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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 5 of lawyers' answers to legal questions.

Is ok to spank a child naked with a belt? No marks are left.

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Child Abuse and Neglect
This quesiton is not one that can or should be answered here.  You should contact an experienced criminal defense lawyer to discuss this further.
This quesiton is not one that can or should be answered here.  You should contact an experienced criminal defense lawyer to discuss this further.

I need to sue

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
I am sorry this happened to you.  However, what is your question?
I am sorry this happened to you.  However, what is your question?

Can I sue my mom for emotional distress

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Personal Injury
This is a personal injury concern?  I do not understand how the alleged abuse may be criminal.
This is a personal injury concern?  I do not understand how the alleged abuse may be criminal.
That is speculative.  You would need to ensure you report the crime and possibly hire an attorney with the skill to try and advocate for you to get it back from whatever entity.
That is speculative.  You would need to ensure you report the crime and possibly hire an attorney with the skill to try and advocate for you to... Read More
It is unfortunate they engaged in this kind of behavior.  But what is your question?  I know that law enforcement in the metro-Sacramento area takes their jobs seriuosly if you make a police report.
It is unfortunate they engaged in this kind of behavior.  But what is your question?  I know that law enforcement in the metro-Sacramento... Read More

Letters cease and desist or warning

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Juvenile Law
Yes, I would be happy to consider, but would first need to meet with you to see if we would have a good attorney-client relationship.
Yes, I would be happy to consider, but would first need to meet with you to see if we would have a good attorney-client relationship.
It depends what happened.  To be fair, it is possible that the version of facts you have might not be what actually happened.  Regardless, a good criminal defense attorney experienced in juvenile defense should nbe consulted as soon as possible.  You son does have rights.
It depends what happened.  To be fair, it is possible that the version of facts you have might not be what actually happened.  Regardless,... Read More

Domestic violence

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
If you were properly served the subpoena then it is a valid court order you must comply with.
If you were properly served the subpoena then it is a valid court order you must comply with.

Can my husband br charged with child molestation?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Child Abuse and Neglect
Yes, it is illegal and should be reported to CPS and law enforcement.
Yes, it is illegal and should be reported to CPS and law enforcement.

What charges would be brought against individual?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: DUI/DWI
I am sorry that happened to you.  It sounds like you might be correct.  However, if you have a consultation with an experienced criminal defense litigator then I think it would give you more clarity as to what your options as a victim might be.  What the District Attorney’s Office decides to charge is up to a charging Deputy DA.  However, you can try and contact that DDA via the victim-witness section of the office.  You could also hire counsel to do it for you.  Do you have medical records of your injuries that required treatment?  You have options.... Read More
I am sorry that happened to you.  It sounds like you might be correct.  However, if you have a consultation with an experienced criminal... Read More

Public defender wants to take DUI to trial.

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: DUI/DWI
I am sorry this happened to you.  However, I do not understand your question.
I am sorry this happened to you.  However, I do not understand your question.

is it a such thing as misdemeanor starting a fire

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
I do not understand the purpose of your question.  Arson is defined by Penal Code section as a felony, but there can be exceptions that could make another such burning a misdemeanor.
I do not understand the purpose of your question.  Arson is defined by Penal Code section as a felony, but there can be exceptions that could... Read More
I am sorry this happened to you.  You did not provide enough details for me to be able to answer your question.  In such a circumstance, it is best to consult with an experienced criminal defense attorney whose opinion you trust.
I am sorry this happened to you.  You did not provide enough details for me to be able to answer your question.  In such a circumstance, it... Read More
Please accept my condolences on the passing of your husband. Unfortunately, in order to obtain help accessing his bank account, as well as dealing with any other issues that may need to be addressed as the result of his death, you will need to make direct contact with an attorney who works on probate matters. This forum does not allow attorneys to actually assist you, as it is not possible to gather the needed information and give actual advice. You need to find an attorney who handles probate matters, using the resources on this website, and contact that attorney's office to schedule a probate consultation. The only other option, depending on the county your husband lived in at his death, is that you may be able to get some assistance through a probate court clinic program. For example, both Fulton and DeKalb Counties offer a free, very short, consultation with a volunteer probate attorney (I believe the program is called the "Probate Information Center" in Fulton and the "Probate Information Clinic" in DeKalb, or something like that). You have to contact the court to make an appointment to get help through those programs, and they are not intended to provide comprehensive help, but they are designed to help people who don't have an attorney carry out discrete tasks and if the volunteer determines that ongoing assistance from an attorney is really needed, they will tell you. Best wishes to you.  ... Read More
Please accept my condolences on the passing of your husband. Unfortunately, in order to obtain help accessing his bank account, as well as dealing... Read More
  I am sorry to hear about your injury. Do not delay contacting an experienced attorney who can discuss with you in a private consultation. If this is not deemed a Workers' Compensation matter, a Personal Injury attorney can determine if there is a potentially viable liability claim. We all give free consultations and if we take the case, it would be on a contingent fee basis. Start this process with a free consultation. Better sooner rather than later. We cannot solicit you, so you will have to reach out.... Read More
  I am sorry to hear about your injury. Do not delay contacting an experienced attorney who can discuss with you in a private consultation. If... Read More
I am sorry you have been going through that, but in my experience such a claim cannot excuse your not appearing in court.  As to your proposal for payment, I think that is something you can address in a confidential setting.
I am sorry you have been going through that, but in my experience such a claim cannot excuse your not appearing in court.  As to your proposal... Read More

