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Thomas D. Boley

Thomas Boley’s Answers

646 total


  • Can you please explain to me what is the meaning of this text ?

    D293 - SC-Heard - Continued filed on: 06-Jun-2013 Extra Text: AWAITING INPATIENT PROGRAM 3. 23-May-2013 at 10:00 Honorable PETER BREEN H276 - SC-FIRST APPEARANCE D325 - SC-Remanded to Jail filed on: 23-May-2013 Ext...

    Thomas’s Answer

    It looks like the history of a couple different criminal charges. You would need to provide way more information to render an opinion, though.

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  • Can Pressler still purusue me after they withdraw the Motion Turnover?

    Pressler & Pressler levy my bank account in the amount of $600. I spoke with an attorney briefly and he mentioned I can assert my $1,000 exception and submit to the court and pressler & pressler by certified mail. I submitted my exception and $6...

    Thomas’s Answer

    You are mixing up collections law with bankruptcy law. Once a judgment is obtained, the creditor can garnish up to 25% of your wages. Once that garnishment order is in place, they cannot levy your bank account further unless you have other sources of income. If you want to be protected from unsecured creditors, you need to consider bankruptcy.

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  • Is it legal for my friend who is 16 and legally has sexual consent to date her boy friend who is 20?

    So my friend will have been dating her boy friend for about two years now. But she wants to know if it's legally ok for them to become sexually intimate with each other without getting in trouble with the law. Since she's now at the consented age.

    Thomas’s Answer

    It is not statutory rape, but he could be charged with contributory delinquency or luring a minor if she is defying her parents by seeing him. Having sex with a 16-18 year old can turn into a problematic legal battle, despite the fact that it is not statutory rape.

    The way the law is written allows sex with a minor 16-18, but there are other possible consequences.

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  • What is the age of consent in nevada ?

    ..

    Thomas’s Answer

    I'm assuming you are talking about having sex with a minor. The age of consent is 16 in Nevada. Therefore, you can have sex with a 16-18 year old, no matter how old you are, and it is not statutory rape. If the minor is 14-16 and you are under 21, statutory rape is a gross misdemeanor, and if you are over 21, it becomes a C Felony.

    If the minor is over 16, keep in mind you can still be charged with contributory delinquency and/or luring a minor if you are encouraging them to participate in adult activities against the parents' wishes.

    Short answer: it is always a bad idea to have sex with minors. If you want to avoid trouble with the law, wait until the minor turns 18. Then go nuts.

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  • How can I force an RV park to give me a check for $400 made out to me for a membership which I sold a week ago?

    Person in charge is said to be out on indefinite medical leave and I must wait until she returns to get a check made out to me. The park already collected their $300 transfer fee from the buyer.

    Thomas’s Answer

    You should probably wait until she comes back. The cost of any litigation would eat up $400 on day one.

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  • Who do you report a lawyer to when they are on the review bar for the state.

    There is not much to say! Can I go to the DA

    Thomas’s Answer

    • Selected as best answer

    Report him to the bar anyway. He will be excluded from the proceeding. Bar counsel is a separate entity from the committee, and will pursue a complaint they see fit and seek his recusal from hearing this matter. The DA will not help unless a crime was committed.

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  • What will happen to me if I have a misdemeanor for a battery domestic violence case?

    My boyfriend and I got into an argument and I tried to punch his shoulder but missed and he blocked my hand. He called the cops to scare me not thinking anyone would go to jail. When the cops arrived I was so distraught as to what I'd done that I ...

    Thomas’s Answer

    Anger management will not help your case. Also, they will pursue the case even if he does not want to testify against you. There are multiple phases of defense in a battery domestic violence case. You need a lawyer ASAP.

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  • Narcotics unit knocked on my door, pulled me out of the house put me in handcuffs, said they had me on two controlled meth buys

    Narcotics unit knocked on my door, pulled me out of the house put me in handcuffs, said they had me on two controlled meth buys and escorted me into my home. They told me if I cooperated it would all go away, searched my house as I told them to s...

    Thomas’s Answer

    Hire a criminal defense attorney. What you are doing when you give up your friends is called a proffer. You do not want to do this unless there is something on the table that benefits you.

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  • I took a drug test for a new job. The test results came back positive for drugs. I am drug free so the test were not mine.

    I retook the test at another test location on my own and it came back drug free but unacceptable to employer. I requested to retake at first location and was denied without the employers permission even after the doctor stated that I could retest....

    Thomas’s Answer

    You don't have any right to employment, so the employer is not bound to do anything for you, even if it is their mistake. Just stay drug free and keep trying.

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  • What kind of Lawyer do I hire to review all of our personal and business insurance?

    We have multiple policies: home, landlord, auto, umbrella, business, medical, etc. We do not have any outstanding claims but we want to make sure we are as covered as possible. I would like to hire an attorney to review all of the policies and lo...

    Thomas’s Answer

    This is a situation where the price tag would be relatively high for a lawyer. You would have to pay hourly to get a review of all policies. I would find someone with an insurance background. For instance, I worked at an insurance defense firm for a while, and you learn which companies request coverage opinions and are more likely to cover when the claim falls within a grey area. Many attorneys share this background, because many of us started by working for insurance companies and have written coverage opinions.

    That being said, I think you shouldn't hire an attorney here. Assuming you don't have a multi-million dollar business, you just need to evaluate your potential for risk balanced against the assets you have. You might want to start by sitting down with an insurance professional.

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