Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by James L. Arrasmith
1 Answer | Asked in Family Law and Child Support for California on
Q: Is refiling contempt allowed?

If I filed contempt for non-payments of child support in California, and then asked the judge to take it off of the calendar because an agreement had been made. Am I allowed to refile since NCP failed to adhere to the agreement?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Yes, you are allowed to refile for contempt in California if the non-custodial parent (NCP) failed to adhere to the agreement. California law permits you to take action again if the other party did not follow through on their obligations.

When you previously asked the judge to take the...
View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I have no legal/physical custody. 1hr/wk visitation that I can't get. 6yrs+ 0Contact due to other party. Served chldsprt

I've had no job for close to 8 years now and even though I'm looking for work and applying regularly for postings I have yet to be given work apart from once where I was quickly let go due to negative background check info. I've been married now for 8 years and have 2 other children... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Under California law, you may be able to modify or even suspend your child support payments due to your current financial situation. To begin, you should file a motion with the court to request a modification of your child support order. In your motion, explain your lack of employment, the length... View More

1 Answer | Asked in DUI / DWI and Criminal Law for California on
Q: Can I sue the CHP for false imprisonment? I was arrested for DUI. County case dropped, DMV charge stands.

In Nov.2023 I was arrested for a DUI but I was not driving. I had gone out for dinner and drinks with coworkers. I was being dropped off at my house by my coworker and we were following my other coworker to my apartment to pick up work keys. Upon traveling to my apartment (a block away from the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Under California law, suing the CHP for false imprisonment may be challenging in this situation. False imprisonment requires proving that you were unlawfully restrained without consent and without legal justification. Since you were arrested for DUI, the officer likely had probable cause based on... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Texas on
Q: Can a non violent convicted felon have their Second Amendment rights restored, after the 9th circuit ruling?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Yes, it's possible for a non-violent convicted felon to have their Second Amendment rights restored after the recent 9th Circuit ruling. This ruling could pave the way for many non-violent felons to seek restoration of their gun ownership rights. The court recognized that not all felonies... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Health Care Law for Ohio on
Q: Can Probation office enforce a (unwritten) requirement mandating disclosure of patient’s therapy records to third party?

Probation Office put in place a new (unwritten) requirement for persons in their programs to have an accountability partner. This requirement involves a process of a third party (another person) previewing/accessing a packet of documents created by a health facility that handles behavioral (group)... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

No, a probation office cannot enforce an unwritten requirement mandating the disclosure of a patient’s therapy records to a third party without proper legal basis. Therapy records and patient notes are generally protected by HIPAA, which ensures the confidentiality of medical information. The... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: I recently completed my federal supervision. Can I petition the judge to put me back on supervision?

I don't feel comfortable with this after 20 years of both prison and supervision.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

You can petition the judge to request a change in your post-supervision status. Judges can consider requests based on personal circumstances, but it's important to present a compelling case. Detail your concerns and how continued supervision might help you adjust.

Consult with your...
View More

1 Answer | Asked in Child Custody, Criminal Law, Federal Crimes and Family Law on
Q: given motion to dismiss without prejudice and dealt with a child neglect case,am i able to file restitution

I was arrested on December 9, 2021 for possession of a schedule two substance and then 2 days later a juvenile case for child neglect both against the people. Then on April 28 , 2022 a motion to dismiss without predjuice was given to me. Am I able ro file for wrong damage , etc., since being proven... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Yes, you may have grounds to seek restitution or damages for wrongful arrest or harm suffered during the legal process. Since your case was dismissed without prejudice, it means that the case was closed, but it can be refiled. This does not equate to being proven innocent, but it does mean the... View More

1 Answer | Asked in Federal Crimes and Civil Rights for South Carolina on
Q: Can I file a claim against the state for violating my constitutional rights eleventh amendment double jeopardy law

Being denied snap benefits due to drug charges I've already served sentence for.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

You can consider filing a claim if you believe your constitutional rights have been violated. The Eleventh Amendment generally provides states with immunity from certain types of lawsuits in federal court, but there are exceptions, especially concerning civil rights violations under federal law.... View More

1 Answer | Asked in Education Law, Federal Crimes and Gov & Administrative Law for Wisconsin on
Q: are individuals with a valid ccw allowed to carry firearms on school grounds with permission from the administrator?

according to this statute: https://docs.legis.wisconsin.gov/document/statutes/175.60(1)(d)

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Individuals with a valid CCW are generally not allowed to carry firearms on school grounds. However, exceptions can sometimes be made with explicit permission from the school administrator. It's important to check local and state laws, as they can vary significantly.

