Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Brian Lehman
1 Answer | Asked in Immigration Law, Family Law and Adoption on
Q: Immigrating to the u.s from France with a twist

I'm planning to move to the u.s permanently and I have a backstory

When i was 7 my father and i immigrated to the u.s.a after my moms death from france where he married a woman who later adopted me

I believe i went out with either an IR4/IR3 or an IH4/IH3 visa

2 years... View More

Brian Lehman
Brian Lehman
answered on Jan 18, 2017

Reunite is a charity that focuses on international parental child abduction. You can email them at reunite@dircon.co.uk and ask for help or advice.

http://www.reunite.org/

Advice Line

+44 (0) 116 2556 234

Telephone

+44 (0) 116 2555 345

Fax...
View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How long can i hold a harassing text from my wife and still file harasment charges. We havent been seperated either.

State of Oklahoma

Brian Lehman
Brian Lehman
answered on Jan 18, 2017

You would not be the one who files harassing charges -- the police or local prosecutor would be the one who does that. Criminal cases involve the State v. a defendant. The idea behind this is that crimes are committed against the state and you are a witness. I'd be surprised if the... View More

2 Answers | Asked in Traffic Tickets for Indiana on
Q: In a state park's parking lot after dark, no idea it was illegal. Tickets given to driver & passenger. Can we contest?

Only thing on our records was 1.5 yr old speeding ticket, in another state. No other laws broken (no open alcohol, had license and registration, we're insured, etc.). We had no idea it was illegal--we were given the minimum payment, but my question is, if we contest, what are the odds of... View More

Brian Lehman
Brian Lehman
answered on Jan 17, 2017

You want someone who specializes in this and is in that court day-in and day-out. I found this ticket lawyer online: http://www.indytrafficattorney.com/_index.php

In my experience, getting a lawyer helps you negotiate something lower in such cases because you are entitled to contest it....
View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Alabama on
Q: one of my twins want to live w me she's 15 just needs a change. We divorced 12ys ago can she make that decision?
Brian Lehman
Brian Lehman
answered on Jan 17, 2017

Until a child reaches the age of 18 years old and is a legal adult, they can not decide whom they live with -- the court makes the decision. The judge may consider the child's view and even rule based on it but the decision will based on the child best interest.

I would get a lawyer...
View More

View More Answers

1 Answer | Asked in Libel & Slander for Washington on
Q: Very troublesome issue, slanderous rumors.

EX husband of an ex gf is spreading rumors in the very small town of coupeville wa. He's telling anyone who will listen that I'm a pedophile, peeping tom, stalker, anything regarding that issue.

None of this is true, not a shread of this is has one bit of merit. Now, people whom... View More

Brian Lehman
Brian Lehman
answered on Jan 17, 2017

Here is a list of lawyers near you. I would reach out to one of them and schedule and appointment: https://www.justia.com/lawyers/washington/coupeville

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: How long can a stray dog stay on your property before you can find a home for it?

Found ad posted but no one ever came looking for it.

Brian Lehman
Brian Lehman
answered on Jan 17, 2017

I think your best resource on answer any questions you have will be a local humane society for animals such as this one: http://gbhs.org/about-us/frequently-asked-questions/

This article provided some good information too:...
View More

1 Answer | Asked in Child Custody for Georgia on
Q: What is the law as it pertains to change in divorce custody, and is it set legally in Georgia every 2 years?

This is a modification I know, but can my ex wife revisit custody every 2 years???

Brian Lehman
Brian Lehman
answered on Jan 17, 2017

This is one of those questions that are best brought to a divorce lawyer in your city and, in fact, who frequently appears in that specific court. The two year requirement that you are referring to seems to be: "When your child turns 14, she/he may choose who she/he wants to live with, and... View More

1 Answer | Asked in Divorce for Washington on
Q: Me and my wife live in Washington state we was married 5 years ago her previous marriage her x husband filed bankruptcy

We bought a house and few other thing she could not get any credit at the time the titles of the house is in my name only and now we're going through a divorce and see liable for half the house

Brian Lehman
Brian Lehman
answered on Jan 16, 2017

There are a few terms that you aren't using correctly, but that's okay since you are not a lawyer. If you are going through a divorce, you should get a lawyer. Also, In Washington, the courts will accept a fair and reasonable property division if parties agree to it. You should try... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Washington on
Q: Is it legal for a police officer to talk and question my 11yr old son about a family friend,without a parents consent.

The school didn't let us know,that they called him out of class and allowed a police officer to ask my son,how does he know a guy named Ben? My son said it's my dad's friend. Then he asked my son,where does he live? My son said next door to us. and my son said he asked another... View More

Brian Lehman
Brian Lehman
answered on Jan 16, 2017

Yes, police may question a child who may have witnessed or been the victim of a crime= just as the police may question an adult. The police do not need permission from a parent or a court first.

But if a parent is present then the parent may refuse to allow the child to be interviewed. A...
View More

1 Answer | Asked in Copyright and Intellectual Property on
Q: is creating card mobile game that use similar cards, rules, how to win.. to an existing game violating any rights / law?

does creating an existing game like version for mobile and pulishing it act as violating copyrights / intellectual property or any laws ?

Brian Lehman
Brian Lehman
answered on Jan 15, 2017

Copyright law does not protect an idea. Thus, copyright law does not protect the idea of a card game or the basic method of playing it. Copyright will protect the text or graphics used in the game, however A game has copyright protection as soon as it is in a fixed form (printed, for example), so... View More

1 Answer | Asked in Domestic Violence for Colorado on
Q: Why wasnt I charged with domestic when I freely admitted doing the crime? I was not even arrested

Two weeks after the incident the investigators say they are going to charge me and issue warrent

Brian Lehman
Brian Lehman
answered on Jan 15, 2017

The police have often discretion on whether to arrest someone. Some states have made arrests mandatory for domestic violence, however.

