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  1. Michael

    Referring to evidence

    I'm not sure that you need to prosecute - wouldn't that be the job of the prosecutor? I can understand how it would help in the investigation but the prosecution of the case here is by a different group - the criminal prosecutors who are attorneys. Not sure how it works there but, as per Law &...
  2. Michael

    Contract Law

    If this is from any law school I'd really like to know which one. In addition to the awkward use of the English language, the first question seems a bit odd if it's as basic as I think it is.
  3. Michael

    Shoplifting, Larceny, Robbery, Theft Kohls Shoplifting Incident

    Being on retainer doesn't mean that the stores don't get charged for services provided. To the contrary - they do. It just means it may cost the store somewhat less because of the bulk service. I don't know how many firms would agree to do this kind of legal work on a pure contingency fee. The...
  4. Michael

    Other Immigration Law Green card

    It depends upon what "dismissed" means. If it means that the case was actually dismissed then you were found not guilty and no crime took place. As such, that shouldn't be an issue. But if you are referring to the results of a deferred adjudication or deferred entry of judgment where you plead...
  5. Michael

    she won't bring my car back

    Just to clarify @army judge's statement, co-ownership of a car or vehicle means that either of you has the full right to use the car. There is no "return" of your property since technically both of you have an equal right. You may be charged for filing a false claim with the police if you report...
  6. Michael

    Arab ex-Muslim atheist girl: will I be granted asylum?

    Excellent comment @ElleMD and thank you for your insight. I recall reading a news story about an asylum case in the UK where a gay / LGBT woman was granted her request for asylum based upon her eventual revelation that she feared persecution and prosecution for being LGBT in a country which has...
  7. Michael

    Arab ex-Muslim atheist girl: will I be granted asylum?

    I'm truly sorry to hear about your plight. You'll need to speak to an immigration attorney in order to get the best answer. If you were in fear of being persecuted as a non-practicing Muslim (persecution as a result of religion) that may qualify for consideration. An act long past is not a...
  8. Michael

    Selling digital and printed photos of toys

    Copyright and trademark certainly may be an issue. Consider a photo of a toy store which happens to reveal several different trademarks. There may be no likelihood of confusion as to the origin of the photo with the trademark holders or an endorsement. As to copyright, some of the copyrighted...
  9. Michael

    Shoplifting, Larceny, Robbery, Theft Kohls Shoplifting Incident

    A criminal prosecution is within the discretion of the district attorney. However if the store doesn't report the crime, the police and the district attorney won't know about it. If you pay the civil demand it may end things. Attorneys may tell clients not to pay a civil demand because doing so...
  10. Michael

    Threats from another tenant

    If this is actually the case, how can we help you?
  11. Michael

    SHOPLIFTING DATA BASE

    And if I recall correctly, the NRMA Retail Theft Database keeps the data visible in their theft database for 7 years.
  12. Michael

    Threats from another tenant

    What were the threats? If they are serious enough then there should be a police report. If there is no record, you'll have a difficult time proving damages in court. And we haven't even discussed the time, effort and cost of going to court to sue.
  13. Michael

    Dog ownership

    You haven't answered from whom you bought the dog.
  14. Michael

    Ll.M graduate ABA approved law school

    There are many duties you can perform while working for another attorney or law firm. They may even have you sit in court waiting to be called to answer on the calendar. But as to actual representation - no. You're not going to be performing any substantial legal work in court representing a...
  15. Michael

    Dog ownership

    So they may not be accusing you of stealing the dog but that someone stole the dog, which could be you, or that you had purchased a stolen dog. There are a couple of legal concepts and common sense that might apply. As @army judge mentions, small claims court awards money damages, not equity...
  16. Michael

    Photography

    You may have issues with the stadium and the jaguar statute - and I'm guessing you're talking about "Touchdown", the jaguar who sits outside of the stadium where the Jacksonville Jaguars play football. It's a good question and can't say for sure. My understanding is that simply because a piece...
  17. Michael

    Did I commit fraud ?

    I thought I remembered something about not being able to sell a World of Warcraft account. One reason is because most gaming sites don't want to deal with the hassles of being put in the middle of transfers of sale for these accounts. There is much fraud with accounts and I had to have my credit...
  18. Michael

    Shoplifting, Larceny, Robbery, Theft Shoplifting at Kohls, no police, threat of civil demand letter

    A couple of thoughts. Most attorneys say you shouldn't pay a civil demand. That is because (a) very few ever get enforced; (b) it's not due until an actual judgment is rendered (and see letter a); (c) unless you meet certain criteria, your name will not be entered into the theft database that is...
  19. Michael

    Non-Competition Clause

    The larger issue with these non-compete agreements is with your potential new employer. Have you discussed the non-complete agreement with them? Many times they don't want to even broach the subject of employment once they discover that an employee has a potentially enforceable non-compete...
  20. Michael

    Family, Other Newly Married, Question Re: Adjusting Immigration Status

    Actually I would hesitate to call USCIS and I would contact an immigration attorney immediately for a consultation. If your wife arrived in the US on a tourist visa while knowing that you would get married and then apply for a green card, she might be found guilty of visa fraud. This is because...
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