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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Get legal advice from a local lawyer. Ask a question or browse recently answered questions.
California has a "small estate affidavit" form that you fill out. 
California has a "small estate affidavit" form that you fill out. 

Can CPS take my newborn baby if I had past history of CPS case that is closed?

Answered a day ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
RB
This is incompetent English: "About my second new born for the reason about my past history with my first new born baby. Can CPS get involved they take my new born although I've been clean." It seems that what is most important to know is why the hospital made the referral to CPS. If you are abusing hard drugs, you should be sterilized and society should be complaining about you. If you aren't abusing hard drugs, the hospital may be overreacting to your drug history if not acting unlawfully. But, I can't tell that from your skeletal post.... Read More
This is incompetent English: "About my second new born for the reason about my past history with my first new born baby. Can CPS get involved they... Read More
This is an issue between you and your fiance to work out. Otherwise, trying to sue the future mother inlaw for removal from the apartment is likely to result in an EX-fiance and a lot of drama. That said, you need to review your lease with the fiance as most of them prohibit allowing others not on the lease to move in for any length of time and it creates a clear risk that the LL may sue all of you for eviction. ... Read More
This is an issue between you and your fiance to work out. Otherwise, trying to sue the future mother inlaw for removal from the apartment is likely... Read More
This is a serious issue for you to address with the lawyer handling your case, not random lawyers on the internet. Generally, anytime you perjure yourself in court, its a bad thing and needs to be addressed directly. 
This is a serious issue for you to address with the lawyer handling your case, not random lawyers on the internet. Generally, anytime you perjure... Read More

Can I sue if a roach was in my food I was eating

Answered a day ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics:
If it happened while at the restaurant and you reported it immediately, there is certainly a claim to be made, though litigation may or may not be appropriate, depending on the details. If this was claimed to be found with take out, you can try to make a claim, but in many instances they are sumarily denied unless you can prove the roach came from there. You can always call the health department and if thier inspection reveals roach issues, that might help your claim. ... Read More
If it happened while at the restaurant and you reported it immediately, there is certainly a claim to be made, though litigation may or may not be... Read More

What to do when landlord refuses to Install new AC?

Answered a day ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics:
This is all governed by the lease agreement and whether A/C is required as under Fla. Stat. 83.51, it is NOT required that A/C is provided. You will need to retain a tenant lawyer to intervene and likely seek termination of the tenancy so you can move elsewhere that has functioning A/C
This is all governed by the lease agreement and whether A/C is required as under Fla. Stat. 83.51, it is NOT required that A/C is provided. You will... Read More
You will need to retain a lawyer to intervene on this. You can try to sue for removal but the problem is the sister has equal right to you so thats not likely to be productive. You will either need to sue the sister for damages in the form of your share of market value rent or file an action for partition of the property. ... Read More
You will need to retain a lawyer to intervene on this. You can try to sue for removal but the problem is the sister has equal right to you so thats... Read More
What you are asking is a very high risk, low yield,  and exceptionally expensive legal issue, with mandamus or prohibition both being EXCEPTIONAL writs, not to mention that most legal precedent will be adverse to prohibiting the courts from hearing a lawful action because a defendant feels the case is unwarranted. That said, you also don't want to post comments in public if you are actively involved in a legal proceeding. Your best bet is to use Google to identify a number of lawyers that you think might be interested in the case and contact them directly to inquire about the details. Be prepared to pay a substantial retainer for such a case as a general rule. ... Read More
What you are asking is a very high risk, low yield,  and exceptionally expensive legal issue, with mandamus or prohibition both being... Read More

