Municipal Law Questions & Answers by State
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Municipal Law Questions & Answers
Q: Hello, did violation code 39:4-144 have point or not?
H. Scott Aalsberg Esq.'s answer
Yes it has 2 points, if you need to get rid of these points and have the least effect on your record, your best option is to hire a good lawyer.
Yes it has 2 points, if you need to get rid of these points and have the least effect on your record, your best option is to hire a good lawyer.
Q: I have a disorderly person offense that I missed my court appearance on in municipal Court in Camden county NJ.
H. Scott Aalsberg Esq.'s answer
The bail reform act did not cover cases in Municipal Court. You need to pay the warrant. I would also suggest hiring a lawyer for the disorderly persons offense if you cannot afford one after you pay the warrant you can apply for a public defender.
The bail reform act did not cover cases in Municipal Court. You need to pay the warrant. I would also suggest hiring a lawyer for the disorderly persons offense if you cannot afford one after you pay the warrant you can apply for a public defender.
Q: I am the defendant in a case where the original judge took a matter under submission.
1 Answer
| Asked
in
Contracts, Real Estate Law, Municipal Law and Small Claims
for
California
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Thomas A. Grossman's answer
I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.
I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.
Q: If an individual travereses on frozen water, do they do so at their own risk?
1 Answer
| Asked
in
Personal Injury, Civil Litigation, Insurance Defense and Municipal Law
for
New York
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter Munsing's answer
First, don't put you email up ---ask Justia to take it down.
I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.
I fyou are trying...
First, don't put you email up ---ask Justia to take it down.
I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.
I fyou are trying...
Q: Is my first appearance in municipal court an initial appearance?Can prior felony convictions be used against me.
Arthur Calderon's answer
Once you are arrested, you will be taken before the judge for an initial appearance, at which point you will be told of the charges against you, and bond will be set. After that (and usually this applies for municipal court), the first court date afterwards is the deadline to enter a plea of guilty or not guilty. If a not guilty plea is entered, then the matter will be set for trial.
That being said, as you move forward for trial, you will need an attorney to file the necessary...
Once you are arrested, you will be taken before the judge for an initial appearance, at which point you will be told of the charges against you, and bond will be set. After that (and usually this applies for municipal court), the first court date afterwards is the deadline to enter a plea of guilty or not guilty. If a not guilty plea is entered, then the matter will be set for trial.
That being said, as you move forward for trial, you will need an attorney to file the necessary...
Q: I was involved in a liquor board sting. I was not given a ticket, citation, summons, any sort of notification to appear
Stan Glisson's answer
Unfortunately this is not uncommon. Investigators send their report to the local prosecutor, who may take weeks or months to file a charge. The court sends a summons to whatever address they can find for you, and that is often an out of date address; could be the one you had the last time you got a speeding ticket for example.
You don't get the summons, so you don't appear at the first court date and they issue a warrant.
You should definitely get in contact with a lawyer who...
Unfortunately this is not uncommon. Investigators send their report to the local prosecutor, who may take weeks or months to file a charge. The court sends a summons to whatever address they can find for you, and that is often an out of date address; could be the one you had the last time you got a speeding ticket for example.
You don't get the summons, so you don't appear at the first court date and they issue a warrant.
You should definitely get in contact with a lawyer who...
Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits
1 Answer
| Asked
in
Family Law, Military Law, Municipal Law and Probate
for
California
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
Richard Samuel Price's answer
His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was married for a long term, there probably isn't any separate property.
You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.
His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was married for a long term, there probably isn't any separate property.
You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.
Q: Can my son go to jail for a violation of PTI?
1 Answer
| Asked
in
Traffic Tickets, Criminal Law and Municipal Law
for
New Jersey
on
Answered on Jan 10, 2019
Answered on Jan 10, 2019
H. Scott Aalsberg Esq.'s answer
Yes it is possible he could go to jail, but much more information would be needed to assess what would happen in his case. I suggest you speak with the lawyer who handled his PTI CHARGE as he would know best, or setup a consultation with a new lawyer if you were not satisfied with your prior lawyer.
Yes it is possible he could go to jail, but much more information would be needed to assess what would happen in his case. I suggest you speak with the lawyer who handled his PTI CHARGE as he would know best, or setup a consultation with a new lawyer if you were not satisfied with your prior lawyer.
Q: I have a judge ordered CS payment due for 1/2019. Have 2 pay in full or can I split up pay as long as it's by 1/31/19?
1 Answer
| Asked
in
Criminal Law, Family Law, Child Support and Municipal Law
for
Texas
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Look at your order for the due date. Follow that. It should state the exact date that it is due. To be on the safe side pay be that date.
Look at your order for the due date. Follow that. It should state the exact date that it is due. To be on the safe side pay be that date.
Q: I'm trying to find help I have assult with intent to commit sexual abuse 33 year old female
Matthew Williams' answer
You need to hire an attorney. You should not be discussing this in an online forum.
You need to hire an attorney. You should not be discussing this in an online forum.
Q: Can a case be thrown out after diversion
Ecleynne Mercy's answer
After success completion of the diversion program, you case will be dismissed. Thus, giving you the opportunity to have that arrest and that charge Restricted from you Record with a record restriction. I hope this helps!
Ecleynne Mercy Esq.
(404) 599-3031
Mercy Law P.C.
www.mercylawpc.com
After success completion of the diversion program, you case will be dismissed. Thus, giving you the opportunity to have that arrest and that charge Restricted from you Record with a record restriction. I hope this helps!
