Title: Chain Pharmacy gave me wrong pills. (USA)

Question:
I am sorry if this is long but I want to get the details correct.  I am NOT looking for damages or to sue anyone.  I just want to protect myself from retaliation from the chain pharmacy.   I am physically disabled and I also suffer from anxiety because of my disability.  My doctor prescribes Ativan monthly to help me deal with my anxiety.  I have many other prescriptions that I fill monthly because of my disabilities.  We are lucky enough to have very good insurance and it covers all my medicine with very little co-pays.  This month I dropped off my prescriptions at the chain pharmacy that my insurance says I have to use.  My husband picked them up and later that night I opened my Ativan and realized they weren't my pills.  I read the bottle and it was Xanax.  I have never taken Xanax in my life.  My doctor knows I am very proactive in my and my family's health and he encourages it  He doesn't change a dosage let alone a medicine without talking about it with me so I understand.

I called the pharmacy the next day and asked them to pull up my prescription and see what it said.  The tech I talked to panicked.   He wanted to know right away if I took any.  Of course I didn't.  And when I could bring that bottle back in to trade for my normal Ativan.  My husband took the bottle in and traded it out and I got the right pills BUT I kept all the paperwork for the Xanax that they give you when you pick up a prescription as proof they messed up.

I called my doctor and told him.  I really want to report them to my State's Pharmacy board but I am worried about them then dropping me as a client.   You have to give your name and address when you file a report.  Their chain is the only local pharmacy that my insurance covers.  Without insurance my medicines are about $1800 a month or more.  Like I stated earlier I don't want anything for this but I don't want them doing this to someone else.  So is there any legal way to protect myself?

Answer: You can report them to the pharmacy board if you want, but medication errors do happen.


Title: I can't pay a $200 fee. Help!

Question: I am a college student. I am broke as hell. I made a non-refundable flight reservation mid-October to fly from South Carolina to Virginia through American Airlines. Then Hurricane Matthew happened, our schedules were rearranged, and now I have to be in South Carolina for a few more days. I called the airline and they said they couldn't do anything about it. If I cancel, I'll have to pay a $200 fee and if I buy another ticket, I'll probably spend up to $250. I just want to reschedule my flight for a later date. Is there anything I can do?

Answer: So they let you change it once due to Hurricane Matthew at no cost, and you would now like to change the date again?


Title: Is "perjury trap" a recognized legal concept?

Question: Or is it just "if I ask you, you gotta tell me if you're a cop" as far as legal concepts go?

Answer: It’s just slang for what prosecutors or sharp attorneys can do to compulsive liars when they have them under oath. The easy way to escape the “trap” is to... tell the truth.


Title: Restraining Order Question

Question:
Person A has a restraining order against person B. Person A works in building A, and person B works in building B. Next year, person A's employer and person B's employer will both become tenants in building C.

Basically, the order says person b is to stay away from person a's place of business. At the time the order was served and signed person A & B worked at different locations, but as of 2017 will work in the same building. Does person A have justification in calling the police on Person B if Person A sees Person B in the lobby of their building?

Answer: Yes. It will be a problem. B needs to go back to court to ask to modify the order


Title: [MO] Couple told to share FMLA for maternity/paternity leave

Question: My wife's coworker is about to have a baby and her spouse works for the same large not-for-profit hospital corporation (which conveniently had $300m net revenue last FY). The couple was told that if he wanted to take paternity leave, she could not use 12 weeks of FMLA; they could only combine to 12 weeks of leave. Is FMLA pooled like this?

Answer: Yes, but only because they work for the same employer. If they worked for different companies it would not be pooled, even if it was for the same event. Answer #2: that is unfortunately correct. they are only entitled to a pooled 12 weeks of FMLA.


Title: (Ohio)(Scioto County)Lost a testicle due to Misdiagnosis.

Question:
Hello /r/legaladvice, I (20 yo.) recently went through immense pain, and was taken to the hospital emergency room by ambulance where I was "treated"...
Once I got there they asked me about the pain and I said it was on my left side hurting from my leg area up to my lower back. They gave me a urine test and a cat scan. The results came back and they said there was nothing in my catscan and there was blood in my urine so I "probably passed a small kidney stone". They released me with no prescription.

The following day I woke up in pain in my bed and noticed my testicle was swollen.  Went to a different hospital and it turned out it was torsion. I had to get the testicle removed, and I'm currently recovering from the surgery. It will make me miss 10 days of school and work, and it could effect my ability to have children in the future. The nurses and doctor there said that I should sue for this. I'm angry about this whole situation and do not know what to do. It could have been saved if they properly tested me the first time at the hospital.

TL;DR - Due to a doctor not properly testing me I lost a testicle. I want to sue but I don't know if I can or how much I could sue for.

Thank you for your time.

Answer: Malpractice is extremely specific and requires some fairly heavy duty review by an attorney practiced in that area. We aren't going to able to judge that. Talk to a few attorneys and see what they have to say. Consultations are usually free.


Title: [Kansas] I [21M] an being shut out by gf's [18F] oppressive and controlling parents

Question:
I met her at a big event hosted by an organization for a hobby we both have. We live in different cities and she came to town with her family. She's really cute and I got up the courage to talk to her. Turns out we have great chemistry and we just clicked. I felt like I was talking to an old friend. I give her my email & number. We start getting to know each other after that and it goes really well.

Then I find out that she's 17.
She turns 18 in a month.

Age of consent in KS is 16.

We never talked or emailed anything explicit. She's a couple hours away, so nothing physical.

We click really well, and that's hard to find, and she's almost 18, so I tell her she's cute and she said she'd by my GF. She lives in a really religiously repressed house, so everything is on the down-low.

Fast forward a month. She turns 18, but still living at home. Now, I say repressed. It's more like prison. Apparently everything she does is monitored. It turns out, they also go through and read her emails...on her community college account.

They're pissed. They cut off all communication. They notify the police where I live and say I'm not allowed to contact her. It's been a few months since then, and I haven't ever heard from any kind of law enforcement. I want to get back in touch with her. I know she wants out of there.

I don't think I'm in any kind of legal trouble. Do the parents have any course of action against me or her now that we're both over 18?

Answer:
 You can email, text, speak to, have sex with her as long as she is a legal adult capable of consent and you don't have a court order, e.g. restraining order.

Please make absolutely sure her age is correct. Answer #2: They don’t have any legal leg to stand on (assuming she actually is 18 now), but they could threaten to kick her out or stop paying for her classes.


Title: Can I Move Out without Repercussions?

Question:
Hello there!

In March 2018, I moved into an acquaintances 2 bedroom apartment. I am listed as an occupant on the lease and only filled out paperwork to agree to terms of the apartment complex’s rules. She is the leaseholder and has her signature on the lease. The lease ends January 2019.

I have come to learn I can’t stand living with my roommate, who also happens to be violating a lot of terms on the lease - such as smoking.

She claims she can’t afford to live alone, but her boyfriend also lives there (violating the lease since he’s not listed as an occupant...) and I firmly believe the two of them should be financially capable of financing a relatively cheap apartment without a roommate.

I have found a new apartment, which I plan to move into in July 2018. I plan on giving her a 30 days notice before moving out (so June 1), but do I have to do anything else to not be in legal trouble?

For reference of laws, I am located in Houston, TX.
Topic:
Landlord Tenant Housing

Answer: You can leave with 30 days notice.  There's nothing she can do about it.Answer #2: She is entitled to come after you for your part of the rent because you are both on the lease and the lease was signed with the understanding that you would be paying your share. If she falls behind on paying the rent because you left and she gets evicted, the eviction notice will be on your record as well.


Title: [MD] I'm back. We won the fight for OT. But they're lying about hours.

Question:
I [posted here previously](https://redd.it/47f0zt) asking about overtime exemption. The DoL ran their investigation and found the company I worked for (I left about two weeks ago) to be in the wrong, stating that we had to be paid backpay. During that time, they've tried to get some of my (then) coworkers to work "overtime", but at their normal rate and they would make up a company to pay so they didn't have to pay overtime. During the investigation. Yes, they really ARE that dumb.

Anyways, I came in today to get my check for my backpay. Before I even got the check I was handed a document to sign which stated the amount, which I found to be incredibly low. I was rushed to sign the document and I didn't because I do have some sort of brain. Of course, it said signing the document forfeits my right to sue. Nice. Well, I wouldn't WANT to sue as long as I am paid what I am owed. I asked for a document listing the hours they had for me, as I added up 62 hours of overtime for myself.

The paper the owner of the company gave me is supposedly from the DoL and he says *they* added up the hours, but it looks like a spreadsheet they made. Has nothing about the DoL on it. From October (when I started) to January, we did not have a time clock so we logged everything in a Google Sheets document. After January 6th or so, we had a time clock system but for some reason, our hours are never on our checks. I'm not that pressed about OT owed to me after January since I barely worked any--at that point, I knew what they were doing was illegal and refused to work any more overtime. Anyways, I asked them to bring that sheet up, and wouldn't you know, **they completely deleted my tab on the sheet**. Only mine.

I kindly reminded them that "that's okay, I can go into revisions and recover it all. I'll come back tomorrow with that information." I didn't accept the check. I get home, and all of a sudden my tab on the sheet is restored. I went back through and they didn't make any changes (yet), but I still calculated 62 hours of overtime and even had 2 people check my work.

So, what do I do if I go in tomorrow and they don't fix anything? Contact the DoL again? Stop dealing with the company myself and get a lawyer involved? They have not given backpay checks to employees still employed there yet, which is weird. They are trying to give it to those who have left already first. One other employee in my department who has left (so far) said hers was wrong as well, and she hasn't accepted it. Thanks in advance for any advice!

