Ask MetaFilter posts tagged with court

Fight a speeding ticket on the grounds of inaccurate radar?

kraigory — Mon, 21 Jul 2008 13:32:35 -0800

I got a speeding ticket, but there was a car next to me that was speeding, while I was not. What is the likelihood that I can argue this in court? Here are the details:

I was traveling south on a road with two lanes going each direction, and a turn lane in the middle. It was about 1am, so late at night, and it was dark. I was in the left lane, and a crazy teenager was in the right lane next to me, passing me on the right, playing super loud music with his subwoofers turned up.

The police officer was sitting on the other side of the road, facing north. As I came around a turn, about 100 yards from him, and entered a downhill straightaway towards him. He turned on his headlights rather quickly, and pulled in behind us. There was also one car behind the speeding car to my right.

The car on my right was in the process of passing me when the officer clocked me. I would like to contend that he could've clocked the car next to me instead of my car.

Also, the officer could have been tired, as when he brought me the ticket, he said "I'm only going to get you for the speeding, not your license." I gave him a questioning look, and he looked at my license, and said "Oh... you're 19... not 18... nevermind." I asked him what the problem was, and he said "Nothing... I'm just loosing my mind." I assume he was going to fine me for being out past curfew as well, although I didn't think there was a curfew for 18 year olds.

Additionally, I cannot make the assigned court date, as I will be in college. I think it won't be very hard to delay the court date at least 6mo or so, maybe more. By then, the officer may not remember the situation as clearly.

What do you think my chances are in court? What arguments will he use against me, in order to prove that it was indeed me that was speeding? And, how can I combat these arguments?

Thanks!

An Appeal for an Appeals Lawyer

Shane — Thu, 17 Jul 2008 11:16:37 -0800

How to find an appeals lawyer who will want to take a (probable win) appeal to the US Supreme Court? Like, do they, um, hang out on the 'Net somewhere? A friend of mine is the defendant in a CT State civil suit she is appealing to the US Supreme Court. The law under which she was prosecuted is extremely vaguely-worded and tends to trample on basic constitutional rights. So far this law has been used only twice, in each case to "smack down" people who have ticked off the State of CT. Lawyers, not just my friend and my (biased) self, agree on these points.

How can she find a good lawyer willing to take the appeal on a limited budget, hopefully for the chance of an impressive win in the Supreme Court? Or is that really something lawyers want? Maybe someone young and hungry? Countersuits would naturally follow a successful appeal, should the lawyer be interested.

She could also use legal counsel on a budget, of course.

Thanks, folks.

Give me money. The judge said so.

Listener — Tue, 15 Jul 2008 20:53:29 -0800

How collect damages award after winning court case? Friend of mine recently (oh, how I wish it were me!) won a surprisingly large damages award in Supreme Court here in BC. We don't think the defendant has much money, but even if he has anything stashed away, how do we get it? And I'm going to file a dispute against my ex-landlord shortly at the Residential Tenancy Branch (quasi court) and if I win he's not going to want to pay either, but the bugger owns a couple million dollar building, so that is a good thing. I believe I can get the Provincial Court to enforce the order (my, I'm jumping ahead) but what else? How would we proceed? Any ideas? What works to put pressure on these people? Can they just evade and ignore easily or not?

How to represent yourself in bfd court case

Anonymous — Sat, 28 Jun 2008 04:37:40 -0800

Chronic pain patient took to writing own prescriptions. This is frowned upon. Now, the poor woman Or should one spend 10K to an attorney to have the record expunged when otherwise, a criminal record isn't important to other areas of life? Please, no fool for a client dismissal. This is a heartbreaking story of a woman easing pain to the point she could function, not jollies and addiction.

Any online help? Any general strategies? Any hope?

An attorney would likely have gotten her record expunged, first offense and all that. Can she achieve the same outcome by appealing to the merciful court?

Do I have to pay my roommate's debt?

