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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 6 of lawyers' answers to legal questions.
What do you mean by "if".  Is the situation you are describing what happened to him?  He should consult with his lawyer.  If he does ot have one or wants to get a second opinion then hiring an attorney admitted to practice in that Federal District is an important first step.
What do you mean by "if".  Is the situation you are describing what happened to him?  He should consult with his lawyer.  If he does... Read More
This is a police misconduct or personal injury matter, not a criminal one
This is a police misconduct or personal injury matter, not a criminal one

How much time am I looking at with 2 strikes in ca? Can bail be reduced?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
It is significant and to get a more precise number you should hire experienced defense counsel as soon as possible because this is a serious criminal felony case that can have some long term if not lifelong consequences.  
It is significant and to get a more precise number you should hire experienced defense counsel as soon as possible because this is a serious criminal... Read More

I have had a restraining order filed against me under false accusations.

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
The short answer is you can't without hiring experienced counsel to represent you.  Of course, if you represent yourself, there is a chance you can do it, but it also comes with the risk that you may make it worse or not help yourself in the way you would prefer.  Experienced counsel in restraining order cases should be able to advise you.  As to "clearing your name", I am unclear what you mean by that.  ... Read More
The short answer is you can't without hiring experienced counsel to represent you.  Of course, if you represent yourself, there is a chance you... Read More
I am sorry this happened to you.  But it sounds like you are making good progress in complying with the Court's terms of the sentence.  However, your question is not clear.  
I am sorry this happened to you.  But it sounds like you are making good progress in complying with the Court's terms of the sentence. ... Read More
The investigating officer will be following an outline and/or a script.  So, he or she can advise you how it will go.  Unfortunately, even an experienced criminal defense lawyer cannot tell you what to expect at this point.  If you need more information then of course you should consider consulting with you for guidance.... Read More
The investigating officer will be following an outline and/or a script.  So, he or she can advise you how it will go.  Unfortunately, even... Read More
Yes, you should hire a lawyer first to try and get the warrant recalled.  Some courts will require you to show up with your lawyer, but a first step is to hire a good one you trust.  It sounds like that may not be an option because you are homeless?  Hope this works out for you.... Read More
Yes, you should hire a lawyer first to try and get the warrant recalled.  Some courts will require you to show up with your lawyer, but a first... Read More

Will my husband be taken into custody?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
To answer your direct quettion: Whether your husband will be taken into custody is speculative.  However, he should hire defense counsel in order to try and avoid his being arrested at a time that is inconvenient for him.  An experienced criminal defense lawyer can guide him on his options to address his concerns in this matter.    Cases of exchanges becoming criminal cases are on the rise.  Therefore, your concern is a justified one.  No, you do not want to go to the Sheriff without hiring a good criminal defense lawyer first.  If he will be taken into custody then it could be after he meets with the detective or before.  Whether he will be cited and released is speculation.  A good lawyer can clarify this for you. ... Read More
To answer your direct quettion: Whether your husband will be taken into custody is speculative.  However, he should hire defense counsel in... Read More

Wrongful Death?

