Title: Child custody issue where one parent has been committed involuntarily to a psychiatric ward.

Question:
Located in New Jersey

Hi, so I had a domestic issue with my ex (I'm female, he's male). He shoved me to the ground in front of our children. I received a temporary restraining order, went to court for a final and was denied.

This was not the first act of domestic violence. There have been countless times I've been pushed, choked, dragged, head banged into walls or banisters, been thrown.. all of it unreported because I feared for my life. I also had a final restraining order at one point in time.

My children had only witnessed verbal and emotional abuse until the night above. I had enough.

Now since we are unmarried and have no custody order I'll have to file for custody. I attempted to get emergency custody because the day after the final restraining order was denied, he showed up at our child's school in an attempt to remove her prior to her entering the school. I didn't take her to school that day because I knew he was going to do that and because we have an open case with child protective services (because the children witnessed the act of DV), and they advised me not to allow him unsupervised visits with him. I took her to the courthouse with me that morning. Anyways, he freaked out, the police were called and the school went on lockdown because of it.

Two days after the temporary restraining order was served, he was apparently wandering up and down a highway stopping into businesses and harassing people. He was arrested for disorderly and hindering and taken to the station. While here he was rambling incoherently and acting strange so they had him evaluated and subsequently involuntarily committed into a local psychiatric ward. He was held there for 12 days.

Once out of the psych ward he continued to harass all the neighbors in his neighborhood. He police have been there 2-3 times a week for his behavior. Including him wielding a machete (on his own property) in the face of a neighbor.

Because of all of these things I have chosen for him not to be able to see our children. I can't have them witness any type of crazy behavior by him.

I did however allow him to FaceTime them the other day. I recorded the entire thing. He spent the whole time bragging about his life and bashing me. I had to step in several times to tell him he can't bad mouth me to the children. He threatened my family to them. He called me names.

My daughter was very upset and tried to get me to stop stepping in. After the call ended she apologized to me saying she's sorry she told me to go away. She's just afraid her dad will yell at her.

She wet the bed that night. She's 8.

I decided the next morning that it's probably not good for the kids to FaceTime him until we go to court. I'd like to make sure he's mentally stable enough to be a positive part of their lives. And I will not tolerate them witnessing any more verbal or emotional abuse from him towards me.

He send an email stating that me not allowing the children contact with him can create parental alienation and that makes me an unfit parent. Also that any false allegations made against him would be prosecuted. And lastly that I should being the kids "home" and then we can set up visitation for me. Because he wants full custody.

1. I know it's legal for me to withhold the children from seeing him. But how is that parental alienation? Where is the line drawn?

2. Was it legal for me to video record the FaceTime conversation between him and the kids? Could I use the videos in court?

3. How do I go about keeping him from seeing the children if I feel he's unstable around them? How do I stop him from picking them up from school and running off with them?

Thank you for listening I'm really struggling here.

Tldr
Domestic abuse, had restraining order, abuser was involuntarily committed to psych ward, released  12 days later, didn't get final restraining order and now trying to keep him from obtaining custody of the kids because there's no custody order in place.

Answer:
 >  But how is that parental alienation?

It's not.

> Where is the line drawn?

Near the machete

> Was it legal for me to video record the FaceTime conversation between him and the kids?

No, you were not part of the conversation.

> Could I use the videos in court?

Let your lawyer know you have them, but not likely.

> How do I go about keeping him from seeing the children if I feel he's unstable around them?

Don't let him be around them. The school has already had issue with him, they will likely understand if he is not allowed to pick up the children.

Get a lawyer on Monday, file emergency custody. Answer #2: You have good advice already so I will add that you should note everytime he threatens you or your kids as you move toward the custody hearing. Exact wording will help.

Also parent alientation is typically telling a child things, be they truth or lies, with the obvious or intended outcome to harm the relationship between child and parent. Him "bashing you and calling you names" would likely count.

Also, see about apealing the restraining order. Keep apealing or starting the process anew as the harassment continues.


Title: Gave two weeks notice. Boss asked me to work an extra two weeks and offered time and a half pay. Now they are backing out, after it's already done.

Question:
My workplace was recently considering making a change that would be very inconvenient for me. I warned them that if/when the change went into effect I would be putting in my notice (hoping to give them ample time to find someone to replace me to be trained). Of course, they did not listen and now the soonest they can have someone start is the day after my last day.

My boss asked me to stay more time (with the changes in effect) and I said no. He then offered me a one-time bonus of a couple hundred bucks, and I said no. Eventually he got up to offering me time and a half for an additional 3 weeks to train the new person, since I'm the only person who can really train them. My new job wasn't beginning for 4, so at that point I agreed, because we're talking about $3000 extra (beyond my normal pay).

I then sent a letter via certified mail saying that I would agree to work the extra 3 weeks at time and a half pay and stated the rate of pay in the letter. My boss sent a written response stating that I would be paid $X for August 3rd to August 21st.  It was correctly calculated based on time and a half pay.  Everything looked good, I worked the extra three weeks and trained the new person, everyone was happy.

Then I received my paycheck - paid out at the normal rate. I contacted my boss, he said he'd contact HR.  HR says that my boss asked them if he *could* offer me the time and a half, they told him yes on an unofficial basis but he'd have to do paperwork first, and he didn't do paperwork, so he never got it officially approved.

So now I have been paid about $3000 less than we agreed upon.  I would like to pursue it since it's thousands of dollars, but I am not sure how. Is this a small claims court situation (in my state, Iowa, limit is $5k) or should I be looking toward some type of labor bureau instead?  Is my gripe legally with the boss or with the company?

Edit:  I don't know why I put two weeks in the title...I worked three.  See, I really did need that vacation between jobs.

Answer:
 Yep, that's a time contract at a given rate, and it's not your problem that your former boss didn't do the right paperwork.  They need to pay you.  You should let them know that you don't give a hoot about internal procedures, but they have a contract with you and must honor it.  And if they fail to do so, you can first go to the local Department of Labor, and if that fails, to small claims court.Answer #2: Your gripe is with the company, not your boss.  You can report it to the department of labor in your state, or go straight to small claims court, whichever you prefer.  A call from the DOL might get them to pay up.Answer #3: This doesn't have to be either, by your account, unless they are now saying "and there's nothing we can ever do about it."

The paperwork wasn't done?  So they do the paperwork retroactively and correct your pay.  HR departments do this for payroll errors all the time, they should be able to do it here.

Maybe you have to go back and forth between the boss and HR once or twice more to sort it out, but it really sounds like you should be able to.

If you can't, then it's a department of labor complaint situation.


Title: QUESTON: Consuming Marijuana with Teen sibling at Home? (Oregon)

Question:
Hello all,

I live in Oregon, 24M, who occasionally partakes in smoking the Devil's Lettuce. My 16 yo brother came to visit me the other day. We get together for gaming sessions about once a month. Anyway, I decide to spark up a joint and he asks me if he could try a puff. I said no, but as I started thinking about it, I wasn't sure if it is even illegal to do so. I've heard (never bothered to verify) that Oregon law allows you to consume alcohol with family at home, even if you're underage. Does that include recreational marijuana?
Topic:
Alcohol Related Other than DUI

Answer: Consumption by anyone under 21 years of age is illegal, including home use, in Oregon


Title: Getting back seized "evidence" which isn't actually evidence

Question:
From [this /r/legaladvice](https://np.reddit.com/r/legaladvice/comments/5x1wwv/georgia_irs_searched_business_beneath_my/) post:

> My landlord had some trouble with the IRS. I live above his business in a separate and private apartment. When the agents came they kicked out all the tenants and searched my house. They took my computer and some other things.

Assuming that the IRS had a valid warrant which included the entire building: if OP points out to the IRS that they have nothing to do with the landlord's business, will they get their computer back?  Or will the IRS just keep the computer until the investigation is done?

Answer:
 Assuming the seizure was lawful:

They will keep the computer until they have examined it and determined whether or not there is anything of relevance to the investigation on it.

That could take a while.


Title: Can I publish non-copyrighted creative work, without the consent of the artist, given that they are credited?

Question:
I'm talking specifically about music. Am I allowed to distribute it via a stream (not for download) on the Internet, so long as I don't make any money from it and the creator is credited?

Additionally, what permissions would I have to attain in order to make money from it?

Answer:
 Why do you think the work is non-copyrighted?  A work doesn't have to be registered to be copyrighted.  Copyright attaches as soon as its created.

Yes you need consent from the artist to stream it, whether you make money from it or not.


Title: Did sellers violate duty to disclose by not informing of heat that was not connected to one bedroom?

Question: Wisconsin here. Found out today that the radiant heat in the upper northwest bedroom of a home we purchased this past July does not work and in fact is not connected to the system. This is not something that was caught by our inspector nor do I recall it being disclosed by sellers. Wondering if you think this may have violated a duty to disclose if the sellers did know. Only thing we have that may show they were aware was fact that a space heater that they had in that room was left with the house when sold. We won't know until late spring what the remedy will be but worst case scenario would involve opening up walls. Sellers had lived in home 3-5 years.

Answer:
 If you want to go after the previous owners for damages, keep this in mind:  A buyer must present evidence that the seller *knew or should have known* of the severity and duration of the alleged condition you're upset about (i.e., the lack of radiant heat in one room).

[Read up, this data's from a Wisconsin lawyer.](http://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?Volume=75&Issue=5&ArticleID=379)

The troubling bit for you in the inspection not catching this, but you bought your house in summer - no surprise that nobody fired up the heat for a test. The seller may rely on the inspector's report not calling this out as a clear sign they didn't know of the defect.

