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Municipal Law Questions & Answers
1 Answer | Asked in Criminal Law and Municipal Law for Alabama on
Q: how does a person go about getting discovery if you do not have a lawyer?

Is there a wrong and right way to ask for discovery?

Kate Furek
Kate Furek answered on Feb 20, 2020

If you are charged with a crime that carries the possibility of a jail sentence (any felony or misdemeanor), it is in your best interest to hire a lawyer. If you are indigent (you do not make enough money to afford a lawyer), one can be appointed to represent you. You should go to your first court... Read more »

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: Car towed from front of parents driveway on dead end. Only driveway there. Can I fight ticket and get tow expense back

Parked in front of parents driveway on dead end street for church on Sunday. Arrived about 9:30 for church which started at 9:00. Car gone when leaving and found to be towed. No one at church or home called in car. Report from police to release car says call made at 8:13. I was still at my home.... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 17, 2020

You would need to check the borough ordinance for your city or town however generally it is never acceptable to park in front of a driveway even if it is your own.

1 Answer | Asked in Civil Rights, Landlord - Tenant and Municipal Law for Pennsylvania on
Q: Is it illegal for me to take my break outside of my building under the awning?

New tenant in the building is telling people who work in my office they are not allowed to stand in front of their office on the first floor. We have an awning on the building that protects from rain. I am not impeding the flow of traffic or talking to anyone. I work in the same building on a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

Depends on how the lease defines that space. If it's part of the public entrance, anyone can stand there. Your employer may want to suggest to the landlord some alternative or approach the business owner on the first floor.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Georgia on
Q: Is it inhuman to keep an inmate in a holding cell for 13 days without a phone call or visit of any kind. Under invest.
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 10, 2020

It depends. It is best to consult an attorney as soon as possible who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Municipal Law for Missouri on
Q: Are verbal resignations accepted?

How long after an Officer walks out of the meeting do they have to resign? Can they just be absent with no notice if they are staying or going.

Tim Akpinar
Tim Akpinar answered on Feb 4, 2020

Your post remains open for five weeks. At this point, you could consider contacting an employment attorney, possibly one who is familiar with protocols for municipal employees. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Was charged with 2c:35-10c and was just put on Conditional Dismissal. First drug offense and I'm a nervous wreck
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 3, 2020

Get yourself a good lawyer to reduce the penalties you face with your new charge and your old charge which will now come back to haunt you. Just remember the old saying a good lawyer is never cheap and a cheap lawyer is never . . . as they say in life you get the quality you pay for

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: 2c:35-10c

Was charged with this and on a conditional discharge

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 3, 2020

That means you face the full penalty of your new charge and will be kicked out of the conditional discharge for your original charge and face those penalties also. I suggest you set up a consultation with a good lawyer to give yourself the best chance of avoiding the full penalties you face.

1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Municipal Law for Alabama on
Q: Can the city of Millbrook have jurisdiction in Prattville on highwAy 14

I was pulled over by Millbrook city officer after I had crossed under the interstate 65 exchange and beyond the first red light you come to when you cross into Prattville on highwAy 14.he pulled behind me at the red light and when the light turned green turned on the blue lights.I don't believe he... Read more »

Whitney Benjamin Polson
Whitney Benjamin Polson answered on Jan 17, 2020

Venue is the legal term for where a legal case can be tried. If the crime and arrest were outside the city limits jurisdiction of the Millbrook officer, then your criminal lawyer can file an appropriate motion to dismiss the charge for improper venue.

1 Answer | Asked in Traffic Tickets, Collections, Municipal Law and Small Claims for Texas on
Q: Can a 15 yr old traffic ticket in my maiden name still be pursued or can it be dismissed since it's not my legal name?

A small TX county sent me a postcard saying I had an outstanding criminal case against me pending. Called the county and was told their software was updated so all outstanding tickets were being pursued. No warrant yet, drivers license eligibility is still good. Need to find out how far back TX DPS... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, a 15 year old traffic ticket can still be prosecuted even if the citation was issued in your maiden name and you are now married. The question is: were you the individual who was issued the ticket back then, regardless of what your name was or is now. Request an abstract of your record from... Read more »

1 Answer | Asked in Municipal Law for New York on
Q: I was traveling in Manhattan through subway and someone outside the gate told me he had an emergency.

