I am a real estate agent and have a client with a home that is about to go into foreclosure. We got a cash, close quick offer and it came up that there is a judgement against the owner from a discover card. Can the deal close, pay off the mortga...
The best way to do this is to have the seller's lawyer contact the bank and the credit card company and negotiate a settlement with each of them which is less than the full amount of each. Usually, if the bank is going to foreclose, such a deal would be called a "Short Sale" and the bank will often negotiate a selling price from which they will accept a specific amount to satisfy the mortgage. However, with a separate Judgment on a credit card, that would have to be negotiated separately, but most companies will do that if an attorney negotiates the deal. Good luck.See question
If I am sitting near the pool talking to a female friend, and a drunk male comes up and literally gets in her face yelling and pushes her a little bit, and I come to her aid and push the guy down and restrain him until he calms down, can he attemp...
You are talking about what's known as a "Justification" defense, meaning you defended someone else from assault or harassment. Yes, you are legally allowed to do that, however, that doesn't mean that drunken male can't file charges against you. It does mean you have a valid defense against those charges. Often, once the prosecutor learns the true facts, they will dismiss the charges, seeing that you were defending another person, but sometimes you have to hire a lawyer to defend yourself from an improper claim. That's just the way things fall sometimes. Good luck.See question
Detective calls me saying I'm not in trouble but I'm a witness to something I definitely was not a witness to, sounds like they want me to be a character witness. Sounds like someone I was a passenger in a car accident with later went on to kill ...
First, you do not have to speak to the Detective any further. But you would be well advised to speak to a local attorney to see if they can resolve things for you with the Detective. Usually, when an attorney gets involved, the police are less likely to remain heavy handed.
If you saw something happen that eventually led to a homicide or manslaughter and you covered it up in some way, then you could conceivably "be in trouble" but it's not likely they could prove any such thing and are really grasping at straws trying to pressure you to assist them as a witness. But often witnesses are then treated like suspects if the police can't solve their crime in any other way. Call a good criminal defense lawyer - and it may be worthwhile to call a lawyer in the jurisdiction in which the case is pending, since they often know the police involved and can speak to them off-the-record more easily.
Good luck. Remain silent with the police - period!See question
Cop informed me I could get arrested for having asprin in my prescribed pill bottle. It had the prescribed medicine medication in the bottle along with two aspirins.
While there is no express law that says you cannot carry aspirin in a prescription bottle, it does leave you open to being arrested by police (because they don't believe you that it's aspirin and they think it might just be oxi or something else). You may ultimately be cleared by proving it was aspirin all along, but that is after you've spent time in jail and in Court and spent perhaps thousands of dollars on counsel fees and time lost from work. It is ultimately up to you whether you carry aspirin in a prescription bottle, but those are realistic facts that mitigate against the practice.
Good luck.See question
I was told it's illegal to secretly record encounters with the police, without the officer's knowledge. I know it's legal if they know you're doing it, but what about if it's in secret?
It is generally not illegal to video record public servants, but it is more of a practical issue. If the police discover you are surreptitiously recording them, they may react in different ways. Some will straighten themselves up and act more professionally and some will seize your camera, some will even destroy the recording and/or the camera.
If you are going to record the police, it is best to make sure the camera is not readily noticeable and/or it is undetectable.
It is also important to know that some states have laws prohibiting such videoing, but they would not likely stand up in a court of law or on appeal - but that is after being arrested, prosecuted, etc. all of which you would be better off avoiding - even if you eventually win..
So if you are going to video record the police, do it discreetly and carefully and do not point it out to the police at the time of any confrontation. It's just safer that way.
Good luck.See question
Ive been dating this 16 year old girl for almost 2 years now. I am currently turning 17 next month. We both love each other very much. I got into some trouble with drugs in my past but ive been clean for about 2 months now! And i will keep it this...
Sorry, but both of you are 16 and you have been directed to stay away from her by her parents. While it does not seem like you're doing anything wrong with her (such as having underage sex, etc.) at the present time, you can bet that's what her parents are worried about.
While this is hard to hear, especially at your age when you feel that you deeply in love, it would be best to abide by her parents' wishes and stay away from her at least until she is 17. If you do that, you will prove to her parents that you honor their position. If, after a year or so, you are still very much in love with her and she has turned 17, then she may be in a different position - and so may you.
You've already made a mistake of judgment with the drugs. I suggest you use this situation to prove you've really come back into line and abide by her parent's wishes. Then, you may be in a better position with them and with her as well, since she will see that you've honored her parents' wishes and remained in love with her.
Of course, this is not legal advice, but you may want to consider that almost everyone who is over 16 has gone through something similar - and it seemed like the end of the world at the time. But you'll soon discover that this is just another bump in the road from which you can learn an important lesson and prove yourself to others simultaneously.
Good luck.See question
My fiancé was sentenced back in September 2014 in federal court, now he's serving 12 years. State charges that were related to the federal charge were also pending but the Feds got to him first. He was first picked up by the State in March & allow...
The length of time depends upon the length of time of the statute of limitations in your particular state for that particular crime being charged.
Often a scenario like you described occurs because the authorities want to tie the person up in so many tangles that they can't fight their way free - just because so much is going on and it gets expensive after awhile to defend so many different things at once.
Your fiance needs to have an experienced criminal defense lawyer hired for him who knows how to negotiate with both the feds as well as the state authorities - at once - so there is no overlap and get a single deal out of it or get one charge dismissed, so the other can be tried. It sounds like they dropped the state charges once the federal charges came down, which is how they often do it - because the federal charges may carry more time with them than the state could achieve.
Good luck.See question
in a contested divorce at what dollar value should i be willing to go to trial verse settling, i mean if we are agreeing on most everything but the other side wants a big chunk of change or else they will want to go to trial, is there a dollar amo...
You really need to talk with your attorney about this one. The answer is highly fact dependent and without the actual facts, it is impossible to put a dollar figure on it.
However, on a general basis, it is almost always better to settle rather than go to trial in a divorce. Why? Because then you and your spouse get the chance to make up your minds as to how the entire thing will turn out - which takes compromise. Otherwise, if you go to trial, you'll leave the determination of your lives and those of your children's up to a stranger - the Judge, who really doesn't personally care about you or any of the other participants.
Also, it is not only about the money and possessions. It is about a financial dissolution of what was once a loving partnership. Get over the hurt and the fear and you just might have a chance to salvage your relationship with the children. Otherwise, you could win the battle and lose the war - and lose your relationship with those children as a result. It's not worth it in the long run. Do your best to settle the matter.
Good luck.See question
My girlfriend and I are 18 months apart, we want to have sex but I'm 18 and she's 16. Can we legally have sex?
No, you may not legally have sex with anyone under the age of 17 in the State of New York - even with their consent. The law made the determination they were not old enough to give their consent to have sex before they turn 17.See question
My case was adjourned to part c1
C1 is a courtroom in the District Court located at 99 Main Street, Hempstead. It should be on the second floor and is known as Part 1.See question