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Questions Answered by Brian Lehman
1 Answer | Asked in Animal / Dog Law for Pennsylvania on
Q: A neighbors dog came onto my porch and stole one of my husbands shoes. Can I have the neighbor replace the property?
Brian Lehman
Brian Lehman
answered on Jan 29, 2017

"All dogs must be under control and must not be allowed to run at large. Dogs are personal property, and owners are responsible for damages caused by their dog."

http://www.agriculture.pa.gov/Protect/DogLaw/PA%20Dog%20Licensing/Pages/default.aspx

1 Answer | Asked in Family Law for Arkansas on
Q: i was wondering how I would termaite my child's father rights

I have an Order of protection against my child's father because when I was pregnant he threaten to kill me and my unborn child and I was wanting to terminate his parental rights because he threatened me before telling if he didn't see his child he would hurt me and he does drugs and I... View More

Brian Lehman
Brian Lehman
answered on Jan 28, 2017

You will definitely need a lawyer's help. Here is a list of family lawyers near you: https://www.justia.com/lawyers/family-law/arkansas/monticello

From my research, it looks like there are only two methods are available to terminate a person's parental rights in Arkansas: (1)...
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1 Answer | Asked in Family Law and Juvenile Law for Indiana on
Q: If I will be 18 on march 15 can I my mother report me as a runaway?

She keeps telling me this even when I haven't tried to runaway and i don't know what I can do or if I can get out if her house

Brian Lehman
Brian Lehman
answered on Jan 28, 2017

First, before doing anything drastic, I recommend reaching out to social services or an organization that might help you out. Any young person is at an increased risk for all sorts of bad things, and it's wise to ask people for help.

With that said, the law that applies in Indiana is...
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2 Answers | Asked in Criminal Law for California on
Q: How serious is this crime ? I bailed my girlfriend out of jail and the bail officer called me to go pick her up !!!

I'm an ex felon on parole, I had no idea I wasn't allowed to pick her up...I went to court and the charges were never filed ,so I thought it was over with...then I see a warrant for $175.000 for the same charges

Brian Lehman
Brian Lehman
answered on Jan 28, 2017

It isn't clear what happen here. If the government never filed charges, or dropped them, then there is no need for bail. Are you able to give some more details?

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2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Just out of curiosity how often do first time offenders for a Misdemeanor 1 theft receive jail time?

Just out of curiosity how often do first time offenders for a Misdemeanor 1 theft receive jail time? was originally a felony of the 3rd degree but got bargain down to an open plea to an M1 theft,

- first time offender, no prior criminal record not even as a juvenile, sentencing guidelines... View More

Brian Lehman
Brian Lehman
answered on Jan 28, 2017

What is the prosecutor asking for? Since it is a plea, what the government is seeking is important.

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2 Answers | Asked in Car Accidents for South Carolina on
Q: I was on a car accident where I wasn't at fault. I'm uninsured can I be sued?
Brian Lehman
Brian Lehman
answered on Jan 28, 2017

Yes, you can still be sued.

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1 Answer | Asked in Traffic Tickets for California on
Q: [CA, US] What is the best way to prevent getting violation points added in my driving record after getting ticket?

I got 21461 violation and it was my fault in California. I’m rule oriented individual, I follow speed limit, keep distance, etc. This is a very very rare case that I messed up where I did not fully come to a halt when turning right while it was red when there was no cars around except the police... View More

Brian Lehman
Brian Lehman
answered on Jan 28, 2017

In my experience, the best approach is to get a lawyer who is in that court a lot and specializes in this area of law. There are many reasons for this but I would just find a lawyer and pay a flat fee to him or her.

1 Answer | Asked in Education Law for Ohio on
Q: Are teachers allowed to let students pass out tests after they are graded and in the grade? Or would this violate FERPA

A teacher lets students pass out tests/ exams after they are graded and in the education documentation for grades. This would violate FERPA right? I know of the supreme court case against the school district for peer grading but the supreme court dismissed it because it was not in the grade record... View More

Brian Lehman
Brian Lehman
answered on Jan 27, 2017

You are referring to Owasso Indep. Sch. Dist. No. I-011 v. Falvo, 534 U.S. 426 (2002). I don't read your facts as a violation of FERPA. Here's why. Under the Act, "federal funds are to be withheld from school districts that have `a policy or practice of permitting the release of... View More

2 Answers | Asked in Divorce for New Jersey on
Q: While I was married I was in a car accident.We're divorced now.Is my EX wife entitled to money from the settlement?

I am in the process of getting the settlement money from the accident. Am I legally responsible for sharing that money with her? She was NOT in the car accident. We were married at the time of the accident.

