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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 7 of lawyers' answers to legal questions.

Theft

Answered 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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Contact him and allow him to get his items. If he was residing with you - he may still be entitled to reside there unless or until he is legally or properly removed such as with an eviction. 
Contact him and allow him to get his items. If he was residing with you - he may still be entitled to reside there unless or until he is legally or... Read Answer

What do I do next?

Answered 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Libel, Slander and Defamation
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This is not a case most lawyers would consider, especially as a defamation case, unless it was UNDENIABLE that the allegations were completely fabricated. Just because you were found "not guilty" of a criminal charge does NOT equate to innocence nor does it avoid the "where there is smoke there is fire" aspect of public opinion in general. All you can do is simply keep contactoing lawyers until you find one that might be interested that you can afford to hire or that you satisfy yourself that its not a viable case to pursue. Understand however, that unlike a criminal trial, where you have 5th amendment privilege - you DO NOT generally have that in a civil trial postured as yours would be - which can be problematic if the defendants dig deep in to your past and internet history and might find unsavory issues or events. I point this out because people often fantacize that people being sued will not find out other details that might be embarrassing or humiliating and the scope of the civil discovery is often far greater than that in a criminal case. ... Read Answer
This is not a case most lawyers would consider, especially as a defamation case, unless it was UNDENIABLE that the allegations were completely... Read Answer

I have a civil case for Theft, Conversion, Civil Fraud, etc. For $50,000.00

Answered 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
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Just as a heads up - most competent and coherent lawyers will not take such cases on a contingent fee (get paid when and if you win) especially against an individual. The ability to collect on judgments is exceptionally low. Most lawyers have little interest in working for free. This is likely why the original lawyer declined to go further. ... Read Answer
Just as a heads up - most competent and coherent lawyers will not take such cases on a contingent fee (get paid when and if you win) especially... Read Answer
Hello. I'm sorry to hear of your husband's passing. Please reach out to discuss your case. It's unclear from your post if this is a wrongful death/injury case or otherwise.
Hello. I'm sorry to hear of your husband's passing. Please reach out to discuss your case. It's unclear from your post if this is a wrongful... Read Answer

Employement Based Green Card Question

Answered 5 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I assume that you are outside the United States under the AP. Just because a priority date becomes current does not mean that your case will automatically be reached for adjudication by USCIS. However, in the event that it is, the agency may approve the I-485 application while you are abroad, give another RFE, or if there are reasons for doing so, deny the I-485. In the event that you are returning under the advance parole and USCIS has approved your case but has not yet issued the card, you can show the advance parole and I-485 approval sheet to the immigration inspector at the port of entry. 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
I assume that you are outside the United States under the AP. Just because a priority date becomes current does not mean that your case will... Read Answer
From your facts, it appears that your spouse fell out of lawful status after you arrived in the US as an F-2 dependent prior to your spouse filing for asylum. Your nonimmigrant status was based upon your spouse, and you would also be considered out of status. USCIS will generally not approve a change of status application in your situation as you were already out of status prior to your spouse’s asylum filing. I am sorry that my answer cannot be more encouraging. 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
From your facts, it appears that your spouse fell out of lawful status after you arrived in the US as an F-2 dependent prior to your spouse filing... Read Answer
I am not aware of any formal process for Yemenis to overcome the current Trump administration ban on entry to nationals of the country. That being said, any exception would have to satisfy the criteria of urgent humanitarian need, no national interest concerns, and that the waiver would be in the public interest. Probably the best strategy for interview would be to gather up all documentation of the extreme hardship to your wife along with her sworn statement, produce anything that you may have that can show that you are not a security risk, and show any reasons for which it would be in the national interest to admit you to the country. You appear to be outside of Yemen from your facts, and any documentation showing that it is unsafe for you to be in that third country might also be helpful. The chances are likely not good, but best of 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
I am not aware of any formal process for Yemenis to overcome the current Trump administration ban on entry to nationals of the country. That being... Read Answer

would this be considered bad faith?

Answered 5 months ago by attorney Robert John Wagner, Esq.   |   1 Answer   |  Legal Topics: Divorce
There is no duty of good faith or "bad faith" with an opposing party if their lawyer, avoiding a default judgement is possible but you're going to need to file quickly and it may be possible to agree on a decree that provides the terms you are wanting.    It is very common to ask for sole custody but to submit a decree with Joint custody.  I'd recommend you meet with a lawyer in your area to protect your rights.... Read Answer
There is no duty of good faith or "bad faith" with an opposing party if their lawyer, avoiding a default judgement is possible but you're going to... Read Answer
If you fell in a store here in Florida and the fall was caused by the negligence of the premises owner, then you can file a claim for all your personal injury damages, lost wages, and pain and suffering.  
If you fell in a store here in Florida and the fall was caused by the negligence of the premises owner, then you can file a claim for all your... Read Answer
Yes, there is a possibility of that happening.  When hiring a good criminal defense attorney then he or she should be advocating for you so that does not happen which is not a guarantee.  However, you want to at least feel you have a better chance of no incarceration time when hiring private counsel.... Read Answer
Yes, there is a possibility of that happening.  When hiring a good criminal defense attorney then he or she should be advocating for you so that... Read Answer

What do I do help please

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Criminal Law
I am sorry this happened to you.  Often times, the pubkic defender offices are very overworked and are unable to adequately represent all of their clients.  It is an unfortunate fact these days.  You might want to consider hiring a good, experienced criminal defense lawyer who should be able to give your case the attention it deserves.... Read Answer
I am sorry this happened to you.  Often times, the pubkic defender offices are very overworked and are unable to adequately represent all of... Read Answer
 I am sorry this happened to you.  However, I do not understand your question.  Given the details you shared, you should consult with an experienced criminal defense attorney.
 I am sorry this happened to you.  However, I do not understand your question.  Given the details you shared, you should consult with... Read Answer
For such a serious matter, you should consider hiring experienced criminal defense counsel.  Being convicted of any sec crime can have long-term, if not lifetime, consequences.
For such a serious matter, you should consider hiring experienced criminal defense counsel.  Being convicted of any sec crime can have... Read Answer

How do I obtain a civil harassment restraining order?

Answered 5 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
You should hire an attorney experienced in Civil Harassment Restraining Order litigation.
You should hire an attorney experienced in Civil Harassment Restraining Order litigation.

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

Answered 5 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 5 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 5 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 Answer
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 Answer

Letters cease and desist or warning

Answered 5 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 Answer

Domestic violence

Answered 5 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 5 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 5 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 Answer
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 Answer

Public defender wants to take DUI to trial.

Answered 5 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.