Or can I say I wasn't home?
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answered on Jan 18, 2024
In California, as a person on probation, there are specific conditions you need to adhere to, which often include allowing your probation officer to conduct home visits. If your probation officer knocks on your door legally, typically, you are required to allow them access. This is usually a part... View More 
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answered on Jan 16, 2024
In California, merely living at your residence with an outstanding misdemeanor warrant does not in itself constitute felony fleeing. A felony charge for fleeing or evading law enforcement typically requires an active effort to avoid arrest, such as fleeing from police or actively hiding to evade... View More
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answered on Jan 16, 2024
In California, simply having a misdemeanor warrant for missing a court date does not automatically lead to a charge of felony fleeing to avoid prosecution. A misdemeanor warrant typically signifies that you need to appear in court for a specific issue. Failing to appear results in a warrant for... View More
Would it become a felony fleeing to avoid prosecution and cause SSI to be suspended?
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answered on Jan 16, 2024
In your situation, simply residing at your home with a misdemeanor bench warrant for trespassing on railroad property would not typically be classified as "hiding" in the legal sense. "Hiding" usually implies taking active steps to avoid detection by law enforcement, which is... View More
Mother doesn't want them in her house. Can I take possession?
There are 5 handguns. Purchased before 1990, so most likely pre registration mandates. Wouldn't be surpised if they are all not registered.
Family friend who is a police officer has taken posesssion and... View More
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answered on Jan 14, 2024
Based on the details provided, here are a few key considerations for transferring those firearms in California:
- Since your father passed away over a year ago, you cannot directly inherit the guns or add them to a parent/child family trust. Those processes require the parent to be alive.... View More
I have been contacted it's a copy of my criminal history who do you contact for legal action for this
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answered on Jan 14, 2024
If your mail, including a copy of your criminal history, is being withheld, it's essential to address this promptly. In California, intentionally withholding someone's mail is against the law.
Firstly, contact the United States Postal Service (USPS). They have a system for... View More
My father lived in San Bernardino, his caretaker had a POA for about 6 months before his death. Two weeks before my father's death she had him sign over a joint tenancy on his house. My father's death was declared dementia/Alzheimer's. After his death, she withdrew $365,000 from his... View More
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answered on Jan 13, 2024
Under California law, you can request a criminal case to be reviewed or reopened. If you believe the initial investigation was not thorough or if new evidence has emerged, you can contact the San Bernardino Police Department or the District Attorney's office to discuss the case and request a... View More
I'm from California being electronically monitored, followed and harrassed by neighbors, community and relatives.
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answered on Jan 10, 2024
If you believe you are being unlawfully monitored and harassed in California, there are several legal avenues you can explore. Firstly, consider filing a police report, especially if you have evidence of stalking or harassment. California law takes such matters seriously, and law enforcement can... View More
I owe $575,000.00 for restitution on a mail fraud case. My mother removed me as beneficiary in her Living Trust to any real estate property. Upon her death I am now only allowed to live in one of her rental properties for the rest of my life, rent free.
All real estate property will be... View More
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answered on Jan 3, 2024
Serving as a trustee of a living trust while owing federal restitution can be legally complex and might put the trust's assets at risk under certain circumstances. Your debt from restitution could potentially expose the trust to claims by creditors, depending on various factors including how... View More
5 U.S.C. Rule 552 b(6) exception is about privacy. How come it could be relevant if relator/plaintiff in legal action requests findings/facts in respect of relator/plaintiff's info?
Government does not guard hospital's privacy when hospital owns identifiable medical info of... View More
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answered on Jan 1, 2024
In the context of a Freedom of Information Act (FOIA) request, the 5 U.S.C. Rule 552 b(6) privacy exception can be pertinent even when a relator or plaintiff is seeking information about themselves, particularly in cases involving medical records or other sensitive personal information. This... View More
Please reference specific FOIA statutes, and regulations, procedure to request OIG/CMS facts/findings in FCA federal lawsuit - whether government 1. Chooses to intervene 2. Chooses not to intervene
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answered on Jan 1, 2024
In a Federal False Claims Act (FCA) lawsuit, obtaining information from the Office of Inspector General (OIG) or the Centers for Medicare & Medicaid Services (CMS) can be pivotal. Under the Freedom of Information Act (FOIA), you have the right to request such documents. To start, submit a FOIA... View More
Unidentified person, somehow affiliated with a hospital, ordered fraudulent referral for patient to hospice upon discharge. A hospital contractor was provided medical information to document referral. I
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answered on Dec 30, 2023
In situations where a fraudulent referral for a patient to hospice upon discharge is ordered by someone affiliated with a hospital, and a hospital contractor, without the patient's knowledge, accesses their medical information for this referral, it raises significant legal concerns under the... View More
Hospital is liable for healthcare fraud, including false claims - according to federal and state laws. The hospital disclosed that service providers are independent contractors. Is hospital liable to fraud/false claims made by hospital service providers/independent contractors - according to... View More
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answered on Dec 29, 2023
Under federal law, specifically the False Claims Act (31 U.S.C. §§ 3729 - 3733), a hospital can be held liable for fraudulent claims submitted to government healthcare programs, even if those claims are made by independent contractors working for the hospital. The key factor is whether the... View More
EX: Dealing in firearms without a license within the meaning of Chapter 44, Title 18, Section 922(a)(1)(A).
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answered on Dec 29, 2023
Yes, ATF charges, such as dealing in firearms without a license, can be contested in court. In any criminal case, including those involving federal firearms violations, you have the right to mount a defense. This can involve challenging the evidence against you, the manner in which it was... View More
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice... View More
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answered on Dec 24, 2023
In your federal case, you have the flexibility to amend your complaint before the opposing party responds or within 21 days after serving it, according to Federal Rule of Civil Procedure 15(a)(1). If this timeframe has elapsed, then you'll need the court's permission to amend.... View More
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice... View More
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answered on Dec 24, 2023
In a federal case, you have the option to amend your complaint before the opposing party files a responsive pleading, or within 21 days after serving it, as per Federal Rule of Civil Procedure 15(a)(1). If this period has passed, you'll need to seek the court's permission to amend.... View More
Can defendant in federal legal case appear before defendant was served with complaint?
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answered on Dec 24, 2023
In federal legal cases, the usual procedure requires the defendant to be served with a complaint before making an appearance in court. However, there are circumstances where a defendant might choose to appear before being formally served. This is often done to expedite the process or to demonstrate... View More
For medicare false claims in California: what could be statutes of limitations according to Federal vs State law?
Should case be filed under seal at Federal court?
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answered on Dec 24, 2023
Under Federal law, the statute of limitations for filing a claim under the False Claims Act (FCA) related to Medicare fraud is generally six years from the date of the violation. However, there is a provision that can extend this period to ten years if the government can prove that it was not aware... View More
I have a downstairs neighbor who's been harassing, invading privacy and recording me and following me to family members houses and invading their privacy and trespassing. They have been monitoring me since August the property management claims that no one's lives below me and the next day... View More
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answered on Dec 1, 2023
If you believe you are being illegally investigated or harassed, there are several steps you can take. First, document everything. Keep a detailed record of incidents, including dates, times, and descriptions of the harassment or surveillance. This documentation can be crucial if legal action is... View More
Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such... View More
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answered on Nov 27, 2023
Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate... View More
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