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Municipal Law Questions & Answers
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 »

1 Answer | Asked in Municipal Law for New York on
Q: Why are lawyers afraid to go up against local village issues concerning water/sewer charges?
Tim Akpinar
Tim Akpinar answered on Dec 6, 2019

It could be any number of reasons. One could be an issue of conflict, where if the lawyer represents anyone having any affiliation with the village, they don't want a conflict of interest, or at least the appearance of one. Another could be that if the lawyer has aspirations of handling work for... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law, Tax Law and Municipal Law for Wisconsin on
Q: What would total be on property tax bill w/interest for 8 yrs. on 11hundred a yr not paid (1% mo 12% yr) Vernon Cty, WI

If I hadn't been able to pay my property taxes for 8 yrs (and assuming they haven't foreclosed), at $1,100 a yr, what would the total bill be at the end of 8 years, with interest at 1% a month and 12% a year, in Vernon County WI.?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 24, 2019

calculator.com

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2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Municipal Law for Texas on
Q: Hi my name is Nikki. Wanted to see if my felony of DUI/w child under 15 could be expunged, if ever?
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 20, 2019

It can be expunged if all charges stemming from the arrest were dismissed, or if you were found NOT GUILTY at trial, or if your conviction was overturned on appeal or pardoned by the Governor of Texas. If none of those things are true then it can't be expunged unless they change the expunction... Read more »

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1 Answer | Asked in Municipal Law and Traffic Tickets for Washington on
Q: I was pulled over in one county but the municipal court on my ticket is from a different county. Is this possible?
Stan Glisson
Stan Glisson answered on Nov 14, 2019

There are a couple of possibilities, but a lawyer would have to look at the ticket to answer for sure. Could be an error by the citing officer. There are jurisdictions that 'share' a court, when one town doesn't want to maintain its own court. I have never heard of them being in separate counties,... Read more »

1 Answer | Asked in Animal / Dog Law and Municipal Law for California on
Q: neighbors dog broken multiple fence boards in attempts to attack my kids, authorities don’t seem to care, what do I do?

I’ve contacted the owner, animal control, city code enforcement and local police and none of them either seem to care or say there is nothing they can do, I feel the system is failing me here and leaving me no safe options. I need some advice on how to proceed.

William John Light
William John Light answered on Nov 13, 2019

It seems that you need a better fence. Six foot chain link or masonry so that the dog can't chew through it. If it's wood or chain link, beware. The dog can also dig under it. Neighbors have an obligation to share the expenses of a property line fence, assuming that you have otherwise complied... Read more »

1 Answer | Asked in Education Law, Municipal Law and Public Benefits for Georgia on
Q: Is is legal for a PTA to auction off spots for cars in a "parent pick up line" ?

In an elementary school the parent pick up line starts to form more than 90 min before the students are released at the end of the day. The line is very long and the PTA has auctioned off the first two spots in the front of the line for the two parents (with the highest bid) to arrive anytime... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

I don't hear anything illegal about what you have described. As long as the school's administration approves and there are no safety or traffic laws broken, the PTA can auction off those coveted spots. On the other hand, enforcement may prove interesting!

-The Upshaw Law Firm, (770)...
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1 Answer | Asked in Municipal Law for New York on
Q: How can I find out if a lawyer is licenced in New York State
Michael Francis Barrett
Michael Francis Barrett answered on Nov 4, 2019

Visit the New York State Unified Court System website, and search the attorney directory.

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