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Here's the problem. The lawyer can't file anything with the court for dismissal or otherwise until you have been formally charged. For most federal crimes you are not formally charged until a grand jury enters an indictment against you. So if the prosecutor is still waiting for the grand jury...

The Supreme Court did not discuss directly the state's ability to bar candidates for Congress under the 14th Amendment's insurrection provision because that was not the situation it before it to decide. Thus, the decision doesn't answer the question of whether states may bar any candidate...

I agree. By way of explanation for the OP, writs of mandamus are granted when the government body involved has a clear duty to act under the law such that the agency has no discretion regarding the matter. Enforcement of the law nearly always involves discretion. The law doesn't require, for...

Well, he may sue the dealership. He's the one who made the deal and it's his money and credit that are affected. As his fiancée you have no legal or financial interest in this (though I understand you feel emotionally invested in it). What the outcome of the case would be is impossible to...

Once you are trustee you'll have to file the trust income tax return (Form 1041) if the trust realizes gross income of $600 or more. So even if the trust did not have any taxable income, the filing of the Form 1041 may still be required. Gross income is a term that is very broad in federal tax...

The city could change the ordinance even after you file a court complaint. Assuming that the change does not violate state law in some manner, it would make your lawsuit moot if the change to the zoning clearly allows for the use that the owner is making of the property.

The roles of the President and that of members of Congress are, of course, very different. The Constitution itself makes that quite clear. Members of Congress are not "officers of the United States". Officers of the United States include members of the executive and judicial branch but not the...

A couple of important things to note. Those liens will follow his assets and if the taxes are not paid by the estate, the beneficiaries will have to pay the taxes to avoid possible seizure by the IRS to collect the tax. The tax liens also have a higher priority than any later secured debt or...

No, I did not read that. But I also did not read the exact details of what the estate actually did because you haven't provided all that, and those details are important. That is why I put the word IF right before what you quoted, and evidently you missed that word...perhaps reading what you...

Very true. But the debtor has to have something worthwhile to offer the credit card company. If the debtor can't afford to pay anything — if all his/her money is needed to buy food and keep a roof over his/her head — there won't be anything to offer to settle. In that regard, the apparent...

I didn't say you didn't see what you saw. I'm saying that your interpretation of how it occurred and who did it might not be right. In other words, your assumptions about what is behind what you saw may be wrong. People make wrong assumptions all the time. Unfortunately, sometimes that leads...

If the federal government gets a wiretap authorization (warrant) for you cell phone to monitor your calls, texts, and e-mails you won't know about it by looking at activity on your phone. The wiretap orders go to your cell phone provider which then is obligated to provide them with the...

If you can't pay the debt then there really isn't any reason to contact the lender's attorney. What the attorney will want to hear is a proposal to pay what the creditor says is owed. If you can't do that, the attorney will just shrug and say "see you in court" or ask you to sign a confession of...

As I explained on the other forum where you asked this, if the probate estate sold the asset and in the same tax year transferred the sale proceeds to the trust, the capital gain flows through the estate to the trust, and the trust then includes the capital gain and pays the tax on it unless it...

A person may draft their own trust instrument, but unless the person knows the state trust laws and the related federal and state tax laws, that person is likely to make mistakes that either will end up not achieving what he/she wants or that ends up costing them, their trust, and/or their...

You are correct that the procedures in state law for suing the government must be followed when filing a lawsuit, including the rules for suing the government. However, a tort claims act, like Federal Tort Claims Act, only deals with tort claims, e.g. personal injury, negligence, malpractice...

The government cannot punish the OP for the statement made. But there isn't anything in the Constitution that prohibits the federal government keeping a closer watch on people who may be dangerous to public officials. That's nothing new and doesn't have anything to do with your contention that...

I don't see any legal problems coming from this. You did not make any direct threats of violence against the congressperson. You simply expressed what you you hope he gets in the afterlife. That's not illegal and within your free speech rights. However, IMO your anger was misplaced. Neither the...

The first question I have is has the city denied you anything, like a building permit? Or is your issue that you object to someone else using their property in a way you contend is a rental? If it's the latter, then I think you'll find that you'll lack standing to sue as the city has not done...

That's how it's done in at least most states when adding someone other than a spouse to the deed. It should be done by an attorney as drafting the deed for others is the practice of law, which means only a lawyer is permitted to do it. A title company may have a lawyer, however, that can do...