I have nephew that when he was 17 he went to juvenile for a
Hello.I have nephew that when he was 17 he went to juvenile hall for a month due to multiple time stealing and one time drug use then was put on probation and a program which he came out and with 4 guys when a girl came to visit and while drinking they all rape the girl. he is been in the jail now for 6 months and still going to court, his appointed attorney talking about that he will get two to three years if he sign the accusation.1. should we hire our own attorney to see if they can do a batter job?2. should we seek to find the victim and ask her to change her story may be by giving money for her suffering. would the defense attorney would take her story and not proceed?3. since he has green card and this is his second offense, they tell us that he would be deported, is this correct? is there any way that we can so he wont get deported?4. should he sign the paper or we should proceed without signing?any addition advises that you can give us what we should do.thanksjames
I had a theft charge dismissed about 9 years ago and am
Hi! I had a theft charge dismissed about 9 years ago and am wondering if this is going to effect my employment offer. I got an offer working at a bank.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: KentuckyJA: Has anything been filed or reported?Customer: It was filed but I was never convicted.JA: Anything else you want the lawyer to know before I connect you?Customer: That is all
I am a 21 year old living with my parents for financial
I am a 21 year old living with my parents for financial reasons. I have a day job that I currently do from home (but I do occasionally have to commute to the city), and in fact I'm the only person living here at the moment with any income.Living in my house is my 80 year old grandmother with dementia. Legally, somebody must be here at all times in case she needs something.The problem here is that in my house, it's essentially turned into a game that my folks play: Last person out of the house has to stay and watch her!At no point have I ever agreed to take on this responsibility, but it's being implied that, simply by ensuring that I'm the last person in the house, I'm legally bound and obligated to stay and take responsibility of somebody I don't think I'm in a position to care for, and that I can be in "a lot of trouble" should I leave.Is this true? Can someone really shift responsibility onto someone else by tricking them into being last in the house? What if I had prior plans?What if I wake up one day, discover that I'm the only person home, and have to go into the office for whatever reason? Can I really be arrested for abandoning someone I never agreed to look after?I want to absolve myself of any responsibility for the care of this person, primarily because I don't want to be catching any more criminal charges should something go wrong.
3 Q's for atty: Did I miss a step here in preparing for
3 Q’s for atty: Did I miss a step here in preparing for Small Claims in Calif? My trial is Thursday 9-8-16. i am still in progress on a few details. In listening to a couple of you tubes— there is mention that the judge will ask: Have you exchanged evidence? I do not have any witnesses, have not subpoenaed any documents. I thought I just brought 3 copies of my case presentation to court. I see that this link below says under 7.3: "Make a request to the Judge in Court to examine the documents before your hearing.” >>> Is this exchanging evidence? I assumed they get a chance to look at my presentation a few minutes before Trial, and I have a chance to look at theirs just prior as well. http://www.courts.ca.gov/partners/documents/smallclaimschecklist-en.pdf >>>I did not try to settle the dispute myself, or ask for mediation. I did send a demand letter to which they did not respond. There are special circumstances in this case which are explained below. I spoke w/ Small Claims advisors 2-3 times an this and they did NOT say i had to exchange evidence, try to settle the dispute myself or to ask for mediation >>>2. If I have missed a step in not tying to settle or mediate, can I postpone the trial at this late date? 2 days before? I do have a medical excuse. Here is a summary of this unique case: A minor, aged 13 willfully and maliciously started a fire in her backyard (on a hot windy day with fire warnings out) as she was angry at her parents. The mother called 911 and the FD put it out. The next day, the minor again started another fire— this time farther away on their property. The mother called 911 in a panic and the FD came out w/ 2 units to put it out again. Unfortunately it was a hotter windier day with major fire warnings— and the embers from the 2nd fire blew across a few hundred feet and created the Coco’s Fire in San Marcos 5-1-4-14. it burned for about 10 days, 2000 acres, over 40 structures and 10 million in property damage, and cost I believe 27 million to fight. My rental unit was spared but burned all around 4 sides and up to 25 feet on 2 sides. My health was damaged by inhalation of ash as I cleaned up (despite precautions like a HEPA filter and a respirator) and continued to live there where it stunk for 8 months and was black ugly and charred for over a year. Damages: I have spent over 35K but am just asking for 10K as it is Small Claims. I have labs that show I did not have high levels of Arsenic and other heavy metals before the fire— and 8 labs to show very high levels of arsenic after the fire. A Dr has written a letter saying it appears my health has been damaged as a direct result of the fire and I am at risk for cancer because of this. Other supporting medical dignoses, etc for resulting