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3 days ago
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r/legaladvice is very pleased to announce that on June 20th the Institute for Justice will be making four of it's attorneys available for an AMA. IJ focuses on issues relating to economic freedom, civil forfeiture, the First and Fourth Amendments, and other issues. The participants will be:

  • Robert Everett Johnson. Mr. Johnson is one of the hosts of the IJ podcast Short Circuit - a biweekly podcast about interesting cases coming out of the courts of appeals. He is a nationally-recognized expert on civil forfeiture. He joined the Institute in 2014 and litigates cases protecting private property, economic liberty, and freedom of speech. Before joining the institute he worked in private practice, clerked for Justice Kozinski on the 9th Circuit and Justice Kennedy on the Supreme Court. He previously conducted an AMA focused on civil forfeiture.

  • Sheldon Gilbert is the director of the Institute for Justice’s Center for Judicial Engagement. Before joining IJ, Sheldon worked as a litigator for the U.S. Chamber Litigation Center, where he represented the Chamber in over 400 cases in federal and state courts addressing a host of important business law issues—from property rights to free speech—including nearly a hundred cases before the U.S. Supreme Court.

  • Robert McNamara serves as a senior attorney with the Institute for Justice. He joined the Institute in August 2006 and litigates cutting-edge constitutional cases protecting free speech, property rights, economic liberty and other individual liberties in both federal and state courts. obert’s writing has been published by outlets including The New York Times, The Wall Street Journal, The Washington Post and dozens more nationwide. His opinions and views on legal issues have been featured in radio and television programs ranging from National Public Radio’s All Things Considered to Fox News Channel’s Hannity & Colmes.

  • Paul Sherman is a senior attorney with the Institute for Justice. He joined the Institute in July 2007 and litigates cutting-edge constitutional cases protecting the First Amendment, economic liberty, property rights and other individual liberties. Paul has extensive experience litigating First Amendment cases and has helped to develop IJ’s occupational-speech practice, which seeks to create greater constitutional protection against occupational-licensing laws that burden speech. In addition to his work on occupational speech, Paul has litigated numerous campaign finance cases.

We're very excited to welcome the attorney's driving some of the most interesting civil litigation cases there are right now. Of particular interest to the reddit community are their expertise on civil forfeiture, free speech, search and seizure, and licensing requirements. I know I'm excited for this AMA and I hope you all are as well.

The AMA will open at 11am Eastern/8am Pacific and they will begin answering questions at 2pm Eastern / 11 am Pacific. You can also post questions here and we will port them over to the Live AMA when it starts.

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Thank you to everyone for the advice. I'm also a SHE by the way (many of you thought I was a dude lol), but on to the update:

After my initial post, I saw that many of you advised for me to call the manager and demand information from her because Enterprise is the one at fault and I shouldn't have to go to the police for their mistake. So I did exactly this, and she told me that id I want her to give me more info, I would need to file a police report within 24 hours and email it to her as evidence that I am NOT the person who rented the car. If not, she would report me for Embezzlement and Grand Theft to the Sacramento Police. Upon hearing this, I decided to file a report immediately online with the San Jose Police Department. I know many of you said I shouldn't because its not my fault but after she told me the consequences, I did not want to take any chances where I could end up with a warrant on my head. I thought that if anything, filing this report would also prove my innocence if the police actually did come knocking on my door. After filing it, I emailed her the copy and she responded the next day, saying that she recieved it and to give her a call. When I spoke to her over the phone this time, she said that I was in the clear and finally gave me information about what had happened:

On May 29, a woman claiming to be me had come in to rent out a black cadillac. She showed the representative "her" drivers license that had MY information on it, and paid for the car rental upfront with CASH. (I thought that you need a credit card to do this but apparently you can just use cash) The manager also says that she has video surveillance of the woman which she will turn into the Sacramento Police later that afternoon. The following morning, she emailed me the number of her report which she filed as FRAUD, and said that the police opened up an investigation which she will keep me updated on. At this point, I was relieved to be in the clear yet also pissed that some woman is out there impersonating me. I then started contemplatig about taking a 3 hour drive to Sacramento see who the hell this woman is. However, turns out I didn't have to because 2 HOURS LATER...

