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I Have A Domestic Violence Case Does My Lawyer Know Who The Witnesses Are?
If My Lawyer Know Who The Victims Are In This Case And If They Do Know Would They Tell Me.
Your lawyer or public defender will file a discovery motion and receive the witness statements along with the name and address of the witnesses so he or his investigator may question them. You can request to see those statements through your lawyer. Most lawyers will block out the names and addresses of the witnesses however since most state laws prohibit him from revealing that information to you.
You do have the right to confront any witness against you, but that won't be until your trial. I"m afraid you'll have to wait until after your conviction and sentence before you can identify and beat them up. At least, you'll know who they are when your next court case comes up.
My Sister Is Executor Of My Mother'S Estate;She And The Attorney Want Me To Sign A Waiver Of Notice Of Probate?
If I Do Sign The Waiver Of Notice Of Probate Will It Somehow Put Me At A Disadvantage?
Generally, most states require that all heirs or potential heirs either be sent formal notice (often requiring it to be served by sheriff, etc), or waive notice. By waiving notice, you aren't turning down your right to inspect the proceedings, and generally you will get a copy of any pleadings anyway. This simplifies things for the estate administration and reduces to cost to the estate.
If you have a reason not to trust your sister, then consult a probate attorney licensed in that jurisdiction on the specific steps you can take. For a referral, contact the local or state bar association.
Problems With Family Law Lawyer?
First Off, I Am A Single Mother Of A 5 Year Old. I Wanted To Make My Mom'S Birthday Special So I Booked A Cruise To The Caribbean Last Year For The Three Of Us. I Found Out Early On That I Need To Have Sole Custody Of My Son In Order To Take Him On This Trip. (The Father Is No Where In The Picture And Do Not Want Him Involved So I Can Not Ask Him) I Hired A Lawyer On January 28Th, 2012 To Get The Custody Papers So We Can Get Our Passports. It Is Over A Year Later And Our Trip Is In Less Than A Month And I Still Have Nothing To Show For This. She Rarely Returns My Phone Calls And Everytime We Actually Talk, She Says She Has It Scheduled For The Next Week And Doesn'T Call Me Back. When I Originally Went Last Year To See Her, She Said Things Will Be Done In Plenty Of Time. Now It Is Less Than A Month Till We Leave And I Don'T Have Any Papers So We Can Get The Passport! What Can I Do? I Saved Up All Year To Make This Special, And We Cruise On My Mom'S Birthday, With Some Extra Spending Money, And Now She Expects Me To Pay Extra Money For A Expedited Passport! What Can I Do? I Need Help Asap.
For some reason that in my 40 plus years as a practicing lawyer, I have never understood, and your question is so typical, is why do folks go to a lawyer and expect the result they want and suits their purpose by return mail. It just does not work that way. To get sole custody of your child is not a question of getting the request rubber stamped at the local court house. If the father is required to give consent to the child being out of the country, and bye the way i find it hard to understand why, but if he does, then he has to be found and asked. Perhaps it has taken this long to do everything and it is not unreasonable to ask for the few extra bucks for an expedited passport. Two things come to mind, first if things were taking so long to do, in your opinion, why dont you go to another office.Second I would have thought that any grandmother would be happy to have the cruise money put aside for the childs education, and would think that a beautiful birthday present. Thats what my wife would think, she could not enjoy a trip that a single mother has had to save up for a whole year for. Anyway enjoy the trip.
Legal Advice: I Am Hiring A Lawyer For My Dad, I Need Some Questions Answered Please?
A Little About Me: I Am Almost 20, Going To College And Taking Care Of Myself, Have Been For Quite A While Now. My Dad For The Last Four Years Has Been In And Out Of County Jail For Multiple Things, Nothing Too Bad, Bad Checks, Violation Of Restraining Order (Going Through His Divorce, His Ex Wife My Step Mom Of 17 Years Was Seeing My Dads Friend), Just Things Like That.