If you have reason to think they *knew* this was broken, and have a way to *prove* they knew, then you've got a case where they've violated duty to disclose. Triple damages, if you win in court.

But proving what someone knew can be tricky.


Title: Reverse HOA problem

Question: Our hoa voted (community not board) awhile back to include small yearly dues <$100. Just to maintain common space, cover some incurred legal fees, and fund some get togethers. A couple of people in the neighborhood have banded together to not pay this fee. Instead they’ve decided to pay some revenge against the hoa by requesting a bunch of legal information from the hoa. They space it out in such a manner that the hoa goes to their lawyer to ask these questions then gets charged and returns the answer to the people. They’ve done this to incur legal fees greater than their dues. Getting close to 10 times what would’ve been collected from their dues. They all have the money to pay and are just fighting it. Basically the reason dues were started in the first place (legal fees) are now being exploited to take away all money earned from the dues. It’s not a big neighborhood and they’re not making that much money. Is there anything that can be done?

Answer:
 If they are actually part of the HOA, and they're not paying, then you can enforce the fee through whatever mechanism your HOA has been authorized to use.  This could include a lien.

You can also change your bylaws to include a process to declare particular inhabitants vexatious, and ignore legal requests from them.

Or, you can change the way your lawyer engages with non-board members.  Usually having all requests go through the board so the board answers first and then escalates is the best bet.

You'd want to engage your HOA's lawyer to do any of these.

If your community is not actually a HOA, then you need to create one.  Otherwise, you're powerless to enforce your dues.


Title: Landlord living in rental after we moved out, but we were still paying rent

Question:
Hello-

My partner and I are renting a house but moved out before our lease was up for a new place. It was cheaper for us to keep paying rent and finish the lease rather than break it. We cleaned everything and maintained the yard as per our lease agreement and notified our landlord that we moved out and that it was ready for someone else to move in. They told us that was fine and they’d try to get someone else in early and refund us rent for the days a new person started living there. We even helped them show the place a few times.

We were out for at least a month and a half and on the first of this month (last month of our lease), we started notifying our utilities our lease was going to end. When we called the power company around the 15th, they told us someone had already switched the account name on the 12th, so there was nothing we could do. We thought it was weird but didn’t really think about it.

This past weekend, my partner went to the rental house to do the lawn one more time and scrub the toilets before we had our scheduled final walk through on the 31st. After he mowed the lawn, he went inside and noticed a router hooked up on the floor, beer in the fridge, and then a light on upstairs. He went upstairs and discovered a bed set up and our landlord’s husband in the bed.

After the initial shock, the landlord’s husband offered a check for our deposit and a separate check to make up for the time he was living there. At this point, my partner had called me telling me what happened and I calculated out how much the landlord needed to give us. I assumed he was living there since the 12th, and calculated out how much they would owe us per day. Unfortunately my partner misread my message and told him a lower number. From his demeanor, it seemed like maybe the landlord didn’t know the husband was living there and didn’t want us to contact her.

After my partner got home, we figured out how much they still owed us, and we tried to call and text the landlord and her husband. Neither would answer. We sent them an email explaining that they need to give us a third check for the remaining amount, but we haven’t heard anything.

It’s a couple hundred dollars, which isn’t much but they lied to us and it’s not right. We didn’t ask for compensation for the other utilities we paid for or cleaning or anything else we did for the house. Do we have any options for getting the remaining money from them? Is there a way to warn people about renting from them?

Thanks for any advice!

Answer: Demand your money, in writing, stating how much you think you're entitled to and why, and the consequences of failing to pay.   If that doesn't motivate them then sue them in small claims court for everything that you can prove.  Note that some states require that a landlord return a deposit within 30 days or be liable for triple the amount.


Title: DE - My rapist is threatening legal action?

Question:
In December of last year I was raped. It took me a long time to process and come to grips with, I did not go to the hospital or contact the police at this time.

Just recently I cut my rapist out of my life (embarassed to say we were "friends" for several months following) and after another of our mutual friends prodded at me for why I wasn't speaking to him anymore, I finally told her what had happened. The whole thing kind of blew up dramatically from there- he accused me of trying to ruin his life and that I had come onto him.

He then told me that he had filed a report with the police. This scared and upset me- I wasn't sure if I was going to file a report but after he said that I felt like I had to, even though I had no idea what he would file a report about.

So I went in and the officer I worked with was very nice. He would still occasionally message me over an app I hadn't figured out how to block him on- today I told him to just leave me alone and that I had filed a report.

He said that he had talked to the police today and there was no report filed against him. I'm pretty sure he is lying and that's not how it works... but now he's threatening to take legal action against me and that he's "going to file a report to the police and they'll take his evidence to my family".

I'm slightly freaked out again. I figured out how to block him on the app so he no longer has any way to contact me, but I'm not sure if I should be worried or not. I think he is lying to intimidate me because he is worried he will get deported because of this (long story, he's from Canada but lives here on a visa I think? I'm not really sure the whole story). Should I contact the officer I worked with? A lawyer? ?

Any help or advice anyone can offer is much appreciated

Answer:
 If you filed a report, the police may be trying to keep him out of the loop on it. He can file reports with the police if he chooses to do so, it may help or hurt him depending on the situation. If this matter makes it beyond the police and damages his reputation, he can sue you for defamation (assuming there are details in the report or publicly made statements that are untrue).

If he keeps contacting you after you've told him to stop, it could end up in harassment territory.

What have the police had to say about their progress on the matter? Have you been calling him a rapist publicly without further details? If you're comfortable sharing, what fact pattern do you believe backs up those rape accusations?Answer #2: >but now he's threatening to take legal action against me and that he's "going to file a report to the police and they'll take his evidence to my family".

He is full of shit, the police don't bash rape victims to their family on the say-so of the alleged perpetrator.


Title: [IL] dealer made me sign my dads signature

Question: This was long ago. 4 years ago. I bought a motorcycle. Dad wasn't there and he made me sign his signature. And then I bought it. I was stupid and young and wanted a bike really bad. 4 years later haven't even ridden it and making payments still. Is this legal? I don't know if I can do anything against them.

Answer:
 Don't admit to committing crimes like forgery and identity theft on the internet.

Did you ever get title to or take delivery of the motorcycle?


Title: Now that recreational marijuana has been legalized in California, what happens if...

Question:
I smoked pot before I found out I was pregnant. I was only a few weeks along when I found out and did my blood panel. My OB/GYN tested for drugs and mentioned I tested positive for THC and I needed to stop. I already had stopped immediately after learning I was pregnant but of course I still felt terrible. I have been clean my entire pregnancy and proud of it. He didn't make too much of a fuss about it, just briefly and casually stated marijuana has unknown side affects and should be avoided just in case and mentioned the baby would be tested at birth out of protocol but then dropped the topic and hasn't mentioned it since. I am now 29 weeks and hear horror stories of THC being present in the baby's meconium regardless of how early the drug was used.

Since recreational marijuana is legal now, or will be by the time my baby arrives, do they have grounds for calling CPS on me if the baby does by any chance test positive? I think alcohol is way worse and has known side affects yet you don't see CPS threatening women who drink while pregnant. I know people personally who have had a baby with fetal alcohol syndrome and CPS didn't bother them at all. I would find it really upsetting if they get on me about smoking before I even knew I was pregnant, especially if recreational marijuana is legal.

Just to clarify, I in no way advocate for use of any drugs or harmful substances while pregnant. I just want to know the legal implications regarding CPS should my baby's meconium test positive. Thanks in advance.

**tl;dr**
Smoked pot before I found out I was pregnant. OB/GYN informed me of drug test at birth and I am wondering since recreational marijuana will be legal by then, if I face any problems with CPS.

Answer: Even if it does become legal CPS can still become involved if you are doing something to harm the fetus BUT smoking pot before you became pregnant isn't something they will even know about let alone get involved in. Your doctor isn't going to go running off to CPS unless there is a clear danger to the fetus. That would severely compromise her ability to provide care because people who needed care wouldn't go see her.


Title: Being harassed online for a year now, what can I do?

Question:
Topic:
Other Civil Matters

Answer:
 I can't believe reddit wouldn't take down those posts w/pics as soon as you alerted the mods.Answer #2: You can absolutely file a restraining order if you have done all you can to block her from contacting you. However a RO is very serious and if you have documentation telling her to stop, that is going to be really important to your case! You have no obligation to her to let her know that you are filing, and if you think it might be a bad idea, you do not need to tell her that you are doing so, but if you think it is worth it, you could tell her to stop, or if she doesn't you will have to file a RO.

Go through and screenshot every instance of harassment that you can find, and get in contact with the police to show them you did due diligence.


Title: Can I (16f) go on vacation with my boyfriend (21m) without parents permission?

Question:
Is it legal for me to go away with my boyfriend?  ( our relationship is legal age of consent is 16 where I live)
Topic:
Non-US

Answer: Absolutely not. You are under the age of majority and he will be arrested for kidnapping related offenses and spend years in prison. Answer #2: No, you can't. You'd be leaving without your parents permission, which means that you would be running away and your boyfriend could be charged with harboring a runaway or even kidnapping. Age of consent has nothing to do with it.


Title: Dog nearly attacks me and my friends on our walk home from school

Question:
Just want to let you all know that I don’t know what flair to put and I’m in mobile.