I was traveling in Manhattan through subway and someone outside the gate told me he had an emergency and wanted me to open the emergency exit for him. I was unaware of his real goal and let him come in but then I realized this was wrong. No police or staff was in that station at that time and no... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 14, 2020

For the most meaningful analysis of your situation, a New York criminal defense attorney is really best suited to advise you; you could repost in that category. But as a practical matter in light of your awaiting an answer on this board with concern, you would have likely been stopped right then... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for Colorado on
Q: If someone has a warrant and lives in the same house as someone on parole, can the person with a warrant be arrested?
Brian K. McHugh
Brian K. McHugh answered on Jan 13, 2020

Yes, the person who has an arrest warrant can be arrested in the house they share with another person, whether that other person is on parole or not.

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Municipal Law for Texas on
Q: Old friend picks me up to move me to his home. Abandons me the next morning at a hotel. Can I do anything about it?
Tim Akpinar
Tim Akpinar answered on Dec 29, 2019

I'm sorry this happened to you. Unfortunately, based on the brief facts, there doesn't really seem to be anything there in terms of a legal cause of action. Good luck

Tim Akpinar

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New York on
Q: Can a volunteer fire officer supervise career firefighters and career fire officers?
Tim Akpinar
Tim Akpinar answered on Dec 25, 2019

This sounds like something that an employment attorney might be more likely to know than attorneys in the posted categories - if there is a possibility the issue is addressed in a collective bargaining agreement or other employment-related contract. Municipal or administrative laws might not go... Read more »

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Municipal Law for California on
Q: Who does make sure cities in a state ( California) comply with state laws?
Michael Doland
Michael Doland answered on Dec 24, 2019

Your question is too vague to permit any analysis. What laws?

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Ohio on
Q: Being arrested and held for 19 days without arraignment.... Is this a violation of due process?
Patrick DiChiro
Patrick DiChiro answered on Dec 20, 2019

YES. UNLESS THERE IS SOME OTHER TYPE OF DETAINER ON YOU LIKE A PROBATION VIOLATION HOLD OR PAROLE VIOLATION HOLD.

BEST WISHES,

PAT DICHIRO

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Why is a “theft by deception” case for over 5K being heard in municipal rather than superior court in Middlesex, NJ?

I am the plaintiff. I have excellent proof. Is there any way I can get prosecutors to change it to Superior Court?

Howard Lesnik
Howard Lesnik answered on Dec 19, 2019

Prosecutors have the discretion on whether to keep the case in Superior Court, or downgrade it to Municipal Court. You can provide your proof of loss to the prosecutor and request restitution, or you can file a claim in special civil part to recover your damages.

1 Answer | Asked in Family Law, Collections and Municipal Law for Ohio on
Q: Everything I get when I’m a minor can I take when I move out at 18.

I’m still in high school and I live with my mother

Joseph Jaap
Joseph Jaap answered on Dec 10, 2019

Sure. Take what is "yours." And if you take something that is not "yours," or she claims is not "yours," she could file a police report for theft. Not a good way to start out being an adult when you turn 18. Can you prove those items are "yours." Do you have receipts? Since you are asking... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for Texas on
Q: What does anno and nisi mean

These phase was in my background check for my court dates

Grant St Julian III
Grant St Julian III answered on Dec 9, 2019

"Anno" means the case is scheduled for an announcement setting, and "nisi" refers to the status of the bond posted in the case. "Nisi" is not good. Call your lawyer. Good luck.

2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on
Q: Why is a “theft by deception” case for over 5K being heard in municipal rather than superior court in Middlesex, NJ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 8, 2019

Generally a case like this would be downgraded to municipal court because the proofs against the defendant are weak. Prosecutors know that the conviction rate in Municipal Court is much much higher than in Superior Court especially for theft charges.

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1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Q: What is the difference of being charged in municipal court in NJ vs being charged in Superior Court for $5200?

Theft by deception charge, Middlesex County, NJ. Thx for your answer. However, it is actually being heard in Municpal Court, NOT Superior Court. The charge is for the Amt. Stated. Why is it being heard in Municipal Court?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 7, 2019

A very big difference in Municipal Court you're only subject up to 180 days in jail and up to a thousand-dollar fine. However the amount taken must have been under $200 to be in Municipal Court. Amounts taken over $200 and up to $500 is in Superior Court and subjects the offender to up to 18... Read more »

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