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Questions Answered by Brian Lehman
1 Answer | Asked in Car Accidents for Georgia on
Q: Was in wreck where I rear ended a vehicle but didn't get ticket why not
Brian Lehman
Brian Lehman
answered on Feb 4, 2017

There can be many reasons. But the police are allowed to operate their discretion and not charge someone with a crime (which is what the ticket would be for even if a minor one). Perhaps the officer exercised this discretion for his or her own reasons.

1 Answer | Asked in Criminal Law for Texas on
Q: What does recount mean
Brian Lehman
Brian Lehman
answered on Feb 4, 2017

More information is needed. You listed this under criminal law, but I don't see any obvious way to research it or answer. Could you provide more information?

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: I was car #4 in a 5 car pile up and ticketed on a 32:58. Can I request a lesser charge of following too close
Brian Lehman
Brian Lehman
answered on Feb 4, 2017

You can also try to plea for a lower charge but you would really need a lawyer for that to be effective. The reason is that there are procedures that lawyers know, among other things. Email any of these lawyers: https://www.justia.com/lawyers/criminal-law/louisiana/slidell

It also helps...
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3 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: My husband was subpoenaed to a family court hearing. His testimony will incriminate him in a crime.Can he plead the 5th?
Brian Lehman
Brian Lehman
answered on Feb 4, 2017

Yes. Definitely get a lawyer. The Supreme Court has held that the Fifth Amendment can apply to civil proceedings as well.

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1 Answer | Asked in Domestic Violence for Washington on
Q: My husband got arrested and charged for FEL VIO CRT ODR-DV AND multiple what's that mean??
Brian Lehman
Brian Lehman
answered on Feb 3, 2017

You should contact a criminal attorney in your area and go through the charges. It looks like a Violent Felony with a no contact order for domestic violence plus underlying charges. But, again, contact a criminal attorney and ask him or her what it is about and decide what you want to do.... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is there a cap amount on repairs a tenant is responsible for?
Brian Lehman
Brian Lehman
answered on Feb 3, 2017

There is no cap, but in Florida claims on security can only be for damage over "normal wear and tear" and possibly delinquent rental or late fee balances depending on the lease. Put another way, in Florida, landlords may be able to make deductions from the security deposit to cover... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If you are currently unemployed, are you still eligible to file bankruptcy.
Brian Lehman
Brian Lehman
answered on Feb 2, 2017

Yes. Some courts will also set up a payment plan for bankruptcy. If you would like a referral, feel free to email me.

1 Answer | Asked in Employment Law for New Mexico on
Q: Can employers give out your personal information

I took time off work for personal reasons and the assistant manager told managers of other businesses why i took off work and when i was coming back and all the things i was going through that i needed off for

Brian Lehman
Brian Lehman
answered on Feb 1, 2017

Generally, yes, managers can do this -- although it is not a good management practice obviously. Two exceptions would be if you have a contract with them, perhaps through an employee handbook, or if the manager is doing this to set up a hostile environment based on your sex or race or another... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Mississippi on
Q: Can a Habeas Corpus be filed on a capital murder charge. Have already done a appeal.

Was hoping to get insight on whether a Habeas Corpus can be filed once the appeal is lost on a capital murder charge. It is in the state of Mississippi. Please help

Brian Lehman
Brian Lehman
answered on Feb 1, 2017

An habeas corpus position needs a law who specializes in it. With that said, here is a paper that gives an overview: http://www.fas.org/sgp/crs/misc/RL33391.pdf

1 Answer | Asked in Immigration Law, Child Custody and Identity Theft for Alabama on
Q: How can I find out if someone is illegal or a resident?

This person has two dates of births and came from Dominican Republic with a different name. She uses different alias and her brother has been deported twice but keeps entering the United States. I wonder if she entered this country illegally also.

Brian Lehman
Brian Lehman
answered on Jan 31, 2017

There is no publicly available database or service provided by the government for such a determination. Employers can use everify: https://www.uscis.gov/e-verify

1 Answer | Asked in Education Law and Constitutional Law for Montana on
Q: I'm work in a school district and i'm looking for the montana school laws on due process. I'm completely new to this.

I had an incident happen at school and i was to know if Due process was followed?

Brian Lehman
Brian Lehman
answered on Jan 30, 2017

You would need to provide more information on what happened. Due process and its requirement can play out in a number of ways depending on what happened and who was involved.