Answered 3 months ago by attorney Dan Buck   |   2 Answers   |  Legal Topics: Wrongful Death
I am so incredibly sorry for your loss. As both a Massachusetts lawyer and lifelong resident, I firmly believe that no one should ever have to experience something as devastating as losing a loved one—let alone under circumstances that were preventable. Please know that your question is both understandable and completely appropriate. When a family is faced with a tragedy like this, it’s important to get clear, honest guidance about what your rights may be. The short answer is yes — you very likely have legal recourse to pursue a wrongful death claim against the restaurant and potentially others involved. When a death certificate indicates homicide and attributes the cause to the actions of the restaurant’s employees, it raises serious concerns about: Negligence, Failure to supervise or train employees, Failure to provide a safe environment, or Direct wrongful acts of employees for whom the company may be legally responsible. Under wrongful death law, an employer can be held liable when its employees, acting in the course of their employment, engage in conduct that causes someone’s death—whether through intentional actions or negligent behavior. Additionally, restaurants and other businesses have a legal duty to provide a reasonably safe environment for customers and to take preventive measures when there is a foreseeable risk of harm. Your family has the right to seek: Accountability, Answers, and Financial compensation for the harms and losses this tragedy has caused, including loss of companionship, emotional suffering, funeral expenses, and the economic impact of losing your husband. What matters most right now is that you don’t have to navigate this alone. A wrongful death investigation should begin immediately, because evidence—videos, witness statements, internal reports—can disappear or be lost over time. An attorney can help protect that evidence and make sure the truth is uncovered. If you’d like, I can help you understand what the next steps normally look like, what types of claims may apply, and how families are typically supported during cases like this. And if all you need in this moment is a compassionate ear, I’m here for that too. Again, I am deeply sorry for what you’re going through. If you'd like to chat about this in more detail, please feel free to reach out to me. ... Read More
I am so incredibly sorry for your loss. As both a Massachusetts lawyer and lifelong resident, I firmly believe that no one should ever have to... Read More
An attorney licensed to practice in Georgia can practice anywhere in Georgia, yes. That said, for estate planning, the attorney will usually want to meet with your mother in person to have her sign her new documents, even if not also for the planning part of the engagement, and if your mother has to drive from Columbus to Atlanta to meet with her attorney she may not be happy. Also, if you think you would want to use the same attorney for help with an eventual probate, then having an attorney closer to Columbus might be helpful, as not all Atlanta attorneys will take on probate matters anywhere in the state. There are good estate planning attorneys in and around the Columbus area. Your mother may be better off using one of them. Best wishes to both of you.... Read More
An attorney licensed to practice in Georgia can practice anywhere in Georgia, yes. That said, for estate planning, the attorney will usually want to... Read More

Not yet

Answered 3 months ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: Criminal Law
If you have been charged you are required to report this to Probation under standard probation conditions, and they will ultimately find it anyway. Get ahead of it and you should definitely have represenation from an attorney if you are charged. If you are not charged, and may never be charged, then don't out yourself to your PO. T.L. Kearney, IV (Ph: 717-668-8159   Email: TL@TLKearneyLaw.com) ... Read More
If you have been charged you are required to report this to Probation under standard probation conditions, and they will ultimately find it anyway.... Read More
Have you been criminally charged with the conduct of stealing/Theft For this second time that you've done it?
Have you been criminally charged with the conduct of stealing/Theft For this second time that you've done it?
You need to contact a SSDI lawyer or one that does government program entitlement protection
You need to contact a SSDI lawyer or one that does government program entitlement protection
You may want to consider contacting a civil rights lawyer in your area or in the area where the gathering occurred.
You may want to consider contacting a civil rights lawyer in your area or in the area where the gathering occurred.
Yes you can still sue.  Whether it is worthwhile will depend on his injury and the long lasting effect.  You should speak to an attorney to have your case analyzed. I have an associate who is probably the best slip and fall attorney in Michigan, who I can set you up with, or you can find a different attorney on your own.... Read More
Yes you can still sue.  Whether it is worthwhile will depend on his injury and the long lasting effect.  You should speak to an attorney to... Read More
You can protect an app by protecting the Usert interface by copyright. The concept by patent, if eligible, and the code by copyright. Additionally, if you use a brand on your website, the brand may be protected by Trademark Registration, if it is eligible. Your relationship with the gentleman in Pakistan is determined by your contractual/business relationship.  Please le me know if you have any questions. Best regards, Alan M. Sack SACK IP Law p.c. Alan.Sack@SACK-IP.com... Read More
You can protect an app by protecting the Usert interface by copyright. The concept by patent, if eligible, and the code by copyright. Additionally,... Read More
If your mother left the house to you (and only you) in her will, you should be able to re-title the house in your name. Once you do that, you should have no problems working with a realtor to sell the property because it will officially and legally belong to you. However, I recommend communicating with the reverse mortgage lender (secured creditor on the house) to discuss your plan to sell the home and pay them off. They may allow you to just assume the terms, but you will definitely still have to pay that debt off.... Read More
If your mother left the house to you (and only you) in her will, you should be able to re-title the house in your name. Once you do that, you should... Read More

