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Questions Answered by Brian Lehman
2 Answers | Asked in Medical Malpractice for Missouri on
Q: I am seeking an attorney in the st Louis area interested handling an implant dental malpractice suit..
Brian Lehman
Brian Lehman
answered on Jan 9, 2017

Here is a list of lawyers in St. Louis who handle personal injury: https://www.justia.com/lawyers/injury-accident-law/missouri/saint-louis

Here is a more narrow list from a different provider: http://attorneys.lawinfo.com/dental-malpractice/missouri/st-louis/

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1 Answer | Asked in Constitutional Law for South Carolina on
Q: Is there a lawyer that will help me with violation of religious freedom from VA.

I was forced to attend 12 Step / AA religious programs for 62 hours a week for 9 month, under a largely publicly funded VA program. I had to do this horrible religions, and forfeit contact to the outside world (such as going to San Diego State University for several months. I needed food, water and... View More

Brian Lehman
Brian Lehman
answered on Jan 9, 2017

You could consider contacting this organization, Freedom from Religion Foundation, or reporting what happened to you: https://ffrf.org/legal/report

That organization has specifically written about court-mandated AA meeting violating the constitution here:...
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1 Answer | Asked in Internet Law and Juvenile Law for Ohio on
Q: A 17 year old harassing my 15 year old and plans on fighting her.. what can I do about this?
Brian Lehman
Brian Lehman
answered on Jan 9, 2017

Ohio Revised Code, section 3313.666. The law prohibits harassment, intimidation, or bullying in schools. It is entitled, "District policy prohibiting harassment, intimidation, or bullying required."

You can contact the principal or the police. The Ohio Bar has this publication...
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1 Answer | Asked in Juvenile Law for New York on
Q: My son was accused of cyber bullying should I bring an attorney to the proceedings?
Brian Lehman
Brian Lehman
answered on Jan 9, 2017

Yes, especially if the proceedings are criminal. You didn't say who accused him of the cyber bullying. If it was the state, and this is a criminal case, you should get a lawyer immediately. Here is a link to a website that provides an overview of cyberbullying in New York (note, it goes to... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Mexico on
Q: Who is responsible for a broken window. We (renter) did not cause it, but noticed it was broken and reported it.

When cleaning the home, prior to vacating after lease termination, we(renter) found one of the exterior windows(double pane) had a diagonal crack from one corner to the other. We did not cause it and the window frame as well as window appear to be old.

Could you please provide a statute to... View More

Brian Lehman
Brian Lehman
answered on Jan 9, 2017

You probably need to say the city or county to answer this question, because it appears to depend on local housing codes that impose duties on landlords that tenants may enforce. In Albuquerque, the local codes state: "The windows and doors are reasonably weather-tight and, and are kept in... View More

1 Answer | Asked in Criminal Law, Collections, Legal Malpractice and Small Claims for Kansas on
Q: I have so many questions.

I was recently caught shoplifting at Walmart. They took down my information and told me please do not ever steal from them again and that they will not be banning me from the store and that I was free to go. I got something in the mail to pay a $150 fine and I paid it right away. Now I got another... View More

Brian Lehman
Brian Lehman
answered on Jan 8, 2017

If you are being told to go to court, then yes you are being charged. This is not a civil case from what I can tell. Contact a criminal lawyer immediately in your area. If you go to court, do not say anything except you want a lawyer. Posting on this board is not sufficient to give you the help... View More

1 Answer | Asked in Civil Rights and Libel & Slander for California on
Q: we are a non profit swim team that wants to sue the County parks and recreations. What type of lawyer do we need? thanks

Our team is formed of all 100% Latino children and youth from low income families in the South Central area. We need help. We were being forced to join a new swim team or move somewhere else with our current team. We were forced to relocate to another pool even though this is our community pool. We... View More

Brian Lehman
Brian Lehman
answered on Jan 8, 2017

Without knowing what harm you have suffered or what relief you want, a lawyer cannot tell you what lawsuit you could, or could not, bring. What is it you want to accomplish with the lawsuit? Maybe repost with more facts?

2 Answers | Asked in Family Law and Child Custody for Arizona on
Q: Can I move to a different city if it is within the same state?

Me and my ex have 50/50 custody of our son. We have a signed and notarized agreement stating our son will stay with me during the school year, and will visit his dad during school breaks. We both live in Arizona and have been residents of this state for a year. Can I move to a different city, but... View More

Brian Lehman
Brian Lehman
answered on Jan 8, 2017

So much of this would depend on what the agreement says and also how the judge would react. That also depends on how far away the move is -- Arizona is a big state. If you have a lawyer, my advice would be to ask them to negotiate an agreement with your ex-spouse or, if that can't be made,... View More

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1 Answer | Asked in Traffic Tickets for Georgia on
Q: 40-6-122 Starting parked vehicles what is the law for that?

That was my violation

Brian Lehman
Brian Lehman
answered on Jan 8, 2017

"No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety." http://law.justia.com/codes/georgia/2010/title-40/chapter-6/article-6/40-6-122

I gather that the officer is accusing you of starting it when...
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1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: if you found a dog 4 months ago and the owner is claiming him. will I have to give him back
Brian Lehman
Brian Lehman
answered on Jan 8, 2017

You are in Tennessee, but here is what a court in Vermont said: "The value of a pet to its human companions has already been noted.   Accordingly, apart from providing care and shelter, finders of stray pets should also be encouraged to make every reasonable effort to find the animal's... View More

1 Answer | Asked in Constitutional Law for New Jersey on
Q: Is there a civil rights violation when there is a continuous deprivation of a protected property; a driver's license?

