Wednesday, 1 April 2015

I am being asked to voluntarily give testimony in a lawsuit against a Caribbean hotel where I was the General Manager at the time of the ass...

Question

I am being asked to voluntarily give testimony in a lawsuit against a Caribbean hotel where I was the General Manager at the time of the assault. The complainants lawyers have asked me to step forward and be deposed. I am based in a Dutch territory in the Caribbean, and fall under the Hague convention on giving evidence.

My question is, how easy would it be for them to depose me if I refuse to give voluntary testimony in Miami?



Answer

Depends on the laws in the Dutch Territory you are currently located in. Efforts can be made from Florida to get Court to appoint commissioners in Dutch Territory. The question is whether local law will allow that to have full force and effect. That said, why avoid your testimony? If you are a witness or have relevant information both sides should want to get at that information so that the case may be resolved properly.



Famous line of maricel soriano in the film filipinas?

Famous line of maricel soriano in the film filipinas?
walang bagong taon! walang magbabago sa pamilyang ito!

Dear Sir /MadamI am Iranian and live in Iran but my partner is from USA.8 Months ago we started marriage process with an attorney we filled ...

Question

Dear Sir /Madam

I am Iranian and live in Iran but my partner is from USA.8 Months ago we started marriage process with an attorney we filled two form I-129F and I-134

but the attorney told us if we delay or cancel it he has to pay 250000 $ or go to the prison for 15 years

now we faced some problem for going to the embassy because my partner's father died. and he told us we have to pay that amount and if we want to give other appointment from embassy we have to pay 12000 $. please help us and guide me what should we do now?

and I want to add we paid until now 18000 $ to him

and he don't give us any information or our document.

please let me know what I should do now.

Regards



Answer

What the attorney is allegedly telling you makes no sense. An attorney is not fined or imprisoned by the United States government if his client fails to act on case.

He is also overcharging you. No attorney should charge $1,200 to schedule an appointment with the Embassy!

First, you should check with the State Bar (in the State he alleges he is licensed in), to see if he really is an Attorney. If so, file a complaint immediately.

If he is not an Attorney, then, unfortunately, you just got conned. If this person is in the United States, I would still call the State Bar & ask them how to go about getting this person investigated for fraud.

Contact the Embassy yourself with regards to scheduling or re-scheduling an appointment. You don't need this person to do so.

Also, an I-129F is not for an immigrant visa through marriage; it's for a fiance visa, so I hope you two are not married yet.

If you need an Attorney, I would contact the State Bar in the State you plan on moving to & get a referral for a licensed, experienced Immigration Attorney.

Good Luck!



My car slid off the road into a ditch below my friends house. We tried to get it out but couldn't. It was pouring rain and cell phone recept...

Question

My car slid off the road into a ditch below my friends house. We tried to get it out but couldn't. It was pouring rain and cell phone reception in this area is sketchy at best. We came back to the house and decided to figure it out in the morning being that it was 12 30am. The cops came up to the house 2 hours later and are trying to charge me with a DUI and fleeing the scene of an accident. I took a blood test (results pending). At the time I told the cops I hadn't drank since the bar, but I did have a couple beers when i got home. If I fail the blood test can I argue the fact that my BAC was higher because of drinking after the fact?



Answer

As always, you would be better off if you had not answered the door or if you refused to talk to the police. I'm not quite sure that I understand all of the details. But at this point you need to have a conversation going over all of the facts with a good criminal defense attorney. You may call me at 415-336-7534 for a free consultation.



Answer

In cases such as yours, the defense is usually that whatever the BAC is shown to be, is the result of drinking AFTER driving. This is usally a matter of credibility and proof. After about 25 years of handling cases like yours, we have found the DA will resist this defense, so the more proof the better. You should obtain the best attorney you can afford to fight hard for you.............. David Wallin



Answer

Your question has the answer built in:

Can "YOU" argue xyz? Where would you argue that? Who are you planning on telling?

First, you already lied. So anything you say would be subject to attacks on your credibility. Second, it will appear VERY ODD that you did not mention to the cops that you drank after the accident, at the time of your arrest. A LAWYER may be able to keep your statements out of evidence at trial, no Miranda. But your suddenly remembering a week or a month after the incident that you are not guilty, after you have searched the internet for excusesdefenses, is always suspicious. But one thing we can all agree on. if you had not given a statement, and instead told the cops you would gladly, happily give them a statement as soon as your attorney got there, you would not be facing DUI charges.



Answer

That would be a valid defense as it would be difficult to gauge your blood alcohol level at the time of driving.



Answer

Your alcohol level at the time of driving is critical. You need an attorney for the DMV hearing and court proceeding. Your attorney should be handling everything for you. Stop talking!



I'm in Dallas County, Dallas TX and I voluntarily went to a local emergency room because I thought I needed psychological help. can my ex hu...

Question

I'm in Dallas County, Dallas TX and I voluntarily went to a local emergency room because I thought I needed psychological help. can my ex husband have a temporary restraining order issued for me so that I can't see my children? I stupidly and without thinking, told him that I was going to the ER for that help. additionally, what documents and or meeting or test results could he possibly acquire from that hospital for wish he could potentially use against me? I was not admitted and have not Ben found to have any type of mental illness, defect or disease. please help, I'm freaking out.



Answer

He might be able to get an Ex Parte TRO, but, even if he does, you will have a hearing on that within 14 days. At that hearing he will have to prove that you represent a serious risk of harm to your children. He can't have any court-admissible documentation from the hospital in time for the 14-day hearing. HOWEVER, you will need an attorney to help you keep evidence out.

What you need to focus on is why you thought you needed psych help on an emergency basis. That's not a very common thing to encounter and you'll need to be able to explain to the judge why that was a reasonable response to what you were facing and that it did NOT have and will NOT have any impact on your children's health or emotional well-being.

I'm very familiar with the courts in Dallas County and can assure you that they will give you a fair hearing, but will keep a close eye out for the safety of your children.

Good luck!!



If I get pregnant and the father wants an abortion, should he be responsible for paying half of the abortion cost and half of the medical bi...

Question

If I get pregnant and the father wants an abortion, should he be responsible for paying half of the abortion cost and half of the medical bills regarding the pregnancy ?



Answer

Morally yes; legally no. Does he prefer paying child support for the next two decades?



I am paying alimony, my former wife is engaged to a man that is living in her home. Should I have to continue to support her ?

Question

I am paying alimony, my former wife is engaged to a man that is living in her home. Should I have to continue to support her ?



Answer

Review the Final Judgment, its language controls. Usually alimony stops if she remarries



Answer

Prior to her getting married again, you can stop it, or reduce it, if you prove that they have a "mutually supportive relationship". I would wait until they were living together for at least a few months. By then you might, through the discovery process, be able to show a paper trail supporting the existence of such a relationship. Retain an experienced family law attorney. Good luck.