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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 6 of lawyers' answers to legal questions.

I am a DV case victim . In police report there are some errors

Answered 4 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
You can hire counsel to communicate your clarifications and/or corrections to the District Attorney's Office.
You can hire counsel to communicate your clarifications and/or corrections to the District Attorney's Office.
He needs a visitor visa and you cant sponsor him for that. He needs to convince the US Consulate that he has enough money to finance his trip and finance his expenses while in the US, and that he will return once his visit is complete. Evidence to proove that would be a bank savings account with sufficient assets, proof of a job and/or proof of property ownership, payroll receipts from his job, a letter from his employer, etc. Evidence that he has a girlfriend in the US would probobally hurt his chances, but if they ask him if he has a girlfriend here, he must tell the truth. ... Read Answer
He needs a visitor visa and you cant sponsor him for that. He needs to convince the US Consulate that he has enough money to finance his trip and... Read Answer

an immigration issue

Answered 4 months ago by attorney Stephen Arnold Black   |   1 Answer
You should schedule a phone consultation with an immigration lawyer to discuss the facts and law relevant to your case. 
You should schedule a phone consultation with an immigration lawyer to discuss the facts and law relevant to your case. 
You can sue him in small claims court. Call the small claims court and get the paperwork forms to complete. If the amount is over the jurisdictional maximum, you can sue in small claims court up to that limit or if you want to sue for more, you will have to sue in county court.   ... Read Answer
You can sue him in small claims court. Call the small claims court and get the paperwork forms to complete. If the amount is over the jurisdictional... Read Answer

Should I file TN extension amidst pending I-485, and are there risks?

Answered 4 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Good question. I am of the opinion that this can be done, but there is of course the issue that you are applying for an extension of a visa status under which you are supposed to still be maintaining nonimmigrant intent. There is a good possibility that USCIS will flag you and the company on the issue, and the company would have to give a response. But in the meantime, you would have extended work authorization by having timely filed a TN extension with USCIS. Hopefully, your EAD is approved prior to your expiration so that you do not have to make a choice of either doing the extension or stopping work for a period of time. I do not believe that this would adversely affect the I-485 as long as the adjudicator is reasonable. Good luck. 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
Good question. I am of the opinion that this can be done, but there is of course the issue that you are applying for an extension of a visa status... Read Answer
With the Trump administration heavily vetting entries into the country, trouble-free travel is not guaranteed for anyone except US citizens – and even they are rumored to have difficulties sometimes with DHS. If you are a nonimmigrant, you can be denied entry on discretionary grounds. If a green card holder, you could be kept at the port of entry or even placed in detention while Customs and Border Protection officers look over your records. We do not encourage unnecessary travel at this time, especially for nonimmigrants, but also for immigrants with checkered criminal histories. 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
With the Trump administration heavily vetting entries into the country, trouble-free travel is not guaranteed for anyone except US citizens –... Read Answer
The fact the Bangladesh is on the list of 75 countries for which immigrant visas cannot be issued does not mean that a case cannot be processed up to the interview stage. In a normal case, processing takes approximately 1 ½-2 years before reaching the interview stage. So your son could file the I-130 petition for alien relative, and assuming that it is approved, his wife can begin the consular process in which your financial support will be relevant. Hopefully, by the time that her case reaches the interview stage, the travel ban will no longer be in existence. If it is, she and your son would have to look at any way under which it could be waived. 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
The fact the Bangladesh is on the list of 75 countries for which immigrant visas cannot be issued does not mean that a case cannot be processed up to... Read Answer
If your fiancé entered the United States with a visa, then even if she is out of status, you can sponsor her for a green card after marriage if you are a US citizen. You should consider working with an attorney. Some of us charge a very affordable flat fee for start to finish representation.    ... Read Answer
If your fiancé entered the United States with a visa, then even if she is out of status, you can sponsor her for a green card after marriage... Read Answer
I practice DUI law in York PA. But anywhere in the state of Pennsylvania, if you miss a court date you have to turn yourself in to address the bench warrant that gets issued as a result of missing the court date. This should be done with a DUI attorney that is experienced.
I practice DUI law in York PA. But anywhere in the state of Pennsylvania, if you miss a court date you have to turn yourself in to address the bench... Read Answer

