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Municipal Law Questions & Answers
1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: Felonies over ride Misdemeanors is that true in Ohio I had a charge out of mayor's court but went to prison on a felony

Is that mayor's court charge still active

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Feb 1, 2023

Felonies do not override lesser charges. There are usually two judges, common pleas and municipal, with two separate sentences for what you were found guilty. Sentences can be run concurrent or consecutive depending on the judge and facts. If the cases are related you have a shot of getting the... Read more »

1 Answer | Asked in Medical Malpractice, Health Care Law and Municipal Law for Louisiana on
Q: Who insures the Parish Coroner for Malpractice or breach of duty to investigate a mandatory autopsy death?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

I am not certain there is a requirement for insurance, however if the coroner does obtain insurance, either the office of the coroner or the parish in which the coroner is located would most likely obtain the insurance as there is no requirement that each coroner be insured by the same insurance... Read more »

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Florida on
Q: Trying to contact owner of abandoned vehicle or begin process of claiming said vehicle if no response.

So I asked this question prior and it was removed so I have no idea why. I found an abandoned vehicle in a parking lot that I frequent. The vehicle is clearly abandoned and it’s down bad. Tags are many years expired, I contacted police and they said it’s not their problem. I’d like to contact... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2023

Since the vehicle is on private land, that landowner possesses the vehicle. The statutory procedures for acquiring title to abandoned property (including vehicles) would help you only if the vehicle were on public land. See Florida Statutes Chapter 705 at:... Read more »

1 Answer | Asked in Municipal Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Can I sue my ex boyfriend/fiance for money spent on vehicles.

In April of 2020 I bought 2 preowned vehicles both combined equaling to 12 thousand dollars. When I bought them and I was with my ex and do to insurance reasons and my poor driving record he convinced me to put the cars in his name so it would be cheaper to put insurance on the car. After 3 months... Read more »

John Michael Frick
John Michael Frick
answered on Jan 21, 2023

Yes, you can.

It will help your case if you have documentary evidence of your factual allegations including documentation that you paid for the cars and any text or SMS messages from your boyfriend contemporary to the time you bought the cars.

Be prepared for threats to report you...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Municipal Law for Texas on
Q: Dilemma: in a rental home that had main sewer clogs and landlord/owner aware for months. Now it's backing up

Into multiple different homes. This is also in a MUD district. Tenant law says 3 days to fix. Who's responsible?

John Michael Frick
John Michael Frick
answered on Jan 20, 2023

“Into multiple different homes” sounds like this is a municipal utility problem and not a landlord problem.

The landlord would ordinarily be responsible for the section of plumbing from the dwelling to the main sewer line.

This sounds more like a blockage in a sewer main...
Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Municipal Law and Land Use & Zoning for Michigan on
Q: Can I legally move (via tow-truck / paid service) another person's car from my property?

Next door neighbor owns a car (junk, not running); the car sits in the back yard between our houses. The car straddles the property line. It's been there for years. I want to clean up my back yard, get landscaping, and put up a fence. The car must be moved. But, my neighbor won't move... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2023

IF (and that is a HUGE unknown!) the car is on your land, the neighbor is trespassing.

Are you 100% Absolutely Positively Undeniably CERTAIN of us on your land? You can have it removed but not necessarily onto the neighbor’s land — unless they neighbor consents to that. (You don’t...
Read more »

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: I am trying to locate a Calaveras Cty attorney to help deal with a problem we are having with the Paloma water company.

The water co (Cal. Public Utility District) refuses to shut our account down even though the house has been red-tagged and cannot be lived-in. They continue to bill us for the basic fee even though the bill shows zero usage.

Tim Akpinar
Tim Akpinar
answered on Jan 12, 2023

A California attorney could advise best, but your question remains open for three weeks. In addition to your own searches, you could use the tab above, Find a Lawyer. Also, most state bar associations have a section for attorney referral services on their websites. Good luck

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Jersey on
Q: can i be charged for criminal trespassing if I was not even on private property when police arrived to my residence?

I injured my back while riding my atv and had to call an ambulance to get to the hospital since i couldn't drive. Police came to my home upon the call as they stated they needed to fill out a report for any type of accident called in via 911. The officers stated they were not issuing tickets... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 10, 2023

Yes they can charge you even up to a year later for criminal cases in Municipal Court. That being said I would suggest hiring a lawyer you may have a defense in this case. Most of us criminal lawyers offer a free in office consultation, I would suggest that you set one up.

