Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brian Lehman
1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: How long does it take for an appeal to go through?
Brian Lehman
Brian Lehman answered on Aug 8, 2017

You did not specify the court, so I'll assume that you mean the Illinois Supreme Court. Here is a good article: https://www.law360.com/articles/753921/the-illinois-supreme-court-in-2015-a-statistical-analysis

It states:

"Average time under submission for non-unanimous decisions...
Read more »

1 Answer | Asked in Civil Litigation, Animal / Dog Law and Appeals / Appellate Law for Texas on
Q: Where can i find a case law involving leash laws?

SA City ordinance states "owner shall keep animal restrained at all times & insure it does not roam/run at large at will."

RESTRAINT-"...secured by tether, leash, lead OR confined within real property of owner. CONFINED--"...effectively prevented from being free to roam/run at large at... Read more »

Brian Lehman
Brian Lehman answered on May 8, 2017

This might help:

https://dogbitelaw.com/legal-briefs/at-large

1 Answer | Asked in Business Law for Washington on
Q: How can I shield myself from personal liability if my business ends up getting sued?
Brian Lehman
Brian Lehman answered on Mar 30, 2017

The common way is to set up a limited liability or a corporation and to maintain the legal requirement of that entity so that the corporate structure cannot be "pierced." Here is the IRS's guide on LLCs, which I see most often with startups:... Read more »

1 Answer | Asked in Domestic Violence for North Carolina on
Q: Could I go to jail for a civil summons domestic violence order? I'm the defendant.

I have that order and a misdemeanor assault by pointing a gun warrant that I was served and released on a $5000 unsecured bond. I have court tomorrow for the civil summons order. Will I be locked up in jail again?

Brian Lehman
Brian Lehman answered on Mar 30, 2017

I don't think you've provided enough information for a lawyer to give an answer with confidence. But, a summons in a civil case does not impose criminal penalties. However, once the civil court enters an order in the civil case (e.g., a restraining order on not contacting a person), it can be a... Read more »

4 Answers | Asked in Admiralty / Maritime for New York on
Q: If I'm injured on a cruise ship, would that fall under maritime law or regular personal injury?
Brian Lehman
Brian Lehman answered on Mar 30, 2017

Justia provides an overview here: https://www.justia.com/admiralty/cruise-ships/

Seems like we need more facts to make a determination.

www.lehmanlawgroup.com

View More Answers

1 Answer | Asked in Child Custody for South Carolina on
Q: We have custody of our grand daughter for 10 yrs. Now her dad wants custody. Can he get her.
Brian Lehman
Brian Lehman answered on Mar 30, 2017

The answer is yes, but a court would need to order this to happen. A factor that can weigh greatly in the grandparents' favor is if they have been acting as their grandchild's parents prior to seeking custody.

I would highly recommend you see a family law lawyer to discuss how to proceed....
Read more »

2 Answers | Asked in Immigration Law and Landlord - Tenant for Texas on
Q: My boyfriend has expired visa it's been 5year can I still put him on my apartment lease? He do have a social security #

We will do that thank you

Brian Lehman
Brian Lehman answered on Mar 30, 2017

The fact that his visa expired does not affect his ability to enter into a legally binding contract or to assert certain rights (for example, under the Fair Labor Standards Act). The lease is a contract that he can enter into.

However, he should contact an immigration lawyer immediately to...
Read more »

View More Answers

2 Answers | Asked in Divorce and Family Law for Texas on
Q: What is the legal definition of adultery? And or what would a court consider adultery?

Would a social media only relationship with someone on the other side of the world; someone I have never met in person be considered adultery?

Brian Lehman
Brian Lehman answered on Mar 30, 2017

I think you are probably more interested in the tort, "alienation of affection." My understanding is that only Mississippi and North Carolina still recognize this tort, although North Carolina has up to 200 cases a year based on it.

For the history of the tort, see...
Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law for Florida on
Q: What does it means if an appeal reads not final until disposition of timely filed motion for rehearing means
Brian Lehman
Brian Lehman answered on Mar 30, 2017

Here is a solid article providing an overview of reconsideration and rehearing in Florida:

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/0020FF826AD66C5F852575C50049D2B4

In short, the court can rehear the case if an attorney or pro se party points out errors and the...
Read more »

2 Answers | Asked in Appeals / Appellate Law and Small Claims for Pennsylvania on
Q: Can you represent yourself in the court of common pleas during an appeal from a small claims court ruling?
Brian Lehman
Brian Lehman answered on Mar 30, 2017

Yes: "The judicial system of Pennsylvania embraces the idea that access to the Courts is a fundamental right of all Pennsylvanians."

Note, however: "Self-represented litigants are held to the same standards as attorneys admitted to the bar of the Commonwealth of Pennsylvania. Representing...
Read more »

View More Answers

2 Answers | Asked in Business Law, Contracts, Employment Law and Appeals / Appellate Law for California on
Q: Is a professional service agreement where it needed to be signed before starting work an employment contract ?

