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1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for California on
Q: I was charged with a domestic violence and probation violation. when I got booked in to jail the inmates wanted2KillMe

The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More

James L. Arrasmith
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answered on Apr 18, 2024

I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.

It sounds like you need to get in touch...
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1 Answer | Asked in Criminal Law, Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Hospice vicarious liability for independent contractors

For hospice fraud by Hospice as General stock corporation (means CEO).

Hospice as corporation bears vicarious liability for independent contractors, as applicable.

James L. Arrasmith
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answered on Apr 18, 2024

In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:

1. Vicarious liability: This...
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1 Answer | Asked in Criminal Law for California on
Q: WHEN AND WHICH MOTION DO I FILE BEFORE PRELIMINARY HEARING FELONY CONTESTING VALIDITY OF WARRANT CALIFORNIA.
James L. Arrasmith
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answered on Apr 18, 2024

In California, if you want to contest the validity of a warrant before a preliminary hearing in a felony case, you would typically file a motion to quash the warrant under Penal Code section 1538.5(a)(1). This motion challenges the legal basis for the issuance of the warrant.

Here are the...
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1 Answer | Asked in Criminal Law for Louisiana on
Q: I am being charged for cruelty to juveniles, do I need a lawyer to represent me? Can I have the charges dropped?

Can I have my charge reduced?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2024

If you are charged with a crime in Louisiana, then you should have a lawyer represent you. While the State (prosecution) has the burden of proof, you need a lawyer to represent you to make sure your rights are protected and to make sure that the State (prosecuton) does not attempt to take... View More

1 Answer | Asked in Real Estate Law, Criminal Law, Civil Rights and Municipal Law for California on
Q: Can a new property owner trespass the homeless encampment on their newly bought property with a notice that is expired?

There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More

James L. Arrasmith
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answered on Apr 17, 2024

This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:

- The new property owner has the legal right to remove trespassers from their private property. Purchasing the...
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2 Answers | Asked in Criminal Law, Constitutional Law and Juvenile Law for Florida on
Q: In 1985 a 16 year old was questioned about a murder. Was his guardian supposed to be notified?
James L. Arrasmith
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answered on Apr 17, 2024

The requirement for police to notify a guardian when questioning a minor varies depending on the jurisdiction and specific circumstances. In the United States, the Supreme Court case Fare v. Michael C. (1979) held that juvenile suspects must be given Miranda warnings before questioning. However, it... View More

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1 Answer | Asked in Criminal Law for California on
Q: Car broke down and cops towed car while I was trying to get it started. I didn't get no citation.

What do I do. I feel violated or harassed. This is the 2nd time I get messed with for the same thing. I recently got another car taken away and wasn't allowed to get any of my belongings out of car. I also wasn't given citation.

James L. Arrasmith
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answered on Apr 17, 2024

I understand that having your car towed without receiving a citation can be frustrating and feel like a violation of your rights. However, it's important to understand that in California, law enforcement officers have the authority to tow vehicles under certain circumstances, even without... View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: How do I find out what a FtA was for?
James L. Arrasmith
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answered on Apr 17, 2024

In California, FTA typically stands for "Failure to Appear." This means that a person did not show up for a scheduled court date or hearing as required by law. To find out the specific reason for an FTA, you can take the following steps:

1. Contact the court clerk: Call the...
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1 Answer | Asked in Criminal Law, Elder Law and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

My advice is to contact the New York State Police and provide to them the toxicology report and other hard evidence while explaining that you are having difficulty with the local police and sheriff's dept.

The New York State Police may have received other similar reports regarding...
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1 Answer | Asked in Criminal Law for California on
Q: is counsel for defendant required to discuss cases currently in pretrial diversion when negotiating plea deal?

during pretrial hearing counsel did not consider effect pleading no contest has on other 2 cases currently in pretrial diversion.

James L. Arrasmith
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answered on Apr 17, 2024

In California, there is no explicit legal requirement for defense counsel to discuss cases currently in pretrial diversion when negotiating a plea deal. However, under the Sixth Amendment of the U.S. Constitution, a criminal defendant has the right to effective assistance of counsel. This means... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I be charged with assault even if I have an eyewitness saying the injury came from a slip and fall?

