Title: My sister falsely claimed she had autism, believes it, and now lives in a home that may or may not be taking advantage of her - is there anything I can do from a legal point of view?

Question:
Pennsylvania, USA: I'm very worried about my sister. A few years ago, she began to claim she had severe autism, out of the blue. She was able to explain her self-diagnosis to me in full detail, everything from her mental age of 7 to her sexuality. Things those with that diagnosis would not be able to explain. Seemingly overnight, she "developed" a severe stutter, major sensory issues, bad grammar (vocally and digitally, for example, she would say "I are autistic"), a childlike mentality regarding TV shows and stuffed animals (she carries one around constantly now), etc. She had some slight living issues before but was always welcome back at our house, instead she moved in with a "random" family we had never heard of (and told us was much further than actually is but we know that). She has always considered us close so she does talk to me a lot which is how I know so much about her.  I find it really suspicious that this family, who didn't know her, was randomly willing to let a "24-year-old autistic child" into their house with children. My mother took her to several doctors when she was young to test for these things and she was cleared of any kind of mental disability similar to being on the spectrum. Sometime last year, she said that they were looking into getting her on Welfare and had found a doctor (I believe a "family friend" willing to do it pro-bono but was unclear if it would be official). She is in karate classes and they take her to like movie conventions so I don't think it is a 'chain in the basement' situation, but I also know she cleans the entire house and cooks a lot of the food. I think they're trying to take the route of keeping her happy and helping her get the money so they can get it from her and keep it coming. She has also continued to regress at an abnormal rate. She now doesn't even text anymore but rather draws out her messages on a phone Notes pad. A lot of the letters are backward and many times they're very hard to read. I know mentally though this isn't where she is at because she draws pictures with quotes in cursive on paper and the cursive is always perfect and correct.

&#x200B;

I do think she has some form of mental illness, probably Munchausen syndrome, if that is of any help. I am here to ask if there is anything I can do at all legally? I am super worried she is being taken advantage of and the possibility that it may get worse if something is not done.

Answer: You can call APS if you feel a vulnerable adult is being exploited. You can also encourage her to get psychiatric care.


Title: I videotaped relations between my wife and myself. Now im being charged with a felony.

Question: [deleted]

Answer: You need a criminal defense attorney. If you did not get *explicit* consent yeah you committed a felony. "I'm sorry I thought you knew" is not good enough.


Title: I put my ID on a truck for an unreliable family member. They have not returned it yet.

Question:
The family member in question is unreliable and in a bad situation. They once had a rental car they did not return so they could sleep in it and only returned it once the company called them in to "Fill out some paperwork" and retrieved it. All of the paperwork and credit card was under my name. I only supplied my ID since they forgot to bring theirs.

They were supposed to return it today. Can I be held liable if they decided to keep it or worse, if they get into an accident or get a ticket?

Answer:
 They didn't forget their ID.

Of course you can be held liable -- you are the only one liable.  Answer #2: They had that sort of history and you still did that?
Are you nuts??
Of *course* you can be held responsible- that's the whole point.


Title: I'm adopted from another country and 18. My parents won't give me my US birth certificate

Question:
I'm using my phone for this so sorry for any mistakes. So I'm 18 and I was adopted from the Philippines from my auntie. When I came here to the US about 6 years ago I faced a lot of abuse from my auntie and her son. I also came with my 2 sisters. One was shipped back to the Philippines when she turned 18.

When I was 17 I was gonna be sent to the Philippines also until I ran away from home because I wanted to finish school here in the US. My boyfriend and his parents gave me shelter and fought for my independence from my auntie. We won since I was abused. Fast forward a couple months and I wanted my birth certificate and passport. They told us they shipped my birth certificate to the Philippines and lost my passport. We feel that is a really big lie.

I have my birth certificate from the Phillippines and nothing else but an outdated high school ID. I don't know what to do anymore. I've ran out of options and don't know where to turn. Please Reddit I need you guys to help, I want to get on with my life.

TL;DR: parents won't give me US birth certificate even though I'm over 18, I need my birth certificate for an ID and job

Answer:
 Your US birth certificate should be available from the state in which you were adopted.  Contact their vital records people and ask about getting a new copy.Answer #2: Hrm.  This is complicated because in California, to get your birth certificate, you need ID in order to get the accompanying sworn statement [notarized](http://www.cdph.ca.gov/certlic/birthdeathmar/pages/certifiedcopiesofbirthdeathrecords.aspx).

But you do have your Philippines birth certificate.  So that, along with a certified copy of the adoption order, might be enough to get you a California non-drivers state ID card, which would then be enough to get the birth certificate notarized.  I would contact the DMV and ask.

If you know what county the adoption was processed through, it shouldn't be that hard to get a copy of the judge's order.  You can check online about learning how to do that, or you can go down to whatever courthouse handles family law in your county and see the clerks.  Be prepared to wait, as clerks' offices are very shorthanded.

Other than that, you could try to get a Filipino passport issued through their consulate, and that would be sufficient ID to get the affidavit notarized.


Title: two students get scammed by traveling auctioneer in Daytona beach, Florida during vacation.

Question:
Sorry for the wall of text incoming.

My gf and I are seeking legal advice or help. So we were on vacation in Daytona Beach when we stumbled upon an ad for a “seized and forfeited assets auction”. The ad says that there are “Jewlery & Fine Art SEIZED by police & federal agencies”. It also says that all art and jewelry are authenticated and certified. At the very bottom of the ad, in very, very fine print, it has a name of the “real art auctioneer company” (this isn’t the real name). However, we did not see this until it was too late.

When we arrived, we asked if this was the police seized auction. They just replied with “no just an art auction”. It was a little weird at first. The auction people told everyone that since there is a small crowd, they will only put items that are wanted to auction; they told us to put sticky notes on those that we want to bid on.

Once the auction started, we bid on 4 pieces thinking it was a legit auction. The auctioneer kept on spewing things about not being able to give prices, stating how he could get in trouble for giving false information or estimates.

He would beg and plead,saying how disheartened he was about some pieces that no one would bid on.

 We later find out he was grossly overpricing the items, selling “fake items” “misrepresenting items”. Apparently this man has been in trouble before. We tried to do our research before going into the auction by doing a simple Google search of the company, but they were posing as “a completely different company art gallery”. Since it was a new name, apparently, nothing came out. The license seemed to check out too. It was not until we got home from our trip that we felt something was off. After doing a little digging, we find out that their family have been running this operation for a long time. They were involved in a controversial “Bernie Madoff” auction, in which they sold fake items and passed them off as real Bernie Madoff property. Apparently, they have been banned from auctioneering in 3 states and have had several arrest warrants out for them before. They always seem to disappear after holding a certain number of auctions, making it impossible to even get some kind of a refund or even hold them responsible.

On ripoff report and on news article online, they show how they have a history of selling fake jewelry and fraudulent art pieces. They have “ghost bidders” that make it seem like there is a real auction going on;  as soon as you bid on a piece, then all bidding stops. After seeing this report, I realized how odd it was that whenever we would bid once, we would win.

Apparently, they only have one or two pieces of art that are actually “seized by police” and the rest are bogus. They lure you in with a “bait and switch”. They told us that each piece came with proof of authenticity. The certificate literally looks like someone typed it up on Microsoft word and printed it out; it looks fake.It was so bad they made a typo on it and then try to write it over in pen. It is impossible to trace back a few of the paintings since the titles are all wrong and certificates are unclear and fake.

My girlfriend and I are looking for more information about what to do. We already went to the local news station that did a report on him before. We did an interview with the reporter that wrote the piece originally and he is trying to help us. We are already trying to dispute the charges based on the false advertisement and the authenticity of the art with our banks. I’ve spoken to the “owner” of the gallery and he keeps telling me that he will look into giving the money back. I doubt it, because he keeps on spewing crap about how the pieces are authentic and how the certificate proves it. We are in the process of trying to get the art checked out, but it takes a while to find someone who specializes in these pieces.

These guys seem to only succumb to pressure if they get more bad publicity. Every lawyer we’ve called so far just tells us they cannot help us at the time and to go to our state's bar association. We are two recent college graduates who apparently fell prey to these predators and now are in a predicament. If anyone has any advice, information, or has had something similar like this happen to them we would greatly appreciate any help.

They’ve had racketeering charges before too. These guys have a shady business and I just want my money back.

I was not sure if I could post links to all the rip-off reports, bbb reports, news reports everything about these guys. I don’t think I can, because of posting personal info. But i have them on hand.

TL;DR Don’t always trust traveling auctioneers even if they are holding auctions at known hotels because apparently the hotels know nothing about who is renting out space to hold an event. Now I need legal advice to try to get money back.

 Sorry for the awful writing. In return here is our cat tiger who is apparently not stressing out as much as us.

http://imgur.com/bbpiFgZ

http://imgur.com/kjxqJ3v
Topic:
Business Law

Answer: I have no idea how to help but I'm leaving an up vote for the cats


Title: Ran a schoolbus. What do I do now? (VA)

Question:
Bits of information:
I just got back from overseas, and am plus 6 hours jetlag.
My school district had a 2 hour delay that I didn't know about.
Incident occurred at 9:30 am.
We just had a snow storm, and the roads were icy.