How can he get probation

Answered a day ago by attorney J. Allen Fiorletta   |   1 Answer   |  Legal Topics:
Probation is not in lieu of jail, or jail in lieu of probation. Oftentimes there will be a period of incarceration with a longer period of jail to keep the defendant under the supervision of the court. For your friends charge, a months-long period of jail followed by a lengthier period of probation is not uncommon. It might be possible to have the sentence modified, but no guarantees.... Read More
Probation is not in lieu of jail, or jail in lieu of probation. Oftentimes there will be a period of incarceration with a longer period of jail to... Read More
It all depends on the details and the LL position. This governed by Fla. Stat. 83.53. The bigger issue is what are the damage and whether its worth the expense to hire a tenant lawyer to intervene. As a general rule, when you borrow a property from an owner under a rental agreement, there will be multiple people that have access to your unit via a master or held key. One remedy is to install internal security cameras that would document any improper intrusion. ... Read More
It all depends on the details and the LL position. This governed by Fla. Stat. 83.53. The bigger issue is what are the damage and whether its worth... Read More
Not likely but this revolves around the terms of the rental agreement. That said, the property owner would typically be the one to raise issue with them not retrieving it. The property owner would be wise to retain a lawyer to try to leverage a pick up of the item under threat of  asserting storage charges and potential sale of the shed. ... Read More
Not likely but this revolves around the terms of the rental agreement. That said, the property owner would typically be the one to raise issue with... Read More
The Americans with Disabilities Act and the Family Medical Leave Act are two different federal laws. Remember that state laws have protection as well but you asked about federal laws. The Family Medical Leave Act provides up to 12 weeks of UNPAID leave per year under federal law. However, there are some situations where an employee requests accommodation (remember that you must be able to do your job with or without reasonable accommodations which do not require an undue burden on your employer) which might extend that 12-week period. But there are requirements. An employer does not need to keep a job open indefinitely. It has the right to know when your doctor reasonably expects you to return to work, for example, July 5, 2024. Employees should not expect employers to guess. Neither should employees expect employers to anticipate or know what type of accommodation an employee may need. The employee usually must ask. There are some limited exceptions such as when a mental illness prevents the employee from asking and an employer reasonably knows or should know that they need to initiate the interactive process for a potential reasonable accommodation. You do not say whether you were injured on the job. If so, you need a workers compensation lawyer immediately. You also do not say whether you are the rare employee with a union contract which might give you more protection. Instead of paying private counsel to review your collective agreement you should reach out to your union since you pay union dues. Similarly if you work for the government reach out to that union. Most employees have no private contracts to enforce. If none of the above apply and you did not request accommodation your employer may have no requirement to keep your job open. Employees are injured in car accidents and sometimes have illnesses or conditions which have nothing to do with being caused by the job. In many instances, not all, the employee still needs to perform essential job functions with or without reasonable accommodations. These are complicated matters. Those of us who practice strict employment law don't handle social security disability or workers compensation. Employment lawyers usually need clients who are ready, able and willing to work and keep searching for work after some discriminatory action. Not sure if yours involves discrimination because you provided limited facts. Consider all of the above and act accordingly. If you did not qualify for unemployment benefits that's another thing we look at. Most clients collect those benefits after a discriminatory action. Although there are some types of actions like unpaid overtime or improper classification of being exempt where employees may still recover. You need to start calling some lawyers based on some of the above suggestions. An employment lawyer might not be what you really need but with the facts you gave you should act quickly or risk missing a filing deadline. And filing without legal counsel of your choosing is often not a great idea. Many claims are dismissed unless there are facts to support some plausible theory of recovery. Good luck.  ... Read More
The Americans with Disabilities Act and the Family Medical Leave Act are two different federal laws. Remember that state laws have protection as well... Read More

Will unemployment benefits affect my husband’s petition?

Answered 2 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Unemployment benefits can count towards meeting the minimum level required. If your husband has legal permission to work, his income can also count towards the minimum needed for green card sponsorship. 
Unemployment benefits can count towards meeting the minimum level required. If your husband has legal permission to work, his income can also count... Read More
While I am unsure if a foreclosure complaint has been filed, or you have merely received pre foreclosure notices, you have several options: defend any foreclosure complaint to avoid a default judgment pursue a loan modification which may result in the loan payments being reduced and the arrears being deferred or forgiven in whole or in part a chapter 13 bankruptcy which affords you up to 60 months to repay the arrears on a monthly basis. I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More
While I am unsure if a foreclosure complaint has been filed, or you have merely received pre foreclosure notices, you have several options: defend... Read More
There is no law which requires employers to conduct investigations. However, it is good practice and makes sense to do so in order to prepare to defend whatever action the employer decides to take. Sometimes the Justice Center requests that employers conduct the initial investigation and provide its findings to the Justice Center. Cooperative employers do so but they can take whatever time they think they need to complete that investigation. This looks like a case where you need to retain legal counsel to defend you before the Justice Center. The Justice Center is no joke. They sometimes refer cases to a district attorney's office and work closely with law enforcement when they have to. Vulnerable citizens include minors, elders, and vulnerable persons with disabilities. All of those persons are very protected. If an allegation involves any of those types of persons then you will definitely want to retain legal counsel. Protected persons do not even have to testify at those hearings. The investigator can testify on behalf of the person they interviewed and they can introduce business records, sometimes medical records, and even police reports to support findings. Remember that these cases, unless they are accepted by the district attorney's office, are not criminal. But that does not mean that they are very, very serious. The burden of proof is much lower than for a criminal case so if the evidence is strong against an employee they could, depending on the severity of the allegation, be placed on an exclusion list after a certain number of points and be unable to work in the industry dealing with vulnerable persons. You need to retain defense counsel to examine all of the allegations, all of the evidence, and decide your best course of action. You may be waiting a very, very long time for resolution. Seek legal counsel now! This is not legal advice and there is no lawyer client relationship. These are just suggestions from a lawyer who has appeared before the Justice Center which is serious business.... Read More
There is no law which requires employers to conduct investigations. However, it is good practice and makes sense to do so in order to prepare to... Read More

