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Ryan Harrison James

Ryan James’s Answers

29 total

  • Is being falsely accused of being drunk at an internship defamation?

    My boyfriend was falsely accused of being drunk on site of his internship. After 7 hours of working at his internship site he was told to go home because they suspected he was drunk. He left the site and it was proven that he wasn't drunk or even ...

    Ryan’s Answer

    Your boyfriend may have a claim. If a person defames another regarding business misconduct, that is what the law recognizes as slander per se (if the statement is oral) and that is an actionable claim. Also, your boyfriend may want to explore with an attorney whether he has a claim for the tort called "False Light.".

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  • How do i go about it?

    i have a son with a women, she doesnt want anything from me, wants me to go away and does not want me in the childs life and the child in my life and tells him her husband is the father is there a way in the event i die that i could have the chil...

    Ryan’s Answer

    You can either file a Paternity Action with the Family Court in Allegheny County or you can file an Acknowledgement of Paternity form with the Department of Public Welfare. Before doing so, you should consult with an attorney, particularly if you are considering filing the Acknowledgement form. These are ways you can begin to ensure your child knows you while you're alive. But, additionally, as Attorney Fromm suggested, you may also take the route of providing for your child at death through the use of a will or trust. Whatever course you take, weigh your options carefully with an attorney. Best wishes.

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  • In PA can a landlord evict you for absolutely no reason?

    I sent a letter about a security issue in my building, and I received a letter telling that they expect me to leave in 60 days. The situation was already resolved but I got a letter anyway.

    Ryan’s Answer

    I would recommend sitting down with an attorney to review your lease agreement. A lease is interpreted the same way as a contract. In this case, from the facts you presented, it appears you bargained to rent a place until April 2013. If you have not have breached any terms of the lease agreement, you are entitled to the benefit of your bargain under the lease agreement. The nature of your remedies are fact specific. Also, it seems as if there is a potential retaliation issue at play here, and the law does not look favorably upon tenants who are retaliated against for asserting their rights. I reemphasize: see a lawyer about this because you won't be able to get a clear answer until a lawyer can review your agreement and get all of the facts.

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  • CAN YOU DO A PRO SE FOR A REDUCTION IN SENTENCE ONLY WITH OUT GETTING MORE TIME

    NO CRIMINAL HISTORY WAS DONE AT SENTENSING, THE LAWYER DID NOT KNOW HOW FAYETTE CO REQUIRED THE MOTION FOR WITHDRAW SO OUR 10 DAYS LAPSED AND MY HUSBAND COULD'NT GET A PD .THEY CHARGED HIM WITH20 OXYCODONE PILL BY GRAM =2.6 THE WHOLE PILL I...

    Ryan’s Answer

    I take no pleasure in being the bearer of bad news, but it will be difficult to get a step-by-step legal guide to work your way out of this problem through the Avvo Question and Answer forum. Anyone can proceed "pro se," but from what you have described as the facts surrounding your husband's case, your husband would be best served to have counsel on his side. Just going off what you said, your husband may want to consider filing a Post-Conviction Relief appeal.

    I hope that this is a start. I am sorry that there is not more that I can tell you.

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  • So I got my first DUI, I am still waiting on my paper wrk. Not sure of my bal, think i should still get a lawyer?

    Not sure of my bal yet. Never got in trouble before so I don't know if I should get a lawyer. Im just freaking out about everything. Please give me some advice. Also I cant afford to spend a ton of money on the lawyer do any of them take payment p...

    Ryan’s Answer

    I agree with what everyone has said. As a first time offender your may be eligible for the Accelerated Rehabilitative Disposition (ARD) probation program, so your attorney will definitely want to start there. But going that route should not be the only option. I agree with my colleague's assessment that your attorney should press for every advantage, perhaps even challenging the traffic stop. You won't be able to get much in the way of a "How To Fight a DUI" education on Avvo because of the specific facts of your case are important, and you should only divulge those details in a private consultation with an attorney.

    On another matter, if you are anxious for your paperwork, Pennsylvania's Unified Judiciary website, http://ujsportal.pacourts.us, may be useful to track your case information before you receive it in the mail. That site is available to the public to access criminal dockets by county.

    Best wishes in handling this matter.

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  • I got caught driving under a suspended license?

    it was in md im from pa

    Ryan’s Answer

    You may want to talk with an attorney. PennDot will likely be notified, and seeing that you were driving through PA to get to Maryland on a suspended license, you may be charged here. Accumulating numerous charges of driving on a suspended license carries significant mandatory penalties, including jail time.

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  • Can a State Trooper pull you over and demand you to bring someone who deals drugs in exchange for arresting you?

    Brother was pulled over, then told he would be arrested and brought to jail, unless he brought someone he knew was a drug dealer, or someone in possession of drugs to the gas station. The officer would apparently "handle the rest."

    Ryan’s Answer

    Your brother should contact an attorney. When the police pull someone over, at a minimum the law requires that the police have reasonable suspicion that the driver was breaking the law. Although it does not take much for the police to justify a traffic stop, the police may not arbitrarily stop someone and arrest them to use as a "bargaining chip" of sorts. Moreover, before the police can arrest someone, they must have probable cause that the person arrested committed a crime.

    These matters are fact intensive, and, again, your brother should speak with a criminal defense attorney who may be able to challenge the arrest. Best wishes.

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  • Can I legally be evicted without any notice?

    I moved in with a girlfriend about a month two months ago. She rents a place from her landlord and her name is the only name on the lease. The landlord was aware that i would be moving into the apartment with my girlfriend. He didnt have any probl...

    Ryan’s Answer

    Assuming you acquired any rights as a tenant in your brief stay with your girlfriend, the fact that you do not have a signed lease agreement for a specified term puts you in the category of having either a tenancy at will or a periodic tenancy. In either case, if the landlord provided you with a Notice to Quit, as is required by the Landlord Tenant Act, 68 P.S. §§ 250.101-250.602, then his actions are proper and you will be required to leave.

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  • My ex boyfriend was a corporate lawyer and assaulted me. he said if you tell anyone i will put a contract out on you. should i

    should i be concerned

    Ryan’s Answer

    I agree with what everyone has said. You should be concerned, and you should call the police. Further, depending on the nature of your relationship with your ex, you may want to consider getting a Protection From Abuse (PFA) order against him. There is no cost to do so, and you should contact a domestic-abuse hotline to determine where your "Night Court" is in your county to get a PFA immediately. Also, you may want to consider reporting your ex to the Pennsylvania Attorney Disciplinary Board. Do not take this threat lightly!

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  • How do I evict an incompatible roommate in PA ?

    I have a roommate that I would like to evict. There is no specific reason as defined by PA law (late rent, destruction, not following rules). I simply do not want/need a roommate. Is it possible to evict without specific cause?

    Ryan’s Answer

    I agree with Attorney Rick that more facts would be helpful. But absent you being the landlord of the property, you may not disturb your roommate's (co-tenant's) right to the possession and enjoyment of the premises. If your roommate also signed on to the lease for a term, he/she has just as much right to the use and enjoyment of the property as you do. That is why it is important before entering any lease with a co-tenant that you are comfortable living with them and you share a mutual understanding as to how the property is to be used. I hope that you can work things out with your roommate.

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