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Municipal Law Questions & Answers
1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: An officer couldn’t find my plante # and Vin # even when my registration active, he sent me to court!

Charging with fictitious plates even when it was active, is it legal or not?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 20, 2022

Sure it is legal for him to give you this ticket. I would suggest that you consider hiring a lawyer if you are guilty of this offense. If not guilty you may be able to handle it on your own, but it still can be tricky.

1 Answer | Asked in Civil Rights, Consumer Law, Municipal Law and Small Claims for California on
Q: Is it legal for a police department in California to release someone’s car to the wrong person then lie about DA Reject

The car was at tow yard. The tow yard had a lien sale the car was sold to a lady the lady never registered it in her name. She sold the car to her nephew a couple days after she bought it from the tow yard.he never registered it in his name either.. I bought it from the nephew a couple days later.... Read more »

Leon Bayer
Leon Bayer answered on Jan 19, 2022

It is never OK for the police to lie. But you are not clear about what the lie is? If the police told you that this is a civil matter and the DA won't file on it, I agree with them.

Your beef is with the nephew. You can sue him in small claims court.

1 Answer | Asked in Civil Rights and Municipal Law for Florida on
Q: The mall next to my school won't let students get picked up or go there starting 2:40 to 5:30, but it's a public mall.

I'm a senior in High school from Florida the Police won't let anyone in unless you're 18 and show your driver's license.

When I got a paper from our school telling us we couldn't go to the mall, the paper had no phone number and was not signed by anyone or the city.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 19, 2022

The privately-owned mall you want to have fun in after school--and all other privately owned malls, shopping centers, grocery stores, shoe stores, movie theatres, tennis courts, golf courses, etc., are entitled to establish rules regarding public use of their private property. They are also allowed... Read more »

1 Answer | Asked in Juvenile Law and Municipal Law for Illinois on
Q: Can a court system file charges without a police report?
William Wolf
William Wolf answered on Jan 4, 2022

In short, yes.

Police have the job of investigating cases.

Prosecutors have the job of deciding whether to file charges, on which charges they should be, and whether and how to proceed on them.

There is no legal requirement, despite how unusual that may be, for...
Read more »

1 Answer | Asked in Personal Injury, Insurance Defense, Municipal Law and Small Claims for Michigan on
Q: Am I responsible for removing my trampoline from a privately owned golf course's pond?

My trampoline flew into a pond owned by a privately owned golf course during a major wind storm. The trampoline was anchored down and was ripped out by the wind. I live in an HOA that is next to the golf course. The trampoline is destroyed. Am I responsible for cleaning it up out of the pond?

Brent T. Geers
Brent T. Geers answered on Dec 14, 2021

What is the golf course owners saying? Even though it's an act of God, someone will still have to pay. Either the golf course will just do it on their own, or they will contact the HOA and the HOA will pay, and may end up tracing it back to you.

It may be worth your while to contact...
Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Municipal Law for Mississippi on
Q: If an officer does not have on body and car cam and also does not read me my Miranda Rights what happens to the case.
Arthur Calderon
Arthur Calderon answered on Dec 13, 2021

It would severely weaken the prosecution's case; however, it does not necessarily make it go away. What ultimately happens depends on the facts and circumstances that occurred, as well as what is presented at trial.

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Gov & Administrative Law and Municipal Law for Indiana on
Q: Is this a remedy in a criminal matter ?Conditional Acceptance, Motion for Discovery, Motion to Dismiss.

Plus taking the exposition of pleading guilty to the facts but not to a crime. This also requires them to PROVE their claims, produce first hand witnesses or injured parties, and require them to prove their bonding information, among other things

Tim Akpinar
Tim Akpinar answered on Dec 10, 2021

An Indiana attorney could advise best, but your post remains open for a week. There are a number of terms presented here, and the context is not fully clear as to whether they pertain to criminal or civil elements of a legal matter. The admiralty/maritime connection was not readily apparent from... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Insurance Defense and Municipal Law for South Carolina on
Q: What type of liability insurance is needed for a home child care center?
Tim Akpinar
Tim Akpinar answered on Dec 7, 2021

A South Carolina attorney could advise best, but your question remains open for four weeks. You could also consider discussing this with an insurance agent who has experience with commercial policies for these types of operations. That way you could identify the risks you need to be protected... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Municipal Law for South Carolina on
Q: Is there a statue of limitations for simple possession in SC?

The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Nov 21, 2021

Is there a statue of limitations for simple possession in SC?

No. There are no statutes of limitations on criminal offenses in South Carolina.

Can they really come back to the house and arrest me?

Yes. In South Carolina we have two types of possession, constructive and...
Read more »

1 Answer | Asked in Municipal Law for Mississippi on
Q: Am I allowed to have a copy of my whole case file from the Municipal Court/Natchez, MS,

The current incident report does not reflect the statements made by arresting officer read to me on the day of arraignment.

Hiten H Patel
Hiten H Patel answered on Nov 6, 2021

Yes you are entitled to know what is in your file for the most part. However they may require you to file a formal discovery request.