So, today was the first day of college for me, and my first class is at 10:30. I had just returned from Austria, and was severely jetlagged. I set out to get to my local community college, and turned on to the adjoining road next to my house, and saw a schoolbus coming down at a decent pace. As it was 9:30, I was confused as to why there was a school bus on the roads, and didn't see any kids. It slowed down at an intersection, and stopped when I was about 35 feet from it, face on. It then proceeded to deploy its stop signs, which surprised me. (and at this point, kids emerged from the garden across the street) I slowed to stop, but it was too late, I passed the bus (while it was honking at me furiously) and stopped finally at its rear left corner. I waited there until it not only pulled in its signs, but had begun to drive away.

I am absolutely appalled at myself. And I'm absolutely shaking. I'm 19 and have never committed a traffic violation before. I have very little income (freelance computer repair) and can't afford potentially hiked insurance premiums. Or a ticket, for that matter. But I did stop there, so if the driver wanted to report me, he/she could have easily written down my plate number.

Should I report myself? Not? Wait? What should I do here? I feel like a piece of shit, and I bet that everyone on that bus thought I was too.
Topic:
Traffic and Parking

Answer:
 > Should I report myself?

No. Never ever admit to anything like that. You do nothing unless you're cited.

If so, you talk to the prosecutor at your court date and ask about getting into a diversion program, taking traffic school, etc. It shouldn't be a problem since you have a clean record.Answer #2: Look, the fact you're mortified about your actions, and signed up for Lyft to avoid these issues in the future, show that you're clearly taking this seriously - which is the point of a citation.

Don't report yourself, just learn from this mistake.


Title: [AL] Employer has started deducting cost of business from my commission and I wasn't informed

Question:
I work for a small, family-owned business that pays me a flat, 5% commission based on my sales. I've been here since the day the doors first opened in 2012, and it's always been just that simple: I make 5% of the sales I accrue on a monthly basis. If my sales report shows that I produced $1000 in sales, then I get a check for $50 (minus tax of course).

I can check my sales reports at anytime, and so I'm always able to calculate the amount of commission that I should expect. This month, my calculations showed that I'd be receiving around $4000 for my work. Instead, my boss gives me a check for $1440. I asked him if he could explain how he arrived at that amount, and he said that they've started deducting the product cost from our sales figures because our wholesaler went up on their cost. So since their costs increased, my payment has decreased is basically what he told me.

Shouldn't they have mentioned any changes in commission to me before implementation?

*I should also mention that our commission agreement was a verbal one, but I have copies of all my sales reports + commission reports from the last three years that clearly show a trend in how I was paid.

*Also worth noting: One of the original business owners (owned 50%) retired in March and someone bought his portion of the business to replace him. The new owner specifically told us in our first meeting with him that our commission structure +payment structure would not change now that he was here. He's the one handling our payments now.

Bonus question: If I'm also a salaried employee at this business, should my employer be penalizing my weekly checks for things like leaving early to go to the doctor? I don't get paid extra when I work more than 40 hours, so why should I get paid less if I work 35?

EDIT: Thanks to everyone who took the time to help. I had a feeling this was a little shady, but I wanted to get some more opinions on the issue before I made a move. This sub is always full of helpful people and I'm indebted to you all for your time and advice!
Topic:
Labor Law

Answer:
 You're entitled to your commission at the promised rate, up to the point where you were told that there is a new structure in place. I.e., you are owed the full $4000.Answer #2: >should my employer be penalizing my weekly checks for things like leaving early to go to the doctor

Absolutely not. They can only deduct if you miss a _full_ day of work. They can't have the luxury of not paying you OT _and_ impose hourly wage rules too.Answer #3: IANAL but I have doubts on a wholesaler upping their cost to the point where you would lose out on more than half your commission. Unless wholesalers that you buy your materials from all of a sudden increased their prices by 30+%, which most companies that increase cost, warn their buyers beforehand. And if they warned the company of their price change, you would expect that company to notify their sales team about the changes in cost and how its going to affect your comission.

This just sounds like an excuse that your employer is making to take your commission away, so that he can stick by the commitment he made to you that your commission and payment structure would remain unchanged. The thing that makes this kind of apparent is the fact that he didnt notify you of the change of wholesale prices affecting your commission.


Title: Am I paying for 3 kids even though I only have 2? [TX]

Question:
  First and foremost I'm on mobile sorry.

  I'm a little confused on some of the paperwork that I got today in the mail. I pay child support for two kids neither would live with my ex. My daughter is with the grandma and my son is actually with an aunt and uncle who refuse to fight to get the child support routed to them because they are afraid of a custody battle to happen.

  The first case my ex got both kids. Then the grandma fought for custody for my daughter and I pay child support to her. But I still seem to be paying child support to my ex for both kids and then the grandma to? I only wonder if this is possible because I got a second job to be able to survive here and I got some papers stating they'd be taking child support out as expected.

  I got two sets of the same notice. One for the grandma's case and the second for my ex's case. For my ex though it has both names of my children listed on it instead of just my son. So am I paying for 3 kids when there are only two or what are the possibilities of this happening?

 Another question is the paperwork States I have to pay $908 a month now because of my second job. Is this in total the full amount of what they are already garnishing from my checks for both jobs, or are they seriously expecting me to pay what I already pay at the first and that extra from the second job?

They already take 54% from my first check as is... I'm bringing home like $400 a month. If I wasn't married I wouldn't be able to afford anything at all... That's why I got this second job which still pays less than my first and now that's being garnished too and I just need some dang direction in all of this. I've called so many times and all I get in the end is "You should get a lawyer." I would if I could afford it!! Yet here I am.
Topic:
Custody Divorce and Family

Answer:
 Before you get an attorney that you can't afford, gather up all of the legal documents concerning child support and custody (particularly grandmother's involvement). Find closest local office of Child Support Division, Texas Attorney General's office (which administers child support in Texas), and visit the office. Dozens of locations throughout the state ( [locate here](https://csapps.oag.texas.gov/locations/offices) ). According to their website, it's one of the options if you have questions about your child support case.

They won't/can't act on your behalf like an attorney would. They can't change or modify court-ordered child support, but if they've made an obvious clerical mistake that deviates from that order, by double-counting a child for example (such as you're suggesting), they have an obligation to correct, once brought to their attention.

If, after visiting, you feel your problem wasn't properly addressed, you can file a complaint at the field office, or [here](https://childsupport.oag.state.tx.us/wps/portal/CSIMobile/MobileCSIFeedbackPublic/!ut/p/a1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOItDCwsDC1MDLwNzI1cDBz9_I19fRxdDQ0sjfQLsh0VAa-EpEg!/), online.

If still unresolved, despite your best efforts, consult your attorney.Answer #2: It's not impossible that they've screwed up the paperwork and have you double-paying for a child. It's unlikely, but stranger things have happened.

You need to take all of the paperwork to an attorney to have it reviewed. If you can't afford one, see about [legal aid resources](http://www.txcourts.gov/programs-services/legal-aid/). Answer #3: It sounds like you'd have a good case for getting custody of both kids.


Title: Can parents withhold the entirety of prescription drug the child is freely choosing to take?

Question:
Say there's a 16 yr old kid named Jim in Arizona who has ADD and recently asked to be prescribed adderall to help manage his symptoms and has made it clear to his parents and doctors that it is his own choice and expresses that he doesn't want to feel forced, so he stores and possesses his bottle of medicine. Now what if his parents decide to take his medication and he feels like he isn't in control of the decision which was something that was his choice in the first place. Are his parents allowed to possess his adderall specifically prescribed to him? Can he demand the entirety of his prescribed medication?

EDIT:  just learned his medication isn't adderall it's a Ritalin type called metadate or something

Answer:
 Yes, a child's parents can maintain control over their child's ADD medication. Answer #2: Kids don't decide what they should be prescribed, and how they store and dispense their medications. Answer #3: Yes; actually its an effective way to prevent overdose kids with add tend to forget things.
Plus with add meds addiction can lead to misuse


Title: Somebody used our address for their houses mortgage...

Question: Hi. I live in cook county, Illinois. Our address is very similar to that of our neighbors. The address is exactly the same besides a Street and a Place. This all started months ago when our neighbor told us a woman was on our property taking pictures of our house. Then one day we had a slip on paper put on our door that looked like an eviction notice. I don’t remember exactly what it said but It something behind the lines of that we were back on our mortgage. We’ve called the company repeatedly and they’ve assured us they’ve fixed the problem each time. Except after every call there’s been someone taking pictures of our house from the company. What do we do? It seems as if our neighbors took out a mortgage on their house, using our address. All the time we get packages and mail for them, with their name and our address. Over the years, we’ve had pizzas delivered, tons of landscaping rocks delivered onto our driveway, we’ve had trees cut down on our property from a landscaping company thinking that we were there house. None of that is really an issue to us, but we are concerned about this.

Answer:
 It might be worthwhile to get an attorney in on this.  Here's why...

It sounds like your neighbor is behind on their mortgage.  Let's say they get foreclosed.  Someone may actually show up at your house demanding you leave.  They may even be able to get the sheriff to come and put your stuff out on the street.  Granted in so doing, they would be in the wrong and you would be able to collect damages, but this process would be massively disruptive to your life.

Best case scenario, this is an innocent error, which could wind up harming you substantially.

Worst case scenario, this some sort of intentional deception which could wind up harming you substantially.