Is this a case? I need desperate help

Answered 3 months ago by attorney Stephen Arnold Black   |   2 Answers   |  Legal Topics: Personal Injury
You should consult with a personal injury attorney here in Florida to review all the facts of your case and explore the possibility of representation on a contingency fee basis. A contingency fee means you pay nothing unless you win. Even though video evidence does not exist, you can still pursue a claim that the other party was at fault for your injuries. Please note that lawyers on this platform are prohibited from soliciting cases, so you would need to research our backgrounds and reach out directly.     ... Read More
You should consult with a personal injury attorney here in Florida to review all the facts of your case and explore the possibility of representation... Read More
She needs to retain a family law attorney, file for divorce, and request an emergency hearing for a temporary support order pending adjudication.
She needs to retain a family law attorney, file for divorce, and request an emergency hearing for a temporary support order pending adjudication.
Hello.  I am sorry to hear of your bad experiences.  Yes, we can help you.  We are very experienced in estate litigation.  There are various causes of action in addition to fraud and elder abuse which can aid your case.  Please reach out to me and we can discuss the details of your matter.   Jeff Czech.  Czech & Howell, APC jeff@czechandhowell.com... Read More
Hello.  I am sorry to hear of your bad experiences.  Yes, we can help you.  We are very experienced in estate litigation.  There... Read More

Claim out of country bank account

Answered 4 months ago by attorney Stephen Arnold Black   |   1 Answer
This email has all of the classic signs of a scam. You can follow up with it, but if they ask you to deposit any money prior to getting any settlement, you can almost guarantee this is a scam.      
This email has all of the classic signs of a scam. You can follow up with it, but if they ask you to deposit any money prior to getting any... Read More
When a H-1B applicant for consular processing applies for and receives the H-1B visa, he or she is making an assertion that he or she will be returning to the US to work for that particular employer. It may be deemed visa fraud or misrepresentation if you return to begin working with another employer immediately when you reenter the US. A suggestion is to return and work with the sponsoring employer for a period of time before attempting to switch over to another organization. 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 More
When a H-1B applicant for consular processing applies for and receives the H-1B visa, he or she is making an assertion that he or she will be... Read More

CSPA - applicability

Answered 4 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
It would appear that the child is protected under the CSPA as his age was “frozen” at the time that the priority date became current which would appear from your set of facts to have been in September 2022. He also sought to acquire his immigrant status by his having filed the I-485 application in the same month. Alternate options would not appear to be necessary. 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 More
It would appear that the child is protected under the CSPA as his age was “frozen” at the time that the priority date became current... Read More

H1B revocation, Multiple filing, Seeking advice

Answered 4 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Without knowing the circumstances of the revocations of the two H-1B petitions, one cannot give assurances that they will not affect a future green card process through your husband. However, the fact that you were allowed a change of status back to F-2 is encouraging as it means that USCIS took a look at your situation and found that in its discretion, it would allow you to resume your former nonimmigrant status. If you are truly concerned about the revocations, you may wish to obtain copies of all paperwork and request the opinion of an immigration lawyer familiar with nonimmigrant work petitions.  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 More
Without knowing the circumstances of the revocations of the two H-1B petitions, one cannot give assurances that they will not affect a future green... Read More
In coming to the US, you are making a representation that you are a temporary visitor. Bringing your US citizen child with you may raise doubts on whether you have the requisite nonimmigrant intent. Under the Trump administration, inspections at airports by CBP are becoming more rigorous, and there is the chance of being turned away. A number of individuals have also been detained for days and weeks. A US citizen minor child does not afford any protection against removal. Assuming that you are married to the US citizen, you can be sponsored even if you are overseas. At the end of the process, you would apply for an immigrant visa after interview at the American Consulate or Embassy, a process which is taking approximately two years. USCIS and the consular officer will look at the circumstances of your marriage to ensure that you still both intend to engage in a life together. 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 More
In coming to the US, you are making a representation that you are a temporary visitor. Bringing your US citizen child with you may raise doubts on... Read More