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  1. CdwJava

    Can parents of minor file separate lawsuit following auto accident?

    If he has recovered, how is the additional $50,000 going to help "maximize" the recovery? Have his medical bills been paid? If so, that comes out of the $50,000 amount. And if not, then any award will likely go for medical expenses and attorneys fees before you see any of it. Or, is this...
  2. CdwJava

    what to do if you are falsely accussed of molesting soemone?

    Yes, that CAN happen. And how do you know the matter has not been investigated? I suspect it has been. The prosecutor is NOT going to file a case with the court until he has at least looked into the matter. If your brother is being arraigned it is because an investigation has been done...
  3. CdwJava

    Shoplifting, Larceny, Robbery, Theft taking money from an employer

    While the SOL for grand theft certainly has not expired, the business entered into a contractual arrangement with the "suspect." Most DAs would not touch this at this point because it is now, arguably, a civil matter. But! The agreement is with YOU, not with your son - the suspect. If the...
  4. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication bypolar and third dwi

    So, where was cbg incorrect? Are you arguing that people with bi-polar disorder ARE exempt from the law? Please point out where cbg stated that people with bi-polar disorder should never drive. Oh, and be sure to re-read the TOS for this site before you continue with your unfounded vitriol.
  5. CdwJava

    Car in her name

    Okay ... to be specific, it would be Auto Theft pursuant to federal UCR reporting and NCIC terminology (and common language terminology even in TN) and would technically be theft of property per 39-14-103 and is probably somewhere between a C and E felony. Still, taking the car could be...
  6. CdwJava

    Car in her name

    If you take the vehicle, that is a real possibility. Are you married? if so, then you can petition for separation or divorce and ask for one or more of the vehicles. If you are NOT married, and you do not own the vehicle and take it without her permission, then you can possibly be charged...
  7. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication bypolar and third dwi

    You do not understand, a defense of mental defect is an affirmative defense. It is something you have to assert, not something you can simply banty about and hope a jury believes you might have been having an episode for several minutes or an hour, or whatever the time frame. It is doubtful a...
  8. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication bypolar and third dwi

    Manic episode or not, if you were legally impaired you were still legally impaired. If TX allows for an exception based upon a mental defect at the instant of the offense, how would you PROVE that your decision to drive was based upon a manic episode and not simply on judgement that was...
  9. CdwJava

    I need help

    Consult an attorney ASAP and file for divorce. Move first and you may be able to work it out where you get the kids and the residence, and she can move out to live with her new man. Do you have a job? Can you support the children, the home, and pay for or arrange day care? Have all these...
  10. CdwJava

    Drug Crimes, Substance Abuse 11357b in California

    Additionally, don't "send" anyone anything. When you go to court, bring a copy of your recommendation or state DHS card with you. Understand that the recommendation is not a guaranteed pass on the charge, but the DHS card would be.
  11. CdwJava

    Shoplifting, Larceny, Robbery, Theft Im facing a power theft from a Electric company

    No. But, depending on the evidence presented, and the time that has passed, it might be grounds to commence a criminal investigation and prosecution. Actually, you did. When you allowed the utilities to be registered in your name, you took responsibility for the bill. It was YOUR bill. You...
  12. CdwJava

    Arrest, Search, Seizure, Warrant CALIFORNIA PRISON INMATE INFO - Deuel Vocational Institute (DVI)

    Check this link for information : http://www.cdcr.ca.gov/Reports_Research/Inmate_Locator.html
  13. CdwJava

    Alcohol & Drugs: DUI, DWI Questioning arrest, probable cause?

    That depends on what the officers knew or believed at the time of the arrest. If someone told them that they saw him take off with a cooler that was not his and walk even 75' with it, that should be sufficient for a theft charge. Probable cause can be established by statements or other...
  14. CdwJava

    16 yr old sexting

    I also work with teens, was an educator before and since getting into law enforcement, have been a juvenile crimes investigator for more than a decade, and have a gaggle of my own teens. Perhaps my state is a little more ahead of the game than yours when it comes to these matters. Sexting has...
  15. CdwJava

    16 yr old sexting

    I doubt that it is quite as common as you think. All the same, though I did not use it, the term "deviant" would still apply to an act that is outside the norms of acceptable behavior in the society. I think more of them know the consequences than you think. Many might use ignorance as an...
  16. CdwJava

    16 yr old sexting

    You are fortunate if she agrees to keep it between parents. She can always go to the police. None of these are relevant and they do not vindicate your son in any way. Though, as I mentioned, you are extremely fortunate that the other mom is choosing to deal with this one on one rather than...
  17. CdwJava

    The world not ending when they say it would.

    Yep ... gotta forget those inconvenient parts: Matthew 24:36 (New International Version) “But about that day or hour no one knows, not even the angels in heaven, nor the Son,[a] but only the Father." Mark 13:32 (New International Version) “But about that day or hour no one knows...
  18. CdwJava

    Who is at fault

    If no fault is listed, then no fault is listed. While it might be common practice in your state to indicate the at-fault driver as Party 1, I doubt that is codified anywhere. And, it may be possible that in KY the police do not assign fault in a collision. That would seem odd, but I suppose...
  19. CdwJava

    Shoplifting, Larceny, Robbery, Theft Detective asked me to turn myself in but wont say what I'm being charged with

    If you can afford a private attorney, then you may not qualify for a public defender. And how are the charges BS? You admittedly DID claim to have a valid license when you knew it was not, and you did work as a contractor without a license. That action will likely cause any previous client to...
  20. CdwJava

    Blood Subpoenas

    A subpoena requires some sort of legal action. If your friend is not being sued or prosecuted, no subpoena will issue. Some other court action might have been initiated, but I cannot imagine a court compelling anyone to give blood solely for academic research. if this has happened somehow...
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