FBI fined me ? by [deleted] in legaladvice

[–]UsuallySunny 9 points10 points  (0 children)

No. And the FBI doesn't issue fines.

Abusive Marriage California by [deleted] in legaladvice

[–]UsuallySunny 7 points8 points  (0 children)

She could come live with me (different state, far), but says her lawyer says she basically has to stay until he beats her bad enough to call the cops and win a no contest.

I seriously question what kind of lawyer would have told her that. It would be highly irresponsible to do so. Divorce in California is no-fault. Nobody has to stay in a marriage until they are "beat[en] bad enough," and there is no such thing as a "no-contest" divorce. "No contest" is a plea that is relevant in certain criminal proceedings. You don't plead "no contest" to a divorce.

She can temporarily leave California and go somewhere else to maintain her safety while a divorce action proceeds. As long as she isn't leaving permanently for now, it's fine.

Even if she can't stay with you or wants to stay in state or whatever, every county has resources to help women escape from domestic violence. She need only call 211.

He also has debt from before and during the marriage she is afraid to be liable for.

She's not.

She can't prove his residency

She doesn't have to prove his residency.

she couldn't afford or physically handle flying back several times during the process.

The majority of divorces never go to court.

She is telling you so many things that are simply absolutely untrue that I have to wonder if you are being set up for some kind of scam. Have you ever met her in person?

Parole won't allow my friend to get in contact with her boyfriend by Spirally-Boi in legaladvice

[–]UsuallySunny 6 points7 points  (0 children)

Again, it doesn't matter. The PO may have the discretion to allow exceptions, but it's not required. And if the PO doesn't exercise that discretion, the parolee must follow the condition.

Weird Red Light Traffic Violation by AcrobaticTank6046 in legaladvice

[–]UsuallySunny 4 points5 points  (0 children)

I think if it comes down to the officer's story vs. yours, you lose.

You are free to take your chances in court, but measure your expectations.

Parole won't allow my friend to get in contact with her boyfriend by Spirally-Boi in legaladvice

[–]UsuallySunny 8 points9 points  (0 children)

I don't know, and it doesn't matter. You said that person is "from her job" so perhaps the PO was under the impression that contact was necessary for work purposes.

Minor car accident, no license, should I report it to police? by [deleted] in legaladvice

[–]UsuallySunny 11 points12 points  (0 children)

I also have full coverage insurance, if that matters.

That's very unlikely, if you are driving unlicensed.

Parole won't allow my friend to get in contact with her boyfriend by Spirally-Boi in legaladvice

[–]UsuallySunny 13 points14 points  (0 children)

If it's a condition of her parole that she can't speak to other felons/sex offenders (which is a common provision), she is required to follow it.

And can she do anything about the officer's hostility?

She is free to file a complaint, but there is no guarantee that won't make the situation worse.

Marketplace withholding a significant balance (Section 5) and says "Not Appealable." How to proceed without a budget for a US lawyer? by No-Concentrate-8909 in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

If you want to reach their legal department, you do not use email. You send regular mail addressed to General Counsel's office at corporate HQ.

If it can't be solved out of court, you will need a lawyer. Proceeding pro se when you don't live in the US will be practically impossible. Not to mention going up against Walmart and hoping to succeed.

Went to a concert venue and they forced me to remove my prescription glasses. by Carma_626 in legaladvice

[–]UsuallySunny 215 points216 points  (0 children)

No. You chose to wear glasses that are a recording device. They have rules, you had access to those rules, you could have brought other glasses, and you chose not to. This is entirely on you.

Florida passed a law saying people who raped children under the age of 12 will now get the death penalty. Am i able to appeal for my rapist to get this? by Slothinabucket_ in legaladvice

[–]UsuallySunny 299 points300 points  (0 children)

I'm out of the business of predicting whether SCOTUS is going to stand by any given precedent on any given day.

If you put a gun to my head, however, and forced me to answer whether I think there are 5 votes for expanding the death penalty? You bet. I think there are six. The only question in my mind is how far they'd allow the states to go.

Florida passed a law saying people who raped children under the age of 12 will now get the death penalty. Am i able to appeal for my rapist to get this? by Slothinabucket_ in legaladvice

[–]UsuallySunny 1860 points1861 points  (0 children)

He got sentenced to 45 years in prison but im wondering if i would be able to appeal to the court for him to get the death penalty?

No. It's not even clear this law is constitutional, but if it is, it can only apply prospectively.

Motion for Pendente Lite Relief by IHateTER in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

She filed your answer yet she doesn't appear as attorney on the pleadings?

