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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Landlord - Tenant for Ohio on
Q: What can I do to get my belongings back from my boyfriends mother?

For context, my boyfriend and I ended up losing our home and living in his moms basement for a couple months. I found out I was pregnant and soon after, him and his mom had gotten into an argument about the way we were being treated there. (Not being able to do laundry, being accused of things we... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some potential steps you could consider:

1. Document everything: Make a detailed list of all your belongings that are still at your boyfriend's mother's house, including any items of particular value or importance.

2....
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1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for New York on
Q: Is a redacted police report indicative of a cover up of a crime committed by another?

I had someone file a false police report about me accusing me of domestic violence. When I requested a FOIL of the police reports, it came redacted . It involved going through an appeal process by our town mayor to get an unredacted version

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about the implications of receiving a redacted police report in response to your Freedom of Information Law (FOIL) request. Let me address your question:

1. Redaction itself is not necessarily indicative of a cover-up. There are legitimate reasons why...
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1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: If I lived with a man for 11.5 years and we opened a joint checking account and a money market account then we split up

Can I legally withdraw money from either account without being sued or arrested for theft? What can or can I not do with this money???

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's a general overview of the situation, but please note that this is not legal advice and you should consult with a local attorney for specific guidance:

1. Joint accounts: Generally, when two people open a joint account, both parties have equal...
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1 Answer | Asked in Criminal Law and Civil Rights for North Carolina on
Q: How can I be arrested for fleeing to alluded when an policeman never got behind me with blue lights
James L. Arrasmith
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answered on Jun 21, 2024

To properly address this question, I'll need to clarify a few points and provide some general information about the law in North Carolina regarding fleeing from police:

1. Terminology correction: The offense is typically called "fleeing to elude," not "fleeing to...
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2 Answers | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

Anthony M. Avery
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answered on Jun 21, 2024

Misdemeanor Assault does not create a firearm disability, but Domestic Assault does. You need to get a certified copy of the Arrest Warrant/Judgment with the final disposition on it. Consult with a competent attorney. If non-domestic assault was the Judgment, then you will need to start using... View More

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2 Answers | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

James L. Arrasmith
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answered on Jul 21, 2024

In Tennessee, restoring your gun rights after a conviction for simple assault, which may be classified as a misdemeanor, can be complex but is sometimes possible. First, you need to ensure that your conviction does not include a domestic violence component, as federal law prohibits anyone convicted... View More

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: Can I appeal my plea bargain? How?

Inadequate representation of legal counsel.

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

You always have the legal right to appeal even if you have no chance of prevailing.

In Texas, under certain circumstances, you can appeal an unknowingly or involuntarily accepted plea bargain. Inadequate representation of counsel could give rise to a situation in which a defendant...
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1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Construction Law for Missouri on
Q: Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

Is it true that since a scam in 2018 where I sent cash to someone through Western Union I cann not sue that person

I mean like having them proscuted now they live in the US I know there contact information and they live in Illinois and I am in Missouri thank you in advanced

James L. Arrasmith
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answered on Jun 21, 2024

There's no blanket rule preventing you from pursuing legal action against someone who scammed you in 2018 via Western Union. However, there are some important factors to consider:

1. Statute of limitations: Each state has time limits for filing lawsuits or criminal charges. You'll...
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1 Answer | Asked in Criminal Law and Constitutional Law for Louisiana on
Q: In the state of Louisiana who has the right to consent to a search?

The police came to my house asked what I did over the weekend and then when I said no to th search they put me in hand cuffs

James L. Arrasmith
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answered on Jun 21, 2024

In Louisiana, the right to consent to a search is generally held by:

1. The property owner

2. A person with apparent authority over the property (e.g., a tenant or resident)

3. An adult occupant of the premises

However, there are important points to consider in your...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

In the decision it is stated:

"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More

1 Answer | Asked in Criminal Law for California on
Q: Is it illegal to view porn outside?

Just to make it clear, I am not going to go do this, this is more to address a previous lack of attention.

When scrolling through the internet, one can end up on an explicit photo or description on their phone. Either through previous search history, screenshots, curiosity at a picture... View More

James L. Arrasmith
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answered on Jun 21, 2024

To address your question about the legality of viewing pornographic content in public in California:

In general, viewing pornography in public spaces could potentially be illegal in California under indecent exposure or disorderly conduct laws, even if unintentional. The key factors would...
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1 Answer | Asked in Criminal Law for Florida on
Q: Hello quick questionI have a lawyer that’s trying to make me take a 200 Community hours for a plea deal I Submitted

A NON PROSECUTION AFFIDAVIT im not guilty of the crime but she just want me to take this plea I feel it’s not right because I am not guilty is there something I can do on my behalf I never been in trouble before.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

Very simple. You need to have a very frank discussion with your attorney. No attorney can "make" a client accept a plea offer from the State. There are times when it may be in a client's best interests to accept a sweetheart deal from the State in order to avoid the risk of going to... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Hello. So I was arrested about 5 years ago. 2 counts paraphernalia, 2 counts possession of cocaine, 1 petty theft.

