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Aaron Jon Butler

Aaron Butler’s Answers

47 total

  • Once you've plead guilty to something, can you do anything about the outcome?

    My case is very complicated,but amounts to this; I was convicted of aid. to man. meth in 2006, in N. Vernon,IN. A small town I lived all my life. I was awaiting court for a D-fel receiving stolen property at the time. Together they were my first f...

    Aaron’s Answer

    You have two options: You can try to withdraw your plea, which would possibly start your case over, or you can seek to have your conviction modified.

    Having a plea withdrawn is a process that is almost completely up to the discretion of the trial judge who accepted the plea. Therefor, your chances of withdrawing the plea are primarily dependent on the individual judge. At any rate, you have almost fully paid the consequences of the conviction now, so this won't be as much help.

    Because four years have passed, most judges I have had experience with would say that the length of time that has passed makes withdrawal of the plea a bad idea. The court will likely find that the prosecutor's case has been hurt by the delay in withdrawing the plea, and that because you caused the delay (by not seeking to withdraw the plea earlier) you should be the one to bear the prejudice of the delay.

    If you have no other offenses, you may want to look into some other forms of relief that will help your situation and be more feasible than simply withdrawing your plea. You can seek to have the court modify your conviction to a misdemeanor. In a few years, if you have no further convictions, you can seek to have your conviction sealed, so you can avoid having to report it to employers.

    Your biggest decision is whether you want to continue to fight the charge by denying it/withdrawing your plea, etc., or whether you want to move forward and simply work to deal with the consequences of the plea, by modifying the conviction or sealing it. My recommendation is that you do the latter. Good luck!

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  • Does the investor who currently owns a mortgage have to be named on the note or can it just have the servicer named?

    If only the servicer is named, how can you find out who actually owns the mortgage? Is it a consumers legal right to know who owns their mortgage?

    Aaron’s Answer

    Many notes are written so that they may be assigned/sold/transferred. Those notes obviously can't name everyone who will own the note, because the future owners are not known when the note is drafted and executed.

    That said, to a certain extent you have a legal right to know who owns your mortgage -- namely because whoever owns your mortgage can foreclose on your house, and conversely you need to know who has to be paid in order to prevent foreclosure.

    There's a lot of confusion surrounding mortgages and notes that have been sold/assigned/serviced. If you have concerns about your mortgage and/or note you should consult a foreclosure defense lawyer to help you work out these concerns.

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  • Can my mother make me get an abortion?

    i am 16 and my boyfriend is 19. we want to keep the baby. is my mother alould to make me get an abortion?

    Aaron’s Answer

    She can't make you get an abortion. If she is making you feel pressured/forced to get an abortion, you should seek counselling/assistance immediately.

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  • Can someone leave state if they are preganant and not tell the babys dad?

    Hi i have a friend that got a text messenge from his girlfriend saying that she is preganat but she is leaving state before that baby is due and with out having a dna test to make sure that the baby is his? i was wondering if she can do that with ...

    Aaron’s Answer

    Your friend cannot keep the mother from traveling. Once the baby is born he does have a right to establish paternity, but he will need to do so in a court that has jurisdiction over the child. So he will have to travel and/or get a lawyer wherever the mother ends up when she has the baby.

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  • Can I cross state lines with my niece for amusement park with the consent of the father, do i need to get concent from mother?

    My 15 year old neice lives with her father who has joint custody with the mother. For me to cross state lines do I only need consent from the father in which is who she lives with or do I need to get consent from both or just the mother? The mothe...

    Aaron’s Answer

    If the father has the right to take the child to the amusement park, he also can authorize you to take the child to the amusement park. The only reason there could be a problem is if is some express condition of custody prohibiting this activity or requiring the mother's consent.

    It sounds like the real problem is not that the mother's consent is required, but rather that she is objecting to you taking the child for some reason. Make sure that the mother's objections are understood. If she believes that going to the amusement park is not in the best interest of the child, you and the father need to address her concerns now, or, she can raise them with the court.

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  • Can by boss keep my personal computer if he thinks there are company files on it, and if so how long does he have to reasonably

    resolve the matter before I can get my systems back.

