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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 16 of lawyers' answers to legal questions.

agency NCA

Answered 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You simply ask for a conflict check before disucussing the case in detail. 
You simply ask for a conflict check before disucussing the case in detail. 
Yes, you can generally request to expedite your request through USCIS website as well as through a phone call. As the USCIS reviews such requests through case-by-case basis and generally require supporting documentation, acquiring legal representation is integral to ensure this complex situation remains rectified. (The answer given here is general and based on the general facts regarding the question. As a result, the answer does not comprehensively capture your holistic situation and does not constitute legal advice. Please remember it is always best to speak with a qualified attorney regarding the comprehensive nature of your question. As every case is unique, we encourage you to contact mc@barduccilaw.com to speak with a qualified, esteemed, and strategic attorney.)... Read More
Yes, you can generally request to expedite your request through USCIS website as well as through a phone call. As the USCIS reviews such requests... Read More

To stay in the us

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
A U.S. citizen may petition for a sibling to obtain a green card; however, the wait time for this category is approximately 14 years due to visa backlogs. If you’ve been in the United States for 40 years without lawful status, you likely would not qualify for adjustment of status—even if your priority date becomes current—because eligibility requires that the beneficiary has not accrued unlawful presence. Based on this, it appears there may not be a viable path to lawful permanent residency through a sibling petition.     ... Read More
A U.S. citizen may petition for a sibling to obtain a green card; however, the wait time for this category is approximately 14 years due to visa... Read More
I would not go back. It sounds like you were given a Criminal Trespass Warning (CTW). These warnings are usually indefinite, meaning you can never go back to that location (or possibly all locations of that store depending on what the CTW says. Sometimes the warnings only last a year or two, but the police typically give you a piece of paper stating the location, the date and time of the CTW, and how long it lasts.  If you were given a CTW and the police catch you on the premises again, you could be arrested for a class b misdemeanor of Criminal Trespass. It is not worth the risk, whether you are shopping legitimately or not, you are not allowed to be there. I would shop somewhere else.  ... Read More
I would not go back. It sounds like you were given a Criminal Trespass Warning (CTW). These warnings are usually indefinite, meaning you can never go... Read More
I'm sorry to hear about your pregnant wife. I hope you were able to bond her out of jail immediately. Simply driving a stolen car is not a crime in and of itself. The State must prove either that she stole the car, or that she knew she did not have the owner's permission to drive teh car. The two most common charges I see from what you described are Theft of Property and Unauthorized Use of a Motor Vehicle. In order to prove theft, the State has to show that your wife took the car without permission, not simply that she was found after the theft driving the car. You will have to look at when the car was stolen compared to when she was found driving the car. Was there any evidence she took the car? Also, the degree misdemeanor or felony it will be depends on the value of the car. If the car has a fair market value of $2,500 to $30,000, then it will be a state jail felony. If it cost more than that, then it will be increased to a third degree felony. If the car is cheap and doesn't cost more than $2,500, then it would only be a misdemeanor theft. More likely than not, the State would charge her with Unauthorized Use of a Motor Vehicle. This is a state jail felony where the State has to prove that your wife KNEW she did not have the owner's consent to drive the car. These cases are very case specific. What she said to the police will be very important. Who owns the car? When was the car stolen? How did she obtain the keys to the car? Is there any evidence the ignition was tampered with? These and similar questions must be answered to see if the State can prove beyond a reasonable doubt that she knew she did not have permission to drive the car. If the State cannot prove she did not know she did not have permission, it is possible to get the case No Billed by the grand jury. Best of luck!... Read More
I'm sorry to hear about your pregnant wife. I hope you were able to bond her out of jail immediately. Simply driving a stolen car is not a crime in... Read More

Property damage caused by a neighbor

Answered 9 months ago by Jack Mevorach (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
What was damaged? Jack
What was damaged? Jack

International Divorce

Answered 9 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Divorce
Your wife does not have to sign or agree to a divorce in order for you to obtain one.  You have a legal right to terminate the marriage.  I can provide you with a consultation and help you if you would like to go forward.  Feel free to give me a call.
Your wife does not have to sign or agree to a divorce in order for you to obtain one.  You have a legal right to terminate the marriage.  I... Read More

Do we need a attorney for a living will?