THE SAN JOSE POLICE DID SHOW UP KNOCKING ON MY FRONT DOOR. ( 2 Policemen and 2 CHP officers) Before opening it, the first thing I did was grab the copy of the police report I printed because I seriously thought that they were going to arrest me (2 squad cars, 4 officers, and 1 me). When I open the door, the first thing they ask me is if NAME OF WOMAN I DO NOT KNOW lives at my home? I tell them no, and that I have no idea who that is, then they ask if I am ALYMG and I tell them that I am. They then begin to inform me about a car accident that happened in the nearby town of Fremont that morning. The accident was a hit and run, with the driver fleeing the scene but she dropped her drivers license which they found on the floor. They then show the license to me and it's an EXACT replica of MY DRIVERS LICENSE, and I ask them how this is possible if I have my license in my wallet? They then tell me to go grab it and after comparing the two side by side, one of them tells the others that the one they have is a fake. (The black strip on theirs is chipping but mine isn't... it's not supposed to chip) I then ask them if the driver was the woman who stole the car from Enterprise, and they ask me to ellaborate which is when I hand them my report. I explain what happened which prompts them to give me more details about the accident, and they tell me that the woman was driving a stolen car and crashed into another vehicle, but she fled the scene in the black cadillac from Enterprise. So basically, the rental car was used as the "getaway car" and was identified by the witnesses in the other vehicle. I told the officers that I have the plate number of the vehicle in the demand letter, and the that info down as well. I then asked them who is the NAME OF THE WOMAN I DO NOT KNOW and they told me that she is the who stole the car. However, I'm not sure how they know that (fingerprints maybe) but they did show me her mugshot, and we DO NOT look a-like at all. Idk how the hell she was able to rent the car in the first place but whoever rented it to her probably didn't even check for a comparison. But after this, the police then thanked me and told me that they'll call me when there's an update on the case.

I do have her name now though, and After doing a google search I found her Facebook and other social media accounts. I'm very tempted to message her but I've decided to leave this to the police because I have no idea who this bitch is, and don't know if she's dangerous (she might be gang affiliated or something and she DOES know where I live) However, I do hope that they catch this bitch and will update you all when that happens.

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Context: Offense occurred in Virginia USA, I was charged with reckless driving for going 83/70 on the interstate.

Because that's a misdemeanor in Virginia, I hired a lawyer to defend myself. I sent my driving record and a scan of the ticket. a few weeks later, my lawyer emailed me that court had gone well, I was reduced to a non-moving violation, and told me to pay a fine. This was about three weeks ago, and since I had a month to pay the fine I put it off reading the details until now.

When I went to pay the ticket, I realized that my lawyer had defended someone else! This other person had committed a similar offense, on a similar date, and has a similar name to me, so my lawyer got confused? I looked up my actual case and discovered I was marked guilty in absentia. Am I screwed? The lawyer says they're looking into it.

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Ohio

So, one of my friends took me to talk to a friend of his who is a police officer in another County. Basically this was just to get me to relax because I had been freaking out for the past couple days. One of the questions he asked me was did we hang out any time other than when we were having sex. We did occasionally. With a bit of a wink and a nod he said it sounded like my ex boyfriend was mad he wasn't getting blowjobs anymore.

The other thing he told me that even if there wasn't a statute of limitations, it would be impossible to investigate. There's essentially no evidence unless I admit to it. The only thing he can prove is that we had a relationship of some kind at one point.

One of my concerns, and one of his immediate concerns was for my safety. I haven't been talking to him, and being very careful about where I am and how I get there. I've been getting rides and Uber so I don't have to take my own car, staying at a friend's house, and Staying off of social media.

It just so happens that my new police friend used to work in the county that my stalker lives in. turns out the guy is on probation for a bunch of stuff involving drugs. He called up the guys PO and basically told him you might want to check on him. What he told me was that generally speaking, if someone is doing something stupid and fucking up they're probably doing other stupid shit too.

Turns out he was right. he went back to selling drugs after running up a huge gambling debt. they picked him up with drug paraphernalia and he's now going back to jail.

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Previous Post

After talking with the (Texas) courthouse on the phone (everyone was surprisingly helpful and nice), I'm sad to say, it would be cheaper for me to just take an L on this whole situation and use it as a learning experience. For me to appear in court I would have to take the entire day of work off and then plead guilty. I can try to offer a solution, but that may not even work and then still have to pay the fine anyway. I would be losing 12 hours of overtime at my job, which I rely heavily on, with a risk of still owing $250 for the fine. I just can't afford to argue against it, especially if I lose.

