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Recent Aggravated Assault questions

In Missouri, my friend never been in trouble with law, had

In Missouri, my friend never been in trouble with law, had someone elses gun in car, was being tailgated and rush by this work vehicle ,. This person I know then took that gun and shot at the other vehicle.

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P. Simmons

Attorney

Doctoral Degree

38,602 satisfied customers
I am appealing my Crime Victim assistance case. CV questions

I am appealing my Crime Victim assistance case. CV questions whether a crime occurred. (It did but the police never investigated.) So I am going to a hearing. I am trying to establish material fact that it occurred. If I get these people to admit that they hit me on the head and jerked my neck backwards under oath does that establish material fact that they did those actions? Assailant A's own brother can testify that his brother admitted to him that he did it. This is heresay, but I believe heresay is If I can establish that as material fact that they did those actions I don't see how CV can contend that a crime did not occur. The only question then is are those actions crimes. Given that they happened 3 times each and I told them each time not to I don't see how it can be construed as anything but the intentional tort of battery.

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Andrea, Esq.

Attorney

Post-Doctoral Degree

13,982 satisfied customers
Do I have a basis for suing the store that employed a man who

Do I have a basis for suing the store that employed a man who served as an accomplice to an act of Aggravated Assault and Aggravated Kidnapping against me that occurred on the employers property? I was attacked with a gun by the husband of a general merchandise store supervisor. This husband is disabled with access to powerful pain killers and possibly psychotropics that affect perception. His disability may be just a mental disability in that he is very able bodied, quick on his feet, has strength in his hands and limbs, and proceeded to hold me on the ground with my hands behind my head as he pressed a gun against my skull and told me I had just a few seconds to live. He was under the mistaken and indeed deranged impression that I was at his wife's store to stalk her or harm her in some way after he and I exchanged words three months prior in one phone conversation. He was sharing his pain medication with a relative of mine, drinking, and smoking marijuana and I threatened to call the police if they did not cut it out given that my relative is very sick with Diabetes and Hepatatis and does not need to be engaging in drinking and drugging. In any event, I let the conversation pass and thought nothing more of it. But when this husband saw me 3 months later at the store where his wife works, he jumped to a ridiculous conclusion that I must be there to stalk his wife when in truth I was just there to make a purchase and have the receipt to prove it. But the husband organized an ambush against me in his car and recruited an employee of the store to be his accomplice. They charged me in the husband's car, both got out and struck poses as though they were undercover security or a SWAT team with the husband pointing the gun at me with arms straight out and locked, commanding me to get down on the ground with my hands behind my head. I complied and the husband put his knees into my back and held the gun against my head as the accomplice took my wallet from my back pocket to confirm my identity. My wallet was returned / nothing taken, but clearly this ambush had been discussed and coordinated with the employee of the store before it was carried out. The husband's purpose was to terrorize me as revenge for threatening to call the police on him 3 months prior. And his intent may have been to actually kill me in that he fired the gun into the ground to prove it was loaded and he meant business. Again, I believe the man is mentally deranged. But do I have basis for a lawsuit to sue the store where the accomplice and the husband's wife works in that it happened on their property? I've tried contacting the store's regional manager but she will not return my emails. The husband called the police after I left, thinking he could convince them to put me in jail just because i was at the store where his wife worked. The husband, however, was arrested for carrying a weapon without a permit and put in jail for 1 night, then bonded out. I've attempted to make my own report but the correct police officer will not return my calls and is always out when I have been to the police station twice. I can still report under the 3 year Statue of Limitations in Texas (the incident occurred on a weekend 12 days ago). But if I decide to try to settle this in a civil vs. criminal court, would I have a basis to sue the store / employer of the accomplice? While I did not sustain any physical damage from the incident, it has deeply affected my sense of security in my own neighborhood as I was terrorized and violated by this man for no reason but his own deranged thinking and thirst for revenge for something truly minor (I never called the police on him 3 months prior but could have and done so legally.) The store is a large national chain with deep pockets.

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Lucy, Esq.

Juris Doctor

34,448 satisfied customers
Hi Benjamin. Did you get the $125 Bonus I sent from an old question be