In 2007 He Did 6 Months In County Jail And While In There They Gave Him A 2 Years Suspended Sentence. During This Time Of Being In Jail, He Was In A Cell With Four Other Guys And The Head Sheriff Had Been Working On The Television Cable. There Were Just Bare Wires In The Back Of The Tv So He Broke A Tooth Brush And Pushed It In There To Hold The Wires In For The Time Being. A Cook Had Brought Up A Razor Blade For Another Guy In The Cell And It Had Been Laying On The Shelf. Then Later That Day The Head Sheriff Had Come In With A New Cable Cord And Fixed The Cable, He Laid The Broken Tooth Brush On One Of The Shelves.
Ok The One Of The Under Sheriff'S Come By And See The Razer Blade And Tells My Dad To Pick It Up And Had It To Him, Which He Did, Then The Sheriff Takes The Tooth Brush Off The Shelf And Takes It To Another Sheriff And Says That My Dad Was Trying To Make A Weapon Out Of These 2 Objects.
Ok Then We Go To Court And He Has A Court Appointed Attorney Who Knows Nothing About The Cases That We Were Told By The Court Clerk For That Day. They Let The 2 Sheriffs Testify And One Gets Caught In A Lie And Says That He Is Not 100% Sure He Seen My Dad With Both The Objects In His Hand, The Other Sheriff Testifies And Says He Cant Say Anything Because He Didn'T See Any Of It The First Sheriff Brought It To Him. Then They Switch Cases To The Restraining Order And Have My Ex- Step Mom Testify And She Says That If Anyone Broke The Restraining Order It Was Me When I Bailed Him Out Of Jail Or Came Up And Seen Him, Then They Switch Back To The Other Case.They Take A Recess And Call The Head Sheriff Who Wasn'T Subpoenaed To Testify And See What He Says. When They Come Back Dads Attorney Says Can We Call Him Back And Put Him On Speaker Phone And The Judge Wont Allow His Testimony Into The Court. The Da Says Lets Dismiss This Case And The Breaking A Restraining Order Case, The Judge Says No And Then He Says I Can See Him Having A Creative Mind With This And I Think That His Intentions Were To Make A Weapon With These And He Revokes His 2 Year Suspended Sentence Just Like That. On His Assumption.
So Here Is My Question: I Am Going To Appeal It The New Lawyer Says We Have A Strong Enough Case Based On The Court Appointed Attorney Not Representing Dad To His Fullest Ability, Such As He Should Of Subpoenaed The Head Sheriff To Testify And He Should Of Be Prepared With Every Case That They Were Discussing That Day.
What Happens If The Appeal Doesnt Go Through Until He Has Alread Served His Sentence In Prison And He Then Wins The Appeal? Was All Of That Time And Money A Waste? Obviously I Dont Have A Lot Of Money, I Am Hiring This Lawyer With My Grant Money From College.
First, it is probably a violation of the terms of the grant to use that money to hire an Attorney for your dad.
You should not use your College Grant money to hire an Attorney for your dad without written permission from the agency that gave you the grant.
Can I Claim Personal Injury After So Long?
I Need Advise!!!
I Was In An Accident On Jan Of 08 My Husband Was Driving And I Was In The Passenger Seat And Our Daughter Was Sitting In The Back. A Car Hit Us From Behind And The Car Behind Him, Hit Him, Causing The Car To Hit Us A Second Time.
We Did Not Go To The Doctors Because We Were Not In A Lot Of Pain. The Insurance Company Has Declared That The 3Rd Driver Was At Fault.
Well Know I’M Experiencing Sever Back Pain And I’M Taking Pain Medication And Anti-Inflammatory To Deal With The Pain. I’Ve Never Experienced Back Pain Before And I Was Never Injured Before The Accident. My Husband Wants Me To Seek Legal Help To See What We Can Do About Claiming Personal Injury. My Question Is….Can I Claim Personal Injury After So Long?
