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Robert Edward Fenster

Robert Fenster’s Answers

638 total


  • I have to go to united stated district court for obstruction of mail if i plead guilty what will happen

    i am scared..

    Robert’s Answer

    You should be scared. I never recommend that anyone plead "guilty" without an attorney representing them. Perhaps a plea bargain can be worked out. Do not discuss this with ANYONE. See an attorney Monday morning!

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  • Does "costs" include "attorney's fees"?

    The complaint in this civil action has an untitled cause of action that says that defendants are withholding property that belongs to plaintiffs. It also says that defendants have a "fiduciary and contractual duty" to return the property. It dem...

    Robert’s Answer

    Attorney fee awards in Florida must be permissible by statute or contract. Costs as you explained here, likely would not include fees. However, I would need to read the complaint and underlying documents to give a more certain answer.

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  • Can I sue the state for sentencing me twice for the same crime two sentences on one docket number

    after being released from jail I reviewed my case and realize that I was getting messed over by the legal system they made it seem like I was on probation when in all reality I was not on probation I was released from probation and my sentence fro...

    Robert’s Answer

    Consult with a criminal lawyer Monday morning.

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  • I have a traffic ticket and I wasn't the driver, can I get this corrected or is it too late?

    I received a 2nd degree negligent driving ticket. I was not the driver, but was forced by the actual driver to get in the drivers seat and say I was driving. I have since achieved safety from the driver and would like to go back and try to have th...

    Robert’s Answer

    You need to discuss this in private with a criminal law attorney. You have already admitted to one crime and possibly a violation of the law for all the world to see.

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  • Wrongful termination inquiry

    Hello, I was recently a supervisor at my job. Due to personal reasons, I stepped down from my position. Before beginning at my new position, I sat down with my manager to discuss my new wages. I explained that one place was offering me x amount of...

    Robert’s Answer

    None, unless you had an employment contract or were discriminated against. In Florida, you can be fired for any reason at all at any time, unless your rights would be violated.

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  • I obtained a FL drivers license at the age of 14 by lying about my age because I needed a drivers license to obtain a job.

    I have no violations listed with the DMV over my 60 years of driving. It's time to renew my license but I need to show my birth certificate, per a recent FL law. I was born in FL, graduated high school in FL, served honorable in the armed forces, ...

    Robert’s Answer

    Get advice from an attorney who specializes in traffic ticket law. You may have nothing to worry about or this may be a simple matter that can be resolved very quickly.

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  • Is it be appropriate to talk to the lead counsel in a law firm when you are dissatisfied with subordinate attorneys performance

    I have a attorney but I feel like she is not pursuing my case according to my wishes. She is a lower level attorney in a firm and hasn't filed the appropriate motions to best defend me. This is for a contempt/custody case. I have requested several...

    Robert’s Answer

    No attorney can force the opposition to comply. Sometimes that attorney can get the opponent to pay the attorney fee and costs as a result of the noncompliance. Being fully prepared for trial six months out is NOT the norm, especially when there has been non-compliance.

    Emails are a terrible way to communicate with a lawyer for matters of importance such as strategy. Schedule an appointment to meet with her in her office for 15-20 minutes to meet face to face. If her explanations and abilities seem inadequate and your expectations are not unreasonable, then ask someone else in the firm to transfer the case or hire someone from outside the firm. The latter would probably be better, all things considered.

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  • Rules about Non-Recourse & Recourse States.

    My father had a home foreclosed on in Georgia, and recently relocated to Arizona. Can the mortgage company go after him for deficiency judgement? I was told that Arizona was a "non-recourse" state, however I don't really know what that means.

    Robert’s Answer

    Seems like it means the right of the mortgage holder to collect arrears and deficiency against the former owner. The law that will grant or deny this right will be the law of the state where the property was or by the terms of the mortgage. Depending on the situation, a strategic bankruptcy may need to be planned for and implemented lawfully.

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  • Can the Board of a Church which has been suiid for not performing their fiduciary duties, uses Churches funds for legal bills ?

    Two temporary injunctions were imposed on the pastor and the board of our church. The Pastor for stealing funds and the Board for looking the other way. The Board continues to utilize the churches funds to pay their lawyer who sees this as a gravy...

    Robert’s Answer

    Ah, religous organizational politics and strife...

    Wasn't the church insured for loss of funds? Isn't the Board covered for director's errors and omissions insurance? If so, insurance is probably paying, except for any deductible. If the claims prove to be unfounded, why shouldn't the church pay the bills?

    Seems like those who want to pursue the Board need an injunction. They will have to prove a very high likelihood of success in order for the injunction to be granted. Why not use the church's bylaws to remove all of them from office ASAP, then elect new Directors who will control the church's money and rid itself of the alleged thief priest?

    Often, the cost of pursuing clergy and board members does more destruction to the congregation than the alleged theft and negligence. Sometimes, "sweeping things under the rug" and moving on are not "right", but are healthier for the congregation, which divides itself rather than remains unified.

    How much is involved and what portion of the annual budget does the amount represent?

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  • Can a landlord take a tenants entire security deposit and the landlord is renovating/upgrading/remodeling the resident?

    The landlord stated that I would receive my deposit back of $950 minus the $25 fee for the hole in wall. But if the landlord is having the building remodeled/upgraded/renovated. Also gave the residents permission to opt out of the lease with no pe...

    Robert’s Answer

    . If you are being charged for the carpet for stains that occurred while you were in possession, you are responsible for them. If all that you are being charged is $25, move on. Consider yourself very lucky. It won't be worth fighting over beyond perhaps a letter and a phone call.

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