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Robert Smead Hogan
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Robert Hogan’s Answers

340 total


  • Do i sue the police officer 1st or the Dept. in a civil rights case

    officer that is known to be in trouble with the dept. falsified info and changed it to hav me removed from the house for a long period of time..hes stalkd and ticketed me over 25 times in a year...after writting to internal affairs i havn seen him...

    Robert’s Answer

    While I am not able to comment on whether you have a valid case or not (as I would need a lot more information), I can tell you that, in general, a civil rights case would be filed against the officer for actions of the officer that violated in civil rights. In cases where a civil rights violation occurred because of a faulty policy, or where there was a pattern of such abuses, the department or municipality might be liable in addition to the officer. Also, if the municipality failed to supervise or discipline, the municipality (or supervisors) could be liable.

    This may sound confusing, but it emphasizes how very important it is to discuss your case with a competent attorney, particularly in the Civil Rights Arena. If you need help finding an attorney in your area that practices civil rights law, try the National Police Accountability Project (NPAP). You can web search them.

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  • What can I do?

    This guy put on craigslist that he was selling a 2009 dodge charger. He said he was leaving the country and was asking for $1500 down payment and $300 a month. I talked to him and he said $1300 would be fine. I sent the money through Western Union...

    Robert’s Answer

    You bet, you can sue him- if you can find him. You should also report him to the police. Scams like this are more and more common, especially at this time of year. No telling how many people this guy cheated out of $1500. Be very wary when answering this type of ad. Especially when Western Union is mentioned.

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  • Are you allowed to refuse police searches in your car?

    Well it has never happend too me, but I heard a story that really caught my eye. I don't know the full details, but from my perspective these was this teenager who a police officer pulled over for excessive lane changing. During the stop, the offi...

    Robert’s Answer

    You an always refuse a search, but the reality of it is that the police may search anyway. For detailed ideas on how to protect your rights in connection with a request to search, there are good videos at flexyourrights.org.

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  • I have overstayed my j1 visa and I now want to get married. Is it possible? Could I get a green card?

    It's a Summer Work and Travel visa (3 months) and I've overstayed it for 2 months (after the one month grace period). It says I'm not subject to the 2 year rule, and I now want to get married. Would it have been better if I had decided to get marr...

    Robert’s Answer

    As long as your marriage is legitimate, you should be able to adjust. Be prepared for extra scruitiny of your relationship due to the timing. I handle immigration in your area. Feel free to contact me with questions

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  • Attempted Vehicular Manslaughter in Texas

    Is there a charge for attempted vehicular manslaughter in Texas? It appears to me that the charge would be assault with a deadly weapon, deadly conduct or reckless driving. Or possibly some combination of the previously mentioned. I'm asking r...

    Robert’s Answer

    Could also be deadly conduct. Most certainly would be felony DWI.

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  • I'm a pro se plaintiff in a wrongful death suit, the case is open and shut, because the hospital was extremely negligent.

    I am looking for an attorney to assist with the legal technicalities of the case with representation on a limited basis to assist with retaining expert witnesses and to consult with written discovery. I have economic resources to retain counse...

    Robert’s Answer

    In answer to your question, yes, most attorneys do prefer to take cases all or nothing. That is because there are many potential pitfalls, land mines, and obstacles to recovery in any case. It is very difficult to handle a case "piecemeal," and there are really no benefits to the attorney or client from doing it this way. Even if you were to find a counsel to agree to such a limited representation, what happens when that attorney discovers a very big legal mistake that you have made (or are about to make)? If the attorney does nothing (due to it not being within his or her limited scope of responsibility) is it possible that someone might be critical, feeling that the attorney had committed malpractice? Additionally, we each lack the objectivity to professionally handle cases that involve ourselves or family members. This is true of attorneys and non-attorneys alike. This is why it is often said that an attorney who represents himself has a fool for a client. As others have said, your best option is to hire an attorney and turn the entire case over to them.

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  • "At-Fault" driver's insurance pays a 1 time settlement & is requesting the Dr's notes to review. Is it okay to provide them?

    Will providing medical information directly to the "At-Fault" driver's insurance company cause a legal problem in the future? I have 2 years to settle the case and it has only been 3 months and I am still receiving treatment for injuries caused b...

    Robert’s Answer

    Other people have given you some very good advice, but they really did not answer the question you *asked*. If you are going to hire an attorney before you settle, there is no reason to send them the records now, particularly if you are still treating. One problem with sending them partials now is that the information may change during the course of your treatment, or, at best, you will have to go all over getting the records again when you complete treatment, incurring additional time and expense.

    Whatever you do, you should NOT send a medical records authorization to the insurance company to get your records themselves. This often results in insurance companies obtaining your medical records from long before the injury -- even back to birth in some cases, and then they will put those records on industry clearing-house databases. If you send a medical release to an insurance company, you are giving up your privacy rights.

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  • I'm trying to figure out what steps I should take if I was involved in an hit an run accident that was not my fault?

    I don't want the expenses to be on me. And I need to be seen by a chiropractor because I am in pain.

    Robert’s Answer

    Your experience is a common one. You should contact a local attorney who specializes in personal injury cases to help you with this process. Hopefully, the person who hit you can be identified and has automobile insurance. Otherwise, you will have to look to your own uninsured motorists coverage, if you have it. If you don't have uninsured motorist coverage, you may not have any recourse.

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  • I was injured on my job in a car wreck.I hired an attorney and workers comp put a lien on some of my money way more money than I

    Received can I do anything about it.i called the firm over and over about workers comp and I was told over and over there was nothing they could do about workers comp this case was a personal case please let me kno something thanks Robbie Fields

    Robert’s Answer

    One of the reasons that you may have been turned away so quickly is that you called asking about worker's compensation. The legislature has made it almost impossible to find an attorney on a workers compensation claim. This is not really a workers' compensation question -- but more of a personal injury question.

    An experienced personal injury attorney should be able to give you the answers that you need, and work something out in your favor. Look for someone who is Board Certified in Personal Injury Law in Texas.

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  • In which state should I sue for property damages from a car wreck?

    I was hit (rear-ended) by another person while visiting College Station, TX to watch an A&M game. I am from Kansas, and the person who rear-ended me is a resident of Oklahoma. The guy who rear-ended me was visiting College Station to watch the gam...

    Robert’s Answer

    Ok. Here's the situation. You can sue in either Texas or Oklahoma. Your choice. If you sue in Texas state court, however, and only if you seek more than $75,000, he would have the right to remove the case to federal court, due to diversity of citizenship rules. This would be a consideration. In Oklahoma, you could file suit in state court or in federal court (due to diversity, if you sought more than $75,000) but if you chose to file in state court in Oklahoma, the lawsuit could not be removed to federal court.

    There might be benefits to considering either Oklahoma or Texas, and either state or federal court. The law which establishes the standard of care (was it negligence for him to hit you) will be Texas law, no matter where you file. But the rules of procedure and the rules by which damages are determined are usually those of the jurisdiction.

    Clear as mud? That's why you need a good attorney to evaluate the case for you. And I would look for someone who is licensed in BOTH Texas and Oklahoma, if you can find one, who can tell you which state's law is better. Sorting out conundrums like this is what we lawyers go to school for many years for. :-)

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