Anonymous — Tue, 10 Jun 2008 16:06:38 -0800

I'm in a financial pickle due to a bad choice of roommates two years ago. What are my options? Two years ago, I moved in with a girl during my divorce. I was put on the lease as an "addendum" and while I lived in her apartment, I paid 100% of the bills. About a week after I moved out (before her lease was up), she skipped out on the lease. Stupidly, when I turned in my key, remote and parking pass, I asked for a copy of the lease with my name stricken from it and was told that it wasn't necessary... the office woman assured me that I didn't need it and they would strike the addendum from the lease. I walked out not realizing that this girl was planning on moving out, but she did... and left owing almost three thousand dollars. How, I don't know, because I paid EVERYTHING when I stayed there.

For the past year and a half, I have been receiving notices from the creditor who purchased the debt. I spoke with someone recently and tried to explain my situation... unfortunately, the divorce coupled with an IRS audit has cost me over $30,000 and I am more or less penniless. The last thing I can afford now is to pay for someone stupid and irresponsible's mistake.

Unfortunately, the credit company has had no luck getting this girl to pay. She apparently has no bank account, no assets to seize, and refuses to work out a payment plan for the debt. I consulted a lawyer and was told that at some point, the credit company has the right to put a lien on my home to recover the debt. Apparently, this can be done without going to court and without notifying me... and will be horrible for my credit. What options do I have? I cannot pay the debt. I have sold everything of value I own, down to my shoes and clothing. Every penny I have goes to my house payment. It's all I have left. I have accrued almost five thousand dollars in credit card debt just buying groceries and so forth so I cannot put this debt on a credit card... it's maxed out.

Can I negotiate some kind of "settlement payment" with the credit company without a lawyer? I have already tried going directly to the apartment complex people, who told me I was "in collusion" because we left during the same 30-day period. They will not give me a copy of the lease, or the addendum. I cannot afford a lawyer. I have been told I can try going to the Texas Tenants Union, since I'm in Texas, but they probably won't be able to do much.

Has anyone else been in this situation? If so, how did you handle it? I'm worried that before I know it, they will put the lien on my home, and then I won't be able to sell it if I have to. Things are very touch-and-go financially for me, so I would prefer to avoid the lien.

Another person told me that my best option would be to settle the debt directly with the credit company and then take the former roommate to small claims court; how can I do that if I have to charge my groceries as it is? Wouldn't I have to pay a lawyer for that, too?

If anyone would like to respond off-site with ideas or suggestions, please email roommatetrauma@gmail.com. As stated, I am in Texas, if that helps.

GRAND JURY YO!

madmamasmith — Wed, 16 Apr 2008 22:37:53 -0800

Do all misdemeanor cases get to bypass the grand jury? Is there such a thing as a federal misdemeanor? I know FEDERAL capital offenses must go before a grand jury and each STATE handles this differently, ie NY both sides and a judge, no grand jury. But I am confused on this process...help, test tommorrow!!

Help with Article

CollectiveMind — Wed, 02 Apr 2008 15:19:04 -0800

I'm a freelance writer and I am trying to find instances related to the letter of inquiry below I sent to a Virginia magazine. This is a real-life situation of an acquaintence in the state of Utah. I'm looking for contacts, primary sources and attributable anecdotes. I've left calls with appropriate offices and have received no response. Meanwhile, my deadline is looming. Any help would be appreciated. Dear Publication:

Real-life mother and daughter Cora and Jayne have issues. Jayne, who turned sixteen in October, has a six month old, meaning Jayne got pregnant at fourteen. Cora, as a single, full-time mother, has tried to raise her daughter right. But in the heat of adolescence, Jayne now defies her mother in every way she can think of, to include issues of chastity.

Cora couldn’t control Jayne's behavior before her pregnancy. But it seemed after the baby was born, my state government made that control even more difficult to assume. As the mother, Jayne has authority over her baby. But since she herself is still a minor, the courts in my state say that Cora was ultimately responsible for the infant. So the mother's dilemma is she can't control her daughter, she has no rights over her granddaughter, but in the eyes of the law, she is ultimately responsible for them both.

