Municipal Law Questions & Answers by State
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Municipal Law Questions & Answers
Q: I had a municipal marijuana charge in Missouri when I was 17 out of state and now I'm 18 but wasn't able to make it to
1 Answer
| Asked
in
Criminal Law, Traffic Tickets, Juvenile Law and Municipal Law
for
Minnesota
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
Thomas C Gallagher's answer
If it's a question about a Missouri case, you could post the question under the appropriate Missouri category so that a Missouri lawyer will see it, and perhaps answer it for you. In case you weren't aware, this was posted in Minnesota, the wrong state for the question.
If it's a question about a Missouri case, you could post the question under the appropriate Missouri category so that a Missouri lawyer will see it, and perhaps answer it for you. In case you weren't aware, this was posted in Minnesota, the wrong state for the question.
Q: Can you be charged 2 times for the same citation once in Mayors Court and second in County Municipal Court in Ohio
Matthew Williams' answer
Not exactly. If you plead not guilty in Mayor's Court, your case gets transferred to Municipal Court, which may seem like getting charged twice. You may owe court costs in both courts which is getting charged (money charged not traffic or criminally charged) twice.
Not exactly. If you plead not guilty in Mayor's Court, your case gets transferred to Municipal Court, which may seem like getting charged twice. You may owe court costs in both courts which is getting charged (money charged not traffic or criminally charged) twice.
Q: Can I file a tort for minimal damages against the prosecutor and officer for maliciousness
2 Answers
| Asked
in
Civil Litigation, Criminal Law, Civil Rights and Municipal Law
for
New Jersey
on
Answered on Oct 1, 2018
Answered on Oct 1, 2018
H. Scott Aalsberg Esq.'s answer
you posted your question under criminal law you need to repost your question under civil rights so a civil rights lawyer will see your question.
you posted your question under criminal law you need to repost your question under civil rights so a civil rights lawyer will see your question.
Q: Should a POA be recorded in the NC county in which it was notarized or the county where I am presently residing in NC?
Will Blackton's answer
This may depend on how the PoA will be used. If, for example, the PoA is granted to allow one spouse to purchase a residential home in Wake County in the names of both spouses, it would make sense to record the PoA in Wake County.
Who is supposed to honor this PoA? Many businesses/professionals will refuse to honor old PoAs, considering them to have gone "stale."
If you're using the PoA to accomplish a specific task, ask the person who will be honoring the PoA where they...
This may depend on how the PoA will be used. If, for example, the PoA is granted to allow one spouse to purchase a residential home in Wake County in the names of both spouses, it would make sense to record the PoA in Wake County.
Who is supposed to honor this PoA? Many businesses/professionals will refuse to honor old PoAs, considering them to have gone "stale."
If you're using the PoA to accomplish a specific task, ask the person who will be honoring the PoA where they...
Q: Pulled over for public drinking!?
Dale S. Gribow's answer
though more info needed, i don't think anything will happen if they did not cite you
though more info needed, i don't think anything will happen if they did not cite you
Q: city owned home that I have filed a notice of claim against due to damage caused to my home has been sold
Michael David Siegel's answer
The notice of claim is not a lien. You have no claim against the new owner or property. Your money claim against the city survives but must timely be turned into a lawsuit.
The notice of claim is not a lien. You have no claim against the new owner or property. Your money claim against the city survives but must timely be turned into a lawsuit.
Q: Can my citation be dismissed if the officer put a badge number that’s not their real badge number?
Andrea Rogers' answer
Almost any error on a speeding ticket can be corrected at any time by either the police officer or the Prosecuting Attorney. If the description of where the traffic stop occurred was completely wrong, that might be grounds to get the ticket dismissed, but other simple errors are not.
Almost any error on a speeding ticket can be corrected at any time by either the police officer or the Prosecuting Attorney. If the description of where the traffic stop occurred was completely wrong, that might be grounds to get the ticket dismissed, but other simple errors are not.
Q: Change the name of the mother deceased to the only surviving daughter?