Probably get some paperwork to keep on hand indicating you are the rightful owner of your house.  Deed, statement from the mortgage company, etc..   Probably even work through your local government to get documentation.  Is it possible that the record of sale for your neighbor's home actually has your address on it?  If so, their bank may attempt make a claim to your property in the event of foreclosure, which would have some consideration on its merits.

Given the stakes here, I think it would be best to get this worked out now as opposed to later.


Title: Man makes 10x more than gf, yet refuses to help pay for their child's expenses. They all live together. Best options?

Question:
My sister has a child with her boyfriend, they live in his home in California. Before their child, she worked full time as a manager. Since having their child she has had to cut her hours in half, and she earns less per hour now because she can't fulfill the time requirements of being a manager anymore. She had to cut her hours because he refuses to pay for a babysitter. On top of not cutting his hours, he works overtime now and makes six figures while she makes about $16/hour. He complains whenever he does have to watch their child, frequently making her return early from work to take care of the child.

&#x200B;

For their child, he gives her about $60/month for diapers and the occasional meal and the child is on his health insurance. She pays for everything else (clothes, food, school stuff) on top of her own bills and those of their new kitten. He originally split the cost of the kitten, but almost immediately decided to stop helping out with those payments. His reasoning is that he pays for his mortgage and the utilities have gone up since she started living there and the baby was born. If they leave, the mortgage *will stay the same and is well within his budget*, and the utilities are insignificant by comparison. Every time she brings it up he just beats around the bush and says she decided to get the cat, and that she should be able to afford anything because she doesn't pay rent/utilities.

&#x200B;

For comparison, she is almost through her savings just to pay for food and phone/car payments while he is able to spend hundreds of dollars (maybe more) a month on luxuries and hobbies. She does 95%+ of the parenting by time and covers all other costs excluding healthcare and the mortgage (which he had before she moved in) while making about 10% of what he makes in a year.

&#x200B;

Is there a way to make him pay for more expenses without her moving out and filing for child support, or is filing for child support the best option?

Answer: She can move out and file for support. That may not be the best financial decision. But that is her option if she wants to get a court order to force support.Answer #2: Time for her to move out and file for support. He does have a point that he is currently providing a roof over their head (assuming your friend isn't making anything towards that). If she wants to force him to pay support she has to file for it.


Title: [Jeeferson County Alabama] My friend was arrested for controlled substance.

Question: My friend was arrested for "UNLAWFUL POSSESN OF CONTROLLED SUBST" and the drug wasn't his. The guy who had the drug didn't claim it has his. So my friend got hit with the charge. My friend was the one driving the car. What is the best way to go about this. He tells me he honestly didn't know the guy had it on him.

Answer: He should hire a criminal defense lawyer ASAP.


Title: Company wants me to be the 'middle man' - sending money from their customers through the mail. Is it legal?

Question:
Basically, a company from overseas (Russian company) wants me to send money overseas, I am wondering if it is legal. Found this job online and its good money. I have to give them my bank account and do the following-
To process the orders the following steps should be completed:

- check your email and read the processing instructions
- go to any ATM (or directly at the bank desk if you don't have a debit card) and withdraw the amount received
- go to the post office and send the amount due to our Headquarters.
- send us a confirmation email after the processing has been completed.
I am working in Australia
Topic:
Tax Law

Answer:
 Why is this still a question?

It is a scam. An obvious, blatant, known about scamAnswer #2: Scam. Scam. And obviously scam.

Lets explain why. They'll send you money (probably a fake money order or cashiers check or bank transfer). You'll withdraw the cash. 10 days later your bank will tell you the transfer/money order/cashiers check was fake and claw back all the funds.


Title: Termites in townhouse, landlord not believing its an issue? What can I do?

Question:
I'm a college student, living in a college town in Florida. I currently live in a small community of townhomes owned and operated by the same man.

Recently I've found about 15 termites crawling around my bedroom. I killed most of them and saved two in a plastic bag. When I informed my landlord, he came over took a look at the two in the bag doesn't believes they are termites and assumes since I haven't seen any since the first initial day, there must have not been many of them and the problem is taken care of. After reading online, I know that is not the case. Termites can lay up to 30,000 eggs in a single day, and most likely they're just hiding in the walls, eating all the wood.

You would think my landlord would be worried about the townhomes, but to me it just seems like he's worried about paying the cost. When I called a termite company, they said because I do not own the property they cannot come out to treat it without the consent of my landlord.

From a legal standpoint what options do I have?

Answer:
 Now that I see you're in Florida (thanks for editing your post!), it appears Florida Statute §83.51 does specifically require the landlord to provide for the extermination of "wood-destroying organisms."

You need to serve your landlord with written notice of the issue (keep a copy and proof of delivery for your own records). If he fails to rectify the issue within 7 days of delivery of the notice, you can terminate your tenancy and move.


Title: [FL] Unique birthmark on baby. Doctor says it's normal. 10m later had to have immediate surgery due to birthmark that could have resulted in death.

Question:
My son is now 10 months old. When he was born he had an  ultra sound done on a unique birthmark on his back called a sacral dimple. We were told it was normal. My son had routine pediatrician visits and every single visit I would ask them to look at his birthmark and ask if it was normal. The answer I always received was - "Did he have a ultrasound done on this?" I responded - "Yes at birth, it was fine" And they always said "Okay, then it's normal" A few of the visits I expressed my concern about the tenderness he had in the area. At around 9 months old I brought him into the hospital complaining about the tenderness and concerns for his birthmark. At this point, the birthmark was bigger and was growing hair. I did a lot of research and I thought my son's doctor(s) was wrong. The hospital referred me to a neurosurgeon who took one look at the birthmark and said it needed an immediate operation. A week later they preformed a laminectomy to remove a dermal sinus track but during surgery they found more going on. He actually had 2 sinus tracks growing half way up his back, tumors and cysts growing along these tracks. The neurosurgeon said my son could have been paralyzed, accumulated infections, had bladder problems, have gotten meningitis and a list of complications if this issue had not been taken care of as soon as it did. He told me it was only the second case he had ever seen of this and that it was very rare. My son is now recovering from surgery and has a 6" incision healing on his back. Had I listened to his doctors, who knows how long the sinus tracks could have went and what condition he would have been in before we addressed this. The only person concerned about this birthmark was me which resulted in lots on online research. His pediatricians never expressed any concern about it.

I guess what I want to know is if I have a case worth pursuing. I know very little about law. I do know that had I  not addressed the issue my self..my son could be sick, had complications or died. What if these pediatricians run into a similar issue and ignore it like they did my son.. If they did a simple online search like I did they may have referred me to a neurologist possibly and then my son's incision probably would not be as large as it is and tumors may have not formed yet.

Any advise, comments or anything is very much appreciated. Thanks

Answer:
 > I guess what I want to know is if I have a case worth pursuing.

Medical malpractice is very fact-specific.  You'd need to talk to a medmal attorney for a good read.

My first question here would be "What damages do you have?"


Title: [CT] My brother is selling digital accounts on eBay

Question:
I just want to protect him from any legal issues and want to see if what he's doing is illegal (I understand that it's somewhat immoral but I want to make sure it's not illegal).

&#x200B;

He makes fortnite (online video game) accounts, plays them once or twice, and lists the accounts on ebay. His listings say something along the lines of "Random fortnite account" and the buyer pays about $5 for the chance to win a really good account or some lame account that he's played twice.

&#x200B;

He makes it clear in the description that buyers may receive a brand new account or an older account with tons of digital merchandise. I know for a fact that this is against the game developer's policies, but is it illegal for him to do this? It's not as though he only gives people bad accounts, but he's still selling some bad accounts to people (although he clearly indicates that they may receive a brand new one).

Answer: He's not breaking any state or federal laws. He is likely breaking fortnite's terms and conditions which could result in a banning his account and IP.


Title: [ME, USA] is it illegal to accept food delivered to the wrong address?

Question:
Exchange goes like this:

Delivery person: is this 123 Your St?
Me: yes, I didn't order anything. What's the name? (Checking if it's neighbor's delivery)
DP: so n so (not myself or neighbors)
Me: 1-2-3 Your St???
DP: yup (double checked)
Me: well if you don't want it...?
DP: happy holidays (hands chicken wings to me and scurries off to finish other deliveries)

This has happened multiple times in the past month alone, usually less frequently but maybe just amping up due to the winter weather..?

It feels wrong to accept it BUT if they're going to throw it away back at the restaurant..? They wouldn't deliver cold food? Idk I've never worked in food service so idk how that scenario works from their perspective. I'm just looking at it from my perspective, single mom to two under 3y. A small pizza or chicken wings will feed us for 2 meals... The person who ordered will eventually get their food refunded or a fresh order delivered. Sucks to wait but I don't think they'd be totally screwed.

I assume the fault lies on the deliverer OR the person who took the incorrect address (online would be the orderer's fault, over phone could be either person's mistake)

So morally murky, but legally? Is that theft??

Answer:
 If you are stating that this is the correct address but that you did not order any food each time, and the delivery person is telling you that you can accept it, you're more than likely in the clear.

It's also a possibility that somebody is ordering food for you as a gift.


Title: What is your legal recourse when unjustly removed from a flight?

Question: [deleted]

Answer:
 Would love to get the other side of this story.

I'm not a betting man, but I would wager that maybe, JUST MAYBE, there was alcohol involved.

