Get free answers to your legal questions from lawyers in your area.
The person who called cops didn't want to press charges but felt forced to after being asked several times. She then says yes. Later wants to drop charges not feeling scared or physically hurt how can they still pursue the matter of she doesn't claim to be a victim
answered on Aug 3, 2023
Yes, the state will likely charge the abuser. Every day in every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day.... View More
answered on Jul 29, 2023
[An] amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing, but a court of appeals may prohibit the filing of or may strike an amicus brief that would result in a judge's disqualification.... View More
I have never sued anyone before and am seeking reimbursement of out of pocket costs for medical procedures. I want to ensure I do everything correctly so I can prove my case/complete it in a timely manner. Thank you!
answered on Jul 24, 2023
The California Courts Self-Help Guide has some wonderful information andassistance. Much more than a free online Q and A can provide with no details provided. Allowing an attorney to evaluate, organize and prepare your small claims presentation would be a wise investment. It would provide you a... View More
I’ve had to replace my transmission now 2 different times in 10 months of owning my 2018 Ford Expedition. My first replacement was $5,200 and then 1 1/2 months later the transmission went out and now they are working on it again
answered on Jul 24, 2023
Yes, you can sue a dealership if you have had to replace your transmission 2 times within a year. Whether you will be successful depends on the facts and your presentation. You don't mention anything about any written agreements.
Allowing an attorney to evaluate, organize and draft... View More
I just need to talk to a lawyer the story is to big
answered on Jul 23, 2023
If you are being criminally charged you need to contact a criminal defense attorney. If a customer is threatening you by saying they tell the police you probably need a business attorney. Or maybe it's something else.
Prepare a well written statement of the situation (< 2 pages) to... View More
In Minnesota, Criminal Investigations are available to the public after they are inactive, no longer being investigated whether charges were filed or not. The case investigated where I was the suspect was because of my therapist illegally reporting a potential crime where he broke confidentiality... View More
answered on Jul 11, 2023
An attorney can certainly assist you with this endeavor. Some attorneys offer reason rates. Some do not.
If you were arrested but were never charged with a crime, OR if the case was dismissed before a criminal complaint was filed against you, you may be able to request that the... View More
I need to sue someone a civil court, but I don't know his address. How could I serve the court papers without knowing his address? If I hire someone to serve the court papers, or ask the county sheriff to serve the court papers, will they be able to do it without me providing the... View More
answered on Jul 9, 2023
It is unlikely the sheriff's department or a process server will do your leg work to find his address. Service by publication MAY be an option. The bigger problem is how do you expect to collect on the judgment if you manage to get a judgment?
I assume you asked about the perjury too.... View More
When suing in a small claims court and a civil court, if I, the plaintiff, can prove that the defendant has committed a perjury, which party can hold the defendant responsible? Who can sue the defendant for perjury? The District Attorney? The court? Or me, the plaintiff?
answered on Jul 9, 2023
No one can hold him responsible. See Civil Code, section 47, subdivision(b.)
California’s litigation privilege is an incredibly powerful tool that effectively immunizes conduct if it is reasonably related to litigation. The litigation privilege protects conduct even if it is ‘alleged to... View More
I previously asked a question with regard to government documents and their associated expiration dates, and asked if there was a standard for these (with respect to invalidation on or after date of expiration). My question was partially answerable (given the further context I had provided), and... View More
answered on Jul 8, 2023
A California ID card or Driver License is valid through its expiration date. After that date, the person possesses an expired California ID card or Driver License. Upon renewal, paperwork will be issued the supplement the expired license until the new license arrives. Perhaps you could provide your... View More
I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you
answered on Jul 7, 2023
When and how to prove it is your separate property will be determined by how the issue is dealt with in your specific proceedings. Theoretically, it could be last issue determined. More importantly, the restraining order shall not preclude a party from using community property, quasi-community... View More
My back account got closed last October due to the insufficient funds overdraft.
