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2 Answers | Asked in Traffic Tickets for Minnesota on
Q: Is it proper for prosecutor to enter NG plea when not in open court and where all talks were off the record?

Petty traffic case. Remote hearing (arraignment) takes place. Pros offers a plea and I decline. Pros then instructs clerk to schedule for trial. I never said that I would plead NG, nor did I refuse to enter a plea. I presumed I would have a hearing before a judge to do this, but it has been entered... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 24, 2021

Nothing here was improper. It would be typical, particularly in a petty misdemeanor, that you wouldn’t necessarily enter a not guilty plea in front of a judge. It is a procedural step and the failure to do so isn’t a significant error.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I challenge a declaration of an inability to pay rent for someone who rents a room in my residence and is employed?

He has been employed for most of Covid and received a stack o f unemployment checks for that time. His rent includes all of his bills, so he only pays for his food. He has not paid me any rent since June of 2020. He refuses to move out and refuses to clean. He tries to instgate fight to try to get... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 23, 2021

No, part of the Covid moratorium laws re landlord-tenant specify that a tenant's declaration regarding inability to pay rent cannot be challenged in court. But it does sound as if you may have grounds for issuing for cause termination notices - and they are not prohibited during Covid (except... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: LL sent 2 unlawful no-cause eviction notices last year I just got a 90 day notice because she’s moving back. Legal?

Last summer I first got a 30 day notice and after I sent her info showing it wasn’t legal she sent me a 90 day notice. Still unlawful. I believe she was looking to give whatever legal reason for evicting me so she said she was moving back in. . Some months have gone by and today I got a new 90... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 23, 2021

Yes. There was a time under the Covid restrictions when all no-cause terminations were prohibited but no longer. Further, at the moment at least, almost all Covid moratorium restrictions re landlord-tenant law in Oregon are scheduled to expire as of the end of June. Depending upon the details of... Read more »

1 Answer | Asked in Immigration Law for Michigan on
Q: Extending stay on a visiting visa due to pandemic

My parents are on a visiting visa to the US from India. They got here before the Pandemic started (December 2019) and was not able to travel back once the pandemic started because of their age and the travel risk. We waited for them to get their vaccinations and so had to extend their stay twice.... Read more »

Agnes Jury
Agnes Jury answered on Apr 23, 2021

The biggest risk in applying for a third time is that if your parents have a 10 year visa and their request to extend status is denied then their 10 year visa will be automatically revoked and it may be harder for them to get a new tourist visa in the future. There is no way to predict the odds of... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: In the state of New Jersey I pay child support but can’t offord it

I can offord the payment but I send something every week and I don’t have a job cause of covid but I do pay money to child support every week I have court soon and I’m not sure why

Teresa L. Reichek
Teresa L. Reichek answered on Apr 23, 2021

Thank you for your question. The court calculates child support based on a number of factors. To have that amount adjusted you need to prove a permanent change in circumstances. Unemployment is generally not considered permanent. You are likely being summoned to a court appearance for an... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... Read more »

John Karas
John Karas answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Portland. Sublet to roommate, multiple lease violations. Gave 30 day notice to vacate, allowed? Will court even process?

Thank you for your help. No cause 30-day notice seems to be unenforceable until after 06/30/21 based on HB 4401. Roommate smoking which is causing health issues for other roommate in same house. Should I give for cause instead? Is 30 days allowed when in the same dwelling unit? I'm subletting... Read more »

Gregory L Abbott
Gregory L Abbott answered on Apr 22, 2021

First, be careful as subletting violates most lease agreements, at least without your landlord's express permission. Most no cause terminations are prohibited during Covid. Most for cause terminations are allowed (except for failure to pay rent) during Covid. The question is whether you have... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Is it legal for an employer to fire a worker for catching covid and potentially exposing people on accident?

This is in Michigan. My friend was last in work on Friday and had symptoms starting Sunday the. called into work on Monday and hasn’t gone in since the Friday she left. She was fired on Tuesday for the reasons being “You caught covid and potentially exposed me and my family” they terminated... Read more »

Jay D Mukerji
Jay D Mukerji answered on Apr 21, 2021

I am sorry to hear about this situation. It is impossible to answer without more details. Without knowing all the details, At-will employment means an employer can fire a person at any time for any reason except an illegal one. There are numerous conflicting policies/laws at play, including... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Due to Covid can my landlord give me 60 days to move out because she sold the house without telling us she was selling?

She called us to tell us we have 60 days to vacate. We didn’t even know that she was selling the house. I have 4 kids and my mom lives with us. Please help. I don’t know what to do.

Bennett James Wills
Bennett James Wills answered on Apr 21, 2021

The answer is in your lease. If you still have a lease term then she cannot evict you for selling the house. If, however, you are on a month-month lease, then perhaps she can give you proper notice to vacate. The owner does not need your permission to sell the house; but any buyer of the property... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Will adding a new joint sponsor online to ceac after being documentarily qualified for a while,put us back in line?

Our documents were accepted back in August 2020 and we got the email from NVC saying we are documentarily qualified and that we are in line for an interview . But our joint sponsor died due to Covid recently and I want to add the info of the new joint sponsor to ceac . My concern is will did put us... Read more »

Agnes Jury
Agnes Jury answered on Apr 20, 2021

NVC will review your file once again when they are ready to send your file to the Embassy for interview to request updates of any documents if needed. So if you have your documents uploaded by that time, they will review it and let you know if any additional documents are needed. It should not... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We own a house just outside city of Milwaukie, OR. Renter now over $12k behind and has stopped paying altogether.

Does Oregon law allow us to sell the property during COVID crisis? We know penalties for selling may be stiff but have not been able to find out what they may be in our area. Tenant has lived over one year and annual lease is up on June 30, 2021.

Thank you.

Gregory L Abbott
Gregory L Abbott answered on Apr 19, 2021

When you say your rental property is "just outside of city of Milwaukie", I am interpreting that to mean it is not within the Portland city limits (Portland rules are different). You are free to sell your home anytime, regardless of Covid. If the buyer wishes to use it as investment... Read more »

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Michigan on
Q: I was supposed to be in a court hearing today for an upcoming trial. Is it ok everything was changed 12 hours prior?

I was sent a text from my public defender that my court hearing would no longer be in person, but on zoom, the time was changed to 2 hours later, and that my public defender would have another person subbing for them. They also said they would text me the zoom link prior to the newly set time. This... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

Without knowing your case or details at all, I would assume today's hearing was a pretrial conference or status conference. Often, clients aren't really involved in those hearings unless you are ready to enter a plea. And rarely would anything significant about your case be discussed.... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord selling the house. The new owners want the whole house. Do I have to move under the covid relief thats in order
Morris Leo Greb
Morris Leo Greb answered on Apr 18, 2021

If you have a written lease, you may remain in the residence until the maturity date stated in the lease. If you are a tenant for a term up to a year. You may remain the premises until the renewal date. If you are month to month, the owner may obtain possession if the landlord follows statutory... Read more »

4 Answers | Asked in Bankruptcy and Collections for California on
Q: Bank of America is suing me for not paying business card debt of $7000. I feel this is unfair practice in a Pandemic

Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »

Tristan Brown
Tristan Brown answered on Apr 17, 2021

I’m very sorry to hear about your current situation. The pandemic has placed countless individuals and businesses in detrimental positions due to little fault of their own. However, if the debt is legitimate, Bank of America has a right to file a lawsuit to recover the debt.

From my...
Read more »

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3 Answers | Asked in Estate Planning for Arizona on
Q: My grandfather passed away in 2019 now I’m being asked to sign a paper what could it be?

I know all of his grandchildren were named in his will but now my mom won’t tell me what this paper says beforehand......

Douglas Price
Douglas Price answered on Apr 16, 2021

You don't have to sign anything until you have had the chance to review it with counsel. There are many fine probate lawyers in Arizona and the cost of a consultation will cost you very little and could save you thousands (or tens of thousands). Many of us will do virtual consultations after... Read more »

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2 Answers | Asked in Immigration Law for California on
Q: Petitioning my husband but I dont work . Our sponsor died due to Covid . Do I need a new sponsor ? What do I need to do

I am petitioning for my husband . Our I130 got approved last year . We sent all the documents to NVC and have been waiting in line for an interview at the ciudad Juárez consulate . I do not work so my uncle who works and lives in Seattle was our sponsor . He filed out an I864 and submitted... Read more »

Agnes Jury
Agnes Jury answered on Apr 16, 2021

You will need a new sponsor and you should upload the new I-864 to NVC along with proof of income so that NVC can screen the sponsor to make sure his income is sufficient. Your husband can explain the change of sponsors at the interview. Best wishes!

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1 Answer | Asked in Products Liability on
Q: We bought tickets for a concert last year and because of the pandemic it was cancelled and they have rearranged it.

We are unable to go this year. The place where we bought them from are refusing a refund saying that we can resell the tickets obviously they recommend a reduced rate that they will probably gain from. Where do we stand legally? Hope I can obtain free advice please.

Tim Akpinar
Tim Akpinar answered on Apr 16, 2021

It could depend on the terms on the fine print of the ticket, possibly coupled with consumer laws in the state you are in, which isn't mentioned in the post. If it isn't a very expensive ticket, you probably want to handle it yourself without involving attorneys. If you are unable to... Read more »

1 Answer | Asked in Wrongful Death for Illinois on
Q: Can a probation office or officer be held accountable for a wrongful death?

After serving 7 years my son had completed 4 of his 8 years of parole. His original issues involved opiate abuse & addiction and he was ordered to abstain from alcohol and illegal drugs during his parole. The system was such that his parole consisted of a weekly automated call in number and... Read more »

Charles Candiano
Charles Candiano answered on Apr 16, 2021

No public servant has any personal liability for anything they do in the course and scope of their job. Remote check-in was extended because of the Pandemic. A parole officer is supposed to treat each parolee as instructed. If the Court did not order random drug testing or if it was suspended... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can my husband's company require him to get the COVID vaccine? It's a private company with over 25 employees.

We are declining the vaccine based on our religious beliefs. Is this a violation of The Title VII inequality act of 1964? He was told he can work from home, but NEVER return to the office if he does not get the vaccine. Is this legal?

Kyle Anderson
Kyle Anderson answered on Apr 15, 2021

An employer can require its employees to get a vaccination with the exception of the employee having a medical condition or in some instances, a religious belief. I don't see an issue with the employer requiring him to work from home. More information may be needed however. I would reach out... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: can my employer force us and make it mandatory to get the covid vaccine or be fired

my job made it mandtatory to get the vaccine or lose your job...is that legal? can they do that?

Rhiannon Herbert
Rhiannon Herbert answered on Apr 14, 2021

Generally, the answer to this question is yes. However, there are two main exceptions: (1) if you have a disability that renders you unable to receive the vaccine; or (2) if you have a religious objection to the vaccine. If you fall under one or both of these, then you are permitted to request an... Read more »

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