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  1. mightymoose

    Road rage incident - no impartial witness - but other vehicle has second passenger

    #1 The other party must present evidence supporting what you are alleged to have done. It seems the child's testimony is the only relevant evidence that may exist. It will be up to the court whether or not to allow the testimony. #2 Even better than telling the truth is saying nothing at all...
  2. mightymoose

    Repossession

    No. It is not remotely close to an illegal act of trespassing. No. You did not describe any kind of breach of peace anyway. Apparently you were not even present to confront the repo when it happened. The tow company is not subject to those community rules. It is not tricky, but you are...
  3. mightymoose

    DUI and potentially illegal search.

    No... They did not tow the vehicle, which makes the inventory unreasonable. The only gray area here that benefits the officers is that they were asked to move the vehicle and expectation of privacy went out the window.
  4. mightymoose

    DUI and potentially illegal search.

    Without a warrant to search consent IS required. However, when you are arrested your vehicle may become subject to tow. Police are authorized to "inventory" the contents of the vehicle Pryor to toeing. This is NOT a "search". If police do not tow, they should not inventory. If they do inventory...
  5. mightymoose

    DUI and potentially illegal search.

    No. You gave them control of the vehicle and in doing so clearly waived any expectation of privacy. Had something been found and used against you it may be worth looking deeper into, otherwise it is a non issue. Focus on the DUI defense and forget about this.
  6. mightymoose

    DUI and potentially illegal search.

    Somewhat incorrect. Officers are permitted to inventory the vehicle prior to towing it incident to arrest. If they do not tow it they have no business conducting an inventory. Since it appears no evidence was discovered that is being used against the driver it becomes a moot issue. That said...
  7. mightymoose

    Carpet Replacement

    Civil judgments aren't as damaging as they used to be. They no longer appear on credit reports or effect scores and wouldn't show up without a public records check. Fear of a judgment should never prohibit someone from arguing their case if they feel they are being treated unfairly.
  8. mightymoose

    Carpet Replacement

    If the carpet was old enough it may have needed replacing anyway and would fall under ordinary wear and tear. If the landlord is asking you to pay more you don't have to pay unless you are sued and a judge orders you to pay. If you are wanting to recover a deposit or a portion of it you will...
  9. mightymoose

    3 year old medical bill in Texas

    As is often noted in these situations, even if the statute of limitations expires you will still owe the money and it could still be shown in your credit report as delinquent. The SOL just keeps the creditor from pursuing you in court over the debt. They can continue to attempt to collect as...
  10. mightymoose

    Shoplifting, Larceny, Robbery, Theft Costco Ban - shoplifting

    Isn't this the reason they have someone at the door checking for membership cards? I haven't been there in a few years... Maybe they don't do that anymore. Or maybe it varies by state.
  11. mightymoose

    Shoplifting, Larceny, Robbery, Theft Costco Ban - shoplifting

    This suggests you are no stranger to shoplifting. You are certainly aware that retailers don't appreciate people who steal from them and can forbid people from coming to the property, same as any other peppery owner. Returning could result in arrest for trespassing. Nobody is that naive. If...
  12. mightymoose

    Repossession

    From what you describe I am not sure you could reasonably argue any damages as a result of the reposession. The car was a lease and did not belong to you. You were not paying for the car. That the repo may have been done improperly does not mean you have damages. The time to address this was at...
  13. mightymoose

    What happens to evidence if a case is dropped?

    To the original question, any evidence that was collected would likely be held until the statute of limitations expired. If still within the time limit the case could still be prosecuted if there is evidence to support it.
  14. mightymoose

    Shoplifting, Larceny, Robbery, Theft Accused of theft by spouse

    You don't have to. A prosecutor has to prove your guilt. Your husband likely can't prove the laptop was in the car to begin with, and your access to the vehicle is not really an issue regardless of the name on the title. If police contact you again do not offer any more information. You do not...
  15. mightymoose

    Doctor's note even though I wasn't sick?

    Same answer either way. Get a doctor note that you are ok to work, or excusing you for illness, or else find a new job. This is more of a company policy issue than a legal issue.
  16. mightymoose

    What rights do I have regarding 911 calls placed from my address?

    If you said something potentially incriminating during a 911 call and it has not already been addressed, it is unlikely to be. Nobody is going to go back and listen to recordings in hope of finding crimes to prosecute. At the time of the incident your comments certainly could have been relayed...
  17. mightymoose

    Landlord wants 6 months security deposit plus first month of rent

    I would avoid this landlord. This will likely be the first of many inconvenient irregularities.
  18. mightymoose

    Homicide, Murder, Manslaughter Right to know what charges?

    Sounds like a juvenile matter and you are not a legal parent or guardian, so no, you would not have access to the information. Ask his parent.
  19. mightymoose

    Fraud, Embezzlement, Bad Checks Inflated Invoice and returned the money

    Returning the money doesn't change the fact that you committed the crime. You will do yourself a favor to ask no questions and never soak of it. If caught you would be more likely to lose your job than face criminal penalties, but it could be both.
  20. mightymoose

    Car purchase agreement signed, possession not taken, wired funds not completed - can we cancel?

    Maybe. This comes down to how much effort the dealer wants to put in to pursuing you. If you don't want the car you might just wait and see if they contact you. The transaction won't stay in pending status forever. Let them be the ones to contact you first. Their failure to provide you any...
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