Answered 9 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Estate Planning
It is highly recommended that you have an attorney prepare a living will and discuss all estate planning with you.  Our office can provide you with complete estate planning and solid advice for a reasonable flat fee that will be worth every penny.  Please feel free to contact me if you have any questions.... Read More
It is highly recommended that you have an attorney prepare a living will and discuss all estate planning with you.  Our office can provide you... Read More
Good morning Patty, I am sorry to hear of your continuing struggles arising from your work injury. Please feel free to give me a call and we can discuss the specifics of your case. My phone number is 724-772-2444. Thanks, Peter Pietrandrea
Good morning Patty, I am sorry to hear of your continuing struggles arising from your work injury. Please feel free to give me a call and we can... Read More
Depending upon how a house it titled, a judgment for money owed many not be a lien on your home. If it becomes a lien, you do not have to sell. The bank just wants to be paid if you do eventually sell or refinance you home, or if you pass away. The more important issue is that you need to see a consumer bankruptcy attorney ASAP to determine your options, both bankruptcy and non bankruptcy. Either filing bankruptcy BEFORE a judgment is entered, or working out some type of resolution can prevent a "general unsecured debt" like a credit card from turning into a "secured debt". DO NOT WAIT! YOU ARE NOT "REQUIRED" TO FILE BANKRUPTCY JUST BY HAVING THE CONSULTATION. Get you advice from an experienced, NC licensed attorney. Financial hardship is NOT a legal defense. No state court Judge or arbitrator can force the bank to settle or offer you a payment plan that you can afford. All they do is decide if you owe the Bank for the debt and if so, how much. The only Judge who can do that is a bankruptcy judge. ... Read More
Depending upon how a house it titled, a judgment for money owed many not be a lien on your home. If it becomes a lien, you do not have to sell. The... Read More

Home gift tax in Texas

Answered 9 months ago by attorney Mr. E. Rhett Buck   |   1 Answer   |  Legal Topics: Taxation
There probably would be no gift tax, even though a return would be required, as the current exemption amont is about 3.9 million. However, when you sell the house, there may be substantial capital gains tax as your cost basis is what your father paid for the house. If you inherited the house you would get a cost basis of the fair market value at the date of his death. You might want to consider a transfer on death deed, and/or a homestead qualifying trust.... Read More
There probably would be no gift tax, even though a return would be required, as the current exemption amont is about 3.9 million. However, when you... Read More
Yes, you can sue someone for child support no matter what their marital status.  The parent has an obligation to provide support to the child.  Feel free to contact me if you would like to discuss your matter further.
Yes, you can sue someone for child support no matter what their marital status.  The parent has an obligation to provide support to the... Read More
To determine which documents you’ve filed with USCIS, you may submit a Freedom of Information Act (FOIA) request. However, it’s often wise to retain an experienced immigration attorney to handle your case from start to finish, minimizing the risk of errors. Many of us offer affordable flat fees and can represent clients in any U.S. state — or even abroad — since immigration law is federal.  ... Read More
To determine which documents you’ve filed with USCIS, you may submit a Freedom of Information Act (FOIA) request. However, it’s often... Read More
If there are changed circumstance sicne the last order was made, which is sounds like as there are now disagreements, you need to request a modification of child custody and/or child visitation.  The filing will trigger most courts to send you to mediation.
If there are changed circumstance sicne the last order was made, which is sounds like as there are now disagreements, you need to request a... Read More

Statute of limitation of dental malpractice

Answered 9 months ago by attorney Bryan Scott Owens   |   1 Answer
I do not understand your question.  It sounds like you need to follow-up and schedule an appointment.
I do not understand your question.  It sounds like you need to follow-up and schedule an appointment.
If you do not have legal custody over your child you have no right to be enrolling them in schooling without an order saying so.  You are welcome to file a request for order with the court and attempt to make your point concerning schools, but it will likely be in your ex's discretion.... Read More
If you do not have legal custody over your child you have no right to be enrolling them in schooling without an order saying so.  You are... Read More
I do not see a question here, but if your car was involved in an accident because you car was lawfully parked, you are entitled to compensation.
I do not see a question here, but if your car was involved in an accident because you car was lawfully parked, you are entitled to compensation.

