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Theodore W. Robinson

Theodore Robinson’s Answers

5,214 total


  • How long can they hold someone in jail on a investion hold arrest type? if charges are already listed in you booking reports

    investigation holds was arrested for dwls/r. Jail roster and the booking reports show the same charges and yet they arrested him by pulling him over yet instead traffic arrest it became an investigated hold arrest. so why and for how long can they...

    Theodore’s Answer

    Normally you can be held for 72 hours without a formal arrest. However, if there is a booking report, then it would appear that they've already made an arrest and you should be in front of a Judge so that bail/bond can be set.

    Contact a local attorney and have them investigate. If necessary, a Habeas Corpus can be used to extricate the person from jail, but that usually causes the police to make the arrest in a shorter time than they want, which, in some cases can be helpful later.

    Good luck.

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  • Can I have someone arrest 2 years later for theft

    my daughter and her husband separated after she found he cheated on her, she gave me her rings to hold. he was in my house to get some of his stuff. I went to show the wedding set to my other daughter and I could not find them, I knew he took them...

    Theodore’s Answer

    As long as the theft happened within the Statute of Limitations (which my colleague says is 5 years - probably on a felony only, which is determined by the value of the property stolen being over a set limit) then you are free to make a Complaint to the prosecutor asking him/her to arrest the perpetrator.

    However, since 2 years have already passed and the proof you claim to have is circumstantial and not as clear as most prosecutors like to have before starting a criminal proceeding, it is unlikely the prosecutor will comply with your request. Good luck nonetheless.

    You could sue him civilly for the loss of value to the rings since they were destroyed, but that means you'd need an attorney to assist you, unless it can be done in Small Claims Court.

    Good luck.

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  • I shoplifted for the1st time, I think it was over $100. I'm an adult. About how much will the fee be @ do I need lawyer/attorney

    I confessed to the crime at the store with the police present. I took it. I also broke some thing, in order to take it. I asked for forgiveness, It was stupid@ I was greedy. I also think I have a problem @ need help. I am afraid for the future. I ...

    Theodore’s Answer

    It sounds like you may be young and you've made a mistake - well, a few mistakes, but all part of the same incident. You need to see an experienced and compassionate criminal defense attorney who will also refer you to a psychologist/psychiatrist who can assist you in overcoming this type of aberrant behavior. I've seen this type of thing before and you definitely can work it out - with professional help.

    The lawyer will more than likely work the criminal matter out for you since it is a first offense, but you still need to use this experience as an incentive to work out the underlying emotional/psychological issue so it doesn't happen again.

    Good luck.

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  • I made a loan to a start up company. The owner just sold the company to himself saying that cancels the loan to me. True?

    The loan is past due. No repayments, interest or late fees have been paid on the loan. The sales price was very low and I am offered a portion of this. (There is one other investor). This is less than 10% of what I am owed. The company is sti...

    Theodore’s Answer

    Of course not! If he sold his business to himself, he is then responsible since he took over all the assets and liabilities of the company - and your loan is a liability of the company - so now it is his liability.

    Speak to a business attorney.

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  • I'm separated with my husband almost a month now his not giving any support for our son, what are my rights?

    We left my husband due to he doesn't give us time and because of that argument he physical abuse me and threatened my life.i didnt call for any police for that but my inlaws who tolerates him saw everything.I never filed a divorce yet because I'm ...

    Theodore’s Answer

    • Selected as best answer

    While I don't practice in Hawaii, most states are pretty similar about child support and maintenance (alimony) - even if only temporary in nature. If you left him and he refuses to support you and your child, you should go to Family Court and file a Petition for support for the two of you. The Court will review all the papers and make a decision which will usually be to provide you with some sort of support until the two of you either get back together or divorce. Either way, he has a responsibility to support his child and his family does not get to make that decision alone. Let the Court's make it for the two of you.

    Speak to a local Divorce attorney to see more about your rights.

    Good luck.

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  • My divorce papers say nothing about when child support ends. does it end when the child graduates?

    It says I have to share college costs also, does that mean a third? If child is 17 when they graduate, am I required to pay child support AND college costs? until they are 18? How do I find out when child support ends?