So on the walk home from school me and my friends walk past a house where some days there is a dog tied up outside  (beagle). The first time we saw it was we were walking on the sidewalk and it was barking at us so I just said “hi doggo” and it went batshit crazy and chased me and my friends across the road. It’s leash can access nearly to the other side of the road. All of this time it was trying to bite my legs. While it was chasing me it was barking at me, so the owner of the dog looked out the window and yelled at us for being assholes to the dog. We just walked on. That was a week ago and today the was out again with the same leash. Another kid we don’t know lived in the street ran up to the dog and started petting but when he tried to rouse it it would kind of keep backing away from his hand. He says he knows the dog and after he was petting it we thought it had calmed down and when he stopped petting it it went crazy again trying to bite all of us. We had to run across to the other side. Meanwhile the owner of the dog was outside watching us before we got off the bus. After the dog chased us he went inside smiling. I don’t know what to do about the dog because it’s in my way home from school. (I live in Michigan btw.) Is there anything I can do?
Topic:
Douche

Answer:
 If it's lease is long enough to allow it on the sidewalk or road , call animal control.  The dog is going to get hurt when someone reacts to it or it gets hit by a car.

But you have to also apply common sense, walk on the other side of the street.


Title: [Update] 3 Yrs ago, I was charged with possession of Child Pornography. She was 16 and I was 18. The charges were knocked down, I served probation, and what I did get charged with has been expunged. A news site is refusing to change or take down the original article. Do I have anyway to get it down?

Question:
Hello /r/legaladvice! About 2-3 days ago, I posted this question here seeking advice about not only my current status and options regarding the news article, but also i. the comments and my text post asked you guys questions about how I can make sure I have a very sustainable life going forward. I didn’t want those of you that took the time to respond to feel as though it went unseen, so here’s some notes and a small update from me :)

First off, the OP:  https://www.reddit.com/r/legaladvice/comments/7rnkiy/in_3_years_ago_i_was_charged_with_possession_of/

Secondly, I realized something while reading your comments. I was arrested during my senior year of high school, and expelled. I finished at a different high school that same year in a completely different county, and now go to college in a completely different county, and live in a completely different county. So the likelihood of them googling “My Name, City where i was arrested” is low. And that’s the only way it pop ups, so far.

Third, I have the luxury of being in a very prestigious program where I can get my associates degree in an eleven month timespan instead of two years. I feel as though this + the fact we were required to make an online resume/portfolio for the program (just like many of you suggested) , will show off some credibility to employers, and even if my history does arise, they may see it as me overcoming adversity.

Fourth and finally, if all else fails, I can hire an SEO firm after a few failed job applications. But, I think the odds are considerably stacked in my favor right now. I have thought about education, radio, sports administration, and many other career options, and due to my history i wasn’t sure if they were all possible.

However, now I believe I can achieve them all with a little extra work. :)

Answer:
 Just a heads up, but even though it may be tempting to keep an eye on this in the search engines, you may just want to put it all behind you and stop. The last thing you want to do is, in searching to see where the result is, trigger something in the algorithms that goes, "Seems like people are interested in [your name] and [the article you hate]... better make it more visible!"

Sounds like you're off to a great start. Definitely start creating your own positive links (Linked in, personal website, blogs, etc)... but yeah, be careful with habitually checking up on things you want Google's algorithms to bury.Answer #2: Hello OP. IANAL but I have dealt with a similar situation regarding a relative. Unfortunately there is not much legal recourse because although you had your record expunged, the fact that you were once arrested and charged with a crime is the truth and therefore protected under the first amendment. You can however hire a lawyer to help you draft a letter to these outlets still hosting the articles asking them to remove it (you can also write them yourself but I would recommend a professional). They are not obligated to do so, but remember that people have humanity, so simply asking isn't entirely futile. ~~Barring that, you can hire SEOs to generate and promote positive content about you which would eventually push those negative search results to the second page, however, this can be expensive.~~ Looks like you already know about this option.

Good luck to you OP.


Title: Jury duty summons was sent to my old address. It was forwarded to me, but not until after the service date had passed. Help?

Question:
I live in Atlanta, Georgia, in Fulton County.

I received a Fulton County Jury Duty Summons in the mail today, 7/26/2017. It had been delivered to my old address (also in Atlanta, Georgia, Fulton County). The summons date was for 7/11/2017. Obviously I missed it since I was unaware.

I moved in April. I updated my drivers license, vehicle registration, and voter registration in April.

What should I do?

Also, a side question: I served jury duty in February earlier this year. Is it common to be summoned again so quickly?

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

**Edit/Update:** I called. My group wasn't called in that day, so I don't need to do anything. Next time they pull for jurors my updated address will be used. Easy enough. Thanks for the help, y'all.

Answer:
 Call the number on the summons and explain. This happens all the time and no one is looking to make a big deal out of it. You're not going to be in any trouble. Answer #2: >  What should I do?

Tomorrow morning, call the clerk of court (of the court that summoned you) and explain the situation.

>  I served jury duty in February earlier this year. Is it common to be summoned again so quickly?

It depends on which court you served, and which court summoned you this time.


Title: Asking stepdad to adopt me

Question:
Hello people of reddit :)
I hope this is the right place to post this, I am very new.

I am 20 years old and my stepdad has been raising me since I was 5. I would like to ask him to adopt me and am looking for advice on the best way to go about it. Me and my “stepdad” both live in Oregon, but not together. Idk if it’s a complication but my biological mom and him got divorced a few years ago. Thanks for anyone who responds and let me know if any more info would be helpful!

Answer:
 The adoption should be straightforward. The only consent needed with your stepdad’s petition is yours.

Go to the court and ask if the have “law days” or something similar. That is usually attorneys or self help law groups that are available for advice. In some cases, they can walk a person through the paperwork needed.

Good luck.  This is a super gesture to make towards your stepdad.  Seems like he raised a good kid. Answer #2: Since you over 18, you can consent without your biological parents' permission since you're an adult. You and your stepdad will both have to petition the courts. I believe you would need to sign documents showing that you consent to this agreement without coercion and meet all the necessary guidelines. Moreover, you would need to reside within the same state for at least six months (which you clearly do).

This sounds so exciting and I'm r00ting for you both!


Title: My grandmother is in the hospital and has been intubated, the doctors say they legally have to remove the breathing tube in 2 weeks.

Question: [deleted]

Answer: Normally intubations are used for temporary periods, and it is not recommended to use them for more than two weeks, they can cause tissue damage. If it looks like your Grandmother will need longer term breathing assistance, they will likely perform a tracheostomy, which is a long-term or permanent solution.


Title: [Ontario, CA] Need to know if I can terminate parental rights for my child's father without his knowledge/consent?

Question:
I, the mother [21F] and he the father[20M] dated briefly at the end of high school and I fell pregnant right as we were breaking up. After I told him he said he wasn't ready to be a father" and that he wanted me to have an abortion. I cut all contact and he has since contacted me twice via social media which I have since blocked him on saying that "if this is his child he would help out if that's what I wanted" I think him saying "if" just proves that he does not care at all because he KNOWS this is his child. He is a loser, never graduated high school, and works part time/collects welfare last time I checked. I am an independent adult now, I live alone with my child[2.5] and own my own vehicle and attend post-secondary full-time while also working.

I REALLY don't want him involved because he would be a terrible influence on my child. He is a regular pot smoker, has chronic depression that he uses as an excuse to not leave his house or hold down a job. His family is also HORRIBLE. He came from an abusive household and his family scares me more than he does. The idea of EVER letting him have any contact with my child freaks me right out.

It may be worth mentioning that shortly after my child was born he saw us walking at the local shopping centre and just looked right at us and kept walking. Because of this and his lack of interest and effort I assume he doesn't want anything to do with her but I am wondering if there is anything I can do short of a future step-father adopting my child?

I would love to formally petition the courts for full custody so that he can never come around. I do NOT want any money or support from him because it is not worth the negative effects on my child. So I could care less if I would never be able to pursue any financial support in the future as long as my child is safe.

It may be important to note that he is NOT on the birth certificate. I didn't know what the implications of putting him on there would be so I simply registered as a single parent and left the father section blank.

If anyone knows what steps I can take to protect my child and myself I would really appreciate any input. I do NOT want to approach him about giving up rights(if that's even a thing) because I don't want to rock the boat with him...

Thanks

Edit: Also I will be in the same town as him for the next year or so then plan to move after that to further my schooling. Can he prevent me from moving away with my child?

Topic:
Custody Divorce and Family

Answer: Short answer, no you cannot get sole custody through a court order without notifying the other person. Nor would a custody order prohibit him from ever having access or custody, he could make a motion to alter the agreement at any point. Answer #2: No, you cannot terminate his parental rights without giving him notice. The right to parent your child is a constitutionally protected right--he has a right to notice and a hearing, and he may have a right to a court-appointed attorney if he can't afford to pay a lawyer. The only way you can 100% guarantee he won't be a part of your child's life is (a) get him to voluntarily waive his parental rights (you'll need a lawyer to make sure this is done properly) or (b) get a court to agree with you--again, after notice to him and a hearing in court--that his rights need to be terminated.


Title: What are my clubs rights on campus as a disassociated organization?

Question:
Hello r/legaladvice!

I am coming to you with the sliver of hope I have left for my organization. To explain, my organization is a religious student group on one of the campuses of the CSU system. We require that officers of the organization must be of the faith. Anyone can join as a voting member no matter the faith or lack thereof. The national governing body of our organization refuses to give in on this policy for fear that our organization will go the way of many before us.

We are a part of the California State University system and CSU has a policy stating that no one can discriminate based on age, sex, religion... (fraternities and sororities can discriminate based on sex as an exception). This policy is made by the chancellor. While obviously a great policy in general, it allows clubs who are focused on one thing (like a democrats club) to be taken over an opposing agenda (like the republicans club) or vice versa.