I'm going to get all the proper permits filled out, turned in, and wait for them to get review/passed so that I can put an extension on my driveway. I'm just ready to be done with this whole situation. I'm generally fine with authority figures, but Cops/Judges make me very very uncomfortable. I'm having trouble sleeping and eating, my back hurts, I'm anxious all the time and the court date is not until July 5th. Plus, I just feel like the cards are already stacked against me. Anyway...

Thank you everyone that offered help and guidance on my post. I really hope all this doesn't affect my future in terms of job search and things of that nature.

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Good morning, I am attempting to sue my wedding planner for abandoning me on my wedding day. She has a clause in her contract that I think protects me against this situation. The clause in the contract reads as follows "LIMITATIONS OF LIABILITY & INDEMNITY" -In the unlikely event of the Planner being unable to attend to the wedding due to any cause beyond the Planner's control, the Planner reserves the right to appoint another Planner to attend to your wedding on their behalf to undertake the wedding to his/her best ability. If the situation should occur and a suitable replacement is not found, responsibility and liability of the Planner is limited to the return of all payments received for the event package. Can I proceed with a breach of contract case against her? She left the premises and did not provide a replacement in her absence. Therefore the staff at my wedding venue was forced to step in and see that the wedding and reception was carried out.

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I came home to a packet of papers on my front door stating the town wants a 20 foot easement on the front and back of my property to put storm drains in. 20 feet is about a third of my front yard. I am in agreement that we need storm drains installed. My yard floods terribly every time it rains. They want me to donate the property to the town. They also attached a paper saying I’m entitled to fair market value of said property but the papers they attached to be signed all say I’m donating the land. No word about compensation. I’m not concerned about the money but don’t want to give up my property and have that be an issue when I go to sell my house next year. Any advice on my rights or what I should do would be most appreciated. I’m in Indiana if that matters at all.

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Location: Long Island, NY

As the title says I was stopped Friday, 6/15/18, at 11:05pm for a broken headlight. The cop asks for my license and registration, after a half hour, he tells me, "I'm doing you a favor by not bringing you in, your license has been suspended for selling drugs." I was baffled, at first I laughed out of disbelief, and then was quickly informed that it was not a joke.

My charges are as follows:

  • FLD/SURR/LIC/REG PLATES/REV-ART7 (MISD)
  • DIVERS VIEW OBSTRUCTED
  • NO/INADEQUATE LIGHTS
  • OPERATING WITHOUT INSURANCE
  • UNLICENSED OPERATOR
  • AGGRAVATED UNLIC OP 3RD (MISD)

I'm claiming guilty to my inadequate lights and obstructed view, I had my graduation tassel hanging from my mirror. I'm certain this is a clerical mistake as there are many people with the same name where I live. Because I didn't know my license was suspended for a crime I didn't commit I received charges that I otherwise wouldn't have. I've prepared the following pieces of information in my defense:

  • Pay stubs prior to the crime to prove my work hours of 8:00am to 5:00pm.
  • Gym check-in's Monday through Friday from the hours of 6:30pm to 8:00pm.
  • Driving history.
  • Proof of insurance.
  • My clean criminal history aside from the alleged crime, leading to my license suspension.

My question to you guys is, what do I do from here? I'm looking for a lawyer before attending my court date in August, is there any way to clear this up prior to the court date? If you've taken the time to read this, THANK YOU!

TLDR: Cop stopped me and informed me that I committed a crime that I didn't. I was not brought to jail.

--

Update!

Per u/expatinpa's recommendation I've gone ahead and checked my driving history on the DMV website. My Drivers license is in fact suspended and I CAN'T drive. Something more interesting than that, I have three felony charges and two charges of reckless driving in my history.

One of these charges being (6) months after I had passed my drivers test, so I've been driving without an active license for years now. This could explain the trouble I've had in acquiring employment. Thanks for all who have helped so far, I've found something that could potentially improve my living conditions and income in the near future, I'm almost in tears at the moment.

--

Update (2), 3:12PM

After looking up my driving history the following charges also exist within my driving history, I did not commit any of the charges listed.

  • SUSPENSION: 11/01/13 (I was 22 and in my sophomore year of college, and nowhere near the alleged location), FOR THE POSSESSION OR SALE OF DRUGS.
    The above suspension means I have been driving without an active license for five years now
  • 3 ACCOUNTS OF MISSED FINE PAYMENTS: Year: 2014.
  • RECKLESS DRIVING: 4/15/18
  • RECKLESS DRIVING: 2/9/15

In conclusion I can only assume that my identity has been stolen.

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I have been emotionally harassed and physically beaten (black eyes, busted lip, nearly broken jaw, massive face swelling no makeup on earth could hide) several times since a few months into our relationship.

