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Need Legal Advice. From Lawyers Or Anyone Who Knows The Law Well.?
Alrite....Im In A Pissed Off Mood Right Now. I'M Asian, My Mom And Dad Are Both Born And Raised In Laos And Thailand. They Came To America In The 1970'S Due To The Vietnam War. My Mom Understands English To A Minimal Degree And She Speaks Broken English And English Is Not Her First Language. So A F**Ken Roof Contractor Comes Over And Talks To My Mom While She'S The Only One Home And They Convince Her To Sign A Damn Roofing Contract. Today, The Contractors Come Over And Everyone In The Family Is Pissed Off Because The Contractors Are Charging A Rip Off Price That My Family Cannot Pay. So When Me And My Dad See The Contractors Parking Their Cars To Work On The House, We Kick Them Off Our Property And Almost Get Into A Scuffle With Them. They Threaten To Sue. What Are My Options?
Please Keep In Mind, I Need Professional Advice. I Already Know That On My Mom'S Part, She Signed The Contract Under Negligence, She Didn'T Know What She Was Signing And She Didn'T Know It Was A Contract At All!!!! She Says The &Quot;People&Quot; Were Being Nice And They Said She Needed To Sign Papers. So She Signs Them. We'Ve Contacted A Lawyer.
Do I Have A Case That'S In My Favor Here?
Also...The Contractors Are Pushing To Fix The Roof Of Our House And They Are Very Aggressive To Put Work On The House. I Just See These Guys As Scam Artists Because We'Ve Already Said No. They Even Threaten To Fight Us Physically Because Of Our Repeated Shouts Of &Quot;Get The Hell Off Our Property&Quot;. Gosh This Is Freakin Pissin Me Off...Someone Help Me Out Here And Give Me A View Of What To Expect And How This Is Going To Work Out. Explain Some Of The Processes For Me And What I Can Do If A Situation Occurs, Like If I Come Home And The Roofers Are On My House Fixing The Roof. God I Just Want A Baseball Bat Right Now And Beat The Crap Out Of These Idiot People Who Think They Can Come Scam On The Polite Foreigners Who Speak English As A Second Language.
The contract is voidable if it was signed under undue influence, coerce or intoxication. It looks like none of this applied to your mom. If the contractor lied to your mom and tricked her into an agreement, then you should still have a case.
If the only thing you don't like about the contract was the price, then you could have the price reviewed by the court. As you should know a contract has to be reasonable. If the market price is $4,000 for a new roof, he charged $4,300 - $4,500, it seems reasonable. However, if the contractor charged you $5,000 to $6,000, then it would be unreasonable.
I do not know the exact conversation between your mom and the contractor, so it is very hard to determine the outcome of the case.
There are still some loophole on the contract that you should look for (your lawyer would probably do it). A binding contract should include all the details of the materials used. If not, it could be voidable.
The law does not excuse ignorance. If you do not understand the contact you should not sign it. So the fact that your mom does not speak good English could not get her out of the contract unless there was fraud involved.
I think your chance is still 50/50 to win the case.
I wish you good luck in this case.
Please Help I Need Free Legal Advice?
I Need Some Free Legal Advice, Where Do I Call? I Live In Austin Texas If That Matters
Low income people can use Legal Aid. In Austin, it is Texas RioGrande Legal Aid: www.trla.org .
UT Law School has a pro bono program: www.utexas.edu/law/centers/publicinteres...
The initial 30-minute consultation by an attorney is only $20 when you get a referral from the Lawyer Referral Service of Central Texas: www.austinlrs.org . You are under no obligation to hire that lawyer after your consultation.
Many firms offer free initial consulations if you intend to sue someone and plan to have a contingency contract with your attorney.
Can A Case Be Dismissed If A Defendant Is Denied A Court Appointed Attorney An Appeals It?
Yes and no. Mostly no.
If a defendant request a court appointed attorney, is denied the attorney, and appeals the case, then the original case would be overturned on appeal. But Double Jeopardy does not apply in this situation. So all that would happen is the case would start over again, this time with an appointed lawyer. So while the original conviction would be overturned, the case would not simply be dismissed or go away after the appeal.
