Defamation, Libel and Slander Lawsuits
If you meet the requirements for a civil action, you can sue someone for libel or slander if they have written or said something bad about you. However, you must be able to prove the necessary element...
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What is the duty to mitigate damages?
The duty to mitigate damages is the duty, or obligation, on the part of a person who has suffered physical injury, property damage, or financial......
Back Injury Claims and Lawsuits
If you are filing an insurance claim or personal injury lawsuit after a back injury, you can help yourself by knowing what to do in the immediate aftermath of your injury, understanding how to approac...
Are structured settlement payments considered income for purposes of public benefit programs, such as social security and medicaid?
Just as with a lump sum settlement, a structured settlement's periodic payments will be counted as income for qualifying purposes for Social Security and Medicaid....
Can a marijuana possession conviction in California affect my auto insurance?
A conviction for marijuana possession in California will not likely affect your California auto insurance. California doesn't require suspension of your driver's license for drug convictions....
Can I use misconduct as a defense if police stole money from me during a search?
Your case will probably not be thrown out based on police misconduct. Offering police misconduct as a defense means you'll have to prove the actual amount that was in the cash box, admit to the offens...
Can I be charged with possession of marijuana if I’m a passenger in someone’s car and marijuana is found? What does’possession’ mean under Georgia marijuana laws?
You can be charged with possession of marijuana in Georgia if it is found in a car in which you are a passenger. However, if the marijuana was not found on your person and did not belong to you, you h...
While driving a friend’s car, police found drugs in the vehicle and arrested me. Why was I charged with drug possession?
Keep in mind that for someone to be arrested for drug possession or any other offense, most states only require that an officer have probable cause to make the arrest. Probable cause is a much lower s...
License Suspension for Marijuana Possession in Virginia
If convicted of marijuana possession in Virginia, state law requires a judge suspend your driver's license. Two main policy concerns are used to justify suspension: first is to prevent individuals us...
I was arrested for possession of cocaine, but it was just dust residue. Can they do that?
I got busted for possession of cocaine, but it was just dust residue! There was not enough there to get a canary high. Can they do that?...
If someone else’s drugs were found in my car after I was arrested for DUI, can I be charged for possession?
I was driving one of my family's cars when I was stopped for DWI. When they arrested me they searched the car under what they call an inventory search. They found drugs under the front seat. I was cha...
What is an illegal search and seizure?
When a police officer conducts an illegal search and seizure the evidence obtained as a result of the illegal search cannot be used against you. This usually results in a dismissal of the case if no o...
Can the police legally look through my garbage?
The U.S. Supreme Court has decided that cops can search and seize abandoned property. In essence, once papers or contraband have been thrown into a trash receptacle, it is considered 'abandoned' and a...
What should I do if the police found drugs that weren’t mine during a car search?
Anytime a police officer finds drugs in a car that you are driving, you can face serious criminal charges. Find out what you can do to help your defense when the drugs found by police did not belong ...
Can a police officer search a passenger in a car that has been stopped for speeding?
When police pull over a car for speeding, passengers may only be searched under certain circumstances. Police must have either'probable cause' or'reasonable suspicion' to legally breach the privacy of...
What are the differences between petty offenses, misdemeanors, infractions, and felonies?
Criminal law is a very broad area of law which can cover everything from a traffic ticket to a murder charge. General principles of criminal law such as'the right to remain silent,' are guided by righ...
My previous probation officer allowed me to report by phone. What do I do if my new PO sees this as a violation, even though I complied with all of the terms of my probation?
Your first step is to start reporting as your new probation officer wants you to. This will demonstrate that you are actively trying to stay in compliance. To deal with the past phone reporting issues...
Can I be charged with possession of marijuana if I’m a passenger in someone’s car and marijuana is found? What does’possession’ mean under Illinois marijuana laws?
In Illinois, as in most states, you can be charged with possession of marijuana if it is found in a car in which you are a passenger. However, if the marijuana was not found on your person and did not...
Is a father’s consent required if the child was the result of rape or incest?
If a child is produced as the result of rape or incest, the mother may be psychologically disposed to place the child up for adoption in order to not be reminded of the pain and suffering that she was...
Is a child’s consent necessary for adoption?
Whether or not a child's consent is necessary for adoption will depend on the circumstances and the age of the child. Of course, in the event that a child is adopted as an infant, no child consent is ...
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