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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 8 of lawyers' answers to legal questions.

is it a such thing as misdemeanor starting a fire

Answered 5 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 Answer
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 Answer
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 Answer
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 Answer
  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 Answer
  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 Answer
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 Answer

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

Answered 5 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 5 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 5 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 5 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 Answer
  While you still have time, you should consult an experienced Personal Injury attorney for guidance and advice before going any further. We all... Read Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 5 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 Answer

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

Answered 5 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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer
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 Answer

Will my husband be taken into custody?

Answered 5 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 Answer
To answer your direct quettion: Whether your husband will be taken into custody is speculative.  However, he should hire defense counsel in... Read Answer

Wrongful Death?

Answered 5 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 Answer
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 Answer
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 Answer
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 Answer

Not yet

Answered 5 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 Answer
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 Answer