1 Answer | Asked in Banking and Juvenile Law for Iowa on
Q: I live in Iowa and just turned 18. I have a minor bank acct. My dad won't sign over my money that I earned.

I was told that once I turned 18 I could get into my money. My dad is refusing to sign the paper as he's the custodial owner of the account. What can I do?

Brian Lehman
Brian Lehman
answered on Jan 30, 2017

There are two issues here: (1) who owns the money, and (2) how do you get it. The money belongs to the child who is now an adult. "Under terms of a state's Uniform Gift to Minors Act or Uniform Transfer to Minors Act, a custodian controls these accounts while the child is a minor. But... View More

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: I receive only a restraining order trial regarding sexual assault. The plaintiff has reported to the police.

I heard that restraining order always come with a criminal trial. However, there is no criminal trial. I am also not arrested. Does it mean there is no probable cause for police to arrest me or press charge? Can victim decide not to press charge? I mean is there a chance that she has evidence but... View More

Brian Lehman
Brian Lehman
answered on Jan 30, 2017

Crimes are committed against the state, not an individual, so only the prosecutor decides whether to "press charges" or not. My sense is that the public often thinks that individual people can decide to press charges because a prosecutor is less likely to move forward if a victim is... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: In California do you sue the Limited Liability Company or the landlord that owns it regarding a residential rental?

Can't find the answer as each state is different it seems. Does it matter if the landlord signed the lease personally? Like the lease states "Owners:" And then says the company and the landlord's name. Thanks so much.

Brian Lehman
Brian Lehman
answered on Jan 30, 2017

In my experience, all the states are the same. If the LLC owns the property, you sue the LLC. Because you said that the lease has both the company's name (i.e., the LLC's name) and the landlord, it sounds like the person signed on behalf of the company. In any event, you sue the LLC... View More

1 Answer | Asked in Copyright on
Q: if i registered a copyright of my movie script in Egypt is it protected in USA?
Brian Lehman
Brian Lehman
answered on Jan 30, 2017

"There is no such thing as an 'international copyright' that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. However, most countries offer protection to... View More

1 Answer | Asked in Internet Law for Missouri on
Q: How can I stop a survey site from sending me emails. I have tried unsubscribing numerous times and closed my account.

I have also tried contacting them and have not received any responses.

Brian Lehman
Brian Lehman
answered on Jan 30, 2017

You can contact the Federal Trade Commission ("FTC") and file a complaint here: https://www.ftccomplaintassistant.gov/

You can forward unwanted or deceptive messages to the Federal Trade Commission at spam@uce.gov. Be sure to include the complete spam email, the sender's...
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1 Answer | Asked in Divorce for Indiana on
Q: Do children over 18 have to be listed on the divorce papers or can it just say no children?
Brian Lehman
Brian Lehman
answered on Jan 30, 2017

In Indiana, parents are required to pay child support up to the age of 19. "When a child turns 19 years old, the child is emancipated by operation of law, and the non-custodial parent's obligation to pay current child support terminates. An exception is if the child is incapacitated.... View More

1 Answer | Asked in Employment Law and Sexual Harassment on
Q: I am seeing someone who is employed by the college I study at, He is 21 and I am 18.

He has no contact with students and works nights and weekends when I am not there and attends uni classes twice a week. We approached HR from the start and they said it was fine until the principal decided they weren't happy about it because college rules claim I have to be over the age of 19.... View More

Brian Lehman
Brian Lehman
answered on Jan 30, 2017

Employment in the U.S. is "at will," which means that the employer generally can fire an employee for any reason. "From a judicial perspective, the hallmark of at-will employment is that courts cannot review the employer’s decision to fire an employee. This is true because a court... View More

1 Answer | Asked in Construction Law and Criminal Law for Kentucky on
Q: If i climb a construction crane could i do jail time or just pay some fines?
Brian Lehman
Brian Lehman
answered on Jan 29, 2017

You could do jail time depending on what the prosecutor wants.

1 Answer | Asked in Real Estate Law for Florida on
Q: I need to get a loan on my already paid for house how would I go about doing that?

Me and my sister share a house but she is done with it she wants to sell the house and run I want to keep the house I have no credit and no income other then two roommates that I have lined up who will pay 500 a month each my sister wants half of what the house is worth and bills here are only 400... View More

Brian Lehman
Brian Lehman
answered on Jan 29, 2017

This isn't really a legal question but more of a finance one. You could take out a home equity loan to pay your sister. Probably hard, however, if you don't have an income. With that said, here is a list of lenders near Debary, Florida:... View More

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