Brian Lehman
Brian Lehman
answered on Jan 27, 2017

Assuming that you did not go to trial on your divorce, there would have been a settlement entered into by the court. It would depend on what that settlement said -- did it say she would get 50% of proceeds or anything else? I'd be surprised if it did or if you owe her any part of it since... View More

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1 Answer | Asked in Appeals / Appellate Law for New York on
Q: How do I appeal a decision about child support? I think it's too high.
Brian Lehman
Brian Lehman
answered on Jan 27, 2017

Here is a good guide to appealing a child support decision: http://www.spodeklawgroup.com/guide-to-filing-a-family-court-appeal-in-new-york-state/

"If you want to appeal a child support order, you need first file objection to a support magistrate’s decision and request that a Judge...
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1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: I was arrested for attempting to enter my rental property with my key when the tenant was supposed to be gone due

to nonpayment of rent for 4 months. I did not enter the dwelling, but simply stayed on the front porch talking to the tenant's boyfriend, who is not on the lease, and he pushed me twice to make me fall off the porch. He was not charged with assault. Can I sue the police dept

Brian Lehman
Brian Lehman
answered on Jan 27, 2017

It is traditionally very hard to sue the police, particularly because there is a well-established principle that they can use their discretion to decide who to arrest. One area of law to check out is "selective enforcement" where you would be alleging the police arrested you but not the... View More

2 Answers | Asked in Criminal Law for Utah on
Q: Hypothetically If a man witnesses a rape and gets the court involved, is the victim able to drop any charge

If so by what law?

Brian Lehman
Brian Lehman
answered on Jan 27, 2017

No, assuming that the court you mean is a criminal court. Crimes are committed against the state, and the victim is a witness. The prosecutor (for the state) has the discretion to ask for the case to be dismissed and the victim's opinion may be considered, but there is no law that requires it.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Can you occupy a rental property in the state of Georgia without running water?
Brian Lehman
Brian Lehman
answered on Jan 26, 2017

The owner is not allowed to rent it if the property is uninhabitable. Lack of running water makes it uninhabitable. Here is the Georgia Landlord-Tenant handbook:

http://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I signed a 1-year lease. My landlord has changed. Am I required to sign another lease? it is not stated in my current,

My lease requires landlord to notify if any change of address or identity to landlord agent, but it does that my current lease will be null/void. Am i required to sign a new lease? Or does the new agent have to honor my current lease?

Brian Lehman
Brian Lehman
answered on Jan 26, 2017

When a property changes ownership, the new owner is bound by the terms of the lease in place unless there is specific language that states otherwise in the contract you signed.

2 Answers | Asked in Criminal Law for Tennessee on
Q: What is minimum and maximum jail time for attempted aggravated robbery in tn

My brother n law is charged with it his friend that was with him has wrote a statement against him what is his best option on this

Brian Lehman
Brian Lehman
answered on Jan 26, 2017

" A conviction of aggravated robbery carries a range of imprisonment of 8 - 12 years as a standard range I offender. A person must serve at least 70% of the sentence before the defendant is eligible for parole."

Source:...
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2 Answers | Asked in Contracts on
Q: Hey I own a record company and I signed a contract with a 17 year old and he's bridging a section, can I sue???
Brian Lehman
Brian Lehman
answered on Jan 26, 2017

Do you mean "breaching a section" of the contract of is "bridging a section" a term of art in the industry? I'm assuming you mean he isn't abiding my the terms of the contract. If so, yes, you can sue him.

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2 Answers | Asked in Criminal Law for Ohio on
Q: what happens when a person is charged with criminal damages under 500 dollars

the person pleaded not guilty on first appearence

Brian Lehman
Brian Lehman
answered on Jan 25, 2017

Only a local criminal attorney who repeatedly appears in that court can give you a good answer. Too much depends on the prosecutor and what the prosecutor wants to offer as a plea.

In most circumstances criminal damaging and endangering is a second degree misdemeanor which carries a...
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1 Answer | Asked in Internet Law and Consumer Law for California on
Q: Can the maker of a phone app deactivate data that was sold during a subscription period once said period expires?

I purchased a phone app in 2012. Over the course of 5 years, the subscription changed to allow me to download maps to be used on my phone to make it function like a GPS device. I've acquired years worth of hiking/backpacking data on the app with waypoints and bread-crumb trails that took... View More

Brian Lehman
Brian Lehman
answered on Jan 25, 2017

It's helpful if you put which app, because it may be contract specific. Feel free to reach out to me also. This is an interesting question.

2 Answers | Asked in Car Accidents and Traffic Tickets for Ohio on
Q: Daughter goes to college in Ohio ( from Michigan ) hit the back of a car ( her fault and her car towed ) what fine etc

Will she have ? Should she plead not guilty and go to court ?

Brian Lehman
Brian Lehman
answered on Jan 25, 2017

A local lawyer will be able to tell you the benefits of fighting it. There may be defenses that you haven't thought of and that make it unnecessary to say whose fault it is. Personally, I'm betting it is worth it to get a lawyer.

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2 Answers | Asked in Contracts and Consumer Law for New York on
Q: If a buyer signs a contract but the seller doesn't is the contract (agreement) still valid?

A sales person sold me a water filter, I sign the contract. He, on the other hand, did not, later on, they took a large sum of money from my bank account. On my copy of the contract he didn't sign, but on his, it shows that he did. Is the contract still valid?

Brian Lehman
Brian Lehman
answered on Jan 25, 2017

In New York, a contract is binding if there is an offer, acceptance, consideration, mutual assent, an intent to be bound, and both sides agree on all of the essential terms. Parties can enter into a binding contract even without committing their agreement to a fully executed written document.... View More

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