damage to my digestive system. As it was a felony— I do have a Minute Order from Juvenile Court for 27,000.00— but as she is a minor— it will not go into effect until she can earn a living— at which point I may not still be alive. The parents have not paid each victim the required 15-20.00 for the Juvenile Court to perform some sort of restitution process. From the Probation Dept in June 2015: "Revenue and Recovery told me that the money is distributed on a percentage basis and victims will not receive any checks until at least $20 has been paid by Cheyenne (and her family) toward each victim." Nothing has been paid to date. I have a court ordered apology letter (as part of the Restitution) from the minor where she admitted she started the fire and that my health was damaged and that she would "work towards paying me back." Here is what I am trying to argue in Small Claims Court— that her parents were negligent and that they should be responsible for her and for covering the 10 K I ask for, and now --not 10 years from now.. I have the two 911 calls the Mother made for the Court. She obviously knew that her daughter started the fire but did not admit it. The only access to the location of the fire was thru heir backyard— it is in a canyon) Fire Reports say “no suspects” — but thew Mother knew and protected her daughter. The Arson Unit had to come to find them a month later— they did not admit they started the fire. In You tubes of the trial for this 13 year old arsonist I will cite— the DA states that on the first fire the minor laughed about it to her sister. The parents knew and yet did not restrain this 13 year old the second day. I believe this shows negligence on their part. Their home did not burn, nor the view. Everything else in 200 acres is a war zone and has not recovered. This 13 yr old was a professional bike racer and 2 x while the fire was still out of control she competed— and also 67 times after the fire. I will cite case law on the responsibility of the parents. California Civil Code section 1714.1My presentation to the Court consists of these audio and video files, medical records, receipts, the minor's letter, court ordered Restitution amount of 29,000, (I believe the day before this trial she will have paid her debt to society as she has completed her 400 hrs of community service and will no longer be a ward of the Court) I know this allows me a judgement— but she has 11 million from 64 people to pay back— so there is little chance I will ever see this.I understand her parents are only responsible for 40K for the entire case involving 11 million and 64 victims— and ONLY if they are found to be negligent. No one else has made a civil case against them— no attorney wants to share the 40K w/ 64 people.Her parents have demonstrated that they and she are protected by law as she is a minor and have not made any sort of apologies to neighbors or accepted responsibility for the crime. They are wealthy ( a LLC communications company, and just spent the entire summer back east w/all 4 kids. (They postponed the trial b/c of their vacation.) These are the reasons I knew it would be futile to try and ask for mediation. it is because the parents have not made the court ordered 15-20 per victim, and their plans to Appeal any ruling by the Judge in Juvenile court that I did not try and settle the dispute. (Also— my health is damaged and it is all I can do to get through the day— I am a disabled senior already and have had to go on Food Stamps and Medi-cal.) Last week I went to the ER with my gut issues.>>>Any advice on whether or not I missed a step and if so— OK to postpone trial? 3. Or anything on the rest of the case— parents responsibility? Thanks
My Friend who lives in Connecticut has had a major issue
My Friend who lives in Connecticut has had a major issue with his mother who is ill. She called the cops on him claiming he was being abusive to her, but he didn't lay a single finger on her. His property was destroyed by her and when the officers arrived they put him under house arrest for being a potential threat and soon detained him. Later he had to take out money from his account to pay for bail and he is currently in a serious situation. Is there any possible way he will make out of this without losing everything. Also my friend is 16.
My 16 y'o Daughter is being harrassedmby a kid in his bike
My 16 y'oDaughter is being harrassedmby a kid in his bike while she waits for the bus a block away from our house. She is annoyed but has been too nice to tell him to scram, I just heard of this and plan on confronting this creep . What should I do
I filled out a request regarding my son. He was badly beaten
I filled out a request regarding my son. He was badly beaten nd hurt du to a corrections officer divulging that he had nerd. Guilty plea to a child sexual abuse charge. Charges ere based on allegations made by a stepdaughter. My son has been dignos d with pervasive developmental disability. The district attorney grossly overcharged him when in fact all of this was fabricated by this disgruntled teen mother. My son was scared into taking a plea. Maybe you have my first question descriptionWhich is can he bring a civil suit? It seems to me this information is public record and prisoner on prisoner violence is sadly the norm. My question? What would. He base a civil suit on?
Counselor at Law
I'm suing a person in small claims court and was given a
I'm suing a person in small claims court and was given a default judgment hearing. Before my case can be heard, I'm required to get "The Soldiers and Sailors Civil Relief Act" affidavit proving he's not in the military. I'm not sure how to go about getting said affidavit.