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Questions Answered by Brian Lehman
1 Answer | Asked in Internet Law and Libel & Slander for Arizona on
Q: Q: university employe makes phony email "false" reply to me and her boss to incriminate me.the true is on email servers.

university employee uses oficial email to make up an attached copy of an email "fake" to make belive her boss that she already send me the info, that can stop my relation with university..can i take legal action?... the true is at the university email servers and in my hotmail server ...... View More

Brian Lehman
Brian Lehman
answered on Jan 21, 2017

Yes. You can secure the evidence with a court order or maybe a third party subpoena. Best advice is to get a lawyer since it can be technical to figure all this out.

1 Answer | Asked in Lemon Law and Small Claims for New Hampshire on
Q: I purchased a car in a private sale, car is unsafe, do i have any rights?

I was told the car was safe, it had a current inspection sticker. Brought it to meineke after purchase to find out the entire rear frame and control arms are rotted out, one was broken the other was about to go. This car was not at all safe to be driven and could have killed me and possibly others... View More

Brian Lehman
Brian Lehman
answered on Jan 21, 2017

Yes, of course. Here is a link to a lawyer in New York that does Lemon Law: www.kaselllawfirm.com/

He may be able to point you in the right direction since you are up in New Hampshire.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My lawyer told this charge of hinder upon apprehension 18 5101 A1 was an infrared misdemeanor why is it coming up felony
Brian Lehman
Brian Lehman
answered on Jan 21, 2017

"The offense is a felony of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a felony of the first or second degree. Otherwise it is a misdemeanor of the second degree."... View More

2 Answers | Asked in Child Custody for Tennessee on
Q: are custody and divorce lawyers concerned with what is best for the client or the children ?

going through a divorce now and my wifes attorney is now aware that she has a history of rehab and mental health issues . Can i count of her attorney to do the right thing for my daughter or the right thing for her client so she can rack up "wins "

Brian Lehman
Brian Lehman
answered on Jan 21, 2017

You wife's attorney is just that: a representative of your wife. It is her job to advocate for your wife. If you have other viewpoints or evidence you want the court to consider, your best option is to retain an attorney.

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2 Answers | Asked in Appeals / Appellate Law for Ohio on
Q: Can I file a second motion for reconsideration in the appellate court in Ohio?

Sixth District Court of Appeals. Case No: OT-15-015

Brian Lehman
Brian Lehman
answered on Jan 21, 2017

No, you are just allowed one motion for reconsideration.

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1 Answer | Asked in Child Custody for Texas on
Q: Does a afadavit give an aunt entitlement to take child away from mother

Mother wanted to give her sister custody of her son through adoption but changed her mind and would prefer dad take son

Brian Lehman
Brian Lehman
answered on Jan 21, 2017

No, only a court order has that authority. An affidavit is a sworn statement, not a court order.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If someone unrightfully got a domestic assault charge against me, am I allowed to talk to him?

He has not gone to court yet. This happened last night and we have not picked him up yet.

Brian Lehman
Brian Lehman
answered on Jan 21, 2017

No, they are now a witness in a criminal case. Moreover, the court very likely entered a "protective order," which you would be violating with any contact (including contract through a third person). You should hire a lawyer and get that person's advice. Any criminal matter is very serious.

2 Answers | Asked in Landlord - Tenant for New Mexico on
Q: My landlord said he would be here today with a sheriff to kick us out. No legal paperwork has been filed
Brian Lehman
Brian Lehman
answered on Jan 21, 2017

In Colorado, it is never legal for a landlord to evict a tenant without a court order.

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2 Answers | Asked in Child Custody for California on
Q: Can my wife deny me visitation maliciously if we have no custody order or case pending in court yet?

We had an agreement on when each of us would have time with them. Both of us were following it. This week she got mad at me again and will not let me see my sons. She said I will never see my sons again unless a judge makes her let me see them. She is telling everyone who will listen that I am... View More

Brian Lehman
Brian Lehman
answered on Jan 20, 2017

Yes, from start to finish, the process may take months if not years. However, your lawyer can file emergency motions that will be heard much quicker, sometimes within days. You need a lawyer who specializes in this area immediately. Here are a list of lawyers near you:... View More

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2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: How does a person keep their license after being pulled over for a 2nd DUI?

I know a person that got pulled over a few weeks ago and got their Second DUI and also was found to have 2 vicodin pills on them at the time of the stop. They currently still have their drivers license. I thought it automatically got suspended if you had priors?

Brian Lehman
Brian Lehman
answered on Jan 20, 2017

Being pulled over doesn't mean the person was convicted. A "prior" refers to a prior conviction. It may be that the case is still pending or the police didn't arrest them.

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1 Answer | Asked in Divorce for Kansas on
Q: I am trying to get a divorce but I don't know where he is and I don't have a lot of money. Can anyone help?
Brian Lehman
Brian Lehman
answered on Jan 20, 2017

Check out http://www.kansaslegalservices.org/, which allows you to apply for free legal services if you don't have enough money.

1 Answer | Asked in Immigration Law for Florida on
Q: My mother went back to Brazil 12yrs ago. She is mentally unstable and I need to file for another green card for her.How?

