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someone who wants to appeal their case claiming their previous legal aid barely tried. how can you possible prove this in the appellate court??? is it a rare win?? what are good points!?
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answered on Jul 12, 2024
Appealing a case on the grounds of ineffective assistance of counsel can be challenging but not impossible. It often requires a thorough understanding of the legal standards and substantial evidence to support the claim. Here’s a detailed approach to proving ineffective assistance of counsel in... View More 
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
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answered on Jul 8, 2024
My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.
The ability of local police to arrest someone for an alleged crime like assault that occurred on Native... View More
What should I do if I got 2 tickets, one being “speed not reasonable and prudent” but the speed was not listed on the ticket, and the other “moved from lane unsafely”. I double yellowed a car going a little below the speed limit and just as I did, a cop was a little ahead and saw me do... View More
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answered on Jul 8, 2024
If there is a way to plead not guilty online then I would do that and click on “request a hearing”. Many jurisdictions will simply give you an offer at that point and you can resolve the ticket for less. If not, go to the hearing and explain yourself (often times they have a court clerk to... View More
My brother recently passed away 2 months into a lease at a new apartment. He was paid until the end of the month and we will have him cleared out by then. He didn’t have life insurance so getting his security deposit back would be a huge help. Is that a possibility?
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answered on Jun 28, 2024
Absolutely. I would file a claim in small claims court. Unless you say “by the court” when your case is called it will be decided by an arbitrator where the rules of evidence are relaxed and the standard is, unofficial, “in the interests of justice”…. so equitable arguments are often... View More
And I need that deposit to buy a plane ticket back to my home country to see doctor, I can’t afford health insurance here yet
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answered on Jun 28, 2024
In New York, tenants have several options for filing complaints against landlords outside of court actions:
1. New York State Division of Housing and Community Renewal (DHCR): If the landlord is violating rent stabilization or rent control laws, tenants can file a complaint with DHCR.... View More
i am being accused of petit larceny in Bronx County NY, but live in another county about 80 miles from there. what happens if the person accusing me goes to the police? will a warrant be issued? is the warrant good across NYS or only in Bronx County?
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answered on Jun 26, 2024
A warrant could be issued if the police believe the person and if the person articulates that you have committed a crime.. It comes down to the credibility of the person making the police report. As to the second issue, the warrant is statewide and You can be arrested in your county and returned to... View More
They found a percaset misdemeanor possession in the house.so should a person challenge the violation of the warrant ?and can a successful suppression of the warrant in the house ,help with the 2 alleged sales prior to the search warrant?
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answered on Jun 26, 2024
Your lawyer can try to suppress the evidence by having a suppression hearing.
To suppress evidence found during a search of a house, the defense attorney may argue the following points:
1. Invalid Search Warrant: The defense could argue that the search warrant was invalid. This... View More
I recently reported someone to the FBI and today my google account got subpoenaed by them and a federal court , I’m unsure on what it means
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answered on Jun 26, 2024
The same thing happened to me in college when I was downloading music illegally from Napster. Nothing happened. As long as there is nothing illegal on your Google account, I wouldn’t worry about it. Chances are they’re not even going to execute the subpoena and look at it, but if they do, you... View More
Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More
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answered on Jul 2, 2024
Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More
I live in NY where payday loans are illegal. I was so desperate and needed money. I used the address
of a shipping company in Delaware that has virtual PO boxes. I borrowed 4 loans, a total of $5,000. It seems like a lot but it barely scratched the surface. It was a very poor decision and I... View More
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answered on Jul 23, 2024
Don’t bring anything up with the DA/AG. Pay the loan back and if you cannot, contact the company to modify it/make a payment plan. They have way bigger fish to fry.
I have an order of protection against my abusive husband.
I am not a citizen and I might apply for naturalization soon.
I am worried about the Good Moral Character requirement.
I suspect that I might find drugs and I want to make sure not to be committing possession in... View More
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answered on Jul 12, 2024
You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).
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answered on Jun 28, 2024
I believe so, but you might have to be 21. I would Google it.
lost his wallet. To make a long story short, I ended up giving him more than $1,000. At one point, he left a fake Rolex watch in my car. I later learned the watch was fake, thus confirming that I really had been swindled.
I want to file a police report, but they are claiming this was an... View More
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answered on Jun 26, 2024
This is a civil issue. File a claim against him in small claims court for the $1000 plus fees and expenses.
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answered on Jun 26, 2024
With me generally nothing. Although if it involves some research or extensive document review, I will charge my regular hourly rate. But I offer a free consultation.
We have lived in this place since October 2022. Landlord said he needed it for other reasons. I thought 60 days was the legal notice amount. Also can we legally ask landlord to help with moving costs i.e. brokers fee, 1st month rent or security especially if we only have 30 days which is short... View More
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answered on Jun 26, 2024
Don’t pay your last months rent and let the landlord take your security deposit in Lou of it.
The medication mistakenly given to the patient was 150 units of Methadone. The patient was not prescribed and had never done Methadone before.
The patient passed out and had to be revived with Narcan. The patient was transported by Ambulance to a Hospital for further treatment.... View More
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answered on Jul 12, 2024
You should have this patient bring his or her medical records to a medical malpractice Attorney and/or firm To have it assessed. Our office has in house physicians as do many other firms and provide free reviews and consultations.
I was informed that requires more than a regular public medical malpractice attorney due to jurisdictional limitations dealing with tribal heath facilities. Thank you for your time!
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answered on Dec 10, 2020
Not from my understanding
So I got a mustang that is outfitted like a police car, but none of the lights are functional and there is no siren. It says police on the side however it has no markings for a state or county. It is a replica of the transformers 5 mustang police. It's basically a show car. I drove it and got... View More
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answered on Sep 5, 2019
You are not likely to be charged with impersonating an officer unless you were clearly acting like a jack ass and doing so, however, I can see cops taking offense to this and pulling you over/possibly arresting you.
You say it is a show car so make it that. With regards to the tints, that... View More
I use cbd for chronic pain, however the cost adds up and in order to save money I was wondering if it would be legal to grow a plant as long as it is less than .3% thc.
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answered on Sep 5, 2019
Legally? No, although I think this is an issue ripe for appeal now. Many states are having legal problems with distinguishing industrial hemp buds from marijuana buds and it’s a likely issue to get into our appellate system soon, which will create controlling caselaw on the issue... we will see... View More
i have txt message saying if you dont pay i will put pictures on wall of you.
can i sue for defamation why is he posting my wifes picture and also mine.
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answered on Sep 5, 2019
Yes but you won’t win. In this case, any actual defamation has yet to take place and the damages foreseeable are minimal. Finally, they have a defense for defamation also… Truth. Sorry but this is not your best case. Feel free to call if you want further advices.
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