answered on Aug 21, 2021
Not sure of the exact nature of your question. Speedy trial rights are different than the timeline between arrest and charges. And it is true that you cannot be held for very long without any charges.
It is not uncommon - especially in serious crimes - for someone to be arrested or... View More
Need to be open asap. Looking for a lawyer familiar with the NFPA 1124 and With the Michigan and the Bureau of Fire Services
I was sent a text from my public defender that my court hearing would no longer be in person, but on zoom, the time was changed to 2 hours later, and that my public defender would have another person subbing for them. They also said they would text me the zoom link prior to the newly set time. This... View More
answered on Apr 19, 2021
Without knowing your case or details at all, I would assume today's hearing was a pretrial conference or status conference. Often, clients aren't really involved in those hearings unless you are ready to enter a plea. And rarely would anything significant about your case be discussed.... View More
civil infractions, petty-misdemeanor, non-violent misdemeanors, non-violent felonies, etc... .
answered on Mar 12, 2021
With modern technology, it's rare to see a paper arrest warrant. Police can arrest you for misdemeanors committed in their presence, or felonies upon information - there is no distinction between violent or non-violent. Search warrants are a different story.
webb v. state 51 n.j.l. 189 (1889), suggest that it is a requirement under common law.
answered on Mar 12, 2021
The 4th Amendment does govern whether a warrant may be issued and when. Be careful with legal research and relying on case law for information unless you are trained to do so.
unreasonable search and seizure; probable cause; warrant; etc.... .
answered on Mar 12, 2021
Your question is much to broad. The 4th Amendment is the subject of new case law nearly every week. But very broadly, a search or seizure must come about after reasonable suspicion or probable cause.
I am married and my spouse received his stimulus checks but I didn't, do you know why this is happening?
answered on Feb 10, 2021
No one will be able to tell you more about why you are not getting stimulus checks than the IRS. Contact them or go to the IRS website that allows you to track it.
The father claims our 1 child the past few years due to my disability and no taxes to file. I've never signed an 8332 tax form for him to claim the child. We never married either. We do not have any agreement through court for who claims our child on taxes. I read that the custodial parent is... View More
answered on Jan 7, 2021
You will likely need to file a motion in court to get any money back. Here's the thing: the IRS doesn't know what the custody status is of any particular child. They do match social security numbers, and that's how they catch people fraudulently claiming dependents: two people claim... View More
Building a pole building as a residential secondary building for personal storage. Typical 50 x 54 building with vertical beams spaced 8' on center. Inspector won't issue building permit unless beams are 6' on center. Also, inspector won't accept 18" preformed concrete... View More
answered on Dec 18, 2020
The building code sets forth the minimum standard for construction. There must be something in the engineering report that causes their concern. A stamped report from structural engineer should be enough.
answered on Nov 4, 2020
There's a flaw in the premise of your question: your driving record is not entirely confidential.
I was charged (but not convicted) with Minor in Possession of Liquor when I was 16. The case was dismissed. I was told the record would be expunged when I turned 18. I am now 23 and this incident is still showing up on my driving record (Why my driving record??).
This is now hindering my... View More
answered on Jul 15, 2020
Lots of questions here...who told you it would be expunged when you turned 18? And even if true, court records (which a judge would have the power to expunge) are different than the Secretary of State's records (which judges have no authority over).
My first step would be to reach out... View More
I know that he is 21 and signed the app himself, however his recruiter withheld special education info, a learning disability, and mental and physical conditions and told my son that the army will never find out. I believe the recruiter took advantage of my son's inability to understand the... View More
answered on May 11, 2020
There's a whole lot to unpack there. Since it sounds like your son is still in the Army, he will need to proceed through his chain of command and JAG about what his options are. A medical discharge - any discharge - is a process that won't happen overnight, and in cases alleging prior... View More
She has 3 surviving children. Should we cash or send back to treasury.
answered on May 4, 2020
The CARES act does not address this situation and neither has the IRS. The current professional consensus is that where the individual passed in 2019 the estate is allowed to keep the amounts and distribute the funds.
There is not currently a function to return the funds. We don't... View More
I worked TWO jobs, was laid off both. Absolutely no money coming in. Suffered from depression for many years. Will need therapy when this is ovee
answered on Apr 29, 2020
No. To succeed on any emotional distress claim, you need to show that someone intentionally caused, by their actions, you emotional distress. More to your point, you would need to overcome governmental immunity, which is unlikely in this scenario.
answered on Apr 10, 2020
A hotel stay is more like a license than a tenancy. Like any license, it can be revoked. You are allowed to stay so long as you comply with certain conditions AND the hotel offers it.
answered on Mar 30, 2020
The answer will depend on whether the business you work in is essential or if you are an employee deemed necessary to allow for others to remote work. If either of those two scenarios apply and you still want to stay home, you may have some job protection under FMLA. Before making a decision, you... View More
How about bankruptcy? I am completely bankrupt to even pay to file for it. I have many other legal issues if bankruptcy isn't your forte.
answered on Mar 9, 2020
Contact you local bar association or legal aid society. They maintain lists of attorneys who offer pro bono or reduced fee legal services
He has quit claim deed to his property and lives 4 properties down from me.I have a warranty deed,clear title and an easement splits my property.A private road easement is 3/4 mile long and splits numerous properties.My neighbor is sueing me for quiet title and prescriptive easement so his clouded... View More
answered on Oct 27, 2019
Quieting a claim to title is a legal action and challenge that needs to be answered with solid supporting documentation. You should have a real estate attorney review your title work, deeds and related surveys. Your issue with your neighbor would need to be adjudicated by a court. The... View More
I purchased my home back in March this year and I wish to put up an additional garage/pole barn (following all local permit rules). Some of the neighbors have mentioned that this cul-de-sac was a part of a HOA years ago. This was never disclosed to me and I was never given any information during... View More
answered on Aug 15, 2019
Because there was a HOA at one point does not mean there still is. Failure to disclose, failure to collect dues, failure to provide you notice etc all point toward it may not exist any more.
PLEASE take your paperwork to a local real estate attorney to review ASAP (as you should have done... View More
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