As a result, we were disaffiliated from campus. We have been told by the legal counsel of the school that the only right we have on the campus public spaces are to hand out flyers. We cannot set up a booth or even apply to have a booth on campus as an off campus organization. Now I should explain that anyone can get on campus for free by submitting forms and getting them approved, which is what we did to get a booth this past week. It was approved by all four channels it went through.

Halfway through the week, the dean of students and a member of the legal counsel came to us and said that are status with regards to the university was not simply "non-affiliated," but "disassociated." They never informed us of this status change until this past week. We got removed from being a part of campus around 2008 and have never heard of any changes since then. They told us this week, that our status was changed in 2012. I have been a part of the organizations leadership since before then and am still highly involved today. This message was never communicated, nor was a reason given for the "disassociation" status. Apparently being "dissasociated" means we can't apply even as a non-affiliate.

From my legal understanding, we have a right to set up a booth in the public space as long as it is not interrupting classes or creating a issue with the general public, blocking any pathways, or left unattended. How correct is this statement? Obviously there are some limitations for us, but what are they? Can they single us out by saying we are a "disassociated" rather than simply not affiliated? This whole situation just seems really unfair, and quite frankly illegal for a public university, but the law doesn't seem to be on our side somehow.

Thank you for your time, you help is very much appreciated.

Answer:
 You're confusing "public space" with "public university." There are plenty of publicly-funded institutions -- courts, hospitals, government administration buildings, public primary schools -- that are likewise "public" but not "public space" for the purposes you describe. There are also vast tracts of "public" land (parks, etc) that are not open to the uses you describe, or that have a variety of requirements on when, where, and how they can be occupied for any particular purpose.

One thing to keep in mind is that **no one is telling you that you can't have a club,** just that it can't operate on campus in the same way as clubs that do meet the requirements for affiliation with the university. It's very likely that there are other ways to protect the integrity of your club without limiting your officers in a manner that the university considers discriminatory. For example, you could write into your constitution or bylaws that certain matters are not open to a vote. Or it may just be a fact of life that in this case, you can't structure your club the way you want and have it affiliated with the university at the same time.

Given that you have a national governing body, your best option IMO is to have them reach out to the university to review the options. But after reviewing the rules, I can tell you that they are not going to budge on this one.


Title: My 63-year-old mother found a note from a stranger addressed to her indicating that she was being watched. [TX]

Question:
My mom lives in a gated (but not guarded) neighborhood. On Friday night, she got home late, around 11PM, and unloaded some groceries from her car into the house before going inside and going to bed. The next morning, she was up and doing things around the house when she noticed a hand-written note stuck to the front door. It read,

>To the lady of the house: I saw you last night unloading what seemed to be groceries. I was standing by the white van and am pretty sure that you noticed me. I was wanting to ask if you needed help, but didn't want to upset any possible BF or husband you may have. You were wearing what looked to me to be a black dress. From where I stand, you looked quite lovely. I would love the chance to get to talk or see you closer. If you have any interest, please contact me. My number is XXX-XXX-XXXX. I truly hope to hear from you. Take care.

>Yours truly,
>Me

My mom was indeed unloading groceries, wearing a black dress, unloading groceries. She did not notice a white van or anyone watching her. Needless to say, she's pretty freaked out and unsure of what to do. I live halfway across the country, so there's a limited amount that I can do remotely. I have encouraged her and my father to take the note to the police even though it's obviously not illegal to leave someone a note. However, given that it is a gated neighborhood, and this person was stalking around late at night, there may be something?

We've Google'd the phone number and got some hits, but I'm unsure of how accurate those services are. What else should my mom be doing to protect herself?

Answer:
 The obvious option is to call the police, ask then to drive through the neighborhood at night. Show then the note

Asides from some fancy internet detective work, buy a security system and watch the footage.Answer #2: Be careful.  This person may be trying to insert himself into your mother's life to take money from her.  A person doesn't have to have a lot of money for someone to want to take it.  Even a small house can be enough. They pray on people they think are lonely and vulnerable. Answer #3: This is really creepy.  I would think normal people would say hi to introduce themselves rather leaving a note.  Good thing is that you have his contact number so that you will know who is doing this.  I would go to police and get his information + have police officer talk to him. I would also get TRO if this doesn’t work. Answer #4: 1) call police non emergency line and file a report.

2) request undercover neighborhood patrols to see if they can’t find this vehicle

3) invest in security cameras, you’d want full coverage of the house. You never know, and if this guy is mentally unstable, he may try and break in.


Title: Forced onto disability

Question:
Hey there, I need some advice...

I've been with a company in various capacities ranging from grunt work to being a supervisor over the last 15 years. I've always been the go to guy when anything goes wrong and help as much as I can... Operating a forklift has been included in many of my daily tasks over the years. About 7 years ago I first noticed pain in my shoulder, inflamed by heavy lifting and driving a forklift.

Shoot forward, the company is going through structural changes. I get demoted officially but many of my duties and tasks stay the same. I sometimes help with forklift work, but the most recent summer spent on the forklift (1-2 hours per day) made the pain in my shoulder exponentially worse.

More time passes. Supervisor that replaces me is useless, and I end up doing most of his work, making him look good. His boss figures that I only have 2-3 hours of work load per day... In fact i have a full day of work that I rip through in about 5.5-6 hours...  And then work to help the supervisor or on continuous improvement...

I have had severe pain in my shoulder since last year, and my doctor instructed me to go on light duties.

8 weeks ago, my manager called me up to a meeting with HR out of nowhere, and forced me into short term disability (claiming that I need to get back to 100% so that I can drive a forklift for most of my day like my job description says... )until my shoulder gets better so that I can drive a forklift. I had no say in it, but was guaranteed that I would be covered by our insurance plan (details of coverage were laid out)

8 weeks have gone by, and my insurance provider denied my claim. They said since most of my work is office related and I rarely drive the forklift, there is no reason for me to be off work...

I have  been trying to get a hold of my manager for almost 2 days... He is not responding...

My doc says to go back to work...

What do I do?

Edit: I am in Canada

Answer:
 Since you will be still working there, I will not give you all the legal options you have, like getting a lawyer or file a claim in small claims court. (this could damage the relationship if it isn't already)

You could go higher up, and contact the manager his manager, this might do the job.
And please keep on calling your own manager up to that moment.


Title: Injured helping understaffed freight carrier with delivery, concerned about med expenses

Question:
Greetings Legal Advice folks,

Hoping that someone could give me some input on a situation that came up today.

Subjects in play: myself, a consumer goods seller, and a freight carrier.

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

- Saved up to purchase a new TV. Paid the seller for "white glove" service, described as "delivery into any accessible room of your home, unboxing, placement, and removal of packaging." Since I'm in a 2nd-floor walk-up, this was definitely the way to go.

- Original delivery date, freight carrier says that only 1 delivery person is coming, and asked if I can "help." Informed them to please send 2 people. Carrier says they will "see what we can do." Contacted seller to inform them of the situation; they also reached out to the freight carrier.

- Delivery date pushed, to today. Morning call with the freight carrier, I reiterated they need to send 2 people, they reiterated they will "see what we can do."

- Freight driver calls for exact timing. Only 1 person coming. I've already taken the day off work to receive the delivery, so I'm stuck, and rather than potentially have to take repeated days off, I end up helping. (I probably should have pushed back, but taking days off for this BS is rough, and I just wanted to get it done.)

- While only about 85lbs, the box of course is massive in size. As we work on getting it up the front steps and into the building's front door, I end up injuring my upper forearm while pulling the box.

- I've already asked for a refund for this "white glove" service BS. Getting hurt maneuvering a gigantic box was exactly the sort of stupid shit I was hoping to avoid by paying for this service.

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

I'm hoping it is nothing more than a very severe pulled muscle; it hurts to type this, and I'm super concerned that if it's not notably better by tomorrow evening, I'll have to get it checked out. This means medical costs, however much or little they are.

So of course my question to you all is, might this be an opportunity where I have some legal recourse? Did it go out the window when I went ahead and helped the freight staff? The only result I'd be looking for, is a covering of medical costs, no frivolous crap. (And I'm not talking like $200 – more like if it climbs to say, $2000.)

Thanks a bunch for any input, greatly appreciated.

Answer: You can file a claim for a refund of your shipping, but don't expect much or anything to happen quickly.  I own a manufacturing company and deal with all the shippers on a daily basis.  I just has a claim settle (1) year later where they investigated themselves and found themselves to only be 1/3 responsible when they put a forklift tyne through my crate.  You could complain to the company you bought the TV from as they have more pull over the shipping company.


Title: Company posted my bill on FB - MI

Question:
Hello everyone! This is my first time posting to here.
I live in Michigan and I recently had a company post my bill - what I owe, when I owed it, and my contact information - on Facebook. Is this legal? It said "Unpaid since Jan. Please help me find her. *Insert Phone number here*.

It felt very threatening. I called him immediately and he said he came to my house that day. I was at lunch with my father and family because I just got out of the hospital Friday. I wasn't there when he came by.  He has made no attempt, other than mail, to contact me before this. Any help is great, thanks!

Answer: Possibly against Facebook terms of service. Report it and they might take it down.Answer #2: So have you paid the bill?  Do you disagree with the amount you owe?


Title: Step children being sexually/mentally abused.

