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William E Blewett

William Blewett’s Answers

42 total


  • Do i need a criminal lawyer?

    my daughter's father is in jail, and is being wrongly accused for a crime he did not commit. but where can i contact a lawyer to help bring out the evidence to prove hes innocent? A computer is involved, it involves facebook, child pornography, an...

    William’s Answer

    Do YOU need a criminal lawyer? Maybe... but not based on the facts you've stated here. However, your daughter's father absolutely does. Do you know whether the charges are state or federal? Either way, he will likely get a court-appointed lawyer soon if he has not already. If you are looking for private attorneys with experience in similar kinds of cases I know of several in Sioux Falls who have done work in the Rosebud area. I could also suggest some attorneys in Rapid City you may contact as well. If you'd like some names of attorney's I'd recommend, you may contact me.

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  • How can I hold hair salon accountable for my dermatology bills after they used chemicals I told them caused me severe reaction?

    I made a personal visit to show them chemical burn on my scalp, and all over body rash that I have suffered from for 5 months now. I have had to pay for regular physician doctor appointments, referral to a dermatology specialist, and have had to ...

    William’s Answer

    • Selected as best answer

    To answer you question how can you hold them accountable... Sue. Or threaten to sue.

    If you told them that you had a reaction to a certain chemical and asked them not to use it, and they used it anyways, then it sounds like they could be liable for your damages caused by that negligence. You should talk to a lawyer about this.

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  • Applied for FMLA - the doctor certi had to go back to my employer to get approved and it included all of my info -- violation?

    I don't feel my employer should be privy my health issues, and is a violation of my privacy, should dr certification go to a third party - fmla insurance company? Also whenever we get a dr's note for an excused absence - they require us to includ...

    William’s Answer

    What exactly are you asking? If your asking if it's a violation of FMLA for your employer to receive the Certification of Healthcare Provider the answer is no. To the contrary, the FMLA specifically allows employers to require an employee seeking FMLA leave to submit the form. If you don't submit it that's grounds to deny the leave request.

    If you're asking if this requirement is a violation of your privacy the answer is "no, but." No, it's a not a legal privacy violation. However, if you consider your serious medical issue to be of such a private nature that you don't want to disclose it that's your choice. Of course making that choice may (probably) means your FMLA leave request gets denied. Its your call as to what has more value to you.

    Your final sentence doesn't contain a question. However I'll say generally the employment laws of SD give employers a lot of leeway. What an employer considers sufficient for an "excused" absence would be an internal policy that's up to the employer's discretion. The policy seems to have a legitimate purpose. Ensuring sick days are onlybtaken when an employee is actually sick. So long as the policy was enforced in a nondiscriminatory manner I'd be surprised if it would ever be considered improper.

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  • Lawyer fees

    I was injured in and third party accident while I was on the job. And I have settled my workers comp claim now my lawyer is trying to charge me for medical record fees from the third party case. He did not have to use medical records on the comp s...

    William’s Answer

    • Selected as best answer

    I'd be surprised if the medical records were completely irrelevant and your lawyer was still charging for that expense. Keep in mind that these records are often expenses based on an invoice received from a medical provider or med records company. If you think you're being OVERbilled ask to see the original invoices showing the actual amounts paid. If they're your records and the attorney did pay for them up front you should pay that unless your contract said different.

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  • How do we successfully live next to a neighbor that is verbally threatening And has damaged our property?

    We got a protection order but his lawyer asked us to drop it and he the neighbor will repair the damage. We declined. Now he yelled across we are going to be sorry we are neighbors and that the war begins What do we do with this? He has violat...

    William’s Answer

    Neighbor issues can be touchy.

    You've taken the first step and petitioned for, and received, a protection order. If he's violating the protection order you can bring a contempt action or call the cops. It's probably a good idea to get some proof that he's still acting up. A quick cell phone video should be plenty.

    If you had a lawyer help you with the TPO then that's a good person to talk about this with.

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  • Can I sue a insurance lawyer and the state for violating my rights in a workers comp case

    By law a lawyer got to send a brief in to postpone a hearing , nothing was sented in the insurance lawyer just call the alj . My hearing was file in 2011 two and half years later I get it . Make things worst my lawyer took a bribe

    William’s Answer

    I'm sorry to say, but your question is completely unintelligible. If you think your lawyer "took a bribe" you could call the bar association and ask about filing a complaint, but i'd caution you not to file any complaints without some proof.

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  • I bought a pick up and still don't have the title

    I bought a pick up in Feb of 2014 and I still have no title for it come to find out they still owed money on it what can I do

    William’s Answer

    I completely agree with Attorney Burdge's very thorough answer. I'll only add that if you don't have title and if there is a lienholder on the title it's entirely possible that "your" truck coi ld get repossessed. Even if the lienholder isn't on the title, the seller's creditors could execute on (seize) the truck if they get a judgment against him. You're left hanging out there right now in the middle of a bad situation. You should definitely talk with a lawyer to straighten out this deal.

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  • Will a divorce cancel out a living trust

    Husband wants to do a living trust but in the pass he has always put his titles in someone else name and always tried to cheat me out of things. There is land in this trust so I need to know how to protect myself from being left out on the corner...

    William’s Answer

    For the most part, a Trust is governed by its own terms. Before you sign anything transferring property in which you have any ownership interest into the trust you should consult with YOUR OWN lawyer.

    While it could be possible for a trust document to direct the trustee to take some specific action upon a divorce of the trust maker(s), that is not what I'd consider standard Trust language.

    In short, SD has fantastic trust laws, and it is possible to protect yourself, but you'll need to raise your specific concerns with an attorney so that you can actually be protected.

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  • Can I leave my parents house to live with my aunt and uncle that live 40 miles away if they agreed 100% about it?

    I am 14 going to be 15 this year My parents said no. But is wanted to no if I still could. I feel like I don't get treated good at home and I am always crying because I am so stressed about everything. My parents are constantly fighting

    William’s Answer

    I agree with the previous answer. You should try to talk about your situation with a teacher, counselor, pastor, friends parent... anyone you feel comfortable with. At 15 your legal options for doing anything that could force a change in the situation are extremely limited. There are some more options available at 16, but honestly it would be a long complicated and expensive process that would have no guarantee of changing anything in the end.

    You know your relationship with your family better than anyone, but I think you should try to talk honestly and openly with your parents about why you're even thinking about this.

    Hang in there.

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