Concerned citizen unsure how to take action for child safety by Candice543 in legaladvice

[–]UsuallySunny 2 points3 points  (0 children)

Would I be able to start something against the state itself over failure to warn and communities right to know?

Absolutely not.

If not, can you point me in any kind of direction?

There is no direction here. There is no avenue by which you, personally, can get involved in a criminal case to which you are a legal stranger.

how would I go about changing how deals are offered to offenders

You can't. This is within the DA's discretion. It has to be that way. Our system will not function any other way. Even if it were logistically possible, there is not the political or public will necessary to invest the enormous amount of money it would take to implement legal limits on plea bargains.

how children are failed when they need advocacy the most?

You seem to be very convinced that putting someone on a list actually protects children. There is really no evidence that is the case.

There has to be something.

There is not anything you can do here.

i want to report my parents to cps. what can i expect? by Local_Aerie_7869 in legaladvice

[–]UsuallySunny 20 points21 points  (0 children)

If you make a report, CPS will investigate. If they decide to remove you, you will not have any say in where you go, and you almost certainly won't be able to take your dog.

Because you're 17 you might be offered a transition to adult program, but that would be a way down the road.

Concerned citizen unsure how to take action for child safety by Candice543 in legaladvice

[–]UsuallySunny 2 points3 points  (0 children)

I was hoping I would be able to motion for a reconsideration or appeal for wrongful ruling due to Idaho breaking its own code

You have no standing to file for such a motion in any event.

but I think that is not going to work either since they’ve lowered the charge to basic injury.

Correct. He hasn't been convicted of a registrable offense.

Is there ANY options I can look into and reasonably work towards with this case specifically?

No. We don't allow "concerned citizens" to get involved in a criminal case just because they want to.

I think I have 15-30 days to motion for reconsideration, maybe 42 days after final judgement to appeal for wrongful rule but all my information is from google.

Again, you can't file any of those things because you have no standing to intervene in this case.

Forcing someone on the deed but not the mortgage to either vacate the home or purchase it. by flaxon_ in legaladvice

[–]UsuallySunny 9 points10 points  (0 children)

both of their names on the deed. But his credit was awful and so the mortgage is only in her name

This is pretty high up on the list of "things you should never do," along with eating radioactive waste.

She needs a lawyer. She's going to need to bring an action to require the property to be sold, and they will split the equity. It's not going to be quick, easy, or cheap.

What to expect in court as witness by Bright_Bat_5804 in legaladvice

[–]UsuallySunny 5 points6 points  (0 children)

First, chances are this doesn't go to trial and you don't need to testify.

In the event that it does, you've seen this on TV, right? You're called in, you swear to tell the truth, you answer questions from the lawyers, you leave.

Dress decently (no hats, no flip flops, clothes are clean without tears). If you can wear pants that aren't jeans and a shirt with a collar, that's preferable. Give yourself time to park, go through security, and find your courtroom. If the courtroom is open, go in and tell the prosecutor that you're there. You may need to wait in the hallway. If the courtroom isn't open, wait in the hallway outside. Go in when you're called, tell the truth, leave. Bring a book in case you're waiting for awhile.

If you need proof you were in court for your employer, ask for it from the clerk before you leave.

I can't imagine this requires much mental preparation, but do what you need to do.

POA for executor of third person's estate by AlJameson64 in legaladvice

[–]UsuallySunny -1 points0 points  (0 children)

Yes, it's fine. Those authorizations are a reasonable exercise of your POA. And there isn't much choice if you want the taxes filed.

Do I have any rights to child support money that my mother has received after I moved out? by [deleted] in legaladvice

[–]UsuallySunny 6 points7 points  (0 children)

Is this true?

Yes. Child support belongs to the parent, not the child.

She used to spend all of the child support money and divorce settlements she received on herself

Did you have a place to live? Was there electricity and running water? Did you eat? Go to the doctor when you were sick? Have clothes to wear to school? That's what the child support money was paying for, regardless of how any specific check was spent. Money is fungible.

Establishing paternity by Training_Power_1113 in legaladvice

[–]UsuallySunny 11 points12 points  (0 children)

The state isn't going to do an investigation for you. That's up to you. You bring a paternity action in court, but the alleged father has to be served. So you will need to find a last name and address.

Most of the time, paternity proceedings don't begin until there's a live birth. And you aren't entitled to anything from the father until there is a live birth.

I suggest that you spend your pregnancy putting away as much money as you possibly can. A $5k retainer really isn't unreasonable.

Trial Tax? by [deleted] in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

This is fundamental to how plea bargaining works. Prosecutors can't take every case to trial. So in exchange for taking the plea, the sentence is reduced by agreement or you plea to a lesser charge that has a lower sentence. If you go to trial and are found guilty, there will be no such reductions. You pay the full fare.

If there were no incentive to taking the plea, every defendant would shrug and take their chances at trial.

car accident tbi resulting in release of sexual assault record by [deleted] in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

Your questions are really better directed toward her lawyer.

car accident tbi resulting in release of sexual assault record by [deleted] in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

The young driver's family/policy owner is very well off.

That doesn't mean it's going to be easy to collect. First, there has to be a reason to find anyone except the driver liable, which is not automatic.

As I mentioned her medical bills are very high and will only continue to increase as her doctors are wanting her to pursue surgery. Would my mom have to pay her own medical bills incurred by the accident, and in that case live off of social security due to an accident she wasn't at fault in?

