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Andrew Daniel Myers

Andrew Myers’s Answers

13,003 total


  • I ride a bike home from work almost every night.so three days ago a cop stoped me.he got out of his car asked for my name and wh

    asked for my name and all that info.the next two nights i get close to home i get stoped again.and the next cop says areyou the one we stoped tge other night are you so and so then took off.then the next night same in the same spot the cop says ar...

    Andrew’s Answer

    The answer to your question depends largely on the context and the facts surrounding the stops. The police may well be concerned for your safety, On the other hand they may have a 'Be On The Look Out' for someone who has a similar description to yours, There may have been local crimes committed in your area by a bicyclist. All of this is speculation, but of course you certainly have the right to be concerned and I would suggest that perhaps you contact the local police department in a low key non confrontational manner and ask for a conference in which you can discuss what is up. There have been many serious bicycle accidents in Massachusetts and across the nation, so much so that a Massachusetts Governor's task force and the federal NHTSA have both released studies on the depth of the problem and what to do to reduce accidents. Here's what I'm talking about: http://www.attorney-myers.com/2015/08/ten-highway-dangers/ I wish you the best and please be safe on your bicycle.

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  • Is it illegal to kneel down and gently kiss a woman on her outer thigh?

    If a woman is sitting down and wearing shorts with her legs crossed, is it illegal to kneel down and gently give her a kiss on her outer thigh? If it is illegal, is there a prosecutor in the world that would pursue a case if a complaint was filed?...

    Andrew’s Answer

    Well, you know what it all depends on the context and the facts surrounding the incident. Only by way of illustrative example, if the woman is your girlfriend, for the most part, no problem. If the woman is unknown to you, a stranger, a person you've never met before, yes it is an assault an battery in that it is an unprivileged unconsented touching. Matters not in the least that there is no "harm", the violation is in the touching. As to whether there is a prosecutor 'in the world' or more relevantly for you, in TX, that would prosecute, well, you know what, again it depends on the context. I believe it is a misdemeanor and not a felony but this depends entirely on the facts and TX law. My best advice, don't go around kissing women, or anyone for that matter, that aren't interested. That's the way it is. Cheers.

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  • Can i sue the post office for pain and suffering?

    The mail lady asked my land lord to sign for my pain medication from the VA, and then refused to give them to my land lord. The mail ladytold my land lord thats she would put them in my mail box. They never made it in my box. They were signed for ...

    Andrew’s Answer

    Bringing a successful legal claim against the federal government or one of its agencies is extremely difficult largely because the government makes the rules how when where and why to sue. And, contrary to urban myth, the U.S. Postal Service is still very much a part of the U.S. federal government. While the postal board of governors were given some autonomy a number of years ago, the U.S.P.S. is a part of the federal government as specified in the U.S. Constitution. In any event, lawsuits against the U,S, Postal Service are controlled by the Federal Tort Claims Act, and here is why all of the AVVO lawyers so far advise you as to the difficulty of suing the post office: http://www.attorney-myers.com/2012/03/claims-against-the-government/ I know this is a bitter pill to swallow. But, that's the way it is. I wish you the best.

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  • I am looking for an attorney that deals with the workplace. My husband has been passed over for a promotion for several year.

    He is more qualified and the ones getting the promotions are less qualified and less experienced. Job openings are not posted and just given to the mayors friends.

    Andrew’s Answer

    The best way to find an attorney is to use AVVO's "Find a Lawyer" tab above on this page. Employment discrimination cases are tough and require an aggressive attorney with experience in that area. I wish you the best with this.

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  • Illegal monitoring...

    Please answer the fallowing question. I´ve posted this before but seem to keep getting indirect answers. I am currently homeless because of my situation. I am not here to waste anyone’s time but my situation seems to be a special one. I have been ...

    Andrew’s Answer

    Do not do anything rash, please. Use AVVO's Find a Lawyer tab up top to find an attorney to help run your info and find out what is actually in your record. You should also check pro bono legal services or the New York State Bar may be able to refer you to a pro bono or low fee no fee program. Please let someone handle this for you and do not do any of the things you said you were thinking of. Life is a gift.