Ecleynne Mercy Esq.
(404) 599-3031
Mercy Law P.C.
www.mercylawpc.com
Q: Can a city government impose exorbitant civil fines on a senior citizen FL homesteader with income below poverty line?
Charles M. Baron's answer
Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code enforcement officials are willing to reach a settlement with the "violator", and having an attorney contesting the matter would give her more leverage in settlement negotiations.
Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code enforcement officials are willing to reach a settlement with the "violator", and having an attorney contesting the matter would give her more leverage in settlement negotiations.
Q: Starting a cannabis processing company in michigan and in search of answers regarding location, laws and licensing.
Brent T. Geers' answer
Join the crowd! With passage of the new law, we are in the midst of a rush. Opening a new business regulated by new and untested laws can be a recipe for disaster. If you do not have experience in this industry, I would highly suggest you talk with operators in other states with similar laws (e.g. Colorado). It will not be easy, and it most likely will cost significant amounts of money to start right.
Join the crowd! With passage of the new law, we are in the midst of a rush. Opening a new business regulated by new and untested laws can be a recipe for disaster. If you do not have experience in this industry, I would highly suggest you talk with operators in other states with similar laws (e.g. Colorado). It will not be easy, and it most likely will cost significant amounts of money to start right.
Q: Is purse snatching a violent crime?
1 Answer
| Asked
in
Criminal Law, Federal Crimes and Municipal Law
for
Louisiana
on
Answered on Nov 18, 2018
Answered on Nov 18, 2018
Ellen Cronin Badeaux's answer
The law does not disriminate between being in her hand, on her shoulder, in a cart or on the front see of a car. But your attorney can make that defense.
The law does not disriminate between being in her hand, on her shoulder, in a cart or on the front see of a car. But your attorney can make that defense.
Q: Can a city reimburse council members for purchase of concert tickets?
1 Answer
| Asked
in
Traffic Tickets, Gov & Administrative Law, Municipal Law and Public Benefits
for
Texas
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
Q: If I rent from my friend and her old man getting out of jail with a gun charge can I have my bb gun in my room?
Dale S. Gribow's answer
IF HE IS THE ONE WITH ISSUES THEN HE SHOULD BE CONCERNED......NOT SO MUCH YOU.
IF HE IS THE ONE WITH ISSUES THEN HE SHOULD BE CONCERNED......NOT SO MUCH YOU.
Q: Do lawyers accept civil rights suits on contingency??
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law
for
New York
on
Answered on Nov 4, 2018
Answered on Nov 4, 2018
Q: How do you get an interdiction removed in virginia?
1 Answer
| Asked
in
DUI / DWI, Civil Rights and Municipal Law
for
Virginia
on
Answered on Oct 26, 2018
Answered on Oct 26, 2018
Daniel P Leavitt's answer
In Virginia, the court that entered the order may amend it or cancel it:
https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-333/
You would need to have a hearing before the court that entered the order (and presumably satisfy them that it should not be in place).
In Virginia, the court that entered the order may amend it or cancel it:
https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-333/
You would need to have a hearing before the court that entered the order (and presumably satisfy them that it should not be in place).
Q: What's the max jail time for poss. of ammunition?
1 Answer
| Asked
in
Criminal Law, Constitutional Law, Gov & Administrative Law and Municipal Law
for
California
on
Answered on Oct 25, 2018
Answered on Oct 25, 2018
Dale S. Gribow's answer
NEED MORE INFO
IT WOULD BE HARD FOR ANY LAWYER TO SELL THAT HE (A FELON) JUST FOUND THE BULLETS..............MINUTES B/F STOP.......NOT VERY LIKELY..............THOUGH POSSIBLE.
EVERY JUDGE SENTENCES DIFFERENTLY BASED ON THE FACTS. THE CURRENT LAWYER IS IN THE BEST POSITION TO SHARE THAT INFO
SOMETIMES A CLIENT INTERPRETS A PD AS NOT BEING HELPFUL WHEN S/HE IS TRY TO SAVE YOU FROM GOING TO TRIAL ON A CASE THAT IS UNLIKELY TO BE WON AND THUS HAVE THE CLIENT SUFFER A MORE...
NEED MORE INFO
IT WOULD BE HARD FOR ANY LAWYER TO SELL THAT HE (A FELON) JUST FOUND THE BULLETS..............MINUTES B/F STOP.......NOT VERY LIKELY..............THOUGH POSSIBLE.
EVERY JUDGE SENTENCES DIFFERENTLY BASED ON THE FACTS. THE CURRENT LAWYER IS IN THE BEST POSITION TO SHARE THAT INFO
SOMETIMES A CLIENT INTERPRETS A PD AS NOT BEING HELPFUL WHEN S/HE IS TRY TO SAVE YOU FROM GOING TO TRIAL ON A CASE THAT IS UNLIKELY TO BE WON AND THUS HAVE THE CLIENT SUFFER A MORE...
Q: Can neighbor complaints be enough for a judge to sign a search warrant in Ga
1 Answer
| Asked
in
Criminal Law, Landlord - Tenant and Municipal Law
for
Georgia
on
Answered on Oct 23, 2018
Answered on Oct 23, 2018
David Edward Boyle's answer
Possibly, depends on what information they provided. If the neighbors told the police they saw you kill someone and bury them in the backyard then of course that would be enough to justify a search warrant to dig up your backyard.
Possibly, depends on what information they provided. If the neighbors told the police they saw you kill someone and bury them in the backyard then of course that would be enough to justify a search warrant to dig up your backyard.
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