I AM SORRY FOR YOUR SITUATION. Generally to get a dismissal you will need to hire a lawyer (preferably one that is local) to negotiate on your behalf. I have negotiated deals in situations such as yours where my client gets insurance right away and demonstrates 6 months of compliance. In that...Read more »
Yes you can sue civilly and you can also seek recovery under the Crime Victims Act (CVA). Ask the district attorney's office in the county where the case is being prosecuted about recovery under the CVA. I think you can recover up to $50,000. Good luck to...Read more »
You may have a claim depending on if you gave notice.
Did you report (does not have to be in writing) an injury w/i 30 days of the date you knew or should have known the condition was caused from your job? The date of injury (DOI) is seldom the first onset of symptoms but rather when the...Read more »
I took sick leave in lieu of a workers comp check. WC approved that but didn’t tell me it would cause problems. I also worked another job before breaking my hip in several places. Now they say I can’t draw compensation for the second job. Is this right or should I be able to draw a percentage... Read more »
I am sorry you made that election to take your "earned" sick time and/or PTO. Governmental jobs are unique in that way (they can elect accumulated sick pay and the election cannot be reversed). I have tried and tried to come up with an instance when it is better for the injured worker to elect...Read more »
I served five years probation in lieu of two years state jail time. I want to expunge my felony off my record as I haven't obtained any other crimes since I was on probation and subsequently released. How would I go about doing that? Every book or article I've read says that I can't ask for... Read more »
THANKS FOR YOUR QUESTION. Unfortunately you are correct, once you are on probation you cannot get it expunged. However, all is not lost, you can get your record sealed after 2 years. Also, I am hoping you received differed adjudication probation and successfully completed it? If so you still have...Read more »
The cops confirmed with him that he would take her until I got out. Now I'm out and xant find her . He said he dropped her off at barc but I've looked at all shelters and she isn't there. Now he says my dog is gone but wont clarify. She was 7 and half week old puppy . I have the vet bill for.her... Read more »
Thanks for your question. Unfortunately the State Var has sided with the prosecution when it comes to providing statements to defendants. Under the Texas Ethical Rules of Conduct for lawyers the prosecution is allowed to demand that defense lawyers NOT give copies of statements the state provides....Read more »
Thanks for your question. I have had clients faced with a similar problem. Some parole officers may not know the law on what you are required to do. Look to your release documents to determine whether it was part of your release. If it was not ask RESPECTFULLY your PO where it is documented that...Read more »
THANKS FOR YOUR QUESTION. Please do not otherwise meet with her. It would be a violation of the TRO or you could be prosecuted for tampering with a witness. She must go to the DA's office in the county where the case was filed to file an affidavit of non-prosecution. It is up to the DA whether the...Read more »
He has a good job waiting he got a letter while in jail at the moment from district clerk saying upon his release he must pay the full amount or go to office and set up payment plan could this mean something good.
I would not read too much into the letter from the clerk's office. It has been my experience those are routinely sent out. Also be aware that the clerk's office has been known to threaten revocation of the Defendant's driver's license if the payments are not made....Read more »
An individual received SSDI,(not SSI) along with back pay, after a long struggle with the Social Security Adm., in mid-spring of '18. Upon receiving the back pay, this person, who doesn't have a 401k, nest egg, family support...etc., decided to invest a percentage of the money into stocks & such,... Read more »
THANK you for an excellent question. I believe you and I would get along great. The situation of which you speak is one of the more ridiculous scenarios of SSI in my opinion. However I am sure it makes sense to those that wrote the law. SSI benefits are based on need so if the person that receives...Read more »
I work at the post office and i had injured my back and shoulder and when i requested to file an injury for workmans comp to pay the supervisor said that if i tried to file it would jeopardize my employment with them
They absolutely cannot terminate your job for filing a wc claim. However you could lose your job if your injuries prevent you from being able to perform your job, but that would be true whether you filed a claim or not. Also once you told the supervisor about your claim (s)he must file the claim,...Read more »
I want them to plea bargain down to misdeamenor. It was enhanced due to prior Theft by check charges from about 15 years ago. I was at Walmart and did the self check out and forgot to ring up $103 worth of merchandise which it was a total accident. I paid over $200 and thought I had rang up... Read more »
It would seem you may be able to request a 1244(a) deal once you have an attorney representing you. However, it is up to the DA if such an offer is given but it does not hurt to ask. Your explanation seems reasonable to me so I hope you get it resolved. Best of luck.
Yes they can be sued but your case would be quickly dismissed unless you can prove some egregious error because the judge has good faith immunity that is very difficult to overcome. Seldom is a suit against a federal judge successful.
It may depend on whose bag it is but generally, no, they must have probably cause to open the bag. Once the bag has been opened the MJ would give them probable cause. But the US Supreme Court is currently to rule on whether the police have the right to search cell phones. That may change things.
So your Question? It is illegal to beat your wife anywhere in Texas, as I assume it would be in SC. Of course the Bible says a man should not beat his woman with anything bigger around than his thumb, thus the saying, "the rule of thumb". Still does not make it right.
Yes, you could go to jail because having sex with a minor is against the law. However when the participants ages are not greater than 3 years apart the is an affirmative defense (meaning you must assert the defense or it is waived) known as the "Romeo and Juliet" law that can be a defense for you....Read more »
If your cases are in Louisiana you need to ask your question there because +your case is under state law an states can differ. But in Texas, yes, generally credit is given on both but only if you have been charged for the offense already. You do not get credit for time served on the second offense...Read more »
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