r/Ask_Lawyers 2d ago

Suing the city for safety

0 Upvotes

I am considering suing the city for safety hazards accidents that could have been prevented with better sidewalks, roads and lighting. The first bike accident which I emailed the city about they had put these median bumps onto the divider of the car lane and the bike lane. After I crashed making a left turn at the intersection, and hitting the median I emailed the city about the safety and they put up a cone where the median started. The most recent, a scooter crash was due to debris on the road, a highway with no street lighting. Any thoughts about who would help me and what to present? Thanks!


r/Ask_Lawyers 2d ago

Is it common

1 Upvotes

Just needed some advice OR a question answered by anyone who is familiar with county jails and criminal court trials... So a friend of mine was charged with two pretty hardcore felony's, he had a jury trial while also being held in custody (county jail) for 9 months while the case was progressing towards the trial, so fast forward to said trial which lasted 2 days out of the 3 scheduled and luckily the jury found him the defendent NOT GUILTY of one of the felony charges and the other charge was dismissed on procecutors own motion day 1of the trial. My question*> is it common or legal for criminal defendants being held on criminal charges that are aquitted by trial judge to still be in custody 3 or more days later??... This trial ended with not guilty verdict on a Tuesday evening and it is now a Friday night. (FYI There are no other charges or cases in any other states or countys) so I'm not understanding why it is taking so long aren't not guilty verdicts (granted by judge) supposed to be released immediately or within a few hours?? Why is it taking so long? Also my friend is not listed in custody per the county jail website. Is it legal to take long to release defendents? Whats the longest someone you've known had to wait after aquittle before they're released? (I know it's case by case and no definite answer.) BUT there's got to be an explanation for this. Thanks in advance. *


r/Ask_Lawyers 2d ago

First Amendment Law Post-Lemon

2 Upvotes

As an education law instructor I have pre-service teachers or second career Master's students who are obtaining their teacher certification. A common evaluative measure that was part and parcel to a number of 1A cases in the late 20th century was the three-prong Lemon Test that came about in the early 1970s during the Burger Court to determine whether a government action violates the Establishment Clause of the First Amendment.

In 2022, in Kennedy v. Bremerton School District (2022), SCOTUS held that the court had long abandoned the Lemon test, which Justice Gorsuch criticized as being too abstract and ahistorical (granted it was never without its criticisms), favoring a new approach that emphasized “reference to historical practices and understandings.” Justice Alito also described the Lemon Test as “now abrogated” in 2023 in Groff v. Dejoy which was a non-education related religious accommodation case.

  • For those of you who practice in this area, how are you advising clients to approach the "historical practices and understandings" approach? I'm not exactly sure what that means or what it might look like going forward in evaluating whether or not the Establishment Clause has been violated especially since most of these cases are litigated in the lower courts anyhow.

Any insight is appreciated.


r/Ask_Lawyers 2d ago

How to prove embezzlement of crypto assets?

1 Upvotes

Let's assume someone stole a bunch of crypto assets from a defi protocol by gaining administrative access, and they did stuff so the transactions no longer show up on the blockchain history. But, they still have $16 million in their possession from selling the assets through a third party. So, there is still evidence out there but it's difficult to find.

What can be done to find it?


r/Ask_Lawyers 2d ago

My innocent friend has been found guilty of rape due to a flaw in the Scottish justice system

0 Upvotes

Articles 274 and 275 I believe prohibit any intimate interactions as admissible evidence to prove consent.

My friend had heaps of chat logs showing that it was consensual. How else can you prove consent other than showing the intimate chats?

The 2 accusers are heroin addicts, one of which was already in jail for rape and the other has a long list of armed robbery related convictions.

By law their testimonies alone is the only evidence they had. Their records alone should prove their word has no credibility, unless the jury don’t get to know that either.

Most of the good law firms just don’t want to take the case I assume because the success rate would be unlikely.

I’ve met with a politician who has said he won’t be considering the law being reviewed. I also met with a reputable ex prosecutor who knows the accused personally, he seems to think that there are no grounds for appeal or mistrial as this is the law.

It seems we can’t fight this in court so my next option was to reach out to journalists and publish the facts.

It basically seems to me that any 2 people could accuse anybody of rape and the accused cannot provide the only evidence they have to prove consent.

Considering the fact that we have every chat log including sexually explicit videos sent by the accusers at their own free will, how can we fight this?

And would you agree that this law in no way allows for a fair trial?

Thanks for taking the time to read and any input whatsoever would be greatly appreciated.

I should also mention that my friend is a gay man which in my unproven opinion has influenced this decision and also take my word for it that the evidence we have proves his innocence beyond any reasonable doubt. Thanks


r/Ask_Lawyers 2d ago

How Do You Handle Expert Witness Court Scheduling

2 Upvotes

Hello. I perform medicolegal expert witness work, which sometimes involves court appearances. Lately, it feels as though I’m being taken advantage of with regard to scheduling time off to appear in court and am at the whims of the court schedule and usually last minute settlement process which leaves me in a difficult position.

