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xyhup8
|
legaladvice_train
| 0.86 |
South Carolina. I returned a rental car at the airport and they are now claiming I did not return the car and have charged my credit card 3,000$. It has been a week and they are being unresponsive I returned a rental car at the airport and was told I didn’t need to get a receipt from the lady at the desk (she said it is all done by cameras now&receipt will be emailed) Cars came in behind me and sandwiched me in (nobody got a receipt) so I left the keys in the car and left. They are now claiming I did not return the car and have charged my credit card 3,000$. It has been a week and they are being unresponsive. There must be photo and video of me leaving the car there as well as a gps positioning for each vehicle. What are my options or possible outcomes . Thanks
|
irha3cw
|
iriqarc
| 1,665,199,094 | 1,665,240,294 | 20 | 50 |
This is a weird one. It seems like maybe someone rented the car you returned to someone else after you without going through the proper systems. If your car is really missing and they haven’t found it by now it might have just been rented to another person in which case the issue will be solved when they rerun it. If it was stolen after you left it that is a much more complicated legal matter. Technically you should have a receipt to prove it was stolen from them but you didn’t get the receipt so it could be aurgued that it was stolen from you making you liable.
|
You need to dispute the charge with your credit card. You returned the car on X date and they are still charging you simple.
| 0 | 41,200 | 2.5 |
xyhup8
|
legaladvice_train
| 0.86 |
South Carolina. I returned a rental car at the airport and they are now claiming I did not return the car and have charged my credit card 3,000$. It has been a week and they are being unresponsive I returned a rental car at the airport and was told I didn’t need to get a receipt from the lady at the desk (she said it is all done by cameras now&receipt will be emailed) Cars came in behind me and sandwiched me in (nobody got a receipt) so I left the keys in the car and left. They are now claiming I did not return the car and have charged my credit card 3,000$. It has been a week and they are being unresponsive. There must be photo and video of me leaving the car there as well as a gps positioning for each vehicle. What are my options or possible outcomes . Thanks
|
irhbp8r
|
iriqarc
| 1,665,200,113 | 1,665,240,294 | 18 | 50 |
I highly recommend do a search on hertz getting people arrested. And filing a dispute with your credit card company. Not a lawyer, just married to one that did not contribute to my statement.
|
You need to dispute the charge with your credit card. You returned the car on X date and they are still charging you simple.
| 0 | 40,181 | 2.777778 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghid5si
|
ghi0vve
| 1,609,345,010 | 1,609,338,014 | 441 | 125 |
No longer an Ohio Attorney. Ask your City Attorney, or, if there is none, your County Prosecuting Attorney about action under a nuisance ordinance. Also- are they current on property taxes? Any mortgages? In my experience, the best way to handle these blight problems is a combined community effort with an influx of grant money. So you might also check with your state representative or senator in Columbus about any grant funds available. Another Option would be to put together a business plan to buy the property, and convert to something useful that could support itself. The trick is finding a sustainable business or group of businesses in a non-saturated market. Take a look at your town and see what is missing: college/tech schools? Fitness centers? Senior housing/activities? Daycare? Good luck! This is good work to pursue!
|
I am not a lawyer as well, but consider before going the legal route, talk to some commercial real estate agent and put together a bid on the buildings. If you can throw some cash at them, they may be happy to let you have the buildings. Also check the tax records and see if they are current on their taxes.
| 1 | 6,996 | 3.528 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghimj7x
|
ghi0vve
| 1,609,349,701 | 1,609,338,014 | 136 | 125 |
I am not a lawyer but I am an Alderman on the City Council for a smaller Midwest town. This problem is really common even when the owner IS local. We've combatted it by creating a code enforcement position and empowering them to enforce strict building codes. We also have an ordinance that requires a business with at least 20hrs of active open time be on the first floor of any building with residents living above. We found that largely the building owners where squeezing out rent money from apartments and letting the building as a whole rot. Generally how your town classifies districts and enforces code is going to have the largest impact on improving down town appearances. In addition to making it very costly/uncomfortable for property owners to let their property decline, there are economic tools available to support them in investing in their property. We utilize our Hotel/Motel tax to provide matching grants for facade improvements. We also just implemented a Business Taxing District - basically we saw that our retail tax rate was significantly below the cities around us. A business tax district in our state (which is not your state) allows for a contiguous business area to add up to a 1% tax to purchases (does not apply to vehicles, medicine, groceries) with the full amount collected rolling into an account that the city can use within that district for "improvement". It's written pretty broadly so the funds can be used for a very wide range of things from structural improvements to like sewer/water/streets to marketing to straight buying derelict property for redevelopment & sale. Even art and beautification is an option. I am happy to answer any questions about running for city council, what it means and the nitty gritty of being an Alderman in small town life. I hear so many people who want to change their city but never even think about talking to their city council!
|
I am not a lawyer as well, but consider before going the legal route, talk to some commercial real estate agent and put together a bid on the buildings. If you can throw some cash at them, they may be happy to let you have the buildings. Also check the tax records and see if they are current on their taxes.
| 1 | 11,687 | 1.088 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghil8r5
|
ghimj7x
| 1,609,349,071 | 1,609,349,701 | 23 | 136 |
I am not a lawyer, but I've work in community development in MA and PA for almost a decade, often around commercial and mixed use property acquisition. I second that you should go to local code enforcement/town attorney. I also think you should try to get at least a few other neighbors and concerned citizens involved to build some organic support for what you want to do, and to have people to help you along the way. Absentee landlords are hard to bring to the table in most cases. Also start looking ahead for funding sources, County and State level Economic Development Authorities are the primary source of funds. Sometimes state legislators can earmark funds for projects. All of this usually requires a local entity, sometimes governmental, but often a Community Development Corporation, see if one exists in your area and if they have any experience with commercial property acquisition and stabilization. Another note, CARES dollars (Covid relief) are actually being assigned to property acquisition in some places, because the pandemic has shown the precarious situation small businesses are in when renting. A step that CAN be taken in certain jurisdictions is receivership, basically someone is appointed to oversee the stabilization and resale of a property if the current owner is unwilling or unable. Many steps precede this however and I am not familiar with the exact process in OH. In MA it would often take up to a year to acquire a property in this way, and that was if their was no owner contesting the process.
|
I am not a lawyer but I am an Alderman on the City Council for a smaller Midwest town. This problem is really common even when the owner IS local. We've combatted it by creating a code enforcement position and empowering them to enforce strict building codes. We also have an ordinance that requires a business with at least 20hrs of active open time be on the first floor of any building with residents living above. We found that largely the building owners where squeezing out rent money from apartments and letting the building as a whole rot. Generally how your town classifies districts and enforces code is going to have the largest impact on improving down town appearances. In addition to making it very costly/uncomfortable for property owners to let their property decline, there are economic tools available to support them in investing in their property. We utilize our Hotel/Motel tax to provide matching grants for facade improvements. We also just implemented a Business Taxing District - basically we saw that our retail tax rate was significantly below the cities around us. A business tax district in our state (which is not your state) allows for a contiguous business area to add up to a 1% tax to purchases (does not apply to vehicles, medicine, groceries) with the full amount collected rolling into an account that the city can use within that district for "improvement". It's written pretty broadly so the funds can be used for a very wide range of things from structural improvements to like sewer/water/streets to marketing to straight buying derelict property for redevelopment & sale. Even art and beautification is an option. I am happy to answer any questions about running for city council, what it means and the nitty gritty of being an Alderman in small town life. I hear so many people who want to change their city but never even think about talking to their city council!
| 0 | 630 | 5.913043 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghienn6
|
ghimj7x
| 1,609,345,780 | 1,609,349,701 | 16 | 136 |
In addition to the advice here, is there a city or county building department? Are the owners violating any currently existing codes or permits?
|
I am not a lawyer but I am an Alderman on the City Council for a smaller Midwest town. This problem is really common even when the owner IS local. We've combatted it by creating a code enforcement position and empowering them to enforce strict building codes. We also have an ordinance that requires a business with at least 20hrs of active open time be on the first floor of any building with residents living above. We found that largely the building owners where squeezing out rent money from apartments and letting the building as a whole rot. Generally how your town classifies districts and enforces code is going to have the largest impact on improving down town appearances. In addition to making it very costly/uncomfortable for property owners to let their property decline, there are economic tools available to support them in investing in their property. We utilize our Hotel/Motel tax to provide matching grants for facade improvements. We also just implemented a Business Taxing District - basically we saw that our retail tax rate was significantly below the cities around us. A business tax district in our state (which is not your state) allows for a contiguous business area to add up to a 1% tax to purchases (does not apply to vehicles, medicine, groceries) with the full amount collected rolling into an account that the city can use within that district for "improvement". It's written pretty broadly so the funds can be used for a very wide range of things from structural improvements to like sewer/water/streets to marketing to straight buying derelict property for redevelopment & sale. Even art and beautification is an option. I am happy to answer any questions about running for city council, what it means and the nitty gritty of being an Alderman in small town life. I hear so many people who want to change their city but never even think about talking to their city council!
| 0 | 3,921 | 8.5 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghimj7x
|
ghijrw1
| 1,609,349,701 | 1,609,348,345 | 136 | 7 |
I am not a lawyer but I am an Alderman on the City Council for a smaller Midwest town. This problem is really common even when the owner IS local. We've combatted it by creating a code enforcement position and empowering them to enforce strict building codes. We also have an ordinance that requires a business with at least 20hrs of active open time be on the first floor of any building with residents living above. We found that largely the building owners where squeezing out rent money from apartments and letting the building as a whole rot. Generally how your town classifies districts and enforces code is going to have the largest impact on improving down town appearances. In addition to making it very costly/uncomfortable for property owners to let their property decline, there are economic tools available to support them in investing in their property. We utilize our Hotel/Motel tax to provide matching grants for facade improvements. We also just implemented a Business Taxing District - basically we saw that our retail tax rate was significantly below the cities around us. A business tax district in our state (which is not your state) allows for a contiguous business area to add up to a 1% tax to purchases (does not apply to vehicles, medicine, groceries) with the full amount collected rolling into an account that the city can use within that district for "improvement". It's written pretty broadly so the funds can be used for a very wide range of things from structural improvements to like sewer/water/streets to marketing to straight buying derelict property for redevelopment & sale. Even art and beautification is an option. I am happy to answer any questions about running for city council, what it means and the nitty gritty of being an Alderman in small town life. I hear so many people who want to change their city but never even think about talking to their city council!
|
Not a lawyer. Does your town have a Business Improvement Association (BIA)? Getting one started may be one way to have a cohesive front when tackling issues.
| 1 | 1,356 | 19.428571 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghiu0qu
|
ghil8r5
| 1,609,353,370 | 1,609,349,071 | 56 | 23 |
Don't go the eminent domain route. It's needlessly complicated and involves lengthy legal battles. The easiest move here would be to enact city ordinances about maintaining certain commercial standards. Hell, I'd try to get on the city council yourself. You sound qualified and motivated with an invested interest in the town.
|
I am not a lawyer, but I've work in community development in MA and PA for almost a decade, often around commercial and mixed use property acquisition. I second that you should go to local code enforcement/town attorney. I also think you should try to get at least a few other neighbors and concerned citizens involved to build some organic support for what you want to do, and to have people to help you along the way. Absentee landlords are hard to bring to the table in most cases. Also start looking ahead for funding sources, County and State level Economic Development Authorities are the primary source of funds. Sometimes state legislators can earmark funds for projects. All of this usually requires a local entity, sometimes governmental, but often a Community Development Corporation, see if one exists in your area and if they have any experience with commercial property acquisition and stabilization. Another note, CARES dollars (Covid relief) are actually being assigned to property acquisition in some places, because the pandemic has shown the precarious situation small businesses are in when renting. A step that CAN be taken in certain jurisdictions is receivership, basically someone is appointed to oversee the stabilization and resale of a property if the current owner is unwilling or unable. Many steps precede this however and I am not familiar with the exact process in OH. In MA it would often take up to a year to acquire a property in this way, and that was if their was no owner contesting the process.
| 1 | 4,299 | 2.434783 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghiu0qu
|
ghienn6
| 1,609,353,370 | 1,609,345,780 | 56 | 16 |
Don't go the eminent domain route. It's needlessly complicated and involves lengthy legal battles. The easiest move here would be to enact city ordinances about maintaining certain commercial standards. Hell, I'd try to get on the city council yourself. You sound qualified and motivated with an invested interest in the town.
|
In addition to the advice here, is there a city or county building department? Are the owners violating any currently existing codes or permits?
| 1 | 7,590 | 3.5 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghiu0qu
|
ghip9yx
| 1,609,353,370 | 1,609,351,045 | 56 | 11 |
Don't go the eminent domain route. It's needlessly complicated and involves lengthy legal battles. The easiest move here would be to enact city ordinances about maintaining certain commercial standards. Hell, I'd try to get on the city council yourself. You sound qualified and motivated with an invested interest in the town.
|
Not a lawyer, but I work in urban planning. Does your town have a planning department? You could talk do whoever does code enforcement about the buildings. Does the town have a current master plan? These kinds of economic development issues are often discussed in a master plan, so you can see if there are plans in place for blight elimination, a business improvement district, etc. a lot of the time these issues are held back by a town's lack of funding and resources. towns might not have the resources to access the available funding. if you're looking for a direct way to fix it, you could buy the buildings! or you could try to get on the town planning board or start an economic development committee.
| 1 | 2,325 | 5.090909 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghijrw1
|
ghiu0qu
| 1,609,348,345 | 1,609,353,370 | 7 | 56 |
Not a lawyer. Does your town have a Business Improvement Association (BIA)? Getting one started may be one way to have a cohesive front when tackling issues.
|
Don't go the eminent domain route. It's needlessly complicated and involves lengthy legal battles. The easiest move here would be to enact city ordinances about maintaining certain commercial standards. Hell, I'd try to get on the city council yourself. You sound qualified and motivated with an invested interest in the town.
| 0 | 5,025 | 8 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghiu0qu
|
ghisy8o
| 1,609,353,370 | 1,609,352,842 | 56 | 6 |
Don't go the eminent domain route. It's needlessly complicated and involves lengthy legal battles. The easiest move here would be to enact city ordinances about maintaining certain commercial standards. Hell, I'd try to get on the city council yourself. You sound qualified and motivated with an invested interest in the town.