    Aaron’s Answer

    You need to communicate to your boss that you want your computer back. Obviously if your personal computer is owned by your employer, the computer can be taken back by your employer. If your personal computer is owned by you, your boss's duties regarding the computer depend very much on your conduct. Did you allow your boss to take the computer because you were afraid you would be fired otherwise? Or did your boss simply take the computer without asking?

    Absent a court order or warrant, your employer has no legal right to force you to give up your personal computer, unless this right was agreed upon in your employment agreement or some other private contract. However, once you have allowed your boss to have your computer to examine it, it's up to you to demand it be returned, and to take legal action if your boss fails to do so.

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  • How do I get someone's name off my deed?

    In May 2010 my fiance and I purchased a house with money I received from a settlement. At the end of September 2010 we broke up, he walked away from the property and he agreed to sign the house over to me. Since then, he moved to another state ...

    Aaron’s Answer

    There is no such thing as merely taking someone's name off of a deed in a situation like this. Your fiancee is an owner of the property. When you and he purchased the property, two ownership interests were created -- yours and his. Assuming that you took the property as tenants in common, not as husband and wife, each of you are able to sell your own interest in the property, via a deed to another person, but you can't transfer the other person's interest.

    Your fiancee could not simply take his name off of the deed. He and you together would bhave to execute a deed transferring each of your separate interests to you. Those interests would then combine, in one deed held by you.

    As you can see, this can get complicated. You will need a lawyer to advise you on what to do about the fact that you can't find the other owner of your house. It will probably be easier to simply find your fiancee than to jump through the hoops required in order to obtain his interest in the house without his consent.

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  • Can my husband get unemployment even though he was fierd, for somthing he didnt do.

    my husband was fierd yersterday 2/18/11 he was useing the bathroom because he was sick. he was in there for a while his boss called for him once and he told him it would be a min. after he was done he went bak to work and then to break. the human ...

    Aaron’s Answer

    I'm sorry to hear about your family situation. Whether or not your husband can collect unemployment depends on many factors, but he certainly can and should apply and let a neutral party make the decision. If the only thing preventing your husband from collecting unemployment is the fact that he was fired, his employer will then have to show he was fired for a good reason.

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  • Do I have any legal recourse?

    I am 60 years old. I was fired from a local middle school, but have not been given a reason. On Friday (11/12), I was told not to resign my position. On Tuesday (11/16) was fired, but given the option of resigning. Because the firing appeared ...

    Aaron’s Answer

    In Indiana, the baseline rule is that an employer/employee relationship is "at will" meaning that either party may terminate the relationship without notice and without having a particular reason.

    In other words, under the law, you can quit your job without notice or reason, and your employer can terminate you without notice or reason. However, there are many ways that parties and the law modify the rule for particular situations.

    For example, a written employment contract can require that an employer and/or the employee must give notice before quiting/firing. As long as the parties agree in advance to this arrangement, it will be enforced in court.

    In addition, both state and federal law provide that employers cannot terminate employees for certain reasons such as illegal discrimination, or relatiation for exercising legal rights such as worker's compensation.

    You specifically mention your age. If you were fired because of your age, you might be able to show that this was illegal. However, you would certainly need a specialized and experienced employment attorney to consult with you about the specific facts of your case. These cases are very challenging and require a great deal of preparation and experience. Most employers have access to lawyers who are skilled in defending against such claims, so an employee needs experienced help as well.

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  • Is this a legitamit charge?

    I filed a ebay complaint due to shipping damage after trying to work with the seller and getting nothing but confrontation. Ebay suggested a refund and return and I said I wasn't interested in that, that shipping costs as much as fixing the uni...

    Aaron’s Answer

    Private citizens don't file criminal charges against people. Prosecutors do. He is trying to scare you, nothing more. In addition, the facts you have stated would never support a theft charge.

    The seller has, at most, a breach of contract claim against you -- a civil claim, in which his remedy is a money judgment or possibly an order that you return the property. In a case where the shipping costs are more than the value of the product, as long as you offer to return the product if the seller fronts the cost of shipping, I don't see where you risk liability for anything.

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