Jeffrey Patrick Bassett’s Answers

Though this isn't my area of law, I think most counsel would agree with me that mold, which has an ability to turn the apartment "toxic", is a landlord's responsibility. Your duty as a tenant is to notify the landlord promptly and allow a reasonable period for repair/redress. If the landlord fails to act and the apartment becomes inhabitable, you may have no option but to advise that you will seek a company to fix the problem and deduct the funds from your next month's rent. If it does get...

If the charges (any of them) remain pending, you should hire counsel and attempt to plead down to lesser charges. That would remove one or some of these from the three-strike serious moving offense category (i.e., a DWLS 3 would not count as one of three serious offenses within 5 years).

I would suggest an attorney, and here's why: new case law just came out dealing with MIPs based upon breath alone, stating this is insufficient for a conviction. An astute attorney could fight this on your child's behalf.

At 17, I take it you weren't married to the child's biological father. If this is true, and as he has refused to sign the child's birth certificate and accompanying affidavit of paternity, he has no rights as father before any court of law. Filing a false report of abuse can land someone with a criminal charge, but that depends on the willingness of the state/city/county to prosecute the same. DCF is obligated to check out all reports of abuse and is simply doing its job. I can't answer why...

To add to previous answers, as the children appear to be in Florida, there are no "grandparents rights" (due to a change in law a few years back) unless (1) there is an ongoing dependency proceeding and (2) the children are NOT in the home with a parent. Given the facts as you lay them out, there does not appear to be a dependency proceeding ongoing at this time and the children are with a parent. While you may wish to directly consult with an attorney, it does not appear, under Florida law,...

Adding to Ms. Brine's comments, Washington also has a provision allowing one to attempt to enter into a compromise with the [alleged] victim (if the victim is willing)--the defendant would repay for the loss of the item and/or costs and the victim can sign an agreement declining to prosecute. Some stores won't agree to do this, but many will, and it would result in dismissal.

While it is not "illegal" for a child to live in the same home so long as there is no court order (criminal or otherwise) preventing it., that does not mean that, if DSHS (CPS) gets a call re: potential risk, it won't investigate and/or remove the child based upon the past conviction. Frankly, it's not unusual for the state to do so and then seek court approval (the alternative being doing nothing and risking front page negative press). I like to think DSHS tries its best to protect children,...

While I respect email2020's right to respond, I don't agree with the assessment that you should not call in an abuse report lest the child be molested in foster care. First, there is a statutory duty to call in known or suspected abuse. Second, the child would not go into foster care if there is a suitable relative placement available. Foster care is a last resort. Third, institutional abuse/molestation is the exception, not the rule. Most foster parents provide very loving homes, and to...

Mr. Nguyen is right on target. There was a recent report on NPR about the IRS and its willingness (because of the economic issues surrounding and affecting all of us AND the gov't) to deal with people (i.e., possibly agree to a compromise on your taxes, if past due). It's always best to get a tax attorney to help you with this. First, of course, you need to do the taxes for each missing year and determine where you owe and where the gov't owes you. (Needless to say, if you owe and you're...

One thing you must understand is that a finding of dependency doesn't have to rest on a determination that a child is abused. The court can determine dependency on a finding that a child has been abused, abandoned or neglected, or is at a risk of the same, OR does not have a parent or legal custodian capable of providing care for the child. Without knowing the facts, I can only surmise the OAG/CPS was trying to settle the matter by allowing you a consent to dependency on grounds of the "...