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  1. CdwJava

    Alcohol & Drugs: DUI, DWI DWI / No Miranda Rights

    There is ample case law that permits an officer to direct you out of your car on a stop. Your failure to comply with that could be considered obstruction (or the equivalent law in NY). If they interrogated you after you were arrested and did not properly advise you of Miranda, then any...
  2. CdwJava

    false allegation child abuse

    Most child molestations are committed by perpetrators that the parents (or one of them) would never suspect. Some 9 of 10 are committed by family or close friends, so it is no surprise that a mom might honestly believe nothing happened. Yet, per the OP, the daughter has gonorrhea. That tends...
  3. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication Trapped in 647 F PC- Drunk in Public

    He mentions a hearing date, so it appears he may have been released with a citation and not per 849(b). But, depending on the county, the DA may simply not file anyway.
  4. CdwJava

    false allegation child abuse

    Maybe it's just me, but, I still have a greater concern for this child and how the girl got gonorrhea!!! Folks, this did not happen by happenstance or by shaking hands with a playmate! Mom and dad may be the only way to sort it out. While I understand their reticence to speak to the police...
  5. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication Trapped in 647 F PC- Drunk in Public

    A complaint? For what? If you were too impaired to care for your safety or the safety of others, then he had every right to make the arrest. If you feel that you were NOT sufficiently under the influence to meet that burden of proof, sure, make a complaint. What do you want to use the...
  6. CdwJava

    Termination

    You might want to consider speaking with an attorney who can evaluate your claims to see if your termination might be some form of retaliatory conduct for your allegations of racial bias. However, if there is no unlawful act connected to your allegations of "racism" (whatever that might mean as...
  7. CdwJava

    need advice

    Sharing a bed with a minor will not be enough - by itself - to justify the seizure of a child by CPS. Is there any reason to believe this might be an issue?
  8. CdwJava

    Arrest, Search, Seizure, Warrant Remove warrent for domesitc voilence

    If he was charged with domestic violence, it is not uncommon for the COURT to issue a criminal protective order on its own initiative, or, at the request of the DA. Or, the girlfriend could have obtained one through the court as a result of the incident. Having said that, there are two general...
  9. CdwJava

    false allegation child abuse

    Actually, I would consider getting that attorney on board sooner rather than later. Why? Because gonorrhea is typically spread only through sexual contact (or vaginal birth). If the child has gonorrhea, mom does not have gonorrhea, and dad does, this is NOT going away! Mom and dad have the...
  10. CdwJava

    hippa

    Yes. It happens all the time. The media are not medical providers and not subject to HIPAA laws.
  11. CdwJava

    Drug Crimes, Substance Abuse Possession of medical marijuana, driving under the influence

    They did not randomly stop you. What were you doing that caused them to stop you? Do you know? That's wonderful, but, had you smoked any of it or your previous stash? It may come as a surprise to you, but buzzed driving is impaired driving, and marijuana can get you buzzed. Marijuana...
  12. CdwJava

    Alcohol & Drugs: DUI, DWI How long in jail?

    You do NOT have to be "drunk," only impaired. Buzzed driving is DUI. Engage a criminal defense attorney. For a second offense you face at least four days in jail and up to 1 year. Fines and fees can be in excess of $3,500. You can expect a license suspension of up to 2 years, and a...
  13. CdwJava

    California grandparent visitation

    It is not too likely that the court would grant visitation in such a circumstance. However, you can still speak to an attorney on the matter just in case. Plus, maybe you can cajole dad to allow for visitation. Or, help mom file for visitation if she is truly clean, sober, and not otherwise...
  14. CdwJava

    California grandparent visitation

    Well, if you cannot get voluntary visitation, you will have to seek court-ordered visitation. A grandparent has no inherent right to see a child against the parent's wishes. You must prove to the court that (1) there was a pre-existing relationship between grandparent and grandchild that has...
  15. CdwJava

    California grandparent visitation

    Check here for answers on grandparent visitation and the courts: http://www.courts.ca.gov/17976.htm
  16. CdwJava

    opposite gender children sharing a bed in Kentucky

    Unless one of these children is a foster child, or there is a custody agreement that covers this, there is no law that would address this.
  17. CdwJava

    Dog attack

    Anyone can sue anyone else for just about anything. Winning, on the other hand, may not be that easy. If the other dog was running at large and broke into your yard you might stand a good chance of receiving an award for damages. But, if both dogs were running at large or your dog ran into...
  18. CdwJava

    Harassment, Stalking, Misconduct Online Catfishing: Need INPUT

    While what you did may not be against the law, I have to ask, WHY??? :rolleyes: I can only venture a guess as to what kind of deviant mind might enjoy this sort of game.
  19. CdwJava

    Warrent Needed?

    There is no such court order or "warrant" that can compel the police to investigate anyone or anything. The police can investigate whomever they choose. "Seems to be"???? If the police have been watching someone that long, chances are members of that family keep getting into trouble. The...
  20. CdwJava

    car in my name but don't own a car

    How did you find out that someone has a car in your name? Do you KNOW that someone has a car in your name, or did you happen to hear from a friend of a friend that someone had a car in a name similar to or the same as yours? You can always check with the DOL in your state to determine for...
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