In fact, during an incident when Cora and Jayne got into a shouting match, the daughter called the police who told the mother that she was in danger of being arrested for abuse to both daughter and granddaughter.

According to the Guttmacher Institute, 750,000 females between 15 and 19 become pregnant each year with 57% of them eventually giving birth. And the U.S. Census Bureau says that in 1970, 2.2 million or 3.2 percent of American children lived in a household maintained by a grandparent. By 1997, this number had risen to 3.9 million or 5.5 percent, representing a 76 percent increase over the 27 year period. The number of grandchildren living in households maintained by grandparents with just their mothers present increased by 118 percent from 1970 to 1997.

This in itself can cause enormous strain on older parents who were preparing for retirement and probably thought their child-rearing years were over. But how to deal with confusing and contradictory state laws that seem to undermine parental authority in the midst of trying to deal with it all? I’d like to write a story about that for your publication. Are grandparents in your state who care for grandchildren while trying to manage their own minor children supported or hindered by the state? And how do issues of authority, autonomy and responsibility, as seen through the eyes of the state, affect those turbulent families?

I’m a freelance writer who has written for commercial, non-profit and governmental publications for many years. If you would like to see my work, please visit my website. Thank you for your consideration.

Sincerely,

Small claims court question.

CFMartin — Mon, 24 Mar 2008 09:25:08 -0800

A small construction company did work for a customer. Customer refuses to pay citing not 100% happy. Company disagrees greatly and believes job was well done and customer is being very unreasonable. Company has detailed photographs, a signed contract and wants to go to small claims court to resolve matter. How do we word the answer to the following question? The plaintiff claims you owe $XXXX For the following reasons: How would the hive mind word this? Thanks.

Comcast Arbitration Agreement by Customer Inaction

East Manitoba Regional Junior Kabaddi Champion '94 — Tue, 11 Mar 2008 07:58:32 -0800

Hidden among various other breathtakingly evil clauses, part 13 of the Comcast Agreement for Residential Services says that if the customer doesn't opt out within 30 days of receiving the dense legalese, he gives up the right to sue Comcast in a public court. But (in clause 15g), Comcast maintains the right to sue the user any time they like. Is this stuff enforceable? YMOMNBAL

Can you help Amish looking for a lawyer?

mamaraks — Fri, 11 Jan 2008 10:20:17 -0800

Can you help Amish looking for a lawyer? I have been working since last September to find a constitutional law attorney who would be willing to work with the Old Order Amish in my county who are being sued for not signing building permit contracts (which they are religiously opposed to doing) and various other home-building issues but so far nobody I've approached is willing to get involved (at least on a pro bono or contingency basis, that is). Already I have looked into every religion-based advocate organization, but they are busy with other things. Does anyone know of a person who is familiar with RLUIPA (religious land use and institutionalized persons act of 2000--which has an attorney fee provision, by the way) and is licensed to practice law in Wisconsin? All six of these active Amish cases have their initial court appearances scheduled for February 19th and we are getting concerned as to how things will go for them. One from a different group of Amish has already been to court twice and is due to go again in a couple weeks--at which time he expects to be ordered to pay a hefty fine. Anybody got advice for me and our Amish friends?

The best of my recollection, recorded?

jet_silver — Mon, 03 Dec 2007 11:43:00 -0800

How shall I record my best recollection of an incident I witnessed that will very likely be the subject of litigation or criminal proceeding? I witnessed an incident involving flight crew and passengers on an international flight aboard a US flagged airline. The flight terminated in the US. How do I go about noting my recollections in such a way that they are most valuable? (Valuable to whom is not an issue; I want to record as fully and completely as possible everything that I can recall happening.) The incident is fresh in my mind but it will not be by the time court proceedings - which I have no doubt will take place - commence.

