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Municipal Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Municipal Law for Texas on
Q: How can I receive any evidenciarte material for my casw

March 25th 1-35 South. Fender Bender. I DON’T DRINK at all. They want to install equipment where I blow into

Kiele Linroth Pace
Kiele Linroth Pace answered on May 27, 2020

Hire a criminal defense attorney to obtain copies of evidence through the "discovery" process outlined in Article 39.14 of the Texas Code of Criminal Procedure.

1 Answer | Asked in Land Use & Zoning, Municipal Law and Small Claims for Florida on
Q: We are an HOA in Florida many properties adjoining the golf course.

Many golfers encroach on private property of homeowners imposing on their privacy and at times damaging property. How can we mitigate that? Fines? Civil Tickets? The course is owned by the City. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 26, 2020

"No trespassing" signs would be a start.

1 Answer | Asked in Municipal Law for Mississippi on
Q: What should you do or expect?

If your accused of shoplifting and at the store u receive a citation telling you when to appear in court but the letter in mail is showing like you were arrested and when the arraignment is. Also its the first time you have had any legal trouble.

Arthur Calderon
Arthur Calderon answered on May 16, 2020

That first date should be the deadline to plead guilty or not guilty. Assuming you plead not guilty, they will then set the matter for trial at some point in the near future.

With that in mind, you should always plead not guilty, and then have your lawyer gather information concerning the...
Read more »

Q: My small town with a population less than 10K is on track to pay the city attorney 500K annually. Is this normal?
George W. Wolff Esq.
George W. Wolff Esq. answered on May 8, 2020

It does seem excessive.

Did they handle any litigation for the City?

Maybe they should put it out for bid?

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1 Answer | Asked in Business Law and Municipal Law for Oklahoma on
Q: Is it Legal for the city utility office to require payment on an old account from 13 years ago Before turning on utilits

Oklahoma Statutes

Title 12. Civil Procedure

§12-95. Limitation of other actions.

Universal Citation: 12 OK Stat § 12-95

A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2020

You have cited a stat statute that governs litigation in the state courts. The city utility is not suing you for the ancient bills you never paid; they are telling you to pay your ancient debt or go get your utilities elsewhere. Be happy they are not asking for interest on this 13 year old... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: A municipality enacted more aggressive measures than the state in regards to their Covid-19 response, can they be sued?

A city and county forced all timeshares closed as part of their Covid-19 response. The state did not close timeshares via their directive. Our particular timeshare has each unit/week deeded and the owners pay their share of the relevant city/county taxes. The city and county have blocked owners... Read more »

Charles M.  Baron
Charles M. Baron answered on May 1, 2020

I agree with Mr. Minnick. You'd have to seek a Court ruling that the municipality's action is not legally valid, and to do that, you would need to challenge the constitutionality of the action. There are various "levels of scrutiny" that the Courts use to determine if the... Read more »

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2 Answers | Asked in Immigration Law and Municipal Law for New Jersey on
Q: What measures do a couple who are age apart and one illegal have to make?

The couple is 13 years apart and the man is of illegal status. Will there be any complications in the process of trying to get married? Also let's say the girl is trying to get a legal status for her parents, will her getting married affect that as well?

Matthew J Hartnett
Matthew J Hartnett answered on Apr 30, 2020

The age difference shouldn't matter. The key for marriage based immigration is that the marriage has to be "bona fide", which means that the marriage cannot only be for immigration purposes. They have to want to be married to each other even if you remove immigration from the... Read more »

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1 Answer | Asked in Criminal Law and Municipal Law for Tennessee on
Q: are detectives jurisdiction allowed to question others in another county
Shanone Emmack
Shanone Emmack answered on Apr 24, 2020

A detective can travel outside his jurisdiction to interview a witness or suspect relevant to his case.

1 Answer | Asked in Constitutional Law and Municipal Law for Florida on
Q: Can Governor overrule a Mayor or County Commissioner stay at home order?

We are having a debate about governor powers over the state.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 14, 2020

Yes, he probably can. Start your discussion by reviewing the governor's order; I believe it sets forth his statutory authority.

1 Answer | Asked in Gov & Administrative Law, Military Law and Municipal Law for Virginia on
Q: What are the guidelines and rules of Tanks that have a deactivated weapon in VA, can I go on the road with them?

For example, can I drive on the road with rubber tracks?

