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Questions Answered by Brian Lehman
2 Answers | Asked in Real Estate Law for Nevada on
Q: Does a handshake deal with, multiple witnesses and simple contrat have any legality with real estate?

The original owner has recently passed away. The property in question is about to go into probate. The execuiter has no doubt about our handshake deal with the property.

Brian Lehman
Brian Lehman
answered on Jan 24, 2017

Because it was a real estate deal, it needed to be in writing. I

Nevada’s statute of frauds is set forth in various sections of the Nevada Revised Statutes. It renders the following types of contracts unenforceable unless in writing and signed by the party against whom a claim is...
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1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: What's the difference between ms code 97-3-95 an ms code 43-47-18 (1)

It's a test question I will have in the future an I just need good wording to differentiate the two

Brian Lehman
Brian Lehman
answered on Jan 24, 2017

You want a criminal lawyer to help you if you are looking at criminal charges. With that said, the latter statute deals with sexual battery of vulnerable adult by health care employees or persons in position of trust or authority and does not appear to have an age limitation unlike 97-3-95 for... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: I was video and audio taped having consensual sex, but was unaware I was being recorded. Is that legal?

I'm in Colorado and now said recorder is blackmailing me so I'll be sexually involved with him again, or he'll disperse the video. Can anyone inform me if I can have the aid of the police or not?

Brian Lehman
Brian Lehman
answered on Jan 24, 2017

Yes, you can go to the police. Probably best to get a lawyer to begin with, but especially if the police ignore it.

It is criminal extortion when a person threatens someone in order to get that person or another person to do (or refrain from doing) something against his or will. A more...
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1 Answer | Asked in Elder Law, Traffic Tickets and Gov & Administrative Law for Pennsylvania on
Q: What is the financial penalty for Section 1571 (a) (4)

My Father-in-Law is 90 yrs. old and has dementia. Back in 2014 he received a "Notice of the Recall of your Driving Privilege" He has not sent his license in and thinks he can still drive. What is the financial penalty or is there a financial penalty for not sending his drivers license in.

Brian Lehman
Brian Lehman
answered on Jan 24, 2017

Usually $100 but it can be a misdemeanor or felony under other circumstances.

http://law.justia.com/codes/pennsylvania/2010/title-75/chapter-15/1571

(b) Penalty.--

(1) Any person violating the provisions of subsection (a)(1) through (4) commits a summary offense and shall,...
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2 Answers | Asked in Copyright for California on
Q: I wanted to know what is an affordable option in order to get my book copywriten??
Brian Lehman
Brian Lehman
answered on Jan 24, 2017

Your book receives copyright protection the moment you draft it. Copyright refers to the exclusive rights granted by law to authors for the protection of original works of authorship fixed in any tangible medium of expression. 17 U.S.C. § 102.

Here is what the USPTO says:...
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2 Answers | Asked in Traffic Tickets for Illinois on
Q: 26mph over speed limit. 19 years old. Cop said if take class dont have to go to court/no conviction.Illinois Ticket fee?
Brian Lehman
Brian Lehman
answered on Jan 23, 2017

The police aren't required to tell you the truth and may have just said something to deescalate the situation. Even if they are trying, they can still simply be wrong. Here is a list of lawyers near you who specialize in this: https://www.justia.com/lawyers/traffictickets/illinois/mundelein... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: Assault in the Third Degree?

I am 15 and my ex boyfriend faces Assault in the Third Degree charges. I have gotten access to screenshots of him asking other females to try and fight/assault me. Does this help my case in any way?

Brian Lehman
Brian Lehman
answered on Jan 23, 2017

Just to clarify, it's not your case, but rather the state's case. That is, you are a witness or victim to a crime and now, it seems, the state of Nebraska is pursuing charges against your ex-boyfriend. To be clear, your ex-boyfriend could be found guilty based on your testimony alone if... View More

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Is it legal to have green headlights
Brian Lehman
Brian Lehman
answered on Jan 23, 2017

No, at least if you turn them on when moving. "Any lamps illuminated when the vehicle is in motion, other than those expressly required or permitted by the provisions of this chapter, shall, if visible from the front, display a white or amber light; if visible from either side, display an... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Is it legal for a 16 year old male to date a 25 year old girl?
Brian Lehman
Brian Lehman
answered on Jan 23, 2017

Assuming that the dating includes sex, no -- it is illegal.

In Texas, statutory rape includes sexual penetration and sexual contact between an adult and someone younger than 18. The crime is broken into several categories, as explained below.

Sexual assault includes sexual...
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1 Answer | Asked in Criminal Law on
Q: I live in Louisiana and have been charged with Dr shopping.

My pcp informed me he would not help with Medicaid to get my heart meds approved, it made me angry cause I have had open heart surgery and another heart attack last July so I went to another Dr 2days later and he said he would help me. Short of it is they both wrote my meds one to Include klonopin,... View More

Brian Lehman
Brian Lehman
answered on Jan 23, 2017

The short answer is that you need a criminal defense lawyer. Do not make any statements to anyone other than your lawyer. Do not make any statements to the police. Only ask for your lawyer. If you are arrested and arraigned, you may spend the night in jail waiting to see a judge but still... View More

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Is there a time limit to collect money owed for back rent if it's been 2 years since ruling of magistrate?