|
I don't suppose there's a local preservation organization where you are? e.g. in Cinti there is the Cincinnati Preservation Association, which is absolutely amazing. I am not familiar with the state-wide group Preservation Ohio (preserveohio.com). However I would encourage you to reach out to them also for resources and assistance. They could perhaps help connect you with grant money, research the historical significance of the structures involved which could help gain more attention, etc - they could be a great resource. Also if you Google "preservation organizations in ohio", the website ohiohistory.org has a page with that title which lists historic preservation associations throughout the state, maybe one of those applies to you?
| 1 | 528 | 9.333333 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghirvew
|
ghiu0qu
| 1,609,352,318 | 1,609,353,370 | 4 | 56 |
I am not a lawyer but the problem is your jurisdiction is collecting property taxes rather than land taxes. You need to get the state legislature to permit your city to switch to collecting land taxes, then convince the leaders of your city to implement a land tax rather than a property tax (or whatever you discover would be needed to implement a land tax; obviously it varies state by state, the above process was just an example; consult a lawyer). this could take decades and would certainly cost millions of dollars and you may not live to see it through, but it's the main reason people do this, since blighted buildings are always worth very little they pay virtually zero carrying costs in the form of property taxes. You do care about your new city right? any other solution is just nibbling around the edges.
|
Don't go the eminent domain route. It's needlessly complicated and involves lengthy legal battles. The easiest move here would be to enact city ordinances about maintaining certain commercial standards. Hell, I'd try to get on the city council yourself. You sound qualified and motivated with an invested interest in the town.
| 0 | 1,052 | 14 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghil8r5
|
ghienn6
| 1,609,349,071 | 1,609,345,780 | 23 | 16 |
I am not a lawyer, but I've work in community development in MA and PA for almost a decade, often around commercial and mixed use property acquisition. I second that you should go to local code enforcement/town attorney. I also think you should try to get at least a few other neighbors and concerned citizens involved to build some organic support for what you want to do, and to have people to help you along the way. Absentee landlords are hard to bring to the table in most cases. Also start looking ahead for funding sources, County and State level Economic Development Authorities are the primary source of funds. Sometimes state legislators can earmark funds for projects. All of this usually requires a local entity, sometimes governmental, but often a Community Development Corporation, see if one exists in your area and if they have any experience with commercial property acquisition and stabilization. Another note, CARES dollars (Covid relief) are actually being assigned to property acquisition in some places, because the pandemic has shown the precarious situation small businesses are in when renting. A step that CAN be taken in certain jurisdictions is receivership, basically someone is appointed to oversee the stabilization and resale of a property if the current owner is unwilling or unable. Many steps precede this however and I am not familiar with the exact process in OH. In MA it would often take up to a year to acquire a property in this way, and that was if their was no owner contesting the process.
|
In addition to the advice here, is there a city or county building department? Are the owners violating any currently existing codes or permits?
| 1 | 3,291 | 1.4375 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghil8r5
|
ghijrw1
| 1,609,349,071 | 1,609,348,345 | 23 | 7 |
I am not a lawyer, but I've work in community development in MA and PA for almost a decade, often around commercial and mixed use property acquisition. I second that you should go to local code enforcement/town attorney. I also think you should try to get at least a few other neighbors and concerned citizens involved to build some organic support for what you want to do, and to have people to help you along the way. Absentee landlords are hard to bring to the table in most cases. Also start looking ahead for funding sources, County and State level Economic Development Authorities are the primary source of funds. Sometimes state legislators can earmark funds for projects. All of this usually requires a local entity, sometimes governmental, but often a Community Development Corporation, see if one exists in your area and if they have any experience with commercial property acquisition and stabilization. Another note, CARES dollars (Covid relief) are actually being assigned to property acquisition in some places, because the pandemic has shown the precarious situation small businesses are in when renting. A step that CAN be taken in certain jurisdictions is receivership, basically someone is appointed to oversee the stabilization and resale of a property if the current owner is unwilling or unable. Many steps precede this however and I am not familiar with the exact process in OH. In MA it would often take up to a year to acquire a property in this way, and that was if their was no owner contesting the process.
|
Not a lawyer. Does your town have a Business Improvement Association (BIA)? Getting one started may be one way to have a cohesive front when tackling issues.
| 1 | 726 | 3.285714 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghip9yx
|
ghijrw1
| 1,609,351,045 | 1,609,348,345 | 11 | 7 |
Not a lawyer, but I work in urban planning. Does your town have a planning department? You could talk do whoever does code enforcement about the buildings. Does the town have a current master plan? These kinds of economic development issues are often discussed in a master plan, so you can see if there are plans in place for blight elimination, a business improvement district, etc. a lot of the time these issues are held back by a town's lack of funding and resources. towns might not have the resources to access the available funding. if you're looking for a direct way to fix it, you could buy the buildings! or you could try to get on the town planning board or start an economic development committee.
|
Not a lawyer. Does your town have a Business Improvement Association (BIA)? Getting one started may be one way to have a cohesive front when tackling issues.
| 1 | 2,700 | 1.571429 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghirvew
|
ghiuagj
| 1,609,352,318 | 1,609,353,503 | 4 | 6 |
I am not a lawyer but the problem is your jurisdiction is collecting property taxes rather than land taxes. You need to get the state legislature to permit your city to switch to collecting land taxes, then convince the leaders of your city to implement a land tax rather than a property tax (or whatever you discover would be needed to implement a land tax; obviously it varies state by state, the above process was just an example; consult a lawyer). this could take decades and would certainly cost millions of dollars and you may not live to see it through, but it's the main reason people do this, since blighted buildings are always worth very little they pay virtually zero carrying costs in the form of property taxes. You do care about your new city right? any other solution is just nibbling around the edges.
|
Step one would be to check to see if you have a local or regional economic development organization that you can get in touch with. They handle these kind of things and the government level and will probably be a better resource than contacting the mayor or city administrator.
| 0 | 1,185 | 1.5 |
kn1n6j
|
legaladvice_train
| 0.98 |
The main street in my city is being ran into the ground--buildings crumbling, filled with water, etc. The owners don't live in the city or even the state. Can the city or residents do anything to take the land away if it's causing detriment to the city and its residents? [OH, USA] I recently moved back to my hometown from a large city. I have a leadership position within my company and work remote full-time, so I decided to move back to my hometown with my wife and buy a house. I want to get involved locally and try to help out the residents as much as I can to help the town prosper. There is a collection of buildings on our main street that are owned by a family. I'm told the family doesn't live in the town, let alone even they state--they live in Georgia. This large collection of buildings are being ran into the ground, completely let go, and remove any chance of the town revitalizing our main street, bringing in new businesses there, etc. Is there anything the city or residents can do to force the owners to sell the buildings or restore them? Are there any laws that allow some laws similar to eminent domain that would allow the town/residents to reclaim that property if it's hurting the prosperity of the town?
|
ghirvew
|
ghisy8o
| 1,609,352,318 | 1,609,352,842 | 4 | 6 |
I am not a lawyer but the problem is your jurisdiction is collecting property taxes rather than land taxes. You need to get the state legislature to permit your city to switch to collecting land taxes, then convince the leaders of your city to implement a land tax rather than a property tax (or whatever you discover would be needed to implement a land tax; obviously it varies state by state, the above process was just an example; consult a lawyer). this could take decades and would certainly cost millions of dollars and you may not live to see it through, but it's the main reason people do this, since blighted buildings are always worth very little they pay virtually zero carrying costs in the form of property taxes. You do care about your new city right? any other solution is just nibbling around the edges.
|
I don't suppose there's a local preservation organization where you are? e.g. in Cinti there is the Cincinnati Preservation Association, which is absolutely amazing. I am not familiar with the state-wide group Preservation Ohio (preserveohio.com). However I would encourage you to reach out to them also for resources and assistance. They could perhaps help connect you with grant money, research the historical significance of the structures involved which could help gain more attention, etc - they could be a great resource. Also if you Google "preservation organizations in ohio", the website ohiohistory.org has a page with that title which lists historic preservation associations throughout the state, maybe one of those applies to you?
| 0 | 524 | 1.5 |
v87nmc
|
legaladvice_train
| 0.89 |
My toddler ran away from daycare and I didn’t receive a call So my daughter (4) ran away from daycare and the faculty didn’t chase after her nor did they call law enforcement until 10-30 minutes after she went missing. They also did not call me or my emergency contacts before, during or after the incident. We found out she went missing from our neighbors since she went to their house. I want to sue the daycare due to them not contacting me. Could I sue for child endangerment and negligence? As well as what else could I sue for? I live in Provo, UT .
|
ibq7ckf
|
ibqbm8u
| 1,654,780,105 | 1,654,782,262 | 19 | 42 |
If you want to sue, then you need a lawyer. There’s no reason to waste time here asking for possible causes of action, just call a lawyer and ask them since they’ll be the one who actually knows the local laws and will tell you what claims are possible. Most lawyers will talk to you for free for a short amount of time to get a sense of whether they would be willing to take a case.
|
You need to report them to the Utah board that governs childcare. Talk to a lawyer about your options. But, most importantly, you need to find out why your 4 year old walked away from daycare and address it so it doesn’t happen again.
| 0 | 2,157 | 2.210526 |
v87nmc
|
legaladvice_train
| 0.89 |
My toddler ran away from daycare and I didn’t receive a call So my daughter (4) ran away from daycare and the faculty didn’t chase after her nor did they call law enforcement until 10-30 minutes after she went missing. They also did not call me or my emergency contacts before, during or after the incident. We found out she went missing from our neighbors since she went to their house. I want to sue the daycare due to them not contacting me. Could I sue for child endangerment and negligence? As well as what else could I sue for? I live in Provo, UT .
|
ibqcppi
|
ibq7ckf
| 1,654,782,793 | 1,654,780,105 | 29 | 19 |
You are unlikely to recover money from them, since you appear to have no damages. You can ensure they face consequences, though, such as reporting them to licensing agencies, telling other parents what happened, or ceasing to do business with them. To sue them for damages you'd generally have had to incur a loss, though. Since everyone got lucky this time and the child is fine, there's no civil action you can take to be made whole.
|
If you want to sue, then you need a lawyer. There’s no reason to waste time here asking for possible causes of action, just call a lawyer and ask them since they’ll be the one who actually knows the local laws and will tell you what claims are possible. Most lawyers will talk to you for free for a short amount of time to get a sense of whether they would be willing to take a case.
| 1 | 2,688 | 1.526316 |
5rig79
|
legaladvice_train
| 0.75 |
Truck crashed into my father's parked car. Neighbor told us the actual person driving, ran into his house down the street and his father came back to the scene to take the blame. I just found this subreddit and it's my first time posting so I apologize if this is the wrong place to ask or if I'm breaking rules. Hello, I'm from Detroit, MI and last night, around 11 pm, a Dodge pickup truck crashed into my dad's Passat that was parked in the street. (We used to park both of our cars in our driveway but we got a ticket because both cars don't fit in the driveway and one will always overlap with the street sidewalk). When I heard the loud bang, I ran downstairs to the living room and I was told by my mom to call 911. Sure enough, by the time I called and dressed up to go outside, an old man, in his 60 maybe, came running back to the scene of the crime. I thought this was weird and right away asked him (let's call him Carl) "is this your truck?" Carl says yes, that he lost control of the truck because of the Icey roads (which it really was Icey, detroit did nothing to salt the roads) and the reason why he came back to the scene was because he was delivering the medicine he went to get, for his daughter, delivering it to his house down the street. I right away know this is a bullshit excuse whatever but I give him the benefit of the doubt. I ask Carl if he has insurance and he says he does and he tried to get it from his glove compartment but it's locked shut from the massive damage to his truck. He then tells me he needs to get something from his house down the street but I tell him he should stay here until the cops come. He ignores me and starts walking, so I start following him to "his" house that is down the street about 4 houses down. He goes inside and comes back like 5-7 minutes later and he says he just came to get a hat. Ok? We walk back to the scene where my dad's car is still in the middle of the street from the collision and "Carl's" truck is still on top of the sidewalk. 1 hour later and the police still don't show up. So my dad moves his car, that barely turned on, and parks it in the street again. Then a man that came from that same house, shows up to the scene and Carl says that the man is his son. Okay whatever so the man and Carl push their truck back off the sidewalk. It's now been 2 hours since I initially called 911 and the police still don't show up (Detroit, amirite?). We wait some more and eventually give up waiting in this 20 degree weather after 3 hours and 2 more phone calls to 911 later, and the man and Carl push their truck back to their house, which like I said, is 4 houses down the street from my home. I go back to sleep and wake up this morning and my mom says the cops ended up getting there around 3-4am (5 hours later) and the officers got my dad's information + his no fault insurance and Carl's information (no proof of insurance cuz he couldn't get it out). Sorry for this wall of text but now here is where I am asking advice: **My very friendly neighbor says he saw what happened when he heard the crash. He says Carl was never driving the truck and it was actually his son, the man the came to help Carl. What should I do about this?** The police doesn't know about this part cuz we only found out today but it's very obvious the man shouldn't have been driving for whatever reason. My house has cameras around the property, that I played back today but I couldn't get visual proof because the camera doesn't get the crash that happened in the street. It only shows the truck coming at full speed (too fast for the slip on ice imo) but it doesn't show who was driving. Next question is: Carl called me today and says that he found out that he shouldn't even be driving that truck. And that he wants to pay the deductible with cash instead of getting insurance involved. I honestly don't know much about car insurance so idk if this is a good thing or what. I actually don't even know enough about cars but I can tell that my dad's car is beyond repair. I can provide pictures if that's important. So if any of you guys that can give me some kind of advice has read this, thank you in advance.
|
dd7oqqs
|
dd7hh94
| 1,485,993,756 | 1,485,985,449 | 7 | 5 |
Him paying your deductible does not make you whole, your insurance would increase. If he wants to handle it outside insurance he'd need to pay the full amount of the damages. I never recommend handling these things without insurance, when they fail to meet the obligation it's difficult to go back and handle it properly. I'd report the new information to the police and put a claim in with your insurance company. Hopefully you have uninsured driver insurance. Make sure your insurance has all the information, they'll sue whoever they need to to get thier money back. False claims and police reports aren't really your problem. If the old man is willing to take responsibility hold him accountable. The police and insurance companies can work out the other details.
|
You can report the matter to the police. You can also tell your insurance company about this.