**UPDATE:** I went through my pay stubs today for when we began using a time clock, and I found several inconsistencies with the hours they reported on that sheet that I worked from Jan-June. There's a date in march they say I worked 79.33 hours, juust under 80. Well I have the pay stub for that period showing I worked 95.33 hours. This means either that sheet was made by them and they lied, or they went in and adjusted my hours in the time clock system and reported false information to the DoL. I e-mailed the investigator attaching all evidence and am currently awaiting a response.

**UPDATE #2:** Although I have not been told this directly, apparently his main excuse is that we are not eligible for overtime pay for weekend hours worked. Many of us worked our 40 hours during the week (or more) plus additional over the weekend, for a total of 45 or more hours over a 7-day period. My understanding of the law is that the "no overtime on weekends" applies to people whose regular 40 hours include weekends, like nurses, who sometimes are paid a premium to work weekends which is not required. The federal DoL website even states overtime on weekends is not required "unless overtime hours are worked on the weekends" which is our case. Of course, I don't trust the owner to correctly cite DoL laws to us considering he tried to pass us as overtime exempt by their definitions of the law and was astounded to find that we had to meet all criteria to be considered exempt. Duh. Anyways, if I'm wrong, please let me know.

Answer:
 IANAL or other person of great relevant knowledge.

I'd start with screenshotting *everything.*  If you can check the revisions, go through and screenshot what it was revised to each time (and by who if it lets you).  I don't know if going back to the DoL would help (though I'd imagine it might), but I'd probably ask for a copy of what they want you to sign "to consider," send a copy of it to the DoL with highlighted parts like the do not sue, and a copy of the screenshots of your hours and any revisions or changes that were made.  I'd suggest your coworker do the same.

Again, not a lawyer, so I don't know if finding one here would be at all more productive than going back to the DoL, but it's hard for me to imagine they'd be in, out, done, and not willing to go back if more evidence of pay-problems are still existent.Answer #2: Call the DOL back.  As a whistleblower, you can receive extra protections in the case where the employer acts against you because of your reports.   Get the other employee to report them as well.


Title: Paid in cash without getting a receipt. (Yes I understand I'm a moron)

Question: My friends and I were all going on a trip that one of my friends was organizing so we all paid the organizer in cash. Even though I was told repeatedly to ask for a receipt, however, I didn't want to be the only one asking for one and thought it would just show me being distrustful. Now the organizer is claiming I never paid and I don't know what to do. When it first came up the organizer assured me that everything was okay and I was going on the trip (I have the texts to prove that).  One of my close friends also witnessed me pay both times (I payed in two payments). I'm hoping this can be worked out between the two of us but I want to know if I have sufficient legal proof that I payed.

Answer:
 Your testimony and the testimony of your friend would be sufficient to prove *in court* that you paid. But it might not be sufficient to persuade the trip organizer that you paid.Answer #2: Where are you located?

If you can't convince the organizer that you paid, you might have to sue in small claims to get your money back. It sounds like you have enough evidence to win. Ask for the money back in writing before you file - often when threatened with court people will pay up, and trying non-court options first always looks good to the judge.Answer #3: What do you think is happening. Is the organizer trying to steal your money or do you believe he doesn't remember you gave it to him?Answer #4: Get those friends of yours to write down that they saw you pay (amount, day, time, to whom, etc.) and get it notarized.

This way, you don't depend on them being present if/when you have to take the organizer to small claims court.


Title: Lawyer making moves without asking us

Question:
Hi, gonna be brief and somewhat vague, sorry, but the other parties could be looking. Basically, we have an issue with a client, they’re totally in the wrong and it’s a clear cut win for us but I don’t want to lose them as a client so I’m trying to reasons and negotiate. Out of nowhere my lawyer calls their lawyer and mentions we plan on suing. Of course, the client is freaking out now and we never agreed with the lawyer to pursue a lawsuit.

I’m in the US. The question is, is this legal malpractice? Or is my lawyer angling to make themselves more money but in a legal way?

Basically we will now lose this client, and probably what they owe us, because if we sue then it won’t look good to our other clients or future clients, which is why we wanted to go at it reasonably.

Answer:
 Possibly malpractice, depends on the jurisdiction, depends on whether you've got the facts straight here. But taking things at face value, it sounds like intentional misconduct by your attorney.

Regardless, if I were you I would fire that lawyer and try to smooth over things with the client -- if the client is going to be worth doing business with in the future things are probably salvageable in some way.


Title: Company refusing to reimburse business expense (CA, USA)

Question: Trying to keep this concise, work for a company where we regularly have to travel and as such accrue several expenses.  Previously all company required was a receipt to reimburse expenses, but few months ago they switched policy so only itemized receipts can be expensed.  Well long story short I got a non-itemized receipt that they are refusing to reimburse, is this legal or are they required regardless if receipts is itemized or not to pay me out?

Answer:
 California is one of the few states to require all business expenses to be paid.

They may discipline you for not having a proper receipt, but they cannot refuse to pay.

The best way to go about this is to have a simple conversation, act as if "of course" they won't break the law, say something like "so I looked into it and state law says that this has to be reimbursed, with that in mind what's the best way to go forward here?"


Title: Dealership "changed my tire out" which then blew on the highway not to long after.

Question:
Hello everyone.

The incident and my state of residence are both Texas.

I have recently purchased a CPO 2012 Audi, from an official Audi dealership. Full warranty and Audi care.

Not a month after purchasing the car, my front passenger side tire was running low. It happens, not a big deal. I stopped by Discount tire to get it plugged. They found two plugs, right next to each other, where the leak was coming from. The only thing they can do from there is replace the tire.

I went back to the Audi dealership and told them the issue. They stated their CPO tires aren't allowed to have plugs in them.

They looked over the tire and got it "replaced".

Not to long after, I had a major blow out on the high way. Blow out, not a flat, on the same tire. I was able to I put a donut on and went back to the dealership.

They told me it would cost a lot to get my tire replaced, and it would take over a week getting the replacement due to the fact that the tire had been discontinued.

Over the weekend, I had been thinking. There is absolutely no way they could have swapped my tire in a few hours, if they have been discontinued.

I have an appointment with Discount Tire today to get a new one.

So, let's say they realize the tire is the same one that had been "replaced" (it would be pretty easy to tell)

What would my best option be?

I got very lucky during the blow out. It could have ended badly. High way, rough intersection of two major high ways, during a peak time. I have a family. A SO, puppy, and 4 year old. All of our life's and health were obviously at risk here.

Do I get pissed off and walk in with all the proper paperwork regarding the incident? Or should I just go get a lawyer?

Thank you for your time friends.

Edit: I forgot to add my location.

Edit 2: I just got my car back with a new tire. Saved the old one. I had two different year tires before the change (now three I guess. Savings for a while new set commence as of today). I had three 2014 and one 2011. The tech at discount tire didn't speak much English. I just saved the tire and will have it inspected another day I'm not working.

Edit 3: There is definitely adhesive on the inside of the car tire where the blow out was.  Just called Audi USA corporate. They basically told me to go to the dealership.

Answer:
 Contact Audi corporate and ask about your options.

If the replacement tire was new, it should have a warranty. Ask the dealer about the warrant on the replacement tire. I can't believe the dealer would use a used replacement tire, but maybe so. If the replacement tire was used, ask Audi corporate about this.

Hiring a lawyer is probably a few weeks of back-and-forth phone calls away. You can probably resolve this by using Audi corporate to put pressure on the dealer to do the right thing. Answer #2: Escalate to the manager there and see what you can get. You shouldn't have to PAY for a tire. That makes no sense if they replaced it for free recently. I would be battling for some extras too like oil changes or something for the inconvenience and idk.. life flashing in front of me.


Title: Can my husband sure his parents? WA

Question:
His parents never got any of the much needed dental work done when he was a child. Now he needs to have teeth removed because of overcrowding, he needs headgear and braces. (Theres more but thats off the top of my head) I asked why his parents didn't do anything and he shrugged and said his parents told him he could take care of it when he was older and has his own insurance. His parents did not mind getting the other children's teeth done. (braces and such.)

I'm extremely angry at them. Not because we have to pay it. I'm angry because they didn't care enough to do anything. He's only 22. They haven't taken his younger brothers either and I'm super worried about their teeth. (One is 21 and the other is 17)  his parents were pretty neglectful of just him and the younger two. (Seven kids total, his parents never enforced the younger three to go to school to the point his mom pulled them out of school to be 'homeschooled'. There's more but I cant go into it with out getting violent.) Is there anything we can do? I understand if not. But I'm just angry and curious.

Thanks!

Answer:
 I doubt it very much. As someone who was seriously abused by his father I find this kind of petty grievance getting anywhere near a courtroom quite sickening to be honest.

You cannot sue your way to a dental utopia, suck it up and stop letting meaningless drivel get you angry.


Title: Brother with 2 small children given cease and desist letter in rental

Question: My brother is married with 2 children under 4. They live in Wisconsin in a multi-unit rental. When they first moved in, they lived in a one bedroom first floor apartment. When they found out they were expecting a 2nd child, they asked to be moved to a larger apartment. They told the management that they wanted a bottom floor apartment because of the impending noise they knew would occur but the manager placed them in a 2 bedroom upper. Well, flash forward 2 years, they have received 2 noise complaints and the recent one was a cease-and-desist letter, asking them to remedy the situation (how do you tame in 2 young children?) or leave. Is this legal? The management placed them in an upper, knowing of the children and the request for a lower. It is also winter. Do they really have to go to court for this? They have one income for their 4 person household and if he missed work to go to court, this work hurt them financially.

