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Trisha Ellen Newman

Trisha Newman’s Answers

141 total


  • Can one out of the two members on a nonprofit's board of directors unilaterally kick the other board member off without consent

    Ive been in the process of starting a nonprofit in california for the past six months or so with one other partner. We are a registered 105c3 already but have yet to complete our 1022 form, and as we were both planning on making this our full time...

    Trisha’s Answer

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    There are quite a few issues here. The first being what is your incorporator doing with your director and officer appointments? Were they hired to rep the organization or your partner? I suggest contacting your attorney to find out what is going on. Also, you need two officers for your corporation and the president cannot also be the CFO. That means if you are secretary, you are also EITHER president or CFO. So in considering compensation, consider what it is you are being appointed to do since there are only two of you at this point. Also, mathematically, you need at least one other person to either be an officer or a director. Most non-profit boards don't pay their board members, only employees and officers, but it's not necessarily disallowed. You also need disinterested board members deciding what you and your partner are going to be paid. That means your partner will be deciding your pay but needs another director to decide their pay. Otherwise, the IRS is unlikely to approve your 1023 application. You are also technically not a registered 501c3 if you haven't finished and filed your 1023. You need to sit down with your incorporator and your partner and figure out what you are doing with this because non-profits are actually a great deal of upkeep for maintaining tax exemption, if that is what you plan to do with this. Generally only one officer sits on the board and that is the President/Executive Director. But as mentioned, there are a great deal of other problems you should become familiar with as far as your corporate compliance on a NFP/TEO. Good luck!

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  • Will a Court enforce specific performance on a written contract, 1/2 completed, on purchase of farm equipment ?

    Grandmother sold her ranch. Put 3 grandchildren in charge of selling the farm equipment. They ran an add. I agreed to buy 12 items. Grandmother kept 2 acres next door and said move everything to my 2 acres. I placed a good faith deposit, signed a...

    Trisha’s Answer

    It depends on your Agreement. If you signed an agreement which states that specific performance is not a remedy, and the contract is not somehow otherwise deficient or unenforceable, then no. You should consult with a civil litigation attorney and have someone review your Agreement.

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  • Can a person appeal the courts ruling refusing to strike a prior within the meaning of section 1385

    Before sentencing the defendant file a romero motion to strike a strike. so during the defendants sentencing the judge didnt even know a motion was file so when brought to his attention he said he don't have to state his reason for denying defenda...

    Trisha’s Answer

    Yes you can appeal it. A notice of appeal must be filed 60 days from the judgment and sentencing. However, the likelihood of winning the issue are small. It sounds like the court made a proper record of its reasons which the court of appeal is unlikely to disturb on appeal based on the abuse of discretion standard my colleague has already mentioned.

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  • What's the most time you can get for a petty theft misdemeanor and its your first charge? And your a minor

    I went to steal from the place more then once. But that's it's my first time being caught. If I tell the judge it was a mistake and I'm sorry will she/he just give me community service or will I go to juvy?

    Trisha’s Answer

    If you are charged with only petty theft then yes, I agree with my colleagues. My experience however is that they always charge 2nd degree burglary on juveniles to get more potential custody time to hold over your head. Make sure you are talking to your attorney so you are clear on your offer and charge.

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  • Two arraignments?

    After the first arraignment and several hearings, why would there be another arraignment scheduled?

    Trisha’s Answer

    I agree with my colleague. There is also a situation where the DA dismisses the case for a variety of legal reasons and then refiles it, so there ends up being another arraignment for the same charges to start the statutory time again.

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  • Is there a statue of limitation for armed robbery in california, if you leave the state?

    Suspect committed Armed robbery with a bb gun and left the state of California is there a statue of limitation or can he be prosecuted anywhere else?no one was hurt during the robbery what kind of charges is he facing. Is it federal.

    Trisha’s Answer

    2 issues: 1. Statute of limitations and 2. speedy trial rights.

    1. Statute of limitations on robbery is 3 years for filing. The DA decides during that period whether to proceed with charges. This can happen regardless of whether the person is in or out of the state. If it's filed and the person cannot be found, it will become a warrant. It could matter if someone runs for warrants in another state and they still face arrest and extradition to take care of the warrant here.

    2. speedy trial: depending on how long it takes to find the person, there are constitutional issues which may affect the prosecution after it is filed. It is a complex area that depends on the facts of the case, delay of prosecution and if prejudice occurred based on the delay.

    Short answer: leaving the state does not matter. If a DA is going to file it, they will. Robbery is a strike regardless of whether no one was hurt.

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  • Could I go to prison or jail for embezzling?

    I live in california an i was really stupid an decided to take money from my work. ( which i really regret an wish i never did.) I took money from my store an it was 390 $ is there anyway I could just pay back in restitution insted of doing time? ...

    Trisha’s Answer

    HR cannot send you to jail. They can turn over that paperwork to a DA and then the DA will decide if they want to file charges and then yes there is the possibility of jailtime. Some companies don't want to deal with that though and just will settle for the money paid back. If charges get filed, you will need to talk to an attorney and I'd attempt to work out the civil compromise which just involves paying it back. It is up to your employer though if they decide to report it.

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  • Can DMV issue you a drivers license and not tell you later it's invalid?

    That is totally unfair and could get innocent people into trouble. If they issue you a drivers license, they are saying everything is OK. But if something goes wrong, I feel it's there responsibly to inform you of any changes.

    Trisha’s Answer

    They normally will notify someone of suspension so long as the address is up to date on the license itself. The responsibility to file for change of address is on the person so they can communicate the information to you.

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  • Lied to help my mom get restraining order against my fiancee 3 years later the court is going to send him to jail for up to 6 mo

    lied to help my mom get restraining order against my fiancee 3 years later the court is going to send him to jail for up to 6 months due to unpaid fees and fines and missing an appointment with his PO, if i hadnt help get the restraining order he ...

    Trisha’s Answer

    You can hire an attorney to file a habeas petition on his behalf for new evidence that you lied and you can submit a declaration you lied. You would then be opening yourself up to criminal penalties for perjury. The habeas petition would also likely be unresolved until he was out unless the court was willing to put a stay on the incarceration until it was heard.

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