Municipal Law Questions & Answers by State

Municipal Law Questions & Answers

Q: Cited with warning and citation for $150 with court date next month am I going to jail for this?

1 Answer | Asked in Criminal Law, Traffic Tickets, Gov & Administrative Law and Municipal Law for Oklahoma on
Answered on Nov 14, 2017

I don't understand what you got the ticket for. A "Warning" ticket doesn't require a fine, or court date. Take a good close look at the ticket, and ask your question again.

Sorry I can't help more.
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Q: I currently have a Misd Dom A&B from 2007/2008, and 2015 GRoss Mis Conduct, can I possibly get these off my record?

1 Answer | Asked in Criminal Law, Domestic Violence and Municipal Law for Oklahoma on
Answered on Nov 13, 2017

You should consult an experienced Criminal Law Attorney, in your area, for help with this problem.

My My website, http://www.GaryJDean.com in the blog section has info on Expungement.
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Q: An 81 year old woman hoarder has been cited by Barrington NJ health department, but can't afford to clean up property

2 Answers | Asked in Foreclosure, Municipal Law and Real Estate Law for New Jersey on
Answered on Nov 9, 2017

She can just walk away and move.
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Q: Can a city choose to allow cannabis related businesses even if it is banned inside the same county?

1 Answer | Asked in Business Law, Civil Rights and Municipal Law for California on
Answered on Nov 6, 2017

The short answer is probably yes. Many small cities are looking to take advantage of the relaxed marijuana laws as a source of income for the residents.
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Q: Im in Lima Ohio, I had eviction court today but didn't make it, will they be able to kick me out tonight? I have a baby

1 Answer | Asked in Landlord - Tenant and Municipal Law for Ohio on
Answered on Nov 2, 2017

The court typically gives tenant 7 to 10 days to vacate, but it can be quicker. So find a new place as soon as you can. Talk to your landlord to find out. If you need help, talk to local housing agencies or shelters.
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Q: what legal right does a judge have in ordering I can't do? like i am not allowed to drive my kids due to a wreck.

1 Answer | Asked in Divorce, Civil Rights, Gov & Administrative Law and Municipal Law for Oklahoma on
Answered on Oct 27, 2017

The court has the power to make orders that the court determines to be in the best interest of the children. Best bet is get an attorney if you don't already have one.
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Q: In park after closed. Wrong year of car written on ticket and statement. Can it be dismissed?

1 Answer | Asked in Traffic Tickets, Criminal Law and Municipal Law for Washington on
Answered on Oct 26, 2017

Why on earth are you doing a jury trial pro se? No, the errors on the citation aren't going to get you a dismissal. No, you do not NEED to subpoena the officer, unless you really want him to be there. I can't imagine the city can put on their case without him, so they will subpoena him.
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Q: How should I prevent my car wrongfully being towed?

1 Answer | Asked in Landlord - Tenant, Municipal Law and Small Claims for Virginia on
Answered on Oct 15, 2017

A time stamped photo is a great idea. If you are then towed, call the police and report the car as stolen.
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Q: Would the violation of municipal ordinance 271-1A Loitering be consider a moral turpitude issue?

1 Answer | Asked in Municipal Law, Traffic Tickets and Criminal Law for New Jersey on
Answered on Oct 12, 2017

Maybe it would depend on the facts of your case. I suggest an in office consultation with a lawyer. If this is about immigration expect to pay a consultation fee.
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Q: It is unconstitutional for my local city to charge me $100/day for violating a city ordinance regarding recreational veh

3 Answers | Asked in Gov & Administrative Law, Real Estate Law, Civil Rights and Municipal Law for Florida on
Answered on Oct 11, 2017

No way to say for sure without being able to review the ordinance and the paperwork you have received.

You need to hire an attorney to assist you as the fine is likely supported by the authority of the city as a governmental body.
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Q: i received a civil summons in the mail monday then ttoday i got another one exactly the same as the first.