Answer: He doesn't have to go to court *yet*. The letter is just a warning/request.  Was it from the landlord? If the landlord tried to evict he would bear the burden of proof to show unreasonable levels of noise were present.  I am very skeptical to believe that normal children noises would meet that threshhold. One thing they may want to try through is getting rid of any noisy toys. Like for example those insufferable Go! Go! Smart Wheels.


Title: My g/f and I want to get married, but she gets SSDI and manages her money pretty well. I have lots of debt and terrible credit. If we are legally married will she become responsible for my debts?

Question:
We live in Maryland, and are both in treatment for behavioral health problems. Our lives aren't easy but we do want to get married, except I don't want either of our benefits to be jeopardized (we both have Medicaid which is a lifesaver b/c we both have lots of medical expenses we otherwise could not afford.)

I thought  a common-law or civil ceremony might be a good option but I don't know if she will ever be happy with that. Will my financial problems become hers if we are legally wed? thanks

Answer:
 Honestly, if your girlfriend was the one asking questions, the top comment here would be people advising not to mix finances with someone who clearly can't handle their finances as well as she does because it really only opens yourself up to trouble in the future. Answer #2: Don't get legally married.

Go have a ceremony somewhere and be unofficially married.Answer #3: Prior debt does not transfer into her name when you are married.

Financial problems would start to incur trouble for her as well when you take on debt with your spouse; joint account, co-signing a loan, authorized user, etc.


Title: Need Help, Accused of stealing cash while completing Taskrabbit task.

Question:
I do gig work for side cash through the Taskrabbit app. Today I had a task where I rented a ladder, transported it to the customers house, and changed some light bulbs. The project went smoothly, we got along well and we both reviewed each other positively. He had some especially nice things to say about how I completed the task.

I just received a message from him saying "I am missing some cash from my bedroom, you were the only person in the room and I know that you took the cash. Return it and I will forget about the incident, If you do not I will go to the police."

&#x200B;

I absolutely did not steal the cash. let me be perfectly clear about that.

&#x200B;

I have an email into tasker support asking what to do but just in case they fail to deliver an answer do you have any suggestions on how I can protect myself or what I can do to deescalate the situation? I dont think this guy is a scammer, we met face to face, we talked about ourselves and our background and he oversees the IT infrastructure for the state that we live in, the house is a mansion in probably the million dollar range.

&#x200B;

Answer: Tell him to call the police. Alternatively you call the police and report him for extortion. He's done this before.Answer #2: Anecdotal but I've been in retail banking for 15 years and people accuse us of shorting them all the time...only to return or call a little later saying they found it. Only no apologies about the accusations of theft by my teller staff. Yeah, Nancy's been here 30+ years but she was just waiting for her moment to take that $20 from you.


Title: Do lawyers charge per person when representing multiple parties?

Question: My neighbor and i sued our coop, and we won. In return the coop distributed their legal costs onto our monthly maintenance. We they have no standing to collect it so we never paid but every month there is is for years. My neighbor gets a new lawyer and sues them for something else that doesn't involve me. I tell her she should have her lawyer remove those bullshit legal fees on our maintenance. And so he does and in doing so is asking imo a lot of money of each person.

Answer: Layers normally charge per hour.  You have no privity of contract with the attorney so they cannot collect from you.  Nor is your friend likely to have a claim against you for costs associated with this. They had no obligation to do this because you suggested it, they elected to do that on their own. That you get a benefit doesn’t make you responsible for the costs.


Title: Pennsylvania One Call

Question:
A friend of mine was digging post holes in his yard for a fence in Allentown, PA. He hit an electric line at 10 inches and PP&L had to come repair. He DID NOT call One Call because it states that (although it’s a good idea) he is only required to call when digging more than 18 inches and/or with powered machinery. He was using a handheld post hole digger and only going a 12 inches.
He was just served papers today by the sheriff since he refused to pay for the repairs. PP&L is taking him to court. He’s determining if he should fight it in court since from what we’ve found regarding laws and codes, he did not break any.
Any advice would be helpful, thank you!

Answer:
 >  what we’ve found regarding laws and codes, he did not break any

But he did damage the electrical line. So why wouldn't he be responsible to fix that?


Title: [USA] I got scammed but realized what I was into within the 3 day rule of PA regarding contracts. They are now shouting about the non-refundable deposit I put down is something I cannot get it back despite the 3 day rule. What should I do?

Question: After doing some digging my Dad and I realized what I was in and back out the day after I signed their agreement. It was a company that provided a service and they were not registered with PA to do business according to PA's corporation database. Now if I read things correctly according to PA law I do have 3 days to back out of a contract and get back whatever money I may be deposited. I am trying to get it back but they are not giving me it back. They had put a transaction through on my bank account  but it got taken away last night. I checked again today and they put the charge back onto my account again. My dad is considering taking them to small claims court. What should I try to do?

Answer: How did you get scammed? And if you did legitimately get scammed, what makes you think scammers are going to return a deposit and abide by the law?


Title: What happens to the parents if an underage person dies at a party at their home that they didn’t know was being held?

Question:
A friend of mine was having a pregame at their parents condo in high school that is on the 71st floor of a building. The parents were out of town and did not know the party was being held. During the party one of the kids thought it would be cool to stand on the other side of the railing on the balcony. If that kid had fallen and died what repercussions would the parents (home owners) receive?
Topic:
Landlord Tenant Housing

Answer:
 Could the parents be sued? Yes.

Winning all depends on the details... And location

But since it didn't happen, it doesn't really matterAnswer #2: It depends on the country, state, and province.

But the critical part is that the parents didn't give permission for the party to occur, nor did they provide alcohol.

Under the theory of "social host liability", adults can be held civilly liable and charged criminally when damage or injuries arise as a proximate result of them providing alcohol to minors, or providing premises for minors to consume alcohol.    The laws regarding this sort of thing vary widely, even between US states.

Removing alcohol from the equation, it's possible that the homeowners could be held liable for not sufficiently safeguarding hazards in their home against idiot teenagers, but it would be a pretty long reach.

&#x200B;


Title: Landlord enforcing rules not in lease

Question:
Hi, I rent a room in a house (with my own lease for the room) and my landlord is demanding I follow rules not listed in the lease. She does not live on the premises.

I have been told that I cannot have an overnight guest (ever) yet the renter in the back room literally has a live-in girlfriend.

Another tenant has broken this rule (again, not in lease) and she told me she was going to charge him $20/night for having a guest.

Can she enforce this no guest rule and can she charge for a guest (even if it’s not in the lease)?
Topic:
Landlord Tenant Housing

Answer:
 > Can she enforce this no guest rule and can she charge for a guest (even if it’s not in the lease)?

No, only the terms in the lease apply.

>  Have also been told that I’m not allowed to watch tv past 10pm (no matter the noise level). Can she do this?

Assuming its not in the lease, she can't enforce that either.Answer #2: Not sure about the overnight people. But the incense might be due to the many fires California has. I lived in SF and had a similar request but found it ok, considering how many houses burned down all the time.Answer #3: Tell her to pound sand. The only enforceable thing is the incense. Everything else seems like needless and unenforceable power tripping.


Title: New Jersey - If you sell a financed car to a dealership, what happens if they don't send the check for the pay-off?

Question:
I sold my Honda Pilot 2013 using the AutoTrader tool to a dealership in NJ (not a Honda dealership). I signed all the necessary documents to complete the transaction, removed my license plates and returned home.
I still owe ~$19k to Honda Financial Services and I sold the car for $30k. Even the documents I signed say that the pay-off amount is $19k and that the balance of $11k will be sent to me.
That same afternoon I got a call (from the person that managed the sale process from the dealership) saying that his manager thought the car wasn't worth that much. and that they need to take the car to the AutoTrader auction center to try to sell it there. He mentioned they could give me a check right away for $29k ($1k less than what I paid) or try luck in the auction center.
What should I do?
What happens if they don't pay the amount owed to Honda Financial Services? Who's responsible for that even though I've signed all the documents to sell them the car
Should I cancel the insurance policy on the car?
Can they do that? Is that legal? Can they told me they will pay me a different price after I signed all the paperwork?
What should I do?

Answer:
 If the documents are all signed and there's no provision for them to alter the sale price, you tell them to honor the contract they signed or you'll take them to court.

But without seeing exactly what you signed, we can't say for sure.  It's entirely possible that the sale contract gave them some right of refusal or price alteration.  It all depends on the contract.Answer #2: Sounds like fishy car dealership shenanigans that I don't know anything about, but as for the insurance, don't cancel it.  Once the dust settles and you're sure you're in the clear, you should be able to cancel retroactively and even recoup whatever premium you'll pay for the days in which you no longer had it in your possession.

Disclaimer: I'm in insurance but not in New Jersey and New Jersey is a regulatory shit show so this advice may or may not apply there.  Regardless, even paying a few days extra premium is preferable to not having coverage if something goes sideways on you.


Title: My SO received a ticket for parking on the street in front of his house in a residential neighborhood

Question:
We live in [Georgia]. He currently rents a house with 3 other people, and there are six cars between them. There's only enough room for 2 in the garage, and 2 on the driveway. The property is big enough that they can fit two cars in front of the house on the street. The way they usually park on the street is having half the car up on the grass of the property since there's a sloping curb and not a raised curb. There is no sidewalk being blocked, and the road is easily passable for both lanes. It's a residential neighborhood just outside downtown (city he lives in)

He received the citation at 3:25AM this morning. He's lived in this house for nearly a year now and has parked like this numerous times before. What gives? He doesn't think it's worth fighting if it's a small fine, but I think it can easily be contested in court. The ticket said he wouldn't be able to see how much the fine is until 2 weeks from today at least. Is it possible there's a new ordinance or law? There's no public parking except for 10 minutes driving down the road to the main downtown area.

