Erious Johnson’s Answers

Erious Johnson

Salem Personal Injury Lawyer.

Contributor Level 5
  1. Car rear-ended a commercial truck that I was driving temporary for a company can I legally sue for back pain?

    Answered over 1 year ago.

    1. Ryan M. Finn
    2. Brian C. Pascale
    3. Anthony A. Ferrante
    4. Jason Todd Studinski
    5. Erious Johnson
    6. ···
    12 lawyer answers

    Workers compensation Law will prevent you from suing your employer. In New York, a hit in the rear is negligence "as a matter of law," unless the other driver has a non-negligence reason for colliding with you. You also have to meet the "seriouys injury" threshold, which is outlined on Insurance Law section 5102(d). Visit a doctor and make sure your treatment is meticulously adhered to and documented.

    8 lawyers agreed with this answer

  2. The police found drugs in my home when searching for stolen property from a search warrant for specific items can they use that?

    Answered over 1 year ago.

    1. Erious Johnson
    2. Jay Bodzin
    3. Thaddeus August Betz
    3 lawyer answers

    I agree, with some additions. "A warrant authorizes a search only in a manner which is necessary to find those items specified in the warrant." So it depends on what kind of "stolen property" was specified in the warrant and where they found the drugs. If the drugs were in plain sight, they are admissible. If the drugs were in a place were the police would not have found what the search warrant specified, they may be suppressed. For example, if the search warrant specified a 40" flat...

    4 lawyers agreed with this answer

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  3. What to do with a witness lying?

    Answered over 1 year ago.

    1. Erious Johnson
    2. Christian K. Lassen II
    3. Andrew Daniel Myers
    4. George Costas Andriotis
    4 lawyer answers

    If this is a hearing, you should present your evidence to the Administrative Judge. The Judge will determine whether your evidence is relevant and decide what weight to give it. If these depositions are being taken in preparation for a trial, you may have to wait until you or your attorney has a chance to question this witness and impeach them with your evidence. Whether you will be allowed to do this, however, will be up to the judge presiding over the trial. You may also have a chance to...

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  4. What will happen now that I was caught shoplifting at Walmart?

    Answered over 1 year ago.

    1. Erious Johnson
    1 lawyer answer

    I would suggest not posting any more facts about your situation ANYWHERE and consult a criminal attorney. What you have stated already amounts to theft in the third degree since the item was less than $100. This is a Class C misdemeanor, which could subject you to a fine of up to $1250 and up to 30 days in jail. Walmart could file a criminal complaint against you since I am sure they took your information. The civil suit is one for damages for shoplifting, which gives Walmart the right to...

    3 lawyers agreed with this answer

  5. My brother is being charged with PL 120.15 00, PL 240.26 01, PL 120.00 01 Sentencing will be? Never been arrested before.

    Answered over 1 year ago.

    1. Erious Johnson
    2. Eric Edward Rothstein
    3. Mayo G. Bartlett
    4. Edwin Drantivy
    4 lawyer answers

    There is no way to predict what any sentence will be. But under New York Law, Class A misdemeanors carry a maximum sentence of one year in jail, Class B Misdemeanors carry a maximum sentence of 90 days in jail, and Violations carry a maximum sentence of 15 days in jail. You really should consult with an attorney that handles criminal matters and verify this information.

    2 lawyers agreed with this answer

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  6. What kind of lawyer do i talk to about my son being assualted by a adult

    Answered over 1 year ago.

    1. Erious Johnson
    1 lawyer answer

    Harrassment is a crime where one "[h]arasses or annoys another person by: subjecting such other person to offensive physical contact," which could subject him to arrest and prosecution. It sounds like the adult comitted a "battery" against your son, which is a "voluntary unlawful physical touching," and a civil matter between you and him. You could consult a "personal injury" attorney, who could review the specific facts of your case and give you possible options.

    2 lawyers agreed with this answer

  7. I am a pro-se litigant and need the judge to review my medical records in camera.

    Answered over 1 year ago.

    1. Jay Bodzin
    2. Erious Johnson
    3. Constantine D. Buzunis
    3 lawyer answers

    Since you are claiming personal injuries, you have put your medical history at issue. So the defendant may claim that you have waived any privacy interests regarding your records, so they are entitled to discovery of these records. They are not entitled to any records, however, that are irrelevant or unfairly prejudicial to your case. You could wait until defendants serve a discovery demand on you for these records, you would have to provide an authorization form before they could obtain...

    2 lawyers agreed with this answer

  8. One question need a honest answer I'm not experienced with law so I would like someone to understand me as well as possible.

    Answered over 1 year ago.

    1. Erious Johnson
    2. Peter Christopher Lomtevas
    2 lawyer answers

    It sounds to me like the person you speak of may want to appeal his case based on a claim of "ineffective assistance of counsel," which would fall under the sixth amendment. He does not have to fire his lawyer to appeal on those grounds. He can obtain an attorney who handles criminal appeals, and that attorney could make the necessary arguments. Whether or not he fires his lawyer at this stage should not affect his ability to make that claim or any other claim for that matter. Not being...

    1 lawyer agreed with this answer

  9. Infringement of privacy Question

    Answered over 1 year ago.

    1. Erious Johnson
    1 lawyer answer

    If you took the actual photograph, you are the "author" and own the copyright to that photo. So, with some limitations, you can reproduce the photo, make derivative works of the photo (which may include "graphic changes"), distribute the photo, and display the photo. However, if someone hired you to take the photo, THEY would be the "author" and own the copyright, unless you have "agreed otherwise." And you MAY have infringed their copyright. If you are the "author"--in order to properly...

    1 lawyer agreed with this answer

  10. Resigning

    Answered over 1 year ago.

    1. Erious Johnson
    1 lawyer answer

    New York is an "at will" state, meaning that either an employer or employee may terminate employment for any or no reason. Also, forcing someone to work for them against their will is "involuntary servitude," which is unconstitutional. Even if you left, however, the non-compete clause, the garden leave policy, may still be effective. You should have an attorney actually read the policy and its terms to see if your circumstance is expressly covered. It may contain penalties for doing what...

    1 person marked this answer as helpful