My children's father is in jail and I refuse to testify that could jeperdize any future of coparenting and giving our kids a happy life..
The Fifth Amendment to the United States Constitution provides, in pertinent part, that "No person. . . shall be compelled in any criminal case to be a witness against himself." The shorthand way we refer to this is the Fifth Amendment right against self-incrimination.
A person subpoenaed to give testimony in a legal proceeding may only exercise his or her right against self-incrimination under the Fifth Amendment if the testimony would tend to incriminate him or her. A person who is asked to testify to what he or she observed with respect to some other person's words or behavior does not have the right, under the Fifth Amendment, to refuse to testify. It is common for the judge to inquire into the exercise of the Fifth Amendment right against self-incrimination, and if the testimony would not tend to incriminate the person asserting the right, the judge may instruct the witness that he or she must answer.
A spouse has the privilege to refuse to testify against the other spouse, and that privilege may be waived; but it does not apply where the couple is not legally married.
Not legal advice, just general information. If you need legal advice upon which you can rely, contact a Vermont lawyer for an in-person consultation based on all the relevant facts and circumstances, not just those disclosed here.See question
I received a civil complaint from a Fish and Wildlife officer in Vermont for following too closely. The officer did not pull me over at the time of the incident, and he did not call to State Police to stop me, instead he mailed me a violation. Sin...
When you say, "I am assuming he is issuing this as a civilian and not an officer," I am having trouble making sense of what you say. The people who issue citations for 23 V.S.A. section 1039, Following Too Closely, are law enforcement officers. Non-law-enforcement officers do not write tickets. You have been issued a ticket by a law enforcement officer who witnessed you following another car too closely. If he cared enough about it to mail you a citation, he probably will show up at the Judicial Bureau hearing to testify if you challenge it. But you have the right to challenge it, and if he shows up, it will be his word against yours.
Here is the statute:
Good luck.See question
the owner is out of the country, no one in the home was injured,i was not under the influence, im 56 yrs old , i have no real assets, and i think significant damage was done to the home, a police report was filed,what can i do and what can the hom...
As a practical matter, a person who suffers property damage as the result of another's negligent breach of a duty of care may sue the person whose negligence caused the harm, and may obtain a judgment against that person. The person's assets may be attached to satisfy the judgment, and the person's wages may be garnished. A person whose home suffers damage in the manner you describe may have homeowner's insurance that would make them whole, but then the insurer would generally have the right to sue the negligent tortfeasor to recover what was paid out.
As to the question of what the consequences are in Montana of driving without insurance, the following link discusses those consequences: https://www.valuepenguin.com/auto-insurance/montana/penalties-driving-without-insurance
Not legal advice, just my two cents. I practice law in Vermont ONLY. If you need legal advice, please consult a lawyer who holds Montana licensure.See question
These questions are for my presentation i'am doing for speech class for my future career
Sorry, the purpose of this forum is to provide general legal information for people with legal problems. If you want to research what lawyers do, there are plenty of sources available to you on the web.See question
Wife was awarded house, but court said they could appeal the retirement accounts and not the real property that pertain to house and land.
The question whether remand by the Vermont Supreme Court to the lower court for a new trial is likely, is a question that can only be answered by a lawyer who knows the law and who has reviewed the trial transcript, exhibits, and judgment. There are no general answers.See question
Divorced as of april 14th. Had sheriff serve ex husband with trespass papers.. sheriff said he had a 30 day stay. Wondering how true this is.
First question that occurs to me is whether the final order of divorce is still able to be appealed because the thirty days from the date the clerk entered the judgment have not expired. After a final judgment, the clock starts to tick on the thirty days from the date of entry which the parties have to appeal the judgment. As long as there's time left to appeal a judgment, it's not a final judgment, and generally speaking a judgment is not enforceable until the time left to appeal has run out.
Just general principles, not legal advice. To obtain legal advice based on all the relevant facts and circumstances, schedule a confidential consultation with a Vermont lawyer.See question
Question. I just got my car registered, and Insured. I couldn't get it inspected cause I needed to get an exhaust put on. So I ran it to my buddies (whom has an exhaust for it) and we took it up and down the road. The cars loud, we drove by a ladi...
There is this notion of "pressing charges" which everyone seems to have. The reality is that someone with knowledge of a crime can report that knowledge to the appropriate agency of law enforcement, i.e., the police. The police investigate reports of crime, and the prosecutor, i.e, the State's Attorney's office, decides whether to bring charges. So if you were choked, you can report that incident to the police.See question
I was injured on the job and was granted a commodation to a different position and was suppose to be made whole which I won my grievance for that. But I haven't been place in my proper place far as my seniority is concerned but come to find out th...
The thing about unions is that you can't sue them for negligence. Unions owe members a duty, but it is not a duty of care; it's a duty of fair representation. The problem is that unions have to look out for all their members, and sometimes even though a union member has a right to grieve, the union may decide not to press the grievance or take it to arbitration because they decide something else is more important. It can be very frustrating. Maybe you want to call your county bar association and get a referral for a consult with a labor lawyer who can listen to your story and tell you whether s/he thinks you may have a remedy. Be prepared to pay the lawyer for the consult.
Good luck.See question