This agreement defines, states and clarifies about its compensation, benefits, ideas and invention rights, confidential info, reimbursement of expenses, compliance, return of info and property, exclusive employment, non-solicitation, employment relationship/ waiver of other benefits, no authority... Read more »

Brian Lehman
Brian Lehman answered on Mar 23, 2017

I think you need to reword your question. It is confusing (at least to me).

View More Answers

1 Answer | Asked in Landlord - Tenant on
Q: Tenant refuses to acknowledge lease which expires 3/31. I filed a Notice to vacate & had it served....he called & said

he will not leave. In april will this tenancy go to month/month. His dog extensively damaged the wood floor $1800.00 estimate to replace/repair. Can I increase the rent & chg the terms on 3/31 when lease expires...Can I force entry to repair the floors.

Brian Lehman
Brian Lehman answered on Mar 8, 2017

Given the facts as you described them, I would highly recommend getting a court order first. A lawyer could also file an emergency motion to enter to repair the floors. But in this situation, you should get a lawyer and go to court.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I own a home in Albrightsville PA, I have a closing this Friday.

I own a home in Albrightsville PA, I have a closing this Friday 3/10/17. I am married and the home is under my name, now I am selling the home. The buyers title company wants my wife to sign a release form that must be notarized saying she has no interest in the home. The title company is telling... Read more »

Brian Lehman
Brian Lehman answered on Mar 8, 2017

Ask them for the statute that requires this. They may be doing it to be super cautious. If your wife does not have an interest, I don't see a problem with her saying she does not.

1 Answer | Asked in Domestic Violence for Colorado on
Q: If someone has an domestic violence warrant, how long will they be in jail and how much will their bond be?

The person never actually did anything to the victim but authorities were called and the victim lied and said they hit them and vandalized their car. The victim then got a protection order afterwards. There is no other history of the person being involved with authorities except for mental health... Read more »

Brian Lehman
Brian Lehman answered on Mar 8, 2017

The victim does not need to be in court at the arraignment. If the judge releases the person on recognizance, or “ROR”, the defendant has to a promise that they will attend all future court hearings after they have been released (or face a bench warrant and serious consequences). In my... Read more »

1 Answer | Asked in Family Law for Texas on
Q: The father of my daughter is a registered Sex Offender. Should he be allowed visitations, weekend stays ect.?

No legal order has been made, but he wants weekend stays. He was convicted of sexual contact with a 14 year old when he was 23. Note He hasn't been around and my daughter doesn't even know him. But due to sudden circumstances he has had a come to Jesus moment and wants to have visitations. He is... Read more »

Brian Lehman
Brian Lehman answered on Mar 7, 2017

That is up to the family court judge who needs to consider all the facts and possible ways that visitation may be allowed. If you are opposing such visitation, I'd recommend a lawyer. If you want visitation, then I highly recommend a lawyer.

1 Answer | Asked in Criminal Law for Georgia on
Q: Just wondering in state of ga how much time do you think a person will get for the charges at an assault rifle charge

The codes he was charged with are a 16-11-106 A 16-11-123 A 16-11-131 And A 16-10-24

Brian Lehman
Brian Lehman answered on Mar 7, 2017

In my experience, only a local public defender or criminal lawyer in that court who knows the prosecutor and the judge will be able to give a prediction such as this.

2 Answers | Asked in Criminal Law for Oklahoma on
Q: What can I do if someone threatened to kill me
Brian Lehman
Brian Lehman answered on Mar 7, 2017

You can go to the police or file a civil restraining order. I recommend the latter for sure.

View More Answers

3 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: Can a police officer use violent force to detain you even after you have asked for a attorney to be present?

Can a police officer pull you out of your vehicle by force, put you in hand cuffs and arrest you even after you have asked for a lawyer to be present

Brian Lehman
Brian Lehman answered on Mar 7, 2017

The answer is likely yes. You have the right to a lawyer and you have the right not to speak. In fact, if the government uses any statements after you asked for a lawyer against you, or derived evidence from it, you should ask your lawyer for a motion to suppress the evidence. But, if there was... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I get custody of my 2 year old daughter she recently had another I think it's mine but she gave the baby foradoption

We been together since 2012 I got a desmetic violece case in 2015 an did my time in 2016 of July when I went to jail she was 2 months pregnant then she told me she had a miscarriage I didn't see her until November of 2016 she said she was a seragrent mother she gave birth in January she was only 20... Read more »

Brian Lehman
Brian Lehman answered on Mar 7, 2017

Your first step should be to consult with a family lawyer that specializes in family law near you, particularly because of the past criminal charge.

1 Answer | Asked in Appeals / Appellate Law for Virginia on
Q: Can a case be refiled in correct court after it has been appealed from dismissed without prejudice for improper venue?
Brian Lehman
Brian Lehman answered on Mar 6, 2017

When a case is dismissed without prejudice, it leaves the plaintiff free to bring another suit based on the same grounds, for example if the defendant doesn't follow through on the terms of a settlement. http://www.nolo.com/dictionary/dismissal-without-prejudice-term.html

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.