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Questions Answered by Brian Lehman
1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Whats the chances of the da getting a conviction on a dv case if victim comes forward and admits she falsh reported.

Does that bring doubt and make the case weak. Does that bring reasonable doubt.

Brian Lehman
Brian Lehman
answered on Feb 16, 2017

It depends on what other evidence the prosecutor and whether the prosecutor can undermine the credibility of that witness (even if the person is the victim). It would not, by itself, be sufficient for reasonable doubt as a matter of law. It would be sufficient for a jury to find it, however. For... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Im a tenant and my landlord is accusing me of breaching my lease. I got a certified letter from a lawyer. I just respond

ed to the letter. What next?

Brian Lehman
Brian Lehman
answered on Feb 16, 2017

You probably need to give more facts before someone can answer this question. For example, what was the alleged breach?

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: My ex girlfriend who was pregnant with my child left the state to California what can I do to be able to see my child?
Brian Lehman
Brian Lehman
answered on Feb 16, 2017

You need to get a court order requiring visitation. You should really talk with a lawyer about the facts of the case and go from there.

2 Answers | Asked in Child Custody and Child Support for California on
Q: i was illegally served or never served my child support papers.. what can I do to have my payments dismissed.

and have my license re issued to me.

Brian Lehman
Brian Lehman
answered on Feb 16, 2017

I would recommend talking with a lawyer who could make a motion to vacate the order for failure to properly serve. Here is a post on service in California: http://www.courts.ca.gov/selfhelp-serving.htm

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can landlord kick minor children out the property if the parents did not pay the money and are away in a foreigb country
Brian Lehman
Brian Lehman
answered on Feb 15, 2017

The landlord *must* have a court order to evict anyone. The fact that there are minor children does not change that fact, but obviously could trigger other government responses (like child welfare organizations getting involved).

On eviction, you can read this guide:...
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1 Answer | Asked in Criminal Law for Ohio on
Q: A 21(M) has consensual sex with a 16 (F). Legal, or will he get hit with contributing to the delinquency of a minor?
Brian Lehman
Brian Lehman
answered on Feb 15, 2017

Is the 21 year old male in a position of authority over the 16 year old male. The crime here is statutory rape (not delinquency of a minor). Here is what an Ohio law firm has written:

"The age of consent for sex in Ohio is 16.

If a person is 18 years of age or older, then it...
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1 Answer | Asked in Immigration Law for New York on
Q: My husband is applying for an O3 visa to come to the US. What should he say at the interview?

My husband's "I" visa was denied last year (214b) in his home country, Spain. Now, he is applying for an O3 visa to come stay me in the US for 6 months. What should he say at the interview if they ask him:

1) How long is he going to stay in the US or what is he going to do... View More

Brian Lehman
Brian Lehman
answered on Feb 15, 2017

If you can afford a lawyer, get one for the interview. With that said, here is what one law firm that specializes in O-Visas wrote:

An O-3 Visa is a US Visa granted to families of O-1 or O-2 Visa holders, allowing them to accompany their relative to the US. It is not a work visa. Although...
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1 Answer | Asked in Domestic Violence for Texas on
Q: My spouse is on probation for dom. vio, we are together but lately he has become abusive again. Can I have is proba rev

He qualified for PTI but failed to complete the terms. He is now on full blown probation which is suppose to end in may but he hasn't paid the majority of his fines, has only completed 6hrs of the 80hrs of community service and hasn't completed any of the mandatory classes. He threw a... View More

Brian Lehman
Brian Lehman
answered on Feb 15, 2017

The short answer is you can't have his probation revoked but giving such evidence to his PO could easily result in revoking or even new charges.

I also recommend two things: (1) Contact a criminal defense attorney to understand the consequences of revoking and whether there are...
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1 Answer | Asked in Child Custody and Juvenile Law for Tennessee on
Q: Can a 15yr old legally move out?

They're these 15yr old twins that will turn 16 in July can they legally move out of their house

Brian Lehman
Brian Lehman
answered on Feb 15, 2017

First, note that the National Runaway Safeline is a resource for runaway teens and homeless youth who are in need of help. Any person who is 15 or 16 and seeking to live on their own is a target for criminal activity, and the danger they are in should be taken very seriously. For information,... View More

1 Answer | Asked in Criminal Law and Personal Injury for Minnesota on
Q: MN drinking laws for minors

In Minnesota, if an adult is in the presence of a minor drinking and has reasonable knowledge that this minor is drinking, could they be held legally liable for the minor drinking? The adult is not furnishing the alcohol, handling the alcohol, and the social event is not held on the adult's... View More

Brian Lehman
Brian Lehman
answered on Feb 15, 2017

You want to research "social host" laws or ordinances, although if you are thinking of a specific incident reach out to an attorney. Anything involving alcohol and minors is serious.

Since you did not specify the city, a specific answer is not possible. Minnesota Statute...
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2 Answers | Asked in Wrongful Death for Kentucky on
Q: Was I entitled to any of the estate of my minor daughter that passed away from her injuries due to the car accident.

