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Thomas D. Boley

Thomas Boley’s Answers

646 total


  • If I want to file a compliant against a lawyer on the disciplinary review board. What steps do I take to make sure that he does

    Not hear or review my case. Do I fill out papers or make a special request

    Thomas’s Answer

    • Selected as best answer

    Go to www.nvbar.org and file the complaint online. The board member will be removed from the proceeding. In fact, it is unethical for a lawyer to utilize a position of power to mask disciplinary action. If I remember correctly, this question was asked before. Are you a separate person complaining about a board member or are you the same person?

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  • Do I need an elder law attorney?

    8 months ago we allowed my 68 y/o mother to move into a small 1 bedroom detached apartment in our home. We have no contract and we have never asked for rent. We allowed her to come live with us temporarily until she could get subsidized housing. S...

    Thomas’s Answer

    No, you don't. If she is a guest in your home, you can just tell her to leave and she has to leave. If she is considered a tenant (which seems likely here), you would have to evict her. Compliant tenants get 30 days of notice, non-compliant tenants get 5 days.

    That being said, she might be suffering from some ailment that is causing the rages. You might want to get her into a clinic so she can get checked for dementia or other possible issues. You should not feel bad. If you are not qualified to care for her, you should put her in the hands of someone who knows what to do.

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  • SUSPECT UNDER CUSTODY...... LEGAL STATUS? .......need advise?? what penalty does family can expect?

    TRAFFICK SCH I C/S, FLNTRZPM/GHB, 28> GRM, POSS TO SELL SCH I/II, FLNTRZPM/GHB,(1ST, CONSP VIOL UCS ACT, (1ST), ESTB/POSSESS FINANCIAL FORGERY LAB FOR UNLAW ACT, 3 counts of FORGERY..... Thank You .......family appreciates your help

    Thomas’s Answer

    Mandatory prison on the trafficking. If it is his first offense this can sometime be avoided. You need a criminal defense attorney today.

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  • If I own a landscaping business can I store my work related vehicles in my own personal backyard ?

    For example regular pick up trucks, a wood chipper, & a large dump truck. I live within a community

    Thomas’s Answer

    Yes, as long as it does not violate the terms of your HOA agreement. Look at the rules. You will probably be fine as long as the materials aren't visible from the street. If you are running the business out of your home, you should make sure your business is compliant with licensing codes.

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  • I possibly talked to the wrong person about a possible lawsuit?

    There has yet to be a claim filed against me, however, I spoke to someone about the event but did not give them names of the possible plaintiff. It turns out during the conversation that this person was going to law school and that his father was ...

    Thomas’s Answer

    No. You are fine. It would likely be a conflict for them to file against you. Also, lawyers are barred from seeking out accident victims like this.

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  • Pleaded "no contest" to a misdemeanor then had case dismissed, do i have a conviction?

    Simply put, I'm filling out applications for employment and run into this question a lot. "Have you ever been convicted of a felony, or a misdemeanor involving any violent act, use or possession of a weapon or act of dishonesty for which the recor...

    Thomas’s Answer

    • Selected as best answer

    Generally, what you are talking about is called a "stayed adjudication" or "submittal on the record." Judges require different levels of diligence when it comes to this situation. However, if they dismissed the case, you never had a conviction.

    This is how I explain it to people:

    There are two steps to a guilty finding. The first step is where you plead guilty willingly, or a factfinder (judge or jury) finds you guilty as a matter of fact. The second step is that the Judge finds you guilty as a matter of law, based on the finding of fact. Here, the second step never happened, so you were not convicted.

    BEWARE OF THIS: On many government applications, there are special "definitions" of conviction that change the answer. For instance, a National Security Clearance includes submittals and stays as part of "conviction."

    The key is to answer honestly, based on what is asked.

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  • What legal action can i take against parole and probation?

    Hi. I'm in a bad situation. My wife is on 3 years probation for allegedly changing a price tag on a calculator. She has completed over 2 years without a single problem. Three days ago she went to the hospital for her legs being swollen and in pai...

    Thomas’s Answer

    Trespassing is a violation that can trigger a revocation. The PO does not have the final word, though. The Judge makes the decision whether to impose the suspended prison time. It depends heavily on the Judge as to how this is seen. It would also matter whether or not she actually went on Wal-Mart's premises. If you went to pick up her scripts, she technically did not trespass. There are a lot of factors that could change the outcome here. Private counsel for probation violations is cheaper than you might think.

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  • In debt due to high credit card interest rates. What are my options in securing a probono atty for help in reducing our debts?

    Live on SS only, lost my job and unable to find employment.

    Thomas’s Answer

    It is very hard to garnish social security, and much of it is exempt. You might not even need to file bankruptcy. You will need a consult with an attorney before you determine that, though.

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  • Can I take my kids with me?

    I was never married to their father, I've informed him that I was moving to be with my new husband (who is in the army and was deployed to Kentucky recently). I didn't go with him at first because I thought it was temporary but now it's for four y...

    Thomas’s Answer

    You are not court-ordered to stay in Nevada until you are served with the Joint Preliminary Injunction (JPI), which is filed in every custody action. That document, once served, bars you from taking the children out of the jurisdiction. However, it may not be advisable to leave with the children, because your ex can file a child custody action in Nevada and you leaving the State could be seen as a bad faith action, and the court will very likely order the children returned to Nevada, and your ex would probably get temporary primary physical custody if you are living out of the jurisdiction. The exception is if you can manage to take the kids to Kentucky for six months without challenge. Then, Kentucky would be the children's home state (per the UCCJEA) and a child custody action in Nevada would be dismissed and jurisdiction would defer to the new home state.

    Short answer: Technically yes, you can leave, but you probably shouldn't.

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  • What happens in the state of Nevada when an LLC is approached to be bought out and...

    What happens in the state of Nevada when an LLC is approached to be bought out and one partner wants to sell and the other doesn't. The operating agreement only covers the sale of the members interest in the llc to someone else.

    Thomas’s Answer

    If one member would like to sell their interest, they can sell their ownership interest to another, assuming it is allowed by the operating agreement. You can't force an owner to sell, unfortunately.

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