Question:
USA/Pennsylvania -Not sure if this is the proper sub for this, but I am at wit's end and I am about to snap.   My fiance, soon to be wife, has three kids.  She calls me today saying she got a call from the principal telling her that her youngest was showing the other boys in class how to give oral sex to another male.  This is just once instance of several over the past two years that I have been in the picture.  The kids' father already had consequences from years ago when the court system found that his actions around/with the children were inappropriate.  The school is going to report it to CYS, but CYS already said they will just close the case.   The boy has been seeing a counselor but never says anything direct enough to take to court.  He has an emergency appointment this afternoon and hopefully he says something that we can use.

I'm not all about taking someone's rights to their children away, but every time the kids go to their dads, they come back all jacked up mentally.

I am in dire need of direction/action In this matter. CYS has been no help whatsoever over the past several years.

Please, anyone with knowledge/experience, please drop me a line.  If this is not the proper sub, please could someone point me in the right direction.

Thanks.

Answer:
 The most important and basic part of law is: document everything.

Secondly when it surrounds custody cases: A local lawyer is one huge advantage.


Title: Australia - I bought a second hand laptop on gumtree, seller didn't realise he was selling his data with it. I formatted the laptop, and he sent me an invoice for the cost of the lost data. Received letter of demand for payment of the invoice today. What do I do from here?

Question:
In August I bought a used thinkpad on gumtree. The payment went through OK, the laptop arrived, and had the seller's Windows install on it. I promptly wiped it and set it up how I like it, and went on my way.

A couple of weeks later the seller got back to me in a panic because he'd bought a new laptop and it was completely clean. He'd presumed his new laptop would still have all his stuff on it as soon as he logged in. He told me his IT guys said they should still be able to rescue the data from the laptop, but would need access to it.

Not a chance, I'd formatted it and nearly completely filled it with my own stuff.

He wanted the laptop back to run a data recovery, and I refused, not just because he's two states away but because I know it was overwritten. We sent heated mails back and forth, and at the end of September he sent me an invoice for $8100 for the cost to him of the loss of the data on the laptop. I ignored it, blocked him everywhere I could, and went on my way again.

Just yesterday I received (in my PO Box, it'd likely been there a week already as I went away for Christmas) a letter of demand stating I have an unpaid debt to him of $9240 now, and if it's not paid within seven days then he will "reserve the right to take legal action to recover the monies without further notice to you."

My gut feeling is he's full of it, but if he's taken it this far am I likely to be in any trouble? Is there anything I can do to fend off any issues before he takes it further? AFAIC this was entirely his fault, and there was no information with the laptop to keep the existing install, or make backups etc.

Answer: How about a settlement offer: he provides you with a 1 TB SSD for your trouble and you give back the (wiped) drive in exchange for him releasing all claims. Probably dumb enough to think he can get anything meaningful off of it so he might play along.


Title: Self-representation in Maryland

Question:
I had filed a notice of self-representation in a Maryland circuit court, and during a hearing, the other party's lawyer lied and had submitted false emails that resulted in me supposedly being sanctioned (an order of sanctions was never produced).
I then hired a lawyer who, in subsequent hearings, was not disputing the other lawyer's persistent lies and allegations.  I wrote a letter to the judge explaining this.  The letter was certified by the court clerk and entered into the case file, and a copy was forwarded to the other lawyer.
At the beginning of the next hearing, the judge indicated that the other lawyer protested, saying that the letter was not submitted by my lawyer, and therefore it could not be entered into the court record and reviewed by the judge, since I was now being represented by a lawyer.
Since I never withdrew my self-representation, and my lawyer had entered his appearance, do I not have any rights to submit anything to the court myself?

Answer: So you are just submitting things without going through your lawyer? That's a great way to lose your lawyer by the way.


Title: [DC] Wife and I leaving DC for higher paying job to CT. Apartment won’t let us buy out lease or sublet. Any tips?

Question:
Hey all,

Wife got a much higher paying job in Stamford, CT but our current lease for an apartment is until June. Her new job offered to pay our lease break up to 8k but the management said no and won’t listen to any negotiation. We tried to ask if we can keep the 8k to pay rent but they won’t allow that.

Our lease says we are responsible for rent until it’s finished and we are not allowed to sublet. Is there any other possible routes we can take? I know it’s under contract but I’m just trying to gauge options. Thanks!

Answer: Does your lease outline any procedure for breaking the lease early? If so, insist on them letting you follow that procedure. If not, then you’re likely on the hook for the lease. Try and go higher up in management and see if you can negotiate a solution.


Title: Am I Totally Done For?

Question:
Toronto, Canada.

14, if that matters.
While viewing porn, I ended up on Imagefap.com. Not knowing what the fuck "jailbait" meant, and only hearing it talked about once or twice, I just though it was some 18 year old shit, closer to my age, and I'm kinda into that. I didn't know it was illegal.

So, me being me, I typed "jailbait" into the search bar and hit enter. BANG, before I know it, the site brings be to a page that says my IP has been logged and reported, along with the search arguments. I flipped the fuck out, obviously, because who wouldn't? I have fucking dreams, I'm a freshman, and all that goes to shit if I'm labelled as a sex offender for the rest of my life. I prayed, literally to God as I'm a Christian (yeah, yeah, I'm not exactly an angel.)

Okay, here are my questions:

1. Is it possible that searching for jailbait could land me in jail?
2. Is it possible that the police have my IP, and are looking for me right now?
3. If none of the above, how can I now be sure that anything else I've seen in the past wasn't illegal?

I'm scared shitless, please, someone help.

Answer:
 1. Simply searching for "jailbait" will not land you in jail.
2. Highly unlikely.
3. There's nothing you can do to "unsee" what you've already seen. Focus on making sure that what you view in the future is legal.  Make sure you do not save, store, or share any photos you believe might be illegal. Answer #2: Quit looking for child porn.


Title: [IN] A guy wants to buy my house, pay me cash, any risk not through realtor?

Question:
located in Indiana

I have a selling agent, but contract just expired two months ago

this guy saw the "for sale" sign, and hireed my selling agent as his buying agent trying to buy my house, but not got through. ( he told me this yesterday)

so he came to my house, offered to pay me cash and my property tax, transfer the property to him by signing Quit Claim Deed.

I owned my house, no mortgage.  I have clean title. I am wondering is it secure if without realtor or title company involved?

what is the best approach? Thanks.

Answer: I personally would not touch this with a 10 foot pole. Sounds like the kind of thing scammers do to old people to take their homes out from under them.Answer #2: If you aren't going to involve an agent that's fine but at least hire a real estate attorney to handle the transaction for you. Totally worth the money.


Title: Could my mother get deported?

Question: My mom (54F) is from Venezuela and she has been residing in the US for 28 years. My father (56M) works for the world Bank and secured them both G4 visas. My mother lost her ID and Passport both on the same day making me think they were stolen but that is not important right now. She already got a new ID a few months ago but since the Venezuelan government is frozen, she will not be able to get a new passport which I believe is required to renew her visa. She applied for a new one before Guaido was recognized as the new president by the US government and they told her to go to the embassy in order to continue the process but by the time she got there, it had already closed down and been occupied by Code Pink. I (16M) dont understand much about the situation but I'm getting worried and my mom doesn't seem to be very proactive about the situation or very worried. Should we be?

Answer: IANAL, but a lot of my family works for different parts of the World Bank. Are you in the DC area and does your dad work at the Bank headquarters? If so, just make sure he gets a referral for an immigration attorney from the Bank; their staff is chock-full of very unique immigration and visa situations and someone in HR or your dad’s management chain will know the right attorney to handle your mom’s case.


Title: We are looking into subletting a room in our apartment for a friend who's homeless. How do we protect ourselves?

Question:
Recently, my girlfriend and I have gone over the idea of having our homeless friend use our second room in our apartment. He has a job, but pays $1,200 a month to rent out a Prius that he also sleeps in. We figure it'd be a lot better for his situation if he:

* had a roof under his head
* borrowed my old car and return the rental
* direct even less of the money he pays for the car towards our rent/utilities/misc. expenses

We do also understand that by doing this we're compromising our personal space. We no longer have complete privacy and we can no longer to certain things around the house, provided our friend's around. We did establish that we're doing this to help him get back on his feet, and perhaps he'd be able to rent out another room soon.

We've gone over this with my girlfriend's family, and while all of them do say we're wonderful people for even considering this, they're pretty much just looking after us and making sure we're safe and protected in all this.

That said, we want to know the best way we can protect ourselves in this situation. What we do know as of the moment is that our leasing office has an immensely easy way to include and exclude people in the lease - all that's needed is a mutual agreement between everyone that's in the lease (at the time).

We also know that we can look into subleasing agreements that we can have our friend sign and have notarized, and even edit the agreement to our liking and have him agree to our specific terms.

I figure the sublease agreement (writing our own ground rules/agreements into it) would be our best bet, but we just wanna make sure.

Answer:
 What is it that you feel you need protecting against?  Answering that would be more helpful to giving you advice.

Yes, this person should have some kind of a lease or sublease.  Yes, a sublease through you will allow you to get rid of him with proper notice.

Bear in mind that just because you put a term in a lease and the other party agrees to it, it may not necessarily be enforceable.


Title: Landlord entered my appartment unannounced, fining me for a messy apartment

Question:
NH USA.

