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If the only reason you are wearing an ankle monitor is because you were ordered to as a condition of bond, and then the case was dismissed, all bond conditions are no longer in force. Although I don't foresee how the judge would still have any authority over you if you were to cut off your monitor, why risk it? Call your attorney, bail bondsman, and/or bond officer and ask when you can get it off. It should be immediately, but why cause trouble for yourself if there is something you are not aware of and you cut it off prematurely? ... Read More

Good question. The issue is whether his right to a speedy trial has been violated. Your dad should consult his attorney about whether he wants to file a motion to dismiss for violation of his right to a speedy trial.  The seminal case on point is Barker v. Wingo. There are four main factors a judge looks at to determine if someone's right to a speedy trial has been violated. First is the amount of time that has passed. Typically 8 months is the minimum.  Second, has your dad requested a trial? Third, what is the cause of the delay? Is the State ready to proceed to trial? Has your dad wanted to go to trial? Fourth, what is the prejudice that your dad has suffered as a result of the very long delay? All four factors are important but no single factor is dispositive. Courts are hesitant to grant speedy trial motions, but if your dad has been prejudiced and the State has not been ready for trial, then it is definitely an avenue worth pursuing.... Read More

You Should Retain an Attorney on a Contingency Fee Basis. Hiring an attorney on contingency means you pay nothing unless you win. Insurance companies rarely take unrepresented claimants seriously because they routinely offer lowball settlements under the guise of fairness. Experienced attorneys know the true value of your case and can maximize your recovery by referring you to qualified physicians who will properly diagnose your injuries. Beyond case value, attorneys also negotiate your medical bills and liens. Many settlements are subject to subrogation claims from insurance carriers who paid your medical benefits. Unrepresented parties are often blindsided when their insurer calls post-settlement asking how much they recovered, unaware that a portion of that money may legally belong to the lien holder. In summary this is not a do-it-yourself project. Do yourself a favor and retain an attorney on contingency fee. If you cannot find one, then you can reach out privately to one of us for assistance finding one in your state. ... Read More

You may have a claim against the school based on a lack of supervision theory especially if the boy had a history of this violent type of behavior. If it’s a public school, you’ll likely need to file an administrative tort claim before initiating a lawsuit. If you’re unable to find a lawyer, feel free to reach out to one of us, we’ll do our best to help you find one.... Read More

If the structured settlement was set up with a guaranteed payment period or named a beneficiary, the remaining payments may go to the estate or whoever was designated. But if the payments were tied strictly to the child’s life, they usually stop when the child passes. It all comes down to the original contract, so reviewing that agreement is the key to knowing what happens next.    ... Read More

You need to report this to the correct insurance carrier. If your "mistake" was made because you do not have insurance coverage, you will need to hire a civil lawyer to defend the lawsuit at your expense. If you are being sued, the other side disagrees that there were no injuries or damages. ... Read More

Hi Susan,  You can pursue the claim directly with their insurance company. Visit this website and search the carrier by name or DOT number, once you find it, navigate to the insurance section and you will find the liability carrier info. https://safer.fmcsa.dot.gov/CompanySnapshot.aspx?utm_source=chatgpt.com Once you have the insurance info you can file a 3rd party property damage claim by submitting your repair estimate, video images and the email admitting fault.   Good luck with your claim!... Read More

There are a lot of resources concerning parking lot safety and traffic flow. Today, parking lot traffic flow is done by the numbers. Argo insurance company publishes a good deal of literature on parking lot design. I am pointing to that reference because they published their work in easy to read non-technical language what you. What you need to do is compare the local ordinances industry standards and actual design of the parking lot and you should be able to determine if the design feature that caused your difficulty meets the industry standards or local ordinances. Also, look into the American Association of State Highway and transportation officials they publish comprehensive design manuals for roadways and Facilities like parking lots focusing on safety geometric design and traffic flow. While you're at it you might also want to look into the federal highway administration they publish guidelines, best practices, and research reports on managing traffic flow including design consideration controlled access facilities. In my practice I've used all of these resources.  ... Read More

When someone calls the police about a domestic violence incident, officers typically respond by interviewing both parties involved. They assess the situation to determine who was the physical aggressor, who hit whom or who put their hands on the other person and whether there is physical evidence of assault. Once they identify the aggressor, that individual is arrested for committing battery. The police don't simply issue a warning and leave. Even if the victim later chooses not to testify, the prosecution can still proceed based on the initial statement given to law enforcement. In many cases, that statement alone is enough to support charges.... Read More

The answer to this may be in the wording of your divorce agreement. If the wording is silent about how to address this issue, and both of you are not able to come to an agreement as to the amount he would receive, it would have to be left up to the court to decide after making an application to the court on this issue. As a first step, I would suggest having your agreement reviewed by an experienced family law attorney to discuss the language, and what your options are.... Read More

Normally you have two years.  You should get an attorney on your case as soon as possible in order to preserve the evidence and be sure that you are getting the best health treatment that will help your legal case.  If you need help, I can put you in touch with my associate, who specializes in auto accidents and is who I think is the best auto accident attorney in Michigan.  Let me know if you want my help.... Read More

Yes, your mom may have a valid case if she can show the restaurant’s negligence caused her slip and fall. State law doesn’t impose strict liability for injuries on business premises—you must prove the restaurant knew or should have known about the dangerous condition and failed to fix it or warn customers. Evidence like surveillance footage, incident reports, or witness statements can help establish fault.     ... Read More

I am sorry that you are going through this.  You should first let the Deputy District Attorney prosecuting the case about your concerns because they sound quite understandable.  That being said, a validly issued subpoena -- if one was serve on you -- is a Court Order that requires compliance.  Unfortuately, police officers sometimes provide incorrect legal information or even cross the line into giving legal advice (which is a crime by the way).  It sounds like they mislead you to gain your cooperation?  You can also contact the Defense Attorney to let her or him know about this.  Finally, you can hire experienced counsel to represent you to address your serious concerns to your safety.... Read More

The chances that you will be prosecuted is speculative.  From what you shared -- and I am sorry you are going through this -- it sounds like the District Attorney does not care that the alleged victim is not showing up and under section 1108 of the Evidence Code, the DA might be trying to use that prior conduct against you in this case?  Actor Mel Gibson was convicted of DV despite his girlfriend/fiance not showing up to court in Orange County.  In the end, the answer to your question really depends upon what the judge does and what your lawyer does.  You might want to hire a lawyer you feel knows what s/he is doing and has your trust that you are being defended in the best way possible.  ... Read More

What do you mean by "first time domestic violence"?  Whether you need an attorney is only a decision that you can make.  There is no law that I am aware of that requires you to have one at this point in time.  However, if you want to increase the chance that you will not be prosecuted then you might want to consider interviewing experienced criminal defense attorneys who might be able to contact the District Attorney on your behalf to try and persuade the DA to not prosecute you ince the DA does have discretion to not file the case.  ... Read More

If you had a lawyer -- private or public defender/court-appointed-- then you may want to ask this also of that person who represented you.  Yes, it can happen, but that depends upon the County.  It is best you speak with an experienced attorney licensed in California so you get the best answer to your question.... Read More