At least, I find that often times when I experience singing in public followed very shortly by being asleep that I or the person doing it is drunk.Answer #2: If you were loudly singing in public they probable thought you were drunk and removed you before the flight took off as a precaution.  Not much you can do about it,  they didn't remove you due to a protected reason ( for example your gender) and since you claim you were asleep you don't have the full story of what your friends were doing. Answer #3: You go from singing loudly AS YOU WERE BOARDING THE PLANE, to being sound asleep 30 minutes later?  My guess is the flight crew reasonably assumed you were drunk and that's why you were removed.  Your behavior definitely suggested that you were drunk, as people who are NOT drunk certainly don't behave that way.  Take this experience into account the next time you decide to behave inappropriately for the setting.Answer #4: *Note, I am not a lawyer* I believe that they have the right to remove anyone if it is determined that you are disturbing the other passengers. It is probably similar to how a company technically has the right to refuse service to anyone. I can tell you that you definitely should not have deleted the recordings. No one has the right to force you (though in this case you did it willingly) to delete footage. Now, here is the real question. Truly, why did they remove you from the plane. Is there anyway that you may have been rowdy?


Title: A man pulled up to me in a parking lot and began masturbating (AZ). I contacted the police and want to press charges. What charges can I get him on?

Question:
I created a throwaway for obvious reasons. I decided to go shopping today and parked my car. Mind you it's a Saturday afternoon in broad day light. I got out of my car and felt a car following me. I looked to my left and saw a silver suburban. He backed up and when I looked at him he was actively jacking off.

He had no pants on and stared at me while jacking off and nodded at me in a "yeah this is what I'm doing and I'm enjoying it" fashion. I freaking out and told him he's sick and that I am calling the police. I got his plate number and called the cops.

They showed up, had me do a photo line up (got his license plate Buber) and I selected the right guy. They said they will send me victim rights through the mail and let me know when they arrest him. This happened in Scottsdale. They asked if I want to press charges and I said absofuckinglutely. What charges can I get him on? Sorry if this is messy but I feel violated and I'm in shock.

Any help would be awesome. Thanks!

Topic:
Criminal Law

Answer:
 You can't "get" him on anything and you can't press charges. When the police ask if you want to "press charges" they are really saying "do you want to file a report" but they say "press charges" because it's a colloquial shorthand.

The police will choose whether or not to forward this to the local DA, and the local DA will choose (a) whether or not to prosecute and (b) what to charge this moron with, if anything. Chances are they will, but that's just a guess.Answer #2: You don't "get him" on anything.  You made the report- the police will investigate and forward it to the prosecutor.  The prosecutor will decide what if any charges get pressed.


Title: [GA/NC] Family friend was rushed to get an emergency appendectomy but suspects doctors messed up the procedure leading to many complications. Is there any chance of recourse?

Question:
My mother and her friend live in NC. Her friend and his spouse were on a business trip to GA, when he required an emergency appendectomy. He was taken to Emory Johns Creek Hospital early last year, and he suspects that the doctors/surgeons did not properly inform him of the risks involved with the procedure, nor did they perform the procedure to the best of their ability.

Given that he has a hard time with English, his plea was transcribed from Korean to English with the help of one of his RN friends and myself, then sent to multiple medical malpractice law firms over e-mail in the hopes of getting the case reviewed and possibly beginning a case on a contingency fee basis.

Additionally, we are aware that most medical malpractice lawsuits have a 2 year statute of limitations, as it is in GA, so it is an urgent matter but none of the law firms have adequately replied to the e-mails.

Below is the aforementioned document:

>My name is /u/chrask and I am writing to you on behalf of the victim, (FIRST LAST), due to a language barrier. We would like an evaluation of the feasibility of his medical malpractice case based on the following information. If it is feasible, we would also like to know about the possibility of proceeding on a contingency fee basis.

>Name: (LAST, FIRST)

>Address: (LOCAL ADDRESS)

>Tel: (LOCAL PHONE)

>RE: Suspicious Medical Error Related to Surgery of Appendectomy in Emory Johns Creek Hospital (EJCH) on January 12, 2016

>My name is (FIRST LAST).  I felt an uncomfortable feeling below my umbilicus and indigestion and visited urgent care in Tennessee on January 9, 2016 where I was diagnosed with possible appendicitis. I then visited (DOCTOR 1) MD office on Jan 11, 2016 then had an MRI at 11am Jan 12, 2016. The MRI results showed appendicitis, leading to my admission to Emory Johns Creek hospital ER (In Johns Creek, GA) for surgery at 5pm on Dr. (DOCTOR 1)’s referral.

>The surgeon explained about the appendectomy procedure, saying it will take about 30 minutes for the laparoscopic procedure. He did not at any point explain about the possibility of open abdomen procedure. The surgery started at 11pm. When I woke from the anesthesia, I was in room 211, on NG tube with suction machine, on Foley catheter. There was a middle abdomen incision with multiple staple sutures. Peripheral IV was on. The surgeon mentioned that the surgery time got longer than expected because my appendix ruptured.

>The next day (1/13/2016) I was escorted out of the hospital and recommended exercising and followed a diet as the doctor prescribed and I followed every instruction as ordered. However, my abdomen was becoming more and more distended as time passed. We rechecked the CT on Jan 19, 2016 and found intestinal stenosis. I had to undergo another surgery again on Jan 20, 2016. After surgery, I received an urgent blood transfusion of 2 units because of hypotension as well as my condition getting worse. I was then transferred to ICU (room 424) on Jan 21, 2016. On Jan 28, 2016, I felt pain to my lower right leg and had an ultrasound done, which showed a blood clot to my right leg, checked abdominal x-ray either. On Jan 29, 2016, NG suction was done then stated clear liquid and CT checked next day (Jan 30, 2016), NG line removed at Jan 31, 2016, PICC removed Feb 2, 2016 and discharge from hospital at Feb 4, 2016.

>I suspect medical error related to surgery of appendectomy in EJCH because when I signed my consent to appendectomy with laparoscopic procedure, the doctor failed to mention about the possibility of open abdomen at that time. Meaning my appendix condition was good enough to surgery with laparoscopic procedure, I believe the surgeon made an appendix rupture or colon perforation, possibly by a laparoscopy handing mistake. Furthermore, after the appendix rupture, the post-procedure treatment of exercise and diet prescribed by the surgeon was insufficient, which led to a development of intestinal stenosis, forcing yet another surgery and even a blood clot to the leg as an additional complication of the abdominal surgery.

>Please review my case and assist me in fixing this medical error.

>Edited by: /u/chrask

tl;dr: Family friend has possible case for medical malpractice

Answer: IANAL and IANAD, but it's a pretty standard disclaimer that laparascopic surgery may have to become open surgery. I'd be surprised if it truly was never mentioned in the consent forms, but going from a regular doctor in the morning to MRI to surgery that afternoon is bound to be a pretty hectic day with a lot of information thrown around, making it very easy to miss chunks of it. Inflamed appendixes *can* rupture completely on their own, which is why appendicitis is an emergency.


Title: Viking Funeral

Question:
Can I have when dead the will to have a viking style funeral with the boat on fire with my possessions
Topic:
Wills Trusts and Estates

Answer: Would need location to answer this question at any length.


Title: Trespassing into a music festival questions.

Question: Okay so this last week I went to this EDM festival called Paradiso in Washington State and while I was walking down to the main stage two security guards accused me of jumping over the fence into the festival even though I did no such thing. I told them I had two friends that I walked in with that can vouch for me and showed them my ticket that you need to get in with and they still would not believe me. Anyways they said I would not be going to jail because they were "too busy", but would still be kicking me out, which they did. So I was just wondering if they were actually allowed to kick me out as I payed the $115 to be there which they pretty much stole by kicking me out and also if they weren't "too busy" could they have actually charged me with trespassing even though I had my ticket?

Answer:
 Contact the company that handles the organization. It likely won't matter now, but they may refund you. Blow up their social media pages. I had a bill changer eat a $5 bill of mine at an amusement park in Southern California and was gifted a $50 American Express gift card when I posted about it on their Twitter.

Yes, they could have called the police and had you cited, but it would have been as simple as providing proof that you paid the price for entry and weren't re-entering after being kicked out already.


Title: Garbage Collection Ordinances

Question:
Not sure if this is the right sub, but I have a question about garbage collection ordinances.

What is the origin of the 12 hour rule for picking up your garbage can after collection? Does the rule vary across cities or is 12 hours standard? Has anyone ever heard of this rule being changed to accommodate citizens who work 12 hours shifts?  Some people may be in violation simply for putting their trash out and going to work the same day.

Answer: Super hyper local. Down to the city/town/HOA level. There is no universal rule or ordinance.


Title: My dad's friend voted for my sister and I without our knowledge or consent. Legally, what is my best option? [Canada]

Question:
I [posted in /r/relationships about this,](http://www.reddit.com/r/relationships/comments/2k27v9/my_210_f_dads_friend_60_something_m_broke_the_law/) but, essentially, my dad's friend voted for my sister and I in order to get their friend into power. Not only that, but he registered *his* family as living with us (he doesn't live in the city) so that he could vote.

My sister and I made it clear to our dad that we didn't want to associate with his friend, nor did we ever want to be included in this scheme, and they did it without telling us. I came home and asked my mom for my ballot, only to be told that he has already entered our votes *for us.*

I know this is against the law, which scares me. I don't know what to do. I don't want my dad to get in trouble.