    Theodore’s Answer

    It will largely depend upon how any settlement Agreement reads or how a Divorce Decree reads. If there is a question because this issue hasn't been completely addressed within either of those documents (because not all Divorces settle) then you may have to go back to Court to make an application to stop paying child support because your child has graduated, is working full time or reached the age of 18 or up to age 22 if s/he is in college full time.

    As for college tuition, each state is slightly different, but many times both college tuition as well as child support can be due because the child has to have some place to live when s/he returns home during the summers and vacations. However, many times those amounts are reduced, especially if the child's room and board are part of your college tuition expenditures.

    Speak to a Divorce attorney about this important issue.

    Good luck.

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  • Father demands visitation with 5yr old daughter after no contact with her in past 3 years

    Divorce degree was granted in TX. Mother and child currently reside in IN while father lives in WA. Mother has physical custody and father has visitation. Mother knows nothing about fathers circumstances, ie address, employment for past 3 yrs....

    Theodore’s Answer

    • Selected as best answer

    If you live in IN for more than 6 months, then IN has jurisdiction over this matter. If the father wants visitation and the child is only 5 years old, he may have to travel to IN instead of expecting the child to travel to his residence - especially since he hasn't seen the child in 3 years. It's unlikely the child even knows the father at this point. He will have to file a Modification Petition in WA which will be returnable in IN and you will have to respond in IN and then the IN Magistrate or judge will make a decision regarding visitation for the child. Noramlly, such visitation will be limited until the child is older and it should remain in IN rather than the child traveling to WA. Since he moved in the other direction, then it is his obligation to travel to see a child of such tender years. By the way, has he been supporting the child all this time or not? That will also play a part in the overall determination of the Court. You may want to make a counter-Petition seeking child support at a higher amount at this point, even if he has been supporting the child if either or both of your circumstances have substantially changed.

    Good luck to all three of you.

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  • My brother-in-law commit suicide, and shot his wife. How do we regain our personal property from the estate that he borrowed?

    We have contacted the attorney representing the estate, and is not responding. What should be our next step.

    Theodore’s Answer

    Unfortunately, if the attorney is not responding to your letters or telephone calls, then you should send him/her a letter addressing that issue at first. Most states Canons of Ethics require attorneys to respond to legitimate inquiries within a reasonable period of time. You didn't mention whether you had called or written, so my advice is to write the attorney a letter asking for a response within a week and if s/he fails to respond, then send a letter advising that you will go to the Grievance Committee of the Bar Association seeking their intervention. That usually gets an attorney's attention pretty quickly.

    As for getting back items that were borrowed, that's a hard thing to prove since any statements made by a dead person claiming they'll bring something back, etc. are not available in a legal suit. It's called the Dead Man's Statute and precludes such statements. Meanwhile, if the family knows you're not going to stand idly by and leave it be, they may want to return the items voluntarily.

    Good luck.

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  • I've had threats made against my life. Is there any difference in the way the threat was made?

    I feel at risk for bodily harm or worse, and immediately reported this to the police after it happened. They said it makes a difference in the way it was worded. And because of that, no action was taken. I was told there is a difference in the wo...

    Theodore’s Answer

    Unfortunately, it can make a difference. It seems the person who said the words intended to threaten you, but said it in such a way as to avoid prosecution because it could be construed another way than just as a threat. However, if you feel like you've been threatened, you should speak to the Prosecutor in your local area and see if they concur with you. If they do, they'll seek an Order of Protection for you to stop person from speaking or communicating with you. If they even speak to you or communicate with you, then they can be arrested. That may give you some measure of comfort.

    Good luck.

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  • Victims rights

    I have a friend wanting to come forward about a sexual assault that happened to her as child. She is scared to death to testify. She suffers from severe anxiety when it comes to this and talking in front of a group of people. Does she have the ri...

    Theodore’s Answer

    First, there is a threshold problem with these type of cases. How old is she? How far past majority has she gone? In other words, is she over 18 and if so, by how much? There is a statute of limitations that is tolled until the child turns 18 that then begins to run in most states (I believe all states, but I haven't checked) and it is usually 5 years on a felony, but again, I am not sure of it in Maine. She should speak to the prosecutor and find out if the statute is still alive and then not be afraid to tell the truth - no matter how many people are there. She needs to get some closure on this topic for herself and by testifying and bringing the individual to justice, it will help her. It may be challenging for her, but once she does it, she'll feel much better that she did something and wasn't just a victim.

    Good luck to her.

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