| 1 | 8,307 | 1.4 |
5rig79
|
legaladvice_train
| 0.75 |
Truck crashed into my father's parked car. Neighbor told us the actual person driving, ran into his house down the street and his father came back to the scene to take the blame. I just found this subreddit and it's my first time posting so I apologize if this is the wrong place to ask or if I'm breaking rules. Hello, I'm from Detroit, MI and last night, around 11 pm, a Dodge pickup truck crashed into my dad's Passat that was parked in the street. (We used to park both of our cars in our driveway but we got a ticket because both cars don't fit in the driveway and one will always overlap with the street sidewalk). When I heard the loud bang, I ran downstairs to the living room and I was told by my mom to call 911. Sure enough, by the time I called and dressed up to go outside, an old man, in his 60 maybe, came running back to the scene of the crime. I thought this was weird and right away asked him (let's call him Carl) "is this your truck?" Carl says yes, that he lost control of the truck because of the Icey roads (which it really was Icey, detroit did nothing to salt the roads) and the reason why he came back to the scene was because he was delivering the medicine he went to get, for his daughter, delivering it to his house down the street. I right away know this is a bullshit excuse whatever but I give him the benefit of the doubt. I ask Carl if he has insurance and he says he does and he tried to get it from his glove compartment but it's locked shut from the massive damage to his truck. He then tells me he needs to get something from his house down the street but I tell him he should stay here until the cops come. He ignores me and starts walking, so I start following him to "his" house that is down the street about 4 houses down. He goes inside and comes back like 5-7 minutes later and he says he just came to get a hat. Ok? We walk back to the scene where my dad's car is still in the middle of the street from the collision and "Carl's" truck is still on top of the sidewalk. 1 hour later and the police still don't show up. So my dad moves his car, that barely turned on, and parks it in the street again. Then a man that came from that same house, shows up to the scene and Carl says that the man is his son. Okay whatever so the man and Carl push their truck back off the sidewalk. It's now been 2 hours since I initially called 911 and the police still don't show up (Detroit, amirite?). We wait some more and eventually give up waiting in this 20 degree weather after 3 hours and 2 more phone calls to 911 later, and the man and Carl push their truck back to their house, which like I said, is 4 houses down the street from my home. I go back to sleep and wake up this morning and my mom says the cops ended up getting there around 3-4am (5 hours later) and the officers got my dad's information + his no fault insurance and Carl's information (no proof of insurance cuz he couldn't get it out). Sorry for this wall of text but now here is where I am asking advice: **My very friendly neighbor says he saw what happened when he heard the crash. He says Carl was never driving the truck and it was actually his son, the man the came to help Carl. What should I do about this?** The police doesn't know about this part cuz we only found out today but it's very obvious the man shouldn't have been driving for whatever reason. My house has cameras around the property, that I played back today but I couldn't get visual proof because the camera doesn't get the crash that happened in the street. It only shows the truck coming at full speed (too fast for the slip on ice imo) but it doesn't show who was driving. Next question is: Carl called me today and says that he found out that he shouldn't even be driving that truck. And that he wants to pay the deductible with cash instead of getting insurance involved. I honestly don't know much about car insurance so idk if this is a good thing or what. I actually don't even know enough about cars but I can tell that my dad's car is beyond repair. I can provide pictures if that's important. So if any of you guys that can give me some kind of advice has read this, thank you in advance.
|
dd7r2j7
|
dd7hh94
| 1,485,996,695 | 1,485,985,449 | 6 | 5 |
So Michigan's car insurance works differently than any other state in the US and generally, you only can request for your deductible to be paid back to you from an at fault carrier under their mini tort laws, which Carl is calling no fault insurance incorrectly. However, this changes when the vehicle not at fault was parked and unoccupied. You need to contact Carl's insurance company and file a claim with them. They will have to investigate the claim and since you do have a PR putting the vehicle at the scene, as long as he has valid coverage, they should accept liability for it and handle your damages. Carl can tell them he is driving if he wants to. If the police do not amend the report or there is no substantial evidence beyond "my neighbor told me this", his insurance company will stand behind Carl's statement in that regard.
|
You can report the matter to the police. You can also tell your insurance company about this.
| 1 | 11,246 | 1.2 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enhwb99
|
enhevoy
| 1,557,858,044 | 1,557,850,503 | 265 | 21 |
Not a lawyer but have a child in daycare in VA. Is this a center? They may have cameras recording. go ask the director to review the tapes for that day specifically. At center the cameras aren't monitored all day but are recording. Daycares are licensed by DSS. You can search former complaints and reports and their outcomes here if it's licensed. http://www.dss.virginia.gov/family/cc/index.cgi
|
There's a fair argument that they had no justification to believe their communications wouldn't be intercepted. Call the cops.
| 1 | 7,541 | 12.619048 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enhwb99
|
enhak9i
| 1,557,858,044 | 1,557,848,593 | 265 | 14 |
Not a lawyer but have a child in daycare in VA. Is this a center? They may have cameras recording. go ask the director to review the tapes for that day specifically. At center the cameras aren't monitored all day but are recording. Daycares are licensed by DSS. You can search former complaints and reports and their outcomes here if it's licensed. http://www.dss.virginia.gov/family/cc/index.cgi
|
A quick google search reveals that Virginia is a "one party consent" state, meaning as long as one party to the recorded conversation consents, then its legal. However, if this ended up in court, it would be easy to argue that your 2yo has no liability to consent to be recorded, and the daycare worker obviously did not know they were being recorded. This would constitute an illegal wiretap, which is a felony in your state. Tread carefully. ​ ​ http://www.dmlp.org/legal-guide/virginia-recording-law
| 1 | 9,451 | 18.928571 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enhevoy
|
enijmfw
| 1,557,850,503 | 1,557,866,645 | 21 | 250 |
There's a fair argument that they had no justification to believe their communications wouldn't be intercepted. Call the cops.
|
VA is a one party consent state for recording, and precedent says that you can definitely consent for your 2-year-old daughter, so you will not run into any issues with the recording. It may be difficult to say exactly what happened based on an audio recording, but even threatening to withhold food as punishment is clearly unacceptable. Call the police. Give them a copy of the recording.
| 0 | 16,142 | 11.904762 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enijmfw
|
enhak9i
| 1,557,866,645 | 1,557,848,593 | 250 | 14 |
VA is a one party consent state for recording, and precedent says that you can definitely consent for your 2-year-old daughter, so you will not run into any issues with the recording. It may be difficult to say exactly what happened based on an audio recording, but even threatening to withhold food as punishment is clearly unacceptable. Call the police. Give them a copy of the recording.
|
A quick google search reveals that Virginia is a "one party consent" state, meaning as long as one party to the recorded conversation consents, then its legal. However, if this ended up in court, it would be easy to argue that your 2yo has no liability to consent to be recorded, and the daycare worker obviously did not know they were being recorded. This would constitute an illegal wiretap, which is a felony in your state. Tread carefully. ​ ​ http://www.dmlp.org/legal-guide/virginia-recording-law
| 1 | 18,052 | 17.857143 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enjlmq7
|
enhevoy
| 1,557,882,383 | 1,557,850,503 | 52 | 21 |
Very likely, the best action you can take is calling the Virginia Bar association and ask a lawyer and get referrals. Call them directly, and bring up your question. Look for a lawyer that specifically deals with child welfare. You may have to head to a consultation, and a sliding scale. You will DEFINITELY need to take her to the ER, and have them write down her injuries. . Make copies of the recording, and stash them in different places. I have a preference to hard copies, and soft copies. Keep them safe, and preferably don't save the password on your PC. RAINN.org is also a good resource here, as you can get a list of cheap and free resources to help deal with treatments of child abuse. Edit: You in no way have failed your daughter. People who harm children have a rather stunning ability to stay hidden from guardians of children by appearing complete an utterly harmless while in public. You are not the first one to be fooled, nor will you be the last.
|
There's a fair argument that they had no justification to believe their communications wouldn't be intercepted. Call the cops.
| 1 | 31,880 | 2.47619 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enjlmq7
|
enhak9i
| 1,557,882,383 | 1,557,848,593 | 52 | 14 |
Very likely, the best action you can take is calling the Virginia Bar association and ask a lawyer and get referrals. Call them directly, and bring up your question. Look for a lawyer that specifically deals with child welfare. You may have to head to a consultation, and a sliding scale. You will DEFINITELY need to take her to the ER, and have them write down her injuries. . Make copies of the recording, and stash them in different places. I have a preference to hard copies, and soft copies. Keep them safe, and preferably don't save the password on your PC. RAINN.org is also a good resource here, as you can get a list of cheap and free resources to help deal with treatments of child abuse. Edit: You in no way have failed your daughter. People who harm children have a rather stunning ability to stay hidden from guardians of children by appearing complete an utterly harmless while in public. You are not the first one to be fooled, nor will you be the last.
|
A quick google search reveals that Virginia is a "one party consent" state, meaning as long as one party to the recorded conversation consents, then its legal. However, if this ended up in court, it would be easy to argue that your 2yo has no liability to consent to be recorded, and the daycare worker obviously did not know they were being recorded. This would constitute an illegal wiretap, which is a felony in your state. Tread carefully. ​ ​ http://www.dmlp.org/legal-guide/virginia-recording-law
| 1 | 33,790 | 3.714286 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enmmepp
|
enhevoy
| 1,557,934,025 | 1,557,850,503 | 25 | 21 |
Virginia Lawyer here. General Advice: So, immediately take her to a doctor to have her looked at. Make sure she is ok and get everything on record. If the doctor asks any questions as to how she received the swollen eye, explain the situation truthfully. Second, after taking her to a doctor take the recording and the recorded statement to the police in the city or county that the daycare is located in. Thirdly, seek out a lawyer in your home county or city. They will likely tell you that you have a case and can bring a suit. Legal Analysis: So, as has been stated above, Virginia is a one party consent recording state. This means that only one party must consent to being recorded. Given the presumed age of your child (in that she would be needing daycare), it is unlikely that she can give consent, as such, as her mother in this regard you can act in her interest and give your consent for the child to be recorded. This is no different than when a parent must sign a consent for a child to be filmed or recorded. Edit: keep dutiful records of everything you spend on this matter (e.g. medical bills, gas receipts, time off from work to deal with this matter, everything), your lawyer will thank you tremendously should you decide to bring suit against the daycare.
|
There's a fair argument that they had no justification to believe their communications wouldn't be intercepted. Call the cops.
| 1 | 83,522 | 1.190476 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enmmepp
|
enk4xkr
| 1,557,934,025 | 1,557,890,947 | 25 | 17 |
Virginia Lawyer here. General Advice: So, immediately take her to a doctor to have her looked at. Make sure she is ok and get everything on record. If the doctor asks any questions as to how she received the swollen eye, explain the situation truthfully. Second, after taking her to a doctor take the recording and the recorded statement to the police in the city or county that the daycare is located in. Thirdly, seek out a lawyer in your home county or city. They will likely tell you that you have a case and can bring a suit. Legal Analysis: So, as has been stated above, Virginia is a one party consent recording state. This means that only one party must consent to being recorded. Given the presumed age of your child (in that she would be needing daycare), it is unlikely that she can give consent, as such, as her mother in this regard you can act in her interest and give your consent for the child to be recorded. This is no different than when a parent must sign a consent for a child to be filmed or recorded. Edit: keep dutiful records of everything you spend on this matter (e.g. medical bills, gas receipts, time off from work to deal with this matter, everything), your lawyer will thank you tremendously should you decide to bring suit against the daycare.
|
Take pictures of your child's eye and call CPS. Even if the recordings are illegal, having a black/swollen eye is not okay. Also if possible take some sick days while you are finding a new daycare. Don't send her back there please and find a daycare with cameras so if something ever happens to her again they can watch the video and charge/fire the teacher. Paying more for dsycare is worth your baby not having behavior problems from being verbally abused
| 1 | 43,078 | 1.470588 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enhak9i
|
enmmepp
| 1,557,848,593 | 1,557,934,025 | 14 | 25 |
A quick google search reveals that Virginia is a "one party consent" state, meaning as long as one party to the recorded conversation consents, then its legal. However, if this ended up in court, it would be easy to argue that your 2yo has no liability to consent to be recorded, and the daycare worker obviously did not know they were being recorded. This would constitute an illegal wiretap, which is a felony in your state. Tread carefully. ​ ​ http://www.dmlp.org/legal-guide/virginia-recording-law
|
Virginia Lawyer here. General Advice: So, immediately take her to a doctor to have her looked at. Make sure she is ok and get everything on record. If the doctor asks any questions as to how she received the swollen eye, explain the situation truthfully. Second, after taking her to a doctor take the recording and the recorded statement to the police in the city or county that the daycare is located in. Thirdly, seek out a lawyer in your home county or city. They will likely tell you that you have a case and can bring a suit. Legal Analysis: So, as has been stated above, Virginia is a one party consent recording state. This means that only one party must consent to being recorded. Given the presumed age of your child (in that she would be needing daycare), it is unlikely that she can give consent, as such, as her mother in this regard you can act in her interest and give your consent for the child to be recorded. This is no different than when a parent must sign a consent for a child to be filmed or recorded. Edit: keep dutiful records of everything you spend on this matter (e.g. medical bills, gas receipts, time off from work to deal with this matter, everything), your lawyer will thank you tremendously should you decide to bring suit against the daycare.
| 0 | 85,432 | 1.785714 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enhevoy
|
enhak9i
| 1,557,850,503 | 1,557,848,593 | 21 | 14 |
There's a fair argument that they had no justification to believe their communications wouldn't be intercepted. Call the cops.
