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Questions Answered by Brian Lehman
1 Answer | Asked in Divorce, Consumer Law and Real Estate Law for Texas on
Q: I was in federal prison when my husband filed divorce he got the house I'm still on the loan how do I get off of it
Brian Lehman
Brian Lehman answered on Mar 5, 2017

The loan and the division of assets are different issues. I would recommend talking with a lawyer about filing a motion with the court that requires your husband to take over your liability on the house. However, because the loan was from the bank, I do not believe there is anything more you... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How to handle people who won't leave a home the leased tenant moved out of?

These people moved in with a leased tenant and the leased tenant left. They refuse to leave and claim to have paid bills but can provide no proof. I am a brand new "mobile home park manager," and I don't know how to handle the situation. Rumors are flying that they've been... Read more »

Brian Lehman
Brian Lehman answered on Mar 5, 2017

You need to get a court order. Your first step is contacting a lawyer, I think.

www.lehmanlawgroup.com

1 Answer | Asked in Criminal Law and Consumer Law for New Hampshire on
Q: I have an ex-husband claiming to have 'banned' me from my favorite restaurant, police have not contacted me am I banned?

He does not work there, he just goes there often, and sees me there on occasions, we do not speak to each other, I do not cause problems, he claims he is close with the manager and that is how he has gotten me 'banned' So, do, I need to stop going to the restaurant? Is there further... Read more »

Brian Lehman
Brian Lehman answered on Mar 5, 2017

There are two ways you can be banned. First, a court may issue an order restraining where you can go. That did not happen here based on what you wrote.

Second, if the restaurant is on private property, the owner or the owner's agents (perhaps the manager) can tell you not to go on...
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1 Answer | Asked in Workers' Compensation for Florida on
Q: What does this mean

unopposed Motion to Substitute Private Mediation. What does this mean?

Brian Lehman
Brian Lehman answered on Mar 5, 2017

you did not include a question here

2 Answers | Asked in Appeals / Appellate Law, Consumer Law and Civil Litigation for Virginia on
Q: How can a dismissal for improper venue be overturned after Appeals Court affirmed?

Can the District and Appeals Court judgment be overturned in the Supreme Court of the US through a Writ of Certiorari?

Brian Lehman
Brian Lehman answered on Mar 5, 2017

If you did not file a motion for the district court to change venue, then there is nothing for the appellate court to review.

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1 Answer | Asked in Criminal Law for North Dakota on
Q: We got pulled over and they found a half of a pill under my butt and they are charging both of us and its not my car

Can they charge me if it's not my car and I didn't know it was there is that right?

Brian Lehman
Brian Lehman answered on Mar 4, 2017

Yes, that is enough evidence to establish probable cause of a crime being committed. Whether it will be sufficient to prove the specific crime beyond a reasonable doubt is a separate question. I would recommend not making any statements to anyone but your lawyer. If you cannot afford one, you... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: I was just released after serving 6 months.. Before I was arrested for that I owed a different court 350 bucks.

Today I received a straight warrant for not paying the 350. I am on probation but I didn't know how long I had to pay the money. My case worker only said I had till next year but no specific date. I can pay the money right away but will this effect my probation even though this is for... Read more »

Brian Lehman
Brian Lehman answered on Mar 4, 2017

The question "willl this effect my probation even though this is for something I was arrested for BEFORE I did 6 months for a different charge" is something that, in my experience, only an attorney who practices in that court and before those judges can answer. I highly recommend seeing a lawyer.

1 Answer | Asked in Child Custody, Child Support, Family Law and Health Care Law for Pennsylvania on
Q: My exhbd & I share custody 50/50 w/no court agreement, I pay for our childs health care & her bills can i get support?

Idk how much he makes. He is remarried & has a mortgage in her name. Can i still qualify for support?? I rent my place.

Brian Lehman
Brian Lehman answered on Mar 4, 2017

To get an answer to this question, you really need to talk to a family lawyer near you. There are a number of questions that a lawyer needs to ask to give you an answer and explain how to achieve your goal of getting support.

1 Answer | Asked in Legal Malpractice for Washington on
Q: I was told that ethics complaints with Bar association rarely work, what can I do so my concerns are really heard?

A lawyer withdrew from my case after he continued trial 4 times which took 2 years and at the the time of trial he said your case is not worth trial and you should accept settlement offer...He did not even really review my case all these 4 times and finally withdrew.

Brian Lehman
Brian Lehman answered on Mar 4, 2017

In my experience, the reason why ethics complaints often do not result in a negative result is that the person filing it does not fully understand the jurisdiction of the bar association or the rules that apply to the alleged facts of the situation.

With that said, former hearing officers...
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1 Answer | Asked in Adoption for Georgia on
Q: I have 100 percent full custudy of my 16 year old daughter me andher step mom wants her to adopt her how do we do so.

