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Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for Alabama on
Q: As my unjustly TPR without due process hearing was in session the judge was chowing down thoughts?
Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

I don't see it but I suggest you contact Legal Aid, ask to talk to someone in the administrative law , By the way, explain what TPR is. I don't think it's "total physical response."

many times benefits judges can't leave the bench so the Judge may have to eat...
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1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Nebraska on
Q: Please help the state has temp custody of my 4 kids all based off of lies how do I prove myself immediately

the state dept of cps in Nebraska is wrong for removing my children based off of a lie which I can prove it to be such with many forms of proof. Please help im helpless my kids are suffering if facts were revealed they had no reason for removal upon several.otjer issues at hand

Julie Fowler
Julie Fowler answered on Jun 18, 2021

When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Tennessee on
Q: So I am a tannate at a local apartment complex and we are getting fined and asked to take down patriotic flags. Thought?

Can they do this? this is the terms of the lease

"1. No signs, notices or advertisements shall be attached to or displayed by Lessee(s) on or about said premises.

2. Nothing shall be placed or kept on the outer sill or on the outside of any window and nothing shall be thrown... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

File a protest, and also notify the press, the American legion and the Tennessee Civil Liberties Union.

If enough press is thrown on this, could make them back down.

Note however patriotic would be the American Flag. Signs promoting one candidate or belittling another are not in...
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1 Answer | Asked in Business Law, Civil Litigation and Gov & Administrative Law for Arkansas on
Q: what to do when the hearing officer makes false statements in the FINDING OF FACTS.

I have all the proof that he/she stated false facts. I also have the audio recording .

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

You make an appeal. You may think all facts are absolute. But often what we think are "facts" are either a combination of facts and the conclusions we draw from them--and conclusions are always subject to argument.

Even judges have been known to make errors as to what the...
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1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: How is 25-106 enforced if a local government is in violation?
Scott Scherr
Scott Scherr answered on Jun 16, 2021

Your question is too broad since you do not give any details. Are you speaking about the duty to maintain traffic signals? It can be a defense to a citation if the traffic signal was defective or not properly placed.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Washington on
Q: Hello, it is Illegal to file an appeal with the State, if you have concrete evidence that you should have...

never even Filed one in the first place? Would this be considered a fraudulent appeal?

Thanks

Charles William Michaels
Charles William Michaels answered on Jun 15, 2021

I don't have the required information to answer this question. An "appeal with the State"? And "concrete evidence that you should never even filed one in the first place"? The question makes no sense to me. And I don't know any procedure for a "fraudulent... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Gov & Administrative Law for Texas on
Q: Yes I want to know if a court can require. Me to take drug test while on bond before I am convicted of any crime
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 15, 2021

Yes, the court has wide discretion when setting the conditions of bond. Anything related to your attendance at court or the safety of the community is fair game. If your case does not involve drugs and you don't have any history of drug use then you could ask your attorney about the... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Indiana on
Q: My husband has federal court coming up and on the court docket it has Plaintiff: USA Defendant: (a different name.

It has my husbands co-defendant)

My question is why is that like that?

Matthew Williams
Matthew Williams answered on Jun 14, 2021

It really depends where on the docket you are looking, but case captions are generally limited to one name. So you'll often see USA v. John Doe, et al. The et al. stands for everyone else. Some cases have lots of defendants and it would make things awfully cumbersome if they all had to be... Read more »

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Maryland on
Q: If I have a misdemeanor conviction in Maryland will my record follow me to another state?
Mark Oakley
Mark Oakley answered on Jun 6, 2021

Yes. All criminal offenses are entered into an FBI nationwide database. It’s what is consulted for criminal background checks. All law enforcement agencies nationwide are required to put criminal charges and case dispositions into the database. The only way to remove a record is if the charge... Read more »

1 Answer | Asked in Gov & Administrative Law for Georgia on
Q: Can the BOD Majority Members vote to cancel a properly called meeting by a Minority Member who wants to discuss a topic?

I am 1 of 5 Board of Directors and the VP for a Georgia Condo HOA. Our Bylaws allow for me as VP to call a Special Meeting w 2 Day notice. The president scheduled the meeting and then the president quickly cancelled the meeting stating that the majority of members decided they didn’t want to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 2, 2021

You need to check if the bylaws refer to other sources such as Roberts Rules (and which edition).