For instance, I am working on this case now for which jury selection is Monday and am supposed to technically appear on Wednesday. Attorney called me to say they were close to settling and it might get done Monday. My fee sheet has a 72 hour cancellation policy for appearances so technically we are inside that window.

It just seems that attorneys are taking advantage of the situation - I’m usually not given a firm date and thus there’s no true window when to start the clock if the case settles before trial but yet they expect me to be available. How do I handle this to avoid being taken advantage of?


r/Ask_Lawyers 2d ago

Any lawyer moved abroad?

2 Upvotes

Hi, I am specifically looking for anyone who has their own law firm and has moved abroad. My lawyer parent (US) has been thinking of moving to a country in the EU. She has her own law firm and has many clients online from other state. Is it possible for her to move to the EU and keep her firm online? Does she have to register her business there? Which visa can she get? I’m also thinking of doing the same coming out of law school. If she wanted to then help europeans immigrate to the states, does she have to create a separate business for that?


r/Ask_Lawyers 2d ago

Ex filed order of protection and had me kicked out. Now she moved out, when can i move back into my home? (AZ)

0 Upvotes

To make a log story short, i caught my ex cheating on me and she dumped me. My brother and I asked her to move out and she refused and threatened to have us evicted with blackmail. After a month of tensions rising and her putting together that ive moved on and began seeing other people, she filed a order of protection against me on false premises. Since then i had been told by the police that i cant come home anymore, and was told by 3 (three) separate attorneys that due to the claims she made, i was boned and could stand to face criminal charges if i contested. Since i am not a criminal, poor, and a man, i decided that rolling with these punches would be easier than opening myself up to jail time in the VERY VERY likely event that the judge dismisses my evidence and doubles down just to “play it safe”. Since then, she has moved out to someplace else. Since i have no inclination at all to ever associate with her and haven’t for a while, i really honestly couldnt care less about her maintaining the order of protection, except for the fact that it removes me from my brother and home. Should i have an attorney contact her and tell her to withdraw/modify her PO? Truthfully told i am not spiteful enough to want her to be in any trouble, so i dont want to try to blackmail her, but its very useful for me that since she has moved, she has no business barring me from my home and my brother. Any fruitful advice is appreciated!! Thanks!! :)


r/Ask_Lawyers 2d ago

Car sharing agreement with co owner/signer. Can I include a part that states 3 missed payments results in the sale of the car. Without or without the cosigners permission.

1 Upvotes

I bought a car for my sister. I am the primary owner and she is the co-owner. I want to draft a car-sharing agreement that states 3 missed payments resulting in the sale of the car with or without their permission. Is that legal? And if so what is the best way to word that in the agreement? Thanks in advance!!


r/Ask_Lawyers 2d ago

Paying to be in the will

1 Upvotes

This happened in a TV show and wondering the legality. Main character wants to buy a piece of land that has an old abandoned inn. The current owner is an elderly women who wants to keep the land in the family for as long as possible. The old lady however has no children so upon her death the land will probably go up for auction. Would it he legal if the lady agrees to pay for the land now in exchange for it to be given to her in the will when she dies? If not is there another option?


r/Ask_Lawyers 2d ago

I've been seeing the founding fathers home defense musket meme and wanted to ask how it would work in real life

4 Upvotes

r/Ask_Lawyers 2d ago

Need Info regarding OBC(NCL) Eligibility

1 Upvotes

Hello, I am JEE Aspirant and need OBC(ncl) certificate , Both my parents are govt employee(group C). For children's of government employee the rule was that both parents have to be come under group C or D , so I am eligible for the certificate, but where and how do I prove that I am eligible and get my obc(ncl) certificate.


r/Ask_Lawyers 2d ago

Workjam Frustration

1 Upvotes

I have worked for a car rental company for 8 years 6 months. We use workjam to clock in and out for shifts, trade shifts, requesting time off, and a bunch of other things. Recently, we have switched banking entities from ADP to UKG Pro. When this switch happened I was logged out of my workjam account. So I tried logging back in wj said my password was invalid and to try again. I triple check my password and tried again. Same result. So I hit the forgot my password button and wj said my email address didn't exist even though I had emails from wj with notifications forward to my email. So I reached out to our IT department only to discover that my email was valid but I had to reset my password with a temporary password. So I did exactly that. Only to find that my email and password didn't exist. I sent an email to wj but have yet to receive a response. Because of workjam's neglect towards me, I cannot log my hours and therefor cannot receive my paycheck. So my questions to any lawyers out there is, do I have a case of litigation and if so, how much should I ask for?


r/Ask_Lawyers 2d ago

do i need an ID?

1 Upvotes

i (19F) have been planning to leave my house, but i’m scared my parents will call the cops on me even though i’m 19, i have no ID and no way to prove i’m 19, do i need an ID?


r/Ask_Lawyers 2d ago

Do I need a lawyer to settle a debt relief issue?

0 Upvotes

Im not sure if this is the right forum for this question. Im not looking for legal advice more trying to figure out if I even need one, I guess.