And all of this is assuming the case actually qualifies for a public defender. The Constitutional right to an attorney is only on criminal charges where the defendant is facing 6 months or more of jail time (although some States have rules that allow an appointed attorney on criminal cases with less jail time). Things like civil lawsuits, tickets, and other small misdemeanors (depending on your State) do not carry the right to an attorney, meaning that if you are denied and appeal, you would lose the appeal. You also have to financially qualify for a public defender. Even if your case is one that carries the right to a lawyer, you don't get a public defender or appointed attorney simply because you would prefer to not pay for one. You still have to pass the financial eligibility requirements. Generally speaking, if you can choose between a public defender or hiring a lawyer....you have to hire one.
I highly highly doubt you were denied an appointed attorney in a case where you were legally entitled to one. Judges usually take a lot of steps to make sure a person eligible for an attorney gets one to prevent the issue on appeal, as well as to ease the court process. Judges strongly prefer cases where the defendant has a lawyer over a case where the defendant represents themselves because lawyers actually understand the process, procedures, and rules.
Do You Drink And Drive?
In AZ, there's a no-tolerance law for drinking and driving; we don't do the .008 anymore. So many people have stopped drinking and driving entirely. However, plenty of people know their limit- are they woozy or tipping over? No? So they still feel completely normal? Then yeah, they'll drive. Lots of people are hypocrites- "I NEVER drink and drive!" Everyone has had a glass of wine at dinner, and then drove home. It's completely normal, and won't kill anyone (unless a glass of wine actually does get you hammered). But is it best to not drink anything at all? Of course. But look at it this way- alcohol is a downer- it slows you down. Who has any authority to say that a downer makes you a worse driver than an upper? I would rather someone who had a couple beers drive than someone who just snorted a line of crack.
Are Dui Laws Out Of Control?
Is It Just Me, Or Do You Think Duis Are Blown Out Of Proportion And Nothing More Than A Revenue Generating Machine For The City And State Governments?
I Drive All The Time At Levels I Know To Be Above .08. I Drive Better Then Because I’M Much More Cognizant Of My Fellow Drivers, Road Conditions And Speed Limits As I Know The Added Consequences Of Not Adhering To Each. As Such, I’Ve Never Been Pulled Over Or Received A Dui For Driving In An Intoxicated State.
Surely There Should Be Some Reasonable Limit At Which There Should Be A Penalty For Driving Above. But, .08 Is Only Equivalent To Having 3 - 4 Beers For A 150 Lb Man. That’S Nothing. Nothing. The Yappy Woman On Her Cell Phone Or Guy With Blaring His Radio Puts His Fellow Drivers In More Danger. Wouldn’T A More Reasonable Limit Be .12 - .15?
Note: I Don’T Give A Good Goddamn About Your “Friend” Killed By A Drunk Driver Any More Than I Care About Some Stupid Kid Who Played With A Gun And Accidentally Killed His Friend When Formulating An Opinion On Gun Laws. Each Represent A Minority. Considering Either Isn’T Away To Arrive A Reasoned, Thoughtful Conclusion.
Yes and no. I don't think that their is anything wrong with the law as it is. However, I have pulled over a number of people above the legal limit, and most of them are those people who had two glasses of wine or two bottles of beer in an hour. Are they drunk? No, not really, but according to the law they are.
The problem with the law that I do not like, is that our judical system, at least here in Indiana, sends most of these men/women to prison with no treatment. I believe that all drug and alcohol abusers should get at least one chance at rehab. These people have problems that prison isn't going to solve, it only delays it. If they violate the conditions of rehab or are re-arrested for drugs or alcohol, then yes, send them to prison. But I believe they should be sent some place first to help them defeat their problem versus just trying to sweep it under the rug.
This is one of the main reasons that our jails/prisons are overcrowded. And who is paying for it, the taxpayer.
What Is A Reasonable Retainer For A Divorce Attorney?
Going Through Divorce Now. I Have A Top Attorney And He Only Wanted $500 Down (At $175/Hr) But My Wife'S Attorney Wants $2500 In Advance (Then $150/Hr). Does This Seem Fishy To Anyone Else?
Possibly your wife's attorney didn't really want the case, so he made the retainer fee high, so she couldn't afford the initial down payment, or he felt she was not a good "credit risk" depending on her employment, so he is trying to get some of his money up front. In your case, your attorney may feel you are more credible and good for the payments. or....your wife's attorney doesn't have that many clients, and needs the instant cash!