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William Wilson’s Answers

75 total

  • My 16 year old sister sent topless pictures to an 18 year old guy, can she get in trouble if we turn this in?

    He is making threats to post said picture online.

    William’s Answer

    I assume your sister sent topless pictures of herself. Some prosecutors could argue that she was distributing child pornography, although others might exercise discretion and not do anything with it. But, the other guy could have a bigger problem in that if he posts the pictures he's more likely to face charges of distributing child pornography.

    What I would advise a client to do is to work with an attorney who has a good working relationship with the prosecutor's office to see if there's a way for your sister to come in and not get charged in the process—if everyone feels that the guy needs to be reported. In many cases, a letter from an attorney threatening an invasion of privacy lawsuit and possible criminal charges can work wonders.

    All of that said, I would suggest you consult with an attorney so that all facts can be explored before a decision is made.

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  • If a defendant with a counter-claim states one thing in the counter-claim and recants during trial, what happens?

    The defendant made a serious charge in the counter claim court document, came to court and recanted, saying it was an error. How does a judge normally respond to this "change" as to the outcome?

    William’s Answer

    Every judge is different, so it's hard to say how a hypothetical judge would respond to this change. It also depends on whether this was an allegation of fact or a legal theory presented. Generally, pleadings are "notice" documents and not evidence. We sometimes make allegations in a complaint that we think are true but we later find out are not. A judge could be irritated, uninterested, or relieved that the change simplifies the case. The judge might also appreciate the other party's candor. Again, it's hard to say how the judge in your case would react without knowing the judge.

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  • In the state of Indiana do you have to wait to get remarried

    My husband was granted his divorce from his previous wife may 25th 1995 the same date in which we got married. Was this legal

    William’s Answer

    Assuming that we're referring to Indiana law, the answer could be yes or no. Many courts do not include a time when a divorce decree is entered. It could be signed in the morning, or it could be signed in the afternoon. It's at the moment that the judge signs the divorce decree that the marriage ends. So, if you got married before the judge signed the decree, it might have been illegal. Whether this means your marriage is void or voidable is a question that you really need to explore with an attorney familiar with the courts where the divorce was granted and where you were married just to make sure there was no overlap between the two marriages.

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  • Will this make me look bad in court?

    I met a guy on a dating site and he wanted to meet me. So I took my one year old with me. His dad told me not to take our son in case the guy was dangerous. But I told him that my friend told me it would be okay to take my son. My ex bf acts like ...

    William’s Answer

    I agree that every judge will look at things differently. However, the most prudent course of action is to not continue this sort of activity. Consider that for a young child, a new adult "friend" can be somewhat like a puppy. Children can grow attached to the person, and if the relationship dies, the child can feel like the person has abandoned him. It's usually best to allow the relationship some time to become stable before introducing younger children to your significant other.

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  • Can I get parental rights taken away from my son's dad?

    My son is 6 years old. His father was around when my son was little but has not seen him in over 4 years. He does not pay child support, which he is suppose to. He filed to have visitation rights reinstated about 3 years ago but did not show up to...

    William’s Answer

    Every case is different, and there could be other facts here that might change my opinion.

    Generally, I agree that a step-parent adoption would be one way to terminate the parental rights of the father. It sounds, however, like the father has not done anything for the last three years. Sometimes it is better to let sleeping dogs lie. The longer the father goes without any contact with his son, the less likely a judge is going to be willing to grant "full" parenting rights immediately.

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  • Can responses to interrogatories be emailed to Plaintiffs attorney?

    I am currently in the discovery process and the deadline for me to respond to Plaintiffs interrogatories is in two days. Im pressed for time. Can I email them to the attorney, or is it a must that I mail them? Thank you.

    William’s Answer

    I am not licensed in Michigan, therefore you should not rely on this answer as legal advice. I can offer a bit of guidance to help you find the answer, however.

    Every state (as well as the federal court system) has rules of court. Sometimes known as trial rules or civil rules of procedure, these rules govern things such as your discovery responses. You would want to look at the rules that discuss Time (as in computation of deadlines) and Service. Some jurisdictions have a rule that adds three days to the standard time period if you were served by mail, for example. Some jurisdictions also have a rule that says a document is served as of the date of mailing, not as of the date of receipt--meaning you could mail the responses on the day they are due if such a rule exists in Michigan.

    The rule that discusses how to serve opposing counsel may also supply the answer to your question about using email.

