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Joel B Robbins

Joel Robbins’s Answers

73 total


  • Do parents need a search warrant to pull their 16 year old's cell phone records?

    I am 16 and my dad has pulled my phone records when i did not want him to. my friend said that since im 16 he is required to have a warrant and i was just wanting to check into this thanks

    Joel’s Answer

    If the account is in your father's name, he may request a copy of the phone records.

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  • I should be the one to file a police report if my car is stolen from the dealer repair shop right?

    I took my Honda to the dealer for repairs when the vehicle was ready I didn't have all the money asked. I asked if they would allow me to make two payments as in the past, but they said new management wouldn't allow. I did let them know that I ...

    Joel’s Answer

    You should file a police report as soon as possible. The ticket should contain a photo of the person driving your car. If the thief is an employee of the company, it may be a very easy case.

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  • Civil rights attorney

    I have been kicked out of two colleges because of my speech. Non threatening speech. Guns have been seized twice. Mental health courts have been used against me. Had one doctor say nothing was wrong with me but he couldn't put it in my chart becau...

    Joel’s Answer

    There are two sides in every case. Your position is that you have been treated unfairly consistently. Their position would be that your language and carrying a gun make them afraid of being around you. In order to win a lawsuit, you must not only prove your case, but disprove theirs.
    From your description, it sounds like you are paranoid (irrationally fearing that people are out to get you) and delusional (having imaginary problems that you believe are real). These are medical conditions. People who know you best might be afraid of telling you that you should see a doctor. There are medications and therapies that treat these problems . There are people out there who care about people with these conditions, but the decision to access help is yours.
    I would recommend that you stop carrying a gun, see a doctor, and get treatment.
    The description you give of your perceived persecution is so classic that I will categorically reject the assertion that it is real. There is a better life for you, please see a doctor. Your life is not permanently ruined but you need to get some help.
    Good luck.

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  • Expungement of Eviction Action Record/Damages to Personal Reputation?

    A landlord files an eviction action against a tenant and loses at the eviction trial. The tenant suffers emotional distress and other monetary damages as a result of the eviction action/trial. The tenant, now (a Plaintiff) sues the landlord in a...

    Joel’s Answer

    The elements for the tort of malicious prosecution is intentnional institution of a court action without probable cause which is resolved in your favor. You can win a case without having a right to sue for this -- famous example OJ Simpson. If you weren't paying, but you had a reason, then the court was your remedy - defendant lost and you didn't need to pay. That is what courts are for. If you were current on your rent and were sued, you might have a case.

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  • A Texas CPS worker comes to your residence, can you record audio and or video the visit? Can u record a visit to a CPS office?

    they ask to come in to interview you or your child, and have if you granted them permission to come in.

    Joel’s Answer

    There is an organization called CopWatch which has explored this question in detail. http://www.berkeleycopwatch.org/resources/Handbook_06.pdf

    Before you consider the prospect of recording your interactions with CPS from a legal perspective, you should also consider the reaction that you will get from the CPS worker on a personal level. They will most likely be offended by the implicit distrust. If they are already adversarial, it may keep them on their toes. If you make any errors in judgement, you will be memorializing your conduct.
    If custody of your children is at issue, contact a lawyer.
    Good luck.

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  • Is it legal for police set person to meet and sell drugs but upon arrival at setup no deal or drugs/money exchanged???

    Police set a person up by taking aquantainces phone (who was arrested/booked) calling, setting drug deal up, but no exchange of drugs or $ took place before arrested. Person pulls into parking lot to go in and eat at restuarant. Police charge veh...

    Joel’s Answer

    To quote the Miranda warning, "you have the right to an attorney. If you cannot afford one, one will be provided for you." Take advantage of our society's respect for civil rights and get a lawyer to advise you. You can speak confidentially to them without worry about them revealing your communications. You will be able to go into detail about your case with the lawyer being able to inquire as to complex facts which can affect the outcome of your case. They can apply years of training and experience to your problem and then they can speak to the prosecutor objectively and provide you advice while not exposing you to making statements to the prosecutor.
    Good luck.

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  • I am Pro Se plaintiff in a civil case failing health, cannot make it to court hearing, options?

    1st- I did not get an attorney because I cannot afford one. I filed civil suit against prev landlord.case went to small claims, I appealed, went to arbitration, I appealed for trial de novo in district court. Def has counter claim but has moved ou...

    Joel’s Answer

    The only two other options are to attempt to settle the case or go to trial despite your ill health.

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  • I posted a nude photo on a social networking site. I took it down, someone found it and is threatening to send in to everyone.

    I posted this pic on fetlife and then took it down. I am not sure how this person who is not a friend found it but now they are threatening to send it to my friends and family unless I do a favor for them. Does this break any laws or would I be ab...

    Joel’s Answer

    That person is within their rights to send the photo now that it has been on the web and is public. They cannot, however, ask you to do things to keep them from going public, in most states that's considered to be extortion and is criminal.

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  • Do I have a case for excessive police force?

    My husband, Brian, was in our car when a man pulled up from out of nowhere jumped out of his car and threatened my husband with a gun. My husband had his hand in his pocket looking for his cigarettes. The police officer said that he needed to pu...

    Joel’s Answer

    The Fourth Amendment to the United States Constitution provides that the police may not unlawfully search or seize persons or property. Did the officer explain why he got out of his car? Why did your husband decide that it was time to light up a cigarette when he was being approached by a man jumping out of another car? To have probable cause to stop the vehicle, the officer has to have a reason to suspect that your husband did something wrong. If they had no probable cause, then your husband probably has a claim. You didn't say whether there were any charges filed.
    Good luck.

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