I live in a student housing apartment building (not affiliated with the school). The setup of the apartment is 4 bedrooms with a common area and bathroom. The leases are by the bedroom. As of right now, I am the only one living here. Last Thursday I got an email saying I was getting a new roommate so the place had to be cleaned. It also said everything of mine had to be out of any of the bedrooms I wasn't leasing, adding that they where gonna inspect the other rooms and I would be fined if my stuff was in there. Ok, fair enough, I didn't have anything in those rooms anyway. Beyond saying those rooms had to be inspected, the email said nothing about them coming into my apartment at any specific day/time. I had the day off of work today so I decided to spend the day moving my personal stuff out of the common area part of my apartment into my bedroom (admittedly while I was doing this it looked like a bomb went off in here). Then out of nowhere, I see my landlord standing in my doorway scaring the everloving sh*t out of me (idk if she knocked, I had headphones on. She walks in and says she has to check out the unoccupied rooms because someone is moving in on Wednesday. I didn't invite her in or say that she could come in, but I didn't specifically tell her not to come in as I really didn't care all that much. She walks around and unlocks and looks into all of the rooms, including mine. She comments on how dirty the place is and I said: "I know, that's why I'm cleaning it as we speak". Then after a tad bit of Smalltalk, she leaves. I was pretty annoyed that she just came in like that, but I didn't think much of it. Then about an hour later I get an email saying I'm being fined $400 for a health and safety violation for the apartment being "unreasonably messy". In my lease agreement, It does say I can be fined for the apartment being messy, but It also says I get 24 hours notice for them coming in for any reason. Do the two cancel out? I don't know if I have any legal rights here, but I don't have the $400 she wants for the fine, so I really don't want to pay it.
Topic:
Landlord Tenant Housing

Answer: NAL, but I wouldn't pay it. What specific health and safety violation was violated? What is the qualifying criteria for "unreasonably messy"? If I do my laundry and then throw my clean clothes all over the place, the space would appear messy but it's not dirty. Did you finish cleaning and take pictures afterwards? Did the landlord hire a company to come out and professionally clean? Do you have a lease? Did you pay a security deposit? I'd send the landlord a return letter fining them $400 for being "unreasonably shitty". Should get the point across


Title: I blow .06 at 4:00am, my accident at 2:00am.

Question:
Hello,

Will I be considered under the influence if I was under .08 (wa state) ? I understand the case is weak since their evidence is .06 but any logical human can assume i was under the influence at the time of the accident.

I was also an at fault party. Will insurance not pay for full covered if I have it given the accident happened under the influence (Even tho evidence states I was under the limit, but logic assumes I was during the time of the accident?)

Thanks in advance.

Answer:
 You misunderstand how DUI works.  .08 is not the legal limit, below which you are safe and legal to drive.  It is the per se limit, which means if you are at or above that level, you are legally considered impaired without further evidence.

If you are below .08, you can still be charged with, and convicted of, DUI.  The prosecution just needs other evidence to establish that you were impaired -- such as, for example, being at fault in an accident.

The prosecution can also have an expert testify about how alcohol metabolizes in your body, and if you were drinking in the hours shortly before the accident, can probably testify that you BAL was higher at the time of the accident than it was 2 hours later when you were tested.


Title: Moved out of state, and landlord won't return a penny of the deposit

Question: (California) Hello! Recently moved out of Sacramento, and my landlord didn't provide me with details of my deposit within the required 21 days. 2 months later he returns a vague email saying, "sorry painting took all your deposit". The apartment was left in better condition then we left it, and we have pictures. He claims that wear and tear is our responsibility. If I was in town, I would go to small claims, but I'm already moved! Am I totally screwed out of my deposit? Do I have any options? I'm owed about 1200... thanks for your help!

Answer:
 You can sue him in small claims. The fact that he did not return or inform within the required 21 days will work in your favor, especially with your pictures. Bad faith refusals can potentially result in treble (triple) damages.

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtmlAnswer #2: Normal wear and tear, e.g. nail holes, scuffs, things of that nature, are never your responsibility(almost never in most states). You'll have to sue them in CA, maybe for even treble damages. Follow /u/dragonpup 's link.


Title: [PA] (College Student)-Videotaped another student stealing a small amount of prescription medication from my dorm room. Can he be charged?

Question:
title pretty much explains it. currently a college student in southeastern PA and for the past couple weeks stuff has been getting stolen from my room, namely large amounts of money and prescription medication. Recently, I took some initiative and hid in my room with a camera, lo and behold the person I suspected of stealing from me all along entered my room, looked around for me and my roommate, and started rifling through my things, stealing prescription medicine that was in my dresser.

I have the whole incident on video, and it's pretty clear what he is doing.  I have no intention of bringing this is the University's police force since they have brushed off my previous attempts at filing thefts claims and I want to take this straight to the police. The term ends in ~ 5/6 days, so what are my options? both me and the thief are from out of state.

can be charged w theft of controlled substance?

Answer:
 Go to the police. Bring the video with you. Provide them all information you have. They'll investigate and a prosecutor will determine if there's enough evidence to charge him.

That being said, I'd also bring the video to your RA and your university's police again - if he's stealing from you, he's more than likely stealing from other people, too. If the university police don't take you seriously, escalate it up the chain of command.


Title: Boat sale gone wrong

Question:
Hello fellow Redditers,

 My wife and i are in desperate need of advice.  We bought a boat from a fellow service member recently and on our first ride after the sale it left me and my family dead in the water. We assumed it could be something small but brought it to the seadoo mechanic anyway to give it a once over. Turns out the supercharger that he said was rebuilt and the obvious recent oil change and "maintenance" he has done was more than likely just to give it enough strength to make it through the sale and cover things up.  I have done my due diligence and called multiple other certified mechanics to verify the information, and i'm getting abut a $5,000 bill on average from all of them. that involves a full new engine, rebuild for the supercharger and oil pumps. I have contacted the seller a few times in a civil manner but he has ghosted me. No return calls or text messages. We are now way up side down on our boat value and wondering if we should seek legal council. From my understanding all used sales are as-is but i do not know the law. Any advice would be super appreciated! Thank you for your guys time!

Answer: In my experience all boat sales go wrong.Answer #2: You bought a used boat as-is. The seller doesn't owe you anything.  You should have had it inspected.


Title: Long distance motorcycle sale woes, need advice on how to protect myself.

Question: So, a guy in TN (I am in MA) found my bike on craigslist and said he wanted to buy it.  He sent me the cash through walmart money, since they verify identities with a drivers license, I thought that to be the safest way.  Now a few weeks after I have all the cash, somebody else has contacted me saying they are the final purchaser, and that the guy I spoke to was just a middle man.  Of course, now, the guy I spoke to and did everything through is unreachable.  So, the person that is claiming they bought the bike is sending me every communication and bank transaction they had with the middle man as 'proof' they paid for the bike.  I don't want to let the bike go without a signed, notorized letter from the middle person stating that I can relinquish the bike to the end-buyers shipper, as I feel as though the middle person can somehow come back at me claiming they bought a bike from me and never received it.  BUT, as they are unreachable, and the shipper is very close now, the buyer is basically begging me to find some way to hand the bike and title over to her with the middle person being unreachable... what should I do?  Is there any document I can have her sign and notarize that would protect me from the middle person coming back at me claiming they paid me for a bike they never received?

Answer:
 There is zero chance I would release the bike to any person who was not the purchaser of the bike.

This sounds like an awesome scam- you release the bike to the third party, the first guy immediately asks for his money back, and he and his friend split the proceeds from their free bike.


Title: [TX] Sexual assault in apartment, roommate breaking lease, I am not able to break lease

Question:
An unknown intruder broke into our apartment and sexually assaulted my roommate in the middle of the night. I was asleep in my room, across from hers, while it occurred. Since I was asleep during the assault I do not know the full details of what occurred in my roommate's room. From what she told me she was beaten (not too severely from what I could tell by her appearance) but had not gone as far as rape. The perpetrator left our apartment and my roommate called the police afterwards. I woke up afterwards when the police arrived at our apartment.

Due to such an incident occurring, my roommate looked into breaking our lease so she could move out and live somewhere else. Our names are together on one lease, so the intention was for our lease to get broken and both of us move out. I also have no desire to continue living in that apartment after the incident occurred.

I do not know if my roommate holds some kind of resentment against me in light of the assault. For all I know it could have been her ex-boyfriend that she had broken up with only days before the incident that broke into the apartment. but it would seem whatever conversation she had with her attorney and our landlord did not include us together. Instead it has become apparent she is breaking the lease on her own while trying to leave me with the burden of taking responsibility for the apartment unit and whatever may come afterward. If the entire apartment unit becomes my responsibility I will not be able to afford the rent that we were splitting on my own. Previously she had assured me that both of us would be able to move out of the apartment, but I have since learned that whatever communication she has with me cannot be taken reliably. I find it most likely she never intended on having her attorney get us both released from the lease to begin with.

Last week I got in touch with the student legal department at our university (we both attend the same university and she also went through the student legal department to handle her case) and spoke with someone in their office. They said they would be contacting me some time today after looking into my case.

Today I was contacted by my landlord asking me to come to the office tomorrow to sign some documents that would release my roommate from the lease. I told my landlord I would not be signing any documents until after I have consulted with an attorney and had them review the documents before I sign them. I find it suspicious that I would be asked to sign something that would release my roommate from the lease but would not be releasing me.

Afterwards I contacted my student legal department since they had not contacted me yet today and let them know about the new issue with this document being brought forward to me. I should be getting a copy of the document after my roommate signs it tomorrow, and I will be going to the attorney's office on Wednesday.

I have no experience with legal matters so I feel very overwhelmed by this entire situation. It seems to me that my landlord does not want to free me from the lease, but the landlord must free my roommate from the lease because she has medical paperwork from the sexual assault. Although I was not a direct victim in this case, my room is directly across from hers and it seems to be only by luck that the perpetrator decided to go into her room instead of mine. But for all I know the perpetrator could have looked inside of my room before entering my roommate's. Also nothing was stolen from our apartment.