About six years ago my partner and I signed up with a debt consolidation company to pay off our debts (2 credit cards and a home improvement loan)

It was supposed to only take four years, but we are now six years in. 2 of the debts are paid off but the last one in kind of in limbo. recently we were contacted and told that the company was being sued and was dropping its current clients. We received back the money that was being held in an account for them to use to negotiate paying off the final debt. we haven't touched nor have we heard from the final creditor (?) we owe.

I'm not sure if we should find a new lawyer or simply reach out to them ourselves or wait till, they reach out to us?


r/Ask_Lawyers 3d ago

Just asking for opinions

1 Upvotes

Coming up in late June is an inquest into my mother’s passing due to neglect of the hospital and mental ward. It’s a long story but the coroner is very confident in the all evidence proving all the neglect that would have prevented her passing.

Police and or coroner are representing me as prosecutors into a wrongful passing that’s all I know. I’m not sure who else is going to be there.

Myself (23), little brother and little sister are next of kin and I am the only one in my whole family going to the inquest. I know nothing of the difference between a barrister or any other type of legal representation.

Because of the extent of her passing and two government buildings being “at fault” I’ve been advised to look for legal representation for when it comes to fighting for a settlement.

Myself and my siblings have absolutely no money to put towards this. My nan said to get a “no win no fee” representation so IF or when settlement comes it will be stress free.

I’ll be going through a whole week of court matters hearing about what happened to my poor mother and I will already be stressed enough. What is your opinion if you were in my position? I’m extremely nervous 😥 (in Australia)


r/Ask_Lawyers 4d ago

What precedent is the President of the United States using to impose tariffs unilaterally? I thought there needed to be a real declared emergency to bypass its legislature.

255 Upvotes

r/Ask_Lawyers 3d ago

Who and how is it determined for a case to go to trial?

5 Upvotes

In a federal case, who and how is it determined when a case will go to trial?

I'm keeping up with a case and the last thing on Pacer was a preliminary trial where the plaintiff (USA) had one witness which was an agent, and then the defendant had several (I'm guessing to defend their character). It was determined that the defendant would be held before trial. The actual document is an "order of detention pending trial."

  • I know this will differ if they take a plea deal. How do they normally determine if it's worth offering one?
  • And then if they don't, I guess that goes back to my first question.

Thanks a lot for the help.


r/Ask_Lawyers 3d ago

In the US can someone who is or has been a public official be charged in court with violating their oath of office?

1 Upvotes

r/Ask_Lawyers 3d ago

Engineer to law school?

3 Upvotes

I graduated with a chemical engineering degree in 2018 and worked in the pharmaceutical industry, then chemicals.

I made a career shift during my time as a process engineer in the chemical industry to regulatory work. I’ve been in the chemical regulatory since 2021. In my time working, I’m in constant communication with compliance lawyers/counsels and although we kind of share the same thing “workspace”, it’s vastly different. For example, Keller and Heckman.

It’s piqued my interest as a career path to become a compliance counsel at this point u in my life, either in the biotech (pharma) or chemicals field. However, my job right now is incredibly comfortable - work from home and over $100k salary in the Midwest.

Would it be worth it to pursue law school or just keep working in regulatory?


r/Ask_Lawyers 3d ago

When an executive order has ambiguous language, how is the ambiguity clarified? Judicial review, presumably, but how?

6 Upvotes

As an example, let’s say an EO states tariffs will increase by 25% for certain countries’ imports. But the port staff (or whoever collects duties) don’t know if the increase is in addition to existing duties or applied subsequent to existing duties (e.g., 10%+25% or 10%+22.5%).


r/Ask_Lawyers 3d ago

Litigation Entertainment Lawyers

1 Upvotes

Hi, I am looking to see if anyone has any recs for an entertainment lawyer in Los Angeles or CA. I have a potential misappropriation, implied contract, unfair business practices practice claim. I am established in the industry and have all hard evidence. Thanks


r/Ask_Lawyers 3d ago

Can someone explain to me the difference between a warrant and a capias?

1 Upvotes

I know someone who had a warrant issued for failure to appear in court due to not paying child support in January, but today they were issued a "capias". What is the difference between the two? Or is there no difference? I am confused why to issue a capias when an initial arrest warrant already was issued a few month back for the same case. He's never showed up, and he never tried to turn himself in to try and have the warrant lifted. Do they come get you with one or will it still just be he will have to see the judge if he gets dinged for like a traffic ticket or a fender bender?


r/Ask_Lawyers 3d ago

What is the hardest part of your job? Is it frustrating? Is it an easy problem to fix that your firm or company just overlooks? What can make your life easier?

1 Upvotes

r/Ask_Lawyers 3d ago

Current Undergrad Sophomore Looking for Advice

1 Upvotes

Hi, I'm a current sophomore at a business school getting my BS in business administration. We have different concentrations and the ones I am most interested in are Information Systems, Finance, and Law. I am doubling up on two of them, most likely IS and law. A little bit about me is I have always been interested in the arts as an artist and how to protect creativity and ideas. Hence, I want to go to law school for IP law but am considering corporate law. I am also strongly considering applying straight out of school. What is your opinion on how law schools would perceive my degree? and Do you think I would be able to find work in tech/privacy/IP law in the current market? Also any general experience or advice is welcome!