Neighbor's grape plant

Answered 9 months ago by attorney Thomas Weiss   |   1 Answer
Your neighbor's grape plants are encroaching onto your property.  You can bring a legal action to require your neighbor to remove the encroachment, seek a permanent injunction and damages.  Should you wish to proceed, we can help.  Prior to commencing suit, we can send a letter asking her to remove the encroachment.... Read More
Your neighbor's grape plants are encroaching onto your property.  You can bring a legal action to require your neighbor to remove the... Read More
I’m sorry you’ve been treated this way. To pursue a malpractice claim, everything starts with documentation. Request your complete medical records from the hospital and EMS provider in writing. They’re required to give them to you. Once you have the records, schedule an appointment with an independent neurologist or spinal specialist to evaluate the pain you describe. Their exam and imaging can confirm whether the original care fell below the accepted standard and caused lasting harm. If that evaluation supports what you’ve experienced, bring the records and new findings to a medical malpractice attorney as soon as possible. In the meantime, you can also consider filing a written complaint with the hospital’s patient advocate office. Taking these steps will create a clear paper trail, help safeguard your health going forward, and provide a malpractice lawyer with the necessary information to assess your claim.... Read More
I’m sorry you’ve been treated this way. To pursue a malpractice claim, everything starts with documentation. Request your complete... Read More

I need help with personal injury

Answered 9 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
If you just had superficial injuries, no lawyer will be interested in taking your case. However, if you have a meaningful injury that has long-term damage consequences, then you should consult with an attorney to take your case on a contingency fee basis, which means you pay nothing unless you win.... Read More
If you just had superficial injuries, no lawyer will be interested in taking your case. However, if you have a meaningful injury that has long-term... Read More

I was supposed to get certain items from my girlfriend

Answered 9 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Child Custody
Do you have a court order?  If so, it should set forth the mechanism for you to get your stuff out.  If not, you should seek a police escort.  If that does not work, you will need to obtain an order from the court.
Do you have a court order?  If so, it should set forth the mechanism for you to get your stuff out.  If not, you should seek a police... Read More

Purchase agreement

Answered 9 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Real Estate
Good morning,   If you are purchasing in New York CIty, Nassau or Suffolk, we can help.  We offer a flat rate and a seamless process from soup to nuts and we will guid you every step of the way.  Please call me if I can be of further assistance.
Good morning,   If you are purchasing in New York CIty, Nassau or Suffolk, we can help.  We offer a flat rate and a seamless process from... Read More

Car accident /slip and fall

Answered 9 months ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Personal Injury
I'm truly sorry to hear about your mother's injuries. Situations involving negligence can be complicated, and I know how important it is to find the right guidance. Due to the rules of this website, attorneys cannot directly solicit cases, but you're welcome to research our backgrounds and reach out to one of us.  ... Read More
I'm truly sorry to hear about your mother's injuries. Situations involving negligence can be complicated, and I know how important it is to find the... Read More
Dear Sir or Madam - Your post doesn't give nearly enough information about your matter for a New York City Wrongful Termination Attorney to determine whether you may have a viable claim against your ex-employer for wrongful termination or for anything else.  See generally my recent article entitled Do I Have A Claim For Wrongful Termination Against My Employer In Manhattan? < https://www.davidrichlaw.com/do-i-have-a-claim-for-wrongful-termination-against-my-employer-in-manhattan/ >.  Instead, today, you should call an adept New York City Wrongful Termination Lawyer to schedule an initial consultation about your matter.... Read More
Dear Sir or Madam - Your post doesn't give nearly enough information about your matter for a New York City Wrongful Termination Attorney to determine... Read More

will

Answered 9 months ago by attorney Thomas Weiss   |   1 Answer   |  Legal Topics: Estate Planning
It is always advisable to have a lawyer review your estate planning and advise you accordingly, including with respect to any modifications.  Wills can be invalidated or contested if they are not prepared properly.  It is better to pay an attorney to do it right the first time.  ... Read More
It is always advisable to have a lawyer review your estate planning and advise you accordingly, including with respect to any modifications. ... Read More