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Inheritance is generally characterized as separate property and as such is not subject to division upon divorce like marital property is. However, if the income generated from that asset increases your ex's income then that income should be included in his income and expense declarations in order to compute support payments like alimony and child support. ... Read Answer

Generally speaking when vehicles are used in the commission of a crime, the police tend to voucher/invoice/keep them for one of two reasons - 1) For arrest evidence or 2) For forfeiture.    When they keep the vehicle for arrest evidence, the District Attorney's Office puts a hold on the vehicle until they are able to investigate it - photograph it, ensure it was operable, etc. In this situation, people are often able to get their vehicles after submitting a demand for the return of property through the District Attorney's Office. With that being said, it can take some time waiting for the ADA to complete their investigation.    In the second scenario, the police attempt to forfeit the vehicle as the instrumentality of a crime. Basically what this means, is they attempt to keep the vehicle so they can they auction it off. This can often be fought and/or negotiated so the vehicle can be returned to you. In some circumstances (such as yours) there may be arguments that the driver is not the lawful owner of the vehicle. I hope this information is helpful. ... Read Answer

It seems strange that the police would specifically go to your apartment if the phone was not there. Typically in these cases, people activate the "find my phone" feature on their phone, which then shows them an approximate location of their phone. I suspect that's how the police may have ended up at your door.    In terms of potential criminal charges, stolen property can often result in a few different types of charges. If they have anything showing that you physically took the phone from the other person, you may be looking at either a petit or grand larceny, depending upon the value, or even something more serious if there is any indication that force was used. https://www.michaelschillinger.com/astoria-criminal/theft-lawyer/   Additionally, if they don't believe that you took it, but instead knew that it was stolen and kept the item, you could potentially be looking at a criminal possession of stolen property charge.   With all of that being said, the police would need some evidence to actually connect you to the crime. If they do not have probable cause, it is unlikely you will be arrested. Additionally, understand even if you are arrested, that does not necessarily mean that you will do jail time. Oftentimes criminal defense attorneys are able to resolve cases with negotiated pleas that don't involve jail time. Furthermore, in a worst case scenario there is always the option of fighting the case at trial. I hope this is helpful. ... Read Answer

Depending upon where you received your violation for a suspended registration, the courts handle the cases differently. Some courts will not resolve the case until you rectify the underlying suspended registration - if this is stemming from an overdue ezpass bill, this can often be difficult and costly to clear up. Oftentimes though, courts will be more willing to considser a resolution if you demonstrate efforts that you are clearing up the EZ Pass bill or setting up a payment plan. Once the suspended registration has been cleared, it's often possible to have the case reduced to a violation or even an adjournment in contemplation of dismissal, where the case is eventually dismissed and sealed. ... Read Answer

So employment in most states is at Will meaning you can be terminated for any reason or no reason as well as your privilege to separate for any reason or no reason from your employer. However, when it becomes illegal is when you are terminated based upon a civil rights violation. This would be for example like racial discrimination, gender discrimination, disability discrimination, color of skin discrimination, ethnic discrimination, religious discrimination, etc. If you feel that the motivating factor in your termination was due to a violation of your civil rights, then you should discuss your case with an employment lawyer for specific advice.     ... Read Answer

If you obtained your green card legally through marriage and disclosed that you entered the country illegally when you applied for your green card, that should not be an issue when you apply for your US citizenship unless USCIS or the US consulate made a mistake in approving your green card. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Your wife’s H-4 EAD is for open market employment, and she is not restricted in her job opportunities as long as they are not illegal. It should be made clear on the tax return whose income it is that is derived from the short-term rental since that work is not authorized for you. You can discuss that with your accountant. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Normally, we would say that this should not be a problem except that it has not been determined whether the Laken Riley Act which imposes mandatory detention on noncitizens for theft offenses is retroactive. Note that it only applies to individuals who entered the US illegally or through fraud or misrepresentation. If you entered legally through a visa or parole, the Act clearly does not apply to the petty larceny. If your mode of entry places you within the class of individuals who may be susceptible to the Act, it is our opinion as well as that of most attorneys that the Act is not retroactive. We note as you note, however, that these are restrictive times as per your recounting the story of the woman from Ireland and improbable things are happening under this Administration. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

We are happy to confirm that an individual in valid F-1 student status is legally in the country and not removable even if his or her TPS status is terminated. You must of course still qualify as a full-time student according to the regulations. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Hi Sean. You should retain an injury attorney on contingency fee, which means you pay nothing unless you win the case. Insurance companies do not take unrepresented parties seriously as you are finding out. If you need help finding an attorney in Oklahoma reach out to one of us privately, and we will help you find one. ... Read Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer