Legal Advice Can President Trump end birthright citizenship by executive order? |
- Can President Trump end birthright citizenship by executive order?
- I was arrested, kept in jail for 62 days and then released after the DA finally got around to my case. I did nothing wrong.
- My daughter (7) keeps getting touched inappropriately at school, school brushing it off (Washington)
- [NY] I'm being evicted for violating my apartment's no dog policy. I have no dog.
- Wife found a wallet and turned it in. Local crackhead who owned the wallet is accusing her of stealing $2500 he says was in it. She didnt take any money and has agreed to a polygraph on friday, should she be aware of anything regarding these? more of the story in comments.
- My Craigslist room mate keeps breaking into my room and harassing me. I took my door knob off my room and shes gone psychotic.
- My (f) housemate (m) harassing me about sex, making me feel very uncomfortable, constantly talks about rape.
- What to do when you go viral
- Bought a plot of land and found an underdrain from neighbor who says he isn't reliable
- Parents are illegal immigrants, sisters boyfriend called immigration services on them.
- [GA] family farm sold 'as is' for property, has a 150 farm house, buyer is pissed it's not 'clean enough'
- The Ministry of Labour threw me under the bus (ONTARIO)
- Neighbor threatening to sue me over compost pile NY
- My insurance company paid out to a drunk driver that hit me..
- I'm a school crossing who is being harassed by a homeless, mentally ill guy. And the police haven't done anything.
- Got pulled over for speeding and got arrested for possession of a stolen firearm. MS
- Closing a business over a Gay Wedding.
- Gf stole my dog and broke up with me during my 7 am surgery.
- I was arrested for felony possession of a controlled substance, not convicted, and have completed probation. Can I hunt with a firearm?
- Can I get in trouble for giving my neighbor his leaves back?
- [New York] Defendant admitted he is responsible for a debt, on a recorded call with the bank. Can I subpoena them for a copy?
- My vehicle came up as "Salvage title" at the service center, but never even had an accident. Should I be worried? (Virginia)
- Should I sue my mother and her husband?
- A student with special needs is beating up teachers, staff, and students - How Should the School Handle It?
- Potential 'bad batch' gave me disability - what should I be doing?
| Can President Trump end birthright citizenship by executive order? Posted: 30 Oct 2018 07:45 AM PDT No.* Birthright citizenship comes from section 1 of the 14th amendment:
"But aren't noncitizens not subject to the jurisdiction, and therefore this doesn't apply to them?" Also no. The only people in America who aren't subject to US jurisdiction are properly credentialed foreign diplomats. (edit: And in theory parents who were members of an occupying army who had their children in the US during the occupation). "Can Trump amend the constitution to take this away?" He can try. But it requires 2/3 of both the House and Senate to vote in favor and then 3/4 of the states to ratify amendment. The moderators of legal advice, while not legislative experts, do not believe this is likely. "So why did this come up now?" Probably because there's an election in a week. EDIT: *No serious academics or constitutional scholars take this position, however there is debate on the far right wing of American politics that there is an alternative view to this argument. The definitive case on this issue is US v. Wong Kim Ark. Decided in 1898 it has been the law of the land for 120 years, barring a significant (and unexpected) narrowing of the ruling by the Supreme Court this is unlikely to change. [link] [comments]  |
| Posted: 29 Oct 2018 10:03 PM PDT Okay, so a few days ago I was released from county jail after being held for 62 days. I lost my job, didn't pay rent for 2 months almost 3 now and my car is in the process of being put up for auction and they won't release it. I was arrested for felon in possession of a firearm (I'm not a felon and never have been or had anything expunged and at the time of arrest I didn't even have a firearm on me) and reckless endangerment (firing a weapon at the side of a building, again something I did not do). I had an initial appearance thing in the jail over video where I was given a public defender who was completely and absolutely useless. I'm not sure if this is the norm for public defenders but he didn't say anything I told him to at this appearance I had because a simple background check shows I don't have a felony and on the night this all allegedly happened I was out of state (plane tickets and hotel with work). He literally just said not guilty then asked for a signature bond (Judge or magistrate guy denied it because felon with a firearm is a huge thing). So then I sat, in jail for a total of 60 days before my public defender even came to see me. I tried to call him everyday with the phones and the number on the paper I had but he was never in and never came to see me. I couldn't afford a regular attorney who wanted around $2500 to even start a criminal case. I don't really have family or super close friends to call for help, I was fired from work obviously and now late on rent and will be evicted probably because I can't pay without a job and definitely not $2100+ utilities for rent on the 3 months I'm about to owe. When he finally came and seen me 2 days before my next appearance and he finally listened to me he talked to the DA who apparently also had not looked at my case or my letter I mailed them until then also. After that appearance I got a "sorry, computer error you are free to go" and I was released. What can I do for any of this? Apparently someone with the same name but a different DOB shot a building after a fight and is a felon but I sat in jail, lost my job, can't even get my car back they say unless I pay some crazy fees (how am I liable for these fees if it was a error?!). This is in Madison, Wisconsin EDIT: Thanks for all the replies guys and gals, I'll contact the Wisconsin branch of the ACLU tomorrow and see what they say and where to go from here. Also I appreciate the messages offering to help me if I need it but I can kinda survive frugally on my credit cards if absolutely need be and will be contacting my boss tomorrow also and explaining the situation. EDIT 2: To clear up more confusion about my car. The city had it towed by a local company they are contracted with. The storage fees are $1900 and growing daily and I only paid $3500 for the car 2 years ago. The towing company that has my vehicle told me the city can waive their percentage and pay the rest to them and I can get my car but told "good luck". Also their policy is to only store the vehicles for 90 days before auctioning the car. [link] [comments]  |