I guess I'm just hoping for some advice from people who know the law better than I do. I've kept straight and narrow all my life and the idea that this might get me into legal trouble terrifies me.

Topic:
Criminal Law

Answer: You wouldn't be in any trouble at all. Why would you be?


Title: If I were to get arrested how do I aquire a lawyer.

Question:
If I were to be arrested and hauled off, once I asked to see a lawyer, what would happen?  From the Miranda it says "If you cannot afford one, one will be appointed to you by the court".  I suspect I ***could*** afford one, but would likely be able to put a 10k retainer on a credit card or my checking account.

How does this process work?  Do I need to provide my financial records to the court before they will approve a public defender?  What if my financial records incriminate me in the matter I'm arrested for?

Honestly if I'm in county lock up, I wouldn't even be able to come up with a telephone number to call to hire a lawyer.  I can't be the only one that doesn't walk around with a law firm on speed dial.

Answer:
 It differs based on where you are arrested and what for. In my state, if you ask for an appointed attorney at your initial appearance in court, you fill out a financial affidavit and the judge determines whether you are eligible. If you are, the attorney is appointed then and there from a rotation list. If you are not arrested for a jailable offense, you can’t get an appointed lawyer.  If you need to hire one, you can use the phone to call one.  Most people call their bail bondsman first, though, and the bondsman will recommend a lawyer if asked. If you don’t know who to call, there’s a phone book. If you don’t qualify and are unable to hire one, you do without. You either go back to jail or get released on bail, and will need to find a lawyer before your next court date. Answer #2: If you think you're likely to need a lawyer in the future, I'd recommend that you find a local lawyer and have him do some simple work for you, like writing a will.  You should have a will anyway, and now you have a lawyer.

"Your" lawyer probably isn't a criminal defense lawyer, but he knows a few, and knows which ones are good, and he'll give you a referral.


Title: My teenager son committed a hit & run. What are our options?!

Question:
He hit a parked car (with people in it) in a parking lot. Freaked out, drove away, chased down & they got his license and insurance. He lied to me for a whole month, and now I receive this f\*\*\* call from my insurance.

I was already fuming because my insurance will go up AGAIN. Now this!

What do I do at this point? Will the police arrest him? Court?

How long will this take to be solved? I leave the country in 3 weeks.

Answer:
 Probably longer than 3 weeks. I would contact an attorney. Theres a chance the insurance & pay out will be the resolution of this. Answer #2: He may be charged with a 2nd degree misdemeanor for leaving the scene of an accident where property damage occurred.

[http://www.leg.state.fl.us/Statutes/index.cfm?App\_mode=Display\_Statute&URL=0300-0399/0316/Sections/0316.061.html](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.061.html)

If he is, it would be prudent for him to retain a criminal defense attorney.

With potential criminal charges and the time it takes insurance to do their things, this is likely going to take longer than 3 weeks to completely wrap up.

Your son is a teenager -- is he also a minor?Answer #3: Yeah you might want to change those plans.

Depending on your location, his age, and the amount of irritation the prosecutor feels about his nonsense this can be anywhere from ~~juvie court~~ to a misdemeanor to a felony if the police pursue it.

Edit: Son is 18. No juvie charges for him.

Your son should have an attorney and only speak to that attorney.


Title: Sued by my Sister?!?!?!

Question:
So much family drama after my Dad's death over a year ago.  He had 2 timeshares he had inherited from our Grandma.  A couple months after he died we had planned a couple trips, 1 to take his ashes to AZ and bury him & the other to go to Kauai in March 2015.  Within the past year the relationship between my older sister & I has deteriorated - she is a stay-at-home Mom with a law degree and used her education to basically get everything she could from my Father (even before he passed).  When I found out she had convinced him to leave her 50% and the remaining 50% was to be split between his other 3 kids (myself included) I was hurt & upset.  However, nothing could be done of it because she had him sign an Irrevocable Trust.

When she sold his Cadillac and didn't share the money I was upset, especially because he wanted the car to go to his only son & my younger sister was using it for work (she took over my Dad's company).  But I figured we could use the money to save our rental property in Breckenridge (the only asset in the trust).  It didn't, we had to sell the property & she kept all the money from selling his car.  I was very upset to lose the condo because we had so many memories of him there (not all good, but mostly pleasant).

I just couldn't handle talking to my older sister anymore.  She had him sign a quick claim deed to his house that she & her family lived in - so she got 50% of everything in the trust, his car & his house, plus however much she stocked away while he was alive.  She "worked" for him & instead of collecting a paycheck & paying taxes she would just put money into a business savings account and use that to travel on vacation with her family.  She doesn't want to have to pay back her student loans, so she can't show any earned income.  He fired her 6 months before he passed because he said she was stealing from him.  He was very upset & basically drank himself to death.

I'm glossing over the details because it's depressing how she behaves.  Anyway, last summer she told me that we couldn't share the accommodations for AZ to bury my father & I'd have to find another place to stay.  She expected me to just give her the ashes so she & her family could take them.  I wouldn't.  My mother wanted to ship his ashes, but I refused that as well.  Eventually I was able to convince my Mother (the trustee of the trust) to reimburse my expenses to get him to AZ.

A couple weeks after he was buried I was finally able to gain access online to the timeshares.  I saw the cancelled reservation for AZ & a reservation for Kauai.  I contacted both my mother & my sister about moving forward on getting the titles out of Dad's name & into mine & my older sister's (my younger siblings had stated they did not have the money to even go on vacation much less help pay for fees).  No one would help me.

On 11/10/2014 I emailed my older sister to inquire about moving forward with hiring an attorney in FL (the location of the timeshares).  She stated to me at that time that she had no interest in those timeshares and would sign a letter stating such in front of a notary & make 3 copies.  She gave me the name of the attorney I should contact in FL.  The next day I cancelled the reservation in Kauai.  I did not tell her because I figured she wasn't planning on going anymore.  She knew I did not want to go & I was the one now responsible for handling everything with them.

I gained access online only because the company had called my Dad's phone number, which is still in use by my younger sister and asked for an updated email address.  She gave them hers, and forwarded me the emails so I could change the login & password info.  I tried calling the companies by phone and submitted emails on their sites asking what was needed to have the names changed.

So, last week my Mom says she is coming in town in March to watch my nieces while my older sister is in Hawaii.  I told my Mom that she'd better check her reservation.  She did & then contacted me saying that I owe her $3,000 or she will sue me.

Does she have a case?

Answer:
 It was not really reasonable for you to cancel your sister's vacation because she said she didn't want the timeshares in her name. I think you realize that you did this to be vindictive, not because it made sense.

Why does she believe you owe her $3,000? Was the reservation you cancelled worth $3,000?


Title: Domestic Drama Hostile Work Environment Need Help

Question:
My husband who works in Washington State, USA is having a situation with a hostile work environment and no actions have been taken and  we are wondering our best course of action.

Essentially,  a manager has brought her domestic disputes into the workplace, involved my husband and then has made his workplace hostile.

A few days ago this manager's partner shows up in the parking lot. Starts verbally arguing with the manager and speeds off down the road. The slams on her brakes and reverses at high speeds back to the lot. Parks beside the business and starts yelling at the manager. My husband and another employee are witness to the argument and when the manager goes to get in the car with her partner, my husband stated she should stay out of the car as they are concerned for her safety. Now this partner is a known meth user, by omission of the manager, and calls the manager constantly through her shift where they get into loud verbal arguments.  The manager has not been working while she is in the store as of late, instead spending the whole time yelling at her partner on the phone.

The manager's partner tried to yell something at my husband through the car window but the manager quickly rolled up with window and they left.

Later my husband was informed (by a coworker who lives with the manager) that the partner was threatening to beat up my husband and he was lucky she didn't get out of the car. Now this partner is always loitering around the store for hours. In the parking lot or the lobby. Obviously, he is not afraid that she will get the best of him, but is very uncomfortable being forced to work near someone who has threatened him. Whether she does something to his car or attempts to fight him he will be forced to defend himself against an unstable person.  He has bad PTSD and Anxiety so this situation is all the more stressful. Literally enough to make him spend the whole night tonight pacing up and down our hallway.

The manager also texted my husband after the car incident urging him not to make a police report.

Now today, the partner was again in the lobby. My husband was unable to complete part of his job because he didn't want to go into the area she was loitering so he expressed concern to the coworker who lives with the manager. She informed the manager who then said my husband "needs to stop being a little pussy" about the situation.

The store manager has been informed of the situation but the only resolution we have heard is that if she apologizes she will be allowed on the property which my boyfriend hasn't agreed to. Which we only heard second hand, he has not talked to my Husband about a resolution. All he heard first hand was to "be tough for the rest of the day and we will figure this out." That was before he was called a pussy and hasn't been able to reach his manager since that. HR is closed until monday and the local managers seem to be hoping she quits and it will all go away.   He has to work with her again on Monday.

What if anything can we do reddit?

Answer:
 This isn't a hostile work environment.  It's just drama.

He can talk to HR if he wants.


Title: Grandmother stuck in assisted care home. Please help.

