I live in 300 apt complex signs posted this is a non smoking facility?: people smoke walking through hallways and big problem of apt next to me and the apt above them have company of 2 or more people and the smoke over comes my bedroom if I have sliding door open as I need air . I have heart condition and this has cause me illness bronchitis and coughing. I have complain to leasing office and they do nothing and smoke come threw the ventalation system also. Can I do anything about this .
Stanley's answer: You could file a lawsuit against your neighbor based on the smoke causing a public nuisance and an ongoing health hazard. Stanley Dale Radtke, Esq. 220 Montgomery Street, Suite 416 San Francisco, CA 94104 415-252-1234
is my brother's only chance to return to the u.s. a presidential pardon?: my brother was deported to the u.k. after living in the states for 48 years,he plea-bargained to a 2nd degree felony that happened in 1995,he recieved probation,but had it revoked for a misdemeanor driving charge,he then plea-bargained for a 1 to 3 year sentence,which he served.was released ,completed 2 years of parole and then was held by ICE,AND deported ,he was unaware that in 1996 the laws had changed(his 1st plea bargain for the original felony wasn't made until 2 months after the 1996 law change,he was unaware that he was not au.s.citizen,he believed that since he was apermanent legal resident for over 40 yrs he automatically became a citizen,and signed on all the plea bargain documents that he was a u.s citizenherefore he was never informed that he could be deported,if he wa
Stanley's answer: The President can only pardon someone convicted of a federal crime. For your question, it sounds like your brother was convicted in a Colorado State Court and a state conviction can only be pardoned by the governor of the state. However, if your brother made his plea without knowing the immigration consequences of doing so, he may have receive ineffective assistance of counsel ("IAC") by his criminal attorney and in some jurisdictions, this is legally sufficient to move the criminal court to vacate the plea. Our primary practice area is in California and California does recognize such IAC as a basis to vacate a conviction. I do not know the applicable Colorado law on this point. However, we could look into this question and advise you and your brother of what can done. Stanley Dale Radtke, Esq. Law Offices of Haitham Edward Ballout 1290 Howard Avenue, Suite 300 Burlingame, CA 94010 650-373-1122
Will I lose my unemployment if i sign up on social securty?: I am receiving unemployment , but i plan on signing up on social security now, in order to be receiving it by my 66th birthday, which is Feburary 2010. will I lose my unemployment just by signing up for social securty? can i draw unemployment and social securty at the same time?
Stanley's answer: The short answer is Yes. You must however, report your social security income to your state's unemployment board and they may reduce your benefit accordingly. Here is the answer direct from the Social Security Administration website. ******************************************************************************************************* Question? Can I receive Social Security benefits and Unemployment Insurance benefits at the same time? Answer Unemployment Insurance benefits are not counted under the Social Security annual earnings test and so do not affect your receipt of Social Security benefits. However, the unemployment benefit amount of an individual may be reduced by the receipt of a pension or other retirement income, including Social Security and Railroad Retirement benefits. You may wish to contact your state unemployment office for information on how your state applies the reduction. You can find contact information at the following Internet address: http://workforcesecurity.doleta.gov/map.asp ****************************************************************************************** Stanley Dale Radtke, Esq. 220 Montgomery Street, Suite 416 San Francisco, CA 94101 415-252-1234