Marriage

Answered 3 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Premarital Agreements
A US Citizen can sponsor his fiancé for a fiancé visa if you have physically met in person within 2 years of filing your case. If the fiancé is inside the US, she can adjust status to get her green card here after marriage. 
A US Citizen can sponsor his fiancé for a fiancé visa if you have physically met in person within 2 years of filing your case. If the... Read More
The only way to find an attorney is to contact several attorneys who handle this type of case.  You will then present the basic facts to the attorney's office.  You can expect these questions from the attorney: 1. The name of the health care provider. 2.  What you believe the health care provider did wrong. 3. What harm was done and what treatment is needed do to the malpractice.   Use this website to find an experienced malpractice attorney in the state where this occurred.   ... Read More
The only way to find an attorney is to contact several attorneys who handle this type of case.  You will then present the basic facts to the... Read More
It is not clear from this that the mentally ill person destroyed the property? If the property has some value, there is something to litigate. Without that there is no point. The right place to start is a PPO against the person. They need to stay off your property. If they own a home, you can sue and claim a lien against their property. If you property is still standing, keep it insured. Good luck... Read More
It is not clear from this that the mentally ill person destroyed the property? If the property has some value, there is something to litigate.... Read More

Return of firearms

Answered 6 days ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Criminal Law
As long as you have no prior felonies, your lawyer can Motion the court to return the firearms. If you do have any felonies, you won't win.
As long as you have no prior felonies, your lawyer can Motion the court to return the firearms. If you do have any felonies, you won't win.

Can two lawyers represent opposite parties

Answered 6 days ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics:
I would like to discuss this matter with you by phone   please contact me at 2 4 8 3 5 3 5 5 5 5    
I would like to discuss this matter with you by phone   please contact me at 2 4 8 3 5 3 5 5 5 5    
You can file a visa petition for your spouse whether or not she changes the name on her passport. She is allowed to use her new married name. Consider working with an immigration attorney. There are many forms and documents to file. Case processing could be delayed if mistakes are made. Some of us charge an affordable flat fee to handle the case from start to finish. ... Read More
You can file a visa petition for your spouse whether or not she changes the name on her passport. She is allowed to use her new married name.... Read More
PW
No one can give advice without knowing facts. Security wont bother you unless you bother them. what is the full story here?
No one can give advice without knowing facts. Security wont bother you unless you bother them. what is the full story here?
RR
You should have a claim for one or more of the following causes of action: (1) negligence; (2) fraud; (3) battery; (4) negligent or intentional infliction of emotional distress; (5) breach of contract; (6) defamation. Please see a lawyer as soon as practicable.
You should have a claim for one or more of the following causes of action: (1) negligence; (2) fraud; (3) battery; (4) negligent or intentional... Read More
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Immigration

Answered 8 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics:
Hi Thomas. We spoke a few weeks back about your fiancé adjustment of status case. I can handle the case from start to finish for $1,500 flat fee (no hidden costs) split up into two payments. ($750 down then $750 when the case is filed. Her medical exam in the Philippines will still be valid for a year from when her Doctor signed the form. Otherwise, she will need to retake. ... Read More
Hi Thomas. We spoke a few weeks back about your fiancé adjustment of status case. I can handle the case from start to finish for $1,500 flat... Read More