Would this be under the discovery rule or would this be a continuous violation? As the continuing need for a driver's license is essential to one' livelihood.

Brian Lehman
Brian Lehman
answered on Jan 8, 2017

I think you are confusing some concepts in law -- and that's okay as you are not a lawyer. When defendants assert a statute of limitations as a defense, there are two doctrines that may be to plaintiffs to avoid the defense and thereby extend the time during which claims may be brought: (1)... View More

2 Answers | Asked in Contracts and Personal Injury on
Q: My son is going on a ski trip organized by a company that takes care of all the arrangements. The waiver states that the

company will not be liable for injury or death even due to their action or inaction. Would this hold up in court?

Brian Lehman
Brian Lehman
answered on Jan 8, 2017

The answer to this question would depending on a lot of specifics including (1) what state are you in, (2) how old is your son, and (3) hypothetically (thankfully) how did the death occur. Here is a link to an article entitled, "Validity and Enforceability of Liability Waivers on Ski Lift... View More

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1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: Hi, I need to know how to appeal a decision to circuit court from the Office of Appeals and Hearings?
Brian Lehman
Brian Lehman
answered on Jan 7, 2017

Here is what this website says:

http://www.dfa.arkansas.gov/offices/policyAndLegal/Pages/hearingsAppeals.aspx

Appeals of Administrative Decisions and Revisions to Circuit Court under the Arkansas Tax Procedure Act

"To appeal a Notice of Final Assessment (issued after...
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1 Answer | Asked in Libel & Slander for Arkansas on
Q: My husband was cheating on me with the manager at rent a center were I am leasing my furniture. She was fired from her

Job and is accusing me of getting her fired. I spoke with her regional manager and he advised me to file slander charges against her becauseshe knows why she got fired but Arkansas doesn't have slander charges. She is mad because I told her co worker that she slept with my husband but this... View More

Brian Lehman
Brian Lehman
answered on Jan 7, 2017

Some quick research shows that Arkansas does have a slander cause of action: http://law.justia.com/codes/arkansas/2010/title-16/subtitle-5/chapter-63/subchapter-2/16-63-207

You may have meant that in Arkansas, there is no defamation per se. That means you must prove actual damages as a...
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1 Answer | Asked in Federal Crimes for Illinois on
Q: If you get investigated by a federal agency but don't know why, should you cooperate with them?
Brian Lehman
Brian Lehman
answered on Jan 7, 2017

Whenever you are investigated by a federal agency, get a lawyer who knows that agency. You can make an informed decision about whether to cooperate with them with your lawyer, but that's not the kind of thing you want to do on your own.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Hi, I bought a puppy in Florida in May 2015. I was not given a health certificate as one was not done.

I was given a certificate stating the breed of the parents and a receipt for payment, They also sent me a text after I had the vet check done that they will adjust their paperwork. I just had a DNA done and the breed is not what they told me. Is it to late to pursue this with them?

Brian Lehman
Brian Lehman
answered on Jan 6, 2017

Depending on the type of case or procedure, Florida's statutes of limitations range from two to four years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong. Regardless, you are within two years but you should consult an attorney... View More

1 Answer | Asked in Family Law for California on
Q: Are Minister liscenses from American Marraige Ministries legal to use in CA to perform marriages?

I obtained this license in order to officiate at my granddaughter's wedding. Please advise.

Brian Lehman
Brian Lehman
answered on Jan 6, 2017

I'm quoting from another attorney that I found when researching: "Family Code, Sections 400-402 are the statutes pertaining to whom can solemnize a marriage in California. As Edna pointed out, most states don't keep a record of who is an ordained minister, it's up to you to... View More

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Landlord wont refund application fee, agent knew was already occupied.

Agent and I discussed one particular apartment unit I wanted to rent. The leasing agent told me to submit and pay $45 for the application for that apartment. They later told me the apartment had already been leased to someone else a few days before my application was requested. Before knowing... View More

Brian Lehman
Brian Lehman
answered on Jan 6, 2017

Application fees are for the application, not the apartment. You would need to enter into a contract with the landlord for the apartment also. Without knowing all the facts, my sense is that what the landlord did is legal.

In general, application fees are legal if they relate to actual...
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1 Answer | Asked in Immigration Law and Criminal Law for Arizona on
Q: My mom came here 26 years ago she has a clean record no crimes I support her I am 23 we have custody of my niece

Is there any way she can avoid the 10 year punishment since we have custody of my niece and she has a clean record? Or will she have to do that punishment

Brian Lehman
Brian Lehman
answered on Jan 6, 2017

You would need to provide more information for an attorney to be able to give you an accurate answer. And, as you will here many people say, you should contact an experienced immigration lawyer. Here is a list of immigration lawyers who have listed themselves on Justia (this website):... View More

2 Answers | Asked in Immigration Law for Michigan on
Q: green card by employer

i want to know the cost and the process

Brian Lehman
Brian Lehman
answered on Jan 6, 2017

The other attorney is correct. Your best step is to contact an experienced immigration lawyer. Here is the list of lawyers who have signed up onto Justia in your area: https://www.justia.com/lawyers/immigration-naturalization/michigan/traverse-city

Each attorney is allowed to charge...
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