriage based green card. Quite possibly should work with a lawyer if it's too complex for her to handle.


Title: Can police use illegally obtained evidence in an affidavit to secure a search warrant under oath?

Question: Given that the police consciously knew that the evidence procured was done under an invalid law, yet still used it to establish probable cause. Where there was no other alternative to legally establish the same.

Answer: When the illegal search/seizure is discovered by the defense, the court would probably suppress the evidence found via the warrant (on defense motion) as fruit of the poisonous tree.


Title: Why attorney's assistant is someone ho was listed as a witness against me in the case I hired her for 2 years ago. Is this a conflict Of Interests?

Question:
I have an ongoing legal case, it's been in 'limbo' for over a year due to the other party refusing to file their pleadings properly. When the case was more active, the other party submitted interrogatories naming my cousin (that I haven't had contact with in years) as one of their witnesses that would testify against me. When my lawyer read the interrogatories she was literally laughing at the absurd ness of the things claimed. Lawyer also said my cousin was one of her clients, she did her divorce, and said it might be a conflict of interest for her to testify against she but she wasn't sure.

The case never went to trial, and nothing has changed since last December. I don't really expect anything to come of it because the other party has been refusing since last September to file their pleadings because they know they will lose their case and my counter suit.

We were planning to use the same lawyer for our step parent adoption in a few months. I learned today that my cousin has been my lawyers new assistant, since May. My lawyer hasn't been answering my calls or replying to emails/voicemails (that her assistant is in charge of relaying to her)

My questions: was it a conflict of interest for my lawyer to hire a former client? Was it a conflict of interest to hire someone who is a witness against a current client (me)? I was thinking about getting a new attorney for the adoption, just because she's not great at answering calls and returning messages, now with my cousin working there...I don't feel comfortable around my cousin (who likes to lie and spread rumors about me)...is a lawyers assistant bound by privilege (like how lawyers can't talk about clients)? Or could she legally  go spreading my legal business around to whoever will listen?

Maybe not legal advice...but would YOU get a new lawyer?

Missouri

Answer:
 >was it a conflict of interest for my lawyer to hire a former client?

No.

>Was it a conflict of interest to hire someone who is a witness against a current client (me)?

If that was actually the case, maybe.  But for reasons that aren't clear, your case is inactive at a minimum (the other side refusing to submit pleadings would not be a reason why this is happening).  Additionally, the lawyer does not think the cousin testifying was ever a reasonable probability.

>is a lawyers assistant bound by privilege (like how lawyers can't talk about clients)

Lawyers are responsible for their employees' conduct in this regard.  They are at risk of bar discipline if their employees go around talking about their cases.

>Maybe not legal advice...but would YOU get a new lawyer?

If you are not comfortable, get a new lawyer.