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1 Answer | Asked in Personal Injury, Federal Crimes and Health Care Law for California on
Q: What kind of judicial notice is that?

1. Doctor who recorded terminal disease on admission to hospital was, and had to be aware there was no terminal illness, since did self-referral to hospital.

2. Analysis test results on admission to hospital (basis for record of terminal chronic disease) was communicated by non-existent... View More

James L. Arrasmith
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answered on May 15, 2024

Based on the information provided, it appears you are asking about the appropriate type of judicial notice that a court could take in a situation where there is evidence of potential hospice fraud and false diagnosis of a terminal illness.

In California, there are two types of judicial...
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2 Answers | Asked in Civil Litigation, Communications Law, Constitutional Law and Federal Crimes for Minnesota on
Q: Hello, I would like to go on the school intercom on the last day of school for my senior prank. Any legal consequences?

I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.

I live in Minnesota, and just clarifying... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2024

You probably don't want to do that. There are limits to freedom of speech, as provided by the First Amendment. Without knowing more, if the school is not amused, they could take disciplinary action that could jeopardize graduation. Even worse, if they deem the conduct to be criminal, they... View More

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1 Answer | Asked in Federal Crimes, Legal Malpractice and Social Security for California on
Q: How to validate validity of SSN is such scenario?

A party to lawsuit presents someone's SSN instead of SSN of real person, in order to cover up for fraud. Most likely SSN of a deceased person. How to validate validity of SSN is such scenario?

James L. Arrasmith
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answered on May 15, 2024

Validating the authenticity of a Social Security Number (SSN) in a legal context, especially when fraud is suspected, can be a complex process. Here are some steps that can be taken to verify the validity of an SSN:

1. Check the SSN format: Ensure that the SSN follows the correct format of...
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1 Answer | Asked in Personal Injury, Federal Crimes and Medical Malpractice for California on
Q: Separate Statement for Motion for Summary Judgement CRC 3.1350.

CRC 3.1350 (h) define format for Separate Statement for Motion for Summary judgement.

2 columns: 1 Moving Party's Undisputed Material Facts and Supporting Evidence and 2. Opposing Party's Response and Supporting Evidence.

Does it mean that before filing Motion for... View More

James L. Arrasmith
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answered on May 14, 2024

No, the plaintiff (moving party) does not need to obtain the opposing party's response and supporting evidence before filing the Motion for Summary Judgment with the Separate Statement.

The process typically works as follows:

1. The moving party prepares and files their Motion...
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2 Answers | Asked in Personal Injury and Federal Crimes for California on
Q: What are possibilities to check for SSN.

What are possibilities to check for SSN?

If valid,real, and not of deceased person.

James L. Arrasmith
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answered on May 14, 2024

If you have concerns about the validity of your own SSN, you can contact the Social Security Administration (SSA) directly. They can help you verify your SSN and address any issues related to your Social Security account.

In general, it is crucial to protect SSNs and other personal...
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1 Answer | Asked in Personal Injury and Federal Crimes for California on
Q: How to ask for court order to validate authenticity of SSN?

How to ask for court order to validate authenticity of SSN?

James L. Arrasmith
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answered on May 14, 2024

To request a court order to validate the authenticity of a Social Security Number (SSN) in California, you will need to follow these general steps:

1. Determine the appropriate court: You will likely need to file your request with the Superior Court in the county where you reside or where...
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2 Answers | Asked in Federal Crimes, Personal Injury and Medical Malpractice for California on
Q: Is another Meet and Confer required by law, if additional time was allotted to provide further responses?

Defendant committed to work on providing further responses at Meet and Confer discussion re Motion to Compel.

If substantive further responses are not provided by specified additional time due: is another Meet and Confer required by law?

What statute or rule of Court defines that?

James L. Arrasmith
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answered on May 14, 2024

In California, if a party has agreed to provide further responses within a specified time frame during a meet and confer discussion regarding a motion to compel, and the party fails to provide substantive further responses by the agreed-upon deadline, another meet and confer is not explicitly... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Sexual Harassment for California on
Q: Need attorney for full body biometric data theft using California Privacy Law Loophole as excuse. Have been injured.

Targeted for total body biometric data theft, hurt and injured. State of California Privacy Law Loophole permitted harm.

James L. Arrasmith
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answered on May 13, 2024

Under California law, you have rights and protections against unauthorized collection and use of your biometric data. The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) provide strong privacy protections, including the right to know what personal information is... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: Legal advice for drug trafficking charge in Fl?

My brother got pulled over for his tint (too dark), they called a k9 for an air sniff, got a hit. Nothing in the car but he has 900g of ice on his person which they found after the car was searched bc the dog got a hit off him I’m guessing?? Ik it’s pretty bleak I’m just trying to get an idea... View More

Rod Caruco
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answered on May 13, 2024

Drug trafficking cases certainly are serious, but very complex. So, there is much to challenge. That’s why it’s important to work with the right lawyer early to review the entire case and give the best advice. If it was a reactive stop (actually because of the tint), one potential issue is... View More

2 Answers | Asked in Criminal Law, Federal Crimes, Identity Theft and Tax Law on
Q: Is it legal for my mother in law to make copies of my tax return without my consent?
James L. Arrasmith
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answered on May 11, 2024

No, it is not legal for your mother-in-law to make copies of your tax return without your consent. Tax returns contain sensitive personal and financial information, and copying them without permission could be considered a violation of privacy and potentially identity theft.