My dsughter will be 17,within a week from to today her birth mother hasnt seen or contacted us in over 10 years iv remarried when she was 7 shes always referred to my wife as her mother we dont treat it any different except it being legal on paper what are the steps to do so here in ga

Brian Lehman
Brian Lehman answered on Mar 4, 2017

Here are some sources that may help you:

https://apps.hr.emory.edu/register/download?event=306&file=Adoption+in+Georgia+Presentation+Workshop.pdf

https://stearns-law.com/resources/blog/adoption/how-does-stepparent-adoption-work-in-georgia

Short answer: "After...
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2 Answers | Asked in Traffic Tickets for Illinois on
Q: Do speeding warnings in IL impact insurance rates?
Brian Lehman
Brian Lehman answered on Mar 4, 2017

It's unclear what you mean by warning. If you mean an informal warning from a police officer without a ticket, then I can't see how the insurance company would ever know and, thus, there would be no impact.

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4 Answers | Asked in Child Support for New York on
Q: I am going through a divorce and want to ask for child support. Does it matter that I make a really good income?
Brian Lehman
Brian Lehman answered on Mar 4, 2017

Yes that is one factor that the court will consider. There may be other factors that go into the court's consideration or other forms of support you can receive including through settlement. If you would like a referral, you may contact this firm through its website.

www.lehmanlawgroup.com

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I am active duty military retiring 31AUG with a lease until 31JUL . Can I end my lease a month early on 01JUL17? Thanks!

I'm currently under a rental lease extension through 31JUL17. However I will retire effective 31AUG17 after 20 years of service and will move back to WA state end of June. I will have military orders releasing me from active duty.

I just wanted to know if I can terminate my lease a... Read more »

Brian Lehman
Brian Lehman answered on Mar 4, 2017

You can always commit an efficient breach, which is voluntary breach of contract and payment of damages by a party who concludes that they would incur greater economic loss by performing under the contract.

In the context of a rental, you give notice to your landlord that you want to move...
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1 Answer | Asked in Traffic Tickets for Louisiana on
Q: I got a ticket a month ago for 12 miles over limit but got one for 23 mph over today! first ones! File article 894??

Was running late for work, I know it's not an excuse though. Single father supporting 2 kids and ins mo premium already 180... jumped up 33% when I renewed. No previous violations and can't afford ins increase. Would article 894 help?

Brian Lehman
Brian Lehman answered on Mar 4, 2017

I would highly recommend contacting a local attorney who specializing in traffic law as well as criminal law. There may, in fact, be other alternatives such as art. 892.1. Here is the statute:... Read more »

1 Answer | Asked in Family Law for Mississippi on
Q: If my child's father is incarcerated at the time of my child's birth can I still give the baby his last name?
Brian Lehman
Brian Lehman answered on Mar 4, 2017

Yes. The father does not have to sign birth certificate, and you can put his name on it no matter where he is.

www.lehmanlawgroup.com

1 Answer | Asked in Criminal Law for North Carolina on
Q: Is it legal for police to search hotel room without permission or without a warrant because of statement from the maid

Who entered the room before the designated time granted by hotel staff for late checkout

Brian Lehman
Brian Lehman answered on Mar 4, 2017

Probably, although you did not give enough facts to make a complete judgement and, I believe, a full consultation would be needed. The maid's statement would give probable cause and the police can enter on the "emergencies/hot pursuit" exception to the warrant requirement.... Read more »

1 Answer | Asked in Divorce and Family Law on
Q: do i have to do a legal divorce paper if we are seperated for more than 12 years?

We did a financial agreement ( because I was worried as he gambling habits were getting more serious) a year before we seperated and was recorded in court.

Brian Lehman
Brian Lehman answered on Mar 4, 2017

No, you still need a court order dissolving the marriage. In many states, the separation is the precursor the divorce (you did not list the jurisdiction). But it does not constitute the divorce order itself. www.lehmanlawgroup.com

2 Answers | Asked in Immigration Law for Texas on
Q: My friend got deported today due to owing tickets how long will it take for immigration to send her to mexico?
Brian Lehman
Brian Lehman answered on Mar 1, 2017

Your friend may still want to contact a lawyer as there may be defenses to raise. "The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being... Read more »

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1 Answer | Asked in Criminal Law for Ohio on
Q: I Am 16 Years Old, I'll Be 17 In 6 Months and My Boyfriend Will Be 20 in a Month is That Illegal For Us To Date ?
Brian Lehman
Brian Lehman answered on Mar 1, 2017

Assuming by date you mean have a sexual relationship, it is legal for you to date. "The Ohio Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity.... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Gave dirty urine fam crt. I already gave 1 clean how many more will it take?

Gave dirty urine family court AFTER I lost full custody to visitation. I already gave 1 clean how many more will it take?

Brian Lehman
Brian Lehman answered on Mar 1, 2017

The answer to this question is determined in large part by the specific judge and court you are in front of. I would recommend talking to a lawyer who practices often in that court and perhaps even in front of that judge.

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