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

If it's one of the brutes, even in a deactivated state, you run the risk of liability for overweight vehicle damage, despite rubber tracks, and the potential for civil lawsuits from municipalities and utility companies for possible damage to sewage infrastructure and underground utilities. You... Read more »

1 Answer | Asked in Municipal Law for Florida on
Q: As part of a city code is the "Intent Statement" an enforceable section if the following code does not support it?
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 6, 2020

In general, no. The intent statement is included in case there is uncertainty as to what the main part of the law was really intended to do.

1 Answer | Asked in Consumer Law and Municipal Law for Nebraska on
Q: Can a municipal golf course put age limit on college student membership rates?

I am 32 year old full-time student, and was told I had to be under 25 to receive the college student membership rate. Is that legal? I feel like I meet the criteria and have the same monetary situation as a college student, and don't think my age should be considered.

Thank you for your time.

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

It looks like something where they could essentially do what they want in terms of their fees. Those types of discounts - college students, veterans, union members, seniors, etc. are essentially up to the entity to do as it pleases. They implement them out of kindness, good will in the community,... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for Pennsylvania on
Q: How can I clear my background check per fine careless driving a few 4 yeas ago, please ...

Was happened in Hershey, an exit of the hospital a stop bus inside the the place

Ellis B. Klein
Ellis B. Klein answered on Apr 2, 2020

The law says you have to wait 5 years from the date of conviction before you can file to expunge the case.

1 Answer | Asked in Personal Injury, Animal / Dog Law and Municipal Law for South Carolina on
Q: we are allowing ebikes in our community which is about 6 sq miles and has about 2500 residents.

sc rules state that ebikes can go on paths, but our paths are for residents getting exercise who are generally 60+, children on bikes, residents with pets, casual bicylers, etc . we want to restrict bikes to the street and not the paths. can you help?

Tim Akpinar
Tim Akpinar answered on Mar 22, 2020

You might not even need a lawyer. You could contact your local officials in the city council or town board and discuss your concerns with them. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights and Municipal Law for Illinois on
Q: Are tasers legal to have and carry in Illinois if a person has a FOID card?

I'd like to keep on at home or in my purse/car.

Kimber Russell
Kimber Russell answered on Mar 10, 2020

Tasers are legal in IL with a valid FOID card, however, there are exceptions to when they may be used including:

--when you intend to use the weapon unlawfully against someone else

--while you’re masked or hooded in a way to hide your identity

--in a place licensed to sell...
Read more »

2 Answers | Asked in Personal Injury, Real Estate Law and Municipal Law for New York on
Q: Is there a specific law stating fire departments are responsible for visitors on department property.

Doing research for a class project

Tim Akpinar
Tim Akpinar answered on Mar 9, 2020

It does not seem like something that would expressly be spelled out in any statute or code. But you should still research and check municipal codes and ordinances (including those written by FDNY) to be certain. If after diligently checking, you find no such provisions, you could consider including... Read more »

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1 Answer | Asked in Criminal Law, Domestic Violence and Municipal Law for Ohio on
Q: What if the family of the defendant is intimidating the victim and the defendant doesn’t even know they are doing it?
Matthew Williams
Matthew Williams answered on Mar 5, 2020

They could be charged with intimidating a witness. It’s likely the defendant would get charged as well. Police and prosecutors will assume he is orchestrating this. Visits and calls should be documented to show that isn’t the case if it isn’t.

1 Answer | Asked in Traffic Tickets, Civil Rights and Municipal Law for Texas on
Q: Do they have the right to keep a warrent on me when they've turned me over to privat collection agency.
Grant St Julian III
Grant St Julian III answered on Mar 5, 2020

I am not sure of you exact question, but a warrant can be outstanding for your arrest while collections efforts are made to collect fines and costs. Calling a lawyer may help. Good luck.

2 Answers | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Is it worth pleasing not guilty to nj39:4-81
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 4, 2020

The answer depends on many factors such as do you have any points on your license are you a US citizen or do you drive for a living if so the answer is definitely yes and hire a good lawyer. If you don't fall into any of these categories then maybe it's just worth paying it because of... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Intellectual Property and Municipal Law for California on
Q: Our house was condemned due to a fire and i dont have any place to go my boyfriend's parent's own the house but was

Arrested for tresspassing twice his parents knew we were staying there and i missed my court dates cause i dont have any transportation to get from barstow to Victorville now i have warrants am i going to go to jail

Dale S. Gribow
Dale S. Gribow answered on Mar 3, 2020

more info needed.

you need to get a public defender to surrender you to the court to quash the warrant and explain to the court your position.

be careful posting on an open forum like this as anyone can read it..........

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