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I was charged with battery charges for pulling a girls hair,

I was charged with battery charges for pulling a girls hair, my problem is the girl was strapped with at least a 14 inch knife on her hip..which conveniently was gone when the sheriff was called and she claimed to be pregnant and the sheriff ignored me and my son about the knife and so told us that he was strapped with a gun and that shouldn't intimidate me..I admitted to pulling her hair but noone wanted to hear my story..what should I do when I go to court? Thanks

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CalAttorney2

Attorney

Doctoral Degree

19,506 satisfied customers
To what extent is the attorney-client privelage

To what extent is the attorney-client privelage "enforceable"? I have a situation where I need to use some communications between my attorney and I as evidence and need to know what the ramifications of this are, can I do that? I've had two attorneys over the last year and the first one was a good guy, we both agreed that I would be in better hands with someone more aggressive so I was handed off to the second attorney. Long story short, the second one didn't represent my interest at all, I've got a great malpractice claim against hi and he dropped me just after he served the petition, I never had a chance to argue against it because he gave me the wrong date for the hearing on his motion to withdraw, it's been crazy. But one of the items I'm concerned about is the use of communications from both attorneys. For example, I have a few emails from the first attorney where we talk about how the second attorney told us both that he was going to be arguing against an eviction among other things, then I have a few emails from the second attorney where he says the same thing but ended up making a deal with the defendants attorney one week before to not contest the eviction in exchange for him dropping me as a client. I've actually got an email from him where he flat out admits to making that deal. So now I'm in the process of motioning for a continuance right now and I need to know if I can even use these messages. Can I use just a few of them but not waive my attorney client privelages completely or can I not use anything from the attorneys?The defendants attorney has just filed a motion for a protective order and one of the items he focuses on for a reason is that I've had two attorneys who have dropped me, well, I can prove that he was the cause of thus last one dropping me but he is claiming that I cannot use this message unless I waive my privelages fir that attorney. The message is short, can I really not use it in my response to his motion?

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ScottyMacEsq

Doctoral Degree

22,538 satisfied customers
I am a criminal defense attorney and I wanted to see if you

Hello. I am a criminal defense attorney and I wanted to see if you agree with my thinking.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: Lastly, which is another wrinkle, I do disclose information to them that also may be considered to be covered. For example, in order to get funds for an investigator we are supposed to tell them the theory/goal of the defense and we are supposed to notify them if that changes. I always say the goal is to minimize the consequences to my client. They want to know how many witnesses the investigator has to talk to, but at least they don't ask for the names!! Am I correct in asserting the privilege? I finally finished! Sorry my question came in four parts! ThanksJA: Have you talked to a lawyer yet?Customer: Yes. One of my friends. I wanted another opinion. Aren't you a lawyer?JA: What advice did they give you? Anything else you think the lawyer should know?Customer: The other attorney agreed it was not covered. He is also on this CAAP panel. I think they do a lot of things that I think is against the law. Question, if they just pay us, are they covered? Do any of the responses I make to them re: what investigation is needed violate the privilege, so I have already violated the privilege. Thanks

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
I recently got a speeding ticket in my home town sanford

Hi, i recently got a speeding ticket in my home town sanford maine. I am thinking of contesting the ticket because i was not in the wrong. I was driving on a double lane road that merged into one at the end. Well i sped up to safely merge because there was a man in my blind spot that i knew about. at the last minute he stepped on it to pass by me. The officer then pulls us both over accusing us of racing. I denied and said i was trying to keep my spot in traffic when he went flying by me during the merge. The officer then admitted to how he got the other guy on radar but not me, assuming i was going similar speed. I don't feel i should have the same punishment as the man who was the cause of it all.

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LegalKnowledge

Juris Doctor

29,786 satisfied customers
My daughter received a non-traffic citation/summons in the

my daughter received a non-traffic citation/summons in the mail one month after being pulled over on I-80 in PA. She was speeding but the trooper did not charge her for that. Instead he issued a citation for code title 1'8 section 5503 sub sec A-4. He asked for her phone number and attempted to call her twice. My daughter pleaded not-guilty and is due to appear in PA municipal court on 9/2. Two nights ago the trooper woke my daughter at 11:30pm when he called her mobile phone. He told her that unless she pleaded guilty he would up the charges. Is he legally allowed to do any of this?JA: Because laws vary from state to state, can you tell me where the company is registered?Customer: what company? Do you mean the attorney? He's in Mill Hall, Clinton County, PA.JA: Have you talked to a lawyer yet?Customer: Yes, we retained William T. Fleming of Fleming Law Offices, State College, PAJA: What advice did they give you?Customer: He initially said for my daughter to plead not-guilty, which we did. After my daughter received the threatening phone call we spoke with him and he is OK with the state trooper's actions. He stated that the trooper is allowed to do this.JA: Anything else you think the lawyer should know?Customer: Well, we did tell him that after being caught speeding on I-80 and was subsequently pulled over the trooper smelled marijuana odor in the car. He asked her if she had any illicit drugs. He said that if she surrendered what she was in possession of he wouldn't have to check her vehicle, so, she freely gave up what was in her purse--a small amount about the size of a quarter coin. She was not DUI of DWI and was not charged with that.