Any and all advice would be appreciated, thanks.

Edit: Thanks for the advice everyone. My SO is going to show up to the court date and explain his living situation to see if he can avoid having to pay a fine for not having his own place to park. From now on he's going to park his car on the street fully instead of half on/off to avoid another citation. The parking situation between the tenants will be discussed eventually. It's hard for all his roommates to be in the house at the same time with different work and class schedules. Thanks again!

Answer:
 Ok, so *four* people live at this house and there's enough proper parking space for *four* cars.

Perhaps your SO should work out with the other tenants that each person gets to park 1 car in the proper spaces and the person/people with extras park in the street (if street parking is allowed) or obtaining an alternate location to park their spares.

I'd hesitate to involve the landlord since you never want to fling shit in your living space, but if your SO is paying the same amount as the other tenants, he should get equal access to the amenities (including legal parking space). Answer #2: What is the ticket for? Is there an ordinance number on it?


Title: Private school trying to charge me $600 unenrollment fee that I never agreed to (PA)

Question:
So I briefly taught upper level courses at a local private high school. It was always going to be a short term agreement because it was far less than I was making at the college level even teaching part time; however, it was a good arrangement while I finished my PhD. I was saving money on insurance and part of my pay was a substantial tuition discount for my son that was worth it to me at the time because, at least back then, I liked the school. The longer I was there and learned about what went on behind the scenes, that changed.

However, the last week of school, the Head of School called a meeting telling us that they had to "tighten the reigns" financially and we would be paying for more of our own insurance... basically, we would now be paying for all of it. And it's pretty awful insurance to begin with. They next day, they gave us our contracts for the 2019-2020 school year that reflected this substantial pay cut and gave us a week to sign them.

There was absolutely no benefit for me to stay. My insurance would now cost the same as my private insurance and I would make more teaching at the college level, even as an adjunct, which I liked more anyway - and it certainly looks better on my CV. Moreover, without the tuition discount from me working there, I couldn't afford to send my son there. I sent my letter of resignation and withdrew my son  for the upcoming school year. I want to note that I completed  this less than 2 weeks after the previous school year ended.

I assumed I was losing his deposit - notably, I never agreed to that but by not withdrawing him, they auto-re-enrolled him and charged me $250 for it. I had already paid it so I figured it was a lost cause. To my surprise, not only did I lose this deposit but they sent me a bill for $600 for "late unenrollment" and gave me exactly one week to pay it.

This "late unenrollment" date, which was apparently May 31, wasn't listed on any documentation anywhere - documentation signed by me or just in general. I still can't find it on their website but I guess it's possible that my failure to unenroll him counted as a contract of some sort even if I can't find any documentation of it. My ex-husband, who splits the cost of my son's tuition with me, is insisting that we just don't pay it because he thinks it's unreasonable and there's no evidence that we ever agreed to it. I think it's unreasonable too given the curveball they threw with cutting our pay at the 11th hour - after all of the faculty kids had been re-enrolled and after it was too late for most of us to find other employment - but I am a bit concerned about this impacting my credit or that they could take us to court for nonpayment.

Any one have any thoughts about this?

&#x200B;

TL;DR: being charged a "late unenrollment" fee that isn't listed on any documentation .. if we refuse, can they take us to court for nonpayment?

Answer: Anybody can take anyone to court for anything but in this case they'll end up paying you for wasting everyone's time.


Title: Child Abuse help

Question: Hello. So my question is my fiance's ex husband doesn't like that we are together and I'm around the kids so he file a Child Abuse suit aginst us insinuating I hit there son in the face the child is 5 but  because  I was never alone with the child. Then he filed for emergency hearing and the judge stated I was to have no direct contact with the kids how do we get this changed or dismissed I can pass a lie detector test I never hit him but we are at a lose.

Answer: You very much need an attorney in your area.


Title: [Seattle] Luxury apartment security put my girlfriend at huge risk of being attacked with a weapon

Question:
Hello Lawyers of Reddit,

We live in Seattle.

Me and my girlfriend need some advise on how to handle this situation. Very recently my girlfriend was inside the lobby of an very expensive apartment (for work) and there was a vagrant in front of the locked door, threatening her to rob her as he rattled the front door. Then as he rattled harder, the door opened. The bum came in the lobby and he pulled out a weapon which happened to be a broken glass bottle and asked my girlfriend to buy drugs. My girlfriend said that she didn't want to, but he kept asking with this weapon in hand. Then the front lobby person came and the vagrant said "She thought I was going to rob her! I don't jump females". Then he left. The lobby person didn't call the cops right afterwards while my girlfriend was deeply disturbed and was crying. Then she went home scared... She called me while I was at work and I rushed home to take care of her. I feel very angry at this vagrant and the apartment for failing security. We also decided that she won't be doing that job anymore which is her primary income because of this.

We are now wondering what's the best course of action we can take after making the police report. We feel that we should receive some compensation for what happened in that apartment. Their security failed which led to emotional trauma and loss in income. Please give us some advise which can help us. Thank you.

Answer:
 >Please give us some advise which can help us

Get some therapy.Answer #2: > failing security.

Actually no. Security worked. The door kept him at bay giving her notice and time to retreat. Then came assistance. No one was harmed. Security worked as it should. High-five security.

> We feel that we should receive some compensation for what happened in that apartment.

Sadly, vagrants are pretty much judgment proof. I would not advise.

> Their security failed

Again no.

> which led to emotional trauma

If you have psychiatric injury please see a mental health professional.

> and loss in income.

.....your gf works in the lobby? Does she sell drugs? What loss of income. Surely you don't think someone owes you money because you choose to leave work. Was she on her way to work?


Title: Florida - Need advice on what happens if you invite someone you know into your home and they won't leave.

Question: My mother lives in Florida, and she has used a contractor for home improvements for many years.  She knows this person well, but doesn't really consider him a friend.   Recently, this person started showing up at her home and asking to come in to "rest".  He arrived with what looked like a packed bag.   My mom has denied these requests several times, and started calling the police.   I advised her to get a restraining order.   She is concerned that if she consents to letting this person inside, that he won't leave and would have legal rights to stay.   Is this true?

Answer:
 Yes, it is true. There was a case here where someone let a girl stay for 3 days, and after putting her personal effects everywhere, the police deemed it illegal eviction when he tried to kick her out.

Keep calling the police if this guy stops by.


Title: A girl falsely accused me of rape (both minors) she later admitted that she made it up, but I am severely emotionally damaged by the entire experience, and I think she deserves any possible punishment she can get.

Question:
Houston, Texas

I was 16 and she was 17. I'm currently 17 and she is either 17 or 18. Ik that may be an important distinction but Idk when her birthday is. She just finished junior year and I just finished sophomore year. My parents do not support the action of going after her in any way, but she deliberately tried to ruin my life because I broke up with her very kindly (in my opinion) and as far as I could tell at the time, rather amicably. I believe it is important to note that she is very high functioning autistic, so high functioning, though, that you wouldn't really know it unless she told you (like I didn't know until she told me.) Maaaaybe, you would suspect it I guess, but you seriously wouldn't know it. I was wondering if I could sue her for damages or something on my own once I turn 18. I don't want to go into it, but there is copious concrete evidence that the sex was consensual and her idea, and I was legitimately damaged by the experience, though I'd rather not describe how. I will if it's necessary though, just ask and I'll answer any questions.

Answer: Well, what are your damages? Who did she tell these accusations to and what happened to you as a result?


Title: Attempted to deliver evidence to police; 5150'd <California>

Question:
In an attempt to inform authorities of a grow house on my property I am renting I found. Brought several pounds of marijuana to police department.
On my way I had a flat tire and was towed to a tire repair shop opposed to police department as requested to dispatched driver.

While at repair facility I requested they call the police to pick me up and bring me to the station. Police arrive asking why I want to go the station. Stating they can't leave my car at the repair shop or tow car with them to station.

Again I inform them I want to turn in evidence and report a crime. Not wanting to be held liable for the activity on property. Or worry about being attacked for what I hold. In past house was robbed for 1/10 of what I have and person sent to hospital.

I'm informed I need to show them first to see if I can get help. Hoping to do this in private I am essentially without an option and show them several pounds of marijuana in my bags stored in vehicle.

Upon inspection the authorities place me in handcuffs and say they are going to take me somewhere to get help. I arrive soon at the hospital where I am told I have been involuntarily committed. Next day transferred to another hospital and speak with staff who doesn't believe what I did. I stay for 6 days until another doctor says I don't belong here.

I've tried contacting local attorneys without success, don't practice in this area or no return call. I would imagine one should feel safe in going to police to hand over evidence of crime in progress.

Thank you.

EDIT: Sorry, question being what type of case would this be? Civil, personal injury, police abuse? Is this grounds for a lawsuit or other legal action against the police, hospital or other action necessary.

EDIT2: Spoke with more than one criminal defense attorney asking if this a crime of possession or intent to distribute due to handing over drugs to police and was told that is not the case.

EDIT3: Many are asking why I immediately chose to go to the station. I did not. From discovery to 5150 was 6 months. During this time I documented who came and left the property while informing police of criminal activity going on. I was recovering from back surgery and had little money to find a new place.

Asked reddit what I should do too, which got nowhere because people didn't believe I found grow house on property.

EDIT: "if a person summarily arrested as one dangerously insane was actually sane, the arrest is illegal, with whatever legal consequences that may involve, usually liability of the arrester to the arrestee for false arrest or false imprisonment." (Id. at p. 577.) The first case cited to support the latter statement is Collins v. Jones (1933) 131 Cal.App. 747, 750 [22 P.2d 39], which affirmed a damage award for false imprisonment to a plaintiff who had spent four days in a mental ward even though there was "no evidence nor claim that she ... was disordered in mind to an extent that would or might render her being at large dangerous to the person or property or health of herself or others ...."