The power of the President will be spelled out in the charter or bylaws, You need to read both. If all are bound and determined not to, I respectfully suggest that forcing them to have a...
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1 Answer | Asked in Civil Litigation, Family Law, Civil Rights and Gov & Administrative Law for Illinois on
Q: What part of the law would I find Bias Judgement, Colleagues, and what to do when case involves a Circuit Clerk employee

I have a custody case were the sister works for the Circuit Clerks office. Her and the girlfriend came up with a well calculated plan to make my character out to be a low life junkie so my ex could gain custody. They have gone as far as emailing where I live stating I deal drugs out of my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

your efforts are better spent working on your custody issues. Arrange a visitiation eval with a social worker, etc. but you need an attorney. d.i.y. is getting you nowhere. Trying to tell a judge the system is biased doesn't get an unrepresented person anywhere. You need an attorney to build a... Read more »

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Criminal Law for South Carolina on
Q: A convicted felon have a saw off shotgun and kill a man with the saw off shotgun what are the state charges
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on May 30, 2021

Hello,

The likely charges are as follows:

Murder;

Possession of a Weapon during the Commission of a Violent Crime.

1 Answer | Asked in Gov & Administrative Law and Immigration Law for Illinois on
Q: Can I renew my license with an N400 letter for an interview when I do not have my green card? (Illinois)

Background: Due to miscommunication, we lost our green card and have had to appear in court numerous times (we thought the renewal then was denied, turns out we just didn't get it) until in 2019 when a judge ruled that we are permanent residents. Our lawyer then advised us (to which the judge... Read more »

Agnes Jury
Agnes Jury answered on May 27, 2021

This is a question for the Secretary of State (DMV) as they set the requirements for documents needed to renew DL. Best wishes!

1 Answer | Asked in Business Law, Civil Rights, Gov & Administrative Law and Internet Law for California on
Q: Can the president of an HOA prevent a board member from engaging residents on social media? Which law supports this?

I found some protections for members of legislative bodies in the Gov code (Chapter 9. Meetings [54952.2], but those pertain to public entities and our HOA is a private nonprofit corporation.... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 27, 2021

The 1st Amendment of the U.S. Constitution protects the freedom of speech. It is also protected by the California Constitution in Article 1, section 2 which states: "SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the... Read more »

Q: Can I refuse a PCR test for “COVID” before surgery? The test cannot detect infectious disease and there is class action

The hospital is trying to force me to get a PCR test before a surgery. There is currently a class action lawsuit being filed by Dr. for Crimes Against Humanity as the maker of this test Kary said it cannot detect infectious disease. I do not consent and I need surgery. There is no law that people... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

A hospital isn't obligated to operate on anyone who doesn't follow their protocols. You can ask for a different hospital but none of them are required to abide by your concerns. You have no Constitutional Right that forces anyone to give you medical treatment, especially under your terms.... Read more »

1 Answer | Asked in Contracts and Gov & Administrative Law for Tennessee on
Q: If I financed my car in January but still haven't received my plates do I have any recourse for the dealership?

It's been 5 months. I think the law only allows for 3 months. I've called the dealer every month and still no tags.

Anthony M. Avery
Anthony M. Avery answered on May 25, 2021

You may have to sue the dealer for breach of contract. The dealer may not have owned the car in the first place. You probably cannot apply for the lost title either. If a used car dealer, you may be able to make a claim with the State Regulatory Agency against their Bond.

2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: I am a federal government employee. I am being forced to wear a mask because I will not get the COVID-19 "vaccination"

Wearing the cloth masks required do not prevent the COVID-19 virus from being breathed in. What legal grounds justify I wear something that does not protect me

Neil Pedersen
Neil Pedersen answered on May 18, 2021

As an employee you must comply with the dress code and uniform requirements of your employer. If the your employer required you to wear foil hats to prevent alien intrusion into your brain, you wear the aluminum hat. That is the nature of the employer-employee relationship. You do not get to... Read more »

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Q: I need help forming a nonprofit company. I would like to sell gift boxes. I need help knowing the ins and outs of this.

I know many nonprofit companies that sell products/services and make money they don’t help a community at all. I would sell gift boxes and make a profit and help low income/foster care kids. I need help knowing what to do and how to set this organization up. I live in Florida. But any advice on... Read more »

Linda Liang
Linda Liang answered on May 10, 2021

This is not just one question. This is a set of questions, which includes a) how to incorporate; b) how to receive non-profit status ; c) how to maintain a non-profit status. It is not easy to answer in a short form. You should start by incorporating and proceed to schedule a consultation with an... Read more »

2 Answers | Asked in Gov & Administrative Law, Criminal Law, Personal Injury and Civil Litigation for California on
Q: I am looking to sue the State of California. How do I go about proceeding?
William John Light
William John Light answered on May 10, 2021

Talk to a lawyer. There is a 6 months Claims filing requirement. If you are past that, your claims are likely time barred unless you are pursuing federal claims or are a minor.

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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New Jersey on
Q: NJDMV ISSUED MY DRIVERS LICENSE TO ANOTHER PERSON WHO GOT IT SUSPENDED. WHAT CAN I DO???
Leonard R. Boyer
Leonard R. Boyer answered on May 8, 2021

This does not make sense without knowing more facts. Getting any changes to a NJ driver's license is very difficult. Are you a N.J. resident who is temporarily in Alaska? More information is going to be needed to understand what is actually going on.

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