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  1. M

    Can my ex girl friend take all my furniture & appliances

    Small claims court could help divide the stuff so she gets just what she owns or deserve. Some states give her 50% since you have been living together for so long……..they kinda give her marriage statues in such cases even if she did not work. They believe she contributed in other ways………… So...
  2. M

    Criminal Law Legal records

    Cont of first post........ There is really not much you can do…………. You mentioned a lawyer told you he does not qualify for a waiver. It is true, the crime was not committed here, he ran away instead of serving his time, two other offences in Germany, and he has not lived in the USA long...
  3. M

    Criminal Law Legal records

    USA immigration has what is known as a petty crime exception. For cases like your husband, they would see how long his sentence was in Belgium and what he was sentence too……….Same will be done in Germany. They would check Belgian law and German law to see the statute and maximum sentence. Given...
  4. M

    Criminal Law DWAI - Immigration problem?

    These were the two main issues the U.S. District Court for the Western District of New York addressed in United States of America v. Thomas Gordon. They answered this question about the difference between conditional discharge and probation. Their conclusion has been up held in other circuit...
  5. M

    Criminal Law Legal records

    I think you missed one question which is very important..... -What was the maximum possible sentence he should have got? I know he got seven months, but what is the maximum under Belgian law? -For the charges in Germany, I need to know the sentences he got, and the maximum possible...
  6. M

    H Visa Transfer L1 to H1 with COS

    The date on the H1B visa does not matter once it has been cancelled. Your company has filed and got you temporal approval for L1. You might have a valid date on the H1B visa but it is no longer valid in immigrations system. Your H1B I-94 is no longer valid…. If you leave the US you would return...
  7. M

    E-Discovery and Computer Forensics

    I told you she is his wife until the divorce is final. It is fair to assume that he has the right or could have seen her email………It is not unusual for spouses to snoop into each other’s stuff…It is not a crime. If there is a threat on his life, he should call the cops ASAP. They would look into...
  8. M

    Criminal Law Legal records

    What matters is what kind of charge was he accused of? What was the maximum sentence ? What did he get as his sentence? Is that his only record? Where is he? Have you filed for him? Where did you file? You could qualify for a green card depending on the type of offense.
  9. M

    H Visa Transfer L1 to H1 with COS

    Clarify your questions; Your first paragraph is confusing….can you explain the background of the story again in details?? What visa did you come to the US with? What different visas have you had since here? What visa was cancelled and what replaced it? What type of visa do you currently...
  10. M

    E-Discovery and Computer Forensics

    The providence of the document would probably lead to inadmissibility in criminal court. Email addresses can be made in anyone's name and used. They are generally not viewed as credible or admitted if she does not confirm they are valid. More so, the way he got them ………..illegally without her...
  11. M

    Shoplifting, Larceny, Robbery, Theft Unfortunate Shoplifting

    My advice to you is based on a defense perspective…….It is true that what a store worker claims can hurt your case as Carl says. But the burden of proof is on them. You would not be convicted if they don’t prove you guilty beyond a reasonable doubt. Your lawyer just has to create a doubt which...
  12. M

    Talking with the police

    You don’t have to give the name without talking to your attorney. Don’t talk with them if you feel a crime which could implicate you was committed. Get advice from a lawyer first. If you are in no way involved, then you have to be a good citizen and do the right thing.
  13. M

    Shoplifting, Larceny, Robbery, Theft Unfortunate Shoplifting

    Your story sounds convincing………..But then, that is your side. Just to add to Carl’s advice…, if they have a tape it would make or break your case. The cost of a lawyer or his reputation cannot help you win such a case…….it all depends on what the tape shows if there is a tape. If there is no...
  14. M

    Online Purchase Breech Of Contract

    It is best filed where the sale transaction took place or in the county the seller lives. You can file for reasonable damages…………the judge would evaluate your amount, evidence and determine if you deserve. The judge can award the amount he feels you deserve. So ask for what you feel you deserve………
  15. M

    K Visa Fiance Visa, Philippines wife

    We focus here mainly on immigration regarding the USA. I don’t think you would find much help here if it has nothing to do with the US…………………please clarify!
  16. M

    K Visa Fiance Visa Denied

    Given you have tried three times and have been denied all three times, you need a change of strategy. I would have loved to give you advice on moves you can make to improve your evidence. I would rather differ you contact an immigration lawyer with all the paper work you filed and evidence...
  17. M

    Negligence, Other Injury Slip and Fall Injury Question

    Don’t take the money………….You could settle for over six figures…….Consult an attorney specialized in such liabilities. The attorney would examine and advice you on how to proceed. Just don’t contact the store or sign anything with them. If you can’t afford an attorney, most would proceed for a...
  18. M

    Alcohol & Drugs: MIP, MIC, Intoxication NYC underage drinking, open container

    If that is your plan go to court and plead not guilty. If you can’t afford an attorney, one would be appointed. You seem to be creative………..your word versus his is 50-50… Can go either way. You would have to explain circumstances leading to you holding the beer and might need a witness who can...
  19. M

    Question About Judge's Conduct/Decision

    Just to confirm Carl’s post……..Judges have tons of case load and have the discretion to leave out what they want in the interest of serving everyone timely……….He should see the evidence if he feels it could affect the outcome of his ruling……..If he did not and you feel it would have affected his...
  20. M

    Arrest, Search, Seizure, Warrant Arrest record - DWAI

    Your charge was reduced due to the plea not because you were not DUI……at least that is what I gather from your post. Arrest records are never destroyed at the FBI. You can’t get rid of it. You should talk to your criminal attorney about how to seal the arrest record. A traffic infraction does...
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