| My daughter (7) keeps getting touched inappropriately at school, school brushing it off (Washington) Posted: 30 Oct 2018 09:42 AM PDT On a near daily basis, my daughter (age 7) is getting groped by a boy at school. She says he typically does it when the class is lining up and when the teacher is not looking, or at recess. So far he has touched her butt, her chest, and proclaimed "we should have sex." We talked with the teacher, who said she would "keep an eye on things" to try and eliminate the opportunity for it to occur. This has not helped. We escalated to the principal, who was kind but essentially said it was up to my daughter to cause a scene and yell and scream to bring attention to the issue whenever it happens to try and deter it, but my daughter does not want to do this because she finds the situation embarrassing and doesn't want the attention. Not to mention, it's not actually addressing the issue. The principal said that they "have a plan in place, but the plan will only work if all parties are on board." The read between the lines comment was: "the boy's parents are not taking the issue seriously." The principal immediately knew who the boy was, and in talking with other parents at least one other girl in the class is having a similar issue of unwanted touching. We are really fed up that the situation is allowed to keep occurring and that our daughter does not feel safe. It shouldn't be up to my daughter to "cause a scene" when it happens. What obligation (if any) does the school have to try and correct this issue? [link] [comments]  |
| [NY] I'm being evicted for violating my apartment's no dog policy. I have no dog. Posted: 30 Oct 2018 09:51 AM PDT I've lived above my landlord on the top floor of a legal 2 family triplex for the past ~3 years. We share the bottom floor (laundry, bike storage, small home gym) and both live alone. It's been a pretty ideal situation - we get along really well and he's been an awesome landlord. I'm also really cognizant about being a good tenant. So it was a total surprise yesterday when I received an eviction notice (labeled 'notice of termination') along with a copy of my lease with the section forbidding pets flagged and highlighted. It was sent via certified mail and says I have 30 days to vacate. I thought he was fucking with me at first (like I said we're cool and I don't have any pets) so I went downstairs to congratulate him on almost getting me. He was not cool. He was really pissed and began ranting about my dog and how it's barking and running around has been keeping him up at night. I tried to refute this and it only made him angrier. He says he sees me walking the dog (a golden retriever named Steve) multiple times a day. Also he says we've had conversations about the dog and that I've been rude and aggressive when he tells me it's a violation. And worse, I asked him to walk Steve when I would be coming home late from work and he has the texts to prove it which he said he already sent me when he warned me (also via certified mail) that I needed to get rid of Steve. I seriously 100% swear I don't have a dog and I have no idea why my landlord suddenly thinks I do. Is this something I should/can fight? Thanks. Edit: Okay - so he just texted me in all caps "YOU GOT ANOTHER ONE??" I asked him what he's talking about and he said that he's watching me walk TWO dogs right now and waving at him through the window. It's 3PM on a Tuesday and I'm at work. Not walking dogs. I really hope this is a fucked up prank (maybe would be kinda funny looking back) but I think I'm gonna stay with a friend tonight Edit 2: I really appreciate everyone's help/support - and I'm trying to respond to all of your comments (especially since I haven't left this post pretty much since I made it). Sorry if I'm missing any but wanted to just say a blanket thanks because all this calm & rational advice is keeping me from totally freaking out right now. Also my friend I'm staying with tn has a dog (not named Steve). Maybe I'm just delirious after the past day but I find that really funny. [link] [comments]  |
| Posted: 30 Oct 2018 08:50 AM PDT She found a wallet outside of my work and took it inside. She had to pee bad so went to the bathroom before she handed it in. This is the only time her and the wallet are out of camera view. She turned it in and left and saw a guy who lives in our street and he asks if she found one she said yeah she turned it in at said business. He goes in and gets it (the wallet still had like $400 bucks in it) and freaks out saying she stole $2500 he just got paid from a guy who bought his grandmas motel. him and his 2 siblings get installments each month. He is a known drug addict/thief and multiple felon. Later that very night he got arrested with a bunch of heroin and is sitting in jail now on a 45k bond. pwisd heroin, possession schedule IV and felony possession on jail/prison property as he tried to smuggle some in up his ass. The cops have even said they know who it is they are dealing with and the real question is if the money was ever in there in the first place. Shes not worried that much as all she has to do is tell the truth but are there any shady tactics cops use to try to illicit a fail response she should be wary of? i honestly think they are on our side and just covering their asses because he's a piece of shit but we have a lot on the line should he have to even go to court much less get convicted of some shit like that. EDIT: my wife has zero criminal record. not even a traffic violation. [link] [comments]  |
| Posted: 30 Oct 2018 07:47 AM PDT I lived with crazy room mate (CR) peacefully for 5 months about with one other room mate(OR). Then one day I asked CR to clean her old food out the fridge and she threw a fit. Claiming the food was not her but the guy who moved out a year ago. I just wanted a clean fridge so I fully cleaned the fridge, then recived a text from CR saying she had just cleaned the fridge and she wanted everyone to have a meeting about the fridge once a month yada yada yada. Some real dramatic holier than thou stuff. I am pretty mad, so I correct her about who cleaned the fridge and intend to go one with my life. I have screen shots of all of our interactions if you need them. Because from this point on she begins sending increasingly aggressive texts and shouting names at me in the house. I haven't been responding to her texts or her name calling. Just keeping my head down and B-lining from my room to the door. A little back ground on CR is that she is a "recovering" alcoholic, jobless, has a criminal record, and chain smokes. She lied about many of these things when I first moved in. She has always liked to go in others rooms and bathrooms, I've caught her in the act on multiple occasions. The house is old and doesn't have normal locks. So I started beinging my door knob with me to work. CR said she was driving to my work to get it, I said no. She is now threatening to break down the door to my room while I'm at work. I can't seem to say or do anything to make her stop. The harassment from CR goes a lot further than what I've said here. I've been trying to sublet my room so I can move. Is there any legal action I can take to make her stop? Help me reddit! Edit: we live in Louisiana [link] [comments]  |
