Thomas D. Boley’s Answers

Thomas D. Boley

Las Vegas Personal Injury Lawyer.

Contributor Level 14
  1. Will the charge against me (battery) be dropped by the prosecutor due to the complainant refusing to testify at the trial?

    Answered about 2 years ago.

    1. Thomas D. Boley
    2. Ryan Alexander
    3. Harry Edward Hudson Jr
    3 lawyer answers

    Your nephew does not always have the right to testify at trial. First of all, you need to make sure there is no evidence that can be independently authenticated without victim testimony. If that is the case, then you need to look at whether or not there were other witnesses to the event. If neither of these things are present, the prosecutor has only one option, and that is to subpoena the victim. If the prosecutor is successful at subpoenaing the victim, then they must show up and testify...

    6 lawyers agreed with this answer

  2. How do I turn over custody of my obnoxious kids to the State?

    Answered about 2 years ago.

    1. Thomas D. Boley
    2. Carlos Blumberg
    3. Jill K. Whitbeck
    4. Israel Lynda Kunin
    5. Michael T. Graves
    5 lawyer answers

    You cannot simply extinguish your obligation. If the state takes them, you will still be responsible for payment of support and such. I'm hoping this is a joke, because most of the people on here and fighting tooth and nail trying to keep their children.

    6 lawyers agreed with this answer

  3. My previous wife and I own a small strip mall. We put it in an llc. My second wife insisted she be added to the llc. I added h

    Answered about 2 years ago.

    1. Thomas D. Boley
    2. Richard Edmund Hawkins
    3. Loren A Piel
    3 lawyer answers

    Possibly. If the transfer of ownership to the new wife was an authorized transaction under the operating agreement, she definitely owns part of it. If the transaction was not authorized under the operating agreement, she may have a claim, and you could be liable to the company or your previous wife for the wrongful act. Also, if the company grew in value due to your labor during the marriage, your new wife could claim part of that as community property. She has the right to the value of...

    6 lawyers agreed with this answer

  4. I fell in a movie theater at t he Suncoast Theatre in January,still having pain theater insurance co state the are not at fault

    Answered about 2 years ago.

    1. Richard S. Johnson
    2. J. Scott Dilbeck
    3. Thomas D. Boley
    4. Christian K. Lassen II
    5. Matthew C Simon
    6. ···
    8 lawyer answers

    In order to recover monetary damages from the Suncoast, you have to show how they were at fault. It is a common misconception that slip and fall cases automatically create liability. They do not. In fact, it is the Plaintiff's burden to prove that there was some hazard created by the negligence or purposeful act of the premises owner. For instance, if you fell over another patron's purse sitting in the row, you are unlikely to be at fault unless somehow the theater knew about the hazard...

    6 lawyers agreed with this answer

  5. My Boss came to my home 10pm July 21,2011 ,to fire me stepped into my home handed me my final pay check, I ask him to leave

    Answered about 2 years ago.

    1. Thomas D. Boley
    2. Richard Edmund Hawkins
    3. Daniel Nelson Deasy
    3 lawyer answers

    Very likely yes. If your actions in physically throwing him out of your home were justified, his punch would have been a battery. The key to a successful lawsuit against an employer was if the boss was within the "course and scope" of his employment. Here, the liability would actually pass through to the business as well as your ex-boss personally. Also, employers are protected by worker's compensation laws if you are acting as an employee at the time of the injury. They would not be...

    6 lawyers agreed with this answer

  6. Can you file malpractice after statute of limitations if the surgeon admits he fouled up after the statute of limitations is up?

    Answered about 2 years ago.

    1. Thomas D. Boley
    2. Kenneth Lee LaBore
    3. Olga V. Blotnis
    4. David B Pittman
    5. Marc Edward Stewart
    6. ···
    6 lawyer answers

    There is an alternative theory that can start the statute of limitations tolling significantly after the harm in limited instances when actual or constructive knowledge the harm did not occur until later. Therefore, if you could not have known of the harm until a later date, the statute would not start tolling until then. This is a very limited exception and you would need a detailed legal opinion. See a lawyer.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. If Summary Judgment is granted in favor of a Sheriff Sale against my property, can I still file Chapter 11 BK before the sale?

    Answered about 2 years ago.

    1. Thomas D. Boley
    2. Richard Edmund Hawkins
    3. Alan James Brinkmeier
    4. Justin Michael Luna
    4 lawyer answers

    Yes, bankruptcy can be used as a tool to avoid a property sale. BUT, not always. We would need a much more in-depth knowledge of your situation, especially when it comes to Chapter 11. This is a complex question that would require a lot of analysis before answering. My law partner represents clients in Chapter 11 bankruptcies. Call us for a free consultation. You may need an emergency filing.

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  8. "19 years old, what consequences am i looking at for possession of marijuana less than 1 oz and trespass?

    Answered almost 2 years ago.

    1. Thomas D. Boley
    2. James Donald Garrett
    2 lawyer answers

    Probably not going to go to jail. Find a way to afford private counsel. You will end up better off.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. A vacation on a cruise is being planned. I have a friend convicted of a dui. I want an opinion on the certainty he can travel?

    Answered about 2 years ago.

    1. Marco Caviglia
    2. Nicholas Michael Rossi
    3. Thomas D. Boley
    4. Matthew C Simon
    5. Zev Goldstein
    5 lawyer answers

    He needs to contact his probation officer. It is unlikely that he will have any problems traveling with a misdemeanor DUI conviction. If he is under supervision, his probation officer would have the discretion to let him leave or not. Also, if it is an international cruise, another country could theoretically deny him entry. I doubt this will be a problem as long as it is a misdemeanor DUI.

    7 lawyers agreed with this answer

  10. Where can i find a pro bono criminal defense attorney in indian springs ,nevada?

    Answered almost 2 years ago.

    1. Thomas D. Boley
    2. Calvin T. Sun
    2 lawyer answers

    If your friend is indigent, he already has court-appointed counsel. That is your pro bono option. If he is unhappy with appointed counsel, he is free to hire private counsel. All the pro bono organizations in Nevada provide family law assistance among other things, but not criminal. There is no reason to do pro bono work in criminal because the public defender option exists. Good luck.

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