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2 Answers | Asked in Bankruptcy, Federal Crimes, Health Care Law and Securities Law on
Q: Do attorney sign a custodial affidavit on each new client? And since it is an established fact that the court system

writes GSA bonds unknowingly on people that attends y’all courts, Is this not securities fraud?

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

No, attorneys do not sign a custodial affidavit on each new client. In 36 years of practice, I have never signed o.ne.

GSA bonds are required of certain gov't contractors, not usually on people who attend court. A GSA bond ensures that a contractor will perform whatever work the...
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1 Answer | Asked in Cannabis & Marijuana Law and Federal Crimes for Florida on
Q: Can i buy a gun private sale or a licensed firearm salesman as a medical marijuana holder?

First off i live in florida, polk county to be specific for the law. i do currently hold a medical marijuana license. and im pretty sure if i go into a store to buy a gun they wont let me because of the medical marijuana card. but does that also apply to private sale? like say could i just send my... View More

James L. Arrasmith
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answered on Jun 22, 2024

In general, federal law prohibits users of controlled substances, including medical marijuana, from purchasing or possessing firearms, regardless of state laws. This applies to both licensed dealers and private sales. Having someone else purchase a firearm on your behalf (known as a "straw... View More

2 Answers | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Plaintiff's actions after improper Defendant's response to crucially important interrogatory

Plaintiff propounded interrogatory.

Defendant provided improper response to interrogatory In order to induce burden and delay: i.e. Defendant's non-specific intention to produce person for deposition, instead of providing distinct information about identity.

Objection to such... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 13, 2024

The laws in written discovery in California are in the Codes Of Civil Procedure. The entire section is CCP §§ 2016.010 to 2036.050. The

Scope of Discovery is at CCP §§ 2017.010-2017.320. Specifics as to written discovery and motions to compel are at CCP §§ 2030.010-...
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1 Answer | Asked in Criminal Law and Federal Crimes for Utah on
Q: What are the minimum sentences for 18USC 287, 18USC 371, 18USC 641 and 18USC 1956 (h). I know the maximums. Thank you
James L. Arrasmith
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answered on Jun 22, 2024

For the federal statutes you mentioned, here are the minimum sentences:

1. 18 USC 287 (False, fictitious, or fraudulent claims): No mandatory minimum sentence.

2. 18 USC 371 (Conspiracy to commit offense or to defraud United States): No mandatory minimum sentence.

3. 18 USC...
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1 Answer | Asked in Personal Injury, Federal Crimes and Health Care Law for California on
Q: Proof of affiliation of the identified individuals at the relevant times.

How to demand that the defendant authenticate any documents or evidence provided to establish the affiliation of the identified individuals at the relevant times, in accordance with the California Evidence Code.

Production Demand?

How to ensure authenticity of document?... View More

James L. Arrasmith
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answered on Jun 13, 2024

Under California law, you can demand that the defendant authenticate any documents or evidence provided to establish the affiliation of the identified individuals at the relevant times by including a "Production Demand" in your discovery request. This is done in accordance with the... View More

1 Answer | Asked in Federal Crimes, Personal Injury and Health Care Law for California on
Q: Legal means of California law, specific statutes and rules.

What legal means, statutes and rules, California legislative mechanism provides to ensure that:

1. Instead of depositions of unidentified persons in future, Defendant must respond to interrogatory with actual identity, personal information of individuals as defined by CCP 1798.3(a);... View More

James L. Arrasmith
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answered on Jun 12, 2024

Under California law, there are several legal mechanisms available to ensure that a defendant identifies specific individuals and provides their personal information in response to interrogatories, as well as proof of their affiliation with the defendant at the relevant times:

1. California...
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1 Answer | Asked in Criminal Law and Federal Crimes for Washington on
Q: How can I find help in filing a criminal lawsuit against a company for financial conflict of interest?