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. The surviving daughter has to create her beloved mother's estate and file aprobate court proceedure. The court will then issue a decree naming all of the mother's children (dead or alive) members of the estate. The nephews and nieces will then have to create the deceased member of thier grandmother's estate inorder to represent said member as part of said estate. Each estate will need to file an inheritance tax return and when a tax release is issued...
Good evening and thank you for using JUSTIA. The surviving daughter has to create her beloved mother's estate and file aprobate court proceedure. The court will then issue a decree naming all of the mother's children (dead or alive) members of the estate. The nephews and nieces will then have to create the deceased member of thier grandmother's estate inorder to represent said member as part of said estate. Each estate will need to file an inheritance tax return and when a tax release is issued...
Q: What are my rights? A municipal is threatening to demolish my house.
1 Answer
| Asked
in
Land Use & Zoning, Municipal Law and Real Estate Law
for
Illinois
on
Answered on Sep 8, 2018
Answered on Sep 8, 2018
James G. Ahlberg's answer
There is no way to answer this question without knowing why the municipality is threatening to demolish your house, what their local ordinances provide and whether their local ordinances are appropriate under state law. The stakes are high, so you need to make an appointment with a local lawyer as quickly as possible. Bring any and all notices, letters or other information you received from the municipality to your first appointment with the lawyer.
There is no way to answer this question without knowing why the municipality is threatening to demolish your house, what their local ordinances provide and whether their local ordinances are appropriate under state law. The stakes are high, so you need to make an appointment with a local lawyer as quickly as possible. Bring any and all notices, letters or other information you received from the municipality to your first appointment with the lawyer.
Q: Pro Bono Attorney
1 Answer
| Asked
in
Real Estate Law, Arbitration / Mediation Law, Civil Rights and Municipal Law
for
Pennsylvania
on
Answered on Aug 31, 2018
Answered on Aug 31, 2018
Elizabeth Tarasi's answer
The zoning laws would be in the township ordinance. It would be your responsibility to review the ordinance. You can request a variance.
The zoning laws would be in the township ordinance. It would be your responsibility to review the ordinance. You can request a variance.
Q: Why aren't public unions covered under the LMRDA?
1 Answer
| Asked
in
Employment Law, Gov & Administrative Law and Municipal Law
for
New York
on
Answered on Aug 31, 2018
Answered on Aug 31, 2018
V. Jonas Urba's answer
I think the more important question is how long might labor unions continue to exist in the form we knew them to be?
A big part of society seems to be rebelling against laws and rules. Sort of like the "let those who ride decide" movement opposing motorcycle helmets years ago.
There are costs to laws and rules and to not having laws and rules.
When we make it an extreme challenge to fire someone we have to expect that creative managers and unions will figure out how to...
I think the more important question is how long might labor unions continue to exist in the form we knew them to be?
A big part of society seems to be rebelling against laws and rules. Sort of like the "let those who ride decide" movement opposing motorcycle helmets years ago.
There are costs to laws and rules and to not having laws and rules.
When we make it an extreme challenge to fire someone we have to expect that creative managers and unions will figure out how to...
Q: There's a law on the books in my city (Long Beach, CA) that no one knows the penalty for violating.
Q: I've been paying taxes on 20 acers of land in Byesville OH for 16 years, their are two other siblings on the deed
Joseph Jaap's answer
You each own a 1/3 interest. The county does not care who pays the taxes, as long as they get paid. You don't get it all the acreage, just because you paid the taxes and they didn't. If the acreage is ever sold, all 3 of you must agree to it and sign the deed. At that time, you can tell them you want to be repaid for their share of the taxes or you won't agree to sell. If they refuse to pay, then you can hold up the sale until they agree to pay it. Or you can file a partition action in...
You each own a 1/3 interest. The county does not care who pays the taxes, as long as they get paid. You don't get it all the acreage, just because you paid the taxes and they didn't. If the acreage is ever sold, all 3 of you must agree to it and sign the deed. At that time, you can tell them you want to be repaid for their share of the taxes or you won't agree to sell. If they refuse to pay, then you can hold up the sale until they agree to pay it. Or you can file a partition action in...