Should u sue daycare /school for my son being injured

Answered 4 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
I believe that there is a good case here in light of the fact that there was probably lack of supervision that would constitute the negligence on behalf of the school district. This would be a claim against a governmental, entity and short statutes and time periods must be complied to preserve a claim. Additionally, if the case is successful, and a recovery is obtained, it must be approved by the court, and placed into an annuity for the benefit of your child until he reaches the age of 18 years old. You should retain an attorney on contingency fee, which means you pay nothing unless you win. If you need help finding an attorney in your state, one of us on this platform would be glad to assist you at no charge.... Read Answer
I believe that there is a good case here in light of the fact that there was probably lack of supervision that would constitute the negligence on... Read Answer

Can one divorce someone with dementia

Answered 4 months ago by attorney Karen A. Leiser   |   1 Answer   |  Legal Topics: Divorce
The answer is yes, you can divorce someone with dementia.  The way we do this is to have a Guardian ad Litem appointed to protect your husband's interests.  It's the same process we use all the time with spouses who are incarcerated and therefore also legally incapacitated.  The GAL is another lawyer who is appointed by the court and will do what they believe is in your husband's best interest (not necessarily what he says he wants - like lawyers representing clients are required to do).  This does not mean they can stop the divorce; you will still be able to divorce him.  It might just take a little longer than usual, since the GAL needs an opportunity to look into the situation.  You woudl be responsible for paying for the GAL as well as your own lawyer.  One complication may be who is going to manage your husband's share of any marital funds or assets and these would probably need to be set up in trust for him.  You may need to seek guardianship and conservatorship, if you have not already, which you may have been able to get away without, being his spouse, but probably not as an ex-spouse.  As you can see there are going to be many layers complicating this.  Many people simply date before they are officially divorced and while adultery is technically still a crime in Virginia it is almost never prosecuted.  So while I would not be able to advise you to break the law I can tell you that in this instance it would definitley be the easier path.  I'm pretty sure God and any other judges would understand. ... Read Answer
The answer is yes, you can divorce someone with dementia.  The way we do this is to have a Guardian ad Litem appointed to protect your husband's... Read Answer
Because the deed lists the owners as tenants in common rather than joint tenants with right of survivorship, your mother’s 50% interest does not automatically transfer to the surviving coโ€‘owner. At her death, her share must go through Florida probate, and title will pass to the beneficiary named in her will—or, if she had no will, to her heirs under Florida’s intestate succession laws. To move forward with any sale of the property, you’ll need a Florida probate attorney to handle the administration and transfer of her 50% interest. ... Read Answer
Because the deed lists the owners as tenants in common rather than joint tenants with right of survivorship, your mother’s 50% interest does... Read Answer
Contact the attorney General's office in your state and they have lawyers that will begin child support collection efforts.  
Contact the attorney General's office in your state and they have lawyers that will begin child support collection efforts.  

WHAT TO DO NOW

Answered 4 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Dog Bites
If you have homeowners or renters insurance, turn the matter over to them for a legal defense. 
If you have homeowners or renters insurance, turn the matter over to them for a legal defense. 
You should photograph the area where you fell before it’s repaired or altered. Try to take the pictures at roughly the same time of day so the lighting conditions match. You should also consult an attorney in your jurisdiction who handles these cases on a contingencyโ€‘fee basis, meaning you pay nothing unless there is a recovery. If you’d like, you can contact one of us and we can help connect you with a contingencyโ€‘fee attorney at no cost.     ... Read Answer
You should photograph the area where you fell before it’s repaired or altered. Try to take the pictures at roughly the same time of day so the... Read Answer
Where did your Grandfather live when he passed away? 
Where did your Grandfather live when he passed away? 
Unfortunately, there isn't enough information to formulate an opinion. 
Unfortunately, there isn't enough information to formulate an opinion. 