In addition, the law often gives the police a certain amount of time within which to pursue a criminal charge. In New York, for example, there is a one...
View More

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Federal Crimes and Juvenile Law for Virginia on
Q: Do you think this case could be appealed again? Could there there be a program for crimes as juveniles to reduce time ?

In my opinion juveniles make a lot of mistakes, but whose to say that you don't change? I think the sentence of 38-40 years to a 15 year is just way to much. I wanna look more into this case

Brian Lehman
Brian Lehman
answered on Jan 14, 2017

You did not list the case that you are referring to, so a lawyer on this website will not be able to help you.

View More Answers

2 Answers | Asked in Landlord - Tenant for Georgia on
Q: Is my landlord allowed to keep my deposit for a month to month lease with no end date and balance owed

I recently moved Nov 30 leaving my tenant a 30 day notice that i was moving because of mold, construction, plumbing and electrical issues not being fixed. In that letter i requested my deposit back. My landlord has not contacted me nor sunt me a letter about my deposit. In my lease it has the... View More

Brian Lehman
Brian Lehman
answered on Jan 13, 2017

Assuming no damage or other costs, the landlord has to eventually return your deposit. Here is the Georgia Landlord Tenant Handbook, which you may find helpful:

https://www.dca.ga.gov/housing/HousingDevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

View More Answers

1 Answer | Asked in Car Accidents for California on
Q: My brother had a car accident that left him in pretty bad shape the other driver i believe is trying to sue

My brother has no knowledge of that night what so ever and he has no insurance i need help trying to guide me on what to do

Brian Lehman
Brian Lehman
answered on Jan 13, 2017

If the other party is suing your brother, they must first serve the complaint on them. This is usually done by having a third-party give the complaint against him in person, although it can be accomplished in other ways if a court allows it. Once your brother receives the complaint, he must... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for South Carolina on
Q: Are there any cases in SC where 15 yr old can be emancipated?

In the case where the biological mother is a drug abuser and the biological father has criminal domestic violence charges can a 15 1/2 year old female become emancipated? She can show where she will be financiallly cared for by another family willing to have her live with them.

Brian Lehman
Brian Lehman
answered on Jan 13, 2017

Assuming that you are the 15 1/2 year old female, I would recommend going to a lawyer immediately. I would expect that you could find a lawyer who might help pro bono. Check out http://www.theparentingplacepca.org, which is an organization in the city you listed (Easley, SC). You might also... View More

1 Answer | Asked in Business Law and Tax Law for Virginia on
Q: If a foreign-based company I own earns income but does not pay any dividends back to me, do I still owe US taxes on it?

I am a US citizen (in the state of Virginia) considering opening a business in Estonia, since I was approved as an Estonian e-resident recently. In Estonia, profit retained within a company for re-investment is taxed at 0% and is only taxed at the normal Estonian corporate tax rate when dividends... View More

Brian Lehman
Brian Lehman
answered on Jan 13, 2017

Definitely find a lawyer who specializes in this area. You don't want to try to guess with taxes. If you need a referral, feel free to contact me. Also, I found this white paper which you may find helpful in understanding the issues from a broad view: https://fas.org/sgp/crs/misc/R40623.pdf

1 Answer | Asked in Copyright for Rhode Island on
Q: Can I get legally charged for reverse engineering an application and posting statistics presented in the code?

There is a game - Warframe - that I was wondering if I were to reverse engineer statistics from the game, would this fall under Fair Use as research and news? Or would the developers be able to legally charge me for copyright infringement?

Brian Lehman
Brian Lehman
answered on Jan 13, 2017

The answer is, as it oft is in the law, maybe. First, let's clarify some terms. Only the state or federal government "charges" you and they do so with criminal laws. Everyone else is merely a witness to the crime, at most, which is legally committed against the state. That is why... View More

2 Answers | Asked in Employment Law for Georgia on
Q: Can my employer say I am part-time even though I've been working full time for the past 7 months?
Brian Lehman
Brian Lehman
answered on Jan 13, 2017

No. This would be governed by the Fair Labor Standards Act, a federal law, as well as state and local law. If you would like a free consultation, I'm happy to give you one and also give a referral for a lawyer in your area if that is what you prefer.

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law on
Q: Concerns regarding wrongful termination of employment

PLEASE NOTE - I LIVE IN AUSTRALIA . Last week my employer sent me home as he "suspected I may have been under the influence of drugs." He told me that before I was allowed to come back to work again I needed to bring him both a) A CERTIFICATE OF CAPACITY , and b) A NEGATIVE DRUG TEST .... View More

Brian Lehman
Brian Lehman
answered on Jan 12, 2017

Yes, he can. I don't see the state in which you work, but here is the way employment works in the United States. For about 150 years, the United States has been the only industrialized country that has continuously had "at-will" employment. In other countries, employers must have... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Florida on
Q: Can I request no visitation for my daughter's father that is threatening to kill me and tells me to commit suicide?
Brian Lehman
Brian Lehman
answered on Jan 12, 2017

You need a lawyer -- If you can't afford a lawyer, call one of these groups: http://womenscenterofjax.org/ or http://www.hubbardhouse.org/

Or type in domestic violence, Jacksonville, Florida into google and find a group you want.

You want to coordinate with one of these...
View More

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.