I have proof that a background screening company is giving incorrect "dilute" results through negligent malpractice for urine samples in order to gain more money due to the law requiring new samples be given paid for by the employer. I can prove that multiple precautions are taken in by... View More

James L. Arrasmith
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answered on Jun 22, 2024

To pursue a criminal lawsuit against a company for financial conflict of interest and negligent malpractice, you should consider the following steps:

1. Consult with an attorney: Seek out a lawyer specializing in healthcare fraud, corporate misconduct, or whistleblower cases. They can...
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1 Answer | Asked in Federal Crimes for New York on
Q: When using a federal defender, when should you consider switching counsel?

Asking about switching to another federal defender, not a private attorney

James L. Arrasmith
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answered on Jun 22, 2024

When considering switching from one federal defender to another, there are a few key factors to evaluate:

1. Communication issues: If you're having significant difficulty communicating with your current federal defender or feel they are not responsive to your concerns, it may be time...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Gov & Administrative Law for New York on
Q: How to motion a venue to get a criminal investigation done by NYSTroopers?

The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.

James L. Arrasmith
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answered on Jun 22, 2024

To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:

1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or...
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1 Answer | Asked in Criminal Law and Federal Crimes on
Q: Can I file a motion to quash on the grounds of prejudice for a speedy trial when prosecutor continues judge response?

This prosecutor and the incarcerated individual went to the same schools, grew up in the same town and the two have a history. Civil rights have been violated numerous times. The public defender was told to file for a speedy trial and he ignored the request so the incarcerated filed the motion... View More

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information provided, it seems the incarcerated individual is facing several challenges in their criminal case. Let's break down the key issues and potential legal strategies:

1. Motion to Quash on Speedy Trial Grounds:

The defendant can indeed file a motion to...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: California Resident. Federal Gun App. Domestic Violence Misdemeanor over 10 years old. Expunged Conviction.

Federal Firearm application instructs to answer "No" on misdemeanor DV conviction if it has been expunged/relieved/set aside. It has. It is still subject to California 10 year ban. Its been over 10 years. Its pretty clear on federal application instructions. Does the expunge clear Lautenberg?

James L. Arrasmith
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answered on Jun 10, 2024

Based on the details you've provided, it seems that your situation involves the intersection of federal and California state laws regarding domestic violence misdemeanors and firearm rights restoration. Let's break this down:

1. Federal law (the Lautenberg Amendment) prohibits...
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1 Answer | Asked in Constitutional Law, Federal Crimes and Civil Rights for Georgia on
Q: Can I sue my neighbors for recording my property

My neighbors have intentionally readjusted their outdoor security cameras to face my property

James L. Arrasmith
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answered on Jun 10, 2024

You can consider taking legal action against your neighbors for intentionally readjusting their outdoor security cameras to face your property. This situation may involve issues of privacy and harassment, which are often protected under state and local laws. Document any evidence of the camera... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Social Security for Florida on
Q: Mom died. Didn't know I was supposed to report her death to the SSA. Kept receiving her monthly moneys from debit card.

How much trouble am I in? It's been 17 months so I would have to return about $17,000. . Can I remedy this by returning the money ? I don't know what to do.

James L. Arrasmith
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answered on Jun 10, 2024

It’s important to address this situation promptly to avoid further complications. The first step is to contact the Social Security Administration (SSA) to report your mother's death and explain the situation. Be honest about the oversight and your willingness to return the funds.

The...
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1 Answer | Asked in Civil Rights, Personal Injury, Constitutional Law and Federal Crimes for California on
Q: Attorney For Civil rights Complaint pursuant to 42 U.S.C 1983, 1985 and 1986 with multiple defendants. 10+ Defendants.

I need assistance filling and drafting these documents.