Young White Rapper vs. The Municipal Courts of the Midwest

thebellafonte — Thu, 29 Nov 2007 12:42:38 -0800

Is my white rapper little brother being discriminated against in municipal court? My little brother was recently caught shoplifting two PSP games from Wal-Mart. This was his first offense, not to mention his first run-in with the law. They arrested him at the store and then released him that night. I did a lot of research on Missouri law and spoke to a lawyer as to what could happen. Between people I spoke to and things I read, I found many discrepencies, such as no guideline determining arrest (some said it was based on the dollar amount stolen, while others said it was based on if the officer thought it was necessary.) Everyone assured me that because it was his first offense and because he was very cooperative, he would not have to serve jail time, and would probably just have to pay a fine and court costs.
However, at municipal court, they told him he had to get a lawyer and then come back for a trial, which went against everything I'd heard and read. I'd thought that one only had a trial if they plead "non-guilty" which he did not.
I do not wish to take the focus off the fact that he did commit a crime, but I have concerns that my brother is being discriminated against. Again, he was extremely cooperative and remorseful. But he is a young, white rapper (and dresses accordingly) in the Midwest. Seems like a recipe for bias.
Can anyone make me feel better about where this is going or should I prepare myself for the worst, ugliest side of the law?

Help a poor landlord will ya?

merocet — Sun, 04 Nov 2007 18:03:23 -0800

The tenants that I had in my house in London trashed the place and ran out on me leaving me seriously out of pocket. I'm in New York and poor. Anyone had any experience of chasing these things through the courts from another country? I moved to NYC to marry my US-ian wife, leaving my place in London in the hands of a letting agent who rented it out. I'm not the big scary profiteering landlord. The money I take in rent doesn't even cover the monthly mortgage payments let alone the letting agents fees and in the US I'm at college so money is pretty tight. Any requests for fixing up or replacing stuff I've ever had from the tenants, I've dealt with quickly and without argument. Now I'm out a months rent and the security deposit (another months rent) with the house needing pretty major patching up due, in part, to their kids scribbling on everything (walls, carpets, furniture) and then, seemingly, to the families total lack of respect for other peoples stuff. The time it's going to take to get the work done means that I'm going to be out another month or two's rent. They seem to think it's OK for me to pay all of this (c. $4k in rent and deposit + another $4K in lost rent due to the damage they caused) so that they can buy their family house. I want/need my money back but there's the added complication that I now live in New York.

The letting agent is worse than useless and the contract I have with them doesn't seem to assign the agents any responsibility in this situation. I was insured but apparently that only covers non-payment of rent while renters continue to live in the house. Now I have vacant possesion I'm SOL. I have a forwarding address for the tenants but it's not where they live, just a mail drop for them.

So Mefites, anyone had any experience in trying to do this stuff remotely that they can share with me?

Is it so complicated and expensive that I should suck this up despite it feeling very wrong?

Is there a way to do this and succeed?

the rural juror

RockyChrysler — Thu, 11 Oct 2007 20:40:45 -0800

How can I find, online, a decision rendered recently by my county court. I was called to jury duty recently and while I was not, in the end, selected as a juror, I did find myself intrigued by the case. I would like to know its outcome. I have reviewed court calendar [pdf] online and it appears the case is over. But I cannot find any documentation online as to the final judgement. Are such things made commonly available as public record online? I've looked here, and here... but I'm not sure what, if anything, they're telling me about the final rendition of the case. Am I missing something, or should I be looking elsewhere?

For the record, the case is Warren v. Walgreens and was tried during the first and second weeks of October 2007 in Coconino County Superior Court, Division II.

Daytime Courtroom Television: What Gives?

Rykey — Mon, 10 Sep 2007 08:54:59 -0800

"Real" court case TV shows: what's in it for the parties involved, and the legal system in general? Sorry in advance for the long post:

OK, I am aware that the parties on US daytime court shows (e.g., Judge Joe Brown, People's Court) are offered reimbursement of their court costs (and possibly expenses?) to have their case heard on these shows. I am also aware that these hearings bear little resemblance to real courtroom proceedings (what with the poorly-maintained order and adherence to procedure, moralizing asides and shoddy legal reasoning by the judges, etc.). But the other day I saw an episode that got me thinking.