I have low self-esteem and was scared of what he would do if I tried to leave or called the cops, so I didn't. I learned I was pregnant a few months ago and he was very happy. I thought the beatings would finally stop. I was wrong.

I was planning on visiting my parents for a week in another state and when I was on the plane, I decided that I wasn't going back to him.

Am I going to get in trouble for keeping our unborn child from my abuser?

He knows which state I'm in but has no idea where in that state my parents live.

TL;DR: Ghosting baby-daddy. Am I allowed to do this? We are originally from Florida.

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I recently came back from a 3 week exchange program to Germany. During this trip I got bored and decided to watch Dunkirk (2017) but as I live in Costa Rica where it’s not as bad to watch pirated movies, I watched it from the movie app ‘Popcorn Time’ without any VPN. I came back two days ago and now my school principal personally called me, told me the police had come to their door asking if someone had downloaded a pirated movie and I learned that it’s a fine for up to €1000 or jail for my exchange partner’s family. I told her it was me because I watched it on my Apple laptop and I was the only one in the house that had one so I couldn’t say I didn’t do it, and because I don’t want to lie to the school principal about a legal issue. Please help.

Edit: I want to clarify that I’m not completely informed on what actually happened, I was just informed through a phone call by my school principal as it was a school-organized exchange program. I don’t want my exchange family to pay for my wrongdoings and mistakes.

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I consented specifically to protected sex with a guy I met on OKCupid, and in the middle of it I noticed the condom was hanging out by my elbow, right by where the guy's right hand was.

Is that a reportable offense?

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Posting this for a friend who doesn’t know what to do in this unique situation. Someone drove into and knocked over my friend’s retaining wall on their property. They called and filed a claim with the insurance company of the driver. When they got a call back the insurance company said they aren’t covering it as they claim it was an “Act of God”. Turns out the person who was driving was being held at gun point by someone leaving a crime scene. The person who was holding the driver at gun point is now in jail, and doesn’t seem to be getting out anytime soon.

My friend has had a few quotes to get the wall repaired and it will cost several thousand to do so. If any additional information is needed I can provide.

Philadelphia, PA

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[New Jersey] My high school is having an optional after graduation party. In the permission slip to go to it, it says you can't leave before 4am. I don't have to go, but if I do I would have trouble staying awake that long. If I left early even though I'm not supposed to, could the school sue me for violating the permission slip?

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He went in last week and the dentist told them he had a rotten tooth. He made an appt for today. He went in and they literally pulled the wrong tooth. They said they would pull the RIGHT one for free. They tried to weasel out of it by says that the tooth they pulled erroneously needed to come out anyway. Should he get a lawyer or try to settle on his own? LOCATED IN TEXAS, UNITED STATES.

**UPDATE: Dentist who fudged up offered him permanent crowns for both teeth and he took the offer**

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Good morning. For reference, we are in Florida, USA. My sister is looking for an apartment. She found one that she likes. They are charging $960 for the first floor, and $800 for the third floor. Second floor is somewhere in between. There is no elevator access at the property.

She is a prosthetic wearing amputee (below the knee) and does not think she can comfortably live on the second/third floor.

Can they charge her more just because it’s on the first floor? It’s a pretty significant price difference. I just don’t want her making any waves unnecessarily. I’m not sure if she has any ground to stand on per se, or if they can just tell her she has to pay more for an accessible apartment.

All thoughts and opinions appreciated, thank you!

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My wife and I enjoy going to nude beaches to sunbathe, is it illegal to do this in a privacy fenced back yard at home? We obviously don't want to end up on a sex offenders list for relaxing in the sun.

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Colorado, USA To avoid names, I will use initials CL for Crazy Lady

To give some background on the situation, my father is 61 years old, loves to talk to people and hear lots of stories. He has never stalked anyone and keeps to himself and my mom a lot. So this is why I am posting this because he is too timid to stand up to the CL.

Over the course of 4 years my father bumped into CL first when she was working as a lifeguard at the senior center and he began to chat with her. A year later my little brother had sore shoulders and so my dad took him to a different pool, and CL just happened to be lifeguarding at the time. A year later, my father took my little brother to a trampoline bounce house, and she was there with a group of friends. The final time was one more year later at a business association party, and my dad was with my mom so he introduced CL to her and then went their separate ways.

