Lawyers, Answer Questions  & Get Points Log In
Gov & Administrative Law Questions & Answers
Q: After filing writ of mandate with trial court, what do I file to get a court date?

I filed a petition, verification, and memo of points and authorities. They responded and I filed a response as well. How do I get a court date now? The court is telling me I need to file something else but will not tell me what. This is for a writ of mandate challenging a city's actions during... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Sep 28, 2022

Without knowing a lot more information, it would be very difficult for me to answer your question.

My experience is that when the court tells you to file an additional document, they usually tell you exactly what they want. So if you received some kind of notice from the court, I urge you...
Read more »

1 Answer | Asked in Gov & Administrative Law for Texas on
Q: What are some free GRANTS for individual senior citizens?

I'm a 59 year old that lost his job this year and my unemployment has run out, and I don't have any savings to live off of. I'm looking at being homeless unless I can find work or money.

I also have disbilities, so I have to work from home, so it's even more difficult... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2022

A Texas attorney could advise best, but your question remains open for four weeks. I'm sorry for your difficult position. There are online resources for finding grants, but it might be quicker to try to find assistance through public agencies. Grants sometimes carry conditions related to... Read more »

1 Answer | Asked in Appeals / Appellate Law, Election Law and Gov & Administrative Law for California on
Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon

Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

You can put in a motion for a new trial and base it on those grounds.

1 Answer | Asked in Banking, Gov & Administrative Law and Public Benefits for California on
Q: Can the government (EDD) garnish federal student loan money, if it's my only source of income?

I know the government can garnish your bank account or paycheck, but what if your only source of income *is* the government (e.g. unemployment, welfare, federal student loans)?

Can/do they still garnish the funds?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

A loan is not income. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: My driver license in Tennessee has been expired for 8 years. Will I get in trouble if I go to DMV and try and renew them
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 22, 2022

It would be better to have someone else drive you there, or even walk, at least when you leave the Department of Safety. You should be able to get a list of requirements to Reinstate your TNDL. Going to the DOS website may help, as Reinstatement instructions are given there. If there are... Read more »

Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

1 Answer | Asked in Gov & Administrative Law for Oregon on
Q: I own an automobile I wish to donate to a recognized charity. It is garaged in OR, but was moved over 20 years ago ...

... from the last state in which it was registered and has not been registered since. Would there be ramifications to me or the charity about no current registration?

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2022

An Oregon attorney (or an attorney in the last state in which the car was registered) could advise best, but your question remains open for two weeks. In terms of the charity-related issues, it could depend on the organization. Some want a complete folder of paperwork including title, registration,... Read more »

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: Can I appeal test results for the psi exams firearms assessment.

Is there a way to appeal test results with an in-person exam?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

More information is needed. Speak with a gun rights attorney near you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Wrongful Death for California on
Q: What to do when you have just found out you have only 4 months to file a big and maybe federal wrongful death suit?

My husband died, Navy, training accident. 2004. Found out about 10 years later, it was a lot worse than I was told. I wasn’t sure where to go to get help and I want sure of the statutes etc. I ended up finding out that our daughter can still file. Because she was so little when it happened, she... Read more »

William John Light
William John Light
answered on Sep 19, 2022

Find an attorney familiar with the Federal Tort Claims Act. Every case is different. How much someone else may gotten has no relevance to your daughter's claim.

1 Answer | Asked in Gov & Administrative Law on
Q: What happens to a federal judge's law clerks if he dies/goes missing while in office?

I know SCOTUS Justices' clerks get assigned to other Justices, but what about judges of the federal district and circuit courts?

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2022

If the judge is reassigned, they could sometimes take their clerks with them. If the judge is missing, the clerk(s) could be offered clerkship with succeeding judge. It could depend on the specifics of the situation and the needs of the court. Good luck

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can a public building require you to show ID to enter?
Scott Scherr
Scott Scherr
answered on Sep 15, 2022

There is nothing illegal about requiring identification to enter a public building. It helps provide security in case something happens.

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Kentucky on
Q: What exactly happens at a court hearing for a 2nd traffic violation and will I need to hire an attorney or lawyer?

