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1 Answer | Asked in Criminal Law for Texas on
Q: I let my sister hold $10,000 of my cash in Texas. Her husband lent us his car and it was damaged can he take my money?

he took my money from my sister and refused to give it back because his car was damaged. Is that legal?

John Cucci Jr.
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answered on Apr 20, 2024

Not legal unless the deposit of the money was for the purpose of securing or insuring the car you borrowed. What he did is called conversion, and may be considered a felony theft. If he doesn't give the $ back, or try to make arrangements with you, then you should call the police to get your money.

1 Answer | Asked in Criminal Law, Tax Law and International Law for Illinois on
Q: What's the statute of limitations for smuggling a rug into the US from Iran, through the UK?

My parents declared an Iranian rug they bought in the UK sometime between 1990 to 1998. They declared it as Pakistani. I was there when it occurred during a European vacation to Paris and England. I think they still have the rug, and there is probably some documentation still out there about the... View More

James L. Arrasmith
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answered on Apr 20, 2024

In the United States, smuggling items into the country by falsifying their country of origin is considered a violation of customs laws. However, the exact statute of limitations on this can vary depending on specific details such as the nature of the goods and the perceived intent behind the... View More

1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for California on
Q: How to find out what doctors in reality are associated with hospice license?

Hospice fraud case. How to find out what doctors in reality are associated with hospice license?

What organization issues a hospice license?

James L. Arrasmith
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answered on Apr 20, 2024

To find out which doctors are actually associated with a hospice license, especially in cases related to potential fraud, you can start by consulting the California Department of Public Health (CDPH). This department oversees the licensing of hospice care providers in the state. The hospice... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happens on a failure to appear on child in danger ment

In the state of Arkansas

Tracy Tiernan
Tracy Tiernan
answered on Apr 20, 2024

Well, a failure to appear on pretty much any criminal case across-the-board will be treated pretty much the same. With a few exceptions, the court (the judge) will Issue a warrant for your failure to appear (FTA). You will then be subjected to being arrested.

If you have a legitimate...
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1 Answer | Asked in Criminal Law for California on
Q: does suspect have to file a motion in ca to get a copyof sworn statement of probable cause for the felony warrant served
James L. Arrasmith
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answered on Apr 19, 2024

In California, a suspect has the right to receive a copy of the probable cause statement that was used to obtain an arrest warrant. This is based on California Penal Code Section 1524.2, which states:

"(a) The documents and records of the court relating to the warrant need not be open...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Does S.I.S give police the right to search without permission?
Richard Lane Hughes
Richard Lane Hughes
answered on Apr 19, 2024

A suspended imposition of sentence (SIS) judgment does not, by itself, affect your 4th Amendment and Arkansas Constitutional Rights. However, this judgment of conviction is often accompanied by a waiver of rights by the defendant that may be made a condition of the SIS sentence. The same is true of... View More

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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