Get free answers to your Federal Crimes legal questions from lawyers in your area.
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
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
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?
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?
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
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
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
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
wrongful arrest, violation of my 4th, 14th, 6th, 8th and fabricate of evidence with false accusation of a crime by LEO. most likely falls under misconduct by LEO. defamation can be added because police report claimed I stole a firearm despite having ffl paperwork for it.
its likely a civil... View More
answered on Dec 11, 2024
For constitutional rights violations and malicious prosecution claims under 42 USC § 1983, you'll want to work with a civil rights attorney. These lawyers focus on protecting individuals against government misconduct, including law enforcement overreach and constitutional violations.... View More
So tell me if this makes sense I was in the military overseas, my mother who was charged with gross vehicular manslaughter reduced from a felony to infraction in CA her attorney would Purge her file have me placed on conservatorship while I was deployed overseas not knowing of the case. His... View More
answered on Nov 30, 2024
This situation raises several serious legal concerns that warrant immediate attention. Based on the details provided, there appear to be multiple potential criminal violations, including fraud, abuse of legal authority, and improper imprisonment of a minor.
Your mother's case involving... View More
Something took place which prevented action in bringing proper legal action forward at a certain time. It's something dealing with civil rights, and human rights violations.
answered on Nov 29, 2024
There are circumstances that toll the statute of limitations. A little more detail than an "intentional prevention of bringing a legal case forward" will be needed to evaluate your situation.
What statute is basis for appeal, of order denying motion to set aside dismissal of legal action against one of defendants, without prejudice?
answered on Nov 24, 2024
The most relevant statute for appealing an order denying a motion to set aside dismissal would be California Code of Civil Procedure Section 904.1, which governs appealable judgments and orders in California state courts.
In your specific situation, since the dismissal was without prejudice... View More
Columbia soc sec number. When I was 17 I was called into the soc sec administration and was told I had the wrong number and was given a California number.I was young and didn’t realize the importants of this . But now 38 years later I’m very upset. First off, my first card and number... View More
answered on Nov 17, 2024
I hear how distressing this situation is for you, and I understand your concerns about your Social Security number and identity. However, I need to address some important points about your situation.
Your Social Security number being changed from DC to California does not affect your U.S.... View More
I was driving a vehicle my cousin and her friend had rented. I was unaware of the times/dates that the car needed to be returned. I was only behind the wheel for about 15 minutes because she was highly intoxicated and could not drive the vehicle. We get pulled over, the car is reported stolen,... View More
answered on Oct 29, 2024
I'm sorry you're going through this difficult situation. It's important to reach out to a qualified criminal defense attorney who can review the details of your case and advise you on the best steps to take. They can help you understand your options, including the possibility of... View More
Los Angeles city attorney says churches are exempt from the noise law, LAMPC Chapter 11, Article 5, Section 112 & 115. It is not true. They are twisting the law. How to challenge the law. It is unconstitutional. The city attorney refuses to do anything about a noisy church with an... View More
answered on Oct 23, 2024
To challenge the Los Angeles noise law exemptions for churches, start by thoroughly researching LAMPC Chapter 11, Article 5, Sections 112 & 115. Gather evidence that demonstrates how these exemptions are being misapplied and why they are unconstitutional. Document instances of noise violations... View More
Their are fraudulent documents filed, unscheduled hearings conducted, forged signatures, multiple hearings same day same time different courtrooms with orders two different judges with the same judicial clerk. False declarations by both minors counsel and o.p lawyer which I possess substantial... View More
answered on Oct 20, 2024
I'm sorry you're experiencing this situation. Start by carefully organizing all your evidence, including fraudulent documents, emails, and any inconsistencies you've noticed. Make copies and keep them in a safe place to ensure nothing is lost or tampered with.
Next, seek... View More
My husband was on federal Supervised Release 21 years ago, He committed new crimes ( Bank robberies, possessing firearms, possessing explosives) that the State picked up. He has been serving his time in State Prison (CDCR). He will be released February 2025 with a Federal hold. We assume that US... View More
answered on Oct 16, 2024
I'm sorry you're going through this difficult situation. Given that your husband committed new state crimes while he was on federal supervised release, the federal authorities may view this as a violation of his release terms. This could lead to him being held under a federal probation... View More
A worker at UPS asked me to put myself as a witness on a customers notary signing and asked me to put an alias name. He did not let me ready the document he just said “I’m not notary it’s okay just put any name and any signature it could be an alias.” I did write my alias without thinking.... View More
answered on Oct 12, 2024
By putting a false name and signature on a notary document, you may have unintentionally participated in fraudulent activity. This action can have serious legal implications, including potential charges for forgery or fraud.
Your employer’s request was unethical and possibly illegal.... View More
The shelter where I used to stay with my wife kicked me out for arguing with her and let her stay,but they would not let her keep them with her.
Instead they told her she has to change rooms and can keep them in her old room by themselves and feed them once a day and scoop the cat boxes but... View More
answered on Oct 12, 2024
I'm really sorry you're going through this difficult situation. Start by documenting every incident, including dates, times, and descriptions of how your ESAs were treated. This evidence will be important if you decide to take legal action.
Reach out to a local attorney who... View More
answered on Oct 6, 2024
When dealing with laws and law enforcement, it’s important to know your basic rights. Understanding your right to remain silent and your right to an attorney can make a big difference during interactions with police. Knowing how to handle situations like traffic stops or when being questioned by... View More
I was stopped and the LAPD found a ghost gun with a threaded barrel hidden under my backseat. I have concealed weapon in vehicle and possession of firearm charges
answered on Oct 3, 2024
Using an affidavit of truth can be a part of your defense strategy in court. This document allows you to present your personal account and any evidence you believe supports your case. It’s important that the affidavit is clear, truthful, and properly notarized to be considered credible by 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.