Hi Benjamin. Did you get the $125 Bonus I sent from an old question because I didn't know if you would get any money if I replied or accepted on the one that you were brought in by Pail with. I actually had done that because I wanted to ask you several questions, but you needed the back ground as well.We had the hearing, & I believe you will find this quite interesting, especially the unique factors which would very certainly go to the Supreme Court if we won't settle, simply because we have every person believing us. That is helpful. But this case law is like nothing I have seen.& the Judge sent state packing as we had finally been able to show him that the MSJ he had ruled on July 21, he was duped by the Defense.I do really need to ask you a question I am quite certain you will have the answer to, & it is more general in nature.I disagree that you would not be of good service to me or I wouldn't have sent you the extra money to show you my faith.So if you will, please respond if you would mind answering this question.We have a hearing to reconsider the MSJ, which the Judge dismissed the State under their Plea to Jurisdiction, because we were able to show we had always intended & had included the ID of the private hospital, & the only reason the governmental unit was included, & served, was because they were successor in interest. I am no attorney, so I don't know what misconduct is. But we believe we have what we need to ask for a Final Judgment on the institutions attempt to limit our rights, & force us under the TTCA by pretending what they knew & caused to be, a Misnomer, wasting time & resources trying to get the primary target of the suit dismissed & severed with prejudice, successfully, which we are rehearing on the 27th, & expect the Judge will rejoin the dismissed party. Thing is, we now know that we are not locked into the TTCA just because the gov unit bought the hospital that was private when the acts were committed.The audacity, the Defense Attorney for the primary criminal doctor that did all of the dirty deeds, including leaving me to die in ignorance, just filed a new law suit in OUR names against her client, under what SHE wanted, medical malpractice without discussing with us. Is that normal? We told the judge we wished he would instruct the Defendant 's Attorney to STOP acting like she is our attorney in his interest & tell her to stop doing anything in our name.I suspect she felt the time running out when she saw that we had filed for a reconsideration, & claimed they chose that defense & attempted to railroad us with an MSJ knowing that is where most pro se plaintiff's lose, which we did, because we weren't aware of the sneaky aspect of it. They presented in bad faith, what they knew were groundless affidavits & claims, knowing we had never sued his employer, but continued to claim it to the Judge, & were able to put it over only because the university atty told me 7 days before we had to file, when I had tried in vain to get information needed to sue the right persons, & the hospital wouldn't have been named had they refused to provide the information sought for the right nurse of the two who conspired with the Dr. & helped facilitate the fraud, concealment, committed battery/assault in TX, & then he committed aggravated assault, intentionally mutilating my healthy body for demonstration purposes for his industry he was working to advance, though employed by the university at the time.So, since they chose to answer as if we had sued the university instead of the hospital, with them as successor in interest, simply because we had a misnomer, & reversed the location of the names, but throughout the Petition clearly identified our suit was against the hospital, their sole act, gross negligence for leaving a known risk in place because it made more money than it lost, but had they set a protocol, my life would have been saved. I am down to my skeletal frame & skin. Fighting each day. I think we had trouble getting the atty because they misunderstood too that this isn't a healthcare claim, but a DTPA Violation Claim, which we have hands down, & named the 2 trade assns the Dr.'s now Pres. of 1, on Board, as Chair of Review Committee of 2nd, on Executive Council of the main one, & assoc. editor of their industry Journal. Left the employ of the univ. just after risk disclosures locked in caps under tort reforms in 48 states. Has private practice as well just to round out the money tree. He was in residency in 1991 at the Univ where he went to work in 95. He went to annual convention of assn then. In 1992 took a specialization fellowship surgeons don't take, but it related to this new surgery he thought would be hot stuff when completed residency. In 1994 in MN attended the annual assoc mtg again. Hard to believe he had no plans on this industry before his employ.They didn't answer for the Hospital. Should we seek some kind of Jdgmt because they inste

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LawHelpNow

Attorney and Counselor at Law

Doctor of Jurisprudence

6,720 satisfied customers
For Benjamin Burt ONLY. About to file amended original petition

For Benjamin Burt ONLY.About to file amended original petition and serve notice on all parties, but need to know the following:We discovered that the surgeon did have a conspirator and he did not act alone, although he was the one to tell her what he wanted her to do. And she chose to knowingly facilitate it.On the amended petition, do we add her as a defendant?and can we include in the cause of action basis, with all other claims, conspiracy to defraud? (It was a nurse.)She might be best as a witness only if she has no more loyalties since the surgeon left the institution to start his own practice.Also, she not only assisted with the original fraud, but we had only included aggravated assault for the mutilation of my body against my expressed will, but by injecting me with something different than I was told I was getting, and no name for it, just that it would stop the drug reaction, and then I could leave, "per the surgeon's final statement before leaving to wait for the medicine to stop the drug reaction I was having before I left for home, and he did leave the window open that suggested I may also want to change my mind if I learned the reaction had caused my change of heart. But instead of giving me "something that will calm the level of anxiety down, I was given something that would make me appear still capable of giving the consent he was going to return and ask for, which was "do you want to do this" and my reaction, due to having been given anesthesia instead of some mild sedative that would stop the reaction and calm me down. Every medical expert and professional alike has stated that giving that to any patient who has canceled a surgery, for ANY reason, would be unethical due to the fact that they would be rendered no different than any other anesthesia. I was told I was being given one thing, and was instead started on one of the anesthesia's, which was not part of the original plan of general anesthesia.Also, upon filing the amended petition and serving notice, when can we notify them that we want to start the discovery process immediately, and begin depositions immediately before anymore time passes. We are already facing battles which they will go for first, SOL, which we have full documentation to prove that the crime was inherently undiscoverable, and when and why we began investigating, following the "reasonable person" rule. Thanks!