In 2014, the Ninth Circuit, in Sheehan v. City and County of San Francisco, addressed the use of
force in a Section 5150 case as an issue arising under the Americans With Disabilities Act
 In Sheehan, the plaintiff
alleged “there was no immediate need to subdue her and take her into custody” and because
she had locked herself in her room, the court held a “reasonable jury could find that Sheehan
was in a confined area and not a threat to others—so long as they did not invade her home.”75
The court stated that, under these particular facts, a jury should decide whether the officers
should have “used the passage of time to defuse the situation” or “non-threatening
communication” as a “reasonable accommodation” for her disability, rather than allegedly
precipitating an immediate confrontation, which they arguably should have anticipated would
be deadly.76 However, if there had been additional facts as to a more immediate danger posed
by an unsecured person, the court may have dismissed the reasonable accommodation issue
without allowing it to go a jury.

A Negligent Tactics Claim Under Hayes Might Not Be Actionable If The Officer Is
Making A Lawful Arrest For A Crime
The California Supreme Court in Hayes distinguished its 2009 opinion in Hernandez v. City of
Pomona.

Hayes carefully avoided deciding whether pre-force tactical decisions can be
actionable negligence in non-deadly force cases by couching every sentence in the opinion in
the context of deadly force only. This careful use of language suggests the “no duty” rule for
pre-force tactical decisions may remain good law in non-deadly force cases under Munoz.
If a negligent use of force claim can be based on an allegedly negligent tactic preceding a nondeadly
use of force, and Penal Code section 835a and Hernandez do not provide a defense in a
lawful arrest or detention situation, then a pre-trial dismissal in a force case will be made even
more difficult by the lack of any common law or statutory immunity.

To avoid liability under Hayes and Sheehan in Section 5150 calls that result in the use of force,
an officer should therefore attempt, where practical, to:
• Utilize a records check/collect information about the subject before contact, time
permitting,
• Call in staff with mental health expertise, if available, and
• If there is no immediate danger, proceed slowly with non-threatening language so as
not to “provoke” the person.

In Austin B. v. Escondido Union School District, the court apparently read Venegas narrowly as
only addressing the issue of discrimination, and therefore, cited the Judicial Council’s approved
California Civil Jury Instruction (CACI) 3025 (now 3066) as correctly stating the elements of a
Section 52.1 claim.
86 CACI 3066 requires the plaintiff prove an officer (1) intended to “prevent”
the plaintiff from exercising a civil right, or to “retaliate” against the plaintiff for actually having
exercised a civil right, and (2) did so by “threatening or committing violent acts.” CACI 3066 and
CACI Jury Verdict Form VF-3035 both require the plaintiff to prove the officer threatened or
committed a violent act “to prevent [him/her] from exercising [his/her] [constitutional] right or
retaliate against [the plaintiff] for having exercised [his/her] [constitutional] right.”87 This
element of intent to “prevent a person from exercising” or to “retaliate against a person for
having exercised” a civil right appears to be based on the phrase in Section 52.1 that prohibits
interference “with the exercise” of rights secured by law. Again, in Austin B. the court stated
CACI 3066 was correct.

Answer:
 I can't address your other issues, but no, a person should not take evidence from a crime scene and attempt to deliver it to the police.

To get it to the police station, you have to *possess* it, and possession is a crime -- even in this circumstance.

Answer #2: I feel like there's a lot missing from this question.  Most notably, a question.   Also, other things like details.  What was their reason for 5150ing you?  That's not something they do to people who turn over pounds of pot to the police.Answer #3: Everything they did was appropriate; you have to be crazy to bring pot to a police station…Answer #4: Do you have a question?Answer #5: I wonder if there was actually marijuana in the bags. Answer #6: > Spoke with more than one criminal defense attorney asking if this a crime of possession or intent to distribute due to handing over drugs to police and was told that is not the case.

Well, yeah, it's not if they can't prove the charges in court, but it's certainly enough to charge you in the first place. Think about it. If turning the drugs over to the cops was enough to get someone off the hook free and clear, everyone ever caught in possession or distributing would just say,"here, Mr Officer. I was just bringing these drugs to you. Am I free to go?"

That's not how it works.


Title: Question about bars offering Xbox 360 games

Question:
I work at a bar in Washington state that is considering buying an Xbox 360 to let the patrons play. We were considering charging some sort of rental fee for the controllers or the right to play for an hour, but I'm worried that by charging (or even offering such a service) that we may be violating some sort of DMCA provision. I figure that by buying the console and letting customers play it, we would be well within our rights so long as we weren't making money directly off of the console. However I know next to nothing about copyright law and how it applies to video games and businesses. Would we be in violation from simply allowing customers to play? Would having an Xbox in our bar require us to get some sort of license from Microsoft or the company whose games we would allow? If we started offering tournaments would that change anything about this?

Thank you for taking the time to read this. Any advice is greatly appreciated and I am more than willing to answer any questions for the sake of clarification.

Answer: Why not just charge for TV time instead.


Title: Infidelity and divorce question.

Question:
My wife cheated on me, but our house is in both of our names, however, the actual loan is only in my name.

How will infidelity play into this? If we were to sell it would she still be entitled to half of the profit since her name is on it? Any advice would be helpful. (The house is the only thing I'm really worried about. )

Location: GA

Answer:
 Location matters, but chances are, infidelity won't matter for property division purposes.

Edit. Ga is an equitable distribution state. That means each spouse is entitled to an equitable share of the marital estate. Equitable usually means equal, but not always. From what I'm seeing, fault is not a factor in GA property division unless her behavior resulted in wasting marital assets (such as taking a boyfriend on an expensive vacation using marital funds). There are lots of factors for property division, but adultery isn't one of them.


Title: Preschool laws, Missouri.

Question: My child is 3 and long story short, the preschool he is enrolled in threatened to kick him out if I didnt move him programs to a different school or if i didnt send him to both. And they also threatened to kick him if we didn't do further testing for autistic characteristics. The thing is these programs arent related nor are they ran by the same people. The second facility told me sometimes they work side by side but they aren't affiliated with each other. My question is, is this illegal? Is there anything I can do to fight this?

Answer: What do you want to fight? If the school is having trouble controlling your son or if certain behaviors have been observed please consider their advice. Testing through the school should be no charge. If you are not satisfied with the results get a secondary opinion.  After the testing is complete a meeting with be held to plan what help or assistance your son may need.


Title: Calling Georgia Attorneys! Legal Questions regarding opening a credit repair business within the State of Georgia

Question:
Ok, so to give a short background of my situation:

I'm was born and raised in Georgia but have been living in California for the past 10 years. I am currently in the finance industry and have been for the past 7 years. I am planning on moving back to GA within the next year and have been tossing around ideas for a company startup.

I have had past experience, in CA, working in the credit repair business. Given the current state of the economy, I had decided to look into opening up my own credit repair business when I move back, so that I can finally work for myself.

Well, upon my research, it appears that GA is the ONLY State in the US that has made operating a credit repair business illegal. The only exceptions are Attorneys who practice this type of service and Non Profit Organizations. This is where my questions come in.

Assuming I will not be able to open up a Non Profit, and knowing that there are credit repair companies (law firms) opearting and offering these services, what are my options?

1. Soliciting credit repair to GA residents doesn't seem to be illegal, or am I not understanding that?
2. If you register a LLC in another state, like DE for instance, could you still run a credit repair business from your home in GA? as long as you're not soliciting to GA residents?
3. Could you simply have an attorney licensed in the State of GA as a partner in the LLC , and then operate your credit repair business that way? Would only the attorney be able to consult clients?
4. Back to question 3. IF you were able to ger around this state law by having an attorney as a partner in the corporation, would said attorney need to also reside in GA? or could they be physically located elsewhere?

I've been researching for days and have not been able to find out answers to any of those specific questions. I created a throwaway in hopes my friends at reddit can help. My only other option is contacting the Secretary of State or having to pay an attorney for their time to obtain this legal advice.

any help with any of those questions would be amazing.

Thank you!

Answer: These sort of questions are far outside the scope of what advice we could provide. Since credit repair companies appear to be illegal in GA, you absolutely, positively, need to spend several hours with an attorney in GA familiar with the relevant legislation, as well as a corporate attorney who is familiar with structuring a company to best shield your person for liability. We simply wouldn't be able to provide any meaningful advice other than to consult with someone who is able to review everything and advise you.


Title: (south fl) Being held in contempt for missing custody / child support hearing - mental health disabilities in play

Question: So I get a phone call a couple of days ago.  Its the judge for my custody / child support case.  Its actually my ex's case and it almost closed on its own because she "kidnapped" our daughter and moved from south florida to missouri as her means of breaking up with me after 5 years.  I used it to bring my kid home by filing a response to her paternity claim.  The judge wanted to know why I missed the court date and I tried explaining that I legitimately had no recollection of being told when that date was.  I have bipolar disorder and also adhd.  I see a therapist weekly and a psychiatrist monthly.  I was also late to mediation.  I was surprised by that date as well.  Literally, the first topic i brought up with my therapist was my inability to be on time to anything.  It took me 3 hours to leave the house for grocery shopping the other day.  I dont mean for this to happen but I have to take life day by day.  I have no family and never really made any friends out here. So my support is limited to my boss whom I owe 10k to for attorney fees and a replacement vehicle.  I have permanent work at home rights because i had a manic episode at work during hurricane irma apparently.  I dont remember it that way but it is what it is.  My concern is two fold.  One, am I going to jail? will the judge be like, tough shit, jail time?  and two, if i tell him I have these issues, will it threaten my 50/50 custody agreement?

