Municipal Law Questions & Answers by State
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Municipal Law Questions & Answers
Q: Is it legal for a court to not have any working phone lines? Asking for grounds for a law suit.
1 Answer
| Asked
in
Civil Rights, Federal Crimes, Gov & Administrative Law and Municipal Law
for
Oregon
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Gary Kollin's answer
Be careful.
That sounds like a typical scam.
Read up on them,
There cannot be a contempt of court without a judgment
Be careful.
That sounds like a typical scam.
Read up on them,
There cannot be a contempt of court without a judgment
Q: can a process server be denied entry into a facility
Doak Willis' answer
The answer to that question turns on what type of a facility that you are referring to that may be barring a process server from entering. There are certainly facilities that exist that process servers can be barred from entering. You will need to specify what type facility that your question revolves around.
The answer to that question turns on what type of a facility that you are referring to that may be barring a process server from entering. There are certainly facilities that exist that process servers can be barred from entering. You will need to specify what type facility that your question revolves around.
Q: my mother threatend me that she will sell our home i have resided in pay all bills and improvements if i dont give her $
1 Answer
| Asked
in
Family Law, Real Estate Law, Municipal Law and Social Security
for
Arizona
on
Answered on Aug 6, 2018
Answered on Aug 6, 2018
Peter H. Westby's answer
You should speak with a real estate attorney to learn your legal rights. Once your attorney knows all of the facts, including the history of your use and connection with this property since its purchase, he or she will be able to recommend options. A quiet title action may be of help. A partition action might also be considered. In either case a court will need to determine your interest in this property. Since this is a transaction between family members, it is likely that the written...
You should speak with a real estate attorney to learn your legal rights. Once your attorney knows all of the facts, including the history of your use and connection with this property since its purchase, he or she will be able to recommend options. A quiet title action may be of help. A partition action might also be considered. In either case a court will need to determine your interest in this property. Since this is a transaction between family members, it is likely that the written...
Q: When and how can a file a lawsuit against either a police officer, police station or township for a dismissed charge
2 Answers
| Asked
in
Traffic Tickets, Civil Rights, Constitutional Law and Municipal Law
for
New Jersey
on
Answered on Aug 3, 2018
Answered on Aug 3, 2018
Q: What is considered enough time to speak to your lawyer before a court appearance that is not first appearance.
1 Answer
| Asked
in
Criminal Law, Traffic Tickets and Municipal Law
for
New Jersey
on
Answered on Jul 31, 2018
Answered on Jul 31, 2018
H. Scott Aalsberg Esq.'s answer
No set time, every case is different it depends on the facts of your case the charge that you have and what needs to be done.
No set time, every case is different it depends on the facts of your case the charge that you have and what needs to be done.
Q: f i got pulled over in n a traffic stop an the cops ask me an three other people to step out the car to search the car
1 Answer
| Asked
in
Criminal Law, Civil Rights and Municipal Law
for
Texas
on
Answered on Jul 28, 2018
Answered on Jul 28, 2018
Grant St Julian III's answer
Talk with the attorney of the person charged with the offense; understand, however, that ownership is not the same as possession. Good luck.
Talk with the attorney of the person charged with the offense; understand, however, that ownership is not the same as possession. Good luck.
Q: Can a federal rule 12b motion be filed in municipal court for dismissal or is there another motion other then that?
2 Answers
| Asked
in
Criminal Law, Municipal Law and Traffic Tickets
for
New Jersey
on
Answered on Jul 19, 2018
Answered on Jul 19, 2018
Leon Matchin's answer
Federal rules don't apply in municipal court but New Jersey Court Rules 7:1-1, et al do apply so check there.
Federal rules don't apply in municipal court but New Jersey Court Rules 7:1-1, et al do apply so check there.
Q: Does Kansas (City of Wichita) have a law/code requiring disclosure of the height of a restaurant porte cochere?
1 Answer
| Asked
in
Car Accidents, Construction Law and Municipal Law
for
Kansas
on
Answered on Jul 18, 2018
Answered on Jul 18, 2018
Peter Munsing's answer
Bigger problem is if it was close enough that you might hit it you have an obligation to avoid hitting if you could have. For instance if you have a van with a high roof, you would want to get out, check it out, and if close just don't go there.
Bigger problem is if it was close enough that you might hit it you have an obligation to avoid hitting if you could have. For instance if you have a van with a high roof, you would want to get out, check it out, and if close just don't go there.
Q: Can i sue my city & a few builders & surveyoring companies for willfully violating building code?
Terrence H Thorgaard's answer
Perhaps, although the city and building inspectors probably would prevail; if they are relying upon fraudulent surveys.
I'm not sure that a 10' separation between buildings would be a significantly greater fire hazard than a 30' separation, but you probably would need an expert witness to testify to this issue. And, as you note, you might not have the standing to sue if the narrowed setbacks are not adjacent to your property.
You might want to contact the agency that...
Perhaps, although the city and building inspectors probably would prevail; if they are relying upon fraudulent surveys.
I'm not sure that a 10' separation between buildings would be a significantly greater fire hazard than a 30' separation, but you probably would need an expert witness to testify to this issue. And, as you note, you might not have the standing to sue if the narrowed setbacks are not adjacent to your property.
You might want to contact the agency that...
Q: I have warrants out for my arrest from three tickets back in January. When I went online to check on the tickets,
Grant St Julian III's answer
Failure to Appear and Violate Promise to Appear are separate offenses. The $200 maximum fine for class c misdemeanors does not include court costs, late, warrant, or collection fees. Call a local lawyer to see what can be done. Good luck.