| Posted: 30 Oct 2018 08:36 AM PDT I moved into a house in the U.K. a couple months ago, found it on spareroom and didn't know the other housemates until I moved in. One of the housemates has made me very uncomfortable recently. We got on well at first, until he made comments that freaked me out, for example he said an old roommate of his got offended when he told her that 'no means yes', said he was the victim and said there's no such thing as rape culture, and when I challenged him on this he accused me of being angry and that I didn't understand. I also overheard him on the phone saying 'you can make a girl do whatever you want them to do' and talking about various explicit acts he 'made' girls do through manipulating them. (I have no idea if these claims are true but this is what he was bragging about). Last week he knocked on my bedroom door late at night and when I answered he immediately tried to kiss me, I backed away and said no and kept touching me even after I shrugged him off and told him no. He said he was stoned, and he started trying to pressure me into having sex, I was very polite in saying no as I didn't want to anger him/make the situation worse but he refused to leave my room until I eventually managed to get him out. He apologised the next day but said he meant what he said. He has since made me very awkward and has been hostile towards me, and he warned me multiple times not to tell my other roommates because he doesn't want them to 'hate' him. He confronted me again about that night, I told him I didn't want to talk about it (because there was no one else at home at the time and I didn't feel comfortable). He then turned it round on me and said that I 'wanted it', that it was really shitty of me to be acting this way and that he was only reading my 'non-verbal cues' and that's why he wouldn't leave that night. He said I was drunk that night (which I wasn't) and that I was misremembering (which I wasn't). I said that this was not the case and that I felt uncomfortable and didn't know how to react in the situation. He then basically screamed at me, shouting 'ohhhh you thought I was going to rape you, well I'm not going to rape you!' It was extremely scary and I immediately ran to my room and locked the door. I have emailed my landlord and asked to speak with him this week, but I don't know what else to do? He hasn't specifically done anything illegal (I don't think) but all the rapey references are really freaking me out and I don't feel safe/comfortable. On the other hand, I don't want to accuse someone of something they haven't done. Also, will the landlord have any sort of legal obligation to do anything? I don't want my roommate to know that I'm reporting him to the landlord incase this antagonises him further. I have another four months left of my lease. (Edit: formatting) [link] [comments]  |
| Posted: 30 Oct 2018 10:14 AM PDT One of my posts went viral, and I have been contacted by a few third-party distributors. I do not know what to look for in terms of a contract. Thoughts? [link] [comments]  |
| Bought a plot of land and found an underdrain from neighbor who says he isn't reliable Posted: 30 Oct 2018 05:55 AM PDT Location: Charlton, Ma My mom bought an plot of land recently. It's an empty lot with a possibility of building an house. We hired some people to level the ground, and the contractor found an underdrain thay we didn't see when we were buying the place (it was filled with bushes and shrubs). It was pretty nasty water coming out of it. It wasn't just trickle of nastiness, it was a pool of water. And it's very very clear that it is in our land (all of our contractors told us we should remove this). So, we contacted the neighbor who, at first, was so forward with removing it. But a week later, they said that it was placed before they moved in and how it isn't their responsibility and we should talk to their lawyer. Ok. So, in order to minimize the damage on our property, we propped it up so the water doesn't just spew out. So, my mom went back yesterday, and everything that was done was undone. So, my mom bought a "Do not trespass" sign. And while she was working on that, the neighbor came out and yelled at her. He asked her to prove that this is her land, how she is going to be liable for any damage done by propping up their underdrain (IN OUR LAND), and to top it off, he swore at her when he was leaving. We called the police and he talked to them. We talked to the town, and they told us that they are responsible for it. We are getting a survey done to make sure 100% that it is out land. (When we bought the land, we used the survey done in 2007). After the survey, our lawyer is going to contact their lawyer. Questions: 1. can we not touch the underdrain when it's damaging out property even though it's in our land? 2. Are my neighbor really not responsible? 3. Can anything be done about my neighbor coming into our land? Edit: reliable to liable [link] [comments]  |
| Parents are illegal immigrants, sisters boyfriend called immigration services on them. Posted: 30 Oct 2018 10:01 AM PDT Location: San Diego, California So my mom came into the US illegally 19 years ago. She's been working since the day she came in. We've moved around a lot and finally found a place to stay and we've been at this house here for about two years now. The house is under my stepdads name and my mom works under a fake identity to pay for it and the bills. My sister isn't exactly a smart person when it comes to picking out boys. She met a guy who gave her two babies within a couple of years and he's batshit destructive and manipulative but that's a conversation for another time. Her and her boyfriend got into an argument, he broke the windshield of her car, cops came and took him to jail for a day. The next day he calls my sister and informs her that his uncle called immigration services on my parents. What do I do & what recourses can I use to help my parents situation with becoming legal residents? [link] [comments]  |
