For your father to determine if he has potential valid claims for false arrest/false imprisonment and/or malicious prosecution, he must schedule a consultation with a civil rights attorney in his area. There is no way to get a reliable answer to this question in any online forum. For a lawyer to... View More

Any defendant who claims not to have understood the reading of Miranda rights may file a motion to suppress his/her statements that the government wishes to use against him/her, and the Judge will assess the totality of the circumstances, such as the defendant's mental capacity, ability to... View More

What are the reasons your lawyer (APD) has formed a professional opinion that you will likely lose if you take the case to trial? (And I assume that his/her opinion on that is accompanying his/her advice about plea negotiations.) That's the first step in analyzing your situation. Does the... View More

Schedule a consultation with an attorney in your area who handles general practice or civil litigation. A Court is very unlikely to make the lender accept you as sole owner/borrower. The most practical remedy might be sale of the car with payoff of the loan, and if your ex used or otherwise... View More

To add to Mr. Clifton's answer, he is correct that a 4-year limitations period would likely apply to your accident, but the law recently changed to reduce that to 2 years for accidents that occur after March 24, 2023. Since your accident was before then, the 4-year period likely applies,... View More

I fully agree with Mr. Nkwoka's answer, with one caveat. If your intent, when or after paying for an item, was to convey the item to your ex as a gift, then you cannot rescind the gift. The item would legally be his, notwithstanding that you paid for it. But if he left without taking any... View More

If the arrangement is for you to make regular periodic payments (for example, weekly or monthly) in exchange for the space, you are a tenant, which legally makes it a rental. Regardless of it being a rental or not, everyone has a right of privacy to a certain extent. For example, it would likely... View More

Generally in the kind of situation you describe, you can make a claim against the pedestrian for negligence, starting with any homeowner's insurance, and if none or no coverage, then in small claims court (if claim is for $8,000 or less), a fairly easy process, but collectibility is an issue... View More

Re-posting answer to fix typo -

Yes, because the other party to the call is asking your consent to have it be a recorded call (by making recording a condition of being able to speak to that party). But if you plan to use the recording for anything other than your own private listening, you... View More

Though you can file any motion you feel like filing, a small claims court judge is not supposed to use the summary judgment motion procedures that are set forth in the Fla. Rules of Civil Procedure unless those rules have been invoked by court order. The reason small claims court exists is to have... View More

Are you sure it's a private insurance company that is handling the claim, as opposed to the city itself? If it's a private insurer, they generally should complete their investigation and either pay or deny the claim within 90 days. If it's city risk management, and a proper notice... View More

Sure does sound like the kind of fraud that you can make a claim for. If the purchase agreement specified it was an "AS IS" sale, that would be a defense - but that defense could fail in some limited circumstances of there being certain clear, provable representations made by the seller... View More

Before determining if there is some type of actionable negligence regarding your monitor, you'd need to have a physician's opinion that the monitor is causing your pain condition. If you have such a written opinion, then reach out to personal injury lawyers, and you'd also need to... View More

She's violating the law, likely subjecting her to a potential fine if caught. If she uses her old address for voting purposes and now lives in a different precinct, she may even be subject to a potential criminal charge. If you'd like to try forceful persuasion, you can hire a lawyer to... View More

Sorry to hear about your terrible ordeal. Your description seems to indicate that all wrongdoing occurred a few decades ago. There is a high probability that a lawsuit for money damages due to such wrongdoing would be barred by the statute of limitations (assuming that would be raised as a... View More

Once an IA investigation is over (and there's no pending criminal case against the officer), the entire IA file (not just the final report) is public record, a copy of which can be obtained by making a public records request to the police dept. Many departments now take online requests on a... View More

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

Sorry to hear about your ordeal. It is possible to file a motion to withdraw a plea due to the plea being involuntary because of mental incompetence. However, due to the number of years going by and the (I assume) availability of the police report at all times, I believe you'd be facing very... View More

For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More

When a tenant receives a court order of eviction, that's an eviction of the tenant him/herself and all of his/her stuff. If the tenant vacates and leaves personal property items on the premises, and does not reach an agreement with the landlord for picking up the items later, the items are... View More