|
A quick google search reveals that Virginia is a "one party consent" state, meaning as long as one party to the recorded conversation consents, then its legal. However, if this ended up in court, it would be easy to argue that your 2yo has no liability to consent to be recorded, and the daycare worker obviously did not know they were being recorded. This would constitute an illegal wiretap, which is a felony in your state. Tread carefully. ​ ​ http://www.dmlp.org/legal-guide/virginia-recording-law
| 1 | 1,910 | 1.5 |
bojc25
|
legaladvice_train
| 0.97 |
Virginia- I sent a voice recorder to my daughters daycare and caught them hitting her and verbally abusing her on the recording....what are the laws around recording in my state ? My daughter is just shy of 2 years old and very verbal. She just started daycare in February and has always hated it and freaked out at drop offs. People kept telling me that was normal so I pushed through as I am a single working Mom and noticed her behavior was spiraling, more and more aggressive. Yelling, shaking her finger, hitting, pushing...I felt really uneasy but thought I was being paranoid as toddlers can be little buttholes but I decided to buy a recorder and send it to her daycare. I never expected to find anything. The recorder went on all day and within the first three hours there is a recording of the daycare teacher screaming at her to clean up, that she wont eat if she doesn't clean up, you can hear my sweet baby saying "Okay Mimi!" (what she called her teacher) so sweetly in the background. Then you hear 5 whacks/hits and my baby starts screaming and what sounds like her jerking my daughter. My daughter starts screaming for me and the teacher says "Mommy aint coming, she aint coming to get you." etc Obviously I cannot SEE the hitting and while it sounded like a harsh "spanking" my daughter came home with a swollen eye. ​ I haven't listened to more of the recording. I am livid, heartbroken, I feel as though I failed my daughter. I wanted to turn them into CPS, the Police, everywhere but now I am seeing that my initial recording may get me in more trouble than the lady hitting and berating children. Does anybody know the legality of the recording? Is my daughter the one party that is consenting? I am her mother can I consent for her? I did find a case where a mother was charged for something similar but the recorder was located before the child ever took it home, the charges were eventually dropped. I just don't want them to hurt anymore children. Is there anything I can do with this tape or are my hands tied?
|
enk4xkr
|
enhak9i
| 1,557,890,947 | 1,557,848,593 | 17 | 14 |
Take pictures of your child's eye and call CPS. Even if the recordings are illegal, having a black/swollen eye is not okay. Also if possible take some sick days while you are finding a new daycare. Don't send her back there please and find a daycare with cameras so if something ever happens to her again they can watch the video and charge/fire the teacher. Paying more for dsycare is worth your baby not having behavior problems from being verbally abused
|
A quick google search reveals that Virginia is a "one party consent" state, meaning as long as one party to the recorded conversation consents, then its legal. However, if this ended up in court, it would be easy to argue that your 2yo has no liability to consent to be recorded, and the daycare worker obviously did not know they were being recorded. This would constitute an illegal wiretap, which is a felony in your state. Tread carefully. ​ ​ http://www.dmlp.org/legal-guide/virginia-recording-law
| 1 | 42,354 | 1.214286 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw7sbr6
|
iw7rzis
| 1,668,358,493 | 1,668,358,357 | 536 | 63 |
> If that makes sense. Yes. It's common, unfortunately, only about 40% of Americans have wills. Mom will have to buy out brother, or mom will have to take this to court which will be expensive. She should get a lawyer because at this point your brother has a free house. He only owns 12.5% but he has as much right to the house as someone who owns 99%. He can just live there forever, unless she takes steps to end that.
|
You can get what I believe is called a court partition forcing him to sell the house if you can prove a valid reason to do it. Should be hard if she owns that much of the house and it's following a death
| 1 | 136 | 8.507937 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw8mnph
|
iw87yle
| 1,668,370,215 | 1,668,364,637 | 313 | 157 |
How was the ownership on the deed before your father passed away? Tenants in Common? Joint Tenants Joint Tenants with rights of survivorship?
|
Was the house in both of your parents names originally, or just his? Kansas state probate law says that any shared assets such as deeds, life insurance policies, and so on are not subject to the Kansas intestate succession laws, and would transfer solely to the surviving spouse. Only assets owned solely by the decent would be split 50/50 between the spouse and children. 50% to your mother, 25% to you. And 25% to your brother. I'm a little baffled how you got 12.5% On top of all this, any division of assets may still have to go through the probate process with the courts.
| 1 | 5,578 | 1.993631 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw8mnph
|
iw7rzis
| 1,668,370,215 | 1,668,358,357 | 313 | 63 |
How was the ownership on the deed before your father passed away? Tenants in Common? Joint Tenants Joint Tenants with rights of survivorship?
|
You can get what I believe is called a court partition forcing him to sell the house if you can prove a valid reason to do it. Should be hard if she owns that much of the house and it's following a death
| 1 | 11,858 | 4.968254 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw86zb9
|
iw8mnph
| 1,668,364,268 | 1,668,370,215 | 31 | 313 |
The property isn’t your mums - it is jointly owned by your mum and your brother (and you if you haven’t officially transferred your portion) The only way to ‘get his name off the house’ is for your mum to either buy him out, which he can refuse, or you’ll have to go through the courts to force a partition sale.
|
How was the ownership on the deed before your father passed away? Tenants in Common? Joint Tenants Joint Tenants with rights of survivorship?
| 0 | 5,947 | 10.096774 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw8mnph
|
iw86mzv
| 1,668,370,215 | 1,668,364,139 | 313 | 27 |
How was the ownership on the deed before your father passed away? Tenants in Common? Joint Tenants Joint Tenants with rights of survivorship?
|
She needs to talk to a real estate attorney about a possible partition action. This would allow a court ordered sale of the property. If she actually has to go through with the partition action, this can be quite expensive. However, the mere threat a partition action may be sufficient for your brother to see reason and consent to private sale. That's because typically all owners have to share in the costs of partition.
| 1 | 6,076 | 11.592593 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw87yle
|
iw7rzis
| 1,668,364,637 | 1,668,358,357 | 157 | 63 |
Was the house in both of your parents names originally, or just his? Kansas state probate law says that any shared assets such as deeds, life insurance policies, and so on are not subject to the Kansas intestate succession laws, and would transfer solely to the surviving spouse. Only assets owned solely by the decent would be split 50/50 between the spouse and children. 50% to your mother, 25% to you. And 25% to your brother. I'm a little baffled how you got 12.5% On top of all this, any division of assets may still have to go through the probate process with the courts.
|
You can get what I believe is called a court partition forcing him to sell the house if you can prove a valid reason to do it. Should be hard if she owns that much of the house and it's following a death
| 1 | 6,280 | 2.492063 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw87yle
|
iw86zb9
| 1,668,364,637 | 1,668,364,268 | 157 | 31 |
Was the house in both of your parents names originally, or just his? Kansas state probate law says that any shared assets such as deeds, life insurance policies, and so on are not subject to the Kansas intestate succession laws, and would transfer solely to the surviving spouse. Only assets owned solely by the decent would be split 50/50 between the spouse and children. 50% to your mother, 25% to you. And 25% to your brother. I'm a little baffled how you got 12.5% On top of all this, any division of assets may still have to go through the probate process with the courts.
|
The property isn’t your mums - it is jointly owned by your mum and your brother (and you if you haven’t officially transferred your portion) The only way to ‘get his name off the house’ is for your mum to either buy him out, which he can refuse, or you’ll have to go through the courts to force a partition sale.
| 1 | 369 | 5.064516 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw87yle
|
iw86mzv
| 1,668,364,637 | 1,668,364,139 | 157 | 27 |
Was the house in both of your parents names originally, or just his? Kansas state probate law says that any shared assets such as deeds, life insurance policies, and so on are not subject to the Kansas intestate succession laws, and would transfer solely to the surviving spouse. Only assets owned solely by the decent would be split 50/50 between the spouse and children. 50% to your mother, 25% to you. And 25% to your brother. I'm a little baffled how you got 12.5% On top of all this, any division of assets may still have to go through the probate process with the courts.
|
She needs to talk to a real estate attorney about a possible partition action. This would allow a court ordered sale of the property. If she actually has to go through with the partition action, this can be quite expensive. However, the mere threat a partition action may be sufficient for your brother to see reason and consent to private sale. That's because typically all owners have to share in the costs of partition.
| 1 | 498 | 5.814815 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw9bhuf
|
iw7rzis
| 1,668,380,022 | 1,668,358,357 | 122 | 63 |
Playing devil's advocate, but from his perspective: >I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. and >mom and brother aren’t on the best of terms are not in his favor. He doesn't need to sign his part to your mom for her to sell the house, the property can be sold with multiple owners as long as all owners agree with the share of revenue and costs. I can imagine he is thinking "If I sign this over I will never see the money" since he doesn't trust your mom. Your mom's best play would be to buy your brother's part of the house, then sell the house. Cash is king.
|
You can get what I believe is called a court partition forcing him to sell the house if you can prove a valid reason to do it. Should be hard if she owns that much of the house and it's following a death
| 1 | 21,665 | 1.936508 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw9bhuf
|
iw86zb9
| 1,668,380,022 | 1,668,364,268 | 122 | 31 |
Playing devil's advocate, but from his perspective: >I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. and >mom and brother aren’t on the best of terms are not in his favor. He doesn't need to sign his part to your mom for her to sell the house, the property can be sold with multiple owners as long as all owners agree with the share of revenue and costs. I can imagine he is thinking "If I sign this over I will never see the money" since he doesn't trust your mom. Your mom's best play would be to buy your brother's part of the house, then sell the house. Cash is king.
|
The property isn’t your mums - it is jointly owned by your mum and your brother (and you if you haven’t officially transferred your portion) The only way to ‘get his name off the house’ is for your mum to either buy him out, which he can refuse, or you’ll have to go through the courts to force a partition sale.
| 1 | 15,754 | 3.935484 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw9bhuf
|
iw86mzv
| 1,668,380,022 | 1,668,364,139 | 122 | 27 |
Playing devil's advocate, but from his perspective: >I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. and >mom and brother aren’t on the best of terms are not in his favor. He doesn't need to sign his part to your mom for her to sell the house, the property can be sold with multiple owners as long as all owners agree with the share of revenue and costs. I can imagine he is thinking "If I sign this over I will never see the money" since he doesn't trust your mom. Your mom's best play would be to buy your brother's part of the house, then sell the house. Cash is king.
|
She needs to talk to a real estate attorney about a possible partition action. This would allow a court ordered sale of the property. If she actually has to go through with the partition action, this can be quite expensive. However, the mere threat a partition action may be sufficient for your brother to see reason and consent to private sale. That's because typically all owners have to share in the costs of partition.
| 1 | 15,883 | 4.518519 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw7rzis
|
iwa5nm5
| 1,668,358,357 | 1,668,393,930 | 63 | 67 |
You can get what I believe is called a court partition forcing him to sell the house if you can prove a valid reason to do it. Should be hard if she owns that much of the house and it's following a death
|
Estate lawyer here. Another state, not your lawyer but here to say …. It’s CRITICAL to know the title to the house. It’s entirely possible that it was held in a type of ownership where title passed 100% to your mother. Before doing anything else make sure you know the state of the title.
| 0 | 35,573 | 1.063492 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iwa5nm5
|
iw86zb9
| 1,668,393,930 | 1,668,364,268 | 67 | 31 |
Estate lawyer here. Another state, not your lawyer but here to say …. It’s CRITICAL to know the title to the house. It’s entirely possible that it was held in a type of ownership where title passed 100% to your mother. Before doing anything else make sure you know the state of the title.
|
The property isn’t your mums - it is jointly owned by your mum and your brother (and you if you haven’t officially transferred your portion) The only way to ‘get his name off the house’ is for your mum to either buy him out, which he can refuse, or you’ll have to go through the courts to force a partition sale.
| 1 | 29,662 | 2.16129 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
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iw86mzv
|
iwa5nm5
| 1,668,364,139 | 1,668,393,930 | 27 | 67 |
She needs to talk to a real estate attorney about a possible partition action. This would allow a court ordered sale of the property. If she actually has to go through with the partition action, this can be quite expensive. However, the mere threat a partition action may be sufficient for your brother to see reason and consent to private sale. That's because typically all owners have to share in the costs of partition.
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Estate lawyer here. Another state, not your lawyer but here to say …. It’s CRITICAL to know the title to the house. It’s entirely possible that it was held in a type of ownership where title passed 100% to your mother. Before doing anything else make sure you know the state of the title.
| 0 | 29,791 | 2.481481 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iwa5nm5
|
iw9xekp
| 1,668,393,930 | 1,668,389,945 | 67 | 7 |
Estate lawyer here. Another state, not your lawyer but here to say …. It’s CRITICAL to know the title to the house. It’s entirely possible that it was held in a type of ownership where title passed 100% to your mother. Before doing anything else make sure you know the state of the title.
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Do you have a copy of the deed? If not, you can obtain one at the registry of deeds. It would be unusual for your brother’s name to actually be on the deed. If anything- my guess is your parents didn’t have the tenancy specified on their deed. I’m not familiar with KS title vesting, but in MA if there is no tenancy listed on a deed, the assumption is Tenants in common. This would mean that your father’s interest in the property would have to be probated and possibly the Court determined your mother inherited half of your father’s interest and the other half was divided between your fathers offspring. So it doesn’t make sense that the police would say your brother is on the deed and GIS ( GIS is the assessor’s online tool that will name owners of property). Unless your brother was named as a grantee on the deed- which would be uncommon. So, first, I’d get a copy of the deed. It should be public record if your mom doesn’t have it you can probably find it online. (Google KS land records” or <name of county> registry of deeds. If it is determined that your brother does in fact own 12.5% of the property your mom can petition the Court for a Partition Lawsuit. A real estate attorney would be able to guide her through the process.
| 1 | 3,985 | 9.571429 |
yu6qid
|
legaladvice_train
| 0.96 |
My father died without a will, which left my brother and I each with 12.5% of his house. Brother won’t sign it over so mom can sell it, anything we can do? Location: Kansas, USA Obligatory apology for mobile post and poor formatting As the title says my father passed away in 2021, it was very unexpected, and he did not have a will. From my understanding, my mother has 50% of the property, when he died my fathers 50% was split between me/my brother and my mother, so mom owns 75% of the property and my brother and I each 12.5%. If that makes sense. Without spilling lots of non relevant details, mom and brother aren’t on the best of terms and we think he’s trying to pull some sort of power play. I signed my 12% over to my mom so she can sell her house and be closer to me (Texas), however brother will not. Brother first made mom an offer to buy the house (not official, via text message), after an appraisal, mom agrees. Several days pass before brother says he can’t actually get the financing. Mom has several other interested parties (family of neighbors) and one made an official offer. However mom can’t accept this offer if brother won’t sign off. When it sells he will get his 12.5% of the sale but still won’t sign. The next day mom gets a call from a neighbor that they’re shooting guns on the property (something that’s legal and they used to do together, except mom moved to Texas to me while trying to sell the house), police were called and they said his name is on the deed in the GIS(?) system and from a legal standpoint he’s allowed to be there. Mom just wants to sell her house and be done with him so she can enjoy a new life in a new state. Is there anything else that can be done to get his name off moms house or is directly trying to negotiate with him moms best bet? Thank you
|
iw86zb9
|
iw86mzv
| 1,668,364,268 | 1,668,364,139 | 31 | 27 |
The property isn’t your mums - it is jointly owned by your mum and your brother (and you if you haven’t officially transferred your portion) The only way to ‘get his name off the house’ is for your mum to either buy him out, which he can refuse, or you’ll have to go through the courts to force a partition sale.