Do I have any recourse against my Resort Management

Answered 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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None. All pets means what it says. Not "all pets unless your pet doesnt like being restrained or the owner doesn't want to." If you cat is treated as a "feral cat" and you let it "roam" it is subject to being picked up by animal control and destroyed. The idea of "clipped ear" is a procedure performed by a vet that IDs the cat as having been spayed and fully vaccinated, so that AC might not pick it up for population control. If your cat is "roaming" unrestrained and uncollered- it IS in fact a feral cat to others who have no idea about your cat, regardless of whether you like the designation. Your other remedy is to move elsewhere, get rid of the cat or risk being fined and sued for violation of the community rules. ... Read Answer
None. All pets means what it says. Not "all pets unless your pet doesnt like being restrained or the owner doesn't want to." If you cat is treated as... Read Answer

can I sue for my prepaid rent and security deposit

Answered 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Possibly. You will have to find the estate for the person you contracted with that died. That is who seems to owe you the money as they are the ones that collected it. 
Possibly. You will have to find the estate for the person you contracted with that died. That is who seems to owe you the money as they are the ones... Read Answer
Yes you have a case. You should retain counsel on contingency fee in your state which means you pay nothing unless you win. If you need a referral for counsel in your state, reach out to one of us on this platform and we would be glad to help. 
Yes you have a case. You should retain counsel on contingency fee in your state which means you pay nothing unless you win. If you need a referral... Read Answer

why can't I find a lawyer to help me with a civil case

Answered 4 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
If this happened in a home you own, it’s generally difficult to bring a negligent security claim against a third party like a landlord or property manager. Those cases require proof that the property owner knew the crime was foreseeable and failed to take reasonable security steps, a theory that usually doesn’t apply to a singleโ€‘family home you control. Your main civil claim is typically against the perpetrators, or any third party who may be legally responsible for them through an employer employee or similar agency relationship. This platform doesn’t allow attorney solicitation, but you’re free to review the profiles of the lawyers who answer here and contact one of us prto see whether your situation supports a viable civil case under Florida law.... Read Answer
If this happened in a home you own, it’s generally difficult to bring a negligent security claim against a third party like a landlord or... Read Answer

What kind of lawyer do I need

Answered 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
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Unfortunately, none of what you described is the responsibility of the funeral home. If you were separated  and not readily available- this is one of the issues that arise that you will simply have to contend with. If you expect to address any of the issues in probate as the widowed spouse, you will likely need to retain a probate lawyer to address that ASAP. Especially if "the family" is not excited about any claims you might make to an estate if you were estranged. ... Read Answer
Unfortunately, none of what you described is the responsibility of the funeral home. If you were separated  and not readily available- this is... Read Answer

What to do when youโ€™ve been displaced from hurricane damage for 16 months

Answered 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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I assume you mean 2024 not 1924. That said you have no right to interact with contractors for the board. You need to spend the money to retain an associations lawyer if the board is not fixing common areas not responding to owner inquires.
I assume you mean 2024 not 1924. That said you have no right to interact with contractors for the board. You need to spend the money to retain an... Read Answer

What charge do you get for cashing a check in jail

Answered 4 months ago by attorney T.L. Kearney IV   |   1 Answer   |  Legal Topics: Criminal Law
The way that you described this, it doesn't seem like he did anything illegal. Is he not allowed to deposit a check into his own bank account when he's on work release? Was some of that money supposed to go to the work release program?
The way that you described this, it doesn't seem like he did anything illegal. Is he not allowed to deposit a check into his own bank account when... Read Answer
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This is a law enforcement issue first and foremost. I would file a complaint with local law enforcement. If they refuse to get involved, it would typically be because there are other facts you left out that complicate your claims. 
This is a law enforcement issue first and foremost. I would file a complaint with local law enforcement. If they refuse to get involved, it would... Read Answer