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Questions Answered by Stanley Dale Radtke
2 Answers | Asked in Social Security and Health Care Law for California on
Q: Is it Too late to Fix my Disability claim?

About a 2 years ago i was diagnosed with Lymphoma and applied for disability and hired a lawyer, due to an issue it got delayed about a year till this march/april. at the time from the way things were going i had assumed i would be right as rain and back to normal within a month from what the test... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 14, 2020

When you state that you "applied for disability," was that for State Disability Insurance, "SDI", or Social Security Disability Insurance "SSDI", or for Supplemental Security Income "SSI"?

If you are taking about SSDI, then you must have 40 units of...
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1 Answer | Asked in Social Security for Connecticut on
Q: I am getting social security disability monthly,do I have to let them know if I am collecting unemployment
Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 18, 2020

If you are collecting both SSDI and unemployment insurance you could have a problem because you told Social Security, under penalty of perjury, that you were unable to work due to your disability. Then you told your state unemployment department, also under the penalty of perjury, that you were... Read more »

1 Answer | Asked in Criminal Law for California on
Q: In a conspiracy case, is it true that a jury must state on the verdict form if an overt Act was committed?

Overt Acts were alleged in the information, but jury never made a finding on any of the overt acts that were alleged. The jury never stated on the vertical form whether or not an OVERT ACT was committed or if any of the overt Acts were proven Beyond A Reasonable Doubt.

Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 18, 2020

The jury is not required to state on the verdict form whether an overt act was committed. This fact finding in implicit in a guilty verdict as the overt act is one of the required elements of the charged offense. Those elements would be contained within the CALCRIM instruction, you example number... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Due to Covid the probation and courts have been closed. They reopened without my knowledge and I missed my court date.

I called probation and left a message for her the day of my court date (a friend of mine saw I was on the list) I also called my lawyer and the court. My probation officer's voicemail said she was not back till the 18th of June and my lawyer never called me back. I was never scheduled for the... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 18, 2020

You need to call the criminal clerk at the county court house and tell them what you just wrote. In most counties, the procedure is to file a single page form asking the court to recall the warrant, the clerk will place your matter on the court's docket. Go to court and when your case is... Read more »

2 Answers | Asked in Immigration Law for California on
Q: can i get my money back? i was pying an immgration lawyer but canceled after paying 6000 what can i do.

all he did was the first paperwork. i was the one asking uscis what was going in and in the email uscis sent me it has another lawyer name then the one i was paying and the one thats on my contract. hes not wanting to refund me anything

Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 18, 2020

You would need to first demand your money back directly from the attorney you hired. It would be best if you placed your complaint in a letter, describing in detail why you believe you are entitled to the refund. Your attorney may agree with you, or provide a partial refund, or deny your claim... Read more »

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3 Answers | Asked in Immigration Law for California on
Q: What does "NO REPRESENTATIVE OF RECORD" mean in plain english Thank you R. Conlan
Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 18, 2020

You have not retained an attorney to represent you in the court proceedings. In immigration court, you are not entitled to have an attorney appointed if you cannot afford one, you must find a private attorney on your own.

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2 Answers | Asked in Personal Injury for California on
Q: We all have a right to a fair trial, and due to that I have no attorney I feel like I'm getting pushed aside, need help

Dear Law firm

My name is Jesus, I have a lawsuit going on right now, case number.

I had 4 lawyer sent may 6 2016, I going to be honest with you the 1st lawyer was a jerk with me he had the case for about 3months, I was my choice to leave him, the 2nd one there was a language... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 11, 2020

Is sounds like you have a court case already filed as you referenced having Depositions scheduled. There are fundamentally two issues right now:

(1) is your lawsuit still active? Has it been dismissed, or is a trial still on the schedule? If so, then you need to speak with a personal...
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1 Answer | Asked in Immigration Law for New York on
Q: I am a foreign student who wants to apply for a US student visa.

I got accepted to New York University and my grades are really high. However my sisters are US citizens who are living in the US. Does this affect the acceptance of my students visa?

Stanley Dale Radtke
Stanley Dale Radtke answered on May 28, 2020

It is my understanding that any student visa is provided by the institution by way of their SEVIS officer. You should check with your school.