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She needs to talk to a real estate attorney about a possible partition action. This would allow a court ordered sale of the property. If she actually has to go through with the partition action, this can be quite expensive. However, the mere threat a partition action may be sufficient for your brother to see reason and consent to private sale. That's because typically all owners have to share in the costs of partition.
| 1 | 129 | 1.148148 |
pcab7l
|
legaladvice_train
| 0.98 |
My 9 y/o son was questioned at school with police present without my knowledge. So yesterday I received a msg from my sons school that he had been accused of taking pictures of girls on the bus with his phone, and that the dean of students would be meeting with him to talk about this "severe rule infraction". My son however doesn't own a phone so I asked him, his sister, and our neighbor girl if they knew anything about this. They all 3 had the same story that a kid from a different school that rides the bus with them was taking pictures, but my son most definitely was not. I told him to tell the dean that,and to verify with the girls since they backed his story, and to let the dean know he doesn't even own a phone. Today I asked him how the meeting went, and the dean brought the police in and interrogated him without me or my attorney present. The officer himself didn't say anything, but was there to intimidate him, and when he still denied they said they would be pulling security camera footage (if they had footage why wasn't it reviewed before trying to use scare tactics on a 9 y/o). Is this in any way legal, I thought having a guardian or legal council was required when interrogating an minor, even if it is interrogation by proxy. (Dean asked all questions, so the police can claim he didn't interogate) Location is Indiana.
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hahy5ns
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hajdpe9
| 1,630,026,117 | 1,630,058,682 | 92 | 147 |
Private or Public school?
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You mention a "severe rule infraction", you really need to obtain a copy of the rules and find out what this is all about.
| 0 | 32,565 | 1.597826 |
pcab7l
|
legaladvice_train
| 0.98 |
My 9 y/o son was questioned at school with police present without my knowledge. So yesterday I received a msg from my sons school that he had been accused of taking pictures of girls on the bus with his phone, and that the dean of students would be meeting with him to talk about this "severe rule infraction". My son however doesn't own a phone so I asked him, his sister, and our neighbor girl if they knew anything about this. They all 3 had the same story that a kid from a different school that rides the bus with them was taking pictures, but my son most definitely was not. I told him to tell the dean that,and to verify with the girls since they backed his story, and to let the dean know he doesn't even own a phone. Today I asked him how the meeting went, and the dean brought the police in and interrogated him without me or my attorney present. The officer himself didn't say anything, but was there to intimidate him, and when he still denied they said they would be pulling security camera footage (if they had footage why wasn't it reviewed before trying to use scare tactics on a 9 y/o). Is this in any way legal, I thought having a guardian or legal council was required when interrogating an minor, even if it is interrogation by proxy. (Dean asked all questions, so the police can claim he didn't interogate) Location is Indiana.
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hajdpe9
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haj5qaj
| 1,630,058,682 | 1,630,051,818 | 147 | 33 |
You mention a "severe rule infraction", you really need to obtain a copy of the rules and find out what this is all about.
|
This is a school matter. It's not a police matter unless the police use your son's testimony to support criminal charges against your son. \[In which case, IMHO it was a custodial interview because any reasonable child would think they were not free to leave the room.\] Try to get clarification from school whether your child is still being suspected or punished before involving a lawyer. Once you involve a lawyer, communication will be much more difficult. In my opinion, it's only worth involving a lawyer if your child is experiencing real harm that you can put a "pricetag" as a result of the interview or of any sanctions imposed by school. For example, if your child is refusing to go school and you have to take multiple days off work, that would be the kind of harm a lawyer could help with. If it's not about the consequences to your child personally but about "the principle of it", complain to the school board in writing or go to a board meeting. These interview tactics can easily result in a child giving a false confession or throwing around a false accusation at another child just to stop people being mad at him for "not talking" or to get out of the room. I think it might be in the best interest of all children in the school to stop intimidating interview tactics like that.
| 1 | 6,864 | 4.454545 |
pcab7l
|
legaladvice_train
| 0.98 |
My 9 y/o son was questioned at school with police present without my knowledge. So yesterday I received a msg from my sons school that he had been accused of taking pictures of girls on the bus with his phone, and that the dean of students would be meeting with him to talk about this "severe rule infraction". My son however doesn't own a phone so I asked him, his sister, and our neighbor girl if they knew anything about this. They all 3 had the same story that a kid from a different school that rides the bus with them was taking pictures, but my son most definitely was not. I told him to tell the dean that,and to verify with the girls since they backed his story, and to let the dean know he doesn't even own a phone. Today I asked him how the meeting went, and the dean brought the police in and interrogated him without me or my attorney present. The officer himself didn't say anything, but was there to intimidate him, and when he still denied they said they would be pulling security camera footage (if they had footage why wasn't it reviewed before trying to use scare tactics on a 9 y/o). Is this in any way legal, I thought having a guardian or legal council was required when interrogating an minor, even if it is interrogation by proxy. (Dean asked all questions, so the police can claim he didn't interogate) Location is Indiana.
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hakc373
|
hahy5ns
| 1,630,076,714 | 1,630,026,117 | 101 | 92 |
First off, the school is treating this as bullying, and clearly taking the incident seriously. It's highly possible that they believe this isn't limited to taking pictures, and it's likely the girl's parents have complained. Before contacting them again, I would read through Indiana's model anti-bullying policy (and your district's policy if you can find it). The DOE also has anti-bullying material here, that may be a useful context. It will help you speak the same "language" that they're using. I would specifically ask: * Since we can establish my son did not do it, was my son falsely reported on by another student? If so, are you going to look into that student's statements? * Was my son falsely reported on by the perpetrator? If so, will you treat this as part of the bullying and harassing behavior? * Why did you interrogate my child before reviewing the bus footage? If your son appears to be struggling processing this, you might talk to the school counselor and your pediatrician to get resources to help him process this, especially if it comes out that the kid taking the pictures blamed your son. Finally, Indiana statutorily protects children's rights from being interrogated without a parent, guardian, or attorney, and Indiana Courts have required that they be read their Miranda rights. I would challenge them hard on this. If they claim that it's not a police interrogation because the cop didn't ask questions, point out that just because they can fool 9 year olds with that bullshit doesn't mean they can fool you.
|
Private or Public school?
| 1 | 50,597 | 1.097826 |
pcab7l
|
legaladvice_train
| 0.98 |
My 9 y/o son was questioned at school with police present without my knowledge. So yesterday I received a msg from my sons school that he had been accused of taking pictures of girls on the bus with his phone, and that the dean of students would be meeting with him to talk about this "severe rule infraction". My son however doesn't own a phone so I asked him, his sister, and our neighbor girl if they knew anything about this. They all 3 had the same story that a kid from a different school that rides the bus with them was taking pictures, but my son most definitely was not. I told him to tell the dean that,and to verify with the girls since they backed his story, and to let the dean know he doesn't even own a phone. Today I asked him how the meeting went, and the dean brought the police in and interrogated him without me or my attorney present. The officer himself didn't say anything, but was there to intimidate him, and when he still denied they said they would be pulling security camera footage (if they had footage why wasn't it reviewed before trying to use scare tactics on a 9 y/o). Is this in any way legal, I thought having a guardian or legal council was required when interrogating an minor, even if it is interrogation by proxy. (Dean asked all questions, so the police can claim he didn't interogate) Location is Indiana.
|
hakc373
|
hajpw1o
| 1,630,076,714 | 1,630,066,762 | 101 | 91 |
First off, the school is treating this as bullying, and clearly taking the incident seriously. It's highly possible that they believe this isn't limited to taking pictures, and it's likely the girl's parents have complained. Before contacting them again, I would read through Indiana's model anti-bullying policy (and your district's policy if you can find it). The DOE also has anti-bullying material here, that may be a useful context. It will help you speak the same "language" that they're using. I would specifically ask: * Since we can establish my son did not do it, was my son falsely reported on by another student? If so, are you going to look into that student's statements? * Was my son falsely reported on by the perpetrator? If so, will you treat this as part of the bullying and harassing behavior? * Why did you interrogate my child before reviewing the bus footage? If your son appears to be struggling processing this, you might talk to the school counselor and your pediatrician to get resources to help him process this, especially if it comes out that the kid taking the pictures blamed your son. Finally, Indiana statutorily protects children's rights from being interrogated without a parent, guardian, or attorney, and Indiana Courts have required that they be read their Miranda rights. I would challenge them hard on this. If they claim that it's not a police interrogation because the cop didn't ask questions, point out that just because they can fool 9 year olds with that bullshit doesn't mean they can fool you.
|
I would contact a lawyer, nothing official but just have them informed that you may be requiring their service and if they have any recommendations. Then it's a simple matter of informing them that you've contacted an attorney but would love to come in and talk to them. Usually just the metion of a lawyer is enough to get them rolling. Also I read that someone recommended you contact the school board and superintendent, that is excellent advice as well, just firmly put your foot down without stepping on toes. If YOU overstep it's a problem, but if THEY overstep it's a lawsuit.
| 1 | 9,952 | 1.10989 |
pcab7l
|
legaladvice_train
| 0.98 |
My 9 y/o son was questioned at school with police present without my knowledge. So yesterday I received a msg from my sons school that he had been accused of taking pictures of girls on the bus with his phone, and that the dean of students would be meeting with him to talk about this "severe rule infraction". My son however doesn't own a phone so I asked him, his sister, and our neighbor girl if they knew anything about this. They all 3 had the same story that a kid from a different school that rides the bus with them was taking pictures, but my son most definitely was not. I told him to tell the dean that,and to verify with the girls since they backed his story, and to let the dean know he doesn't even own a phone. Today I asked him how the meeting went, and the dean brought the police in and interrogated him without me or my attorney present. The officer himself didn't say anything, but was there to intimidate him, and when he still denied they said they would be pulling security camera footage (if they had footage why wasn't it reviewed before trying to use scare tactics on a 9 y/o). Is this in any way legal, I thought having a guardian or legal council was required when interrogating an minor, even if it is interrogation by proxy. (Dean asked all questions, so the police can claim he didn't interogate) Location is Indiana.
|
hakc373
|
hajtzhu
| 1,630,076,714 | 1,630,068,889 | 101 | 35 |
First off, the school is treating this as bullying, and clearly taking the incident seriously. It's highly possible that they believe this isn't limited to taking pictures, and it's likely the girl's parents have complained. Before contacting them again, I would read through Indiana's model anti-bullying policy (and your district's policy if you can find it). The DOE also has anti-bullying material here, that may be a useful context. It will help you speak the same "language" that they're using. I would specifically ask: * Since we can establish my son did not do it, was my son falsely reported on by another student? If so, are you going to look into that student's statements? * Was my son falsely reported on by the perpetrator? If so, will you treat this as part of the bullying and harassing behavior? * Why did you interrogate my child before reviewing the bus footage? If your son appears to be struggling processing this, you might talk to the school counselor and your pediatrician to get resources to help him process this, especially if it comes out that the kid taking the pictures blamed your son. Finally, Indiana statutorily protects children's rights from being interrogated without a parent, guardian, or attorney, and Indiana Courts have required that they be read their Miranda rights. I would challenge them hard on this. If they claim that it's not a police interrogation because the cop didn't ask questions, point out that just because they can fool 9 year olds with that bullshit doesn't mean they can fool you.
|
As others have stated, nothing here seems illegal, however, as a parent, I would be extremely concerned about school officials using an SRO to intimidate children when this is clearly an administrative issue, not a criminal issue. But playing devils advocate, there could have been another matter, with another student that had a meeting before/after your child's meeting, and the officer merely sat-in on this one.
| 1 | 7,825 | 2.885714 |
pcab7l
|
legaladvice_train
| 0.98 |
My 9 y/o son was questioned at school with police present without my knowledge. So yesterday I received a msg from my sons school that he had been accused of taking pictures of girls on the bus with his phone, and that the dean of students would be meeting with him to talk about this "severe rule infraction". My son however doesn't own a phone so I asked him, his sister, and our neighbor girl if they knew anything about this. They all 3 had the same story that a kid from a different school that rides the bus with them was taking pictures, but my son most definitely was not. I told him to tell the dean that,and to verify with the girls since they backed his story, and to let the dean know he doesn't even own a phone. Today I asked him how the meeting went, and the dean brought the police in and interrogated him without me or my attorney present. The officer himself didn't say anything, but was there to intimidate him, and when he still denied they said they would be pulling security camera footage (if they had footage why wasn't it reviewed before trying to use scare tactics on a 9 y/o). Is this in any way legal, I thought having a guardian or legal council was required when interrogating an minor, even if it is interrogation by proxy. (Dean asked all questions, so the police can claim he didn't interogate) Location is Indiana.
|
haj5qaj
|
hakc373
| 1,630,051,818 | 1,630,076,714 | 33 | 101 |
This is a school matter. It's not a police matter unless the police use your son's testimony to support criminal charges against your son. \[In which case, IMHO it was a custodial interview because any reasonable child would think they were not free to leave the room.\] Try to get clarification from school whether your child is still being suspected or punished before involving a lawyer. Once you involve a lawyer, communication will be much more difficult. In my opinion, it's only worth involving a lawyer if your child is experiencing real harm that you can put a "pricetag" as a result of the interview or of any sanctions imposed by school. For example, if your child is refusing to go school and you have to take multiple days off work, that would be the kind of harm a lawyer could help with. If it's not about the consequences to your child personally but about "the principle of it", complain to the school board in writing or go to a board meeting. These interview tactics can easily result in a child giving a false confession or throwing around a false accusation at another child just to stop people being mad at him for "not talking" or to get out of the room. I think it might be in the best interest of all children in the school to stop intimidating interview tactics like that.
|
First off, the school is treating this as bullying, and clearly taking the incident seriously. It's highly possible that they believe this isn't limited to taking pictures, and it's likely the girl's parents have complained. Before contacting them again, I would read through Indiana's model anti-bullying policy (and your district's policy if you can find it). The DOE also has anti-bullying material here, that may be a useful context. It will help you speak the same "language" that they're using. I would specifically ask: * Since we can establish my son did not do it, was my son falsely reported on by another student? If so, are you going to look into that student's statements? * Was my son falsely reported on by the perpetrator? If so, will you treat this as part of the bullying and harassing behavior? * Why did you interrogate my child before reviewing the bus footage? If your son appears to be struggling processing this, you might talk to the school counselor and your pediatrician to get resources to help him process this, especially if it comes out that the kid taking the pictures blamed your son. Finally, Indiana statutorily protects children's rights from being interrogated without a parent, guardian, or attorney, and Indiana Courts have required that they be read their Miranda rights. I would challenge them hard on this. If they claim that it's not a police interrogation because the cop didn't ask questions, point out that just because they can fool 9 year olds with that bullshit doesn't mean they can fool you.