Answer:
 No. Contempt of this sort can be "cured." You need to make sure you catch up on anything you were supposed to do or file, attend your court dates, and show up on time.

You're not the only person with mental health issues who needs to be certain places on certain dates at certain times. Figure it out if you want to avoid contempt. Answer #2: Do you have a smart phone or tablet that you can keep dates and times on?  If not, grab a calendar or even a weekly planner for the entire year.  Put every appointment, every chore, every event, absolutely everything in it.  Hey in the routine of looking at it as you get up for the day.

Alarm goes off, sit up in bed, and look at the calendar for what you have to do that day.  Also, get in the habit of looking at it after each task, apointment, event, whatever.

Routines will drastically help with the ADD.  So get in the routine of writing all of your plans in the planner until it becomes second nature and get in.the routine of looking at it when you've completed something.

ADD can be overcome.  Do you take medicine for your ADD?  Have you considered asking your doctor what they think you should do?  Meditation will also help a lot.  Try learning to meditate.

This isn't legal advise but it's advise on how to help manage your ADD.


Title: 1st time dui .17+ bac in Novi, Michigan

Question: Got arrested and spent the night in the drunk tank. Didn't have to pay any bail and I was released the next morning. The police said that I probably won't be facing any jail time and I am only charged with the dui. What sort of consequences can I expect from this? I understand that to some degree I am going to get fucked but was wondering to what extent?

Answer:
 •Up to one year license suspension

•6 points on a driver's license

•Mandatory completion of an alcohol treatment program

•Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver's license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.

That is just the administrative issues. The criminal penalties are:

•Up to $700 fine

•Up to 180 days in jail

•Up to 360 hours of community service

Conviction of first offense in Michigan will influence charging and sentencing of subsequent OWI/DUI arrests for a period of seven (7) years

How over 0.17 did you blow? If it is close an attorney may be able to help you plea down to the 0.08-0.17 BAC range.

In any case, you do not want to go through a DUI case alone. Contact a few local attorneys, most give a free 15 or 30 minute consultation. If you need a reference, contact the Michigan Bar Association.


Title: If I were to pay for my own phone and phone bill would my parents still be able to confiscate it?

Question:
I'm 17 years old and have the appropriate income. My parents tend to confiscate electronics often for small misbehaviors but this is causing an issue as far as school goes as I go to a BYOD school. I've tried explaining this but they're not open to compromise. Furthermore my dad displays emotionally abusive tendencies and I believe this is an attempt to isolate me. So if I were to pay for everything would I be able to file a theft charge if they take it?
Topic:
Juvenile and Youth Law

Answer: Yes they can still take it.


Title: I catfished and admitted to it said her godfather is a cop

Question:
So I was catfishing an older woman on POF.  I know right away me saying this.. I'm a piece of crap for it.  I keep saying I shouldn't do it and it's a bad habit.

I never tried to take anything from her, never asked for nudes.  All I did was flirt.  It made me feel good having her compliment or be excited.  I sent fake nudes of my own.  We then texted, I used an app.

We only talked for 24hours essentially.  The truth got let out to her and she went ballistic.  She started saying it's a good think we never met because she would have attacked me.  She ten said "you dont fuck with the daughter of a cop". Her God father is a cop and she said he's going to track me down and get me arrested just like her abuser that caused her PTSD got arrested.

Should I worry?  Can I be arrested.  I never did this to purposely cause emotional harm, and I never once asked for nudes or money.  It was all flirting with a fake profile.  I lied and I'm shitty.  But now I'm scared.  We are in different states too.

And yea downvote me and call me bad. I know I am and I need help.

Answer: Nope. She's almost certainly reverse catfishing you.


Title: [FL] Could someone get in trouble if he is ordered to pay child support and he pays $500 a month in child support in pennies?

Question:
My friend's girlfriend got pregnant and the test showed he is the father. He doesn't have visitation or custody or access at all but he got told to pay child support to the tune of $500 a month. The baby is 3 months old and so far he has paid the mother on time but always in pennies. She says she is going to complain to the court. Could she really do this if he is actually paying on time and the amount he is supposed to?

*Edit:* Location is FL

Answer: He paid her 280 pounds worth of pennies on 3 separate occasions? He was able to acquire 50,000 pennies 3 different times 3 consecutive months in a row??? Pics or it didn't happen.Answer #2: Yep absolutely.  The judge can put in the order that he shall pay by check, money order, or certain denominations if he or she has to.  Your friend is an asshole.


Title: Cryptocurrency Financial Advising

Question:
So,

Are there any laws stopping me from starting my own cryptocurrency financial advising firm? I was interested in possibly doing seminars, helping people invest, and trading for them as well. I know it's not regulated by the SEC, so are there any licenses that I need to obtain before being able to legally give people advice and charge them for it?

Also, are there loopholes or ways to charge people without braking the law if there are regulations that are stopping?

If anyone would be willing to listen to my plan in depth I would be happy to compensate you for your time and research and helping my next course of action.

Answer:
 You need a lawyerAnswer #2: > I know it's not regulated by the SEC

Says who? Also, what about the CFTC? Talk to a lawyer with cryptocurrency knowledge and experience.


Title: Neighbor honking horn excessively

Question:
I'll try to make this quick: in my neighborhood (Bradenton, FL) there is a man who will, every time he drives past my house, honk his horn repeatedly.  This can and does happen at all hours of the day and night and has persisted for several months.  I've had enough. When it happened again yesterday I jumped in the car and tracked him down to his house, about 2 blocks away, confronting him about his actions.  He stated he honks because, "those cars are always parked on the street."  That's right, he honks his horn because he dislikes my neighbors (legally) parked cars across the street.

Rather than say (or do) anything incriminating/stupid, I left.  Since then, he has escalated this honking, to the annoyance of my family and our neighbors.

Legally, what can be done about this?  Does this qualify as a "public nuisance" or "disturbing the peace" or something similar?

Answer:
 INAL.
How annoying. A quick look at Florida laws for car horns say that the driver should use it when it is reasonably necessary for safety. I also see that someone can be ticketed for excessive and unneccesary honking.

https://www.lawserver.com/law/state/florida/statutes/florida_statutes_316-271

https://www.abcactionnews.com/news/national/woman-issued-ticket-for-honking-at-cop-here-are-the-honking-laws

I would contact your local police department and describe the problem. If it is a regular occurance and your neighbours complain too, perhaps the cops can come out and catch the person while they are doing it.Answer #2: Chasing him down and confronting him is an excellent way to get shot. Don't do that.

Set up a camera in the front of your house to record him and collect evidence. Get his license plate. Then call the police every time he does it.


Title: Contractor never finished job but says I still have to pay the invoice in full

Question:
I'm in a bit of a difficult situation, and I'm looking for some advice about my rights. I'm in Canada.

I hired a company to install new countertops and add a raised breakfast bar to the half wall in my kitchen. I received a quote for materials, template, and installation and hired the company. I provided an image and answered any questions they had when we were determining the price.

Someone came for templating and measured anything that was relevant. They installed the main part of my counters without an issue, but since my my wall has metal studs (they assumed they were wood) I was told it would be impossible to install the raised breakfast bar.

I was given the options to either cut the width of the breakfast bar in half (it would have a 3 inch overhang) or else add legs on with end of the bar (essentially a table). I spoke with the contractor and told him that wasn't what I had agreed to when I hired him. He said it was impossible to install it any other way. I then asked if I could hire someone else to finish the job, which he agreed to.

Someone else came in and finished the job for $X. Now I went back to the original contractor and told him I would only be willing to pay the original price less $X charged by the guy who finished the job for me.

He is refusing to accept anything less than the full bill, even though he did not complete the job per our agreement. His argument is that the metal studs in my wall make it more costly to install the bar and the quote did not take that into account. My argument is that he didn't do his due diligence by not asking if I had metal studs or looking into it before providing a quote. Am I required to pay for everything?

Answer:
 When the first contractor said that they couldn't do the work the way you wanted you should have asked them to give you a new quote for everything except for the raised breakfast bar.

Even though he agreed to allow a second contractor come in and finish I doubt he agreed to let you knock the cost of it off of what you owe him.

That being said, I think that you're both wrong here. You probably won't be allowed to subtract the cost of the second contractor from what you owe the first; however, you probably don't have to pay him for work that he didn't do. What you owe him is what you agreed to minus the cost of what he was going to charge you for the breakfast bar that he didn't install.Answer #2: You're both in the wrong here.

The contractor didn't do the work for the breakfast bar, so he shouldn't be paid in full for it. He should be paid for the work he did do, which for the breakfast bar would at most be demo for the wall. That said, you only get to subtract the quoted portion pertaining to the breakfast bar, not what you paid the other contractor. Your agreement with the second contractor has no relevance to the first.

You're in the wrong for expecting the contractor to automatically know you have metal studs and for being unreasonable with your expectations. Setbacks happen in construction, and sometimes you open up a wall to find something there you didn't expect. It's unrealistic to think a contractor should know what studs you have off the bat or for being upset the work you hired him to do is now physically impossible. You frankly sound like a nightmare customer.


Title: How much force can I use if someone breaks into my home (Alberta, canada) trying to hurt me?

Question: The intruder is in my home, and I don't know what weapon he has. Can I shoot the intruder while inside my home?

Answer:
 It is completely dependant on the mitigating factors of the situation. Some drunk idiot wanders into your backyard? No, you can't shoot him. A group of individuals plan a home invasion and break through your door? It may be justified.