If someone is mentally unstable and destroyed all of their US docs, how can we file on her behalf to have her get another green card? I need to file on her behalf and wanted to see if we can do so from the US. What forms would I need to fill out and submit?

Brian Lehman
Brian Lehman
answered on Jan 20, 2017

Here is a list of immigration lawyers near you: https://www.justia.com/lawyers/immigration-naturalization/florida/fort-lauderdale

No lawyer is going to be able to answer this question correctly online. The lawyer needs to have more facts and ask more questions, and there may be other...
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1 Answer | Asked in Contracts, Family Law and Personal Injury for North Carolina on
Q: What is the legal validity of a signed contract as an affidavit, admitting to habitual use of force?

I've been in a relationship with a female whom has a compulsion to use force when triggered. When arguments heat up to diminishing returns, I attempt to leave. She is not large enough to cause physical harm. These instances are about 12 times over 2 years. We currently live separately. She... View More

Brian Lehman
Brian Lehman
answered on Jan 20, 2017

That wouldn't be a contract. A contract is a legally binding agreement to do or not do something. She hasn't agreed to do anything nor have you. She is just affirming that she gets physical or has in the past. An affidavit is a sworn statement.

Regardless, you are taking on a...
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1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Is it legal for a company to charge a employee for being a smoker and has nothing to do with health insurance

My company is charging everyone that smokes $500 a year and that's besides the extra we pay on our health insurance for being a smoker. Is this legal

Brian Lehman
Brian Lehman
answered on Jan 20, 2017

No unless they offer a wellness program as detailed below. However, I recommend that you not make representations of the law to your employer without an attorney. And once you get an attorney, that person should contact your employer so that an inadvertent mistake isn't made. I'm happy... View More

1 Answer | Asked in Traffic Tickets for Connecticut on
Q: CT - my son who is 29, was pulled over for driving on a suspended license. For not paying a ticket in Norwich

He says he never recieved a ticket, and he never recieved a warning from the state that they were suspending it. Took a long time to find bu the ticket is from 2015, has been suspended since 3/2016. So he has to pay a $60 fee to open this case again, what happens then

Brian Lehman
Brian Lehman
answered on Jan 20, 2017

Here is the listing of lawyers in Norwich who may be able to help you. https://www.justia.com/lawyers/traffictickets/connecticut/norwich

Traffic tickets are one of those areas of law where it is a really good idea to get a lawyer who specializes in them and who also appears in that court...
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1 Answer | Asked in Small Claims for Georgia on
Q: Pd non-relative funeral exp with oral and written "ok" agmnt by NOK i would be pd when ins $ came in. Chances of win?

I charged the FL funeral home expense of a non-relative, close friend, so his body could be flown to Ohio for burial. 21 yr old next of kin (NOK) who lives in Georgia, and not present in FL at time of his father's death, agreed with verbal and written "OKs" in text that he would pay... View More

Brian Lehman
Brian Lehman
answered on Jan 19, 2017

I don't know any lawyer who will tell you the chances on any case -- or at least good, experienced lawyer. Here is how to maximize your chances, however.

Note that in Georgia, it is a magistrate court, not small claims: http://consumer.georgia.gov/consumer-topics/magistrate-court...
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3 Answers | Asked in Family Law and Domestic Violence for California on
Q: found out that I'm not legally married to wife. Will judge still give me visitation or sole custody of child

I'm the one that takes care of his needs,cook bathe enteract while wife sits in bedroom leaves long period of time or sleeps all day cause being out all night

Brian Lehman
Brian Lehman
answered on Jan 19, 2017

You put this under domestic violence as well. If there are allegations that could be made of domestic violence, you should get a lawyer immediately because that person will know how to best present your case.

To answer your question, assuming that you have a child together, the standard...
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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a ticket for "Failure to observe traffic control device" by a cop. Can I get out of this with no points?

I would also like to add that the officer entered Beige instead of Black as a description of my vehicle. Is this enough to dismiss it?

Brian Lehman
Brian Lehman
answered on Jan 19, 2017

I agree with the other attorney, Joseph Morgano (I don't know him). The attorney can help you reduce it to zero points.

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1 Answer | Asked in Contracts and Construction Law for Georgia on
Q: Who gets the left over material when the job is complete ?

I have a signed contract to supply materials and labor for $$$$$dollars to do a roof. The job was completed and there was 10 bundles of shingles left over. Whose bundles are they?

Brian Lehman
Brian Lehman
answered on Jan 18, 2017

It would depend on the contract that you entered into. You should note that a contract is merely a legally enforceable agreement -- not a particular piece of paper. So even if you sign what people think of as a contract, there still might be one from emails and texts. Did those emails say, But... View More

1 Answer | Asked in Child Custody for Louisiana on
Q: Can an agreement be made through the custodial and non custodial parent for visitation without a lawyer?

Custodial parent resides in Louisiana and Non-Custodial parent resides in Dallas,Texas.

Brian Lehman
Brian Lehman
answered on Jan 18, 2017

Yes

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