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Rixon Charles Rafter III

Rixon Rafter’s Answers

23,412 total

  • How do i modify a birth certificate to add child's father without going to court

    my 1st husband and i were in the middle of divorce i became pregnant with my 2nd child by my current husband. my divorce lawyer knew i was pregnant by someone other then my husband and they did not inform me that my child's father would not be ab...

    Rixon’s Answer

    You cannot. You must go to court as a court order is required. No short cuts I am afraid to report.

    As a general rule in VA, for a child conceived during a marriage, the law presumes the husband at the time is the legal father.

    Odd, your ex was unaware of the pregnancy--it suggests that he may have believed himself the father which raises other questions about condonation.

    Best if you speak to a family law attorney in your area about all the details.

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  • I bout a truck from my boss, he gave me a bill of sale,my question is can he take the truck from me for any reason?

    I bout truk for $500, he made bill of sail to my girl friend, I was the witness, at the time he did have tital, I got him paper work so he could send off for a lost tital,& i think he did.

    Rixon’s Answer

    As a general rule, one cannot sell something he does not own. A seller who does not have the title cannot sell the vehicle. If the Bill of Sale shows your girlfriend as the owner, that is certainly some evidence that you have nothing to do with the car and no interest in it.

    The true owner might be able to take the vehicle in a legal action, if it turns out the boss did not actually own it.

    Is the title clean? Salavage title? When did this all happen? Last week? Two months ago?

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  • Cell phones 4th amendment rights issue.

    I work for a law enforcement agency that just created a policy stating our personal cell phones can be looked at with out notice or search warrant. If those cell phones are used for any type of work use. So with that officers decided to not brin...

    Rixon’s Answer

    Certainly not entrapment. Entrapment is a act whereby thegovernment induces one to commit a criminal offense that the person would have otherwise have been unlikely to commit.

    Certainly sounds like the left hand does not know what the right hand is doing at your agency and management needs to get its ducks in a row.

    Where is the Police Officers Association falling on this organziational SNAFU?

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  • Is it legal to submit a mail-in rebate on behalf of someone else?

    For example, person 1 buys an item from company X. Person 1 then, obtains all necessary proof-of-purchase information, then forwards it on to person 2. Person two submits the rebate to company X on person 1's behalf. Is this legally okay to do? I...

    Rixon’s Answer

    What do you mean 'submit'. Drop in the mail? No problem.

    Whether or not consent would be required likely is a function of what person 1 intends to do about it, and who or what entity would be requiring documentation.

    Looking to sue? If so, person 2 would be better protected with some kind of written agreement in place.

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  • A cop directing traffic was not wearing a badge, or name tag directing traffic, and demanded my ID. Do I have to show him ID?

    I was picking up kids at a school game, and my traffic line was held up by cop directing traffic. as I was coming into parking lot, he beat on my window demanding ID. i asked if he was police, and I needed some proof, and why did he want to see it...

    Rixon’s Answer

    No the principal cannot help you.

    What should you have done? You should have saved your objections to the officers requests for the judge. It is not the officer's job to hop to your demands and the result is an arrest warrant. Now you have complicating matters to handle, in addition to whatever infraction the officer want Virginia law enforecment officer who demands it on the roads in Virginia. Failure to do so may result in a misdemeanor charge.

    You MAY have a defense, or at least mitigating circumstances, if the officer could not properly identify him/herself sufficiently to prove who he or she was. The court will determine the strength of your defense. Might be worth contacting a traffic law attorney in your area. Good luck to you.

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  • Does yelling at officers while cuffed constitute assault on a government official? Their video is missing....What are my chances

    I have video on my cell from the initial stop where i was arrested for profanity on a highway. It shows that i was frustrated but in no way aggressive and their dash cam video and jail booking video is missing

    Rixon’s Answer

    Really? You want an assessment of your chances, based on a one sentence description of events that is missing most of the relevant facts.

    We're lawyers, not bookies. Only with ALL the facts, ALL the circumstances, and ALL the documents can an attorney make a reasonable assessment of your "chances" to beat the case. Even then, nothing is guaranteed.

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  • It is legal that my attorney to not give to the expert witness all the evidence/medical letters & records for review?

    My attorney did not give to the expert witness, whom he chose, all the evidence/medical letters & records for review. My attorney hand-picked the evidence that he gave to the medical expert witness with exclusion to the evidence that I provided h...

    Rixon’s Answer

    Eight times out of ten, non lawyers do not understand what is going on in their own cases--that means that most of the time, in a post such as yours, the information provided is incomplete, and misaligned with the actual situation. No way to tell if you have an issue at all. If you do not trust your attorney, speak to him and if unsatisfied with the answer, consider firing him and hiring a new one.

    FWIW, Let the opposing side poke holes in your lawyers case, if you want to advocate for the other side, help them to beat you in court, tell your attorney so he can drop you as a client.

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  • I need help to draw a motion to dismiss without prejudice on a FDCPA case. Precarious situation.

    I would like to express that I gave this relationship a chance after the attorney I retained admitted in an email he did even look at my documents with 0 communication for 3 months after retaining him. Admitting he did not remember our initial c...

    Rixon’s Answer

    Why don't you just hire a new attorney? An attorney helping you with a motion riskes establishment of attroney-client relationship and there are a LOT of duties and responsibilities that bears. YOu might be able to find an attorney to do unbundled services for you (piecework), but since its not worth an attorneys time relative to what he or she must invest, its not likely. To find such an attorney, you can't use this site--it would be unethical for an attorney to offer to help you here. You can find an attorney in your area using Google, or the 'find a lawyer' tab at the top of this page, or by calling your state or county bar association and requesting a referral.

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