1 Answer | Asked in Immigration Law for New Jersey on
Q: Need new I140 every time I change jobs?

Thanks for your time on this question. I have been in the States for 8+ years on H1B. Two of my past US employers got my I140 approved in 2013 and 2016 respectively. I am Indian and it will take ages for my priority date to go current. I will be changing jobs a few times in the next several years.... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on May 28, 2020

Short answer is yes. The i-140 is based upon the employer petitioning on your behalf. You are the beneficiary of the visa petition. In your query you state "it will take years for my priority date to go current." I am assuming that your preference is something less than first, as a first... Read more »

1 Answer | Asked in Criminal Law for California on
Q: Hi I had a criminal case back in 1997 in sacramento county and i need the criminal case number,where to get that? Thanks
Stanley Dale Radtke
Stanley Dale Radtke answered on May 13, 2020

The first place to ask is from your defense attorney. If you had a "criminal case" you either had a public defender, or you hired a private attorney, ask them.

Alternatively, you can call the criminal clerk at the superior court where your case was filed and ask the clerk. Good luck.

1 Answer | Asked in Immigration Law, Probate and Sexual Harassment on
Q: My boyfriend has sexual offense record and in probation, can he still file for my green card?
Stanley Dale Radtke
Stanley Dale Radtke answered on May 13, 2020

This is a tricky question as your boyfriend's conviction might trigger the Walsh Act, Especially if he is a mandatory 290 registrant, or needs to register as a sexual offender. You need to consult with an experienced immigration attorney to answer this question.

1 Answer | Asked in Immigration Law on
Q: Marriage-based visa for spouse of a U.S. citizen. Optional financial documentation of couple living outside the U.S.

Hello, my husband (U.S. citizen) and I (EU citizen) are currently applying for a marriage visa for the U.S. We have been married for 3 years now and we have been living in Germany since. Since we are planning on moving to the U.S. soon, we filed an I-130 application.

We did some research... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on May 13, 2020

Assuming your United States citizen spouse files his tax returns in the US, he will need to show that his income is sufficient to support the intending immigrant, you. Alternatively, if your spouse has sufficient accumulated wealth, i.e., bank accounts, investments, real estate, etc., you will need... Read more »

3 Answers | Asked in Immigration Law and Civil Rights for Tennessee on
Q: Should high schools ask for driver's licenses to obtain parking permits?

If you are an undocumented teenager, not by choice, and you can't get a license to drive, how can you park at your high school? Should high schools in Tennessee be asking for driver's licenses? is there a legal way to fight this? This person just wants to be a normal teenager that drives... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on May 13, 2020

The root issue underlying your questions really is, "Should an unlicensed teenage driver be given a parking permit at their high school?" Under the law, the clear answer is no. An unlicensed driver should not be driving a car for any possible reason.

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2 Answers | Asked in Criminal Law for California on
Q: Can a citizen use force to make an arrest ? Does a citizen have the right to detain someone while police arrive ?

In the state of Georgia ?

Stanley Dale Radtke
Stanley Dale Radtke answered on May 13, 2020

Your question seems to be related to the killing of Ahmaud Arbery. Your question is specific to state law and your question should be directed to the forum involving the State of Georgia.

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3 Answers | Asked in Criminal Law for California on
Q: How can I find out what offence #23152 (B)
Stanley Dale Radtke
Stanley Dale Radtke answered on Apr 22, 2020

Vehicle Code section 23152, subdivision (b) is often called DUI, driving under the influence.

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3 Answers | Asked in Criminal Law, Personal Injury, Admiralty / Maritime and Civil Litigation for California on
Q: 18USC2261a

Wondering what is meant by intent?

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 2, 2020

Here is the United States Code section in question:

18 U.S. Code § 2261.Interstate domestic violence

(a)Offenses.—

(1)Travel or conduct of offender.—

A person who travels in interstate or foreign commerce or enters or leaves Indian country or is present within...
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3 Answers | Asked in Criminal Law for California on
Q: Will I get booked in if I go to court?

I recently found out I have an active warrant for my arrest for domestic violence charge

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 7, 2019

Do you have a court date? If you do, and appear without being booked, you will receive a booking slip where you will need to go to the police station for booking.

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1 Answer | Asked in Immigration Law for Georgia on
Q: How to find information/ rules on my alien fiance becoming a U.S citizen.
Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 6, 2019

Good place to start in looking at the USCIS Website.

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

4 Answers | Asked in Criminal Law for California on
Q: I have a detective wanting to talk to me should I go alone
Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 6, 2019

No. You should take an experienced criminal defense attorney with you to the interview.

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2 Answers | Asked in Personal Injury for California on
Q: Thank you for the advice but why can't you just answer my question

If it were you filing a lawsuit, what form would you use?

On what form should I put my petition/prayer for recompense?

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 6, 2019

Take a look at this California Judicial Counsel Form.

https://www.courts.ca.gov/documents/pldpi001.pdf

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