I have filed for a restraining order against my neighbor for
I have filed for a restraining order against my neighbor for harassment against my wife and I. the harassment, although include several forms of harassment, was mainly loud music. The harasser tried to get my request dismissed as a SLAPP. That was denied. He has filed an appeal to the SLAPP ruling. His opening brief claims that 1) because he is legally growing medical marijuana that he is protected by by the right to farm law/ordnance because it protects farmers against suits regarding noise. and 2 that the whole restraining order "scheme" (his word) is unconstitutional because of the restrictions that it imposes. His brief sounds so ridicules that I am inclined to not even respond to it and save the fees associated with filing a response. I cannot believe any judge would read the brief and think that he has a point. would that be a mistake?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Have you talked to a lawyer yet?Customer: yes, my lawyer says there is a small chance that the appeal would be granted but wants to file a response.JA: What advice did they give you?Customer: he wants to file a response. verry expensiveJA: Anything else you think the lawyer should know?Customer: The harasser has also been sited for disturbing the peace for his loud music. Twice! He also is facing contempt charge for violating the protective order imposed by the court over the disturbing the peace charge. Twice! four charges all together. He has been trying to have the public defender thrown off because,he claims, the public defender really has no motivation to put on a viable defense. he is scheduled to go to jury trial early to mid September.
I was arrested on March 21, 2015. I spent 7 months in jail
I was arrested on March 21, 2015. I spent 7 months in jail before bonding out on October 30, 2015. I was indicted on February 16, 2016. I appeared in court on March 2, 2016 at which time I was rearrested on a bench warrant that was issued on Feb. 24,2016. Evidently the bench warrant was for a new charge. I was out on bond prior to this. I had a bond reduction hearing on April 5, 2016 at which time my bond was supposed to remain the same as the previous bond. I just found out that I should have been released on April 28, 2016. I just got released today. I want to know how long the district attorney has to present his case in a jury trial or either dismiss the charges.JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: The state is Georgia. First arrest date was March 21, 2015. Second arrest was March 2, 2016 after the bench warrant was issued on Feb. 24, 2016. I was arrested when I went to court on March 2, 2016.JA: Has anything been filed or reported?Customer: We don't know. This has just been a weird case. I was supposed to have been released on the original bond on April 28, 2016, but I was kept in jail until today.JA: Anything else you want the lawyer to know before I connect you?Customer: I just need to know how long the district attorney has to take this to jury trial. I have been told he only has 120 days from filing the indictment to take to trial because I was incarcerated.
I am in Ohio. My daughter, age 22 just got her 3rd speeding
I am in Ohio. My daughter, age 22 just got her 3rd speeding ticket in a 12 month period. First ticket in Nov 2015, Second ticket Jan 2016 and 3rd ticket August 2016. She is ordered to go to Mayor's court in Middleburg Heights Ohio Wednesday 8/24. Part of me wants her to go to court and let them scare the hell out of her so that she slows down. BUT...Should she have an attorney? I read that in Ohio she could face 30 days in jail and $250 fine. Would they really give her jail time?JA: Because traffic laws vary from place to place, can you tell me what state this is in?Customer: OhioJA: Have you talked to a lawyer yet?Customer: no - trying to decide if one is necesaryJA: Anything else you think the lawyer should know?Customer: She had her license suspended at 16 for one ticket in the first 6 months of driving and suspended again at 18 for two tickets in the same year. she also had a speeding ticket w/ no points in June 2015.
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How do I request a jury trial for a malicious prosecution
How do I request a jury trial for a malicious prosecution claim for monetary damages and when do I ask for the jury trial? Do I ask for a jury trial on the claim form when I file the claim form with the clerk of courts?
I entered into an agreement to have an attorney represent me
Hello, I entered into an agreement to have an attorney represent me regarding a civil matter. Our agreement stated that I would be billed reasonable fees monthly or quarterly. The attorney didn't bill me until 3 years after the jury trial which was in my favor and 7 years after we signed the agreement. In addition to this she refuses to provide me with trust account documents and/or copies of checks regarding my retainer of 3,000. She is attempting to collect over 10,000 from me and I don't think this is unfair based on our contract. I live in Massachusetts
I live on New Mexico. I was involved in a rear end collision
I live on New Mexico. I was involved in a rear end collision with minor injuries. (The person received chiropractic care afterwards). I was issued a citation for careless driving. Now I'm being sued for punitive damages and the suit sites (reckless driving, which indicates willful and wonton disregard). But since I was only cited for careless driving due to inattention do they still have a basis for punitive damages? Thanks.
I am representing myself Pro Se in a breach of contract
I am representing myself Pro Se in a breach of contract civil case. Originally the defendant was also representing himself Pro Se, and actually filed his signed answer to the complaint with the court. The judge issued a Scheduling Order, advised both of us to get a lawyer, and gave us both until Sept. 18th, 2015 to add third parties or file amended motions. On Sept. 18th an attorney for the defendant filed his Entry of Appearance, filed a Motion to Amend Answer, Motion to Assert Affirmative Defenses, and a Motion to File Counterclaim. The judge allowed it. In the defendant's original answer he admitted 15 of the 19 allegations. In his amended complaint he denied 18 of the 19 allegations. I filed a Motion for a Partial Judgment on the Pleadings based on the defendant's Original Answer to Complaint and a Motion to Strike Defendant's Affirmative Defenses and Counterclaim, but the judge denied it. We proceeded to Discovery. I filed my list of expert witnesses and propounded my Interrogatories, Requests for Admission and Production of Documents. The defendant requested no discovery, nor did he respond to my discovery requests. I filed a Motion to Compel, which the judge granted. He gave the defendant 30 days to respond. Time was up on June 18th (Saturday) so the defendant had until 5 p.m. on Monday to file. Nothing was filed on Monday. On Wednesday, the 22nd, the defendant's attorney faxed a Notice of Service of Discovery Responses (dated June 20th) to the Court, along with the defendant's Answer to Requests for Admission. On Thursday, when I still hadn't heard from the defendant, I went to the clerk's office to see if anything had been filed. That's when I discovered that the Notice of Service and Answer to Request for Admissions had been faxed to the court. The clerk gave me a copy of a letter that was sent to the defendant's attorney advising him the clerk's office was unable to accept or time stamp faxed paperwork and that he would either have to mail in his documentation or file it in person, which the attorney did on June 22. I requested a copy of the General Docket. It was then I discovered that the attorney had also faxed his Entry of Appearance, Motion to Amend, Motion to Assert Affirmative Defenses and Motion to File Counterclaim on September 18, 2015 and then actually filed it three days later. The Entry of Appearance, Motion to Amend Answer, Motion to Assert Affirmative Defenses and Motion to File Counterclaim are all time stamped Sept. 21. (3 days late). At this point I am wondering if anything that's been filed by the defendant other than his original Answer to Complaint is even legal? Not only has the defendant not obeyed court ordered discovery (Not one of 81 document requests produced; responses to Interrogatories perfunctory, deficient and providing no substantive information ), his Answer to Request for Admissions is untimely, therefore deemed admitted, I'm not even sure if he is legally represented.Your thoughts?
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