Wrongfuly put in jail for a something I didn't do

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
You should share this evidence with the lawyer representing you in court.
You should share this evidence with the lawyer representing you in court.

Can I revoke my page from guilty to not guilty

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
It depends how long ago it was and if your plea was knowing, voluntary and intelligent.
It depends how long ago it was and if your plea was knowing, voluntary and intelligent.

restraining order to stop ex boyfriend from contacting me?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
It would be speculative for me to state whether anything you would do would cause him to act in a certain way in response.
It would be speculative for me to state whether anything you would do would cause him to act in a certain way in response.

can i get a restraining order?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
Yes, you do.
Yes, you do.
You have to apply to the Court.  If you were represented by counsel then she or he should be able to handle that for you.
You have to apply to the Court.  If you were represented by counsel then she or he should be able to handle that for you.
What is an LO?  Without the benefit of reading his court or client-file the answer to your question is not a clear one at this time.
What is an LO?  Without the benefit of reading his court or client-file the answer to your question is not a clear one at this time.
  While you still have time, you should consult an experienced Personal Injury attorney for guidance and advice before going any further. We all give free consultations and if we take the case, it would be on a contingent fee basis. However, you will have to reach out, as attorneys are unable to directly solicit.... Read More
  While you still have time, you should consult an experienced Personal Injury attorney for guidance and advice before going any further. We all... Read More
Hi Mr. Hoover, It appears you are looking to help your friend consult with an attorney that is experienced with medical malpractice for the possibly negligent implementation of a device for urinary incontinence, like Interstim. Not all bad outcomes indicate that malpractice has occurred, as there are risks involved in these procedures, but the first step would be to have an experienced attorney take a look. It is likely in your friend's interest to get a plaintiff's attorney that does medical malpractice in the same state that your friend's surgery took place, and same city area if possible, because there is an advantage to being familiar with the judges and attorneys involved in the jurisdiction. It is likely that the state, like Arizona, will have a law requiring any complaint filed to be accompanied by an expert that has reviewed the case and opined that there was a breach in the standard of care required by doctors in performing the surgery and that such breach caused harm to your friend. Keep in mind that this also must be done within the statute of limitations, which in Arizona is generally two years, so it is important to start the process early. I would suggest making sure that the attorney involved is an experienced medical malpractice attorney, as this subspecialty of plaintiff's work has pitfalls that not all attorneys would likely handle as competently. I hope this helps.  ... Read More
Hi Mr. Hoover, It appears you are looking to help your friend consult with an attorney that is experienced with medical malpractice for the possibly... Read More
Based upon what you've indicated here, I think it's extremely likely you will be charged with possession of that cocaine. My guess is of the police indicated whether or not you would be charged.I would definitely recommend hiring attorney to be proactive and represent you in that matter hearing in the York area. The are some things that you can do proactively to get ahead of this that you really should be doing. T.L. Kearney, IV (717-668-8159 x1)... Read More
Based upon what you've indicated here, I think it's extremely likely you will be charged with possession of that cocaine. My guess is of the police... Read More