This occurred right after the horrific work injury and me finding out that my employer double crossed me; not only that he owed me for the back wages ( as of now I was paid $2/h) but he failed to report... View More
answered on Jul 7, 2023
Subpoena Duces Tecum. Upon request of either party to the controversy, accompanied by a declaration showing good cause for the production thereof and showing the relevance thereof, and upon the determination of the Labor Commissioner, he or she may issue a subpoena duces tecum requiring the... View More
Audio recording from city attorney saying emergency surgery, I have proof the city inspector was in the Philippines visiting his new internet girlfriend. Code violation and years of being harassed by the city. Lies on the probable cause. Not on the city hit list of violators, no complaints, no... View More
answered on Jul 8, 2023
No, a case will not be dismiss a case if city attorney lies to the court for a change of a trial date. The continuance would have been denied, but little more than a shot to his credibility. Can you prove the attorney knew? Maybe that's what the city inspector told him. Maybe he had surgery... View More
I want to sue my landlord in the civil court. How can I find some successful and relevant pleading examples for my reference? I was also told that finding related case laws will be very helpful, if not necessary. Could someone please guide me toward the right direction? Thank you.
answered on Jul 5, 2023
The Santa Clara County Law Library has valuable resources. Visit the website before going.
In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly... View More
once i posted bail, on my way out the front lobby, the correctional officer handed me a paper and said that my court date info was there. Well, in that paper packet was my charges, my possession log, and a handwritten date for court. It is in the 10th of this month. am being charged with ridiculous... View More
answered on Jul 4, 2023
No, not being read the Miranda rights is not a case for dismissal, unless the ONLY evidence is what YOU told police after you were in custody. Your wife's wishes are considered, but not determinative. Most abuse victims wouldn't press charges if they made the decision for various reasons... View More
California, Los Angeles County.
Mechanic failed to complete repairs on my vehicle in a reasonable time and I was forced to reclaim my vehicle. Due to the condition it was in after reclaiming, other mechanics were not interested in taking on the work and I was forced to sell the vehicle for... View More
answered on Jul 2, 2023
You will need a little more to convince a judge to award you $6,000. I don't know what's the deposit or what's the rental ($.) I don't know what agreement you had. I don't know what you consider reasonable time.
Allowing an attorney, like me, to evaluate, organize... View More
They have been going to California for about seven years now. They are 17 and 13 years old and don't want to spend the whole summer there. Is there anything we can do to help them?
answered on Jul 1, 2023
The girls' wishes should be considered, but it isn't their decision. The parents will need to modify the custody order to reflect any changes. If an agreement can be reached it should be fairly simple for an attorney.
Refusal to comply with the current is a violation, regardless... View More
I am not sure if it is worth the cost of forming an LLC to have the protection in legal trouble. I do not currently and any real assets in my name, but am concerned about failing to deliver and being set with debt. Is there some better way of avoiding this?
answered on Jul 1, 2023
A properly formed, funded and maintained LLC can protect members' personal assets. Failing to do all three offers very little to safeguard anything. Merely filing the initial paperwork and getting identification numbers does little more than provide creditors with a slight inconvenience.... View More
I filed many private and sensitive documents - Bank statements, my medical records, Tax returns.. during divorce proceedings. Currently the case is still ongoing. I am really concerned of my records in public now. How can I request the family court seal my specific documents? or whole documents?
answered on Jun 27, 2023
I would call the clerk's office first to determine if the information is publicly available. Even if the filing party failed to properly classify the information as confidential, the clerk's office is pretty good at rejecting the filings until it's in compliance. Bank statements,... View More
After pleading no contest to grand theft charge in my early twenties in 1989, I thought I recalled that the judge had indicated after successfully completing community service and probation, I had the opportunity to have my record expunged, and my rights restored. That hasn’t happened and I’m... View More
answered on Jun 27, 2023
Unfortunately, what the judge may have said 30 years ago isn't going to help unless it's documented. I would need to review your case to determine your options. I am sure you have options. "Reduce the impact of your California criminal record. Although true expungement does not exist... View More
At hearing set stage and I am lost. I am a abused beneficiary by my aunt- trustee and sister-co beneficiary concerning a duplex in california. By a irrevocable living trust
answered on Jun 24, 2023
The court's self-help-library is extensive, but legal advice prohibited. In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves disappointed or even irate because they weren’t properly prepared. A... 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.