Failure to Appear and Violate Promise to Appear are separate offenses. The $200 maximum fine for class c misdemeanors does not include court costs, late, warrant, or collection fees. Call a local lawyer to see what can be done. Good luck.
Q: CanTheft be enhanced in county court after initially receiving a citation if I already have priors and an FTA w warrant?
1 Answer
| Asked
in
Criminal Law, Traffic Tickets and Municipal Law
for
Texas
on
Answered on Jun 29, 2018
Answered on Jun 29, 2018
Grant St Julian III's answer
Theft cases can be enhanced to felony status regardless of the value of the property allegedly stolen if the defendant has two or more previous theft convictions. The decision to enhance charges is made by the DA, not the Judge. Warrants will remain outstanding until bonds are posted, you are arrested or the warrants are recalled by the Judge. Now is the time to borrow money from friends and family. Good luck.
Theft cases can be enhanced to felony status regardless of the value of the property allegedly stolen if the defendant has two or more previous theft convictions. The decision to enhance charges is made by the DA, not the Judge. Warrants will remain outstanding until bonds are posted, you are arrested or the warrants are recalled by the Judge. Now is the time to borrow money from friends and family. Good luck.
Q: Judge told me I would be reimbursed $500 paid in fines upon completion of rehab. Completed rehab but clerk says no.
H. Scott Aalsberg Esq.'s answer
I have never heard of a judge saying this, but if he did you would have to prove it by ordering a copy of the transcript of the case which could cost you several hundreds of dollars.
I have never heard of a judge saying this, but if he did you would have to prove it by ordering a copy of the transcript of the case which could cost you several hundreds of dollars.
Q: If someones incarcerated in the state of Illinois & said to be mentally unstable & should be in psych-ward by the jails
1 Answer
| Asked
in
Criminal Law, Civil Rights and Municipal Law
for
Illinois
on
Answered on May 27, 2018
Answered on May 27, 2018
Q: Do you have to be made aware of a search warrant? Are you privy to the inventory (or copy of it) found in the search?
2 Answers
| Asked
in
Criminal Law, Civil Rights, Municipal Law and White Collar Crime
for
Pennsylvania
on
Answered on May 22, 2018
Answered on May 22, 2018
Cary B. Hall's answer
If you are charged with a crime and there is a search warrant involved, you will get a copy of it -- as well as the inventory list of items seized -- from the District Attorney's Office when they forward their "discovery" to you. That happens at the Court of Common Pleas level, and you're not entitled to it until your case reaches that point. You have no right to know about the search warrant before it's executed -- frankly, that would obliterate the whole point of a search warrant, since...
If you are charged with a crime and there is a search warrant involved, you will get a copy of it -- as well as the inventory list of items seized -- from the District Attorney's Office when they forward their "discovery" to you. That happens at the Court of Common Pleas level, and you're not entitled to it until your case reaches that point. You have no right to know about the search warrant before it's executed -- frankly, that would obliterate the whole point of a search warrant, since...
Q: Public defender representation
2 Answers
| Asked
in
Civil Litigation, Traffic Tickets, Appeals / Appellate Law and Municipal Law
for
New Jersey
on
Answered on May 20, 2018
Answered on May 20, 2018
H. Scott Aalsberg Esq.'s answer
Generally you would need to pay the public defender again, if the judge even Grants you a public defender.
Generally you would need to pay the public defender again, if the judge even Grants you a public defender.
Q: if I shoot a gun on my property, how far do I need to be from my neighbor's house?
David Edward Boyle's answer
There is no set distance from a home. If done unsafely than you can be charged with reckless conduct, a misdemeanor. You might also want to look out county or city ordinances. Some cities restrict entirely the ability to fire a gun in their jurisdiction unless for self defense purposes.
There is no set distance from a home. If done unsafely than you can be charged with reckless conduct, a misdemeanor. You might also want to look out county or city ordinances. Some cities restrict entirely the ability to fire a gun in their jurisdiction unless for self defense purposes.
Q: prior to a tax sale for delinquent water bill, is township allowed to post your information in public places around town
H. Scott Aalsberg Esq.'s answer
It is a public record thus on the face of it, I don't see a reason why they couldn't BUT you may want to hire a lawyer to investigate this for you and get a certain answer.
It is a public record thus on the face of it, I don't see a reason why they couldn't BUT you may want to hire a lawyer to investigate this for you and get a certain answer.
Q: If you have a valid handicapped placard in NJ and money runs out of your meter can a meter maid give you a aummona
H. Scott Aalsberg Esq.'s answer
Best to ask your supervisor at the department on what he wants you do. However are you sure you saw the meter run out wasn't the sun in your eye and it looked as if the meter was not expired?
Best to ask your supervisor at the department on what he wants you do. However are you sure you saw the meter run out wasn't the sun in your eye and it looked as if the meter was not expired?
Q: I’m 16 and I turn 17 in October I live in Prichard al but my mom doesn’t support me my boyfriend douse can I move out
1 Answer
| Asked
in
Family Law, Municipal Law and Small Claims
for
Alabama
on
Answered on May 8, 2018
Answered on May 8, 2018
Kristine Jones' answer
You could become emancipated and then legally you would be an adult. You are not an adult in Alabama until age 19, which means you are a minor child until you reach the age a majority and become an adult in the eyes of the law. Best of luck!
You could become emancipated and then legally you would be an adult. You are not an adult in Alabama until age 19, which means you are a minor child until you reach the age a majority and become an adult in the eyes of the law. Best of luck!
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