I have prior assault convictions

Sarah Gad
Sarah Gad
answered on Apr 17, 2024

You can be charged with assault if the police have probable cause to believe you assaulted the person. Probable cause is not very high standard. If the alleged victim had a visible injury and claimed that you were the attacker, that's pretty much all that is needed for probable cause to charge... View More

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2 Answers | Asked in Criminal Law for Minnesota on
Q: Can I be charged with assault even if I have an eyewitness saying the injury came from a slip and fall?

I have prior assault convictions

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 17, 2024

When a prosecutor files a criminal charge, they allege facts which if true, they believe would prove the crime charged. If there are not facts to support "probable cause" to believe a crime was committed by the defendant, the defense attorney may file a motion to dismiss for lack of... View More

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1 Answer | Asked in Criminal Law for California on
Q: My girlfriend was cohersed into reporting her car stolen. I got arrested and now she wants it dropped. Judge put a no co

Contact order and court date 5 weeks away any solution

James L. Arrasmith
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answered on Apr 17, 2024

I understand you are in a difficult situation. Here are a few thoughts...

1. If your girlfriend wants the charges dropped, she can inform the prosecutor of this. However, once charges are filed, it is up to the prosecutor whether to proceed or drop the case. The alleged victim's wishes...
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1 Answer | Asked in Criminal Law for California on
Q: Got arrested for taking vehicle without permission and and possession of stolen car. Got ORed but for some reason they m

A scramonitor even though alcohol has nothing to do with crime nnor have I ever had any alcohol related crimes want ankle free

James L. Arrasmith
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answered on Apr 17, 2024

I understand you are concerned about the conditions of your release after being arrested for vehicle theft in California. Here are a few key points about your situation:

1. Under California law (Penal Code 487(d)(1) PC), vehicle theft is a "wobbler" offense, meaning it can be...
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2 Answers | Asked in Criminal Law for California on
Q: Scram monitor forced when crime did not involve alcohol related stuff nor have I ever had any crime when alcohol involve
James L. Arrasmith
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answered on Apr 17, 2024

Based on the information you provided, it seems that you are concerned about the legality of being required to wear a SCRAM (Secure Continuous Remote Alcohol Monitor) device under California law, even though your crime did not involve alcohol and you have no prior alcohol-related offenses.... View More

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2 Answers | Asked in Criminal Law for California on
Q: Scram monitor forced when crime did not involve alcohol related stuff nor have I ever had any crime when alcohol involve
William S. Kroger
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answered on Apr 17, 2024

Sometimes, the Judges don't understand and order things we don't feel are required of our clients.

I would normally just tell my client, especially if they don't drink or do drugs, to leave it on because it will generate a good report to the judge when they go back. I also...
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1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: What is the penalty for first time willful concealment in NH
James L. Arrasmith
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answered on Apr 16, 2024

In New Hampshire, willful concealment (also known as shoplifting) is treated as a misdemeanor for a first offense if the value of the merchandise is under $1,000.

The potential penalties for a first-time willful concealment conviction in NH include:

- A fine of up to $1,200...
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Q: Does Title18, US Code 241 and 242 apply to States?

I had a trial when I was 16 years old in the State of Alabama in 1963 and I received no due process or equal protection under the United States Constitution as well as the State of Alabama Constitution of 1901.

James L. Arrasmith
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answered on Apr 16, 2024

Yes, Title 18, U.S. Code, Sections 241 and 242 do apply to states. These laws are part of the federal criminal code and are designed to protect individuals from violations of their constitutional rights by government officials, including those at the state level.

Section 241 prohibits...
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1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: Hello! My fiance is in jail right now and he waiting to be sent to North Carolina. He ran on his probation in June 2021.

With only 4 months to go without registering a change of address. I was told this happened before a few years ago. He only served maybe 60 or so days is what I'm told and the rest on probation til October of 2021 but

ran before he could. Could he be facing the same charges or could... View More

James L. Arrasmith
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answered on Apr 16, 2024

I understand that this is a challenging and stressful situation for you and your fiance. The consequences for violating probation by failing to register a change of address and fleeing can vary depending on the specific circumstances and the laws of the state where the original offense occurred.... View More

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