Iowa Recent Legal Answers from Lawyers

You need to discuss the details with your current attorney.  I cannot give legal advice on a case where an attorney is appointed or hired.  If you do not yet have an attorney, you need to get one immediately, as you have a suspended sentence that may be affected by your new charge.  Unfortunately there are too many factors for me to discuss online- contact your attorney.... Read More

If you are non-exempt, meaning you are not a manager and do not fall into one of the execptions to overtime, or if you are paid hourly, then the employer must pay you overtime in any week where you have worked over 40 hours.  Even if you had signed some agreement to the contrary, you cannot waive your rights to overtime.  You should consult with an attorney in your area to make sure you do not fall into one of the exceptions, and then request payment for your overtime rate,  penalities for failing to pay you overtime, and legal fees for having to take legal action to get what the law requires.... Read More

All relevant questions on form I-130 must be answered, and it is certainly a relevant question as to whether your friend received his green card through marriage.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

Children cannot divorce themselves from their parents.  You did not state what your age was.  Depending upon your age and circumstances you might be able to become emancipated and self sufficient.  If this is not the case, and the situation involves abuse, you can report the abuse to DHS and possibly get some relief.... Read More

If there is no court order, both parents are considered to have the legal rights to the child.  Thus, you could move with the child to Texas.  However, if the mother were to go to court immediately after the move, Iowa probably would be the state for determining custody based on federal law (where the child lived for the last 18 months or the longest period in the last 5 years).  This could inconvience you living in Texas with the child and you might want to get a court order prior to moving, especially if the mother hasn't shown recent interest (she might consider an agreement).... Read More

Unfortunately, a power of attorney has to be signed when the grantor is in a competent state of mind.  If he is in and out of saneness, he could sign when he is aware of the situation.  However, a power of attorney ends when the person dies. A guardian/conservator could be appointed involuntarily by the court.  This would allow the person to take care of the affairs once he/she is appointed by the court. It would appear that a will also needs to be considered.  If your father is aware of the extent of his property he may still be able to do a will.... Read More

Depending upon the case, several jurisdictions might be involved.  Contact the local police and discuss it with them.  Texas and Iowa might have interests in the case depending upon how the card was obtained.  Federal authorities might also have interest.  Contact you local authorities to report the case.... Read More

Dont call me,  I dont know IA law. But, you should call a local IA lawyer. One suggestion you may hear is to file charges against your bro. The other suggestion is that you need a lawyer to file a petition of appeal with the IA DMV and get this into court. Its a mess, you will need a lawyer.... Read More

The question is whether there were signs in the ultrasound or your exam that should have led to the conclusion that the baby was in danger. To know the answer to that question, an attorney would have to look at the medical records and possibly the ultrasound study and determine what the doctors are saying the cause of death was.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read More

You cannot present new evidence on appeal.  You can ask the district court though to enlarge the findings to ask whether the court considered and ruled on all the evidence in its ruling.   Appeals rule only on the court record- which is the court file, transcripts, and evidence.  The idea is that the appellate courts determine whether the lower court erred in its ruling.  If new evidence is provided to the appellate courts and was not ruled on by the lower court, the appellate courts cannot determine whether an error was made or not. So appellate courts cannot hear new evidence.... Read More