Question: My grandmother is in a assisted care facility in Indiana and wants to get out because she’s miserable there and alone. All her family and friends are in New York. I went to go get her discharged and to bring her back to NY with me but was told I wasn’t her power of attorney anymore and that she made her daughter her new POA and that she is not competent to make the decision herself. My grandmother was living in New York at the time this POA document states she made her daughter her new POA by signing it infront of a notary public in Indiana. She says she never agreed to that change. Is this document valid? And does my old document stating im her POA valid.

Answer:
 Contact adult protective services in the area your grandmother is in. Let them know you believe financial abuse is happening. The new POA would supersede the older one, so it sounds like the daughter has the power to deny her release from the facility. Most of the other things you allege aren't really abuse, but the financial stuff may be actionable.

Now here's the hard part. An actual notarized document is usually proof enough. It's possible it was forged - either by the daughter or with the aid of a shady notary. But it's also possible your grandmother did sign these documents, and has either forgotten about it, or is lying to try to get someone to take her out of a facility she doesn't like. I've worked with elder cases before, and these situations do happen. So you have to be prepared for that eventuality.


Title: How much is the "idea man" of a product entitled to?

Question:
Thanks in advance for reading!

So a while ago, I met a friend of a guy I was dating. During that first meeting, he thought something I was wearing had a certain functionality...it didn't, but we both agreed that a product like that would be awesome. I hung out with him a couple more times, with us both joking that we were going to start a business to make those products.

Fast forward to today; I'm not dating that guy anymore, and probably will never see his friend again. I have, however, decided to proceed with the product idea. It will definitely be a side-hustle kind of thing, and I am dreaming of becoming a possible thousandaire with this.

How much is this guy entitled to? I always imagined that if it was successful and starts making a profit, I would offer him something like 5 percent. But is he due more? Is he really due anything?

Thanks!

**edit: Forgot to say that I am in the U.S., and living in PA.**

Answer:
 He's entitled to exactly bunk, nil, and zip. It's nice of you to offer him anything; if you do, make damn sure you have an attorney write something up/review your idea before you do, because offering him anything at all can actually help him make a case that you owe him more.

Absent a contract, general ideas aren't subject to copyright or patent or ownership. The only marginally novel observation that, say, a wedding ring can be used as a bottle opener isn't in of itself valuable or protected. Specific designs, manufacturing processes, marketing, and so on, sure.

(Note: We get the inverse of this idea all the time, where OP has an idea for an app but doesn't have the skill or money to produce it. The idea itself isn't anything -- it's doing it, how to do it, making it happen that are something.)


Title: How is the appropriate speed determined for different conditions?

Question:
I was on a residential road in Nebraska with a speed limit of 25mph.  I was driving  a little under 20mph (18-19) and was pulled over.

The officer said that because there was ice on area roads, it's not safe to drive close to 20mph.  He said I should not have been going more than 15mph and 10mph would have been safest.

He asked why I was going so fast.  While some roads in that region of town were icy, the road I was actually driving on was not. He specifically agreed that there was no ice on that road, but said it didn't matter because there was ice on "nearby" roads.  There were absolutely no cars or pedestrians in sight and my car was handling well.  I did reduce my speed to under 20mph which I thought was safe.

He said that reducing my speed to 18-19 was not enough and by common sense I should have been going slower because of icy roads.

He wrote me a ticket.  The specific ticket indication is for 5-10 over but he did not write down my actual speed on the ticket.  In the "mph" box he wrote "5 over" and in "mph zone" he wrote 25.

How is it determined what is or isn't a safe speed?  Is it up to officer discretion or is there a set law on it for different conditions?

Does it matter that there was not actually ice on the road I was on? Basically, are conditions determined by the specific road you're on, or just the general conditions in the area?

Thank you.

Answer:
 Wow, you may have the first speeding ticket post where I would actually suggest you fight it.  The answer to your question is that "it's entirely subjective".  Usually, one gets written up after an accident, as the happening of the crash is used to "prove" the unsafe speed.

Conversely, merely driving along under the limit without losing control would suggest that your speed *was* actually prudent for the conditions.

The "5 over" portion of the ticket seems problematic though - it sounds like you were written up for going 30mph in a 25.  Answer #2: Generally the highest reasonable speed "for conditions" is determined by hindsight - after the driver loses control of the vehicle.

Sounds like OP was stopped on a pretense, and ticketed accordingly.


Title: Is it legal to sell things through a fake business, operating in the same location as a real one?

Question:
Apologies for the titlegore, I really don't know how else to word this.

&#x200B;

This is happening in WV. Recently a lot of very negative information about a local restaurant owner came to light (including things that were definitely illegal, which were reported to authorities), resulting in a pretty widespread boycott of his restaurant. To get around this, he's started selling food under multiple fake business names on order-out sites. It's easy to confirm it's the same person because 1) it's at the same address as the boycotted place and 2) multiple delivery drivers have publicly posted that they're the exact same restaurant, same people working there. I've seen at least 2 or 3 different names simultaneously, so it's definitely not just a simple name change. To clarify: 3+ "businesses" are being run by the same person, out of the same kitchen, simultaneously, to avoid the boycott of the actual legal business name.

&#x200B;

This has all happened in \~1 month, from the information coming out to now.

&#x200B;

This is I guess a question in a few parts: Is it legal to sell (especially food) products claiming to be a different or separate business when you're not? If you have food inspection etc, does it cover the whole building, only the named business, or does it work some other way? Isn't this at the very least misleading advertising (making people believe that they're buying from a different business) or something?

&#x200B;

If more info is needed I can explain more as needed. I didn't want to go into too much more initial detail because of the rule about IDing information, a lot of this whole situation is very available on the internet.

Answer: What makes the business fake?


Title: Friend charged with larceny in NC days before moving out-of-state for a job. Has been 3 years, does he need to worry?

Question:
Long story short my old roommate was out with his little brother and a friend of his and his brothers friend got caught shoplifting in Walmart. The police were called, all three changed with "LARCRNY - NO TEXT", nobody went to jail. My roommate was three days away from moving to a different state for a new job. He tried rescheduling his court day and they didn't have a day soon enough for him to attend, he contacted two lawyers and both told him they couldn't represent him unless he was physically there, and he called the court house and asked if he could get the case transfer to his new hometown and he was told no. About a week after his missed court date the police come to my door to ask if I knew where he was. I told them he moved away for a job and didn't have anymore information, they never came back.

It's been almost 3 years since this happened. I stay in contact with him through Facebook and video games and recently he's told me he's been having a lot of anxiety rethinking this situation. The police haven't been in contact with him, he's called the courthouse to ask if there is a warrant out for him but he's told they can't tell him over the phone, he'll need to come in. My friend is concerned about what he should do from here, he wants this resolved. Will he be okay as long as he doesn't go back to NC? Does he have any worries about being arrested in is home state? What is the first step he should take if he wants to get this resolved?
Topic:
Criminal Law

Answer:
 >Will he be okay as long as he doesn't go back to NC?

We don't know for sure. He could be detained at the border, at a traffic stop, attempting to get on a plane. If he missed his court date he more than likely has a warrant out for his arrest.

>Does he have any worries about being arrested in is home state?

If he ever runs afoul of the law again, even for a traffic ticket, he can very well be arrested.

>What is the first step he should take if he wants to get this resolved?

Go back to the courthouse in the county where the offense occurred.


Title: Definition of statutory rape

Question: I know it is sex with a minor but my friends seem to think that there are other circumstances that would be included. If true, what would those situations be? Prisoner/guard maybe?

Answer:
 50 states.

50 different definitions.


Title: Streamer told my personal details live and he uploaded the stream what can i do against it?

Question:
Recently I've made a donation a streamer and he told my Full name and email address on stream (he got them through paypal) what can I do to make him take down his stream replay. I live in hungary.
Topic:
Computer and Internet

Answer: You can file a complaint with whatever site is hosting his stream.


Title: [USA][NY] Can I get in trouble for being drunk and being in my car?

Question:
I live in a small town. If I go out for a night at the bar, can I sleep in my truck or in the bed of my truck? My dad used to tell me that you could be arrested for having keys in the ignition while drunk. How far does the law extend in relation to alcohol and being in a car? Thanks
Topic:
Alcohol Related Other than DUI

Answer:
 Take a cab home and come back for the truck in the morning. Surely your town has at least one person who will drive people to places in return for money... Failing that, is there a motel you can crash at? A friend within walking distance of your favourite bar whose couch you can sleep on?

Having said that: don't be in effective control of a motor vehicle while drunk, basically. If you absolutely must sleep in the truck, lock the keys away somewhere if you can (or at least put them in the glove compartment) and sleep in the passenger side or in the back.

New York also has a history of, uh, interesting vagrancy laws. Be prepared for a cop to wake you up and possibly cite you if you're sleeping in public.


Title: What is resisting arrest after arrest?

Question:
I was picked up on a DUI. I was admittedly drunk, the reason i was arrested was i was playing with my phone and hit some traffic cones and a concrete barrier (barely though, i breaked before any terrible damage was done) where my exit was supposed to be. (It was under construction). There was a HP sitting near by watching the exit so i was picked up almost immideatly.

I did not submit to a breathalyzer or FS test. I got charged with a misdemeanor DUI, assault on an officer, and resisting arrest after arrest. What in the world is resisting after you are arrested?

The assault charge is weak. I have bruises on my hips, breasts, and large scratches on my arm and chin/neck. I don't remember much but assault seems like a stretch. I've been taken in before and caused a lot of trouble and learned my lesson that its not worth it to resist. The officers report i got with my release papers say i was combative.