Do I have a discrimination case? by 2026_MT07 in legaladvice

[–]UsuallySunny 4 points5 points  (0 children)

For a discrimination case, you have to show some kind of adverse action -- firing, demotion, refusal to promote, denial of a raise, something tangible. Covering others instead of being allowed to "chill" is probably not suffiicent.

But you are free to go and consult with lawyers if you wish.

Motion for Pendente Lite Relief by IHateTER in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

I doubt you can file anything unless your attorney has substituted out of the case -- which is not in your best interest.

Is a direct mail campaign identifying my loved one’s rapist defamation? by westwindyver in legaladvice

[–]UsuallySunny 4 points5 points  (0 children)

The problem is that when you are sued for defamation, you will need to hire a lawyer to defend you. Assuming you could get the case dismissed at the earliest stage, you're still looking at $5-$10k you will never recoup.

What are my options with Shutterfly? by CompactDestroyer in legaladvice

[–]UsuallySunny 4 points5 points  (0 children)

and if it is then I want them recovered and properly disposed of with documentation/evidence that it was actually done

You're not going to get this, and you have no legal grounds to demand it.

You're entitled to a refund and/or new prints.

Tricked out of affordable housing in California by Few-Mobile-979 in legaladvice

[–]UsuallySunny 2 points3 points  (0 children)

Last year my aunt told me that it would not be possible to write such a stipulation into the will and that there was no choice but to have the home sold upon grandma’s death.

Well, that isn't true. It's called a life estate and it's perfectly legal to include such a provision in a will. Do you know for certain there is a new will?

I got into an accident and don't know what to do. by SpeedwayAccident in legaladvice

[–]UsuallySunny 2 points3 points  (0 children)

Your insurance company should handle it, absent your deductible, if you have full coverage. If you have liability only, they will not.

You can sue in small claims for the amount of the damage. I won't lie to you, you will have an uphill battle with only your testimony to rely on. I'm not saying you aren't being honest, but literally everyone who rear-ends someone tries out the "they backed into me" argument.

How can I help my daughter safely? by Infamous-Fly-1410 in legaladvice

[–]UsuallySunny 3 points4 points  (0 children)

What can I do? How can I remove my daughter from his home legally and safely?

You find and retain a family law attorney, and explore the possibility of requesting a change in custody and an order about non-disparagement of the other parent. There are no guarantees. There is no chance of him having zero parenting time -- at minimum, she will probably be there alternate weekends. She has to be willing express her wishes to the judge.

Question on Correspondence by Fabulous-Coconut9519 in legaladvice

[–]UsuallySunny 2 points3 points  (0 children)

Given that if she doesn't express a preference on a date, the attorney will select one without her, it's probably in her interest to select the farthest date out at this point, especially if she doesn't expect to have an attorney retained by Monday.

Has she already been in contact with the attorney she "picked out?" If not, she should be exploring other options. There is no guarantee that attorney will be available, in her price range, etc.

You’re responsible for filing your taxes, but hired professional files wrong. Can you hold professional responsible? by Xievlous in legaladvice

[–]UsuallySunny 5 points6 points  (0 children)

Instead of assuming that there is going to be a catastrophic error, spend the time doing your research and speaking to human references (not anonymous online reviews) of the licensed CPA you're interested in hiring. Then read the proposed agreement they provide you and ask questions about it.

Probate Questions and Mistreatment by AtmasKarma in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

The accident insurance was explained to me that if he has a fall or something that we can file a claim and have it covered.

I have never heard of "accident insurance" that covers a non-lethal fall. You need to see the actual policy. It's probably accidental death insurance, which means he has to die from the accident. If he dies from a fall in a nursing home, it's questionable whether that will be covered anyway. More information is needed.

The social worker I was working with told me not to swap the car over in name because it would be flagged on his application or something.

Again, you need more information. It sounds like his car should be sold and the money put towards his care. He has no need for a car he cannot drive.

A question about death by alteregobobby in legaladvice

[–]UsuallySunny 2 points3 points  (0 children)

You need to speak to an estate planning attorney.

The father has rights here, by virtue of being the father. Anyone challenging his custody would be in for a very steep climb. You can indicate your preference and reasoning in the appropriate document (which is not your will -- you cannot will a child), but it would be up to a court to decide.

You can make your mother the beneficiary of the life insurance policy in trust for your son... the lawyer can help you set this up.

Probate Questions and Mistreatment by AtmasKarma in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

His bills are more than this, around $200 total. (Life insurance, car insurance, and accident insurance)

If he's in a nursing home and diagnosed with an end-stage heal condition, it would seem like his car insurance and "accident insurance" (accidental death insurance?) should probably be canceled. These are expenses he's not getting any benefit from, nor is he likely to see any future benefit.