| Posted: 30 Oct 2018 10:45 AM PDT Not my property, but a family members (I'll address them as FM) 50+ acre farm was sold 30 days ago as a land sale. The land happens to have a 150 yr old house FM has been living in for the last 5 years. It's borderline delapidated and that is why FM is moving. Also because they're getting old and 50+ acres is a lot to manage (weedwacking, grass cutting, bush hogging, etc) The buyers did a walk thru on the house and saw with their own eyes the condition the entire house is in. Btw--house wasn't inspected because FM is selling the property not the house since the house probably wouldn't pass code. The buyers brought in an appraiser and that guy walked the property and the house. The house has two old wood burning stoves, a kitchen with old shitty cabinets, 1 bathroom which only has a toilet and a cattle trough for a tub. The house has a rat problem as well as snakes. We got everything moved out in 30 days. Swept up the house and tried to move on with our lives. Buyer gets the keys and now legally owns the property as is. Buyer takes pictures of the empty house and emails them to FM real estate agent complaining that the house is 'nasty' and mentioned rat droppings, the piece of wood we used as the mantle for the wood burning stove is gone and so is the hardware for the cabinets. And they're pissed. The same buyer during the 30 days continually harassed FM by driving up and down the road and going onto the property in the middle of the night without a courtesy call. The property has been robbed before so it really freaked FM out. He already started to build metal container building on backside of the property too before the 30 days was up. Side note--buyer told FM that he flips houses, already had his mail being sent to FM house, FM checks mail and see bright red 'final notice' mail. Does FM need to be worried about suing for not deep cleaning the old house? FM is returning the hardware and the piece of wood for the 'mantle' but does not want to go clean or pay to have the house clean since the buyer saw with his own eyes the inside of the house before signing the contracr. TL;DR- buyer bought property only, 150 old farm house on property, mad because it isn't clean enough. [link] [comments]  |
| The Ministry of Labour threw me under the bus (ONTARIO) Posted: 30 Oct 2018 09:04 AM PDT Last week I made an anonymous tip to the Ministry of Labour via their website to come to a construction site I'm working on because there were multiple violations that could potentially lead to the serious injury of somebody. Skip to this week, the MOL came to the construction site and showed the general contractor the exact email I sent word for word. Now today my foreman comes to me and tells me that the contractor knew it was me based off of the information on the email. I'll be honest, this building contractor is probably one of the biggest in Ontario, and my company primarily deals with them. I'm now nervous about my job. My foreman sounded pissed Shouldn't there be a law against this? I made an anonymous tip, the inspector, or who ever comes for the MOL should keep that email private. I feel like I can't trust the people who are supposed to protect me. What are my options? What do I do if I end up getting fired, or layed off for this? This is not right. Also who can I report this too? [link] [comments]  |
| Neighbor threatening to sue me over compost pile NY Posted: 30 Oct 2018 06:10 AM PDT Hello all - english is not my first language so I am sorry if I have difficulty conveying things, I will clarify as best I can if I need. I have a compost pile on my property towards the back corner next to my neighbor's yard. Their house is quite away from the pile, as is mine. There is a fence between their yard and mine, about 5 feet high. I've had the pile for years now since before they moved in. Nothing in town code says I can't have one. It does not even smell. Behind my house is a business who has never complained. Neighbor came over last week, saying their dog got sick from eating something out of my compost pile and is threatening to sue me for the vet bill which is over 3,000. How can they be sure it came from my compost pile? The fence is complete and the only non fenced area is my driveway, as I have over an acre of property, so if the dog did get in my yard, it would have been thru my driveway. I can see dog feces in my yard near the pile, but it is only ever wood chips, fruit and vegetable peels and egg shells, which I cover over with a tarp. I have had raccoons dig in it before and move shells around to outside of the pile, but that's no different than if someone's garbage can was opened, or atleast I believe so. Should I get a lawyer? I am planning on building a second fence around the pile itself. Could they prove that what made their dog sick came from my compost? Would it be my fault? Thank you [link] [comments]  |
| My insurance company paid out to a drunk driver that hit me.. Posted: 30 Oct 2018 12:20 PM PDT This is absolutely infuriating so I will probably jumble something up. Feel free to ask for clarifying details.. so here we go.. February 4th 2018, right after the Superbowl game I was driving soberly (absolutely no alcohol or drugs) home on my motorcycle. when I am less than a mile home, I stop and get gas at a gas station (with no working cameras) and get gas.. this gas station is on a corner with a busy street (45mph zone) and a not so busy street (25mph zone). I am facing the not so busy street but I am parallel looking at southbound traffic on the busy street. I am attempting to make a legal left turn onto the not so busy street. I make my left hand turn with my signal. and as I do this, this SUV makes a right hand turn from the busy 45 MPH street onto the 25mph not so busy street, doesn't slow down and hits me in a sideswipe/rear end fashion. I go down, and he does not stop for a football field and then as I am laying on the ground he comes back. I am in shock at this point and it becomes hard to comprehend everything that happens. The important stuff is, he wanted to take his two kids home and come back. I said no and another unknown motorcyclist comes by and calls an ambulance and I get transported. My father also showed up and made the officers (who refused to breathalyze him at first) test him for alcohol and he blew a .11 . I go to the hospital and they give me pain medications for the injuries (abrasions on the leg and multiple contusions with neck pain) I find out that he was drunk and I was infuriated... He had kids in the car... my bike was messed up... and I was supposed to go on a road trip the next day. So i tell the officer my story and I messed up and said I turned left and hit the corner of the front of his vehicle and bounce off. - A week later reading the police report I found out that I was placed 75% at fault for an unsafe left turn, and the so so so nice officer decided not to cite me for it... that night the other driver was so drunk he didn't know his kids name and could not answer multiple questions. He was NOT OKAY to drive or make any decisions. However my decision to make a left turn is the deciding factor in the at fault percentages and I am outraged. He essentially got paid to drink and drive that night because my insurance company paid out over a thousand dollars to fix the scratch in his SUV from the accident. I have a lawyer who is taking things slow. i ended up getting 11 herniated spinal vertebrae in my spine from the accident and had to have had multiple surgeries and months of surgery to help. I have not fully recovered. The lawyer is getting the bill together and is going to make a claim, but there is not much being done about my insurance... This is the first accident on my motorcycle policy and it raised my rates by 50%... is there anything I can do so Im not getting screwed over this much?? any advice would be seriously appreciated.. Thank you to those who read all of this. extra info Age: 18 Sex: male my vehicle: motorcycle DUI driver: SUV [link] [comments]  |
