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  1. Replies

    Breaking a Lease: Re: Steps to Breaking a Lease in Louisiana

    You might have a valid argument for terminating the lease by claiming a violation of the warranty of habitability. If the landlord has refused to repair the damaged areas this could be considered a...
  2. Heirs and Beneficiaries: Re: Can an Heir Disclaim His Share of an Inheritance

    Unfortunately, it is. From what you've described, it seems like your ex hasn't received his inheritance benefits yet. There's no law that requires a person to accept their inheritance, they are...
  3. Retail Fraud / Shoplifting: Re: First Offense Retail Fraud . What to Expect in Court

    Getting a public defender for a retail theft charge can be tough. Chances are the judge will probably deny your request, but there's no harm in asking. The worst he can do is say no. The reason...
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    Public Intoxication: Re: Citation for Public Drunkenness

    It sounds like you have an uphill battle. In my experience public intoxication charges are only dismissed under very specific circumstances. Some of these defenses may include:

  5. Expungement and Sealing: Re: Federal Record Still Exists After State Sealing / Expungement

    It sounds like you only expunged your offense through your state police department. To get rid of it on a federal level, you may want to try expunging it through the federal system.

  6. Search and Seizure: Re: Police Withholding ATV from Owner Until Driver Turns Himself In

    Yes, cops are allowed to seize evidence that they have a reasonable suspicion of being contraband part of a criminal investigation. While you didn't necessarily state whether you friend was doing...
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    Expungement and Sealing: Re: Where Do You File Your Expungement Case

    Fortunately for you, New Jersey has an expungement statute on its books that you're eligible for since both of your charges were dismissed. Even more fortunate is that the state actual wrote a guide...
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    Traffic School: Re: How Often is Traffic School Available

    It's actually not quite true that California law allows you to only go to traffic school once every 18 months. The way it works is that only one traffic school attendance in an 18-month period will...
  9. Copyright Law: Re: Government Publicly Available Data

    No, your use should fall under the fair use doctrine. As long as you give credit to the original author and don't charge users to access the government information, your use wouldn't infringe on the...
  10. Grounds for Eviction: Re: Twins Are Autistic and Keep Up a Lot of Noise in Our Complex-Can They Evict Us

    Only eviction for cause are allowed, anything else would be a wrongful eviction. The catch is that eviction can be done for a number of reasons, but mainly they are done for either failure to pay...
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    Roommates: Re: Twin Sisters Living in Rental Apartment for Too

    I'm sure you already tried to work out the issues between you, but I recommend that if you can try, you guys should try to attend some sort of counseling together to see if you can resolve your...
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    Extradition: Re: California Extradition from East Coast

    California does allow for extradition for those who have been charged with a crime in the state. So it's possible they may try to take you back, but it depends on a number of factors. Before...
  13. Enforcing Custody Orders: Re: Mother Left Country and Violate Visits

    The most immediate action you can take is notifying the court of her current and past violations to the child custody agreement. The court may not take the old violations into consideration because...
  14. Modification of Custody: Re: Changing County Restirction to Include Contiguous Counties

    Changing counties is common, but it generally courts will try and ensure both parent's right to a child are met. I wouldn't drop the case unless the ex is simply petitioning for full custody only...
  15. Change of Ownership: Re: Private Owners and Renting an Apartment-Who is Held Responsible

    It depends on whether or not you were named in the foreclosure.

    Tenant Named
    According to the Illinois Legal Advocate, an order of possession can be served by the purchaser of the foreclosed...
  16. Traffic School: Re: Taking Traffic School Twice in One Year Possible in the State of Va

    There's always a chance that a judge will be lenient and allow you to take traffic school, however, it really depends on the judge. My advice would be to definitely contest the ticket as you may get...
  17. Supervisors: Re: Co - Worker and Boss Setting a Person Up to be Fired

    What do you mean by setting you up to be fired? Unless they were attempting to fire you or these other people for discriminatory purposes, such as based on race, pregnancy, age, etc. it's perfectly...
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    Theft and Larceny: Re: Accused of Stealing Gym Bag

    Do you have your original bag to back up your claim? Short of some sort of evidence proving you mistake, it's unlikely that the charge would be dismissed. Just note that even if you have evidence...
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    Hit-and-Run Accidents: Re: Accused of Hit and Run in a Parking Lot

    Unfortunately, your mother's story isn't an uncommon one in this country. For years, cops have used strong arm tactics on defendants to get them to confess to crimes. And it's all perfectly legal. ...
  20. Arrest Warrants: Re: Entering the U.S. as a Tourist With an Outstanding Warrant

    It's hard to say because it depends on whether your warrant was entered into a national criminal database. Generally though, since it's a New York warrant, there's a possibility that the information...
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    Speeding Tickets: Re: Two Speeding Tickets Within 3 Weeks

    When a ticket say no court appearance required, it just means that you can pay the fine without going to court. However, that doesn't mean that you can't contest the tickets in court. And I would...
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    Copyright Law: Re: Legality of Song Lyrics Websites

    An argument could be raised that posting another artist's copyrighted lyrics violates their copyright over their intellectual property since you are reposting it without their permission. However,...
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    Business Regulation: Re: How to Move a LLC to a New State

    I would agree with you that the first option is better. In these situations, the considerations on which to choose usually boil down to which is better for you financially and for tax purposes. ...
  24. Subleases: Re: Does Right of Refusal Pass Down to a Subletter

    That's an interesting question, but you can rest assured that the right to refusal doesn't pass to subletters. The reason is because the right to refusal only attaches when the original landlord...
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    Heirs and Beneficiaries: Re: Minor Children and Inheritance

    No, your ex shouldn't be able to touch the money because it's not being given to you, but rather your kid. Either a trust or will would work, it just comes down to preference for the person leaving...
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