| 0 | 24,896 | 3.060606 |
pcab7l
|
legaladvice_train
| 0.98 |
My 9 y/o son was questioned at school with police present without my knowledge. So yesterday I received a msg from my sons school that he had been accused of taking pictures of girls on the bus with his phone, and that the dean of students would be meeting with him to talk about this "severe rule infraction". My son however doesn't own a phone so I asked him, his sister, and our neighbor girl if they knew anything about this. They all 3 had the same story that a kid from a different school that rides the bus with them was taking pictures, but my son most definitely was not. I told him to tell the dean that,and to verify with the girls since they backed his story, and to let the dean know he doesn't even own a phone. Today I asked him how the meeting went, and the dean brought the police in and interrogated him without me or my attorney present. The officer himself didn't say anything, but was there to intimidate him, and when he still denied they said they would be pulling security camera footage (if they had footage why wasn't it reviewed before trying to use scare tactics on a 9 y/o). Is this in any way legal, I thought having a guardian or legal council was required when interrogating an minor, even if it is interrogation by proxy. (Dean asked all questions, so the police can claim he didn't interogate) Location is Indiana.
|
hajsah2
|
hakc373
| 1,630,068,039 | 1,630,076,714 | 29 | 101 |
Wait I’m confused you gathered this information and then made your children take it to the head of the school in place of you calling?
|
First off, the school is treating this as bullying, and clearly taking the incident seriously. It's highly possible that they believe this isn't limited to taking pictures, and it's likely the girl's parents have complained. Before contacting them again, I would read through Indiana's model anti-bullying policy (and your district's policy if you can find it). The DOE also has anti-bullying material here, that may be a useful context. It will help you speak the same "language" that they're using. I would specifically ask: * Since we can establish my son did not do it, was my son falsely reported on by another student? If so, are you going to look into that student's statements? * Was my son falsely reported on by the perpetrator? If so, will you treat this as part of the bullying and harassing behavior? * Why did you interrogate my child before reviewing the bus footage? If your son appears to be struggling processing this, you might talk to the school counselor and your pediatrician to get resources to help him process this, especially if it comes out that the kid taking the pictures blamed your son. Finally, Indiana statutorily protects children's rights from being interrogated without a parent, guardian, or attorney, and Indiana Courts have required that they be read their Miranda rights. I would challenge them hard on this. If they claim that it's not a police interrogation because the cop didn't ask questions, point out that just because they can fool 9 year olds with that bullshit doesn't mean they can fool you.
| 0 | 8,675 | 3.482759 |
pcab7l
|
legaladvice_train
| 0.98 |
My 9 y/o son was questioned at school with police present without my knowledge. So yesterday I received a msg from my sons school that he had been accused of taking pictures of girls on the bus with his phone, and that the dean of students would be meeting with him to talk about this "severe rule infraction". My son however doesn't own a phone so I asked him, his sister, and our neighbor girl if they knew anything about this. They all 3 had the same story that a kid from a different school that rides the bus with them was taking pictures, but my son most definitely was not. I told him to tell the dean that,and to verify with the girls since they backed his story, and to let the dean know he doesn't even own a phone. Today I asked him how the meeting went, and the dean brought the police in and interrogated him without me or my attorney present. The officer himself didn't say anything, but was there to intimidate him, and when he still denied they said they would be pulling security camera footage (if they had footage why wasn't it reviewed before trying to use scare tactics on a 9 y/o). Is this in any way legal, I thought having a guardian or legal council was required when interrogating an minor, even if it is interrogation by proxy. (Dean asked all questions, so the police can claim he didn't interogate) Location is Indiana.
|
haj5qaj
|
hajpw1o
| 1,630,051,818 | 1,630,066,762 | 33 | 91 |
This is a school matter. It's not a police matter unless the police use your son's testimony to support criminal charges against your son. \[In which case, IMHO it was a custodial interview because any reasonable child would think they were not free to leave the room.\] Try to get clarification from school whether your child is still being suspected or punished before involving a lawyer. Once you involve a lawyer, communication will be much more difficult. In my opinion, it's only worth involving a lawyer if your child is experiencing real harm that you can put a "pricetag" as a result of the interview or of any sanctions imposed by school. For example, if your child is refusing to go school and you have to take multiple days off work, that would be the kind of harm a lawyer could help with. If it's not about the consequences to your child personally but about "the principle of it", complain to the school board in writing or go to a board meeting. These interview tactics can easily result in a child giving a false confession or throwing around a false accusation at another child just to stop people being mad at him for "not talking" or to get out of the room. I think it might be in the best interest of all children in the school to stop intimidating interview tactics like that.
|
I would contact a lawyer, nothing official but just have them informed that you may be requiring their service and if they have any recommendations. Then it's a simple matter of informing them that you've contacted an attorney but would love to come in and talk to them. Usually just the metion of a lawyer is enough to get them rolling. Also I read that someone recommended you contact the school board and superintendent, that is excellent advice as well, just firmly put your foot down without stepping on toes. If YOU overstep it's a problem, but if THEY overstep it's a lawsuit.
| 0 | 14,944 | 2.757576 |
pcab7l
|
legaladvice_train
| 0.98 |
My 9 y/o son was questioned at school with police present without my knowledge. So yesterday I received a msg from my sons school that he had been accused of taking pictures of girls on the bus with his phone, and that the dean of students would be meeting with him to talk about this "severe rule infraction". My son however doesn't own a phone so I asked him, his sister, and our neighbor girl if they knew anything about this. They all 3 had the same story that a kid from a different school that rides the bus with them was taking pictures, but my son most definitely was not. I told him to tell the dean that,and to verify with the girls since they backed his story, and to let the dean know he doesn't even own a phone. Today I asked him how the meeting went, and the dean brought the police in and interrogated him without me or my attorney present. The officer himself didn't say anything, but was there to intimidate him, and when he still denied they said they would be pulling security camera footage (if they had footage why wasn't it reviewed before trying to use scare tactics on a 9 y/o). Is this in any way legal, I thought having a guardian or legal council was required when interrogating an minor, even if it is interrogation by proxy. (Dean asked all questions, so the police can claim he didn't interogate) Location is Indiana.
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hajtzhu
|
haj5qaj
| 1,630,068,889 | 1,630,051,818 | 35 | 33 |
As others have stated, nothing here seems illegal, however, as a parent, I would be extremely concerned about school officials using an SRO to intimidate children when this is clearly an administrative issue, not a criminal issue. But playing devils advocate, there could have been another matter, with another student that had a meeting before/after your child's meeting, and the officer merely sat-in on this one.
|
This is a school matter. It's not a police matter unless the police use your son's testimony to support criminal charges against your son. \[In which case, IMHO it was a custodial interview because any reasonable child would think they were not free to leave the room.\] Try to get clarification from school whether your child is still being suspected or punished before involving a lawyer. Once you involve a lawyer, communication will be much more difficult. In my opinion, it's only worth involving a lawyer if your child is experiencing real harm that you can put a "pricetag" as a result of the interview or of any sanctions imposed by school. For example, if your child is refusing to go school and you have to take multiple days off work, that would be the kind of harm a lawyer could help with. If it's not about the consequences to your child personally but about "the principle of it", complain to the school board in writing or go to a board meeting. These interview tactics can easily result in a child giving a false confession or throwing around a false accusation at another child just to stop people being mad at him for "not talking" or to get out of the room. I think it might be in the best interest of all children in the school to stop intimidating interview tactics like that.
| 1 | 17,071 | 1.060606 |
pcab7l
|
legaladvice_train
| 0.98 |
My 9 y/o son was questioned at school with police present without my knowledge. So yesterday I received a msg from my sons school that he had been accused of taking pictures of girls on the bus with his phone, and that the dean of students would be meeting with him to talk about this "severe rule infraction". My son however doesn't own a phone so I asked him, his sister, and our neighbor girl if they knew anything about this. They all 3 had the same story that a kid from a different school that rides the bus with them was taking pictures, but my son most definitely was not. I told him to tell the dean that,and to verify with the girls since they backed his story, and to let the dean know he doesn't even own a phone. Today I asked him how the meeting went, and the dean brought the police in and interrogated him without me or my attorney present. The officer himself didn't say anything, but was there to intimidate him, and when he still denied they said they would be pulling security camera footage (if they had footage why wasn't it reviewed before trying to use scare tactics on a 9 y/o). Is this in any way legal, I thought having a guardian or legal council was required when interrogating an minor, even if it is interrogation by proxy. (Dean asked all questions, so the police can claim he didn't interogate) Location is Indiana.
|
hajsah2
|
hajtzhu
| 1,630,068,039 | 1,630,068,889 | 29 | 35 |
Wait I’m confused you gathered this information and then made your children take it to the head of the school in place of you calling?
|
As others have stated, nothing here seems illegal, however, as a parent, I would be extremely concerned about school officials using an SRO to intimidate children when this is clearly an administrative issue, not a criminal issue. But playing devils advocate, there could have been another matter, with another student that had a meeting before/after your child's meeting, and the officer merely sat-in on this one.
| 0 | 850 | 1.206897 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dp6hh
|
d7domtc
| 1,473,302,123 | 1,473,301,283 | 248 | 211 |
He walked in on somebody naked and filmed them without their knowing in order to humiliate and/or upset them, for his own fun? Not just anybody, but an 11 year old child? Oh wow. What a big misunderstanding. Sure he should totally be out. Yeah. Sarcasm aside, get that kid a lawyer now. You want the best possible outcome and the only way for that to happen is with a lawyer (and hopefully your son didn't actually film anything of the cousin's body so his story is at least partially believable. but my money's placed elsewhere on this bet.) I know you want to believe the best about your son, that he's just an idiot, but please prepare yourself for the worst. Look into getting him help for it now, apart from a lawyer get together any therapy resources you can for when he gets out, learn as much as you can. An 18 year old struggling with this is not a lost cause but he will need serious help.
|
>He is not a pervert Yeah he is. >or a sex offender. Yet. He needs a criminal defense attorney ASAP.
| 1 | 840 | 1.175355 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dp6hh
|
d7dom2v
| 1,473,302,123 | 1,473,301,251 | 248 | 171 |
He walked in on somebody naked and filmed them without their knowing in order to humiliate and/or upset them, for his own fun? Not just anybody, but an 11 year old child? Oh wow. What a big misunderstanding. Sure he should totally be out. Yeah. Sarcasm aside, get that kid a lawyer now. You want the best possible outcome and the only way for that to happen is with a lawyer (and hopefully your son didn't actually film anything of the cousin's body so his story is at least partially believable. but my money's placed elsewhere on this bet.) I know you want to believe the best about your son, that he's just an idiot, but please prepare yourself for the worst. Look into getting him help for it now, apart from a lawyer get together any therapy resources you can for when he gets out, learn as much as you can. An 18 year old struggling with this is not a lost cause but he will need serious help.
|
The good ole "it's just a prank bro" defense.
| 1 | 872 | 1.450292 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dp6hh
|
d7doo81
| 1,473,302,123 | 1,473,301,342 | 248 | 148 |
He walked in on somebody naked and filmed them without their knowing in order to humiliate and/or upset them, for his own fun? Not just anybody, but an 11 year old child? Oh wow. What a big misunderstanding. Sure he should totally be out. Yeah. Sarcasm aside, get that kid a lawyer now. You want the best possible outcome and the only way for that to happen is with a lawyer (and hopefully your son didn't actually film anything of the cousin's body so his story is at least partially believable. but my money's placed elsewhere on this bet.) I know you want to believe the best about your son, that he's just an idiot, but please prepare yourself for the worst. Look into getting him help for it now, apart from a lawyer get together any therapy resources you can for when he gets out, learn as much as you can. An 18 year old struggling with this is not a lost cause but he will need serious help.
|
You can film someone singing without showing them on camera. He was intentionally recording her while she was naked, and there is no excuse for that. He is a sex offender.
| 1 | 781 | 1.675676 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dp6hh
|
d7doi7u
| 1,473,302,123 | 1,473,301,087 | 248 | 50 |
He walked in on somebody naked and filmed them without their knowing in order to humiliate and/or upset them, for his own fun? Not just anybody, but an 11 year old child? Oh wow. What a big misunderstanding. Sure he should totally be out. Yeah. Sarcasm aside, get that kid a lawyer now. You want the best possible outcome and the only way for that to happen is with a lawyer (and hopefully your son didn't actually film anything of the cousin's body so his story is at least partially believable. but my money's placed elsewhere on this bet.) I know you want to believe the best about your son, that he's just an idiot, but please prepare yourself for the worst. Look into getting him help for it now, apart from a lawyer get together any therapy resources you can for when he gets out, learn as much as you can. An 18 year old struggling with this is not a lost cause but he will need serious help.
|
He needs a lawyer. A 18 year old should know better.
| 1 | 1,036 | 4.96 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dom2v
|
d7domtc
| 1,473,301,251 | 1,473,301,283 | 171 | 211 |
The good ole "it's just a prank bro" defense.
|
>He is not a pervert Yeah he is. >or a sex offender. Yet. He needs a criminal defense attorney ASAP.
| 0 | 32 | 1.233918 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7domtc
|
d7doi7u
| 1,473,301,283 | 1,473,301,087 | 211 | 50 |
>He is not a pervert Yeah he is. >or a sex offender. Yet. He needs a criminal defense attorney ASAP.
|
He needs a lawyer. A 18 year old should know better.
| 1 | 196 | 4.22 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7doi7u
|
d7dom2v
| 1,473,301,087 | 1,473,301,251 | 50 | 171 |
He needs a lawyer. A 18 year old should know better.
|
The good ole "it's just a prank bro" defense.
| 0 | 164 | 3.42 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7doo81
|
d7doi7u
| 1,473,301,342 | 1,473,301,087 | 148 | 50 |
You can film someone singing without showing them on camera. He was intentionally recording her while she was naked, and there is no excuse for that. He is a sex offender.
|
He needs a lawyer. A 18 year old should know better.