Two counts of possession were adjudication withheld. I completed and was released from probation without incident in roughly half the time. Can I get either the felonies or the petty theft expunged or sealed in any way?

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

The answer is that you may be able to get your records sealed. In order to be eligible, you cannot ever have been adjudicated for any criminal charge, either prior to or after the charges you mention. You can get an application off of the FDLE website. Application is made to FDLE, which will... View More

1 Answer | Asked in Criminal Law for California on
Q: i need help to keep my career as a life agent and i have felony gun charges for a weapon that’s not mine.

due to the filed charges the petitions i had submitted and that had been approved by the da where denied and now i have a warrent for my arrest . i am not guilty of anything other than giving a family member a ride and got pulled over

James L. Arrasmith
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answered on Jun 20, 2024

I understand you're in a difficult situation regarding felony gun charges and how they may impact your career as a life agent. Here's some general information that may be helpful:

1. Felony charges can indeed affect professional licenses, including those for insurance agents....
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1 Answer | Asked in Criminal Law for California on
Q: In past my friend used my car it’s been a month sense we have talked and she steals my car isn’t that a crime?

I didn’t know that my spare key I thought I’d misplaced she had actually stolen that is until I woke up and my car was gone. In the middle of the night she came with her boyfriend and stold my car after not talking to me in a month or longer. Cops say it’s not a crime is that true?

James L. Arrasmith
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answered on Jun 20, 2024

In California, taking someone's car without permission, especially if it involves deception or theft of a spare key, can indeed be considered a crime. This is typically classified as "grand theft auto" under California Penal Code Section 487(d)(1) if the intent to permanently deprive... View More

2 Answers | Asked in Criminal Law, Employment Law, Internet Law and Stockbroker Fraud for Texas on
Q: Got online job, it paid with crypto but started asking for $ to make more, now will not return funds, what should I do?

Around $20k lost, have records of all communication and transactions. Have contact info for numerous employees as well, job seemed like legitimate company but may have been spoofing the real one. Was reached out to by a recruiter from legitimate website like Indeed.

James L. Arrasmith
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answered on Jun 29, 2024

I'm sorry to hear about your situation. The first step you should take is to gather all your evidence, including communication records, transaction details, and the contact information of the employees you interacted with. This documentation will be crucial for any legal action or... View More

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4 Answers | Asked in Criminal Law, Employment Law, Personal Injury and Cannabis & Marijuana Law for New York on
Q: Coworker knowingly drugged coworker at work and boss is trying to sweep it under the rug

Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More

Aubrey Claudius Galloway
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answered on Jul 2, 2024

Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More

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1 Answer | Asked in Tax Law and Criminal Law for Louisiana on
Q: If I owe taxes on my house in Louisiana can I use it to post bail
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answered on Jun 19, 2024

In Louisiana, you cannot directly use your house to post bail if you owe taxes on it. Bail typically requires cash or a bail bond, not property with liens or tax obligations.

However, if you can clear the owed taxes and gain clear ownership, you might be able to use the house as collateral...
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1 Answer | Asked in Criminal Law and Social Security for Ohio on
Q: Can you be charged for receiving stol in property if the police find a stolen car in front of your house but you didn't
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answered on Jun 19, 2024

Generally speaking, to be guilty of receiving stolen property under Ohio law (ORC 2913.51), the prosecution would need to prove beyond a reasonable doubt that you received, retained, or disposed of property of another, knowing or having reasonable cause to believe the property was obtained through... View More

1 Answer | Asked in Criminal Law for California on
Q: When appeals court reverses a murder and robbery conviction due to tainted evidence and DA wants a retrial, is it

Is it the same as starting over? In other words, will there be a 995 hearing, etc? Discovery, preliminary hearing? San Francisco.

James L. Arrasmith
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answered on Jun 19, 2024

Under California law, when an appeals court reverses a murder and robbery conviction due to tainted evidence and the District Attorney (DA) wants a retrial, the case is essentially starting over from the beginning. This means that the defendant will be entitled to the same procedural rights as they... View More

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