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LawHelpNow

Attorney and Counselor at Law

Doctor of Jurisprudence

6,720 satisfied customers
One final question, a different client (some clients

One final question, a different client (some clients appeared to the opportunists). The law firm received a call for representation on Jane Doe (not her real name). Subsequently, for her convenience we sent our retainer (paperwork) to the provider for her signature. This way she didn't have to make a trip to the law firm. Subsequently, this is involving an automobile accident that happened sometime in April.Jane Doe gave us permission to discuss her case with her granddaughter. In the meantime, we proceeded to do the normal routine. Which is, send a LOR to first party PIP area. In addition, we were investigating/ waiting for the police report so we can send third party a letter of representation as well.Within a week's time, we answered several conversation with the granddaughter and politely catered to her needs.On one particular occasion, she call to cancel our services. Her reasoning was that we promised to call her back in 45 minutes and failed to do so.Our response was, it was certainly not intentional. However, we may put in lien on the case based on the amount of work that went into the case. Immediately, she snickered and said, "you can't put a lien on the case because my grandmother never signed a retainer." Our response: "why do you keep calling us, asking us to do all this work, knowing full well your grandmother never signed the retainer?" Nevertheless, verbally, we were given permission to work on the case in good faith, thinking that the retainer was signed. Five minutes into the conversation, the grandmother, who was on a three-way listening ( without our knowledge), finally tried to say something. Her grandmother immediately cut her off and said, "Don't say anything Grandma" in a harsh tone.The conversation ended with the granddaughter stating emphatically, "If you all put a lien on this case, we are going to take you to the commissioner." The law firm just wished both of them a good day thinking we would never hear from them again.Soon, we received a grievance complaint from the commissioner with the whole conversation twisted around. True, she did not sign the retainer because she did not even know who the attorney was. The letter was addressed to the Case Handler, not the attorney. Some of the things that she said amounted to pure slander as if her grandmother was a victim. She insinuated that the law firm tried to threated her with the idea of "If you get another Attorney, we will put a lien on the case." Obviously, the people in the office who were listening to bits and pieces can confirm that nothing can be further from the truth. Interestingly, she also tried to depict somehow that we at this office were unprofessional, or talking to her grandmother in a cruel way, which is absolutely a colossal lie.End of story, the grievance complaint was addressed to , again, the wrong person. The attorney will respond this week to the complaint. He reached out to Jane Doe immediately and let her know that there would not be any liens placed on her case. She responded immediately to call and talk to her granddaughter.After catching up with the granddaughter, the granddaughter insisted the attorney put it in writing and send her a letter. The attorney was happy to comply and did just so. She also told the attorney that she was filing a law suit for the way the law firm talked to her grandmother, which whom the law firm never even knew the grandmother was on the three-way conversation until the end of the conversation.Should this be something we should worry about? Should we countersuit for slander? If she's trying to make good....etc... on her false acquisition.I know this is a lot, we'll gladly give you a huge tip/ bonus.

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LawTalk

Attorney at Law

Juris Doctor

38,496 satisfied customers
I worked for a law firm and my question is this. In the

good afternoon, I worked for a law firm and my question is this. In the retainer we do have permission to endorse all checks.A case was settled. Subsequently, we explained to the client exactly what his portion with be. He gave us the okay to deposit the check so that he can come in shortly and receive his agreed upon amount. To our surprise, he wants more money so we compromise and gave him at thousand dollars above and beyond the original amount as part of a reduction from the provider.There was not much of a reduction initially because we were only charging him 15%. He happened to be a friend of one of the staff members... is the law firm in violation because the firm deposited his check based on his permission... obviously we do have it as part of our retainer that we can cash or checks with his signature.Had he not given the law permission, the attorney would have never deposited the check

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LawTalk

Attorney at Law

Juris Doctor

38,496 satisfied customers
About 6 months ago my girlfriend got a car accident with a

Hi...about 6 months ago my girlfriend got a car accident with a small city (Louisiana) utility truck where the truck rolled through a stop sign and t-boned her. The police report clearly showed truck driver at fault. The car was totaled ($8k). The injuries were related to back, neck, and shoulder - mostly soft tissue. She was treated with medications and PT but the the MRIs read twice showed no damage to the spine. But she's still in pain which gets acute after work that has not diminished over the last 6 months. She's is a classical oboe player for Louisiana Philharmonic so she has fine motor skills and sits for 4-5 hours in prone position. The adjuster has offered about $2k in p&s over medical expenses. I now have to write some kind of counter offer and I'm looking for guidance. Are there any leverage points I can use?

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Andrew

Attorney

Juris Doctorate

32 satisfied customers
Nassau County, NY I'm a business owner, and I had a small

Nassau County, NYI'm a business owner, and I had a small claims slip-and-fall complaint levied against me.We have security cameras covering 5 different angles, and have video evidence which challenges the plaintiff's claim, to the point of completely abrogating her story.The plaintiff is probably unaware there is video evidence. Am I obligated to share this evidence with her before trial?And our small claims Court sends all parties to a mediation room before trial. Would I be obligated to bring out the videotape at mediation?Isn't there any provision for withholding some of my material, if sharing it would give away my trial strategy? After all, SHE is the plaintiff. She should bring all the evidence. I could just remain passive. I intend to bring a counter-suit against her for wrongful allegations, and all the trouble she caused us, and allowing her to perjure herself under oath would be a great basis from my counter-suit.

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Andrew

Attorney

Juris Doctorate

32 satisfied customers
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