Questions answered by Derek B Simms

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What I need to do in order to get a ruling on the petition? Are three any lawyers that may be able to assist me?

Derek's answer | Answered on January 11, 2016

Not clear how long your petition has been pending, but a post trial motion not ruled upon within 60 days is deemed denied by operation of law. Rule...

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What kind of charges if any does the 26 yr old face. Can they mother press charges

Derek's answer | Answered on January 11, 2016

The mother may also have a significant civil, personal injury case against the 26 year old, even if the 16 year old doesn't want to pursue civil or...

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Will that hold up in court I also have fb messages

Derek's answer | Answered on January 08, 2016

No, it will not. The statement is what we call hearsay. Hearsay is an out of court statement, offered to prove the truth of the matter asserted....

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What do I do now!

Derek's answer | Answered on December 17, 2015

A lawyer would need additional information to address fault, but from what you have described, you have a better case against him then he would...

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When I reported it to my UIM insurer, did that trigger some type of obligation on their part?

Derek's answer | Answered on December 15, 2015

No, because the tortfeasor is an insured, rather than uninsured, motorist. Your UIM carrier has no legal obligation until you exhaust the...

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Other Party and I came to an agreement regarding payment outside court, FBI called and said I could expunge the case.

Derek's answer | Answered on September 21, 2015

I'm afraid you have in fact been scammed. Expungements are handled by the court system, not the FBI, and the FBI does not accept payments, through...

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I was not read my rights. Can the case be thrown out?

Derek's answer | Answered on September 14, 2015

Let me start by saying that I agree with everything my distinguished colleagues have posted here so far. If the police had a valid reason for the...

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I tripped over a homemade flooring that was lifted a couple of inches off the original flooring into a homemade brick grill that

Derek's answer | Answered on August 24, 2015

Please understand that Avvo does not permit lawyers to offer their services directly to you in this forum. There are many lawyers that would be...

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DUI

Derek's answer | Answered on July 29, 2015

Your license can be administratively suspended, meaning it can be suspended before you are convicted of any wrong doing, if you refused to take a...

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Can the police enter my home at any point without a search warrant?

Derek's answer | Answered on July 15, 2015

Search and seizure questions issues are complicated and depend entirely on the facts presented in each individual case. There are several...

Derek B Simms's Answers (222)

What I need to do in order to get a ruling on the petition? Are three any lawyers that may be able to assist me?

What kind of charges if any does the 26 yr old face. Can they mother press charges

Will that hold up in court I also have fb messages

What do I do now!

When I reported it to my UIM insurer, did that trigger some type of obligation on their part?

Other Party and I came to an agreement regarding payment outside court, FBI called and said I could expunge the case.

I was not read my rights. Can the case be thrown out?

I tripped over a homemade flooring that was lifted a couple of inches off the original flooring into a homemade brick grill that

DUI

Can the police enter my home at any point without a search warrant?