District magistrate ruled in favor of previous landlord for money owed in back rent. Any money was to be paid to that landlord. That was 2 years ago and I have not been able to pay. Is there anything that landlord can still do to collect that money. Such as garnish wages or sheriff's sale of... View More

Brian Lehman
Brian Lehman
answered on Jan 23, 2017

Yes, the landlord has 20 years. There are generally two types of property that the judgment creditor can go after: real property, and personal property. “An execution against personal property must be issued within 20 years after the entry of the judgment upon which the execution is to be... View More

2 Answers | Asked in Criminal Law for Ohio on
Q: If my husband is serving time for a crime he plead out too, if he testifies against the other person

State of Ohio ordered him too, but hes afraid he can get more time if he is completly honest

Brian Lehman
Brian Lehman
answered on Jan 22, 2017

He should talk to his lawyer or a lawyer. He can still take the Fifth Amendment if he reasonably fears the possibility of additional criminal prosecution (i.e., he can refuse to testify). The prosecutor can then offer immunity from future prosecution related to his testimony, in which case he... View More

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2 Answers | Asked in Wrongful Death and Tax Law for Ohio on
Q: Do I have to pay federal taxes in a wrongful death settlement,Or state taxes in Ohio?
Brian Lehman
Brian Lehman
answered on Jan 22, 2017

Here is the IRS's guide on the treatment of lawsuit, settlements and awards:

https://www.irs.gov/pub/irs-utl/lawsuitesawardssettlements.pdf

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law on
Q: How much is the land tax per area at the memphis airport?

Good Morning,

We are students of the Autonomous University of Barcelona.

We are doing a job working on memphis airport and need to know the price of land at the airport.

We have found Tenn. Code Ann. Section 67-4-727, but we do not know if there is any other specific... View More

Brian Lehman
Brian Lehman
answered on Jan 22, 2017

Memphis International Airport is an airport seven miles southeast of downtown Memphis, in Shelby County, Tennessee. The Shelby County Board of Commissioners has established one tax rate for 2016 for all property owners in Shelby County. To estimate the 2016 Shelby County property tax, you need the... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Hello, my brother recently helped my partner and I by donating sperm to help us have a baby. What are my rights

What are my rights if we were to ever break up? Or if I don't have rights if she does not allow me to see the baby what are so options that I can do?

Brian Lehman
Brian Lehman
answered on Jan 22, 2017

Pennsylvania does not seem to have statutory language addressing assisted reproduction in any manner.

Pennsylvania's legislature has been studying the issue. There is an Assisted Reproductive Technologies subcommittee of the Pennsylvania Joint State Government Commission, which was...
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1 Answer | Asked in Landlord - Tenant for Delaware on
Q: My lease expired in 2015. I'm month to month now. Do I still have to give 60 days notice? Or 30?

I'm in Delaware.

Brian Lehman
Brian Lehman
answered on Jan 22, 2017

"Upon 30 days' written notice, which 30-day period shall begin on the first day of the month following the day of actual notice, the tenancy may be terminated...."

1 Answer | Asked in Appeals / Appellate Law for Georgia on
Q: If I don't have the court order yet, can I file the appeal. What is the other party holds up the order from hearing?

I want to file an appeal, but don't have the order. The opposing party drags their feet and it appears I only have 30 days to file appeal in ga?

Need to know what to do, as the other party has unclean hands.

Brian Lehman
Brian Lehman
answered on Jan 21, 2017

You can get a copy of the court order from the clerk's office.

1 Answer | Asked in Criminal Law for California on
Q: how can i go about getting my husband a pro bono lawyer for an emergency furlough from jail due to a dying relative?
Brian Lehman
Brian Lehman
answered on Jan 21, 2017

Here is a list of pro bono organizations near you: https://www.justia.com/lawyers/california/gilroy/legal-aid-and-pro-bono-services

1 Answer | Asked in Criminal Law for North Carolina on
Q: If i pulled assault charges on my ex boyfriend and he has assaulted me 4 times in a year what kind of time is he looking

He also has a history of assault in nc too

Brian Lehman
Brian Lehman
answered on Jan 21, 2017

In North Carolina, assault charges can result in anywhere from 30 days in jail to several years in prison depending on the outcome of the event. Here is the punishment grid for North Carolina felonies:

http://www.nccourts.org/Courts/CRS/Councils/spac/Punishment.asp

Misdemeanors get...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: What is the specific Maryland code # that states a neighbor can't cut down/ destroy a tree on your property
Brian Lehman
Brian Lehman
answered on Jan 21, 2017

Triple damages available:

§ 5-409.

(a) Any person, his aiders, abettors, and counsellors, who willfully, negligently, recklessly, wrongfully, or maliciously enters upon lands or premises of another without written permission of the owner of the lands or premises, in order to...
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