| Posted: 30 Oct 2018 10:32 AM PDT I've only been a school crossing guard since the end of August, and I've seen this homeless guy around. He usually looks like he is intoxicated, staggering through the street yelling at cars, from past experiences working in a restaurant that had a high volume of homeless who were unstable come through, I knew not to engage. (I understand that not all homeless are like this, I mean in this case that by not engaging is a good way to stay safe.) Typically he ignores me, and I've only had to cross the steeet to get myself and my kids away from him like twice before. Except that changed yesterday. I heard him coming down the street, he is very loud, saw him come up to the intersection, and it looked like he was going to cross away from me. At the last minute he saw me, and while walking through traffic was yelling at me that I'm pretty and such. I ignored him, didn't make eye contact, kept checking to see if he was coming at me. He kept coming, telling me I had a leaf on me, and went to reach for me. At this point I tell him he needs to leave. He's causing a disturbance, and I'm extremely uncomfortable. I move out of the way, while he walks around me continuing to talk nonsense to me. I repeat myself, and tell him he needs to leave. Well, this upset him, and he starts to go off and as I'm pulling my whistle to my mouth, he reaches out and hits me. I'm not injured or hurt, but I'm now scared out of my mind because I don't know if he's dangerous or not. At this point, blowing my whistle and I'm telling him that I'm now going to call 911 made him take off. I made it to my car and called 911. The police officer came out and took my statement, and informed me that he is mentally ill. He asked me very rudely if I was pressing charges. Which I did. The officer said that this was the fourth call on this homeless guy that day, and over the weekend he broke someone's car window. And they only issued him a ticket. They said they can't take him in until his ticket goes to warrant status. I called my supervisor, gave her the run down, and all she told me to do was wait in my car if I saw him again. Well, it didn't stop there. This morning I went back to my site. Everything was going okay, and then I saw him and he saw me. From the other side of the street he started shouting foul things, and then he started to pick up speed coming at me. I ran. I barely made it into my car before he started beating on my windows. I started my car, and he left. I called 911 again, and the same cop comes out. All he said was I chased him off and told him to leave you alone. (WTF!!!) The officer also told me to contact my boss about switching sites, and to have a male posted there. He then promptly left. I've let my boss know what happened, and I'm moving sites. But I hate that. I love the kids that I cross, and I know all of their names. Is there anything else that can be done when it comes to something like this? This happened in Irving, TX. [link] [comments]  |
| Got pulled over for speeding and got arrested for possession of a stolen firearm. MS Posted: 30 Oct 2018 03:52 AM PDT A couple months ago i was hunting with a friend of mine, we used my car to get to a well know hog area near me to shoot some hogs. We both brought a rifle and during the night he ended up putting his rifle in my car under the bench in a case and forgot about it. 2 weeks later his truck was broken into and reported his gun stolen since thats where he usually kept it. Jump to 2 weeks ago when i got pulled over for doing 75 in a 55, when i got pulled over i told the officer i had my concealed carry pistol on me since thats the only weapon i thought i had in my car. Due to me going 20 over they searched my car with my consent for drugs/alcohol/weapons since my area is bad. While im sitting on the hood of the cruiser is see the officer pull out the case and think nothing of it since i thought the case was empty since my gun was at home. He pulled it out and immediately became suspicious, he got on the radio saying that he found what he thinks to be said stolen rifle. He then proceeds to question me about it asking where i got it and whos it was, i told him how i didnt know it was in my car and that it was my friends hog rifle (side not, i was not aware he reported the gun stolen). You all know what happened next. Fast forward to last week when we got everything cleared and the stolen firearm charge was dropped since my friend corroborated my story and proved it true through pictures of our kills with the guns. But i am now being charged for falsifying information since i told the officer i had no other weapons in the car. So what do i do now? The previous information given of my friend leaving the gun in the car and me forgetting isnt enough for the officer. Even though my friend has confessed to leaving and forgetting about it, its not enough evidence. I really dont want any more legal trouble and i dont want to go to jail. TL;DR buddy and i went hunting, he left the gun in my car, he reported it stolen, i got pulled over for speeding, cop found the gun after i said i didnt have, i got arrested, now im being charged for falsely stating information due to my ignorance. [link] [comments]  |