Q: I live in Baltimore a neighbors Ivy had damaged windows and is growing onto my deck can I have them remove it
1 Answer
| Asked
in
Real Estate Law, Agricultural Law, Land Use & Zoning and Municipal Law
for
Maryland
on
Answered on Aug 15, 2018
Answered on Aug 15, 2018
Richard Sternberg's answer
First, you can cut the ivy right back to the property line, and cut it back any time it is on your property even if the effect of that is to kill the vine. You may also be able to poison it on your property even if the vine carries that poison back to the roots and kills the plant. If you can find such a poison for that ivy, you can tell your neighbor that you will use it unless he gets his plant off your land.
Your best argument to make it your neighbor’s responsibility is to show...
First, you can cut the ivy right back to the property line, and cut it back any time it is on your property even if the effect of that is to kill the vine. You may also be able to poison it on your property even if the vine carries that poison back to the roots and kills the plant. If you can find such a poison for that ivy, you can tell your neighbor that you will use it unless he gets his plant off your land.
Your best argument to make it your neighbor’s responsibility is to show...
Q: Is it legal for a court to not have any working phone lines? Asking for grounds for a law suit.
1 Answer
| Asked
in
Civil Rights, Federal Crimes, Gov & Administrative Law and Municipal Law
for
Oregon
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Gary Kollin's answer
Be careful.
That sounds like a typical scam.
Read up on them,
There cannot be a contempt of court without a judgment
Be careful.
That sounds like a typical scam.
Read up on them,
There cannot be a contempt of court without a judgment
Q: can a process server be denied entry into a facility
Doak Willis' answer
The answer to that question turns on what type of a facility that you are referring to that may be barring a process server from entering. There are certainly facilities that exist that process servers can be barred from entering. You will need to specify what type facility that your question revolves around.
The answer to that question turns on what type of a facility that you are referring to that may be barring a process server from entering. There are certainly facilities that exist that process servers can be barred from entering. You will need to specify what type facility that your question revolves around.
Q: my mother threatend me that she will sell our home i have resided in pay all bills and improvements if i dont give her $
1 Answer
| Asked
in
Family Law, Real Estate Law, Municipal Law and Social Security
for
Arizona
on
Answered on Aug 6, 2018
Answered on Aug 6, 2018
Peter H. Westby's answer
You should speak with a real estate attorney to learn your legal rights. Once your attorney knows all of the facts, including the history of your use and connection with this property since its purchase, he or she will be able to recommend options. A quiet title action may be of help. A partition action might also be considered. In either case a court will need to determine your interest in this property. Since this is a transaction between family members, it is likely that the written...
You should speak with a real estate attorney to learn your legal rights. Once your attorney knows all of the facts, including the history of your use and connection with this property since its purchase, he or she will be able to recommend options. A quiet title action may be of help. A partition action might also be considered. In either case a court will need to determine your interest in this property. Since this is a transaction between family members, it is likely that the written...
Q: When and how can a file a lawsuit against either a police officer, police station or township for a dismissed charge
2 Answers
| Asked
in
Traffic Tickets, Civil Rights, Constitutional Law and Municipal Law
for
New Jersey
on
Answered on Aug 3, 2018
Answered on Aug 3, 2018
Q: What is considered enough time to speak to your lawyer before a court appearance that is not first appearance.
1 Answer
| Asked
in
Criminal Law, Traffic Tickets and Municipal Law
for
New Jersey
on
Answered on Jul 31, 2018
Answered on Jul 31, 2018
H. Scott Aalsberg Esq.'s answer
No set time, every case is different it depends on the facts of your case the charge that you have and what needs to be done.
No set time, every case is different it depends on the facts of your case the charge that you have and what needs to be done.
Q: f i got pulled over in n a traffic stop an the cops ask me an three other people to step out the car to search the car
1 Answer
| Asked
in
Criminal Law, Civil Rights and Municipal Law
for
Texas
on
Answered on Jul 28, 2018
Answered on Jul 28, 2018
Grant St Julian III's answer
Talk with the attorney of the person charged with the offense; understand, however, that ownership is not the same as possession. Good luck.
Talk with the attorney of the person charged with the offense; understand, however, that ownership is not the same as possession. Good luck.
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