I can only speak from my experience practing personal injury in San Francisco, California. You should speak with an attorney in NJ. The short answer is yes you could still sue or make a claim it the statute of limitation on your car accident case has not passed. However, this is a big issue in personal injury cases, when an injured party does not seek treatment immediately after the accident, the other side/insurance company always argues that the accident is unrelated to injury. Many times they'll bring up a prior accident or tfor example that you played football in high school. It is true that you would need an expert/doctor to say that your injury is related to the accident. But the insurance company will hire there own who will say its unrelated.
Also to consider is how severe the accident was, the general rule it that the higher the property damage the stronger your case is. The toughest cases are slight fender bender type cases where the client takes days or even weeks to get treatment.
If you are ever in an accident its very important to follow up with a medical doctor so as to document your injuries.
Also make sure to double check that no statute of limitations have been missed (waited to long to file a lawsuit). In California for car accidents against private parites its 2 years but may be different in NJ.
How Would An Attorney Interpret This Divorce Stipulation?
The Respondent Shall Maintain Health Insurance On Daughter And Has Been Given Credit For The Amount She Shall Pay In The Child Support Guideline Worksheet.
I Maintained Health Insurance Until About A Year Ago When I Took Some Time Off From My Job. I Told My Ex Of The Situation And Told Him I Would Pay Him The Difference Between A Single Plan And Adding Her, Which I Have Done Since. She Is Currently 18 But Will Not Graduate High School Until The End Of May 2007. My Ex Is Telling Me I Owe Him Until 2011. His Child Support 'Continues Until The Child In Question Reaches The Age Of Eighteen And Graduates From High School Which Ever Event Occurs Later, Marries, Dies Or Otherwise Becomes Self Supporting'. How Would An Attorney Interpret This? Does This Apply To Support Only? Am I Fully Responsible For Health Insurance Until She Is On Her Own? Any Help Is Greatly Appreciated.
In the first line:
The Respondent shall maintain health insurance on daughter and has been given credit for the amount she shall pay in the Child Support Guideline Worksheet.
The Respondent, or the person answering the suit, is told that they will keep health insurance on the daughter and that your child support payment has been adjusted to reflect the amount that you have to pay for health insurance. Example: by what you were making you may have been required to pay $1000.00 per month for child support. Health care coverage would cost you $350.00 per month so you were required to pay $550.00 per month plus provide health insurance.
On to the second section, what this section is saying, in lay terms is:
You will provide child support in the form of money and health care coverage until your child reaches 18 or until she graduates high school which ever comes later, if she graduated at the age of 17 or younger you would still be financially responsible until she turned 18; on the same hand if she turns 18 or older and is still attending high school and has not yet graduated due to failing or being held back, you would be required to pay child support until the legal age that a child can no longer attend public school you would still be required to pay child support in the ways listed above. UNLESS, and this is very important, she gets married, in which case you and her father would cease being responsible for her; that would fall to her husband; she dies; your financial responsibility is to her not your ex; or she becomes can financially support herself, she becomes emancipated or becomes a legal age that she can move out and she does and that she can pay rent, buy food and has a job.
Your responsibility is to HER not your ex. You can ask your attorney that handled the divorce to explain this to you if you feel the need. When your daughter gets her diploma in hand, your financial responsibility to her ends that moment. If she graduates before the end of a child support cycle you can and would get an adjustment on what you have paid. Most people do not go this route because it is your child that you are speaking of. However, that being said, when your child is through with school, get a transcript from her school and give a copy of it to the child support enforcement department of your local District Attorney's Department. If you have any correspondence from you ex demanding further payment from you give the DA's office that information also. Keep a copy of the transcript and the Final Dispensation of Divorce and Child Support Order, also any canceled checks that show that you were paying for health care for your daughter.
You can ask the Judge that signed your Child Support Orders or his office to clarify what his intentions were and explain what the difficulty you are having is. If this goes to court it will come out in your favor. Just remember, CHILD SUPPORT IS FOR THE MINOR or in your case school CHILD. It is to be used for the support of the CHILD, not the ex-spouse. When that child graduates, reaches adulthood, marries, becomes independent or dies, your obligation to them is over unless there is a clause in there that stipulates if the child in question is attending a facility of higher learning full time, i.e.: college.