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Thomas Westwood Degn
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Thomas Degn’s Answers

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  • Questioning by Police

    In regards to any investigation when the police inquire into facts. Say they show up to your house and ask questions regarding a vehicle that you own and are informed that it was involved in a hit an run. What is the wisest thing to do when you ar...

    Thomas’s Answer

    I agree that you do not wish to make any statements. The police are trying to gather evidence -- against you. Do not do their job for them, or get locked into a statement that can be used to impeach you later. Simply tell them that you wish to speak to an attorney before answering any questions. If they have sufficient evidence against you already, there is a good chance they will arrest you anyway. But if they are just fishing for information, your silence doesn't make you guilty, no matter how much they harass you.

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  • Do I have a potential medical malpractice case?

    I have a history of kidney disease and was given an antibiotic not just by an urgent care physician but it was also refilled by my primary care physician who knows my history. This specific antibiotic is not usually given to kidney patients. It ...

    Thomas’s Answer

    It sounds like there may not have been permanent damage from the bad prescription, but you were certainly harmed by it. As stated, these are complex cases. Part of the investigation will have to do with the standard of care used for the location the doctor practices in. Fresno is not Beverly Hills, but it has higher standards than, say, Porterville. There are some good medical malpractice attorneys in Fresno. Get in touch with one to go over the specifics of your case.

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  • Spousal Privilege in California: Can A Spouse Testify FOR a Defendant-Spouse, But Refuse To Testify AGAINST That Same Defendant?

    My boyfriend got into some trouble. Again--he's got a few felony priors and already has 2 strikes in California. I'm a witness to his latest screw-up, and I'm worried that I'll be subpoena'd and forced to testify against him. My boyfrien...

    Thomas’s Answer

    I agree with what has been stated already. You'll basically "open the door" to otherwise privileged information if you try to use only beneficial testimony in your boyfriend/husband's defense.

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  • I was molested by my father 30 years ago. I never pressed charges and would like to pursue that now. What laws are there?

    I was molested from 1984 to 1988 by my father. He sexually raped and molested me. He fully penetrated his penis in me and forced me to perform oral sex on him. He did this on an almost daily basis to me. I was 13 when it started and 17 when I ...

    Thomas’s Answer

    As others have said, the timing on this is difficult. There are some circumstances where the statute of limitations for civil actions can be significantly extended out for those that were abused as minors. Talk to the police, get in contact with the organizations mentioned above and talk to an attorney. If you meet the criteria to extend the statute of limitations, a law suit will require two sworn statements from mental health providers that indicate that they have spoken with you an believe you are telling the truth.

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  • Is it legal for a minor in a relationship with an of age person to spend the night at his/her house, with parental consent?

    Is it legal if a minor (16) , spends the night at their of age boyfriend/girlfriends house with parental consent? And how many days would be considered as living together?

    Thomas’s Answer

    Spending the night and living together in and of themselves are not the problem, it's the sexual relationship that the law prohibits (and prosecutors would certainly infer from the arrangement).

    I'm not seeing a way around the requirements of PC261.5 which makes it illegal for UNMARRIED intercourse between adult and minor. A parent can consent to the marriage of a minor, which would would then make the sexual relationship legal, but I don't see how the parents can consent to the sexual relationship itself. I hope that helps.

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  • How to get house arrest

    I have court Friday for drug paraphernalia and under the influence. This was 4 years ago. I have kids now and am going to school, currently breastfeeding. I've had 2 prior chances, but was to sick to go to my pc1000 due to pregnancy complications....

    Thomas’s Answer

    Having two prior chances and not following through puts you in a position where you'll need to provide some compelling reasons to the judge for your failures to comply. However, you do have some circumstances can be helpful to your cause. Get an attorney to guide you through. Be ready to demonstrate that you have the means and ability to comply this time.

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  • What happens if i DON'T disclose that I have "accident insurance" and disclose only my "medical insurance" information?

    i was injured in a mva & have been using my medical insurance for treatments & medications i need. at a recent "benefits fair" an insurance broker explained that if i had coverage, i don't need to disclose that i have "accident insurance" in case ...

    Thomas’s Answer

    If your question is what disclosures do you give to the other driver (such as trying to look like you have no assets and are judgment proof), then it's probably a bad idea. You can end up being sued anyway and now your own insurance may question coverage due to your noncooperation. Most plaintiff's attorneys will require a sworn affidavit of no assets before they will consider taking a minimal settlement. Lying on an affidavit is Perjury and a felony.

    If you are contemplating suing that other driver, failure to disclosure your liability insurance may prevent you from recovering for pain and suffering.

    Based on the limited information you've given, I'm not seeing a scenario where the risks of nondisclosure outweigh the potential downsides.

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  • I was walking to my car and I fell on the grass which my apartment sits on. The landscaping had been cut wrong. What can I do?

    There is a big whole in the the grass where the landscaping has been pulled away and now there's a hole in that area. I didn't know that was there and I fell causing me to have my right leg in a cast. I can't walk, or even go to work. I am phys...

    Thomas’s Answer

    Premises liability/trip and fall cases can represent a challenge that you'll need an experienced attorney for. Whether or not the grass was cut in a manner approved/ratified by the landlord, whether the condition of the grass was so dangerous that it should have been fixed, whether the landlord knew or should have known about the condition are some of the questions that you should discuss with an attorney. The attorney will most likely involve an expert to review and determine if there is a case. Take the pictures and copies of you medical bills with you so you can have a complete discussion. Good luck!

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  • Hip replacement botched. post op appt dr. ask if i was in a gun fight between the time of the surgery and post op appt. WHAT?

    hip replacement botched. post op appt dr. ask if i was in a gun fight between the time of the surgery and post op appt. 11/11-2/12. This was obviously a crazy question to ask, and of course I asked why would you ask such a question. The Dr. cl...

    Thomas’s Answer

    I would sit down with an attorney that practices medical malpractice. Medical malpractice is a specialized area, and an attorney would need to know a lot more about what happened than you can post here. Whether or not this doctor met the standard of care is what is important, not his lack of bedside manners. You are also faced with some very important statute of limitation issues, so I wouldn't delay. You may have passed that time already.

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