| Closing a business over a Gay Wedding. Posted: 30 Oct 2018 10:04 AM PDT At the beginning of 2017, my wife and I started a business with my parents. It was a dream of ours but we didn't have the money for it. My parents paid the down payment for the building, down payment the land and the cost of the formation of the LLC. In the development of the business, we all contributed ideas but the knowledge, experience, name, logos etc. were all my wife and me. I was always said we were a 4 person partnership. Once the business opened it was just was my wife and I running it. Every payment for the building, land and lines of credit were paid by revenue generated by the services my wife and I sell. Fast forward a year and my wife and I decide we're going to be closed for Easter Sunday, our business requires someone working 365 days a year, we just wanted to be closed to the public for our employees to take more time with their families. This caused a huge argument, and we put our foot down and said we wouldn't be open to the public. My parents told us no, sitting the fact we aren't religious. More arguing ensues and then it is revealed to us that we are not even listed on the LLC, just my mom and dad. This devastated us. We are the face of the company and we have put in all of the extra work making the business what it is today. My parents had the company valued and its worth more than $855,000 in the first year. They told us we could buy the company from them for $500,000, and that didn't include the land and building because they had purchased those under a separate llc. My sister has been dating a woman longer than I've known my wife and they recently got married. My parents refused to acknowledge it and I had to walk my sister down the aisle. Following the wedding, my wife posted pictures of the wedding on facebook to share with my sister, her wife, and our friends and family that were there. I had previously deleted my facebook because I shared something about a local school board candidate but was told by my parents to take it down for being too political, so I just deactivated the whole thing. My parents have taken every wedding post by us or our extended family as a personal attack on them, posted for the explicit purpose of hurting them. They told us that they were taking back the raise we had been given because of the post and that "any continued pain to our immediate family (leaving the post up on facebook) will cause immediate action on our business ventures, (mom) will not have you post pictures posted of (sister's) gay wedding or political comments. We will close and sell (the business.) We will not have anyone drag our Family name to make themselves feel good about themselves" There are many more texts along the same lines but this is the most relevant. We were told we'd receive our half ownership when the final line of credit is paid which is happening in December but we are ready to walk away and get as far from my parents as possible. What recourse do we have? How can we free ourselves of them? I'll do my best to answer any follow-up questions tl;dr Parents are going to close and sell a business that we built because we shared photos on facebook of my sister's gay wedding. Edit: Location Texas, USA [link] [comments]  |
| Gf stole my dog and broke up with me during my 7 am surgery. Posted: 30 Oct 2018 08:09 AM PDT The dog is absolutely mine. I found it (literally a stray pickup on the side of the road) payed for the neutering and rabies vaccine among almost everything else, which I got papers from the vet yesterday and they detail the day of me bringing in the dog and all. Only thing my (now-ex) gf had payed for was a micro chip she put in when she took the dog home to her parents several states away over break . I am absolutely willing to take her to court but at this moment I cannot pass a test for marijuana and am also on unsupervised parole. If she takes the dog out of state is there any chance of me getting it back through my states court system or is there no chance after? This happened yesterday morning in Kentucky. [link] [comments]  |
| Posted: 30 Oct 2018 11:06 AM PDT I got arrested for felony possession, but I got a pretrial diversion. The case never went to trial and there was no conviction, just probation, drug classes, etc. I did all of that stuff and the case has since been dismissed. My record shows a felony arrest, but not a conviction. Throughout the course of my probation I couldn't be in possession of a firearm, but now that I've completed my probation, would I legally be allowed to hunt with a rifle? Edit: I'm in Harris county Texas [link] [comments]  |
| Can I get in trouble for giving my neighbor his leaves back? Posted: 29 Oct 2018 08:33 PM PDT I live in Louisiana and every year around this time I have to deal with this crap. My neighborhood is small and quiet and we generally love it, except that my neighbor is an asshole. My yard has no big trees in it and the small Crepe Myrtles I have make very little mess. My neighbor, on the other hand has a huge Live Oak and some other tree that has enormous fricken leaves. First off, he doesn't take good care of his own yard so the leaves just pile up and eventually come into my yard, which is something I have always dealt with without making a big deal about it until a month or so ago. I came home a little early to eat lunch and he happened to be blowing off his driveway, straight into my yard. I didn't say anything but I waited until he went inside and got my backpack blower(I own lawn service) and gave him his leaves back. Since then we have had a sort of silent war of leaves and yesterday I went outside and there were leaves literally covering my front porch and his yard was freshly cut. Not only did his mower blow the leaves in my yard but he then proceeded to blow the rest into my yard. He was outside so I asked him what his issue was and he said he had no issue and that the wind must have blown them in my yard. Bullshit, there was absolutely zero wind. So, once again, I waited until he went in and I did my thing, only this time his truck was in the driveway so it got covered and his azaleas and front porch had their fair share. He came outside and threatened to sue me, to which I asked him to please call the police if he felt that he had been done wrong in any way, and he said he was going to, but never did. My question is if it is illegal to give him his leaves back without it being considered litter or anything? I know it sounds stupid but my wife is paranoid because she just doesn't want to deal with any BS. Thanks Tl; dr neighbor tried to give his leaves to me so I gave them back. [link] [comments]  |
| Posted: 30 Oct 2018 09:46 AM PDT I'm in a situation where someone else's debt is in my name because I was not removed as the owner of the credit card when I left the company. There is now significant debt on the card. My ex-partner and I called the bank together, and he said "I'm hereby saying, on a recorded phone call, that this debt is my responsibility." The bank didn't help us so my next move is to get him to sign a promissory note for the money. If he doesn't do so voluntarily I'll take him to court. If it comes to that, I imagine that phone call would help confirm that the debt is indeed his to pay. So, can I subpoena the bank to get me a copy of the call? [link] [comments]  |
