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Oscar Michelen
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Oscar Michelen’s Answers

1,207 total


  • What can happen?

    I've been messaging my friend he's in his 20s and I'm 15 nothing is going on, he took me out to a movie and we went Latin dancing. He can't get in trouble for this right?

    Oscar’s Answer

    As long as you are not talking about or engaging in sex or exchanging sexual pictures nothing you describe is illegal.

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  • Will I need a lawyer, or will a public defender be able to get me an ACD just as efficiently?

    I was with two friends in a parking lot smoking a couple joints, and we were caught by two officers. They cuffed us and brought us to the holding cell, we've been finger printed and photo'd. The officers said we shouldn't worry, and that we would ...

    Oscar’s Answer

    In Nassau an ACD is the likely result. With a marijuana ACD, the case will stay open for one year and provided you are not arrested on anything new, the matter gets dismissed. Having a private lawyer however is always in your interest as the case process goes smoother and there could be issues with the case that an experienced lawyer may use to get a better result than a marijuana ACD .

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  • My lawyer just submitted a motion thats about to vacate me with the Manhattan court

    I was wrongly acused of a sex crime that turn out to be a lie

    Oscar’s Answer

    Congratulations! Do you have a question?

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  • What happens if I fail to get fingerprinted and photographed for petit larceny before my court date and don't show up in court?

    It is my first time shoplifting. I will never again do such a thing. But I missed the days I had to be fingerprinted and photographed. Should I still show up in court? What would happen if I don't show up? If I do get arrested how long will I be a...

    Oscar’s Answer

    Yes show up and ask for more time to get fingerprinted and photographed. Otherwise an arrest warrant will issue. You should go with a lawyer as well. Things are more serious in Nassau County than other parts of the metro area but shoplifting cases can usually be worked out without a criminal record depending on the value of the property allegedly taken. Use Avvo to find a lawyer in your area as soon as possible.

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  • I designed a logo for a client, ex-friend. He is now using the logo on collateral and websites but is refusing to pay me.

    We did not have a contract but only a verbal agreement since at one point he was a close family friend. Obviously this is no longer the case. Can I sue him for copyright infringement and is it worth it? Here's the logo displayed on his website: ht...

    Oscar’s Answer

    You don't need a written contract to enforce a contract (though it helps). Your issue will be how do you prove what you did for him and what you agreed to. It is hard to assess whether it is worth it without knowing more about you and him and the details of your arrangements. It sounds like you may have had a traditional "work-for-hire" arrangement but for him to claim that this is not your original work but rather work for hire may be difficult if he does not have that in writing. You need to sit down with an IP lawyer in your area to assess what are the next best steps as litigating can be costly.

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  • I need to talk to a lawyer about a Publishing Contract. A publishing company wants to buy my husband's book.

    The publishing company suggested we have a lawyer look over the publishing contract and I'm not sure where to start. We would like to deal with someone in the Bellevue WA area or Seattle.

    Oscar’s Answer

    You can use Avvo to find a lawyer (preferably in your area but not necessarily so) or go to the Writer's Guild for a reference

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  • Idea / Expression Dichotomy - Factual Works

    Hi, I'm a self-published author. I have written a guide on a particular area of medicine, as it relates to an area of law. I have a competitor who is claiming I "copied" his material and am "infringing" upon his works. My problem is th...

    Oscar’s Answer

    It would be nearly impossible to answer this question in a vacuum like this. An IP lawyer would need to examine what you wrote and what he wrote as well as any other examples you may find of others who used substantially the same language. Furthermore, any IP lawyer would also want to see his claim and analyze if he can establish originality or protectability etc. Use Avvo to find an IP lawyer you are comfortable with in your area who can offer some guidance as there are several avenues you can go down - a letter from that lawyer to the claimant; or even filing a lawsuit declaring that your work does not violate his alleged copyright.

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  • My director wants me to have sex?

    He said it was a pornographic film and that my role included a sex scene, but the contract obviously didn't mean real sex or that would be prostitution! What do I do now that he is asking for real sex? I want to take legal action!

    Oscar’s Answer

    Actual sex on camera is not prostitution thanks to the First Amendment.[There isn't enough time or space here to get into erotica vs. pornography vs. obscenity) So unless you are under 18, you can't take legal action. You can however reject the role.

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  • What should I do? Sincerely, Ted

    I'm being threatened with a lawsuit for copyright infringement. I am the owner of a one man dental laboratory. Eight or Nine years ago someone created a website for me. At that time he picked a picture that was amusing from a dental magazine...

    Oscar’s Answer

    Take a look at the website below which specifically deals with these types of claims. You can learn all you need to know about their methodology and practice etc from perusing the forums. www.extortionletterinfo.com

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  • If someone posts embarrassing videos of me online (not porn) to humiliate me, do I have legal options to remove them?

    If someone posts embarrassing videos of me online (not porn) with the intent of humiliating me, do I have legal recourse to shut them down / remove them?

    Oscar’s Answer

    As long as the videos were taken legally -meaning not by hidden camera in a place where you would have an expectation of privacy (like a bathroom or a bedroom) you probably have no recourse. But you should sit down with an IP lawyer in your area who can see the video to determine if you have any recourse or way to take it down.

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