Here are a few...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Who can legally carry a gun in texas?

My partner was denied to buy a gun in a federal background check for unknown reasons. He’s a permanent resident and not a felon and his background should be clean. He already owns a gun that was a gift from a friend. Is it legal for him to carry it?

John Cucci Jr.
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answered on May 10, 2024

There can be a lot of different reasons your partner was denied the gun purchase by the Federal background check. Those checks are done in an inconsistent basis and can be political in nature. He may have a name that is the same as a person who is a felon or has pending criminal charges. There can... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: How much time do you have to sit in county jail for a misdemeanor probation violation for a second violation?

My boyfriend was arrested on 05/03/2024 and he was sent to Clayton County Jail but I bonded him out on 05/06/2024. He was then sent to Henry County Jail. I have been trying to contact his probation officer but she hasn't been answering my phone calls or emails.

Glenn T. Stern
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answered on May 9, 2024

Potentially, on a second probation violation, a probationer could have the balance of whatever is left on the probated sentence revoked. Depending on how long is left on the sentence, that could be weeks or months. What is alleged to have occurred that violated probation is also a factor. It is not... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: How much time do you have to sit in county jail for a misdemeanor probation violation for a second violation?

My boyfriend was arrested on 05/03/2024 and he was sent to Clayton County Jail but I bonded him out on 05/06/2024. He was then sent to Henry County Jail. I have been trying to contact his probation officer but she hasn't been answering my phone calls or emails.

Serge Jerome Jr.
Serge Jerome Jr.
answered on May 9, 2024

A defendant could legally spend the remaining term of their probation incarcerated, though that rarely happens. Probation doesnt usually speak to family or friends. If he can somehow get Probation to agree to a stipulation that will reinstate his probation or terminate his case then he can be... View More

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1 Answer | Asked in Federal Crimes for Minnesota on
Q: Hypothetically, if you get into a scuffel with another individual, and they grab their gun is that enough for Selfdefens

If you hypothetically get into a fight with another individual, and they grab their gun but dont shoot it, but you shoot yours, is that a case of self defense? Let's hypothetically say the gun is an illegal firearm, would it still be a self defense case? Or would it be the discharge of an... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 8, 2024

We have statutes and judicial caselaw on self-defense law in Minnesota. Without attempting to cover it all now, suffice it to say that whether a jury or judge accept a defense of self-defense to a charge where applicable, will depend upon all the circumstances. But if we were to assume a... View More

2 Answers | Asked in Federal Crimes and Medical Malpractice for California on
Q: Knowingly. Definition.

For the purpose of hospice fraud: "knowingly" does not imply malicious intent.

However, fabricating non-existent terminal diagnosis presents fraudulent intention.

James L. Arrasmith
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answered on May 6, 2024

In California, "knowingly" generally means acting with awareness or understanding of the essential facts. In the context of criminal law, it refers to a mental state where the person is aware that their conduct is of a certain nature or that certain circumstances exist.

When it...
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2 Answers | Asked in Federal Crimes and Medical Malpractice for California on
Q: legally admissible fraud

Does fact that person with

Actually non-existent terminal illness was Actually referred to hospice by hospital constitute legally admissible fraud?

Does fact that identity of particular individual who did referral Is ACTUALLY concealed - actually exacerbate the wrongdoing?... View More

James L. Arrasmith
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answered on May 6, 2024

I want to provide accurate information about this sensitive legal topic. Under California law, fraud generally requires an intentional misrepresentation of material facts, made with knowledge of its falsity, with the intent to deceive, which is justifiably relied upon by the victim and causes them... View More

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2 Answers | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: Is wrongdoing legally admissible? If Not - why exactly?

hospice fraud was actual,

I.E.

patient was referred to hospice from hospital with hospital admission diagnosis chronic terminal disease.

Track record of who exactly made a referral apparently does not exist.

Critical values of test on admission were communicated... View More

James L. Arrasmith
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answered on May 5, 2024

Under California law, evidence of wrongdoing is generally admissible in court if it is relevant to the case and not excluded by some other rule of evidence. However, there are several reasons why the situation you described may not be legally admissible as evidence of fraud:

1. Hearsay: If...
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2 Answers | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: What happens if you kill someone who tries to rob you with a gun, but you kill them with a ghost glock

If you are being robbed at gunpoint, but you defend yourself with an illegal glock what would you get charged with

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 4, 2024

You reach out directly to criminal defense attorneys and get one on board immediately. You are facing a potential murder charge here, along with possession of a ghost gun. It also raises the question if you are legally permitted to possess firearms which then creates a potential felon in... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: Can they place a bail on you if you get indicted, even though a bail in district court wasn’t set
Lissa McKinney
Lissa McKinney
answered on May 2, 2024

Yes. Even if you were out on personal recog in the District Court, the indictment is considered a 'change in circumstance' that will result in the higher/ Superior Court *reviewing bail. It does not mean that they will alter it, or that it will be too high to make. Bail is set based on... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Missouri on
Q: has anyone used the agreement of liberty privacy & levying war against the united states in a drug charge court case &

if so which one & mainly would like to read one of liberty & how do i find my past questions on this site

James L. Arrasmith
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answered on May 1, 2024

It sounds like you're inquiring about a very specific use of legal terms in relation to drug charges. The "agreement of liberty privacy & levying war against the United States" isn't a recognized legal term or standard charge in U.S. law. If you're referring to concepts... View More

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