| 1 | 255 | 2.96 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dp6vp
|
d7doi7u
| 1,473,302,140 | 1,473,301,087 | 100 | 50 |
I understand you and his father don't want to believe this but: this isn't even "normal" reckless teen behavior. I'm finding it hard to understand why you would classify this as a "misunderstanding" no matter how much you love your step-son. He's obviously done a good job of dressing this up in clean linen but he, an adult, filmed his naked 11 year old cousin. This wasn't a prank (unless, I suppose he is developmentally disabled which I suppose he might be, although if that's the case, I would have expected you to mention it). He's telling you you want to hear. He might be even telling himself this. But it's not normal and it is sexual deviancy.
|
He needs a lawyer. A 18 year old should know better.
| 1 | 1,053 | 2 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7doi7u
|
d7drxf4
| 1,473,301,087 | 1,473,306,585 | 50 | 87 |
He needs a lawyer. A 18 year old should know better.
|
Even if he just intended it as a harmless prank (which I would debate, but let's assume) - it doesn't matter. He has video of a naked 11 year old. Period, end of story. You need to get him a really good lawyer. Now, back to the intent part. Maybe he didn't have sexual thoughts in his head. But at best he had really, really, really bad judgment to think there was anything ok about filming a CHILD in the shower. He's 18. He's old enough to serve in the military, vote, buy cigarettes, and gamble. That means the government at least thinks he's old enough to have enough of a developed brain to not make decisions as boneheaded as this. As a parent - you need to think about how you're going to handle this from that standpoint. I think your son needs some mental help; someone to help him work through why he made such a decision and make sure he doesn't do anything like it again. BTW - are you even concerned about the child whose privacy was violated and who now has a broken leg?
| 0 | 5,498 | 1.74 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7drxf4
|
d7drru2
| 1,473,306,585 | 1,473,306,319 | 87 | 48 |
Even if he just intended it as a harmless prank (which I would debate, but let's assume) - it doesn't matter. He has video of a naked 11 year old. Period, end of story. You need to get him a really good lawyer. Now, back to the intent part. Maybe he didn't have sexual thoughts in his head. But at best he had really, really, really bad judgment to think there was anything ok about filming a CHILD in the shower. He's 18. He's old enough to serve in the military, vote, buy cigarettes, and gamble. That means the government at least thinks he's old enough to have enough of a developed brain to not make decisions as boneheaded as this. As a parent - you need to think about how you're going to handle this from that standpoint. I think your son needs some mental help; someone to help him work through why he made such a decision and make sure he doesn't do anything like it again. BTW - are you even concerned about the child whose privacy was violated and who now has a broken leg?
|
I have noticed lately that a lot of people REALLY don't know what the word "prank" means.
| 1 | 266 | 1.8125 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dqd86
|
d7drxf4
| 1,473,303,982 | 1,473,306,585 | 48 | 87 |
>It was a misunderstanding The only misunderstanding here is you mistaking what he did for a misunderstanding. If he doesn't get a very good lawyer immediately, he is looking at years in prison and sex offender status.
|
Even if he just intended it as a harmless prank (which I would debate, but let's assume) - it doesn't matter. He has video of a naked 11 year old. Period, end of story. You need to get him a really good lawyer. Now, back to the intent part. Maybe he didn't have sexual thoughts in his head. But at best he had really, really, really bad judgment to think there was anything ok about filming a CHILD in the shower. He's 18. He's old enough to serve in the military, vote, buy cigarettes, and gamble. That means the government at least thinks he's old enough to have enough of a developed brain to not make decisions as boneheaded as this. As a parent - you need to think about how you're going to handle this from that standpoint. I think your son needs some mental help; someone to help him work through why he made such a decision and make sure he doesn't do anything like it again. BTW - are you even concerned about the child whose privacy was violated and who now has a broken leg?
| 0 | 2,603 | 1.8125 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dpf1e
|
d7drxf4
| 1,473,302,501 | 1,473,306,585 | 42 | 87 |
>What can we do to make them realize it was a misunderstanding Hire a *really* good defense attorney. I'm talking "Johnny Cochran" good.
|
Even if he just intended it as a harmless prank (which I would debate, but let's assume) - it doesn't matter. He has video of a naked 11 year old. Period, end of story. You need to get him a really good lawyer. Now, back to the intent part. Maybe he didn't have sexual thoughts in his head. But at best he had really, really, really bad judgment to think there was anything ok about filming a CHILD in the shower. He's 18. He's old enough to serve in the military, vote, buy cigarettes, and gamble. That means the government at least thinks he's old enough to have enough of a developed brain to not make decisions as boneheaded as this. As a parent - you need to think about how you're going to handle this from that standpoint. I think your son needs some mental help; someone to help him work through why he made such a decision and make sure he doesn't do anything like it again. BTW - are you even concerned about the child whose privacy was violated and who now has a broken leg?
| 0 | 4,084 | 2.071429 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dpx72
|
d7drxf4
| 1,473,303,287 | 1,473,306,585 | 35 | 87 |
Yes, he is a perv and a sex offender. A normal 18 year old would be grossed out by the very idea of filming his 11 year old cousin in the shower. I'm so sorry for you, OP, and the rest of the family - especially the violated *child*. The rate of recidivism for this sort of behavior is very high, and I'm not sure that anyone yet knows how to fix him.
|
Even if he just intended it as a harmless prank (which I would debate, but let's assume) - it doesn't matter. He has video of a naked 11 year old. Period, end of story. You need to get him a really good lawyer. Now, back to the intent part. Maybe he didn't have sexual thoughts in his head. But at best he had really, really, really bad judgment to think there was anything ok about filming a CHILD in the shower. He's 18. He's old enough to serve in the military, vote, buy cigarettes, and gamble. That means the government at least thinks he's old enough to have enough of a developed brain to not make decisions as boneheaded as this. As a parent - you need to think about how you're going to handle this from that standpoint. I think your son needs some mental help; someone to help him work through why he made such a decision and make sure he doesn't do anything like it again. BTW - are you even concerned about the child whose privacy was violated and who now has a broken leg?
| 0 | 3,298 | 2.485714 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dri4l
|
d7drxf4
| 1,473,305,850 | 1,473,306,585 | 23 | 87 |
Misunderstanding my ass. Your son is justly fucked.
|
Even if he just intended it as a harmless prank (which I would debate, but let's assume) - it doesn't matter. He has video of a naked 11 year old. Period, end of story. You need to get him a really good lawyer. Now, back to the intent part. Maybe he didn't have sexual thoughts in his head. But at best he had really, really, really bad judgment to think there was anything ok about filming a CHILD in the shower. He's 18. He's old enough to serve in the military, vote, buy cigarettes, and gamble. That means the government at least thinks he's old enough to have enough of a developed brain to not make decisions as boneheaded as this. As a parent - you need to think about how you're going to handle this from that standpoint. I think your son needs some mental help; someone to help him work through why he made such a decision and make sure he doesn't do anything like it again. BTW - are you even concerned about the child whose privacy was violated and who now has a broken leg?
| 0 | 735 | 3.782609 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dqmlt
|
d7drxf4
| 1,473,304,394 | 1,473,306,585 | 20 | 87 |
Was there footage of the girl *in the shower* and *clearly naked*; you can record someone singing in the shower without actually showing *them in the shower*. If so, your son is fucked and needs a lawyer ASAP. If not, then get a lawyer still - at least he has a more or less legit defense. EDIT: Secondly, does your son have any mental or developmental disorder? Say, autism, for example? If so, then it can be argued that he didn't understand that what he was doing was wrong.
|
Even if he just intended it as a harmless prank (which I would debate, but let's assume) - it doesn't matter. He has video of a naked 11 year old. Period, end of story. You need to get him a really good lawyer. Now, back to the intent part. Maybe he didn't have sexual thoughts in his head. But at best he had really, really, really bad judgment to think there was anything ok about filming a CHILD in the shower. He's 18. He's old enough to serve in the military, vote, buy cigarettes, and gamble. That means the government at least thinks he's old enough to have enough of a developed brain to not make decisions as boneheaded as this. As a parent - you need to think about how you're going to handle this from that standpoint. I think your son needs some mental help; someone to help him work through why he made such a decision and make sure he doesn't do anything like it again. BTW - are you even concerned about the child whose privacy was violated and who now has a broken leg?
| 0 | 2,191 | 4.35 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dt5xf
|
d7doi7u
| 1,473,308,833 | 1,473,301,087 | 54 | 50 |
Eh, I don't agree with the pitchfork crowd. Nor do I agree that this is child pornography. Get him a good lawyer. He'll need it. GA Code § 16-12-100 (2015) defines the crime of creation and/or possession of child sexual exploitation material: >(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. and >(8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. The key word here is "sexually explicit conduct." That term is defined in the statute as: >(4) "Sexually explicit conduct" means actual or simulated: > >(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; > >(B) Bestiality; > >(C) Masturbation; > >(D) Lewd exhibition of the genitals or pubic area of any person; > >(E) Flagellation or torture by or upon a person who is nude; > >(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; > >(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; > >(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or > >(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. Normal showering does not fit any of those categories. Without sexually explicit conduct, there's no crime. Non-sexualized nudity is not criminal.
|
He needs a lawyer. A 18 year old should know better.
| 1 | 7,746 | 1.08 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7drru2
|
d7dt5xf
| 1,473,306,319 | 1,473,308,833 | 48 | 54 |
I have noticed lately that a lot of people REALLY don't know what the word "prank" means.
|
Eh, I don't agree with the pitchfork crowd. Nor do I agree that this is child pornography. Get him a good lawyer. He'll need it. GA Code § 16-12-100 (2015) defines the crime of creation and/or possession of child sexual exploitation material: >(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. and >(8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. The key word here is "sexually explicit conduct." That term is defined in the statute as: >(4) "Sexually explicit conduct" means actual or simulated: > >(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; > >(B) Bestiality; > >(C) Masturbation; > >(D) Lewd exhibition of the genitals or pubic area of any person; > >(E) Flagellation or torture by or upon a person who is nude; > >(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; > >(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; > >(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or > >(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. Normal showering does not fit any of those categories. Without sexually explicit conduct, there's no crime. Non-sexualized nudity is not criminal.
| 0 | 2,514 | 1.125 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dqd86
|
d7dt5xf
| 1,473,303,982 | 1,473,308,833 | 48 | 54 |
>It was a misunderstanding The only misunderstanding here is you mistaking what he did for a misunderstanding. If he doesn't get a very good lawyer immediately, he is looking at years in prison and sex offender status.
|
Eh, I don't agree with the pitchfork crowd. Nor do I agree that this is child pornography. Get him a good lawyer. He'll need it. GA Code § 16-12-100 (2015) defines the crime of creation and/or possession of child sexual exploitation material: >(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. and >(8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. The key word here is "sexually explicit conduct." That term is defined in the statute as: >(4) "Sexually explicit conduct" means actual or simulated: > >(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; > >(B) Bestiality; > >(C) Masturbation; > >(D) Lewd exhibition of the genitals or pubic area of any person; > >(E) Flagellation or torture by or upon a person who is nude; > >(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; > >(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; > >(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or > >(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. Normal showering does not fit any of those categories. Without sexually explicit conduct, there's no crime. Non-sexualized nudity is not criminal.
| 0 | 4,851 | 1.125 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dpf1e
|
d7dt5xf
| 1,473,302,501 | 1,473,308,833 | 42 | 54 |
>What can we do to make them realize it was a misunderstanding Hire a *really* good defense attorney. I'm talking "Johnny Cochran" good.
|
Eh, I don't agree with the pitchfork crowd. Nor do I agree that this is child pornography. Get him a good lawyer. He'll need it. GA Code § 16-12-100 (2015) defines the crime of creation and/or possession of child sexual exploitation material: >(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. and >(8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. The key word here is "sexually explicit conduct." That term is defined in the statute as: >(4) "Sexually explicit conduct" means actual or simulated: > >(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; > >(B) Bestiality; > >(C) Masturbation; > >(D) Lewd exhibition of the genitals or pubic area of any person; > >(E) Flagellation or torture by or upon a person who is nude; > >(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; > >(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; > >(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or > >(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. Normal showering does not fit any of those categories. Without sexually explicit conduct, there's no crime. Non-sexualized nudity is not criminal.
| 0 | 6,332 | 1.285714 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dt5xf
|
d7dpx72
| 1,473,308,833 | 1,473,303,287 | 54 | 35 |
Eh, I don't agree with the pitchfork crowd. Nor do I agree that this is child pornography. Get him a good lawyer. He'll need it. GA Code § 16-12-100 (2015) defines the crime of creation and/or possession of child sexual exploitation material: >(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. and >(8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. The key word here is "sexually explicit conduct." That term is defined in the statute as: >(4) "Sexually explicit conduct" means actual or simulated: > >(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; > >(B) Bestiality; > >(C) Masturbation; > >(D) Lewd exhibition of the genitals or pubic area of any person; > >(E) Flagellation or torture by or upon a person who is nude; > >(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; > >(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; > >(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or > >(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. Normal showering does not fit any of those categories. Without sexually explicit conduct, there's no crime. Non-sexualized nudity is not criminal.
|
Yes, he is a perv and a sex offender. A normal 18 year old would be grossed out by the very idea of filming his 11 year old cousin in the shower. I'm so sorry for you, OP, and the rest of the family - especially the violated *child*. The rate of recidivism for this sort of behavior is very high, and I'm not sure that anyone yet knows how to fix him.
| 1 | 5,546 | 1.542857 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dri4l
|
d7dt5xf
| 1,473,305,850 | 1,473,308,833 | 23 | 54 |
Misunderstanding my ass. Your son is justly fucked.
|
Eh, I don't agree with the pitchfork crowd. Nor do I agree that this is child pornography. Get him a good lawyer. He'll need it. GA Code § 16-12-100 (2015) defines the crime of creation and/or possession of child sexual exploitation material: >(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. and >(8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. The key word here is "sexually explicit conduct." That term is defined in the statute as: >(4) "Sexually explicit conduct" means actual or simulated: > >(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; > >(B) Bestiality; > >(C) Masturbation; > >(D) Lewd exhibition of the genitals or pubic area of any person; > >(E) Flagellation or torture by or upon a person who is nude; > >(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; > >(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; > >(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or > >(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. Normal showering does not fit any of those categories. Without sexually explicit conduct, there's no crime. Non-sexualized nudity is not criminal.
