Paul A Epstein's Answers

When taking a deposition out of state

I have taken depositions in other states many times. If you appear in court and you are not licensed in that state, you then have to ask permission to appear, and they usually require another attorney licensed in that state work with you. For a deposition it is not needed.

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Please help?

Whether it was rape or not may depend upon your age. If you are under 16 then you do not have a right to consent. Therefore, it would be statutory rape, even if you did consent. If you are over 16 and had sex with consent then it would not be rape. He did ask you if you wanted him to stop and as soon as you said yes, he did. If you are over 16 then it is not rape.

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What is my option?

Many times when you are found shoplifting, the mall or store will issue a no trespass order. This means that if you go in the store, within the time period, usually one year, then you can be charged with trespass.

I was at fault, with no insurance in a car accident. What happens now?

If you were at fault then you are responsible for any damage that you caused. I would request that the woman let you bring the car to an auto body shop or mechanic that you trust to try to determine what damage was actually caused by you. The other thing you can do is to look over all of the items that she mentioned and agree that you will pay her a certain amount, and if you cannot come to an agreement, then agree to have the case heard in smalls claims court.

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Was this accident considered my fault?

Normally if you strike someone from behind, you are considered at fault. You are supposed to keep a safe enough distance away that you will be able to stop in case of an emergency. There are exceptions, and your case may be one of them. For example, I had a case where the car in front was hit head on and moved backwards. In that case my client behind the struck vehicle would not have been able to stop.

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What do I put on a application, I am on probation before judgment?

If the Judge found you guilty, even after a plea, then you would be guilty of the offense and that is the conviction. If you violate probation that is a different charge, and if convicted you would be guilty of two charges. Whether you violate probation or not it is still a conviction on the crime that you were charged with. The only question is whether what you were convicted of was a felony. Since I am not a Maryland attorney, I do not know what charges are felonies there, but if the...

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Can a person sue the owner of a baboon for injuring her knee without touching her?

The baboon does not have to touch her for there to be a claim. What you need is neglgence by the baboon owner. In Massachusetts, The Court held that, if he knew or should have known of the animal's vicious temperament, he could be held liable for the injuries to a third person. The duty imposed by law is that one shall not negligently put forth in public places a dangerous instrumentality likely to injure third persons. Thus, in order for the plaintiff to recover there must be evidence that...

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Medical records

In Massachusetts, where I practice, you do not have to provide a signed release in a bodily injury case to the other side, unless you are ordered to by a judge. Many times I either refuse to have my client sign one, just for the reasons you stated, or we agree to a tailored release that only goes to the medications taken for the injury. If the pharmacist can't do it that does not necessarily make it your problem. There are reasons why I have my clients sign a release, and reasons why I don'...

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My son has been arrested in california was on probation in Boston and skipped bail. What will happen for skipping bail?

This type of situation usually carries a 5 year mandatory minimum sentence. He would be eligible for any credits, even it that took him below the mandatory minimum sentence. It is unlikely that he would be able to go to a drug treatment center instead of jail time. It is up to the judge in California if he/she wants to run the sentence concurrently with Boston time. The fee is depends on many factors which I would have to discuss with the client. That consultation is free.

Fell outside apartment complex due to lack of shoveling/salt on sidewalk and broke arm. Are they expected to $ medical bills?

It depends what the law is in your state. In Massachusetts there is no responsibility to shovel or sand. Although it may not violate a civil law, it may violate a health department code. If it does violate a health department code than you may not be able to get pain and suffering, but you may be able to get your medicals and lost wages. Check with an attorney in your area.