Today I got pulled over for failing to come to a complete stop at a stop sign but ended up getting written up for that and also for an expired license. This is my second traffic violation because my first citation was made for going 6 over the speed limit. I looked up the consequences for driving... Read more »

Timothy Denison
Timothy Denison
answered on Sep 14, 2022

Hire a lawyer and let them handle it for you. You are not goin g to jail.

1 Answer | Asked in Traffic Tickets, Car Accidents and Gov & Administrative Law for California on
Q: What form do I need to file with the courts, to stop the sale of my work truck? Change: Driving on a suspended license!

I am self-employed. On my way to work, I was pulled over for having expired tags by the Claremont ( California) Police Department. My license was suspended by the DMV, for medical reasons. What form do I need to file with the Pomona Court, to allow me more time to finish this process? Work truck... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 12, 2022

YOU SHOULD RETAIN A LOCAL CRIMINAL LAWYER ASAP..........S/HE MAY SUGGEST YOU TAKE CARE OF THE EXPIRE TAGS AND SET IF YOUR MED CONDITION HAS CHANGED SO THAT YOU CAN APPLY FOR A NEW LICENSE.

YOU DON'T HAVE A VALID LICENSE, AND THE MEDICAL CONDITIONS MAY PREVENT YOU FROM GETTING ONE....
Read more »

1 Answer | Asked in Domestic Violence, Family Law, Gov & Administrative Law and Legal Malpractice for Nevada on
Q: My lawyer and judge are friends and I asked my lawyer about an appeal in a cp domestic violence case and she quit.

My lawyer was very rude tryed to coerce me into pleading in family court and quit when I asked about an appeal because I never got 72hr hearing for child removal in Las vegas 89115

Joel Gary Selik
Joel Gary Selik
answered on Sep 3, 2022

What you describe would not be a legal malpractice case.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is the state attorney allowed to withhold option to the PTI program?

State Attorney stated if I chose to have my witness show up and provide statement then I would no longer be able allowed to choose the PTI option offered to me. I saw this as unfair because they chose to file charges without looking at my witnesses statement.

Charles M.  Baron
Charles M. Baron
answered on Sep 1, 2022

Your inquiry is a bit vague regarding what you mean by having your "witness show up and provide statement", but I'm guessing you mean "set the case for trial and have my witness testify at trial." It is totally up to the prosecutor what deal to offer you. If they wish,... Read more »

1 Answer | Asked in Gov & Administrative Law for Louisiana on
Q: is it against the law to have a car that's on flat tires in your driveway in the state of louisiana
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 31, 2022

Most information is needed to respond to your inquiry. You subdivision may have rules which addresses this and.or the parish/city where the vehicle is located may have an ordinance which defines your vehicle as a "junk vehicle" and regulates it. Of course, important things not provided... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Could I get both a motorcycle permit and driver's permit in the state of NY?

I already have a driver's permit in the state of New York, and I was wondering If I could get a motorcycle permit, or would I need to get a driver's license first?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 30, 2022

According to the DMV website, "A New York State resident must have a Class M or Class MJ driver license or learner permit to drive a motorcycle. To get a motorcycle license, you must first get a motorcycle learner permit."... Read more »

1 Answer | Asked in Gov & Administrative Law for Colorado on
Q: i've been called for jury duty in summit county, co, but i moved 2 months ago to another county. do i still have to go?

i no longer live in summit county. I moved to jefferson county 2 months ago. do i still have to do jury duty?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Aug 26, 2022

You may wish to reach out to the contact person listed on the jury duty notice. They may just dismiss you. If no one is listed, you should be able to look up the contact person on the court's website.

But if you are unable to get ahold of anyone then show up and let the staff know....
Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Florida on
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?

Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2022

I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example,... Read more »

View More Answers

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can Erie County Water Authority demand entrance to home to inspect sewer connection. Not a new installation nor mod.

They have sent letters demanding they be allowed to inspect. There is no suggestion of impropriety by the home owner, they are just looking. I don't feel they have any right to demand access. They threaten escalation to those who do not allow inspection. My house is 70 years old and was... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2022

Public water authorities, environmental conservation agencies (sewage), electric utilities, and other public works generally have authority to request reasonable access to their infrastructure for inspection, maintenance, or equipment replacement. This holds nationwide as a matter of public policy.... 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.