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James Robert Mortland
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James Mortland’s Answers

93 total


  • Criminal protective order violated and best action to get law enforcement , the DA, and probation dept to act on it.

    california violation, but under oregon probation dept. everbody happy to get him out of state of ca. 10 year order started 1 year ago, has emailed me today. first contact, but he won't stop once he starts.

    James’s Answer

    Contact the police and the district attorney. A violation of a court order is very serious and you don't have to take the abuse nor should you be scared.

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  • I went to chinese herbal "Doctor" who ended up burning my skin and tried to get me to take my clothes off, what can I do?

    He claims to be a doctor and since regular doctors havent helped me so far ( I am disabled) I decided to try alternative medicine. This "doctor" crossed the line when one of his so called energy treatments burned me and I feel violated by his act...

    James’s Answer

    First, stay away from strange doctors. Second, this sounds very serious. If you were sexually battered, this is a felony and can be prosecuted if you go to the police or the district attorney. You may also file a claim with the witch doctors licensing agency- you can't call yourself a doctor (unless you're Dr. Pepper or Scholl) without a license to practice medicine. Finally, you may have a civil claim if you sustained injuries that can be quantified. Good luck.

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  • TBWD process

    I got my ticket in the mail. I am going to do TBWD. What is the process? 1) Fill out TR-205 2) Write essay explaining my side 3) Pay the lesser amount. Not the traffic school amount (higher amount) Am I missing anything/

    James’s Answer

    You are not missing anything. You also should keep track of this because if you lose the TBWD, you can ask for a trial de novo and get another chance. Be careful because this is time sensitive.

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  • Second Drunk in Public while on Probation,. What are my options if I try to fight this conviction and If I plead No Contest?

    I am on probation for DUI, and for another Drunk in Public. I have been regularly attending meetings since I started getting arrested and am trying to work the program but I made another mistake. If I face jail time, i will lose my job. I a...

    James’s Answer

    You can find low cost attorneys at the local bar association. However, you might want to consider an alcohol program. Either in-patient or out-patient. The court will be much less strict if you admit you have a problem and get help on your own.

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  • Incorrect DUI report

    Police officer asked me to do breath test. I did. He accused me of tampering with the machine. I was not. He then told me my only other choice was a blood test. I was not able to make up my mind. He wrote it down as refusal. After all that he c...

    James’s Answer

    You should contact a DUI lawyer ASAP. Act quick because you only have 10 days to request an aps hearing with the DMV. If you do not request a hearing, they will likely suspend your license for a year.

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  • Missing out on career opportunities due to car accident.

    I was rear-ended on Nov 2. I suffered whip lash and other muscle sprains and strains. I am in physical therapy working on getting better. Prior to my accident I was pursuing a career in law enforcement and had made great progress. As of yesterday ...

    James’s Answer

    I would never advise someone to be a police officer. However, these lost wage and opportunity claims should be looked at by an attorney. It is unwise to handle this yourself.

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  • Are there in los angeles free or low income legal clinics

    That help with getting a security deposit back? I called LAFLA but they said there is no legal clinic that would help with that. They say it doesn't exist. Is that correct?

    James’s Answer

    Contact the bar association. The local bar has great resources for this exact situation.

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  • Do AVVO ratings really mean much, and how do you find out a lawyer's win/loss record when it comes to trials in a certain field?

    Trying to decide on which lawyer to use to argue/dispute a trust.

    James’s Answer

    Avvo ratings are a good place to start. However, only avvo knows their algorithm. The best advice is to meet the attorney face to face.

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  • Is a "statement of participation" in therapy or DV program hearsay? How do I rebut custody presumption w/o "hearsay"?

    I was falsely accused of DV by my ex-husband and need to overcome rebuttable presumption to regain legal custody (I was granted physical custody b/c mediator said I was a battered woman and my ex was using court as a tool to control me). Anyhow, I...

    James’s Answer

    Hearsay is an out of court statement offered for the truth of the matter asserted. Here, the DV classes could be introduced for other reasons than the truth of the mater.

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  • I am buying a used car from a private seller. Can he charge me interest?

    The car was 3500. I put 1500 down and have been paying 200 a month for the last 7 months. I thought I was almost done so I asked for the payoff amount and he said it was 3100!!

    James’s Answer

    If you agreed to pay interest as part of the contract, pay the interest and keep your end of the promise. Keep your word.

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