Are my wounds something i need to document? I don't have a reliable testimony since i was obviously drunk.

I've got a lawyer for the DUI, i've got that under wrap so i'm not worried about that charge. The other two are over my head though.

Answer:
 god damn, you got picked up for a DUI and you're still making excuses ("barely," "I breaked [sic] before damage was done," the concrete barrier was where my exit was "supposed to be").

You do realize sober, non-games-playing driver is capable of noticing that "oh they've put my exit under construction" *before* he hits it?

So sounds like you "haven't learned your lesson" as you suggest. Get a lawyer. Equally importantly, get some help.Answer #2: Talk to your lawyer for the other charges. Get help.Answer #3: You're not worried about the DUI? Even with a lawyer I'd be worried about. As for resisting, it's just what it sounds like. You continued to be combative after being arrested. And I wouldn't be too sure on the assault not sticking, if you're bruised up, I'm betting the fight wasn't one-sided. Seek treatment for your obvious alcohol problem.


Title: [NJ] I was fired from my job because a friend incorrectly reported me as suicidal

Question:
This is in New Jersey for a very large university

Background:

I am a student worker at my university. I work in areas that have restricted access such as the university police department and other such areas.

My friend incorrectly reported me as suicidal. I was asked to come into the university police station, given an ambulance ride to the university's medical center. That same day I was medically cleared. However, the police department left the report open for 3 weeks, which they have now closed. Note that this is university policy, they must treat all cases like this the same. I agreed to the ambulance to get it proved that I am cleared, rather than refuse and have no documentation.

The next day my swipe access to the secure areas was revoked without my knowledge, I was sent home to see what was going on. The next day I was fired. The termination letter simply stated I do not meet the minimum requirements to work there. It was literally 2 sentences long.

My employer told to me at first and said that the police department had taken my access, but I submitted an Internal Affairs report and they said they did NOT revoke it, nor do they to begin with.

I involved the dean of students, who I might add think this situation is fucked up. She couldn't budge them at all and the HR

I have also told this situation to my criminal justice teachers, all of whom are currently cops and officers in that field. They have all said this is wrong and that the university fucked up.  Even the cop from the university who responded to the call was surprised I was fired. I had also spoken to a lawyer that the university provides, he cannot help since the university is the defendant, but even HE SAID this is wrong.

I have emailed and called every party related to this, from the people who control access control to the police department, to the head of this department. None of them respond, they always redirect me to HR, and they do not answer anything about this.

I have been told this is a ADA violation from other threads but I want to be sure.

So far this is what HR has given me:

The termination is final

I was not given an appeal process, I was fired after my probationary period.

They are not willing to see any documents showing I was cleared and that the police report was closed

None of my bosses can talk to me, they always redirect me to HR

They refuse to show why my access was revoked or the policy which it falls under.

I have spent hours looking at university policy for employees and I cannot find a lick of policy which this all relates too.

After nearly 3 months of constant emails to parties and such,  I have a meeting with the director of HR regarding this matter this week

I just want to know if I have a chance to have this reversed.

I was a good worker, all my bosses liked me and they even said it was tough to have to send that termination letter.  This job meant a lot to me, it was related to BOTH of my majors.

Answer:
 No matter how many times you post this in numerous subreddits, the answers aren't going to change.  If you feel you have a case, you should contact a local attorney who specializes in employment law.Answer #2: I am wrong in thinking that if Op can prove her friend maliciously lies to cost her job, she could sue her?  Not that she would just, asking the question Answer #3: ADA is not my area of expertise. However, to enforce an ADA violation, [file a charge](https://publicportal.eeoc.gov/Portal/Forms/NewEditForm.aspx?templateId=160).Answer #4: A local attorney not affiliated with the university will give you a free initial consultation.  In that meeting they will review all of your documentation, your side of the story, and give you a basic outline of advice.  They may make a determination at that moment whether or not they can make a case out of your situation, or they may say they cannot, or they may say they need to review your materials and then determine.

Regardless, they will provide you invaluable, local, specific legal advice pertinent to your exact situation and your exact facts.  They will give you a brief but specific amount of legal education.  You will know far more about your options and your rights than you know right now.

Get an initial free consultation with a local attorney.  More than one if you wish. Answer #5: You’re an at Will employee. Means they can terminate you if they would like to.

You can certainly try and contest it, but I don’t see that as successful.


Title: Auto shop charged me $500 for timing belt kit replacement. I had the service done but realized a few months after they took advantage of me.

Question: Hey everyone, thank you for taking the time to hear my story. I recently went to a new mechanic and was told my timing belt kit needed to be replaced. I had it done and paid and only after it was complete did I finally realize; not six months prior, I had paid a different mechanic for the same service. I quickly went to my new mechanic for some answers. He had just finished the labor and still had my old belt and kit and gave them to me. The timing belt kit has  'Toyota' marked on it so he insisted that this was the original from when I bought my Toyota in 2001. He is willing to testify, he already signed an official affidavit, I have all my receipts and parts and I even sent a letter to the mechanic who ripped me off politely requesting a refund. There has been no reply for over a month and I want to take action. I'm twenty two years old, I'm from Texas, and I know I was taken advantage of. What should I do? Any advice is much appreciated!

Answer:
 Note:  When the timing belt breaks on newer vehicles it can easily cause catastrophic damage to the engine, resulting in thousands of dollars worth of repairs.  This is why mechanics insist you replace your timing belt after 100k miles or so, whether it looks bad or not.
Without knowing that the belt had recently been replaced, any mechanic would have suggested a new timing belt.

You can't predict how much longer a timing belt will last just by looking at it.  I don't think he was trying to rip you off, and I think he has a very good chance of winning if it went to court.

**EDIT**:  Was it the new mechanic that ripped you off or the old one?  My reading comprehension fails me.  Anyway, it may have been replaced with a Toyota factory part that says Toyota on it, so he might not be able to determine for sure that the belt is original.


Title: [SC] Conflicting Police & Animal Control Reports About Dog Attack

Question:
7/14 Update
My parents went to Animal Control right when they opened.  The animal control employee looked over their evidence and listened to their story.  He said he had talked to the other owner, who works for the city, and trusted that story was accurate.  He apologized for not calling to get their side and said he would amend the report with their information.

The police had said my parents needed to report the attack to the loose dog owner's insurance or my parents could potentially be sued if the loose dog attacked again and that victim could prove my parents did not notify the insurance.  The police didn't say they would lose that case, but that they would waste money defending themselves.  The loose dog owner refuses to provide their insurance to either my parents or the police.

----------------------------

Original
Unleashed / unsupervised dog attacked parents and their leashed large breed dog while on a walk, on public property, about a block from loose dog's house.  Loose dog had parents' dog's muzzle in its mouth and bit my dad twice.  Police report reflects parent's story, including bite marks to dad and his dog.  County animal control report used loose dog's owners' story which said parents' dog was also unleashed, started the fight and there was no biting, just a scratch.  Loose dog was quarantined 10 days and owners had at least a fine from the HOA, maybe police and animal control also.

Questions

1. Parents are concerned the animal control report could somehow be used against them.  Police said they would help my dad try get the animal control report changed.  Is there any reasonable chance of that happening?  Is it even a problem that the two reports do not match?

2. There is a witness who saw the attack and that parent's dog was leashed.  Should my parents get that person involved or document some sort of statement?  (Would it help get #1 changed?)

3. The police report had 2 minor errors, should they ask for that to be corrected too?

4. I know anyone can sue for anything, but is there any reasonable case that the loose dog's owners could bring and win?  For example try to recoup the fees they were assessed, since they claim my parent's dog was unleashed and started the fight?

5. Is it worth a consult with a lawyer just to make sure everything is in order in case they are sued?  They have pictures of the injuries, documentation of the doctor visit ~1 hr after the attack and vet ~2 hrs after and the police report.  My parents are *not* looking to sue, but since the loose dog's owners are lying and in damage control mode, my parents are worried what could happen next.
Topic:
Other Civil Matters

Answer: Police are not professional animal investigators. They'll just take everyone's statement and give their non-professional observations. I was never given any animal bite investigation training so I'm sure my observations are colored by my personal experience with dogs.  The AC report is the one that carries more weight.


Title: Boss is taking potentially thousands of dollars in tips...

