Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I am writing for my mom, who has been in the hospital for 5

Customer Question
weeks. Her live in...
I am writing for my mom, who has been in the hospital for 5 weeks. Her live in boyfriend of 20 years was just hospitalized as well after breaking his hip and hitting his head and he is completely out of it now. HIS son, who has POW over his dad, had the locks changed on their home and I can no longer go there to get things for my mom. Hence, he locked my mom out of her own house. What type of legal action can we take? Do we call the police? She needs things from home occastionally, right now we need some medical files from the house for insurance.
Submitted: 5 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 12 minutes by:
12/2/2011
Criminal Lawyer: Law Educator, Esq., Lawyer replied 5 years ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,441
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
He has not locked your mom out, he has locked you out of the house. If you have power of attorney for your mom, then you have grounds to file a motion in court for an illegal eviction if the house belongs to the boyfriend. If the house is in your mom's name, then you have a right to call the police and have the boyfriend's son arrested for trespassing and you can get a locksmith to enter the house for you.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Ask Your Own Criminal Law Question
Customer reply replied 5 years ago
Her boyfriend is POA but now he's out of it. She's been meaning to change POA to me for a long time but hasn't done it. She just has a broken leg but her mind is perfect. Can she call the police from the hospital and direct them to let me in?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 5 years ago
So, she can give you a new PoA as well if her mind is healthy. Then you can call the police for entry. However, again, it depends on the ownership of the house and whose name the house is in. If the house is in the boyfriend's name, you would have to go to court for an expedited hearing for entry based on the unlawful eviction, since the police will not force him to let you into the house if her name is XXXXX XXXXX the lease. The police may try to convince him to allow you in to get the items you need, but ultimately it is a civil matter and if he refuses you have to go to court.
Ask Your Own Criminal Law Question
Customer reply replied 5 years ago
Long story short, this home (of only 3 years) is only owned by him b/c she was not working at the time that they bought it. Their 2 previous homes (the 17 years prior) that they owned were in both of their names. It's a very ugly situation and I can't believe his family is doing this to her. They are treating her like some sort of criminal, it doesn't make any sense.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 5 years ago
If his name is XXXXX XXXXX one on the house, you are going to have to sue to get entry if his PoA will not allow you to go get your mom's things.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,441
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago
What means does she have to give me POA since she is in the hospital and can't go to an attorney's office?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 5 years ago
You can get social services in the hospital to assist you with the PoA and you can also get an attorney who will actually go to the hospital for her to sign.
Ask Your Own Criminal Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 119,441
119,441 Satisfied Customers
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
With no previous criminal record what is the possible
With no previous criminal record what is the possible penalty for a charge of misuse of communication devices that include harrasment and 1 possible threat. I live in Westland Michigan… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
If someone has both a civil and a criminal restraining order
If someone has both a civil and a criminal restraining order against me, and I want to report criminal behavior on their part, can I be prosecuted for harassment? For instance, he is a 3rd grade teach… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My son is the county jail accuse of stalking a criminal
my son is the county jail accuse of stalking a criminal threat. He state that he is inocent. Authorities state the have phone records. The bails is $200k. He will be seeing the judge on tomorrow for t… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My criminal case was dismissed without prejudice for
My criminal case was dismissed without prejudice for sexual aggravated assault on a child,case could not be proven beyond a reasonable doubt.can this case be brought back to court and long will it sta… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,487 satisfied customers
I am a defendant in a criminal matter in state. Unaware of
I am a defendant in a criminal matter in Washington state. Unaware of his status as being the prosecuter handling my case (until I was his name signed at the bottom of my plea bargain), the prosecutin… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
55 satisfied customers
In a criminal case that is being plea bargained what does it
in a criminal case that is being plea bargained what does it mean when it is said allegation K5 in count 1 when the count 1 is hs11379(A)… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can I be cited for criminal Trespass from the tennis courts
Can I be cited for criminal Trespass from the tennis courts on a school grounds entirely at the discretion of the school officials… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
55 satisfied customers
I just found out I have a criminal Felony on my Okla. court
I just found out I have a criminal Felony on my Okla. court record. I have lived several years and worked in MN. Recently came back to Okla. When this all came about I paid the fine, did community ser… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
I moved and was mailed a court date for court and fail to
I moved and was mailed a court date for court and fail to appear for a suspsended license and have a bench warrant out for me, what should i do… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
119,441 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
Can a criminal defendant in a VA Circuit Court, withdraw his
Can a criminal defendant in a VA Circuit Court, withdraw his Motion To Suppress Evidence ans refile it when the necessary witness is available? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
In, county, Illinois criminal court regarding someone
In cook, county, Illinois criminal court regarding someone charged with aggravated battery(not the lawyer), is an outside criminal lawyer (meaning, he didn't have anything to actually do with the case… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
What is a competency hearing in a federal court or criminal
What is a competency hearing in a federal court or criminal court? Also is this close to trial or is this something else?… read more
Legal-Kal
Legal-Kal
Attorney
J.D.
585 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x