1 Answer | Asked in Civil Rights, Estate Planning, Construction Law and Municipal Law for Florida on
Q: In Eatonville FL, we need to know if there are exceptions for Code of Ordinances, sec. 60.77, such as noise or privacy.

We live in a corner lot, and we would like to build a 6 foot fence on the property perimeter. We'd like to know how far can we take the fence to the line property, and if we can consider one of the "fronts" of a corner property as a "side". Only the "main"... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2021

The Eatonville Code of Ordinances is here:

http://eatonville-fl.elaws.us/code/coor

A brief review of it doesn't reveal any problem with what you want to do, but of course you should contact the Planning Department and get a permit. They should be able to guide you.

2 Answers | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Do I need to be registered with the state of nj to have an in home day care

The Twp says we can’t have an in home day care. But the state says we can in a residential area if we have less than 5kids. But do we have to be registered? That state says it’s optional

Morris Leo Greb
Morris Leo Greb answered on Oct 25, 2021

It would be best if you complied with all and municipal requirements and registered with the State.

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1 Answer | Asked in Traffic Tickets and Municipal Law for Tennessee on
Q: Will the case get thrown out for having wrong info ID on one citation and the other citation with the right one?
Anthony M. Avery
Anthony M. Avery answered on Oct 25, 2021

No. General Sessions is not a Court of Record such that amendments can be made orally by the DA, and the Judge annotates the Citation. You can tactfully inform the DA of the mistakes while asking for some type of Diversion or Dismissal.

1 Answer | Asked in Contracts, Employment Law, Business Law and Municipal Law for New Jersey on
Q: If a police department hires me and pays for me to attend the police academy (equipment/uniforms/salary included),

and part of that agreement is to sign a contract the day before graduating that says either you stay for 2-years or are responsible for paying back all the training costs (equipment/gear/uniforms/salary). If l quit that department to leave to work at another agency that is also PTC, the new agency... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 24, 2021

Speak to a employment law attorney with experience in this very narrow area of the law.

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Is not providing your name and address the basis for an obstruction charge?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 22, 2021

We would need to know the circumstances, but yes it can be.

1 Answer | Asked in Criminal Law, Federal Crimes, Military Law and Municipal Law for New York on
Q: I am active duty station at Fort Drum. Do I have to report to jusry duty in Mississippi?

I am active duty Army station at Fort Drum, New York. My residence is back in Carriere, MS on the Hancock County side. Is there any exemptment for soldiers stationed away from home? If so, what will I need to do to let the court know?

Tim Akpinar
Tim Akpinar answered on Oct 9, 2021

There are military law attorneys on this forum who have experience with such matters, and they could answer best. But your post remains open for a day, and it is probably best to take some form of action without further delay. You could show the notice to your commanding officer and request their... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for South Carolina on
Q: We sold 3 lands, sign a sell agreement and get payed. now the buyer wants to back up the deal beuse he say thye land has
Anthony M. Avery
Anthony M. Avery answered on Sep 30, 2021

Not sure of your question. But if there was a breach of warranties on the Warranty Deed, or some type of dislosure fraud, then a cause of action may exist. It is up to the buyer, now owner, to sue you. If there has not been a Deed executed yet, then read your Contract about each Parties'... Read more »

1 Answer | Asked in Municipal Law and Probate for Maryland on
Q: What type of deed is used in Maryland to transfer property from the treasurer to an individual? Is it a special warrant
Richard Sternberg
Richard Sternberg answered on Sep 20, 2021

There are three types of deeds in real property in Maryland: 1) General Warranty Deeds; 2) Special Warranty Deeds; and 3) Quitclaim Deeds. The first is rarely used in Maryland. It promises that the transferor's title was good from all claims before him. The second type merely warrants that the... Read more »

1 Answer | Asked in Municipal Law, Agricultural Law and Land Use & Zoning for Maryland on
Q: Is there a way to own a rooster if my county’s municipal code states that owning a rooster is prohibited?

I live in Frederick county Maryland and our municipal code states that only female chickens are permitted; no roosters. There is a rooster at my local animal shelter that I have grown quite found of. I was wondering if there are any ways to get around this rule prohibiting them. Could registering... Read more »

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Kinda like asking if there’s a way around speed limits because, well, you are fond of driving fast and speed is emotionally calming to you. If there’s no exception in the law that prohibits roosters, which I have not looked up, then there’s no way around it. Areas are zoned as farmland and... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Municipal Law for Georgia on
Q: She got into a altercation with a minor wasn't aware of her age no injuries we're sustained but it's a possible video

Don't know if the parents are pressing charges & for the moment she is in jail and bond is posted and already had a court appearance but asked for a court appointed lawyer & he hasn't showed nor called her & the charges she have is Aggravated assault (Felony) Cruelty to... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Sep 7, 2021

The first and only thing she should do now is secure defense counsel. She should not be speaking with anyone about the situation - period. Only discussions with legal counsel are protected.

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