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Erious Johnson

Erious Johnson’s Answers

17 total


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

    I shoplifted a $4 bag a walmart. It was stupid I know. I apologized for it and we went into the room where they took the bag back from me and had me answer some questions. they told me I would be entered in there database and if I ever did it agai...

    Erious’s 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 sue you for the value of the item plus an additional penalty between $100 and $250. They may be entitled to the penalty regardless of whether you are actually convicted of theft. Also, Walmart does not have to waive their right to file a criminal complaint against you. So the fact you were not arrested then does not mean that an arrest warrant cannot be issued for you later. Since there was no arrest, this incident may not appear on a background check. If you fail to pay the civil suit, however, it could show up as a debt on a credit report. Once again, you should consult an attorney where you can discuss your options in a privileged setting.

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  • Resigning

    I resigned and gave 2 weeks notice, and am also bound by a 30 day garden leave policy, which states they will pay me for the 30 days and I cannot start a new job in that time period. Can I leave my job prior to my 2 weeks but still abide by the 30...

    Erious’s 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 you want to do, such as forfeiture of stocks, options or benefits.

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

    my 12 yr old son was called a cuss word an my son said it back. then that other boys dad came out and grabbed my 12 yr old son by throat an thrown down. also the officers that arrived said he harassed my son not assaulted him.

    Erious’s 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.

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  • Do I have any legal recourse if the hiring agency ultimately re-negs on our signed employment contract?

    On 4/26/13 I was offered a job with a non-profit agency, and signed an "offer of employment" contract (co-signed by the agency HR officer and Executive Dir.). Subsequently, I learned that I had passed all criminal background/reference checks, drug...

    Erious’s Answer

    I am presuming that your start date was after the date you signed the "offer of employment" and the dates indicated are typos. Oregon is an "at-will" state, meaning that an employer or employee may terminate employment for any reason or no reason without liability. Oregon courts have reasoned that since this is the case, there is no basis to sue for a broken promise of "at will" employment.

    Recently, however, the Oregon Supreme Court has held that "the at-will nature of an underlying promise of employment does not bar a claim based on promissory estoppel ... ." Cocchiara v. Lithia Motors, Inc., 353 Ore. 282, 292. Promissory estoppel is defined as "[a] promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires." Id. at 291. Whether injustice needs to be avoided, however, swings on how reasonable the promisee's reliance on the promisor's promise was. Id. at 292.

    Simply stated, if a jury finds that it was reasonable for you to have turned down other offers of employment because you relied on the company's offer of employment, you may be entitled to some form of recovery. The analysis is case specific and damages may be hard to quantify, so you will need to consult an attorney that handles labor and employment issues in the event you choose to go this route.

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  • 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.

    The incident occurred with a family member. PL 120.15 00 B Misdemeanor, 1 count, Not an arrest charge, Arraignment charge Description Menacing 3rd PL 240.26 01 Violation, 1 count, Not an arrest charge, Arraignment charge Des...

    Erious’s Answer

    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.

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

    The person who is firing their lawyer before sentencing date is saying they have to because the 6th amendment states if he doesn't fire his lawyer and continues with him till sentencing date then when he appeals he won't be able to add various rea...

    Erious’s Answer

    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 happy or content with one's lawyer, however, is not a basis to appeal a case. The person should definitely consult an appellate attorney who could give a more definitive answer once they hear all of the facts.

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

    I am a pro-se Plaintiff in a federal civil fraud case and I'm claiming personal injury and emotional duress damages in addition to actual financial damages. The court gave me a special envelop for this, but I think I'm suppose to file a motion, bu...

    Erious’s Answer

    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 these records. In response to the demand you could serve a motion for a protective order to limit access to any portions of the your records that you feel are irrelevant or unfairly prejudicial. At that time, you could request a judge to review your records in camera, to make a determination as to what should be turned over. You definitely should consult an attorney, it seems that you may have to engage in quite a bit of motion practice.

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  • Do I need a lawyer? My house was raided for a noise compliant but the cops smelled weed and came inside and searched the house.

    They found weed that wasnt mine and only gave me a summons for a noise complaint/party but then they found less than a gram of weed on me and gave me an appearance for possession of marijuana. What will happen? Do I need a lawyer? Will this stay o...

    Erious’s Answer

    According to New Yor Penal Code 221.05, "Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period." I would consult an attorney for answers to your other questions.

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  • How do I determine the date of injury while seeing a psychologist?

    While seeing a psychologist for sexual abuse I endured as a child, he crossed several major boundaries. I last saw him as a patient in 2007. He continued predatory behavior until March of this year. Do I count the date I last saw him as a patie...

    Erious’s Answer

    You could file a complaint with the Oregon Board of Psychologist Examiners. You may be able to apply for a Stalking Order or Restraining Order to prevent him from contacting you and to require him to stay a certain distance away from you. The statute of limitations for rape or sexual assault is 6 years in Oregon. So if you are alluding to something of that nature, the clock is ticking. If you are referring to something along the lines of intentional infliction of emotional distress, the statute of limitations is two years. You seem to be dealing with a highly sensitive situation. I suggest you seek a confidential consultation with an attorney who could better advise you after hearing all of the facts.

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

    can they use what they found to try and arrest me for them? or try to help them in further arrest?

    Erious’s Answer

    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 screen television and the police searched a drawer in a nightstand or the medicine cabinet and found the drugs, they have a problem.

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