| Posted: 30 Oct 2018 06:38 AM PDT Location: Virginia. I took my car in for scheduled service this morning and they almost refused work because it "Came up as a salvage title" when they entered the VIN into their system. I called the Virginia DMV. They were actually very friendly and told me there was nothing they could see that would suggest it is a salvage. They transferred me to "Branding" but they said they can't just pull a VIN without proper paperwork. I called Geico, my insurance company, who told me that they can't actually tell if it a salvage or not (very strange - they should now of all people, right?) but told me to get the Carfax report to know for sure. My car is financed and will be paid off in about 6 months. Also, no, I've never had an accident or even a single claim on this car. I've taken it in for service 8 times (every 5,000 miles) and this is the first I've heard of it. Is there anything I should be worried about when either I transfer the title when I pay off the loan or when I someday decide to sell? Could it just be a fluke in the car dealership's system? Should I just pony up and pay for the Carfax report (and will that tell me for sure)? Any and all advice is greatly appreciated! EDIT: VIN Check from National Insurance Crime Bureau website came back positive: it found a total loss record. How do I go about removing that? EDIT2: I did get a CARFAX report and sure enough it states "TOTAL LOSS VEHICLE - Vehicle declared a total loss by an insurance company. Collision damage reported" Follow up question: If I can successfully dispute the CARFAX report, is that enough? Where else can/should I dispute this? Thank you all! [link] [comments]  |
| Should I sue my mother and her husband? Posted: 30 Oct 2018 12:10 PM PDT Okay, so here it goes. When I (M26) was 9, my dad died of cancer. This was obviously heartbreaking. After he died, my mom (F55) quit her job, we moved from a 3 bedroom condo into a massive house in a super expensive neighborhood. Going through middle school and the beginning of high school, I always wondered how she could afford to not work, how we were able to upgrade so quickly to a huge house, and how she was able to afford private high school for my sister (F29) and a master's degree from Harvard. She would constantly tell me and my sister that college is taken care of. I assumed that my dad had life insurance and that this is how we afforded all this. Years later, when I was 19, my uncle (dad's brother) told me that my dad did not have life insurance, but that he had won a malpractice lawsuit brought against the doctor that misdiagnosed his cancer. The settlement was $1.2 Million. I was absolutely floored when I learned this. Apparently, when my dad knew he was going to die, he put the money in some sort of trust fund (I don't know the details) that he made my mom in charge of. They got divorced when I was 5 or 6 but remained civil and friendly with my mom for our sake (me and my sister). If I were in his position, I would have done the same thing. After all, that's the mother of your children, of course she is going to do right by them, right? One of the crazy things is I remember seeing these letters in the mail from some financial institution that had me and my sister's names on it all throughout the years between him dying and me moving out of her house. These were definitely some sort of payments from the fund. When I was 15, she met her now husband (M60?), a criminal defense attorney, on Match.com and they started dating. After a year, we sold our beautiful house and moved into his smaller house in a town 15 minutes away from our old house. They built a massive addition to the house, went on mountain climbing trips all around the world, bought a 20 ft. sailboat, a Mazda Miata, etc. I am now realizing that my mom spent all this money (it had to have been that money since she didn't work from 2002 till then) on luxury items for her and her new husband. They kicked me out of there house and refused to help me financially in any way from the end of my Junior year of high school (May, 2009) till now. When I learned about the settlement money, I was furious. I wanted to hire a team of lawyers to subpoena her and his spending to see if they she had violated her rights as the executor of the fund (again, don't know the legal terms). But alas, I was young and broke and trying to get through college on my own. Now, I am a 26 year old college graduate that is gainfully employed. She lives in Ireland with her dickhole husband, they sold their big ass boat and house and had the gall to tell me and my sister that the money is all gone. My sister looked through her journal at one point and read something she wrote that basically said she felt bad for using our money to buy a boat with Walt. Do I have any legal recourse at this point? Let me be clear in saying that the thought of battling over my dad's blood money is kind of sickening to me. I would much rather have him back than any amount of money in the world. But I think she should pay for her selfishness, her greed, and for betraying the confidence of my dead father so she could live the life of her dreams while me and my sister struggle. In short, do I have any legal recourse against my mother for spending/hording all the malpractice settlement money that my dad left for me and my sister when he died of cancer back in 2002? [link] [comments]  |
| Posted: 30 Oct 2018 09:57 AM PDT Hey Reddit – this is my first post, but I wasn't sure where to even begin. (Edits: Originally posted in r/advice. Reposting in r/legaladvice in hopes of getting more visibility and responses that are geared toward the legality of the issue. Please feel free to reach out, especially if you've experienced something like this yourself.) This is happening in a South Florida middle school as of this school year (2018-2019). If there is anything here that I've misrepresented, misunderstood, taken for granted, etc., please let me know. I want to be the best resource and advocate I can be for my friends and community. Any advice from parents, teachers, counselors, mental health professionals, and administrators would be very welcomed! TLDR: A student with special needs is beating up teachers, staff, and students - How Should the School Handle It? A local public middle school has failed to ensure a safe environment for its students and staff, specifically, for one of our most vulnerable populations (and the people who educate, protect, and support them): SVE, or Specialized Varying Exceptionalities, aka "Special Needs". There are two students in particular who have caused direct harm to their teachers and other staff they come into contact with; while the school can't anticipate behavior without it being properly documented to begin with, the administration has not followed through with the necessary precautions and additional support necessary to secure the safety and