Montana Recent Legal Answers from Lawyers

When someone calls the police about a domestic violence incident, officers typically respond by interviewing both parties involved. They assess the situation to determine who was the physical aggressor, who hit whom or who put their hands on the other person and whether there is physical evidence of assault. Once they identify the aggressor, that individual is arrested for committing battery. The police don't simply issue a warning and leave. Even if the victim later chooses not to testify, the prosecution can still proceed based on the initial statement given to law enforcement. In many cases, that statement alone is enough to support charges.... Read More

To expedite an immigration petition or application is very difficult and the reasons do not include escaping the slow line of adjudications. To your other questions, USCIS decides the venue of the office that will adjudicate the I-130 petition. You cannot pick to have it transferred to the USCIS field office in Helena. What you can do, however, if your husband is not subject to a two-year home residence requirement by virtue of his J exchange visitor visa or inadmissible for any other reason, is to file the I-485 application at this time. By doing it in this way, your husband may be able to have the I-130 consolidated with the I-485 and either have the interview waived or have it held in Helena, if that is your residence. 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

For chefs, the H-1B visa is generally not a good choice as being a chef does not require a specialized degree. H-1B visas are given for specialized occupations requiring baccalaureate or higher related degrees in the occupational field. O-1 classification for extraordinary chefs is the more proper visa category. An option could be an organization sponsoring a cook or chef for permanent residence under a labor certification. For persons born in most countries of the world except China and India, the approximate time of such a case if everything goes well is approximately two years. I note that being sponsored for a labor certification alone does not entitle an individual to remain in the US during most of the time of processing. A further option may be changing status to go to school in the country under F-1 or M-1 status. 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

This is a common scam on the Internet.  There is no girl, there is no mother or father or detective -- only Internet fraudsters.   Do NOT send them any money.  They are trying to blackmail you, and you are the victim here - not some young girl who does not exist.   Block them and do not communicate with them in the future.   I have never heard of these fraudsters actually posting the pictures because 1) It takes time and makes them no money, and 2) It makes it too easy for them to get caught.  ... Read More

If you have a written contract and are due payment file a verified copy of the contract and evidence of whatever limited payment there has been with a notarized affidavit saying that all offsets (for room and board, etc.) have been taken. If you have no written contract, hire a civil litigator experienced in employment law to sue for payment "in quantum meruit," based on the services which you can prove you have rendered.... Read More

During the discovery process in civil litigation, each side has to provide all requested documents which are even arguably relevant to any issue involved in the lawsuit, unless that document is somehow privileged, for example an attorney-client communication.  When and iff this evidence is used at trial or in a motion, you can argue that it does not tell the true story for whatever reason, but you still have to produce it.  This would be provided for in the code of procedure for the court in which you are litigating, either the Montana code of civil procedure or hte federal code of civile procedure and numerous cases.  If you don't comply with your discovery oblgiations, you could be sanctioned by the court, including having judgment rendered against you.... Read More

I don't see anything in your explanation which would bar him from selling the vehicle.  Of course, he remains liable for payments, and if you had provided for a lien on the car in your contract of sale the buyer would take subject to the lien, but that doesn't mean that you wife's rnephew can't sell the car. ... Read More

Yes, I would suggest that you apply for Social Security Disability.  The process can be long.  Make sure to have all relevant medical documentation peratining to your son's medical history when you apply.   Sincerely, Attorney Scott F. Bocchio, Esq Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com  ... Read More

Based on what you have stated, it is plausible to use three small quotes with proper attribution in an endnote. These three small quotes come under copyright "fair use," which is a defense for copyright infringement. You are giving credit to the copyright owner, and the amount of copied quotes is minuscule to your total work. Yes, you can sell your work for profit while using three quotes with attribution from copyrighted content. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

If your ex-wife remarries and if the new husband files for sponsorship, you would still be on the hook if your ex-wife attained conditional residence through your sponsorship. On the other hand, if her case through you was denied, you would not be responsible as the I-864 is a contract between you and the government under which the obligation begins when your ex-wife received the benefit. 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

Your father has the right to decide whether to grant a Durable Power of Attorney or not.  Your father has the right to decide whether to write a Will or not.  If he dies without a Will, his estate will owe the unpaid federal income taxes and any other debts and must pay them before distributing anything, such as net proceeds from the sale of the house, to his heirs.... Read More

It is a complicated question, but based on your statement above, I would say yes, he owns the car, although he may have a very difficult time proving it in court.  You say that he owns the vehicle, but put it in your name because he didn't have a license (I was unaward that you needed a license to own a vehicle).  You don't say that he ever gave you the car, just titled his car in your name.  That could create problems for him with some third party who didn't know the facts (for example, if you sold the car to a person who knew none of this, that person would be a bona fide purchaser for value, and entitled to rely on the title) but. as between you and your ex, it is still his car.  You are in no way obligated to drive him around.... Read More

Sounds like you have a serious concern for your 7-year-old. Is there a court order currently pending or is there a custody order established by the courts? If there is or isn't a court order for custody, you can submit a petition for custody/visitation modification. If he agrees, you will save time and money, if not hire a lawyer and get this done right and fast before it escalates. Feel free to ask further questions. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More