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Benjamin S Kuipers

Benjamin Kuipers’s Answers

500 total


  • Showed up for court. They said case had been dismissed. I left with documentation 1-1/2 yrs later recharged & goin back to court

    Initially charged with possession of dangerous drug & parraffanelia. It was my 1st and only drug offense. I'm confused as to why and how they can recharge me whenever they decide to especially if I haven't had any negative interaction with law enf...

    Benjamin’s Answer

    The outcome depends on a litany of factors which cannot be addressed or discussed adequately on a forum like this, but with dangerous drugs it will also depend on your over-all record, not merely your drug charge record, and will depend on other facts as well, such as whether you have taken remedial action and gone to rehab or things of that nature. I suggest gathering all your documents and calling up some attorneys here in the valley, and sitting down with one after another until you find one you are confident in. While many public defenders are excellent attorneys, you do get the luck of the draw when assigned one... just food for thought.

    Unfortunately yes, the State can refile on felony charges for an extended period of time.

    Good luck.

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  • I have an unfortunate situation here. My ex-husband has completely withdrawn from my son's life. Our current arrangement is..

    a 50-50 arrangement in legal decision making, with me having the majority of parenting time. However, with the increase in my son being here, my costs have increased so I am going to file for a modification of parenting time and modification of c...

    Benjamin’s Answer

    Absolutely. You can indeed file to recover a portion of this, but it will depend on the proof of abandonment you can demonstrate and the rapidity in which you can file your petition to modify.

    Good luck.

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  • What are the rules of a no contact order?

    My brother is going through a divorce and his soon to be ex has created lies to get him in trouble. When the judge puts a no contact order, is it okay for his wife to be calling him none stop harassing him at work and stocking his current residents?

    Benjamin’s Answer

    Yeah, that's perfectly legal. He could apply for his own no-contact order in this circumstance. Ultimately, he needs to keep his cool and record some of these interactions/harassment calls, and demonstrate this to the family law judge.

    Good luck.

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  • My father- passed Dec 31. He had a reverse mortgage on his home. We have not contacted them yet. How long can we stretch things

    We were advised by his attorney to not contact the reverse mortgage company due to financial issues with his estate. That said, we have not contacted them, but they are sending letters and calling. What is the best move to stay in the house as lo...

    Benjamin’s Answer

    I believe that with the death of your father, his adult children and other non-spouse heirs must pay off the loan. You have the option of keeping the property, selling the property, or turning the keys over to the lender. You have 6 months in which to make a decision and notify the lender... so you seem to be a bit beyond your legal time frame here...

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  • My ex-husband did not file his taxes, thus did not claim the allowed dependent. Can I amend mine and claim dependent?

    My exhusband and I divorced last year, finalized April 28, 2014. On the divorce decree, he is allowed to claim one of our three daughters. I filed this year, claiming my two daughters, as stated in decree. When I received my refund, it was underpa...

    Benjamin’s Answer

    Sounds like this is not only a tax issue but a family law one as well. Presuming you are on good terms, I would write to him and inquire as to whether if you file an amended return including the third child, and credit a portion of that against his child support obligations/arrearages, he would be amenable to you filing... If this is a sour relationship, I would first sit down with a seasoned family law attorney and go over your decree.

    Good luck!

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  • I want to marry my same sex partner, but he has not filed taxes in over 10 years. Would I be held liable for his taxes?

    He has been living off the grid for over 10 years and not filed or paid taxes, I am just concerned that I will be held liable for his taxes should we begin filing taxes. I have filed and paid my taxes all my life so there is no problem with me.

    Benjamin’s Answer

    Generally joint returns are subjected to interception if one of the parties filing has a tax debt. In this situation, I'd use "fine a lawyer" tab above and find someone who focuses on tax law here in the valley!

    Good luck.

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  • What rights does a driver have when accused of not stopping for law enforcement and person was not cited?

    What are some ways in which to address or not address particular law enforcement agency?

    Benjamin’s Answer

    Are you speaking about a concern regarding a possible civil rights violation? I'm not following you here. You weren't cited correct?

    Good luck.

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  • Will a notarized custody agreement over a dog be enforced in court?

    My ex boyfriend and I have a 6 month old puppy. We have come to a agreement of visitation of our puppy. My ex gets days with him, I get days with him, and we spend time together with him. I want to be prepared for the future just in case this does...

    Benjamin’s Answer

    Depends, something like this will generally be considered evidence you you and your ex's intentions now if a conflict arises down the road. This is probably a wise move. I would include in there details about who you both are, your addresses, phone #s, and yes, have it notarized.

    Good luck.

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  • Can I be convicted of displaying fictitious plate on my car no one saw me in the car or on a road? I was in median out of car

    I rolled my car. I was found standing beside the car in the median. Luckily not a scratch I thank God every day I'm still alive. Totaled out the Tahoe. No one else in the forest just me. Police found my Tahoe had fictitious plate (actually pl...

    Benjamin’s Answer

    Yes, you can be convicted by direct, or circumstantial evidence.

    I'd contact a seasoned attorney and chat about your possible ways forward.

    Good luck.

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