Although I will be speaking with an attorney I would still like further insight into this type of situation if anyone has any similar experiences or can provide information regarding Texas law.

Answer:
 It sounds like your roommate and landlord agreed that they would let her out of the lease - *provided that you agree to it*. And why would you? They can't force you into that position. You can start by suggesting to your landlord that you want to terminate the lease entirely. Answer #2: Nope - if you are both on the lease, it requires all parties to change it. You should negotiate to also be released from the lease, or that the roommate be allowed to find a replacement but still pay her half of the rent until that happens.

They cannot unilaterally decide to release her from the lease.Answer #3: Are you and your roommate on the same lease or on separate leases? If you are on the same lease it is likely the landlord cannot break the lease just for your roommate and must either break the whole lease or not break the lease at all. Of course never sign anything before you have read and understood it. Answer #4: Well this is weird. I have never had to contemplate how 92.016 and it's offshoots would work with two tenants. I would assume your lease would only be terminated, as to you, if you both signed the same lease, as the whole lease would be terminated in that case. If you signed separate leases, your lease should still be enforceable as to you. This law is basically an offshoot the Violence Against Women Act and the law. Your best resource, outside of a private attorney, might be to contact a local legal-advice Family Violence Prevention Center and see what they think would happen. Those centers assist with more of these cases than anyone else and would probably be able to give you the best answer.


Title: Medical Malpractice - agree to procedure, receive another one

Question:
Throwaway - San Francisco, CA

My wife miscarried early on in pregnancy. To establish if it was ectopic/tubal, the attending physician recommended a biopsy. However the resident that completed the task ended up "ending" the pregnancy (basically removing the embryo etc).
At no time in the procedure were we told this would occur, and my wife signed the consent for a biopsy and nothing more.

While the pregnancy was going to end (may already have ended) we were not informed of a new procedure nor were properly told afterwards of post care.

Is this a case for malpractice?

Answer: Can you elaborate? I've had 3 miscarriages and from my understanding, a biopsy is removing fetal tissue. Aka removing the embryo. It's implied. If she miscarried early, there's almost no way to biopsy only a portion as even at 7 weeks, baby is only the size of a blueberry. Did they explain this to you in detail? It sounds like you were just not informed about what a biopsy is in regards to miscarriages.


Title: What is the legality of pseudo-prostitution?

Question:
For example, various "sugar daddy" websites where a woman makes an arrangement with a man, or classifieds in the back of the paper for escorts (explicitly no sex, but an unspoken agreement that's that what it is).

Where precisely is the legal line drawn?

(However your own jurisdiction draws the line - assuming prostitution is illegal there, of course. In the U.S., it would be state specific, but such websites are nationwide, and crossing borders happens, so how would that work?)

Answer:
 This will depend a lot on location. Since there is none mentioned, here is the advice for Estonia:

No legal line is necessary for people posting on those sites, prostitution by an independent individual is legal. Profiting from another person's prostitution, or controlling prostitution (pimping/brothels) are not. Operating these websites *may* fall under that, but it seems that as long as they don't take a cut of the profits nor instruct who you should or should not meet, they will be fine.


Title: Who has the rights to my aunts will?

Question:
Backstory: my aunt & uncle married in Colombia and eventually became US citizens.
My uncle passed away and since there was no will left behind, my aunt was being harassed by his family (who live in Colombia)  for rights to their belongings/property in the US & Colombia.

Fast Forward: My aunt put only my name on her will so that I am the benefactor of her assets/debts.

Question: Can my aunt’s husband’s family legally try to claim any of the assets she intends to leave for me?

Thank you.

Answer: If your uncle passed away without a will, his estate in New Jersey will pass through intestacy.  If he had kids, it's split between your aunt and his kids in some fashion or another depending on the family make up. If he didn't have any kids, all of it goes to your aunt. As for the Colombia property, that's determined by Colombian laws. In any event, they have no claim to anything in New Jersey absent a will that's recognized under New Jersey law stating otherwise.


Title: [CA] Ex girlfriends sister received a letter in the mail for failure to stop at a red light. Can she ignore it?

Question:
She failed to stop at a red light while making a right turn. This took place at 1215 at night.

One letter is from the video place stating notice of traffic violation.

The other is a notification from Los Angeles Superior Court stating citation.

Aren't these notices half bullshit or something?

Answer: If it’s from the court, don’t ignore it.


Title: If you own an office space on the first floor of a building, are you responsible for maintaining the roof of said building?

Question:
USA / NY

Long story short, I own office space on the first floor of a 2-story commercial building. The rest of the building is owned by one other owner who leases it out to other people. She recently told me the roof is damaged and wants me to pay my share in fixing it, but I was always under the impression that her roof was her problem, as my roof and floor space were my problem (i.e. I wouldn't charge her for cracks and leaks unless it can be traced to her parts of the building).

Am I correct in my assessment, or am I actually on the hook for fixing a roof that I will never use or even have a legal right to access?

Answer:
 You'll need an attorney to review your deed, sales contracts, et cetera.

Generally, when there's one physical structure split among multiple parties, the parties split communal expenses for the building, as well.  Things like roof, plumbing, foundation are on both of you; your ceiling, carpet, walls are yours.Answer #2: Technically you share the roof as it protects your office space as well. Otherwise she could let it degrade to the point of leaking and let the water come in and damage your unit as well. If it were me I'd calculate the total square footage of the building and create a ratio of what you own to what she owns and split the bill based on that ratio.

I'm not a lawyer though so if you want to go to court and argue over whether or not you have a responsibility for the outer shell of the building that's up to you.Answer #3: What does your agreement say with her; or do you have one?


Title: Potential retaliation termination

Question: [deleted]

Answer:
 According to the [EEOC](https://www.eeoc.gov/eeoc/publications/qa_religious_garb_grooming.cfm) you cannot be terminated for refusing to shave due to your religious beliefs.

Is your religion relatively mainstream, or is the the Cult of Diesel728?


Title: [USA - FL] Newspaper posted untrue things about friend, taken out of context, which resulted in lost job opportunities. Now trying to get friend to sign a release to remove article. What next?

Question:
This occurred to a good friend of mine.  A newspaper posted an article in print (front page) and online in numerous places (twitter, facebook, news services, etc) that stated many untrue things, that painted my friend in a false light, which has directly cost numerous job opportunities since it has been up. The pay for those jobs are between $125k - $250k salaried. Every time he is about to get the offer they then cite the article and remove him as a potential candidate.  He has spent tens of thousands of dollars in travel costs to go for interviews to these jobs. It has been financially devastating to my friend and his family, who are also getting harassment over the article and having their professional lives affected just by association.

The article cited a pending frivolous lawsuit against my friend's employer, that my friend is mentioned within the narrative of the lawsuit, but is not a defendant in.  The article stated outright that it was my friend being sued (which is untrue) and took select quotes out of the lawsuit to purposefully sensationalize it and paint them as some sort of deviant.

Since then, the paper has essentially indirectly hinted towards wrong-doing and edited the article to correct the misstatements, and is now attempting to get them to sign a waiver / release in order to remove the article and relieve themselves of any damages.

I have no idea how defamation, false light, or any of that works, but is there a case here?  And what could be won in a case such as this?

Answer:
 The amount of money at stake is enough that your friend should be talking to a lawyer, not you, to get this fixed. Answer #2: >I have no idea how defamation, false light, or any of that works, but is there a case here?

It's possible. For outright defamation in FL it is required that the newspaper 1) published a false statement, 2) published it about your friend, 3) published it to a third party (i.e. FB), and 4) the falsity of the statement caused injury to your friend.

FL also allows for defamation per se'.

http://www.dmlp.org/legal-guide/florida-defamation-law

With how much money your friend stood to gain through these job opportunities, he will definitely need a lawyer. As far as how much he could win, that is a question only a lawyer could answer for him, so he should talk to one ASAP.


Title: Sign Language Court Presentation

Question:
[removed]
Topic:
Removed

Answer: No one is going to do your homework for you.


Title: My uncle was caught in the crossfire during an armed robbery in Sheboygan, Wi. Shot by a police round. They say he has no legal case, or any room for compensation to help.

Question:
He was filling in to help his fiancé out at a bar they worked at. He got caught in the crossfire when the police took down the armed robber. It is believed that a police round grazed his chest and obliterated his right arm. All of the lawyers they have spoken to have said he would be in a better position for compensation if he was the armed robber. Now he is left with the medical bills to pay himself. What is your advice reddit? Thank you!

Here is a link to his interview with WTMJ of Milwaukee, Wi.

https://soundcloud.com/620-wtmj/union-avenue-tap-the-timeline

Answer:
 Definitely try to get other opinions, or see if you could pursue recourse against the robber. I'd be awfully surprised if they couldn't achieve some sort of settlement.

On a completely different note, it's an election year. Rebuilding trust with the police is a big issue in a lot of areas - I'm wondering if you could somehow leverage that with a politician.Answer #2: Not a lawyer.

AFAIK the police have protection against liability for things like this when they are doing their job. Your uncles recourse would be against the armed robber, there are also possibly victims of crime funds that could help.


Title: People refuse to stop trespassing on my lawn during parades. What can I do?

Question:
I live in a somewhat small town (Eastern Canada) on a street that's used as a parade route for Remembrance day, Christmas, etc. Probably in part because there's not much else to do locally, these parades have huge turnouts with many people looking for a place to sit/stand. For the last 2 years or so I have had *many* people coming onto my front lawn in an attempt to view the parades, some sitting, some standing, some even bringing lawnchairs and making themselves at home.