In one case, the plaintiff disclosed that his son was in prison for possession of child pornography. The defendant disclosed that he himself had been in prison for molesting his own daughter. Neither disclosure had any relevance to the case (but of course were great for sensationalist television); in fact, the judge became very irate when the defendant dragged his feet about answering her question about why he was in prison. Which raises two questions for me:

1) Besides the covering of court costs, why would anyone, especially people who stand to suffer great embarassment and possibly a bad reputation, agree to broadcast their case on national television? Many of the parties in these cases do not appear to be too indigent to pay their own court costs; do they really want their "15 minutes" that badly, or is it safe to assume that someone who, say, molests their own daughter is just that inept at weighing the costs versus the benefits of going on TV?

2) More broadly, why does the legal system tolerate the portrayal of such obvious perversions of courtroom justice as legitimate? I can't imagine that any competent legal counsel in a real case would allow (without objection) a judge to moralize about a defendant's actions / character, extract irrelevant information (that would seem to be covered by the 5th amendment in many cases), or ignore principles like burden of proof / preponderance of evidence, and courtroom decorum / order. For that matter, I can't imagine any competent judge would behave like Judge Judy et al, without realizing that they are just handing the defense ammunition for an appeal. I realize that these are small claims cases that do not involve representation by attorneys, but why are these shows not illegal on the grounds that they don't constitute fair, competent legal proceedings? At the very least, why don't we hear more of an outcry from the legal community? Don't lawyers and judges get sick of having to explain to courtroom parties that "those things only happen on television?"

I Fought With The Law?

Vaska — Mon, 13 Aug 2007 09:52:55 -0800

Is California Small Claims Court an appropriate venue to force a computer manufacturer to honor a refund? I bought a laptop from a well-known computer company. 1st laptop breaks and they try fixing it before replacing it. 2nd laptop breaks and they try fixing it before replacing it. 3rd laptop arrives and breaks. I call the computer company, ask for a refund, they deny it citing that refunds are at their discretion. Escalation to higher-ups in the company result in the same 'discretion' answer.

So, with this in mind can I take the company to California Small Claims Court and demand my money back? I've read the CSCC's documents on what's appropriate for the court, but I'm still unsure and don't want to waste taxpayer money and court time by accident.

What should i plead in traffic court?

nj554 — Fri, 10 Aug 2007 08:37:37 -0800

What should i plead in traffic court? I am scheduled to show up in court for a uniform traffic ticket I got after a fender bender for following too closely (basically, I couldn't swerve fast enough, the car ahead stopped in time).

I've read in other posts that sometimes if the cop doesn't show up, the ticket gets thrown out. However, I don't want to count on this. Supposing it doesn't matter whether or not the cop shows up: should I immediately plea guilty, or does it work to come up with a defense? Is the person whose car was hit required to show up?

Also, I am from out-of-state (hearing in New York). Does this matter at all?

My friend was accused of a crime I don't think he committed. What does he do? What do I do?

Anonymous — Wed, 25 Jul 2007 07:12:57 -0800

My friend has been accused of rape, which I think is absurd. Need legal advice for him (especially from anyone familiar with the U.S. military court system) and emotional advice for me. I tried to keep it simple but it’s such a messy story….

I became friends with this guy, who is enlisted in the military) last fall. He is married and has a child. He doesn’t live with his wife, and he goes back and forth as to whether he ought to divorce her. He has not exactly been faithful – and I’m one of several instances of this. We had a relationship of sorts for a few months, but it’s over now. We tried to remain friends, but currently our only contact is a phone call every few days.

What happened, as he explained it to me at least, is this: he went out for drinks with a girl, they got ridiculously drunk, and then they came home, and passed out. When they woke up in the morning everything seemed fine. Then a few days later, she was claimed he had raped her. He has no memory of having sex with her at all, much less taking advantage of her. I completely trust him and don’t believe he would be capable of doing something so horrible (and I’ll admit to usually being the sort of person who too quickly leaps to the defense of the alleged victim, not the accused, probably because of things female friends of mine have experienced).

