I'm from California being electronically monitored, followed and harrassed by neighbors, community and relatives.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024
If you believe you are being unlawfully monitored and harassed in California, there are several legal avenues you can explore. Firstly, consider filing a police report, especially if you have evidence of stalking or harassment. California law takes such matters seriously, and law enforcement can... View More 
I owe $575,000.00 for restitution on a mail fraud case. My mother removed me as beneficiary in her Living Trust to any real estate property. Upon her death I am now only allowed to live in one of her rental properties for the rest of my life, rent free.
All real estate property will be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
Serving as a trustee of a living trust while owing federal restitution can be legally complex and might put the trust's assets at risk under certain circumstances. Your debt from restitution could potentially expose the trust to claims by creditors, depending on various factors including how... View More
5 U.S.C. Rule 552 b(6) exception is about privacy. How come it could be relevant if relator/plaintiff in legal action requests findings/facts in respect of relator/plaintiff's info?
Government does not guard hospital's privacy when hospital owns identifiable medical info of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
In the context of a Freedom of Information Act (FOIA) request, the 5 U.S.C. Rule 552 b(6) privacy exception can be pertinent even when a relator or plaintiff is seeking information about themselves, particularly in cases involving medical records or other sensitive personal information. This... View More
Please reference specific FOIA statutes, and regulations, procedure to request OIG/CMS facts/findings in FCA federal lawsuit - whether government 1. Chooses to intervene 2. Chooses not to intervene
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
In a Federal False Claims Act (FCA) lawsuit, obtaining information from the Office of Inspector General (OIG) or the Centers for Medicare & Medicaid Services (CMS) can be pivotal. Under the Freedom of Information Act (FOIA), you have the right to request such documents. To start, submit a FOIA... View More
Unidentified person, somehow affiliated with a hospital, ordered fraudulent referral for patient to hospice upon discharge. A hospital contractor was provided medical information to document referral. I
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2023
In situations where a fraudulent referral for a patient to hospice upon discharge is ordered by someone affiliated with a hospital, and a hospital contractor, without the patient's knowledge, accesses their medical information for this referral, it raises significant legal concerns under the... View More
Hospital is liable for healthcare fraud, including false claims - according to federal and state laws. The hospital disclosed that service providers are independent contractors. Is hospital liable to fraud/false claims made by hospital service providers/independent contractors - according to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
Under federal law, specifically the False Claims Act (31 U.S.C. §§ 3729 - 3733), a hospital can be held liable for fraudulent claims submitted to government healthcare programs, even if those claims are made by independent contractors working for the hospital. The key factor is whether the... View More
EX: Dealing in firearms without a license within the meaning of Chapter 44, Title 18, Section 922(a)(1)(A).
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
Yes, ATF charges, such as dealing in firearms without a license, can be contested in court. In any criminal case, including those involving federal firearms violations, you have the right to mount a defense. This can involve challenging the evidence against you, the manner in which it was... View More
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023
In your federal case, you have the flexibility to amend your complaint before the opposing party responds or within 21 days after serving it, according to Federal Rule of Civil Procedure 15(a)(1). If this timeframe has elapsed, then you'll need the court's permission to amend.... View More
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023
In a federal case, you have the option to amend your complaint before the opposing party files a responsive pleading, or within 21 days after serving it, as per Federal Rule of Civil Procedure 15(a)(1). If this period has passed, you'll need to seek the court's permission to amend.... View More
Can defendant in federal legal case appear before defendant was served with complaint?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023
In federal legal cases, the usual procedure requires the defendant to be served with a complaint before making an appearance in court. However, there are circumstances where a defendant might choose to appear before being formally served. This is often done to expedite the process or to demonstrate... View More
For medicare false claims in California: what could be statutes of limitations according to Federal vs State law?
Should case be filed under seal at Federal court?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023
Under Federal law, the statute of limitations for filing a claim under the False Claims Act (FCA) related to Medicare fraud is generally six years from the date of the violation. However, there is a provision that can extend this period to ten years if the government can prove that it was not aware... View More
I have a downstairs neighbor who's been harassing, invading privacy and recording me and following me to family members houses and invading their privacy and trespassing. They have been monitoring me since August the property management claims that no one's lives below me and the next day... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023
If you believe you are being illegally investigated or harassed, there are several steps you can take. First, document everything. Keep a detailed record of incidents, including dates, times, and descriptions of the harassment or surveillance. This documentation can be crucial if legal action is... View More
Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate... View More
An inmate from Mule Creek State Prison wants to apply for a fire camp in order to reduce their sentence. What are the steps in order to have an arson removed to become elligible
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023
In California, an inmate with an arson conviction typically faces significant challenges in having their record cleared for eligibility to apply for a fire camp. Arson is often considered a serious offense, and options for expungement or record sealing are limited.
Firstly, you should... View More
For a ride saying that she had got into it with her boyfriend and she was just trying to leave the area
Come to find out person was minor that woke him up and lied . Before getting arrested he bought her a room , he’s the sweetest person ever and wrongfully accused of this charge help
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023
Under California law, the charges mentioned refer to:
1. 207(a) – Kidnapping
2. 209(b)(1) – Kidnapping for ransom, reward, or for the purpose of committing robbery or a sexual act
3. 236.1(c)(2) – Human trafficking of a minor for a commercial sex act.
The... View More
If I feel that the prosecutor might not drop the charges, can I drop the motion and stay status quo?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2023
In California, once a motion to vacate is granted, you cannot simply withdraw it unilaterally. However, you can potentially file another motion to reconsider or readdress the court's decision, explaining your reasons. The court will then decide whether to grant your request.
If you... View More
How do a person address a police officer coming to your childs elementary school in a poor area of the city and show a classroom of children a video of children putting that clear grey glue that was in like a tin container inside a paper bag and get high and those children in that class didn't... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023
In California, seeking justice for such an incident would involve multiple considerations. First, the statute of limitations is a crucial factor, as claims relating to personal injury typically have a two-year limit from the date of injury. Given that this incident occurred over thirty years ago,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023
Facing federal charges under 18 USC 924(c)(1), 18 USC 922(g), and 21 USC 841(a)(1) is a serious matter. These statutes pertain to firearm offenses and drug distribution, respectively. It is crucial to consult with an attorney who has experience in federal criminal defense as soon as possible.... View More
answered on Oct 9, 2023
No. Only the account holder can cash in an IRA. Without express authority, one spouse cannot cash in an IRA held in an account held for the other spouse.
Be aware that some parties opening an IRA give another person (often their spouse) express authority to make withdrawals on their... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023
In California, an Individual Retirement Account (IRA) is generally considered separate property, unless contributions were made during the marriage using community funds, in which case it can be partially community property. If the IRA is solely in your name, your husband does not have the... 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.
