If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »
Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine...Read more »
Does the relator have the right to file any motions after the judgment was entered against me on 8/23/2007 in violation of my constitutional 5 amendment rights? I was barred from defending myself pursuant to a Mack Order in a prior case. All documents I filed were returned to me unfiled, and I was... Read more »
Sounds like you did not satisfy the original judgment, and the relator is seeking to collect on it. However, it also sounds like the government intervened in the underlying lawsuit and won a judgment against you. It also sounds like you represented yourself in the underlying lawsuit, hence an...Read more »
Have both testified stating there were NO INJURIES and yet I was still found guilty of assault and the judge lied in his findings of facts saying the doctor witnessed injuries when she testified stating that there were NO injuries and I believe that is "fraud on the court" and voids... Read more »
There is "assault" and "battery." You could have an assault WITHOUT a battery, but the reverse doesn't apply. So even if there were no injuries, a person can commit an assault. Putting someone else in fear of their safety or possible injuries, or worse, when there is intent...Read more »
The use of the term lies implies that the judge intentionally said or wrote something that was untrue knowing that it was untrue. Making a finding that was inconsistent with the record presented in court would be error. But error is only significant if it is reversible error and you don’t...Read more »
I was using fence post pounder to drive a pole into the ground. Straddling the top of a 6ft step-ladder. I saw the 3ft Pry-bar, out of the corner of my eye. blocked her first swing with the pounder, and the second as I was going down the ladder, I ducked the 3rd swing. The Lassen Co. Sheriffs have... Read more »
Not necessarily. Police departments do a more comprehensive background check than most employers. A domestic violence charge - regardless of underlying facts - is going to be highly scrutinized by any law enforcement agency. Not saying you can't become a police officer, but you need to be...Read more »
You could use the Find-a-Lawyer tab above. You could search independently on your own online. You could check the resources of the New Jersey State Bar Association. A local library might be able to offer additional resources. Good luck
A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees....Read more »
That's an Interesting question; I never heard of remote neural monitoring, so I just googled the phrase, "remote neural monitoring court cases". That turns up a number of court decisions which uniformly reject all such claims. The Courts dismiss such claims based on reasons such...Read more »
The officers in question, while preparing the body for transport to the medical examiner, dragged the man down the stairs and his girlfriend watched as he made impact upon each stair, they then pretended to take care once they noticed they were in our line of sight. One officer in particular was... Read more »
I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... Read more »
In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen...Read more »
Generally speaking, a judge determines probable cause at a hearing and verbally announces their finding. Many times, certain things are erroneously left blank on certain forms and documents. The short answer is that, generally speaking, failing to write something on a certain box on a form or order...Read more »
The police arrived to my home and stated to us that they were charging her with criminal trespass (family violence) which didn’t make sense . We questioned them howeever they booked her into the jail for smash and grab burglary , purchase of alcohol being a minor , and possession of marijuana... Read more »
She will have to either hire a private attorney or be assigned a public defender to help defend these serious charges, which could and should have been avoided by not calling the police in the first place. Whether you want press charges or not against your daughter is out of your hands because now...Read more »
original judgement was 6-04-01, first renewal was 09-23-11, was just curious is that outside the statute of 10 years to get renewal, and latest paper work only shows date of sept 2011 no mention of previous date, amount of loan was approx $3000
If the second lawsuit to collect on the unpaid judgment was filed on or before June 4, 2011 (10 years from the date the first judgment was signed), it does not matter that the second judgment was not entered until July 23, 2011. By the way, they can only renew once. The second judgment entered...Read more »
I initially was arrested and released on a charge went through the whole court hearings go to sign my plea and the fill in Procecuter says to continue there's something more. So we continue and my lawyer says oh mix up with codefendants case # so scratch that and will continue for next hearing... Read more »
Unfortunately this is standard procedure (at least in Mohave County where I practice, must be the same in Maricopa). The prosecutors can avoid having to prove their case before the judge and can just feed a bunch of nonsense to a grand jury and get an indictment. It's lazy and it SHOULD be...Read more »
My Texas probation officer testified in court that he “contacted the ‘lab’ to make special drug tests, set a lower cut-off levels for certain probationers” if he thought abuse had occurred. Is that illegal??
You should always try to stay on your probation officer's good side while at the same time remembering that the judge is actually the final authority on what to do about any alleged violations. It is important to get your own attorney if they attempt to revoke or modify your probation.
Keep studying. If you do, you will find that one can never lose their constitutional rights. They might be diminished if you go to jail or prison, or other similar circumstances, but a U.S. citizen maintains her civil rights right up to death.
let me know when the case went to court and sent me a restraining order. My advocate no longer works there and the next thing i get is another restraining order in the mail.So i look on line and find out the case has been completed with a plea deal to a misd. 245. After I talked with the Da he... Read more »
The District Attorney's office represents the people, not you individually. They do not protect your personal rights, that is up to you to protect on your own, with your own lawyer. You can also sue the wrongdoer personally, if s/he caused you injury, damage, loss or harm. You need to find...Read 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.