So the possibilities here are:
- He didn’t do it and that girl is making it all up
- He’s a liar and I’m an idiot for believing him for so long
- And here’s the wild card: could he have been asleep (previously on AskMe)? His wife has told him that he tried to initiate sex with her in his sleep and I’m reasonably certain that he attempted to do this with me one time – I asked him about it in the morning and had no recollection of it. I know there’s not a lot of research out there on this yet, but the previous AskMe question about it makes it look pretty common (and there was a Newsweek story a month or so ago about this too). Maybe this is completely ridiculous, or maybe it explains why he doesn't remember doing anything with her. I don’t know. If it matters, I think he also suffers from some level of PTSD, which may have messed with his sleep patterns in some way – he says the sleep-sex didn’t use to happen before he went to Iraq (neither, incidentally, did the teeth-grinding in his sleep).

The thing is, it’s being tried in military, not civilian, court, and as I understand it, there’s a lot more burden on him to prove that he didn’t do it than there would be in civilian court, in which case it’d be more up to the girl to prove that he did. As far as I can tell it’s one of those he-said-she-said things, with no physical evidence, and yet his lawyers seem to think he’s pretty much screwed. They thought about trying to use the sleep-sex thing as a defense, but it seemed like such a shot in the dark, what with the limited research out there right now, that it would be too big of a risk – if convicted, he not only could spend a few years in jail, but would also lose his rank, his family’s health insurance, his education benefits, everything he’s worked for. So they’re thinking about making some sort of deal in which he’ll be charged with something smaller (indecent acts, I think?), plead guilty, serve a shorter sentence, and keep all of his benefits, etc.
We were hoping to find some fancy civilian lawyer who might have a better shot at getting him out of all this, but that has proven to be much too expensive to be feasible.

Meanwhile, I am torn between trying to extricate myself from this very messy situation I’ve gotten myself into (I know I was wrong to get involved with a married man, and I hated keeping things secret from family, friends, coworkers, etc., and I wish I could move on with my life) and on the other hand I want to be there for this very sweet, lost boy who has been a very good friend to me and who is getting royally screwed by the system. I know he’s made some pretty major mistakes in his life, and I’m sure a lot of you aren’t feeling too much sympathy for either of us. All I can say is that he’s very young (early 20’s) and very scared, and he’s worked so hard to overcome so many things to be where he is now (he’s essentially an orphan, his whole family is completely fucked up (drugs, trouble with the law, etc.), and he doesn’t really have any sources of support other than me) that it seems especially unfair for everything to be taken away from him now. He wants to fix things: to resolve or peacefully end things with his wife, to be a good father, to get a degree, to get out of the military and get another job, and to make a difference in the world. And so I hate it for him that this crime that he didn’t commit is going to set his plans back so severely.

I would do anything to help him, but I feel completely lost. So here I am.
I’m not even quite sure what my question is. Maybe it’s a bunch of questions.
What should he do? Is it worth pursuing the sleep-sex defense, or is it much too risky, and he should just make a deal (the latter seems more practical, but it’s so painfully unfair…).
Is there something else that can be done that he hasn’t thought of with regards to his defense?
Does this sound more or less like how a military court works, or is there maybe something he’s not telling me? As much as I trust him, I get scared occasionally that I’m being completely naïve in some way.
How do I deal with the stress of constantly worrying about my friend, who is almost certainly going to jail?
Do we just both deserve this mess? Even though he didn’t rape anyone, is this life catching up with him for all the mistakes he’s made, and with me for getting involved with him?
Help.

Executive Branch Power

jimmyjimjim — Thu, 05 Jul 2007 10:25:25 -0800

Why is the presidential administration working so persistently to bequeath extra powers to their likely Democrat successors? Though this question delves into sensitive political waters, the question itself is fairly neutral - it's about strategy rather than idealogy, and I hope people will respond as such (rather than launch diatribes):

The current administration has been doing everything it can to expand the power and autonomy of the executive branch. But why would they want this, when the executive branch is just as likely to be inhabited by Democrats? I can't imagine Bush/Cheney and Co. would be pleased to see a liberal president acting unchecked....so why this push, with its long-lasting implications?