    Finally, in most cases, you could consider filing a motion with the court asking for an additional small number of days to respond to the interrogatories. These motions are routinely filed and granted if you can make some kind of showing that you've made a good faith effort to meet the deadline but that additional time is needed. The shorter the extension you request, the more likely it is to be granted.

    Be aware that since you are acting pro se, many judges will hold you to the same standards as licensed attorneys. I therefore strongly encourage you to find the relevant rules of procedure online and review them.

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  • What happens when the child doesn't form a bond with the non custodial parent?

    My daughters biological father hasn't seen her in almost all her life and took me back to court for visitations. She is 2 and a half. He got three days a week for two hours supervised visits. My daughter calls her step dad daddy because he has bee...

    William’s Answer

    This is a tough situation, but keep in mind that a 2-and-a-half-year-old should not get to make the decisions about whether she sees her biological father or not. If you surrender that authority to her, you lose your authority as a parent to enforce your own rules.

    Why the biological father has suddenly become interested is hard to tell. I have seen cases where the "interest" is pushed by other family members, but the biological parent isn't really interested. I've also seen cases where the biological parent has a light bulb go on and realize it's time to start being a responsible parent.

    It's impossible to say what the judge will decide in this case because we don't know how the relationship will develop. Whether we like it or not, the biological father has a legal right to a relationship with his daughter--even if it's not a strong relationship. [He also has the legal duty to financially support his daughter, which is where child support comes in.]

    Some children are very, very slow to warm up to unfamiliar people, others do so more quickly. As your child grows older, she will know which adult male fulfilled the role of being a father, regardless of biology. For your daughter's sake, I recommend you "go with the flow." Her biological father may end up losing interest, or the relationship may develop and become a little stronger.

    The worst thing you can do for your daughter is to suggest to her in any way that she shouldn't see or have a relationship with her biological father.

    The largest truth in this matter is that the law (and courts) is poorly equipped to solve problems in cases like this. The issues are human, personal ones, and when we involve the law it can often be like trying to put a square peg into a round hole.

    Take a look at the web site I've linked to below. It's free and confidential (and I have no relationship to it at all--it's simply a very good resource). You may want to refer the biological father to it as well. If the two of you can come to some agreements on his role in your daughter's life, she will benefit greatly. After handling family cases for over 20 years, I can tell you that the LAST thing your daughter needs is to have her parents constantly fighting and heading off to court.

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  • I'm a customer at a gas station, when i guy comes out the blue and assaults me! The store caught the act on tape, police called!

    The police made a police report! a few days later a guy has the store video on youtube where he edited it! he shortened the video up and added Mortal Kombat effects to the video. the video is on youtube with close to 4500 hits in a week! a commer...

    William’s Answer

    You may have a possible claim, but one thing to consider is that by filing a lawsuit you might bring much more attention to the video and cause the number of views to skyrocket.

    I would consult with an attorney in your county to discuss the issue in more detail.

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  • Can I press charges for ex recording sex without my knowledge or consent, and then sharing video with coworkers?

    Ex recorded us having sex without my knowledge or consent about a year ago then showed video to my coworkers around the same time, he denies doing so and may have deleted it, but I have at least two coworkers that claim to have seen it. Can I pre...

    William’s Answer

    To follow up to my colleague's answer, the first step would be to contact your local police (which is what the prosecutor's office will tell you to do). The police should prepare a report and forward it to the prosecutor's office for review. That office would then decide whether a crime has been committed and whether charges should be filed. (A prosecutor might decide a crime has been committed but decide not to file charges if he or she believes proving the case beyond a reasonable doubt is impossible.)

    You might also have a civil claim for invasion of privacy/intentional infliction of emotional distress. This is a question that would be worth your time and possible expense in consulting with an attorney in your county.

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  • Invasion Of Privacy?

    A neighbor has a security system that he uses to spy on me. The range extends 100 feet into my yard for a distance of about 300'. I use a small flashlight to put food into my carport for stray animals-particularly feral cats (that also includes...

    William’s Answer

    The one piece of information that is missing here is what kind of security system your neighbor has. If it's a video surveillance system then you might have an invasion of privacy issue. If it's merely a motion sensor that turns lights on, it's doubtful.

    Invasion of privacy cases are very fact-sensitive, and they really can't be analyzed in a setting like this. You may wish to consult with an attorney in your county to get a better answer to your question.

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