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John A. Fischer

John Fischer’s Answers

26 total

  • What is my next step?

    I found out someone opened a trade account in my name and am dealing with that but the bank that the account was opened at and their attorney wants to pursue me criminally for this! Some checks were deposited in my name in the amount of 14 grand ...

    John’s Answer

    It sounds like this is a mess, and it's not your fault. The bank knows better. It sounds as though you have been the victim of identity theft. The bank cannot pursue you for this. You should contact an attorney to help sort this out -- especially if there is a threat of criminal action being filed. I would be happy to speak with you regarding this matter.

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  • If my daughter, signs rights over of her children to Children Services, does that mean they can hold her accountable for charges

    I want to know because C.S. has told her a bunch of stuff and her public defender told her she could see her kids after the C.S. was out of it. With the family members that have them. Is this true.

    John’s Answer

    You need to provide more information here. What do you mean by signing over her rights? Do you mean that she is signing over rights and CS is taking permanent custody? Or is she consenting to legal custody to a family member? If she signs over her rights and CS takes permanent custody, then her parental rights are severed, and she has no right to see the children. If the family members who get custody wish her to see the kids, then (unless the court orders otherwise), they can do so. Please consult an attorney as soon as possible (or work with the attorney that has been appointed), because these issues are not simple to sort through by yourself.

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  • I opened 2 credit cards using my friend's identity.

    I opened 2 credit cards using my friend's information. she found out about it. we spoke and decided not to go to police. we need help to talk to banks so they can transfer responsibility on me and clear her credit history. I will pay all the amoun...

    John’s Answer

    I agree with the other answer on this question. The banks could report you. They do not have to work with you. Be careful how you proceed here. I suggest consulting a local attorney to help you out.

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  • Can I get into trouble if I texted my boyfriend to try and steal meds from a pharmacy he worked for & he did and got caught?

    The Dea had been watching him in which I did not know... He evidently had been stealing and selling and they are investigating trafficking which I had no knowledge of until he was caught. I have never sold or bought illegal drugs and know none of ...

    John’s Answer

    Seek an attorney immediately. Although what you describe is not clear, it sounds as though you may have some incriminating information in those text messages. You could be charged if the prosecutor wants to pursue you, but it is not clear from what you describe here.

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  • Is a warrantless search of my company provided cell phone legal?

    My husband is on probation. His phone was taken on the basis he had no permission to have a camera in it. He did have permission which was later verified. After finding he had permission for the camera they then changed the reason for taking it, s...

    John’s Answer

    I need more information. First, you say it is a company-provided cell phone. Is this your employer who provided it? If so, you and your husband would have no expectation of privacy in it. Second, is the use of the phone part of his probation? If so, then you would need to consult the terms of that probation to see what can or cannot be done. I would suggest that you consult a local attorney to sort this out.

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  • Is there an invasion of privacy for someone reading your private facebook email messages on a public computer?

    At work I had my personal facebook acct open... I was on Facebook and closed the browser and to my knowledge I wasnt signed out of facebook.. The next person to use that computer then opened up Facebook on that same computer and saw my information...

    John’s Answer

    Was this on your employer's computer? If so, you have no expectation of privacy in using your employer's computer. You also have no expectation of privacy in a public computer if you leave the browser open or have your information posted for anyone else to see. Do you know this person? Was this person purposefully taking photos of your conversations and sending them to others to harass you? I need more information here. You may wish to consult a local attorney, provide full information as to what has happened, and see if there is anything that you can do to at least warn this person to refrain from this type of conduct in the future.

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  • If I stumble over someone's personal information and tell them about it, does the person have standing to sue?

    I've gotten to know a webcam model rather well over the internet but not through their business. I have chat records indicating their level of trust and comfort with me. However, they've chosen to keep the most sensitive details (last name, addres...

    John’s Answer

    From what you've described, it sounds as though the information is publicly available, but I agree with the other responses on this question that you may be deemed to be stalking this person. I also agree that anyone can sue anyone, even if they don't ultimately win, and that you will be out a large sum of money defending yourself against such charges. You don't give many details, but why are you searching for information that this person is keeping private? My suggestion is to let this person go.

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  • Can I terminate the shared parenting agreement with my childs father and ask a magistrate to interview my 16 yr. old daughter?

    My daughters father and i have had a shared parenting plan in place by the courts for about 4 yrs. now. We have never followed it. As of lately he tries to keep me from seeing my daughter and i believe is causing her emotional abuse by keeping her...

    John’s Answer

    I agree with the other answers to this question. See an attorney as soon as possible to sort this situation out.

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  • JUDGE MADE A RULING AGAINS MY SCREEN SHOTS

    Screen shots of websites used as evidences, was not observed by the Judge in her ruling because she said the screen shots were not authenticated, s what does this mean and how do you authenticate screenshot sused as evidenced in a motion.

    John’s Answer

    Authentication must be done at the trial level. The judge made a ruling that you did not do so properly. You may have a difficult time on appeal getting the judges to reverse this. If you have not done so already, please consult with a local attorney to sort this out. I do not know what stage of the proceedings you are currently at. You say judge, but was this really a magistrate -- if so, you need to object to the magistrate's decision before appealing the matter. An attorney will help you determine the proper issues and the proper way to handle/appeal.

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  • WHAT CAN BE APPEALED IF SOME OF THE DEFENDANTS ARE DISMISSED.

    If some of the of the defendants are dismissed, and new ones are added can I appeal a dissmisal of the dismissed defendants or I would have to wait until to entire case is completed?

    John’s Answer

    • Selected as best answer

    You state that this is a criminal case, so I'm assuming that you were indicted along with several others, and that they have been dismissed. You need to supply more information. Why do you want to appeal the dismissal of other defendants? Do you think they should be charged as you were? Generally, you would have no standing to appeal such a ruling. Please seek an attorney to assist you with this problem. Good luck going forward.

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