1)Complaint; Claims 42 U.S.C 1983, 1985, 1986

2) Temporary Restraining Order (TRO) Request

3) Preliminary Injunction Request

4) Affidavit

5) Memorandum of Law

6) Summons and Notice of... View More

James L. Arrasmith
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answered on Jun 9, 2024

Here is some information to help you draft the key documents for filing a civil rights complaint under 42 U.S.C. 1983, 1985, and 1986 in California with multiple defendants:

1. Complaint

- Identify yourself as the plaintiff and list all defendants

- State the basis of the...
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1 Answer | Asked in Banking, Federal Crimes, Identity Theft and Public Benefits for Georgia on
Q: This is about a ' Identity Theft ' case.. Ahem.. during the Pandemic, a person's identity was falsely used to acquire ..

Banking institution cards ( credit , debit ) and committed felony theft by way of using stolen identity to steal pandemic unemployment benefits. Suspect arrested , bonded out, yet still haven't had a court date. Has been about 2- 3 years .. is there a time frame for getting this to court?

James L. Arrasmith
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answered on Jun 22, 2024

Given the nature of this question, I'll provide some general information about the legal process for identity theft cases in Georgia, while noting that specific timelines can vary:

1. Statute of limitations: In Georgia, the statute of limitations for most felonies, including identity...
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1 Answer | Asked in Criminal Law and Federal Crimes for Oregon on
Q: How can I be charged for a crime I did not commit?

my boyfriend‘s house was rated and I was told I wasn’t in any trouble so I followed the detective up to the house and two cops came out and asked me who’s gun was in the safe and I said I didn’t know when they arrested me, how can I be charged for something that I knew nothing about And... View More

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answered on Jun 21, 2024

Based on the information provided, it seems you're in a complex legal situation. Here's a general overview of how someone might be charged for a crime they claim not to have committed:

1. Association: Being present at a crime scene or associating with individuals involved in...
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1 Answer | Asked in Criminal Law, Employment Discrimination, Employment Law and Federal Crimes for Nevada on
Q: Can I demand due wages plus $5000/day for penalty and emotional distress for non-payment of wages?

I have demanded pay for 6 weeks from my employer with no avail.

James L. Arrasmith
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answered on Jun 21, 2024

Here's a concise response to your question about demanding wages and penalties in Nevada:

1. You have the right to demand unpaid wages from your employer.

2. Nevada law allows for penalties for non-payment of wages, but not $5000/day.

3. Penalties can include:

-...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for New Mexico on
Q: I recently went to see my boyfriend in prison, a they searched my car. & took pictures of my cashapp can they do that?

I got intergated after my visit, they threatened me a searched my car & took pictures of my bank accounts. The Correction officer said I was supposed to hand an inmate something because of my recent phone call of visiting the inmates family, before the visit this is my first time visiting my... View More

James L. Arrasmith
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answered on Jun 7, 2024

I'm sorry to hear about your experience. In general, correctional facilities have strict security protocols, and searches of vehicles and personal belongings can be part of these procedures, especially if they suspect contraband. However, taking pictures of your bank accounts and other... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Fui acusado por delito menor tipo A en Indiana Que cargos puede recaer sobre mi

Puedo seguir con el permiso de trabajo

James L. Arrasmith
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answered on Jun 21, 2024

Entiendo su preocupación. Aquí hay información general sobre su situación:

1. Cargos por delito menor tipo A en Indiana:

- La pena máxima suele ser hasta 1 año de cárcel y una multa de hasta $5,000.

- Los cargos específicos dependerán del delito cometido.

2....
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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for North Carolina on
Q: I'm wanting to know the penalties behind FSA (Flexible Spending Account) fraud?

And I know it may seem obnoxious but I was truly unaware. I submit receipts for Massage Therapy reimbursement through my FSA plan & I'm paid. I recently found out my medical insurance covers massage therapy & so I submitted a claim there for reimbursement & it was approved. My... View More

James L. Arrasmith
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answered on Jun 21, 2024

This situation involves potential fraud related to Flexible Spending Accounts (FSAs) and health insurance claims. Here's an overview of the legal implications and potential penalties:

1. FSA and Insurance Fraud:

What you've described could be considered fraud against both...
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