I do understand that at the beginning of this administration, Republicans were confident they'd hold the executive branch for decades...so the play for executive power made sense at that time. However, the future is now considerably less assured. So why is this power play not just continuing but accelerating (e.g. Cheney's latest)?

I'd like to discourage replies ala "they're simply insane" and other such useless ranting.

How do I get money from a shady business?

Anonymous — Mon, 25 Jun 2007 06:32:13 -0800

A shady business, a surprise firing, thousands of dollars up in the air. What have I gotten myself into? A friend of mine, about a month ago, offered to get me a job at the company he was working for. I start grad school in the fall, and needed some quick money. I was told it would be a telemarketing job, and the easiest job I'd ever had. For the last month I sold "debt relief" in what had been a remarkably easy job, though the "product" made me very uncomfortable. Awful stuff, but I need the money pretty badly right about now. Long story short, the guys who run our office have been accused of running a second company out of the same office and, last week, we all received letters informing us that our employment was terminated, and that we all might be sued for theft of leads.

Now, the way that compensation worked at this company, I was paid the following month for any account that was successfully started (first payment received). I had roughly 1500 dollars "in" as well as an expected 1000 dollar bonus for my performance in my first month. I expected another 500-1000 dollars in contracts to be paid in the next few days, and dozens and dozens of clients in my pipeline. I can only imagine, knowing the business ethics of this company, that they're either canceling my contracts, or transferring them to other reps. What recourse do I have with this company? Is small claims court a viable option? I'm on the East Coast, and the company is on the West, if that matters.

Also, I never signed any kind of non-competition agreement, and also did not transfer or steal leads in any way. I simply busted my butt for the company I was working for. To make matters more confusing, however, the guys who ran this office have offered me a job with another company, doing the exact same thing. I don't even want to do this job any longer, was seriously considering quiting, but just want to be compensated for the work I did do. These guys claim they will "take care of me" monetarily, out of their own pockets, but that doesn't really reassure me much. Ugh.

Any questions can be directed at manimscrewed@hotmail.com

What shall I do to bring my dentist to a small court for his negligence, and for how much?

dy — Thu, 21 Jun 2007 20:19:05 -0800

What shall I do to bring my dentist to a small court for his negligence, and for how much? I got a chemical burn to my face, about the size of a quarter, due to the negligence of my dentist. To make the long story short, it started two days ago when I went to have some filling work done for my teeth. The dentist accidentally mixed the water with the filling composite and smeared it onto my face. This triggered a rapid reaction with my skin. I was told at the time that I was probably allergic to the metal used for the high pressure tool piece. I did not buy his explanation and went to see my own doctor immediately. The next day I found out from the dentist that it was possibly an etch or acid burn by the composite. Today my own doctor confirmed me that it was indeed a chemical burn.

The burnt area is now dried up and is turning into a big dark scab. The burning sensation is going away, but the discomfort, as my doctor told me, will last for at least two weeks, not to mention that I have to show up like that at work everyday. According to my doctor, it’s unlikely to have scars afterwards in this case, but I’m still traumatized and scared to death with what if’s.

I’m furious that the dentist failed sending me to a medical clinic for immediate treatment upon my request. The funny part (not so funny) is that he treated me with Vaseline and recommended me to take Tylenol to ease the pain when this happened. I have been taking pictures of the burnt area everyday. I save all the notes from my doctor, visit receipts, and prescription. I want to see him at a small court, and want him to be responsible for his malpractice and negligence, and to cover all my medial expenses plus discomfort as the result. Shall I get a lawyer to represent me at this time or shall I settle this with the dentist by my own efforts first? If latter, what should I do first, and how much is reasonable to compensate my suffering, yet big enough for him to learn this lesson? Your inputs are greatly appreciated.