Question:
So, I don't quite know where to begin. I've made this account just to ask this question as we're getting overwhelmed in what to do.
Some back story here: I'm speaking for my boyfriend, we are young-ish and therefore naive, we live in Minnesota, we are poor.
My boyfriend has worked for a restaurant for about 3 years now and always thought tips were handled strangely but never spoke up and neither has anyone else.
The restaurant is extremely popular during lunch and is similar to say, a Panera or Subway.
About a year and a half ago they introduced electronic tips that customers can use to tip with their credit or debit cards, along with cash tips. Cash tips are pooled amongst the team members excluding managers and distributed once a week or so. Normally my boyfriend gets about $30 cash from these. Since introducing the new tip system they have received a lot more and my boyfriend used to be able to see the amount at the end of the day as he closes down the registers. He claims in a day they can make anywhere from $100 to sometimes over $200 in tips and split up from anywhere from 4 to 7 people depending. The first time the electronic tips were added to his pay it was an extra $200 or more (he can't remember) since that first time it's been far less or none at all and the owner of the franchise has blocked his employees from seeing how much tips they earn.
Franchise owner A and owner B has admitted soon after to using some tips as a means of keeping a separate business afloat and to buy out their contract for that failing business. Both owners A and B have promised they will be caught up on tips and it's been quite a while and they are still not giving everyone their share of tips.
Recently an accountant working for A and B has come to the mangers saying that owners A and B are still stealing the tips as the money doesn't add up and that they are earning more than the restaurant is making.
My boyfriend talked to owner B recently as no one else wants to confront them and owner B says that they're just a little behind by a half a year and that they are working on catching them up and that in the beginning they "didn't expect them to be earning so much tips everyday" suggesting they thought they were earning too much or wouldn't notice some missing?. 8 months worth of tips?  Employee's have come and gone since then and they will not see the money they are owed. Several employees have left recently after working years.
We did the math and it's a lot of money for us that we could've used.
No one including the two managers wants to upset owners A and B for fear of retaliation or them stopping tips all together.
Is there anything we can do? Somewhere we can go? We tried doing research but it's so confusing I can't find much on tips.
Sorry if this is long and confusing...

Answer:
 They have admitted an to illegal practice. All those tips are property of the employee absent tip pooling.

Using tip money outside of that purpose is theft.

Your bf needs to contact the MN Dept of Labor.Answer #2: Nope, nope, nope, nope, nope.  Nope.  They cannot take the tips.  The tips belong to the employees.

Call the Department of Labor.  If they've been doing this for years, it adds up to a lot.  IANAL, but I wonder if there's an additional problem with them taking tip money from that business to support another.


Title: [TX] Is this settling or extortion? How do I proceed?

Question:
Hey /r/legaladvice!

I am having a bit of an issue, and was wondering if you guys could shed some light. To sum things up, I work at a cafe, and I have had issues with my food delivery company (the company I order food from on a weekly basis).

Long story short, two of my next door tenants told me the delivery driver, put our product outside of the store and let it sit for 2 hours (while waiting for us to show up, he was very early), which is terrible because meat goes bad. In addition to that, he brought his little kid with him, which the food company acknowledges is a safety and liability hazard. My next door tenants also pointed out maybe the food delivery company might be in violation of child labor laws. They were telling me this because they were concerned about the safety of our food, considering it was sitting out.

I told my food delivery company that I don't know why my next door tenants would make up that story, and they agreed. I told them I would check CCTV (although I have no access to it currently). They asked for a screenshot, but I won't provide that yet, as I have no access to it yet.

Is asking them to settle to keep my mouth shut reasonable, or would it sound like extorting them?

Thanks in advance guys.

Answer:
 You don't offer to "settle" anything, because you don't have any damages.  The major difference between negotiation and extortion is whether you have any actual claim to the money.

Asking for a "settlement" in lieu of reporting them for labor laws or safety violations is extortion.  Asking for a refund for ruined product(if any) is legitimate.


Title: My parents threatened to kick me out out both of their houses. I'm 16, and live in Ohio. Can they legally do this, or can I report them for child abandonment?

Question:
I graduated high school at the age of 15, and have been taking a gap year. My parents are sick of me "doing nothing" and have decided to force me to either go to college or be homeless. I don't know what to do in this situation, as I don't feel as though I'm either (a) mature enough or (b) wealthy enough to go to college, but I also don't want to be homeless. What can I do in this situation?

edit: Thanks for all the answers! Now that my parents know they can't legally kick me out and strongarm me, hopefully we'll be able to work something out.

Answer:
 I would recommend getting a job just to make some money and build a resumme. Dont have to work 40 hours maybe just 20. Answer #2: In Ohio if you finish high school early you can usually take college classes for free so you might want to check into that. You wouldn't have to take a full courseload but getting some basics out of the way at no cost would be great for you. Answer #3: Get a job.  Get your rear in gear and DO SOMETHING.  Your folks are just trying to light a fire under your rear end.

Honestly, probably your best option.  You'll learn some decent life lessons as well.


Title: Broken glass on the road

Question: So I was coming home from Pittsburgh yesterday and it was around 8:30. It was dark out obviously and I'm driving along when I notice a big pile of glass all over my side of the road. I couldn't swerve over to the other lane because there was oncoming traffic and I couldn't go onto the shoulder because there was none, just a hill down into someone's yard. So if I get a flat in any of my tires from the glass what do I do? Can anyone cover this for me? Will insurance cover it? Will the state have to pay for having glass on there roadways? Or am I gonna have to take care of it myself? What do I do?

Answer: You're very unlikely to get a flat from running over glass. Imperfect road conditions are one of the risks you accept when driving. Most insurance will not cover a loss from something like this, unless you purchased specific "road hazard" insurance for your tires.


Title: (NC) Just recieved my first ticket at 16, 2 tickets to be exact, and they're both horrible.

Question: [deleted]

Answer:
 First: You pass on the left because slower traffic is on the right. Some places have actual laws making it illegal to pass on the right.

Second: You should hire an attorney at this point because you are looking at some big ticket items here


Title: [Georgia] My landlord wants to charge my boyfriend rent because he stays overnight, but the lease does not limit overnight guests. Can he do this?

Question:
EDIT: Just in case someone has a similar situation in the future. I emailed my landlord explaining he had no legal right to ask for extra money as it was not part of the lease. I apologized for having my boyfriend over so often, but maintained that I had no way of knowing he disapproved of the situation until he asked for the extra rent. I offered to limit his visits for the remainder of the lease as a sign of good faith. He didn't press the rent issue, so I think he knew he has no case but was hoping we were too young and dumb to do our research. Thanks to everyone who responded!
----
I received a phone call from my landlord today saying he needs my boyfriend to start paying rent because he stays overnight often. My lease makes no mention of rules for overnight guests/visitors, and I was never given warning that he might be over too often. Does my landlord have a case?

Answer:
 Nal. But I've seen this one on here often.

Your lease is a contract. If it doesn't include something about guests paying rent, then there's nothing for landlord to do except update the lease next time it's up.

Answer #2: A lease can state that any adult staying overnight a certain number of days out of the month has to be added to the lease. But you're saying the LL is actually trying to charge additional rent money?

Is this a house/apt, or a room that you're renting?


Title: Brother committed a serious crime. What should I be prepared for?

Question:
Using a throwaway account given the nature of the issue.

Location: United States, Arizona

My family and I recently discovered that my brother committed a heinous crime years ago involving himself and someone else. He is currently in active duty out of the country (crime happenedv before he started service) and the issue has just now come to light. The process only just started a few days ago with my brother being detained by MP and is currently under guard and suicide watch.

I don't know any details of what actually happened and I don't think I want to, but suffice to say my brother told us he is 'ready to face his punishment'. His call to us was very short but we are planning to talk again later this week. Unfortunately the nature of this crime is not new to our family and as such as stirred up a huge mix of junk and emotions. I'm taking my parents to counseling sometime this week.

What I would like to know and get some advice about. Given that we're family, and that I was close personal friends with the other person's family, what should we be prepared for from an investigation perspective as well as legal? Do we need to get an attorney? We plan to cooperate for any potential investigation but to be honest I would rather keep myself at arms length as much as possible.

Given that he is active duty but the crime took place prior, will this still be a state prosecution?

I've never had to be in court or need lawyer for anything, no idea of what I should do or what I should even consider.

Also, I have the option to add legal services to my company insurance plan, but that won't be in effect until 2017, and even then it wouldn't cover criminal stuff like this. But it would cover general legal counsel for me. Are these legal plans worth it? I think it would be through Hyatt / MetLife.

Answer:
 >Given that we're family, and that I was close personal friends with the other person's family, what should we be prepared for from an investigation perspective as well as legal? Do we need to get an attorney?

Without knowing more about the crime he committed or what your role is or isn't in relation to the crime, no one can tell you how the investigation will shake out or if you need an attorney.

Do *not* go into any detail here about what he did or what he's being charged with.

If he is in active duty, he will probably be subject to the court martial jurisdiction.


Title: Emancipation

Question: Is it possible to be emancipated IN ARKANSAS before age 17, like at 14-16. Exceptions, loopholes, special cases, etc. Thanks :)

Answer: Are you independently wealthy?Answer #2: Well that depends. Why do you want to be emancipated? Do you live on your own? Are you financially supporting yourself?


Title: [Louisiana] Was denied FMLA leave for not being with the company for a full 12 months, now what?

Question: My employer knew that I have an ankle surgery scheduled for a couple days from now from an old workers comp case from my old employer. Been with my new employer for 10 months and now was told I cannot be protected by FMLA for the 2 weeks of bed rest after. Is there anything I can do to be protected?

Answer:
 Unfortunately in your situation, your employer is correct. You have to work for an employer for at least 12 months and work at least 1250 hours during that period to qualify for the FMLA.

There is no Louisiana law requiring your employer to cover your bed rest. Under Louisiana law, you could even be fired for taking off so long, as your boss doesn't have to keep your place.

Under Louisiana law (LA Rev. Stat. Sec. 42:441et seq., Lexis Nexis through the 2017 Session) you may be able to access a 'pool account' for sick days - but only if your company has them and approves you to take them.

**EDIT:** Workers comp case means that unless its over and settled they should pay for your bed rest, but it's not your current employers duty