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Joseph Abraham Bahgat

Joseph Bahgat’s Answers

37 total

  • I'm worried to death about a child porn issue. Will I get into trouble for simply viewing an advertisement or link?

    I myself am a minor. Being really stupid of myself, I watched pornography. I made sure each site I visited said that all actors were above 18+. Many were 3rd party sites with links and I did my best to make sure I stayed on law USC 5227 (I think t...

    Joseph’s Answer

    The problem with viewing images and videos on Internet sites is that each page/image/video you visit or view leaves behind a little trace of itself. Even streaming video will download a portion of the viewed file. Whether those traces or "cookies" can be enough to get you in trouble is another question entirely. Where you're bound to run into problems, though, is when there is evidence that you were actively searching for unlawful media (e.g. kiddie porn). Combining the two could land you in a heap of trouble, depending on the laws of your state, and the kind of material you were viewing.

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  • I blocked my niece on Facebook and she went throw another persons page to contact me and to make threats can I file for harress

    She is doing this because we kicked her out cause off drugs

    Joseph’s Answer

    What is your objective? To prove a point? To get your niece in (further) trouble, or possibly into jail? Or to get a money judgment against a homeless junkie who is unlikely to have any money or assets from which you can levy such judgment? It doesn't sound like you're in any kind of danger; if I were in your shoes I would report the unwelcome communication to Facebook, and let them handle it in whatever way they see fit.

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  • Can someone Defame the character /reputation of an association, thru social media? And or thru public means.

    We are a local community association, with a good working relationship with the township, and the officials. As of late, our visibility has increased due to an organized effort with the community and township to gain awareness of a major issue th...

    Joseph’s Answer

    To add to what my colleagues have already stated, it sounds like your organization would be considered a "public figure" for purposes of defamation liability, and because of that, the burden of proof is higher: You would have to show, not only that the defamatory statements were false, but also that the individuals that made the statements acted with malice, which is a pretty high standard.

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  • Do I have any recourse with a website ?

    I own a liquor business. One of my beer salesmen dropped off business cards for a dating website. The cards were passed out to my customers. Yesterday I found out from one of my bartenders that some of my customers logged in and found a profile ...

    Joseph’s Answer

    I agree with my colleagues that you should try to resolve this directly with the salesman. Even though you may have a basis for legal recourse against the individual who posted your profile without your authorization, litigating that issue won't be simple, and certainly won't be cheap.

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  • Live in NJ, small claim filed against me from Pinellas County Florida. Do they have jurisdiction, do I have to attend?

    Rented car, provided insurance info, business owner is trying to come directly after me rather than submit claim to insurance. This is 100% fraudulent claim , claims front end damage to struts, shocks that I hit something, yet perfect tire and rim...

    Joseph’s Answer

    • Selected as best answer

    It's unlikely from the facts you presented that the Florida court has jurisdiction over you, but there are other factors that could suggest otherwise. Nonetheless, I've seen so many people get tripped up by trying to do something so simple as sending a letter to a court in response to a frivolous lawsuit. I have one former client who essentially did the same thing you did, and then got hit with a $50,000 default judgment against her.

    You should have sent the court a motion to dismiss for lack of personal jurisdiction. You should hope that the letter you sent in response to the complaint is not converted into an "answer," which would probably waive the personal jurisdiction argument/defense. Jurisdictional arguments are purely legal/technical, and accordingly are best left to an attorney.

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  • What are my options for dealing with a man who has been harassing me via phone and posting my number on Craigslist ?

    A man I do not know began annoying me by mobile. He made a vague threat to me then posted a fake ad on Craigslist with my number that has caused me to be bombarded with calls and texts. What are my options on what to do about it? I do not want to ...

    Joseph’s Answer

    You may be able to file for an order of protection and/or file a criminal complaint for harassment. Your options will vary depending on the laws in your jurisdiction.

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  • I'm an amateur porn producer. What health and safety guidelines must I follow when hiring talent?

    I visited a website called startmyporncompany.com and on the top right corner of the page there is a tab labeled "the porn primer". In that section of the website it states all the paperwork I would need to avoid legal issues before I start my adu...

    Joseph’s Answer

    And don't forget to make sure you have plenty of insurance coverage, for the business, as well as a high-limit personal umbrella policy.

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  • Can nj restraining order be served by certified mail in ny?

    if you haven not acknowledged or sign it and mail goes back to the court can you ne held accountable somehow? thanks in advance

    Joseph’s Answer

    You haven't said what kind of restraining order is at issue, which court entered it, etc. If the order is to be served out of state, as you said, something else I would look into is whether the NJ court that entered the order has jurisdiction over the party being restrained.

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  • My friend engaged in typed out sexual roleplay and exchanged nude pics with a willing girl who claimed to be 18 but may be 16.

    Okay. A very close friend of mine with NO criminal record is scared he's going to prison. Basically, he's a member of this art site where artists can post work and rate and review. Due to the high level of mature content featured ALL users MUST be...

    Joseph’s Answer

    I don't disagree with my colleagues, but speaking for myself, as an Internet lawyer I routinely handle criminal cases with circumstances such as these. In my experience, the really good criminal defense attorneys don't necessarily have the technological acumen that's needed to effectively defend clients in cases like this. The reason for that is that criminal statutes are very technical, and the more you know about the way computers transmit and process data over the Internet, the better off you'll be when arguing to a prosecutor or judge that the state can't prove all the elements of the crime charged.

    To make matters even more complicated concerning your "friend," the fact that the communications took place across state lines means that either state's laws could apply, not to mention federal law as well.

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  • Can a little league association which uses public property charge fees for playing baseball games

    a local little league recently made a deal with our village mayor unbeknownst to other officials on the mayors board to charge an astronomical fee for playing on said field, that fee is 100 dollars per game. this is being conveyed to prospective t...

    Joseph’s Answer

    Fishy or not, just because little leagues have been allowed to use the field for 50+ years doesn't mean that the municipality can't implement a fee schedule. Also, the fact that it's public property doesn't preclude charging a fee to use it—e.g., last i checked, they charge fees to go to any public swimming pool. In addition, the little league teams aren't just using the field, they are using it exclusively, which means that they are excluding any members of the general public who would want to use the field at the same time.

    I'm not saying you shouldn't look into it further, just that you should tread lightly at first. You won't make any friends in city hall if you march down there and start slinging accusations along with your OPRA requests.

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