Some things you would probably like to read: http://news.nationalpost.com/news/canada/man-faces-jail-after-protecting-home-from-masked-attackers

http://www.cbc.ca/news/canada/self-defence-what-s-acceptable-under-canadian-law-1.1229180

The actual law:

http://laws-lois.justice.gc.ca/eng/acts/c-46/page-6.html#h-10

http://laws-lois.justice.gc.ca/eng/acts/c-46/page-6.html#h-9

Reasonable force is justified in order to defend your home.

In your scenario, if you "don't know if he has a weapon" and you randomly shoot him - You may land in hot water.


Title: [Kuwait] I'm a DoD contractor, can I make campaign donations?

Question: I'm a Department of Defense contractor working for the US army in Kuwait. I'm a US citizen, typically residing in North Carolina. On campaign websites, I've read that it's illegal for federal contractors to donate, but I can't seem to find a definition anywhere. I'm not sure if I fall under that. Can I legally make campaign contributions in local and federal campaigns?

Answer: You should speak to your local DoD legal rep.  They can tell you what part of the Hatch Act you're covered under and what that means for you.


Title: [OR] Car towed from apartment lot. I was told multiple times that parking was first come first serve.

Question:
Location: Oregon

Moved into a new apartment and only chose this apartment because the parking situation met my needs. I asked if I needed a permit and was told that parking was first come, first serve. Upon move in, I asked again and was told the same thing. I parked normally for two weeks, but today, my car was towed. The apartment manager said that I had received papers detailing the parking situation when I moved in.

I received no papers on move in.

There are no signs or markings on the spot I was towed from.

The lease mentions towing from designated spots, but I was never notified about what sports were designated and was specifically told that I could park anywhere.

If I seek reimbursement, but end up having to sue, do I have a decent case?

Answer: I think you have a decent shot.  They will pull out some generic papers and claim they gave you copies.  You'll be in luck if any documents required signature and your signature is not on them.


Title: Accidentally Broke The Law, Trying To Start A Winery

Question:
Hey folks. Throw away account here, because I'm having a panic attack right now.

Say I made a big mistake and had a very small fundraiser to raise money for my winery in Salem, Oregon. Say I've already sent in my applications to the OLCC and TTB and are waiting to hear back from them.

There was a food pairing and a raffle for donations at the fundraiser. I later found out that we can't do that. We DO NOT want to do that again, and have no plans on breaking the law again. It was an ignorant mistake.

Am I automatically screwed once the state or feds find out that this event happened? I am considering talking to the state investigators about it in advance, but would that just be me setting myself up for a fat fine and broken dreams?

Thanks for any insights.

Answer:
 Rule 1 of Legal Advice: Don't do illegal things.

Rule 2 of Legal Advice: Don't admit to doing illegal things without approval from a lawyer you have paid.

Take a deep breath. Calm down. You aren't doomed. This isn't the end of the world. Little mistakes happen, just keep your head down and do the right thing going forward. If they investigate then you can consider cooperating, if your lawyer arranges it, but until they investigate don't do anything.


Title: [TX]City uniformly raised the appraised value of lots of land without consideration for flood risk. Do I have an avenue to protest this if my lot sits in a flood plain?

Question:
The real estate market in my city has been booming. So, while I got a steal on a fixer-upper about 3.5 years ago, other homes in my neighborhood are now selling for over ~$100k+ more than what I paid for mine. In the long run, I seemed to have made a good investment, but since I don't plan on moving I am now getting hit with consistently higher property taxes year over year.

I do have a homestead exemption, so the assessed value that I am taxed on will increase at most 10% each year, but by the looks of it there is no sign of that leveling out.

To make a long story short, a 100 year "high risk" flood plain runs through a corner of my lot and my garage. A few of my neighbors are also in the same flood plain, but a number of them were able to file a letter of map amendment (LOMA) to get their properties out of the 100-year flood plain. As a result, while they are probably still paying for flood insurance, their premiums are much lower than mine.

In the past two years I have tried to bring this up during a formal protest, but I've been generally shot down by the city telling me that they: do not consider flood plains in their calculation of market values; and they do not see any market data indicating that homes in the flood plain are selling for less than other homes.

Now, the city has uniformly increased the appraised value of the land of each property from ~$50,000 to $100,000. What I am wondering is if I have  a leg to stand on in trying to protest this increase based on the fact that it implies that land not in any flood-plain has the same value as a home in a high risk flood plain.

Answer:
 Protest.
When we lived in Irving, Tx our house backed up to apartments. Every year we would go argue about the increase and it would be knocked back down.


Title: [KY] Ex is signing up for services (and not paying the bill) in my name.

Question:
Long story short, we separated and started divorce proceedings in August of last year, divorce was finalized 2 months ago.

At my lawyer's advice, I cancelled all services that were in my name, and paid up all those bills.

Today I get a call from our former ISP demanding payment for $600+ of internet usage, movie streaming, and "hardware" purchased through them. The account was re-opened last month, with a phone call from "me" saying we got back together.

Is there a way to resolve this without dragging everything into court? The divorce was difficult enough.

For the record, I don't think she's behind it. I'm more suspicious of her adult daughter (from a previous marriage) who has hated me since day one.
Topic:
Other Civil Matters

Answer: You need to file a police report for identity theft.  Might want to check your credit too.


Title: Had something expensive from me stolen at my place of work. Head of command refusing to look at cameras . MA

Question: [deleted]

Answer:
 File a police report ASAP.
Who knows how long the evidence will be there before it is taped over, or "accidentally" lost


Title: [CA] Any required laws I need to follow to start my own online porn site?

Question:
Hello all.

I'm interested in making a porn site. I've made other websites before so I know the basics but I'm not sure about where I can find more information about the laws that talk about starting a porn site.

I will be asking people to create the content for me (Female Masturbation Videos).

* I understand I need...
* Proof of 18+
* 18 U.S.C. 2257 Compliance
* STD checks every 14 days.
* [and I read everything here as well](http://www.justice.gov/criminal-ceos/citizens-guide-us-federal-child-exploitation-and-obscenity-laws)

My question is, where am I able to view the list of mandatory requirements for starting my own Online Porn Business?

Topic:
Business Law

Answer:
 You need an attorney. Unlike the type of sexual gratification your site will feature, this isn't something you can do yourself.

Bare minimum plan to spend $15,000  in legal and compliance fees to get this off the ground.Answer #2: You won't find a comprehensive list online, because if you're really serious about doing this, you need a real honest to god in person attorney, on retainer, to help you.

You mention 2257 compliance like it's just a bullet point. That means staffing a real life in person office, having the records available for inspection for at least a certain number of hours a week.

And as a distributer you're less concerned about this, but local jurisdictions will likely require zoning and permits for the "shoots" your talent use, which everyone tries to get around, although regulators are getting smarter about it every day.


Title: Employer deducting pay for counterfeit bills

Question:
Hello everybody.
First off, I’d like to say that I am located in Florida.

At my job, we have three shifts a day with one person working each shift. Yesterday, my boss notified us that we had received a counterfeit $50 bill, that wasn’t tested with a counterfeit marker (which we have). I did not receive a $50 bill, and I check every bill over $20, so I know that it was not my mistake. My employer has now told us that she will be dividing the $50 between the three of us and deducting it from our pay.

Since my employer doesn’t know which one of us received the bill, is it legal for her to deduct evenly from all three of our paychecks when only one of us accepted the bill?

Answer: Would this deduction put your pay rate below minimum wage?


Title: What can I do about my phone number being misused

Question:
Throwaway as the main account is too identifiable. [US, Multistate]

So, I've identified that there is a 75 year old woman who has been signing up for insurance quotes and sketchy work schemes using my cell phone number, which is also my work phone number.  I have been unable to find more than a city, age, and name of this woman from these callers/text messages, from the rare time I get a legitimate company with a human calling. (Unfortunately, it's a rather common name, so I can't pinpoint who it is from the information). They are never able to tell me what websites she signed up at. (if they did, I would have contacted the website and handled it that way)

If it was a one-time thing, fine, I'd expect the calls to go down/away in a few days, but it seems like she keeps signing up with my phone number again and again for different things.  From the details I've gathered so far, it's not likely malicious, more likely just senile.

On a typical day, I get around 5 spam texts and 20 spam phone calls. I've blocked the worst offenders that reveal their number, and report all the spam texts (blocking about 5 spam calls each day).  Unfortunately, given the nature of my work, I can't ignore calls from unknown numbers, and getting a new phone number would be a serious financial blow (new signage, cards, rebranding, etc for the business)

The obvious side information, I'm on the Do Not Call registry, have been since it started, and the phone number is clearly associated with my business in an online search, and due to work, it is recorded, I'm in a single-party consent, and always (as a CYA) announce that the line is recorded.

What I'd like to do is find a way to stop the robocalls.  Most all of them immediately hang up after the greeting, but it's still crossed over from being a minor nuisance to being disruptively harassing to me.  I send half the calls to voicemail (nothing is ever left by them), but even then, it's my phone constantly ringing during the day.  Half of them are Restricted or Blocked numbers, so I can't just automatically drop the calls

Answer:
 About the only thing you can do is keep blocking numbers, or change your number. Unless you can find out exactly who this person is, and maybe take steps to have them stop using your number, there's no real other alternative.

The do not call list doesn't even come into play here since it sounds like your number is being provided to these places "voluntarily". They're not blind robocalls.Answer #2: > Half of them are Restricted or Blocked numbers, so I can't just automatically drop the calls

One potential way of dealing with these calls is to sign up for [Trapcall](https://www.trapcall.com/). It's a service for mobile phones that in a nutshell lets you unmask restricted, blocked, spoofed, etc. phone numbers. I've not used it personally but I've read lots of posts from others who have used it successfully. It should pretty much guarantee you that you can figure out the real phone number that's calling you.