Fast forward to 4 months ago the police knocked on my dad’s door saying he had to show up for a civil dispute. Turns out CL filed a restraining order against my dad, claiming that he was stalking her and that he had shown at 7 different places that she had worked at. My father didn’t know where she worked, he said he had only seen her those 4 times. At the hearing he presented evidence that he was not anywhere in the vicinity of CL on the dates and locations she claimed to have been working, with time stamps and receipts, however the judge glimpsed over it tossed it aside, and just took the girls word for it. She presented no evidence, and just kept claiming how she was a 4th generation daughter and she lived in our town for generations. The judge agreed with CL and placed a restraining order against my father. My family was shocked but agreed that if it would end the trouble it was no bother for him to have it because he hoped it would be the end of it.

Fast forward to today, Father’s Day, the police came knocking on my dad’s door saying that she had seen him show up at a frame shop in our town and she was there at the same time. My dad presented that he was not in fact there with Strava (he loves to bike and keep track of it). However, the investigation is still going and I am afraid this lady is going to keep harassing my father. I turned on tracking on google maps for his phone to keep track of him and he keeps all his receipts for tax purposes, is there anything else he can do?

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My girlfriend and I have been together for 8 years. We recently graduated from college (1 year ago) and have a 6 month old son. I trust her but I do want to get a paternity test. I've had some insecurity issues I never really got checked out,

My question is, do I need her consent to get a paternity test? I dont want to ask her because she will likely get defensive and break up with me but I still want to get the test. I dont suspect she cheated but I need that peace of mind and verification that my son is biologically my own.

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This is an apartment complex. With a actual company. Is there any legal recourse? Today orkin showed up banging on the door with a key in hand about use it, when the door was opened. No one notified us at all.

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I was subpoenaed today to testify as a witness in a case against my ex-husband and am also required to bring my 2 minor children (case involves them, both are teenagers). We live about 3 hours away from the court, and I will be 39 weeks pregnant with a high risk pregnancy, am scheduled for a c-section 4 days later. My unborn baby is breech and unable to deliver naturally.

I haven't been able to get ahold of the DA in the case.

Has anyone been in a similar situation or does anyone know, is this a valid medical excuse to not attend the trial? I am still trying to get in touch with the DA and I am not looking for a legally binding answer here just maybe some thoughts on how the courts view this type of scenario?

I am in California.

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My brother injured his knee doing PT after boot camp (during A school). Now they are threatening to kick him out without any type of benefits or compensation via early separation because he can't perform physical duties. He has a final evaluation in a couple weeks, is there anything he should know going in? Thanks in advance for your time!

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my employer says that they had spoken with me about the reschedule, but i don't remember this conversation. in all of our schedules that were posted online, and even the supposed "updated" schedule that i was texted, it still shows my old shift. and in order to come into what i thought was an early morning shift, i had to buy a cab for about $20.

I'm really annoyed, is there anything i can do about this? or at least to prevent it in the future?

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My 7 mo. pregnant wife and I recently moved into an apartment to get ready for our first kid. The owner and an unknown number of roommates were the previous tenants. Although she owns the property she doesn't have control over it anymore as it is in a trust controlled by her mother. The place was fully remodeled before we moved in because as we later found out, the previous tenants had pretty much destroyed it. We became aware through neighborhood gossip that they may have been involved in meth. We and the property manager had the place tested, and it's uninhabitable due to high levels of methamphetamine chemicals. We've had to move into a hotel, and we may lose lots of our property, including some things with sentimental value.

The trust has been covering our hotel bill and have indicated a willingness to pay for items lost. Should we sue otherwise? This has been extremely hard for both of us and I want to weigh the costs of the stress involved with suing vs. just accepting what the landlord offers us and moving on.

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(Arizona, Maricopa County)

To cut to the point: My wife was fired for an irregular EKG.

My wife had a pre-scheduled, pre-approved doctors appointment on a Wednesday. During her appointment they suspected the need to run a EKG, which came up irregular.

On returning to work, her employer queried about her appointment, which she told them, she had an irregular EKG.

From there her employer asked her to go home, as they suspected their work was too stressful (Dental office). On request of her employer she was to return Monday. (My wife asked for no accommodations or time off, as it was a irregular EKG, nothing was definitive, there were no medical limits or recommendations made)

She fired her that Sunday, stating it was due to the irregular EKG via text.

I am just curious, is this legal in Arizona? As she's a dental office with 14 or less employees, I would think the ADA would still apply. And as her employer doesn't offer sick leave, a violation of the FMLA as well. Even without state protections, shouldn't this be plainly wrongful-termination?

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