Case Description

On August 12th 2012 I was involved in a single car accident. It was just myself and my daughter in the car. My 5 year old daughter was severely injured. She passed away 3 months later due to her injuries. I was covered thru progressive under my husband at the time. Shortly... View More

Brian Lehman
Brian Lehman
answered on Feb 15, 2017

You should contact a lawyer and go through the facts of this case. You listed Kentucky, which has a one-year statute of limitation in which to bring a personal injury lawsuit. Ky. Rev. Stat. § 413.140(1)(a). Based on these facts, claims that your daughter's estate may have had against the... View More

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1 Answer | Asked in Traffic Tickets for Ohio on
Q: In Ohio, do you have to stop when a funeral procession is in the oncoming traffic lane?

Without a police escort, is it required that oncoming traffic stop for a funeral procession, or is it actually impeding the flow of traffic?

My question mostly applies to two lane rural roads. Many people stop for an oncoming procession (having nothing to do with right of way), and I find... View More

Brian Lehman
Brian Lehman
answered on Feb 15, 2017

You do not have to stop, but you must yield the right of the way to the procession (which may often mean stopping):

It says drivers have to yield the right-of-way to each vehicle that is a part of a funeral procession.

For example, once the lead car in the funeral procession enters...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: There's a horrible smell in my new apartment landlord says I must hire someone to find the source is this true

It's like something is dead in the walls or under the trailer home. It was there when we moved in.

Brian Lehman
Brian Lehman
answered on Feb 13, 2017

The landlord is responsible for providing a place in a safe and habitable condition. The smells arguably makes it uninhabitable. Here is the Georgia Handbook on Landlord-Tenant rights that may be helpful:

http://www.dca.state.ga.us/housing/housingdevelopment/programs/LandlordTenantHandbook.asp

1 Answer | Asked in Criminal Law for Colorado on
Q: can the police come to a residence 2 separate times, 7 hours in between, on a single search warrant?

they came to my rresidenced at approx. 3am went into my backyard to disconnect my internet and to cut cables to my security cameras, then they came at 10;10 am to execute the seasrch warrant.

Brian Lehman
Brian Lehman
answered on Feb 13, 2017

Definitely get a lawyer on this one. Very interesting question, particularly given the cutting of the cables to the security cameras. Email me (contact on my website) if you want help finding a lawyer.

1 Answer | Asked in Constitutional Law for Arkansas on
Q: Is 'mooning' a constitutionally protected form of free speech in Arkansas?
Brian Lehman
Brian Lehman
answered on Feb 12, 2017

Since the 1st Amendment is part of the federal constitution, the location does not matter (i.e., Arkansas) since the law would apply everywhere (unless, you are asking about the Arkansas Constitution which could give even more protection).

Today, someone posted this one reddit (perhaps...
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2 Answers | Asked in Contracts for Illinois on
Q: When you buy something from someone and they lie to you and give you something else what can i do

I bought a mac mini and the person told me it was a 2010 but when i got home and turn it on it said 2005 can i get my money back legally if i have proof i purchase it from him? And that it was supposed to be 2010 not 2005?

Brian Lehman
Brian Lehman
answered on Feb 12, 2017

Yes, you would argue fraud or misrepresentation occurred so the contract should not be enforced by a court (the contract to buy the computer). Misrepresentations occur when a party says something false such as it is a 2010 mini mac or, to use a classic example, telling a potential buyer that a... View More

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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: In Pennsylvania is a roommate or landlord legally obligated to your safety in the apartment?

My roommate is constantly setting the thermostat down to 60 when my other roommates and I leave our apartment and go to bed. I have asthma and this often disrupts my breathing and my girlfriend is prone to pneumonia. Is there any way I can force him to keep the temperature up? I'm also scared... View More

Brian Lehman
Brian Lehman
answered on Feb 12, 2017

60 is often the minimum that is allowed at night. For example, the City of Harrisburg has enacted a Housing Code which establishes minimum standards for every building used as a residence, which states landlords must "Provide heat between October 1st and May 15th at a minimum of 65° between... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Our 19 year old daughter signed a lease for an off campus house with 4 other College students and needs to get out of it

The other friends signed as well and they cannot fulfill the lease. Our daughter has never had a job, has no income, and was told she could break the lease before move in and only forfeit the deposit. Is she bound to the lease even though she has no income, and had none at the time of signing?... View More

Brian Lehman
Brian Lehman
answered on Feb 12, 2017

Yes, she is bound to it. But she can commit an efficient breach -- that is a 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.

She needs to find a new person to take over the lease and...
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2 Answers | Asked in Contracts, Products Liability and Small Claims for Louisiana on
Q: A guy broke my iphone but agreed to pay on video. He has also agreed via chat. But he is now avoiding me.

Can I sue in small claims court?

Brian Lehman
Brian Lehman
answered on Feb 11, 2017

Yes. "An individual may file any money claim under the amount of $3,000 on the Clerks Docket; all other claims are filed under the Civil Suits." https://www.lincolnparish.org/clerkofcourt/pages/civil.html

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1 Answer | Asked in Criminal Law for Connecticut on
Q: Is it legal to marry my fiance's ashes in CT
Brian Lehman
Brian Lehman
answered on Feb 11, 2017

No -- “‘Marriage’ means the legal union of two persons.” Conn. Gen. Stats. § 46b-20.

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