Skip to main content
Allan E Richardson

Allan Richardson’s Answers

823 total


  • Mediation

    Scheduled for mediation and their asking to bring all my documentation, but my previous atty has all my documents, notes, discoveries, everything...what advise can anyone provide me. Thanks

    Allan’s Answer

    Ask your attorney for the file. He or she is obligated to provide it upon your request. Then you will also have all of the documents.

    See question 
  • Does the police need to recite the Miranda Rights if a person that has a warrant turns themselves into the station to be booked?

    I had a warrant, walked into the police station and told them I was turning myself in. The booking officer asked me about the incident, to which I replied "Its complicated." and said nothing else. He asked me "Do you understand the charges?' and I...

    Allan’s Answer

    You are required to be provided with your Miranda Warnings prior to custodial interrogation. Police can ask routine booking questions without providing the Miranda Warnings.

    See question 
  • Can I sue a police officer/department for negligence?

    My car was stolen out of my driveway and reported stolen to local police on 10/1/15 at 5:30 am. In the mail today 10/31/15 I recieved a parking ticket which was issued at 12:45 pm on 10/1, the day it was stolen. The officer clearly did not run the...

    Allan’s Answer

    Running plates prior to issuing a parking ticket may be discretionary. Also a report of a stolen vehicle is a factor to consider but alone does not establish that a vehicle is stolen. You can go to court and explain to the judge that your vehicle was stolen and that the ticket was issued while you were not in possession of the vehicle. If you have a copy of a police report showing your report then you can submit that as evidence.

    See question 
  • Separated from a common law wife, one child together, is it better to meet with a mediator or hire a lawyer for full custody?

    She's suggesting to go to a mediator, but I would like to be able to have full custody as she would too. She has three kids from previous marriages, and is collecting child support on two, does she have a right to claim child support from me as we...

    Allan’s Answer

    You have a complicated situation and should consult with an attorney. However generally you will be financially responsible as a noncustodial parent for a child that you share with your ex and not for children who have other fathers unless you adopted them. There are many factors that go into a custody determination. The court will look more at who has been the primary caregiver for the child than who has been providing financial support.

    See question 
  • I am scheduled for mediation in December regarding final court orders.

    Unfortunately, I can longer afford my attorney and am in need for legal advise. I need to know what right I have now starting with a court appointed or legal aide attorny to continue where my previous lawyer left off in my child custody case

    Allan’s Answer

    In civil legal cases, there is no right to an attorney free of charge as there is when a criminal defendant. However, if you meet income eligibility guidelines, you may qualify for free legal assistance through your local legal services organization.

    See question 
  • What exactly is a court ordered mediation

    I was given notice that I need to attend this. I believe it to be two parties discussing a situation in the presence of a mediator, but is it just that simple?

    Allan’s Answer

    A mediator is a neutral person who helps both parties come to agreement. On the other hand, a lawyer represents the interests of one party. You can use the services of either or both. When mediation is court-ordered, the court requires that the parties make an attempt at reaching agreement through mediation. The attempt is not always successful. If you have a fairly amicable relationship with the other party, mediation is often the preferred route as you can reach a decision that will work best for both of you, often at a substantially lower cost. If you have an adversarial relationship, mediation may not work as well. Another option is for each party to be represented by an attorney in mediation.

    See question 
  • Can I use a mediator for my divorce?

    What is the difference between mediator and lawyer, in what case do I need any one of them and where do I get a mediator in case I don't need a lawyer, thank you.

    Allan’s Answer

    A mediator is a neutral person who helps both parties come to agreement. A lawyer represents the interests of one party. You can use the services of either or both. If you have a fairly amicable relationship with the other party, mediation is often the preferred route as you can reach a decision that will work best for both of you, often at a substantially lower cost. If you have an adversarial relationship, mediation may not work as well. Another option is for each party to be represented by an attorney in mediation.

    See question 
  • Is divorce mediation a good choice for me?

    During my 14 year marriage, I have frequently felt bullied, coerced and manipulated by my husband. Losing his teaching career due to inappropriate relationship with a student and all of the consequences is my limit. I want out. We both want an ami...

    Allan’s Answer

    If you have felt bullied, coerced and intimidated for 14 years, then it is unlikely that the dynamic would change in mediation therefore your case may not be appropriate. However, you might attempt collaborative divorce where you mediate with the assistance of attorneys. In that way, you have the opportunity to reach agreement with the assistance of someone who will provide you with relevant information and protect your interests.

    See question 
  • What evidence is allowable in mediation?

    I am representing myself as the petitioner in an upcoming modification of custody case. I am wondering what exactly I'm allowed to present to the mediator? It is my understand that they will review the motion and any supplemental declarations. I h...

    Allan’s Answer

    You can present any evidence to the mediator. If your babysitters have relevant information, they could provide a statement for the mediator or speak with the mediator or possibly provide their information at a mediation. However if the matter is not resolved through mediation, the babysitters would have to testify in court. Parties have the right to cross examination and a notarized statement can not be cross examined.

    See question 
  • If the other party violates a mediation agreement, is the agreement terminated?

    I have a mediation agreement with someone, agreeing not to contact each other. The person broke the mediation agreement by excessively contacting me. I do not want any monetary compensation for breach of contract and I already have a restraining o...

    Allan’s Answer

    An attorney would need to review the agreement to answer your question. However, usually violation of an agreement does not negate the agreement. It simply gives the other party to the agreement legal recourse. If the agreement was incorporated into a court order, then the breaching party could be held in contempt of court. If the agreement was not, then the non-breaching party may have civil contractual remedies. You should not violate the agreement simply because you believe that the opposing party has done so.

    See question