1 Answer | Asked in Municipal Law for Indiana on
Q: Can I bring my own empty cup to drink out of while at a bar

Bartender fills cup it was empty when I arriived

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2023

An Indiana attorney could advise best, but your question remains open for four weeks. Until you're able to consult with a local attorney on specific local laws, it could be up to the establishment. It's possible they could object for health, business, or other reasons. Good luck

1 Answer | Asked in Municipal Law, Small Claims and Construction Law for Nebraska on
Q: we hired a guy to do our sideing and roof on the house back in september we havent heard from him since what to do
Julie Fowler
Julie Fowler
answered on Jan 9, 2023

I assume that you also paid this person. There are cases of fraud where a contractor accepts payment or partial payment and then leaves the area without doing any work or having the intention to do so. If you believe you may have been scammed, you may want to contact the non-emergency line and... Read more »

2 Answers | Asked in Criminal Law and Municipal Law for Florida on
Q: If I entered a gated community in Florida with no trespassing signs but didn’t enter anyone’s property is that trespass

If I entered a gated community, in Florida that has no trespassing signs, but did not enter anyone’s private property only hanged out on the communities playground and did not leave when asked by a homeowner is that considered trespassing?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 4, 2023

Absolutely! Gated communities have private streets that are owned by the community. They do not need trespassing signs. The fact that there are gates are your notice you need to be an owner or invited into the community.

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1 Answer | Asked in Municipal Law for Louisiana on
Q: if i go to a beach in an open area and release a chinese floating lanterns, would that be il?
Tim Akpinar
Tim Akpinar
answered on Dec 30, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. Nationwide, such activity could trigger regulations in terms of fire & safety codes and environmental codes for unlawful discharges on waterways. Check with a local attorney firsthand to avoid problems. Good luck

1 Answer | Asked in Consumer Law and Municipal Law for Alabama on
Q: Does one have the right to choose who removes and takes household garbage to the dump in crenshaw county Al.these days?

What does the law specify about who may collect & take my garbage to the dump?

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Dec 28, 2022

The question depends on local ordinances. Google the Town of Valley, Alabama for information about arrests relating to garbage collection. It will likely be the subject of both civil and criminal matters. If you have a case, you should contact a lawyer for specific advice. I wish you the best.

1 Answer | Asked in Real Estate Law and Municipal Law for New York on
Q: I have trees forming a very tall hedge in front of my house. Code enforcement says it block my address number.

If you are in front of the driveway opening it is visible looking from the street, but anywhere else you wouldn't be able to see the house numbers. I want the privacy. The trees are 10-20 ft tall. Can the city make cut them down in height? I'm in Syracuse, NY.

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

Dear Syracuse Home Owner:

It would help if you provided the section of the e-code with the violation cited by the inspector. There are many reasons to make a house number visible from the road before driving past the driveway, especially for emergency vehicles looking for your house in the dark.

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for Minnesota on
Q: Can Minnesota residents be fined today, for not wearing a face mask back in the 'Peacetime Emergency' times?

Hello

Even though as of today those various COVID mask requirements and executive orders in Minnesota have expired, can someone be still fined, if for example this person was recorded and identified on video visiting a bar or restaurant without a mask back in 2020, during 'Peacetime... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 16, 2022

Because Minnesota Statutes §609.735 CONCEALING IDENTITY, appears to make wearing a mask "to prevent spread of disease" (as opposed to "medical treatment"), in public, a crime; I would challenge any attempt to enforce an "executive order" to the contrary. I've... Read more »

2 Answers | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: No, only two names. One on birth cert. The other on ID's now expired. Can't do anything witout ID.

People...I have no ID and no entity will give me one. These True ID laws are the problem. Birth cert. name and SS# name are different, and I don't have current ID. STOPS EVERYTHING!

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2022

You are apparently attempting to add to your prior post, but the way this Justia site works is that each time you post, it is viewed as a brand new post, seen by a different set of lawyers who may or may not overlap with the lawyers who saw your prior post. If you wish to follow up with the lawyer... Read more »

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1 Answer | Asked in Education Law and Municipal Law for New York on
Q: Aren't each township in each state supposed to inform the drivers that there is a school nearby by displaying signs?
Tim Akpinar
Tim Akpinar
answered on Dec 6, 2022

In New York State, guidelines for displaying signs in school zones are found in NYS DOT regulations. See the link...... Read more »

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Texas on
Q: In Texas, what are the powers of a security guard when hired to do security for a public neighborhood?

Can they tow cars, or ask people not to smoke weed in a public park?

John Michael Frick
John Michael Frick
answered on Dec 2, 2022

Security guards cannot tow vehicles. Only licensed towing companies can lawfully tow vehicles.

Anyone can ask someone not to smoke weed in a public park, including security guards.

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Indiana on
Q: May I run a massage therapy business in my home, if I live in Marion county, indianapolis, Indiana, 46241
Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Nov 26, 2022

I cannot answer your question off the top of my head, but the two areas of possible concern:

(1) Are Indiana massage therapists, in general, subject to laws that would prohibit you from practicing in your home? Sources of possible restrictions include the provisions of the Indiana Code...
Read more »

1 Answer | Asked in Small Claims and Municipal Law for Indiana on
Q: I have a vehicle that I put in someone else's name for a time and they promised to sign the title back over but won't?

How can I get the title back in my name and out of theirs?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 22, 2022

Your only hope is to sue them, but I don't know what you'd allege. When you signed the title to them, voluntarily, it became their car. I know this was all verbal. See an attorney and expect to pay a good amount for someone to take your case.

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