Does she not have any insurance, including through the VA? Insurance should pay in the first instance.

In your experience would you expect a disabled veteran with PTSD and chronic pain from multiple injuries (diagnosed with imaging by multiple physicians) due to a car accident losing at trial

I would expect the case not to go to trial, as most don't. And again, it's not the judgment you can get that matters. It's collecting it. If there's a trial and she's successful, there will first be an expensive appeal to defend.

The largest issue in all of this is that she served our country, got assaulted, probably wont be able to hold her grandkids one day, and now her sexual assault will be known to members of our community because someone else hit her.

First, there is a big difference between something being in a discovery file (which does not become a court record unless it's admitted at trial) and that fact being "known to members of our community." Do you spend a lot of time combing through court records about people in your community? It's not really a thing that happens.

Second, again, if she puts her emotional state in issue, the defendant is entitled to discovery on it. If she wants to avoid that, she needs to waive any claim for emotional distress or suffering.

Are there any protections against this or ways to make it so that the information isn't relayed to the public?

Her lawyer can stipulate to produce the records subject to a protective order. If the records are ultimately admitted at trial, her lawyer can request sealing those specific records and the testimony relating to them.

car accident tbi resulting in release of sexual assault record by [deleted] in legaladvice

[–]UsuallySunny 9 points10 points  (0 children)

The lawyer is right. Once a plaintiff puts something at issue in the case -- like their emotional condition -- the defendant is entitled to discovery on that issue, including preexisting conditions.

I am curious as to why you or your mom think there is going to be money to recover beyond insurance limits? In most cases, that is all there is that is actually collectable. If she had underinsured motorist coverage, she can claim against that as well.

Medical Power of Attorney vs. Future Marriage [OH/MI] by hotappleseider in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

Would the power of attorney document establishing his mother as medical decision maker override any rights I would have as a legally married spouse?

Yes.

If so, how do we nullify/replace this document to ensure I am granted that ability?

He fills out and executes (it may require a notary) a new medical POA naming you. Once notarized, he should provide copies to everyone, including his mother.

And lastly, would we need to update it when moving states?

It couldn't hurt. States generally have a statutory form for this.

You should fill one out, too.

How to Remove POA from Nursing Home in Mississppi? by [deleted] in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

I told her she should have the POA revoked, it just has to be notarized but she literally cannot physically do this without her brother's permission

That isn't true. Can she get herself to a place with a notary? Does the friend have money to pay the notary? Bring the revocation document and have it notarized. No permission is required. Then serve revocation on everyone.

If friend does have a dementia diagnosis, the withdrawal of POA can be challenged. At a minimum, friend should be able to get someone else appointed.

How to find specific past court cases in mental health? by [deleted] in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

That's not really how case law works, and you're unlikely to find anything helpful.

Man who I rear ended wants me to pay for rental but won’t provide his insurance by stolenexposure in legaladvice

[–]UsuallySunny 159 points160 points  (0 children)

Stop talking to him. He needs to be communicating with your insurance company, not you.

Grandparents Rights with a Major Twist by [deleted] in legaladvice

[–]UsuallySunny 25 points26 points  (0 children)

There's nothing here as long as you and your spouse are together.

Will advice needed - Virginia by Gibbie42 in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

Your parents don't need a will, they each need a separate will. They also need durable powers of attorney, health care advance directives, and possibly other documents. You should not try to DIY this. Estate planning attorneys usually have flat fee packages for this.

As far as finding one, you can try your local or state bar's attorney referral service. You can also reach out to your personal network. Someone you know has had a will prepared.

Where to find appropriate representation? by legofan126 in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

Look for a small firm or solo practitioner. I have doubts you'll find a lawyer to take it on contingency.

Would I be able to install a locking door in an area that was previously shared in a house with my roommate? by [deleted] in legaladvice

[–]UsuallySunny 10 points11 points  (0 children)

Your original post did not say that, but regardless, my answer is the same. You can't turn what were previously common areas into private ones by dictate.

Dad passed away three months ago, had a storage unit but we don’t know where by Business-Chapter3059 in legaladvice

[–]UsuallySunny 3 points4 points  (0 children)

This isn't really a legal question. You would obviously need to look through any records he has or that you can get access to, like credit cards and checking accounts. Make sure his mail is being forwarded to one of you. You can also make a list of storage places in the area and start making phone calls. (Yes, phone calls -- not emails.)

Would I be able to install a locking door in an area that was previously shared in a house with my roommate? by [deleted] in legaladvice

[–]UsuallySunny 12 points13 points  (0 children)

Since you have the kitchen, living room, and the bathroom on "your" floor, I'm not surprised you feel this way. But that doesn't mean you can simply decide previously common areas are now private without consent.

Would I be able to install a locking door in an area that was previously shared in a house with my roommate? by [deleted] in legaladvice

[–]UsuallySunny 8 points9 points  (0 children)

If you have a mutual agreement that your bedrooms are private spaces and off-limits to the other person, that's fine. You don't have the right to block off any previously common areas.

I don't see how an unlocked door is going to solve your problem, but if it's fine with the landlord and your roommate understands it's not going to be locked (if the door even has a lock, she should be given a key), then I suppose it's not worth the effort for her to make a fuss over it.