1 Answer | Asked in Civil Litigation, Collections, Municipal Law and Small Claims for Ohio on
Answered on Oct 10, 2017

You should consult an attorney. You should definitely not ignore. You may want to consult your divorce attorney. Your divorce decree may discuss who is responsible for the debt. The divorce decree will have no impact or effect upon the Plaintiff/ creditor, but if your wife was to be responsible for the debt, then you may be reimbursed by her.
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Q: Can I sue in small claims then sue in municipal Court if damages exceed $6000.00

1 Answer | Asked in Civil Litigation, Municipal Law and Small Claims for Ohio on
Answered on Sep 28, 2017

No. This is example of claim splitting, and is not allowed.
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Q: Should I sure in small claims or municipal court

2 Answers | Asked in Civil Litigation, Municipal Law and Real Estate Law for Ohio on
Answered on Sep 27, 2017

Destroying ornamental trees can result in treble damages. Depending on how large your tree is, the cost to replace the tree could be quite expensive. IN Ohio small claims monetary jurisdiction is $6,000.00.
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Q: How do I file for expungement following a conditional dismissal in NJ if i never received notification of dismissal?

2 Answers | Asked in Criminal Law, Municipal Law and Probate for New Jersey on
Answered on Sep 25, 2017

You probably need to go to the court and get a certified disposition in most cases but you should not be doing this yourself, you should hire a lawyer to do this for you, or at least advise you on what is proper to be done.
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Q: neighbor's tree leaning on our house after storm. Who's responsible?

1 Answer | Asked in Real Estate Law, Municipal Law and Small Claims for Florida on
Answered on Sep 20, 2017

I am sorry for your misfortune and I'm sorry to say, you are most likely responsible for repairs to the home and tree removal, unless you can prove your neighbor was negligent by not caring for a decayed tree or somehow the tree caused a dangerous condition and should have been trimmed or removed. I would contact your homeowner's insurance company right away to file a claim. Best of Luck! Jennifer
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Q: What legal action can I take against my apartment complex for neighbors disturbing the peace.

1 Answer | Asked in Contracts, Intellectual Property, Municipal Law and Landlord - Tenant for Mississippi on
Answered on Sep 17, 2017

Depending on what your state's law provides for noise ordinances, nuisances, or disorderly conduct, you may be able to pursue a civil action against the tenants under a theory of "negligence per se."

As for the property owner or management company, they too may be liable under similar legal theories. You may be able to pursue such matters in small claims court, seeking an injunction and possibly also damages.

I recommend you discuss the above possibilities with a lawyer...
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Q: I received a false citation, do i fight it? And if so, what are the downfalls if I can't prove the truth?

1 Answer | Asked in Personal Injury, Traffic Tickets, Car Accidents and Municipal Law for Pennsylvania on
Answered on Sep 3, 2017

You plead not guilty. Spelling errors aren't critical. He has to show a witness stated your speed.

If you hit badly enough to flip a vehicle, some ticket's going to come out of it. Sorry, but you have to realize you rear end someone you will be at fault for something. So plead not guilty, get a copy of the police report ($15), then if you want you can call me and I'll walk you through what you have to do.
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Q: Can a local full-time paid fire chief serve as an elected school board official in that same jurisdiction?

1 Answer | Asked in Education Law, Election Law, Gov & Administrative Law and Municipal Law for Michigan on
Answered on Aug 30, 2017

I don't see why not. I'm unaware of any fire chief being an elected position, and so there is no conflict by holding two different elected positions. More importantly, in most cases, the school district (and its board) is a separate and distinct entity from the local government. It's really no different from any other city employee being elected to the school board. The answer would be different, of course, if a school district employee were to be elected to the school board - a clear conflict.
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Q: I have 2 driving without insurance tickets is there anyway I can get them off my record?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Municipal Law for Wisconsin on
Answered on Aug 27, 2017

The following cases remain on CCAP for 5 Years. Traffic Forfeiture Cases (TR)

Non-Traffic Ordinance Violation Cases (FO). Motor vehicle records are a little different and the answere is more complex.. Depends on where Uber is looking. Ask Uber what you can do to assure them that you are insured.
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Q: Is it legal to sleep on my own flat roof? To hang out up there and enjoy the sunset in a lawn chair?

2 Answers | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for California on
Answered on Aug 16, 2017

To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.
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