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Dwayne B.

Juris Doctor

35,360 satisfied customers
My son plead guilty to a offense in Missouri in 2005. The

My son plead guilty to a sexual offense in Missouri in 2005. The charge was classified as a misdemeanor, with the requirement to register as a sex offender. We have become aware of a statute (Section 589.400.1 of the Missouri constitution) that allows to petition for relief from that requirement. He now lives in Texas and registers as required once per year. We have not been able to determine how to submit a petition.

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LawTalk

Attorney at Law

Juris Doctor

32,514 satisfied customers
I reside in Montana. I am currently being questioned as a

I reside in Montana. I am currently being questioned as a potential witness in a sexual assault case. The accuser was a former co-worker and we became friends through work. I confided in her of my marital problems and it sounded like she was going through a similar situation. She had told me that she had an affair a few months prior to our becoming friends. She became flirtatious with me and eventually our relationship became physical. Then the man she had an affair with allegedly raped her which she confided in me about. I advised her to report it which she did. She had sent me texts during the same day of the incidence telling me of the assault on her. Things cooled off between us and eventually she was let go from where I work. A few month have passed and she decided to push the rape charges. Now I am being questioned by the defense for the accused. I told them that she had confided in me about the rape but I left out any details of our physical relationship bad our texts back and forth. Can I get in trouble for providing a less than true statement to the defense attorney and investigator while not under oath? Will the defense subpoena my phone records and is there any way I can keep myself from having to go to court and being put in the stand? Should I just come clean about our physical relationship? Thanks.

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Zoey, JD

Doctoral Degree

29,196 satisfied customers
I was recently pulled over by a Placer County Sheriff and

I was recently pulled over by a Placer County Sheriff and issued a traffic ticket for (1) horn(blasting) and (2) unsafe pass(on the right). The incident happened after I was passed by that same car on the right and then he cut in front of me and hit his brakes. I had to slam on my brakes (hard as I could) to avoid hitting him. He then kept hitting his brakes and flipping me off out his window, so I retaliated. Then I drove approx. 15 miles down the road and was pulled over by the Sheriff. As it turns out the 2nd car back was an off duty cop who had me ticketed. The off duty cop said he videoed me on his phone.Question: Is it legal for him to video me (while driving) and is it legal for him to use the video as evidence?Then 4 days later I got a letter from the Sheriff's office: an amended citation. They added (1) slowing vehicle on highway and(2) reckless driving.The reckless driving really pisses me off and I want that to go away.I haven't had any tickets in over 20 years (speeding) and want to keep my record clean. I know I shouldn't have done what I did but it's the old football player scenario of who got caught throwing the 2nd punch.I want to fight this ticket ( I am 62 yrs old, absolutely no wrecks and very safe and cautious driver ).I also noticed only one signature on the ticket. Can an off duty cop give me a ticket using a ticket from the cop who pulled me over and the off duty cop sign the ticket and use his badge # ?Help!!!Thx, Steve

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CalAttorney2

Attorney

Doctoral Degree

19,506 satisfied customers
I am being accused of assault. During my investigation, the

I am being accused of sexual assault.During my investigation, the CID prosecutor lied to my Defense Attorney by assuring him that my DNA (semen) was found inside the "victim's" vagina. WHICH I knew wasn't true because I did not have sex with the “victim”, but it drove me CRAZY for a long time making my days very difficult to cope with work and my personal life. I couldn't stop thinking about how it was possible, why the “results” concluded that, etc.; it took a toll on me psychologically. Almost a month later, charges were given to me and in the packet the DNA results came back saying that my DNA was found on her neck NOT in her intimate area.Is it legal for her to lie about the evidence? Can I use that against her weather it can help me on my case or not. To me it shows that she is taking my case personal and is willing to lie about anything on my case in order to “win” the case opposed to her finding the truth and conducting herself in an ethical and legal manner. Article 32 will be scheduled in a few days.There is a video proving that she is lying all throughout her statement. In the 32, if the incident proves it was consensual, would court martial still be sought since her statement says she “was sleeping and wasn't consensual”?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,786 satisfied customers
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