Title: (Florida) My car has been burglarized 4+ times in three months (3 of which are on record). Need a little advice on my plan of "justice"

Question:
Long version: I rent a house in a relatively quiet neighborhood, but my back yard backs up right to a moderately busy street. There are all sorts of people that could walk by and decide to come onto my street and car hop. I have a feeling it's most likely teenagers since the items stolen are mostly iPods and its usually only on weekends.

I have a feeling that it is the same culprit breaking into my car and stealing iPods, car chargers, etc. The reason I think that is because each break in was the same every time. Glovebox and console left open. Driver door slightly ajar.

My plan includes buying an infrared motion detector (already done and installed. Works great) and catching this person red handed.

What type of legal hurdles might I face if I attempt to detain this person while the cops show up? What if this person tries to fight back and I defend myself? I'm not going to jail over an ipod, but I'm also *done* with this person getting away with it.

Could the person that is caught be held responsible for all the previously reported break ins if there is reasonable suspicion that they are responsible?

Answer:
 Perhaps the best question... Why do you keep leaving your iPod in your car? Are you just buying iPod after iPod and storing them in your glove box? Do you have stock in Apple? Set up a camera or something if you want, but if you KNOW your car is being a repeated target for burglary STOP LEAVING VALUABLES IN YOUR CAR! Answer #2: >I'm not going to jail over an ipod, but I'm also done with this person getting away with it.

The question is not whether you are willing to go to jail. The questions you need to ask yourself are:

1. Am I willing to risk being maimed or killed over an iPod? and
2. Am I mentally prepared to kill someone?

Because interrupting a criminal at night could well result in a fight to the death. Why don't you just set up a security camera? Answer #3: I won't advise you on how to detain this person except to tell you it is always a terrible idea to try to stop a criminal from leaving. You don't know if the person is armed or willing to use force.

As far as holding them responsible for the previous burglaries, probably not. Reasonable suspicion is not beyond a reasonable doubt. Unless they confess or there is other evidence.

Lock your car.


Title: [CALIFORNIA] Friend reported sexual battery to the police, my name and number was given to corroborate the story, what can I expect to happen?

Question:
My friend was a victim of sexual battery. I was in the same room when it happened, however I was asleep. Later, the perpetrator talked with me and admitted the actions and admitted to the lack of consent.

My friend has now reported this to the police and they have begun the investigation. I was told that my name and number was given to the police, in addition to some other people whom the perpetrator admitted to. When I can expect to be contacted about this? Should I have a lawyer present? Will I be contacted during the weekend? Or will they wait til the work week starts?

I know the basic rule that you should never talk to the police without a lawyer, but what about this specific situation? I plan on telling them what happened from my point of view and what the perpetrator told me when we talked, and I don't necessarily feel like I need a lawyer.

Answer: Doesn't sound like you're under investigation; they'd want to talk with you because you can provide evidence or testimony in court eventually. You don't need a lawyer. Just wait for them to contact you and relate the facts as best you can.


Title: I got a ticket while my car was parked in my driveway.

Question:
Arriving from work one night I see a cop parked right up the road in my neighborhood so I take out my phone to take a snapchat to send to a friend that lives right down the road. Once I pulled into my driveway the cop pulls up in front of my house and asks me what the object that I was holding up was and I tell him that it was just my phone and that I was taking a video. He then proceceds to laugh and get back in his car. I then used the time filter on snapchat, which was 1:42 am at the time, and go inside to head to bed. I wake up to a little boy ringing my doorbell and then hands me a piece of paper and says it for me and leaves. The paper is a parking violation that was cited at 1:44. He did not mention anything when we were talking and instead waited till I went inside .....

Edit: it happened in TN

Answer: Why did a little boy hand you the ticket?Answer #2: I suspect he meant to write in the code for using a hand held mobile device while driving.Answer #3: What was the parking violation?


Title: My business partner has locked me out of all of our joint accounts and taken all of our business funds

Question:
Hi all. This takes place in WA state. Please let me know if there are any points that need clarification. I'll try to be as transparent as possible.

I've built up and shared a non-registered side business with my business partner for the past 6 years. As of today, she has changed all log-in information of our social media, e-mail, PayPal, website information, everything.
All of our business funds were in the PayPal account she has seized.

She has blocked all forms of communication and is forcibly removing me from the business out of the blue.

Unfortunately, we have no contracts between us. I don't know what legal standing I have.

What are my options for regaining access to these accounts, financial reimbursement, etc?

Answer:
 So most states do not require any formal designation or filing for partnerships. The general legal definition is an agreement (verbal or in writing) to carry on a business between 2 or more people. You probably have significant information (website, invoices, tax returns, etc. to show that you and her were partners).

Definitely talk to an attorney ASAP. An attorney who specializes in business litigation is preferred. If you can’t find any, a general practitioner should be able to help, or at least refer you to someone they know who specializes in this area.Answer #2: Don't totally panic.  You've made life a little difficult on yourself by not having a clear written contract that you could simply show up to court and have enforced.   But a contract still exists, even if it was merely verbal and informal.

In these situations, the court will look at the evidence you produce to try to infer the terms of the contract.  If you were both putting in fairly equivalent amounts of start up money and doing fairly equivalent amounts of work, the court will probably come to the conclusion that you were equal partners, since people don't usually work their butts off for nothing in return.

Start collecting every text message, email, receipt, bank statement, etc that demonstrates how the company worked.  When you talk to a business attorney next week, being able to quickly and easily walk him through this 'blueprint' for the business will be a great help in keeping that consult short and cheap, and making sure he is ready to get the next step rolling right away.

Can you give us a ballpark of scale?   How much money and time you guys have put in over how long, and roughly what the assets she seized are worth?


Title: [OR] Bar/restaurant overcharged my debit card, but I am a minor and lent it to a friend.

Question:
Hello, I am in need of some help. I went to a bar with some friends (they allow minors up to a certain point), and my friend wanted to buy some drinks. I wanted to treat them so I gave her my debit card and he went and purchased 2 drinks for themselves. It was supposed to be around $10 dollars, but when I checked my account that night the bill was $60. I was going to file a complain but then I found out that I could technically not buy alcohol from my debit card since I am a minor.
This is in the US, Oregon.

I know I screwed up but I have two questions, will I get into any trouble? Should I let the amount charged slide, or should I contact my bank or the bar? Thank you very much.

Answer: Great, "souvenir debit cards" now!


Title: Roommate on probation, PO says they have the right search the entire house any time without a warrant. Pennsylvania

Question:
Alright so for the backstory, one of my current roommates that I rent a house with was just recently put on 6 months probation for a grow house that was built by 2 of the former roommates in the attic that had 20 plants, at the time that this happened the current tenants besides himself did not live in this residence. The 3 other roommates that were involved at the time have since either moved out or been kicked out.

He had his second meeting with his PO yesterday and while going over the paperwork he was told that the police were allowed to search the entire house without a warrant at their discretion. A few people in the house smoke and keep pieces around, in light of this information we're planning on moving all glassware to different locations as to not show any violations of my roommates probation.

Would it be possible for myself and the 3 other roommates who were not involved to deny search of our personal rooms and items without a warrant since we were never involved in the investigation in the first place?

Answer:
 The issue is not what the PO is allowed to search, you have the right to deny him access to your personal space without a warrant. But he can claim it is a violation of your roommate's parole if he can't search it and haul them back in front of the court.

In addition, if an officer smells your stash or sees paraphernalia in the common areas that may meet the requirements for reasonable cause to search the other rooms.


Title: ATF Agents coming to my house

Question: Context: I live in Virginia and I was texting a "company?" in DC where possession of marijuana is legal but sale isn't. This company operates by accepting donations. Anyways I never had the intention to buy anything from this, only to see because morbid curiosity got the best of me. Now this random ATF agent comes to my house and talks to my roommate asking if I was there to talk. He said he would be back and left no contact info. What do I do to prepare for this talk and is what I did illegal?

Answer: It's not legal to take 'donations' for weed. Cops and judges aren't stupid. You were inquiring about buying an illegal substance. Don't talk to the agent if he comes back.


Title: Let’s say you are guilty of a crime, but there is moral pretense to you being not guilty, are you still guilty? Or is there a different plea to use?

Question:
For example, let’s say a dude rapes your sister, you find out and u beat him badly with a baseball ball, straight battery.

You could get in trouble for battery, but some could argue you are in the right, do you plead guilty? Like your guilty but it’s not a crime

Answer: The term for this category of defence is “justification,” but vigilante justice is not an example of it. Self-defence, necessity, coercion, and a few other reasons would be more appropriate - vigilantes often face steeper sentences than most specifically to discourage this kind of self-help violence.Answer #2: A crime is a crime is a crime. Justifications are nearly useless from my understanding, and are only possibly relevant if you are in front of a jury. For your example, the only justification that you could possibly get away with would be if you caught the individual in the act of sexual assault and you committed battery to protect your sister, and that only extends to removing the threat in a reasonable manner. If he ran, you couldn't chase (may be dependent on your local statutes IE castle doctrine), if he became incapacitated you could not continue to inflict harm or attempt to kill, if he no longer poses a credible threat to you or your sister, you likely shouldn't continue attacking. If your chosen action of battery were to occur outside of the original event then, from my understanding, you would have little to no defense in a plea.


Title: [NY] Revenge porn question

Question:
I'm in the middle of a messy break up. My ex has been harassing me for months, and most recently he's told me that he's sent naked pictures of me to everyone.

I don't have any proof of the pictures being sent, If he posted them online I don't know where they would be. But I do have a text message from him telling me "everyone knows what you look like naked."

Is this enough to pursue legal action?

Answer: Check the wiki links. There are links to revenge porn laws by state