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  1. fredrikklaw

    Justice System, Police, Courts Being a witness in a perjury case ?

    No; you cannot be forced to testify, but keep in mind that you and your friend ARE the prosecution’s entire case and without your cooperation to testify on the stand the case will simply be dismissed against the accused. More serious than perjury, is the crime of threatening and intimidating...
  2. fredrikklaw

    Permanent Residency Can marrying my fiance w/ immigration issues affect my parent's greencard?

    Yes and No! The answer to your second question is NO on all counts. Immigration cannot and has (and will have) no cause to “re-open” your case and “revoke” your citizenship because you are looking to marry your fiancé. The only time a naturalized citizen would come under scrutiny of the...
  3. fredrikklaw

    Who legally owns my car

    It is yours! Scottle: It sounds like you are worried about losing the car to you father by virtue of his name being on the title. But worry not because the car is yours, lock, stock, and barrel! On your 17th birthday, your father made what is known in Property Law as a valid inter vivo...
  4. fredrikklaw

    Arrest, Search, Seizure, Warrant facing trial without an arrest

    Private Criminal Complaint! Unfortunately, it is still possible in some states to file what is called a “Private Criminal Complaint” and the best way to describe it would be that it is the criminal version of a civil complaints in small claims court. So basically this lady walked into the...
  5. fredrikklaw

    Shoplifting, Larceny, Robbery, Theft arrested under a false police report.

    Oh, the Lone Star! I don’t mean any disrespect to your state at all, but what is it with Texas and its draconian criminal statutes? It is the only state in the Union where deadly force can be used in defense of property! But from the information you have given here, this is just a case of awful...
  6. fredrikklaw

    Consumer Law, Warranties Agreement over new car

    Power of Attorney??? Joint ownership makes this a two-way street! First of all, the only entity able to “repossess” the car is the finance company and only in the event of non-payment and as lien holders. Her boyfriend can take possession of the car on the strength of his half ownership...
  7. fredrikklaw

    Consumer Law, Warranties Contract law - Under who's terms was the contract?

    I.R.A.C. it! Northville: The issues to discuss in order to determine the rights and remedies of the parties that I can see would be that obviously this is a construction contract with use of tangible matters, so the laws governing would be common law and U.C.C; another issue to discuss and...
  8. fredrikklaw

    Permanent Residency advice on right documents for green card through marriage

    You are allowed to work! But you ARE allowed to work! Positively, and unequivocally you can. You became eligible to find employment and work legally the minute the application for change of status was received and which will remain in full force and effect until your application for change...
  9. fredrikklaw

    Permanent Residency advice on right documents for green card through marriage

    What Sponsor? Sponsors! What for; and to what purpose? The standards, types, scope, nature, and or, quality of any and all manners of request for production of documents by the Immigration is for the express purpose of determining the validity of your marriage and that’s is all! You are...
  10. fredrikklaw

    Selling a House Without a Contract

    Statutes of Fraud! This has got to be a case of miscommunication and of things badly missing in the third-hand translaton of the original story. It is simply impossible for me to even imagine that a banker would consider selling yesterday’s left-over meatloaf without some sort of writing, let...
  11. fredrikklaw

    HELP! newspaper published my name without permission

    Truth and qualified privilege! Absolutely right! Ther newspaper has not committed any act that can be considered actionable; and certainly not libel. The printing of your name was in the course putting out a news piece that is of public interest, and the mention of some charges when the...
  12. fredrikklaw

    Contest Traffic Ticket Citation Errors in Law Section

    Who Has To Correct What Now? No! You will shoot yourself in all 10 toes and hang yourself out to dry if you present such an “argument” in court, or any other venue for that matter that the “ticket is inaccurate because the subsection is wrong” as you will present the opposition with an...
  13. fredrikklaw

    Shoplifting, Larceny, Robbery, Theft How to dismiss a misdemeanor

    Run-Time Calculated Wrong! What you are looking to do here is to “Expunge” your misdemeanor conviction and the process is pretty simple and straight forward. You start the action by filing a one-page from titled PETITION FOR RELIEF (PC1203.4 & 1203.4a) for which there is a $65 (or thereabouts)...
  14. fredrikklaw

    Auto contract

    Thank the Dealer! A contract to purchase a used car contains provisions for the arbitrary recession (one-sided cancelation) of the contract by either party; also known as the cooling off period which is around 3 days (can vary state to state) for the buyer and around 10 days for the seller. So...
  15. fredrikklaw

    Baker v Nelson, same-sex marriage

    In the context of what is now dubbed as “The Prop 8 Lawsuit,” the Baker precedent is not only weak, but has been rendered irrelevant! That is because the argument, or the arguments rather, that are presented by this lawsuit are quite different from Baker and if the ruling on the defendant’s...
  16. fredrikklaw

    Going to court over alimony

    Squeeze, squeeze, and then some more! First of all and for what it’s worth, I take my hat off to you and commend you for the sacrifices you had to make and will surely continue to make for the foreseeable future. I find it reprehensible to neglect any child at the best of times, let alone one’s...
  17. fredrikklaw

    Business vendor / property lien

    Abstract of Judgment! He can, but first he needs to file a lawsuit and secure a favorable judgment to become your Judgment Creditor, on the strength of which he can obtain an Abstract of Judgment in order to record (and place) a lien on your property. And unfortunately both personal, as well as...
  18. fredrikklaw

    Can I sell Hanes Brand tshirts with my design on them

    Stop before you start! No! Of course you cannot! You can overprint the shirts with anything you want as long as you o print in very small quantities and give them away to friends and family. But the second money changes hand for purchase of a shirt, you become liable to Hanes for copy right...
  19. fredrikklaw

    Simple Florida probate question

    Self-Dealing Prohibited! As the executor, he has his work cut out and a heavy load at that. But first and foremost, the executor has to inventory the estate’s properties and assets, be it tangible, intangible, real and personal properties, for presentation to probate judge who will issue final...
  20. fredrikklaw

    My traffic ticket was never filed by my lawyer

    Suspension and Warrants! Apart from your driver license being suspended, you most probably have a Bench Warrant for your arrest for not appearing in court after you promised to appear by signing the citations. It is of course your prerogative, but hiring an attorney for such simple matters...
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