Municipal Law Questions & Answers

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
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

Q: can a process server be denied entry into a facility

1 Answer | Asked in Municipal Law for Oklahoma on
Answered on Aug 8, 2018
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.

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
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...

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
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.

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
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.

Q: Can a federal rule 12b motion be filed in municipal court for dismissal or is there another motion other then that?

2 Answers | Asked in Criminal Law, Municipal Law and Traffic Tickets for New Jersey on
Answered on Jul 19, 2018
Leon Matchin's answer
Federal rules don't apply in municipal court but New Jersey Court Rules 7:1-1, et al do apply so check there.

Q: Does Kansas (City of Wichita) have a law/code requiring disclosure of the height of a restaurant porte cochere?

1 Answer | Asked in Car Accidents, Construction Law and Municipal Law for Kansas on
Answered on Jul 18, 2018
Peter Munsing's answer
Bigger problem is if it was close enough that you might hit it you have an obligation to avoid hitting if you could have. For instance if you have a van with a high roof, you would want to get out, check it out, and if close just don't go there.

Q: Can i sue my city & a few builders & surveyoring companies for willfully violating building code?

1 Answer | Asked in Municipal Law for Florida on
Answered on Jul 13, 2018
Terrence H Thorgaard's answer
Perhaps, although the city and building inspectors probably would prevail; if they are relying upon fraudulent surveys.

I'm not sure that a 10' separation between buildings would be a significantly greater fire hazard than a 30' separation, but you probably would need an expert witness to testify to this issue. And, as you note, you might not have the standing to sue if the narrowed setbacks are not adjacent to your property.

You might want to contact the agency that...

Q: I have warrants out for my arrest from three tickets back in January. When I went online to check on the tickets,

1 Answer | Asked in Traffic Tickets and Municipal Law for Texas on
Answered on Jul 9, 2018
Grant St Julian III's answer
Failure to Appear and Violate Promise to Appear are separate offenses. The $200 maximum fine for class c misdemeanors does not include court costs, late, warrant, or collection fees. Call a local lawyer to see what can be done. Good luck.

Q: CanTheft be enhanced in county court after initially receiving a citation if I already have priors and an FTA w warrant?

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Texas on
Answered on Jun 29, 2018
Grant St Julian III's answer
Theft cases can be enhanced to felony status regardless of the value of the property allegedly stolen if the defendant has two or more previous theft convictions. The decision to enhance charges is made by the DA, not the Judge. Warrants will remain outstanding until bonds are posted, you are arrested or the warrants are recalled by the Judge. Now is the time to borrow money from friends and family. Good luck.

Q: Judge told me I would be reimbursed $500 paid in fines upon completion of rehab. Completed rehab but clerk says no.

2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on
Answered on Jun 1, 2018
H. Scott Aalsberg Esq.'s answer
I have never heard of a judge saying this, but if he did you would have to prove it by ordering a copy of the transcript of the case which could cost you several hundreds of dollars.

Q: Do you have to be made aware of a search warrant? Are you privy to the inventory (or copy of it) found in the search?

2 Answers | Asked in Criminal Law, Civil Rights, Municipal Law and White Collar Crime for Pennsylvania on
Answered on May 22, 2018
Cary B. Hall's answer
If you are charged with a crime and there is a search warrant involved, you will get a copy of it -- as well as the inventory list of items seized -- from the District Attorney's Office when they forward their "discovery" to you. That happens at the Court of Common Pleas level, and you're not entitled to it until your case reaches that point. You have no right to know about the search warrant before it's executed -- frankly, that would obliterate the whole point of a search warrant, since...

Q: Public defender representation

2 Answers | Asked in Civil Litigation, Traffic Tickets, Appeals / Appellate Law and Municipal Law for New Jersey on
Answered on May 20, 2018
H. Scott Aalsberg Esq.'s answer
Generally you would need to pay the public defender again, if the judge even Grants you a public defender.

Q: if I shoot a gun on my property, how far do I need to be from my neighbor's house?

1 Answer | Asked in Criminal Law and Municipal Law for Georgia on
Answered on May 14, 2018
David Edward Boyle's answer
There is no set distance from a home. If done unsafely than you can be charged with reckless conduct, a misdemeanor. You might also want to look out county or city ordinances. Some cities restrict entirely the ability to fire a gun in their jurisdiction unless for self defense purposes.

Q: prior to a tax sale for delinquent water bill, is township allowed to post your information in public places around town

1 Answer | Asked in Criminal Law and Municipal Law for New Jersey on
Answered on May 11, 2018
H. Scott Aalsberg Esq.'s answer
It is a public record thus on the face of it, I don't see a reason why they couldn't BUT you may want to hire a lawyer to investigate this for you and get a certain answer.

Q: If you have a valid handicapped placard in NJ and money runs out of your meter can a meter maid give you a aummona

2 Answers | Asked in Traffic Tickets and Municipal Law for New Jersey on
Answered on May 8, 2018
H. Scott Aalsberg Esq.'s answer
Best to ask your supervisor at the department on what he wants you do. However are you sure you saw the meter run out wasn't the sun in your eye and it looked as if the meter was not expired?

Q: I’m 16 and I turn 17 in October I live in Prichard al but my mom doesn’t support me my boyfriend douse can I move out

1 Answer | Asked in Family Law, Municipal Law and Small Claims for Alabama on
Answered on May 8, 2018
Kristine Jones' answer
You could become emancipated and then legally you would be an adult. You are not an adult in Alabama until age 19, which means you are a minor child until you reach the age a majority and become an adult in the eyes of the law. Best of luck!

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