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  • What if a defendant answers the plaintiff's complaint and denies all allegations? Does the case go to trial at that point?

    Plaintiff's complaint is against a company worker who forged customer's name on a delivery receipt. Customer was severely injured by product, and since the customer's signature was forged, the warning on the receipt is void. Company now holds liab...

    Andrew’s Answer

    It is not uncommon for defendants in civil lawsuits to deny many or most of the allegations in the complaint. The rules require that answers and all pleadings be made in good faith. But, their basis may be in the language used in the allegations. Trials are not "automatic" what happens next is the discovery phase. This is where many cases succeed or fail. As a civil litigation attorney with 25 years of experience, do not proceed any further in a case of this nature without an attorney unless you want to lose. I know this is not the answer you are looking for, but it is the correct answer.

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  • Never paid down payment on car.

    Bought a car the dealer never asked for our down payment at time we signed the paperwork. They called me and said that if they don't get it the will peruse other actions. Its been two months since we bought the car do I still need to pay it and wh...

    Andrew’s Answer

    One issue is whether you actually "bought the car" as suggested in your post. If you did not give them any money, regardless of whether the dealer represented asked for money, forgot to ask for cash or otherwise, you may not have a purchase and they would likely have all rights to either demand payment or the return of the car. A valid contract requires an offer, acceptance, and consideration. The dealer delivered the car to you, the answer to your question is that yes you still need to pay for the car. I rarely side with the car dealers, but I'll make an exception here. I know this is not the answer that you are looking for, but I wish you the best.

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  • How can I get information from the insurance company if they are refusing to give it.

    I was in a car accident and wanted to file a suit against the driver, but the driver is hiding, But I found out the owner of the car was another person but the insurance company would not release that info as they say only my lawyer can get it. ...

    Andrew’s Answer

    After a motor vehicle accident you should be able to obtain an accident report or a police report from the department that responded to the scene of the crash. Sometimes police take time to finalize the report and so they will release a data form which gives the names and other identifying information with respect to the motor vehicle operators. So, don't give up on trying to get this information from the police. If police did not respond to this accident, then you will have to speak either to anyone who was at the accident scene who took down the information or to your own insurance company. I know you don not want to hear this but it is true that this will go much more smoothly for you if you retain an attorney. Here's why I say that: http://www.attorney-myers.com/2012/10/personal-injury-10-reasons-not-to-do-it-yourself/ It makes the most sense and you will do better if you retain an experienced attorney in your jurisdiction.

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  • I cut three fingers off to my knuckles because of a trim press not having the right equipment an also out dated at work.

    I cut the tip of my index finger,middle an third fingers to the knuckles at a private company north shore manufacturing through a temp service

    Andrew’s Answer

    Injuries sustained at work are compensated by workers compensation. Whether it is a private company, as you have indicated in your posting, or any other company, employers are required to provide workers compensation insurance benefits. The most expedient thing I can tell you is to consult with a workers compensation attorney in your jurisdiction right away because the workers compensation laws vary from state to state. Employers and their workers compensation insurance companies also want to get to you and tell you they'll 'take care of you' without an attorney. What they really mean is that they don't want you to retain an attorney to give you advice as to all of the workers compensation benefits that are available to you. Here's what I mean: http://www.attorney-myers.com/2012/12/workers-compensation-injuries/ Good luck with it. I wish you the best.

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  • Marrying to a person with previous felony and jail term.

    I want exploring my options about marrying my girl friend who is an inmate at the moment. Can I marry her and apply for green card. How practical/difficult is it to prove that marriage is done on good faith?

    Andrew’s Answer

    Best bet is to use the "Find a Lawyer" tab above and to retain an immigration attorney. There are too many facts that need to be looked at beyond a couple of lines posted on a website to be able to give you an accurate answer over the computer. I wish you the best.

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