Northfield's finest have nothing better to do...

allkindsoftime — Tue, 24 Apr 2007 06:38:29 -0800

North Chicago suburbs speeding ticket with a CA drivers license. To plead guilty or not? Just off of North-bound 94 late last night, I realized I had gotten off an exit too early and took a road parallel to the freeway to head up to my hotel. Unfortunately I was doing freeway speed in a 35mph (Northfield, IL, fwiw).

He said he clocked me at 46mph and then paced me up to over 70mph. He first said 80mph but he realized I was contrite and really didn't think I hit even 70, so he wrote me up for 65 in a 35, or 30 over (31 would have involved handcuffs apparently). The actual description on the ticket says "Speeding (Paced) 65/35."

My options:

A) Plead guilty, pay $95. Conviction is reported to the Sec of State for entry on my public driving record. No court appearance.

B) Plead guilty, pay $135, go to traffic school, no court appearance or public record entry.

C) Plead not guilty, request court hearing.

Please note that I have a California drivers license - I've had other out-of-state tickets where I've paid the fine and never seen anything show up on my CA record. That said, I work here in IL on a weekly basis so my main concern is that they keep a state record and I get in bigger trouble the next time I get pulled over.

So, two questions:

1) Which of the three options, and why?

2) Do they keep a state record on out-of-state licenses that should make me consider an option other than A (which I'm currently leaning towards)?

Should I sue or should I pay up?

electroboy — Thu, 19 Apr 2007 11:55:42 -0800

Should I sue or should I just eat it? Long story short, my old apartment complex thinks I owe them money for damages, summarized here. I disputed with no results, they referred it to a collection agent and now they've dinged my credit. They want $700, I want my $200 security deposit back. I have several questions:

1. Is it worth it to take it to small claims?

2. If I just pay the collection agent, is there anything special I need to do to ensure that my credit is no longer affected?

3. Will a ruling against them for the security deposit nullify their claim for damages?

4. My brother and I were both on the lease (jointly and severally liable). He's out of town frequently and otherwise swamped with his new business. Can I represent him at trial?

5. If they've sold the debt to a collection agent (as opposed to having the agent collect on their behalf), does this complicate the process?

I recognize that none of you are my lawyers and your responses are not legal advice.

Looking up the past

generic230 — Mon, 16 Apr 2007 14:18:35 -0800

How do I get records of a trial from 43 years ago? When I was 8 I was involved in a traumatic event. There was a trial. I had to testify. I want to see the transcripts and records from that trial. How do I go about doing that? This happened in Duluth, Minnesota in 1963. We were all living on an air force base when this happened, but it was handled by the civilian courts. I don't have specific dates, just the general year. I don't remember the name of the man who was prosecuted. For the court transcripts, I can only say it was this year, and my last name, which might be listed in an index somewhere or might not. Where do I start? Who do I ask?

Also, I was wondering if there were any newspaper stories about it. It involved more children besides myself, so I was thinking it might have made the news. How would I find this out? Would a small town paper like Duluth's keep archives that go back that far?

Any help you can give will be greatly appreciated.

Lexis-Nexis pay as you go?

sweet mister — Wed, 11 Apr 2007 08:37:03 -0800

How do I get access to Lexis Nexis / Quicklaw for a one-shot search? I need to get hold of court documents for a particular civil case which is currently being heard in the Ontario Superior Court of Justice. I don't have any standing or any contacts with the parties, but I do have an interest in the outcome. I have one of the summary judgements but I would like to get hold of the statement of claim, statements of defence and the supporting affidavits which I assume are available.

I'm pretty sure they are available on Quicklaw but I don't have an account and it doesn't seem worth setting up an account for a one-shot search like this. But Lexis-Nexis doesn't seem to offer a pay-as-you-go option, so how do I do this?

Is there some service whereby you can pay someone else to do a quicklaw search for you? Alternatively, is there someone on AskMe with Quicklaw access who could obtain the documents and who I could reimburse (assuming this is allowed under the TOS)?

Thanks for any help.