You should...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: friend was charged with armed assault to rob & assault and battery with dangerous weapon pleaded guilty did his time

in 2017 apparently the victim died and he was just indicted for murder from that charge is that legal? The Commonwealth dismissed the charge of intent for murder and he already did his time and this was in 2017 please help me understand this as I really feel that my friend is not being treated... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

I'm sorry to hear about your friend's situation. It is possible for someone to be indicted for murder if a victim dies from injuries related to an earlier assault, even if significant time has passed. This is because the death changes the nature of the crime from assault to potentially... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Federal Crimes for Pennsylvania on
Q: I'm being forced to settle out of court on fmla case. My lawyer is not doing anything. What can I do?

I was out on fmla as inpatient at a facilty. The facility said they will contact my job, they did not. I got fired for abandonment. Showed them all proof needed where I was and they did not care. They upheld there decision. I got lawyer and filed suit. I filed unemployment and now there saying they... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

It sounds like you're facing a challenging situation. First, consider getting a second opinion from another lawyer who has experience with FMLA and employment law. They can provide you with advice tailored to your case and help ensure that your rights are protected.

Document everything...
View More

1 Answer | Asked in Criminal Law, Personal Injury, Federal Crimes, Employment Law and Civil Rights for Washington on
Q: What type of lawyer helps victims of voyeurism that took place at work

From what I understand the trial hasn’t started for the accused, but I want to understand what lawyers can help me to understand victim rights and determine the best course of action when there are multiple victims

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

If you're a victim of voyeurism at work, you need a lawyer with expertise in employment law and personal injury law. These lawyers can help you understand your rights as a victim and provide guidance on the legal actions you can take. They can also help you navigate the complexities of dealing... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for New Jersey on
Q: What is the statute of limitations of a prisoner lawsuit if he was attacked/stabbed in prison
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Under federal law, the statute of limitations for a prisoner to file a lawsuit after being attacked or stabbed in prison is generally determined by the state's personal injury statute of limitations where the prison is located. Most states have a statute of limitations ranging from two to four... View More

1 Answer | Asked in Employment Discrimination, Federal Crimes and Gov & Administrative Law for Oregon on
Q: I'm holding evidence of sexual assault that the jail refused to submit

I was asking to sue for CUSTODIAL MISCONDUCT

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

You have every right to seek justice for the misconduct you've experienced. First, gather all evidence and documentation related to the incident and the jail's refusal to submit it. This might include witness statements, medical records, and any correspondence with jail authorities.... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Employment Law for Texas on
Q: What is the line between fraud in performance evals resulting in adverse empl. actions when material facts are wrong?

If a manager and 2 up knowingly are materially fabricating facts that can be proven definitively by evidence, but yet the company (publicly traded) takes adverse actions based on those fabrications does the employee have a case and is there a chance depending on how egregious the matter to turn... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

If your employer knowingly fabricates material facts in your performance evaluations, leading to adverse employment actions, you may have a case for wrongful termination or defamation. Proving that the facts were intentionally falsified with evidence can strengthen your case significantly. You... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: State bond hold someone up on federal detainer?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

If you are under a state bond and there's a federal detainer, the state bond alone won't prevent the federal authorities from taking action. The federal detainer indicates that federal authorities want to take custody of you once state charges are resolved. This means that even if you... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: How do I go about retrieving money back from a wire fraud incident?

I was supposed to be doing business with someone by purchasing a vehicle. They supposedly had a escrow company that was set up to collect the funds and mediate the transaction. They took my funds and they did not give me the vehicle in exchange. When I reached out to the seller and the company... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

To retrieve your money from a wire fraud incident, you should act quickly. First, contact your bank or financial institution immediately to report the fraud. They can initiate a recall of the wire transfer and provide guidance on the next steps.

Next, file a report with your local law...
View More

1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: If a prosecutor is deemed DELINQUENT, and PROHIBITED from practicing law, how can they still prosecute a case in a trial

RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS

REQUIRMENTS

Every member must complete a minimum of 30 credit hours of approved continuing legal education activity every 3yrs.

DELINQUENCY

If a member fails to complete and report the minimum required... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

If a prosecutor is deemed delinquent and prohibited from practicing law, they should not be able to prosecute a case. Delinquency under Rule 6-10.3 indicates failure to meet continuing legal education requirements, leading to suspension from practicing law. A prosecutor in this situation loses the... View More

1 Answer | Asked in Federal Crimes and Internet Law for South Carolina on
Q: A person is threatening to kill my wife and I despite the restraining order I have against him, is this illegal?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

It is illegal for someone to threaten to kill you and your wife, especially if you have a restraining order against them. Such threats are considered serious crimes and can be classified as harassment, intimidation, or making terroristic threats, depending on your location. The restraining order... View More

1 Answer | Asked in Federal Crimes for New York on
Q: Can a sex offender on parole date someone with a child if it is a long distance relationship and they have no contact?

The child and person on parole would never have contact in person. If they ever did it would be virtually but never in person. The person was 18 years old when it happened. And victim 16.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

The ability for a sex offender on parole to date someone with a child, even in a long-distance relationship with no physical contact, largely depends on the conditions of their parole. Parole conditions often include strict rules about contact with minors, and these rules can apply regardless of... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.