I have put signs up during parade times, I have told people to leave, I have sat on my step and defended my decision not to let complete strangers on my property to said strangers. I have asked the police what I can do, and because this is a small town and everyone is close they more or less told me to get over it. Whether or not I'm being a dick is neither here nor there, it's my property and I enjoy maintaining my lawn, seeing people tear it up (especially in the winter months) and litter because grandma and her tots feel entitled to a view really bothers me. I tried being polite, but it's becoming more than a nuisance.

What can I do here? I have a tiny decorative fence about calf height, but don't want to build something bigger just because of this. The police are basically not interested, and since everyone here knows everyone else it's treated as "my problem." I've been considering leaving my doberman on his leash in my yard during parade times to discourage people, he can't reach the road/sidewalk but trespassing would put you in range. Help!

Answer:
 >Whether or not I'm being a dick is neither here nor there

Agreed. You don't need to justify your decision to exercise your property rights to anyone.

Got a lawn sprinkler?Answer #2: If you really don't want people on your lawn invest in a proper fence. Consider your lawn an investment and that fence will protect your investment.

Or go ahead and put your dog outside but if he bites someone be prepared for a potential legal fight.

Answer #3: My recommendation is a temporary fence, like this: http://www.homedepot.com/p/Everbilt-4-ft-x-100-ft-Orange-Safety-Barrier-Fence-14993-0-48/202520880 plus your dog.


Title: I just found out my roommate has not been paying rent because I found the court summons. We are on separate leases. What are my rights if she gets evicted (Maryland)

Question:
Not sure if this is the correct sub for this, so forgive me. I have been living in a shared apartment since July 2017, so almost 2 years. My roommate already lived there at the time. I signed a completely separate lease from her for my half of the rent. On Tuesday, I found a court summons for my roommate taped to the mailbox because she did not pay rent in March or April. The court date is tomorrow morning. I immediately called my landlord to let him know I had no idea this was happening. He assured me that legally it doesn't affect me at all, and that it's his problem, not mine.

Now my question here is: if she gets evicted, do I have any legal right to try to get out of my lease anywhere from 1-2 months early? The lease ends July 31 and my landlord said if she doesn't pay by Friday he will start the eviction process and it will take about a month, which would leave 2 months on my portion of the lease. I absolutely DO NOT want a stranger to come in and live there with me for the last 2 months just for me to move out. I agreed to live there specifically with this roommate and I simply do not feel comfortable bringing in a random person for 2 months just for me to then leave. Do I have any rights as a tenant to put in either a 30 or 60 day notice (I think MD law is 60 days) if she gets evicted because I cannot afford the whole apartment and also am not ok living with a stranger, despite my lease going until July 31?

Another sidenote: now that this has all come to light, I want to put in a 60 day notice even if she does not get evicted because this situation is clearly unstable and also I'm extremely bothered that she did not inform me about this and left me to just find the summons. She also has not communicated with me at all since I told her I found the summons (I texted her a pic and she didn't respond) and she also has not been home at all when I've been home in the last 3 days. Would there be any possible way of ending my lease one month early without ramifications even if she doesn't get evicted.

I'm located in Maryland. I've paid my rent on time for almost 2 years, not that it matters, but just a sidenote.

Thanks in advance!

Answer:
 > I signed a completely separate lease from her for my half of the rent.

That lease and its language controls.

> if she gets evicted, do I have any legal right to try to get out of my lease anywhere from 1-2 months early?

Probably not but refer to your own lease.

> I absolutely DO NOT want a stranger to come in and live there with me for the last 2 months just for me to move out.

You may not have that option. Refer to the language in your lease.

> I want to put in a 60 day notice even if she does not get evicted because this situation is clearly unstable and also I'm extremely bothered that she did not inform me about this and left me to just find the summons.

She had no legal duty to inform you.

> She also has not communicated with me at all since I told her I found the summons

She has no legal duty to communicate with you.

> Would there be any possible way of ending my lease one month early without ramifications even if she doesn't get evicted

Unlikely, but again, you need to refer to the language in *your* lease. You are not a party to*her* lease, that's between her and the landlord only.

> I've paid my rent on time for almost 2 years, not that it matters

It does matter. You're an ideal tenant and won't have any dings on your credit from her shenanigans. Keep it that way so your next place will be easy to secure. Good luck!


Title: Helping by holding money for a family member, downsides?

Question:
A family member is receiving workers comp after years of being out of work. They’ve accrued a large amount of debt. They want to pay that as well as all loans taken using the money they currently have. For whatever reason they do not want to have their money in their account, I think it’s about their medical and how it might affect it.
I was asked to open an account and just hold it for then until they need it transferred back to pay off those listed, as in, “I’ve come to an agreement with X for how much I owe, transfer XXXX.XX to my bank account to pay them.”
It’s not a hassle for me to do this for them, I help with their finances when they need it, I just want to know the downsides and how it could affect me if at all.
I understand that trying to deceive an insurance company like not having their Medicaid taken away for having as much money in their account can be considered fraud, doesn’t seem fair as the moneys going to their debts but that’s what it is. But I have another part to this question, if someone has workers comp and the lump sum isn’t taxable, would having me hold it in my name make it taxable to me? What if it transferred back to them in the ways I mentioned before?

TL,DR: Can I hold onto a large sum for someone until they need it back? What if it was their workers comp that isn’t taxable? Do I get affected by it?

Answer: Like in your PF post, this is setting yourself up for fraud. Workers comp is generally not garnish-able so it can’t be seized for his debts. Don’t do this.


Title: [NJ] My friend works at Chipotle and keeps getting her schedule changed every day.

Question:
So my friend has been working at Chipotle for several months in New Jersey. Lately they've been rather understaffed, so she'll be asked to suddenly stay more hours than she was scheduled for or asked to come in on her day off without any notice. She has been taking it and just cancelling any doctors' appointments or meeting up with friends that she had planned when she was given her original schedule. Today however was a breaking point for me because she was scheduled to work from 11:30 am until 3:30 pm. She gets to work and because she has been working so much this week she's about to go overtime. So as she walks in she's told she's gonna start her shift at 3:15 pm until 7 pm. Basically they made her travel to work to not work, and of course she's only gonna get paid for the hours she does work. And they also tell her and everyone that whoever calls out or doesn't come in to work when they're told to will get fired. So they're basically threatening all the employees to come in, stay longer than scheduled, or not work without any notice.

Is there anything that can be done? Can they just change her schedule like that without any notice? Is there any minimum time they have to tell her before they reschedule her like this? It gets me really mad that they basically make her come in and then tell her she isn't needed AFTER she's already there.

Answer:
 > Can they just change her schedule like that without any notice?

Yes they can.  She works when they tell her to work.  That's all there is to it.


Title: Landlord kept all of our deposit, and did not make repairs.

Question:
The short of it is we moved out from a house we had lived in for 1.5yrs, about 90 days ago.

About a week after we moved out  we were notified by the home owner that we would not be given our deposit of $2000 due to repairs exceeding our deposit. There was a nonrefundable pet deposit of $250 that they also kept.

The "issues" were itemized in writing with cost ESTIMATES.   The bulk of the ESTIMATEs were due to a cracked sink that we spent $350 on repairing per guidance of landlord after final home inspection. So yes, he demanded that it be repaired better than it was (we repaired it several months before we moved out).  He was unaware of this repair until final home inspection.

With out getting into the itemized list (7 things) in gory detail, he claimed in writing that the cost of repairing some items and replacement of sink would out weigh deposit. Specifically, the sink would cost $2000-2200.

It turns out he auctioned the home to one of our friends and it has come to our attention that he did not repair or replace the sink, nor did he do ANY of the other things except a ~$20 fixture. He just pocketed our money.

One caveat is that dogs were not allowed in the house and he claims that there was pet hair in the heater vents, which is possible.   He did note any damage due to pets on his list.

Can he get away with this?

Is there a statue of limitations for me to make a claim on this?

Answer:
 West Virginia limits contracts and rent collections to 5 years. If this is a 90 day thing then you have more than a little time, since a year is the shortest limit in the code. West Virginia also allows people to proceed for "Small Claims" of less than $5,000 in the county Magistrate Court without needing a lawyer, if that isn't feasible for you.

And he can absolutely get away with this if you do nothing. You can stop by the county courthouse to see if they have a small claim packet to make the process easier. I would recommend getting a consultation with a lawyer, which is free or maybe $50 depending on the area and will give you a stronger understanding of the situation. I am not licensed to practice law in West Virginia, so take what I say with a grain of salt and a second opinion by someone who is would be a very good idea.


Title: Rich ppl doing blow

Question:
In movies and stuff, it’s basically a trope that rich bankers and lawyers in Manhattan do blow like it’s coffee

Given they are usually squeaky clean, ivy grads with prestigious professional jobs, and wealthy, what happens when they get busted ripping a line at a bar or club or something?

I’d imagine this happens all the time but I never see any stories about it.  Are courts more lenient on them? Or can expensive lawyers get charges dropped in exchange for rehab?

Answer:
 Have you actually ever spotted some squeaky clean ivy league lawyer "ripping a line at a bar or club?"  Consider that the things you see in "movies and stuff" might be exaggerated.

As for how it would play out, the person charged with drug use/possession would hire an expensive defense lawyer and go through the normal plea-bargain/trial like anybody else.  If you are convicted of a felony, some states would automatically disbar you.  Rehab could be on the table as part of probation, but I wouldn't assume that they get any special dispensation or leniency from the court (if anything, I would expect Judges to do the opposite and crack down on people actively making the profession look bad).