wellbeing of everyone involved. As a result, the behavior has continued and escalated. One teacher now requires surgery, and the second is in physical therapy on one hand while being charged with the care and education of both classes on the other. Now, I hope this never happens to anyone at any point, but this just* the second quarter. What will the next bring? This is a very charged and layered issue, but the basic need for safety is paramount. Not only are the teachers and staff at personal risk, but so are the kids – the students they interact with every day, and even the students that are doing the hitting, kicking, and/or biting themselves. Furthermore, these students deserve the same right to a free and safe education as any other kid does. Violent outbursts not only disrupt their education but their sense of security, and there's no one on-site that can safely and legally intervene, so the incidents are forced to simply run their course. I don't know of the parents' involvement/outreach so far, but the teachers and staff have been doing everything in their power and documenting these occurrences in hope of some action or assistance to no avail. The school doesn't have a specialist with the PCM (Professional Crisis Management) training on-site to subdue these students when they physically assault someone to prevent harm to school property and, most importantly, the people in this learning environment. This school also has 2 SVE teachers on its payroll this year (where it had 3 in previous years) as well as lighter support staff, resulting in larger class sizes, which only seems to have made a difficult situation much worse. There's a shortage of teaching assistants, and an absence of professionals with the training to subdue the student in a way that is safe and legal, but the school has yet to address the issue, despite dozens of reports from its staff and concerned parents. I really feel for these educators who love their jobs and go into work every day despite this – no one should have to feel like their safety isn't guaranteed at work, especially with all the additional stress on schools and educators. I'm a huge supporter of our SVE teachers, I'd even hoped to become one myself, but this situation has raised a lot of what-ifs and red flags for me and it breaks my heart for the students and educators. If I were being attacked by one of my students, would my school put me through this same ordeal? What about the kids, and their physical and emotional wellbeing? And what would happen if this occurred in a gen-ed environment, for that matter? Wouldn't the student be removed immediately? I'm not suggesting there are no differences between the two circumstances, but no one would expect a teacher to take a student back into his or her class after being assaulted once, much less a number of times. While I won't go so far as to suggest the administration created this issue by not accounting for the needs of their incoming students, it seems illegal and negligent not to have responded to this by now. The school has a clear responsibility to the safety of its staff and its students, but the disruption and unease this creates for a vulnerable population should be noted as well. The children displaying this behavior have needs that aren't being met, the administration needs someone to blame, and the students, instructors, and personnel are caught in the crossfire. Meanwhile, the teachers are too worried about safety to make sure their students make the most of their education. If the teachers are expected to provide the stability and structure these kids need, the school must then be expected to provide them with the necessary support to do so. I'm not sure what other parents, teachers, or other staff are already doing to get this resolved through the administration, but so much time has passed that I'm concerned this is just going to keep getting swept under the rug until someone breaks something or files a restraining order. I don't know what the school is doing in response in any kind of intimate detail, but the administration's response so far has been to shift the blame from themselves to the teachers, which seems as insulting to career educators as it is unfair to everyone involved. Still, if they *aren't* doing the right thing by these students and teachers, what would be the best way to handle this, from an educational and legal standpoint? Is there any recourse you would offer the teachers involved that were injured or the parents of these children with special needs? If anyone has experience with dealing with this, as a parent, teacher, teaching assistant, administrator, or qualified health professional, your input would be invaluable! I can add additional details, too if those would be helpful. [link] [comments]  |
| Potential 'bad batch' gave me disability - what should I be doing? Posted: 30 Oct 2018 08:12 AM PDT Three and a half weeks ago, my doctor put me on a new prescription for depression. Wellbutrin, as the genetic Bupropion. Within a half week, I developed acute drop foot, but didn't recognize that what I was experiencing WAS drop foot until my foot went numb and I list almost all mobility in that foot about two weeks later (2 1/2 weeks after beginning treatment). About a week ago (2 1/2 weeks after beginning treatment), I called my doctor to let her know Ive lost feeling and mobility in my left foot and shin. She said this is not, nor has it ever been, a side effect of Wellbutrin but that I was the fourth person to call her about this in the last week. She told me to stop taking it immediately and that it will remain in my system for about a week and a half. She hypothesized that it may have been a manufacturing error with the medicine and that she hoped this would wear off as the medicine did. It's been almost a week now, but I haven't regained any mobility. Not even a centimeter of increased movement. No feeling has come back either. Anything online says that this is typical of strokes and neuropathy, and with physical therapy can take 4-6 months to correct or can be permenant. I'm terrified - when I'd started taking depression meds, I had hopes of taking up dancing, since I'd always wanted to and had never had the energy. I can't do that if my left foot doesn't work. I have no idea what to expect or how long this will last because this has never happened before. I can't afford the time off or the medical bills for PT, so I'm not sure that that's an option. What should I be documenting and who should I be calling? I haven't had health insurance nor have I sought treatment for anything in my entire adult life, so I'm 100% out of my element with what resources I have available. Any guidance or advice you have is greatly appreciated. [link] [comments]  |
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