| 0 | 2,983 | 2.347826 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dqmlt
|
d7dt5xf
| 1,473,304,394 | 1,473,308,833 | 20 | 54 |
Was there footage of the girl *in the shower* and *clearly naked*; you can record someone singing in the shower without actually showing *them in the shower*. If so, your son is fucked and needs a lawyer ASAP. If not, then get a lawyer still - at least he has a more or less legit defense. EDIT: Secondly, does your son have any mental or developmental disorder? Say, autism, for example? If so, then it can be argued that he didn't understand that what he was doing was wrong.
|
Eh, I don't agree with the pitchfork crowd. Nor do I agree that this is child pornography. Get him a good lawyer. He'll need it. GA Code § 16-12-100 (2015) defines the crime of creation and/or possession of child sexual exploitation material: >(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. and >(8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct. The key word here is "sexually explicit conduct." That term is defined in the statute as: >(4) "Sexually explicit conduct" means actual or simulated: > >(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; > >(B) Bestiality; > >(C) Masturbation; > >(D) Lewd exhibition of the genitals or pubic area of any person; > >(E) Flagellation or torture by or upon a person who is nude; > >(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; > >(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts; > >(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or > >(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. Normal showering does not fit any of those categories. Without sexually explicit conduct, there's no crime. Non-sexualized nudity is not criminal.
| 0 | 4,439 | 2.7 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7drru2
|
d7dpf1e
| 1,473,306,319 | 1,473,302,501 | 48 | 42 |
I have noticed lately that a lot of people REALLY don't know what the word "prank" means.
|
>What can we do to make them realize it was a misunderstanding Hire a *really* good defense attorney. I'm talking "Johnny Cochran" good.
| 1 | 3,818 | 1.142857 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dpx72
|
d7drru2
| 1,473,303,287 | 1,473,306,319 | 35 | 48 |
Yes, he is a perv and a sex offender. A normal 18 year old would be grossed out by the very idea of filming his 11 year old cousin in the shower. I'm so sorry for you, OP, and the rest of the family - especially the violated *child*. The rate of recidivism for this sort of behavior is very high, and I'm not sure that anyone yet knows how to fix him.
|
I have noticed lately that a lot of people REALLY don't know what the word "prank" means.
| 0 | 3,032 | 1.371429 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7drru2
|
d7dri4l
| 1,473,306,319 | 1,473,305,850 | 48 | 23 |
I have noticed lately that a lot of people REALLY don't know what the word "prank" means.
|
Misunderstanding my ass. Your son is justly fucked.
| 1 | 469 | 2.086957 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7drru2
|
d7dqmlt
| 1,473,306,319 | 1,473,304,394 | 48 | 20 |
I have noticed lately that a lot of people REALLY don't know what the word "prank" means.
|
Was there footage of the girl *in the shower* and *clearly naked*; you can record someone singing in the shower without actually showing *them in the shower*. If so, your son is fucked and needs a lawyer ASAP. If not, then get a lawyer still - at least he has a more or less legit defense. EDIT: Secondly, does your son have any mental or developmental disorder? Say, autism, for example? If so, then it can be argued that he didn't understand that what he was doing was wrong.
| 1 | 1,925 | 2.4 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dpf1e
|
d7dqd86
| 1,473,302,501 | 1,473,303,982 | 42 | 48 |
>What can we do to make them realize it was a misunderstanding Hire a *really* good defense attorney. I'm talking "Johnny Cochran" good.
|
>It was a misunderstanding The only misunderstanding here is you mistaking what he did for a misunderstanding. If he doesn't get a very good lawyer immediately, he is looking at years in prison and sex offender status.
| 0 | 1,481 | 1.142857 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dpx72
|
d7dqd86
| 1,473,303,287 | 1,473,303,982 | 35 | 48 |
Yes, he is a perv and a sex offender. A normal 18 year old would be grossed out by the very idea of filming his 11 year old cousin in the shower. I'm so sorry for you, OP, and the rest of the family - especially the violated *child*. The rate of recidivism for this sort of behavior is very high, and I'm not sure that anyone yet knows how to fix him.
|
>It was a misunderstanding The only misunderstanding here is you mistaking what he did for a misunderstanding. If he doesn't get a very good lawyer immediately, he is looking at years in prison and sex offender status.
| 0 | 695 | 1.371429 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7egq2h
|
d7dri4l
| 1,473,356,353 | 1,473,305,850 | 32 | 23 |
> My step son pranked his cousin by filming her singing in the shower. That's illegal. >She was startled when she saw him and slipped and broke her leg. One of the many reasons you should avoid scaring people in the shower. This is 100% your step son's fault. >He took her to the hospital Literally the only good thing this dude did in this entire situation. Doesn't make up for everything else. >but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Well maybe he should think about this next time he feels like making child porn, because filming a naked 11 year old is making child porn. >Help! lol no >What can we do to make them realize it was a misunderstanding. It wasn't, so you can't. >He's been in jail since his arrest. Good. In jail he probably isn't going around making child porn of his 11 year old cousins. >He is not a pervert He watched an 11 year old in the shower, so yes he is a pervert. >or a sex offender. And filmed it, so yeah, he's a sex offender too. For future reference, making child porn is one of the things that makes you a sex offender.
|
Misunderstanding my ass. Your son is justly fucked.
| 1 | 50,503 | 1.391304 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dqmlt
|
d7egq2h
| 1,473,304,394 | 1,473,356,353 | 20 | 32 |
Was there footage of the girl *in the shower* and *clearly naked*; you can record someone singing in the shower without actually showing *them in the shower*. If so, your son is fucked and needs a lawyer ASAP. If not, then get a lawyer still - at least he has a more or less legit defense. EDIT: Secondly, does your son have any mental or developmental disorder? Say, autism, for example? If so, then it can be argued that he didn't understand that what he was doing was wrong.
|
> My step son pranked his cousin by filming her singing in the shower. That's illegal. >She was startled when she saw him and slipped and broke her leg. One of the many reasons you should avoid scaring people in the shower. This is 100% your step son's fault. >He took her to the hospital Literally the only good thing this dude did in this entire situation. Doesn't make up for everything else. >but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Well maybe he should think about this next time he feels like making child porn, because filming a naked 11 year old is making child porn. >Help! lol no >What can we do to make them realize it was a misunderstanding. It wasn't, so you can't. >He's been in jail since his arrest. Good. In jail he probably isn't going around making child porn of his 11 year old cousins. >He is not a pervert He watched an 11 year old in the shower, so yes he is a pervert. >or a sex offender. And filmed it, so yeah, he's a sex offender too. For future reference, making child porn is one of the things that makes you a sex offender.
| 0 | 51,959 | 1.6 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dy0p0
|
d7egq2h
| 1,473,321,393 | 1,473,356,353 | 18 | 32 |
"Pranked." He fucking filmed an 11 year old showering.
|
> My step son pranked his cousin by filming her singing in the shower. That's illegal. >She was startled when she saw him and slipped and broke her leg. One of the many reasons you should avoid scaring people in the shower. This is 100% your step son's fault. >He took her to the hospital Literally the only good thing this dude did in this entire situation. Doesn't make up for everything else. >but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Well maybe he should think about this next time he feels like making child porn, because filming a naked 11 year old is making child porn. >Help! lol no >What can we do to make them realize it was a misunderstanding. It wasn't, so you can't. >He's been in jail since his arrest. Good. In jail he probably isn't going around making child porn of his 11 year old cousins. >He is not a pervert He watched an 11 year old in the shower, so yes he is a pervert. >or a sex offender. And filmed it, so yeah, he's a sex offender too. For future reference, making child porn is one of the things that makes you a sex offender.
| 0 | 34,960 | 1.777778 |
51p10z
|
legaladvice_train
| 0.56 |
[Georgia] My step son pranked his cousin by filming her singing in the shower. She was startled when she saw him and slipped and broke her leg. He took her to the hospital but they called the police on him because she was naked and he has been charged with child porn because she is 11 and he is 18. Help! What can we do to make them realize it was a misunderstanding. He's been in jail since his arrest. He is not a pervert or a sex offender.
|
d7dri4l
|
d7dqmlt
| 1,473,305,850 | 1,473,304,394 | 23 | 20 |
Misunderstanding my ass. Your son is justly fucked.
|
Was there footage of the girl *in the shower* and *clearly naked*; you can record someone singing in the shower without actually showing *them in the shower*. If so, your son is fucked and needs a lawyer ASAP. If not, then get a lawyer still - at least he has a more or less legit defense. EDIT: Secondly, does your son have any mental or developmental disorder? Say, autism, for example? If so, then it can be argued that he didn't understand that what he was doing was wrong.
| 1 | 1,456 | 1.15 |
i7vumh
|
legaladvice_train
| 0.97 |
I live in North Dakota and am 91. My son wants to move me either in with him or into a home. I believe my municipality are siding with him as they think I'm unfit to live alone. Hello, I am 91 and live in North Dakota. My son, who I adopted when he was 13, and his wife, believe that I cannot take care of myself anymore. I've had a fall this year, because I was going to the bathroom at night and tripped over my cat, who I didn't see in the middle of the hall. We are both OK. After this happened my son began to insist that I get a live-in nurse to take care of me. I don't have any health issues, can walk fine. So, I refused and I thought that was the end of that discussion. Last week he came to visit me and informed me that he's putting my house up for sale and that I need to choose whether to live with him or in a home. I didn't even know that he could do this, but I rang my municipality and talked to the housing/deed people there and they confirmed that the house is on the market through the realtor. They had no answers for why my son was able to do this for me. So I now come to you Reddit. I love this home, I have owned it for 50 and change years. I have memories here with my wife, who died years back, and I DO NOT WANT TO LEAVE. He should not have access to my finances in this way. What can I do to keep my house.? Thank you.
|
g14q101
|
g14wz76
| 1,597,172,802 | 1,597,175,978 | 169 | 340 |
Does your son have a POA for financial services or guardianship? He ought to have one of those at minimum in order to legally list your home.
|
If he misrepresented himself as having your permission a realtor may have listed your house. Call the realtor and ask them why they listed your house for sale.
| 0 | 3,176 | 2.011834 |
i7vumh
|
legaladvice_train
| 0.97 |
I live in North Dakota and am 91. My son wants to move me either in with him or into a home. I believe my municipality are siding with him as they think I'm unfit to live alone. Hello, I am 91 and live in North Dakota. My son, who I adopted when he was 13, and his wife, believe that I cannot take care of myself anymore. I've had a fall this year, because I was going to the bathroom at night and tripped over my cat, who I didn't see in the middle of the hall. We are both OK. After this happened my son began to insist that I get a live-in nurse to take care of me. I don't have any health issues, can walk fine. So, I refused and I thought that was the end of that discussion. Last week he came to visit me and informed me that he's putting my house up for sale and that I need to choose whether to live with him or in a home. I didn't even know that he could do this, but I rang my municipality and talked to the housing/deed people there and they confirmed that the house is on the market through the realtor. They had no answers for why my son was able to do this for me. So I now come to you Reddit. I love this home, I have owned it for 50 and change years. I have memories here with my wife, who died years back, and I DO NOT WANT TO LEAVE. He should not have access to my finances in this way. What can I do to keep my house.? Thank you.
|
g14wz76
|
g14wfdt
| 1,597,175,978 | 1,597,175,728 | 340 | 83 |
If he misrepresented himself as having your permission a realtor may have listed your house. Call the realtor and ask them why they listed your house for sale.
|
Is your son's name on the title to your house or any of your bank accounts? Did you ever grant him any sort of POA? He absolutely can't just sell a house in your name without you (or a judge - and you would be well aware if that process was happening) allowing it. You may want to change your locks in case a realtor was given a key.
| 1 | 250 | 4.096386 |
y832db
|
legaladvice_train
| 0.82 |
My landlord gave me a notice to quit and repossess property two months before our lease is over. The paper says it's due to Marijuana use which they have no proof of (its legal recreationally for 21+ which we both are but the lease prohibits it regardless). My partner doesn't want to fight it which was my initial plan so we will be moving out on the date given on the paper. I looked over my lease twice to see if it says anything about being given a notice to quit and if they still expect us to pay rent for the remainder of our lease after we leave but it's not mentioned. We're supposed to be out by the third and I'm in Michigan so I need to know if I can legally still be responsible for rent for the remainder of the lease although they're the ones who wanted us out. Any help and advice is appreciated.
|
isxtdw6
|
isxuhjm
| 1,666,189,105 | 1,666,189,576 | 695 | 946 |
Your lease can prohibit legal things- many leases prohibit smoking. > which they have no proof of Your apartment probably stinks.
|
The notice to quit ends your lease term, so you are not responsible for rent after the specified date of your move-out.
| 0 | 471 | 1.361151 |
y832db
|
legaladvice_train
| 0.82 |
My landlord gave me a notice to quit and repossess property two months before our lease is over. The paper says it's due to Marijuana use which they have no proof of (its legal recreationally for 21+ which we both are but the lease prohibits it regardless). My partner doesn't want to fight it which was my initial plan so we will be moving out on the date given on the paper. I looked over my lease twice to see if it says anything about being given a notice to quit and if they still expect us to pay rent for the remainder of our lease after we leave but it's not mentioned. We're supposed to be out by the third and I'm in Michigan so I need to know if I can legally still be responsible for rent for the remainder of the lease although they're the ones who wanted us out. Any help and advice is appreciated.
|
isyz3qm
|
isy4lsl
| 1,666,205,614 | 1,666,193,716 | 511 | 187 |
Michigan real estate attorney here! As others have mentioned, if the landlord terminates your lease then you are no longer obligated make the remaining payments. As for marijuana usage on the property…Michigan law has a special carve-out that says that a landlord cannot prohibit a tenant from POSSESSING marijuana on the property. However, they can prohibit a tenant from SMOKING marijuana on the property as long as the lease contains a clause that specifically prohibits it (which it sounds like yours does). If the landlord can show that you’ve smoked marijuana on the property (which would be a lease violation) then they would likely be within their right to begin the eviction process. It depends on the specific language in your lease of course.
|
If you violated your lease they can end your lease
| 1 | 11,898 | 2.73262 |
y832db
|
legaladvice_train
| 0.82 |
My landlord gave me a notice to quit and repossess property two months before our lease is over. The paper says it's due to Marijuana use which they have no proof of (its legal recreationally for 21+ which we both are but the lease prohibits it regardless). My partner doesn't want to fight it which was my initial plan so we will be moving out on the date given on the paper. I looked over my lease twice to see if it says anything about being given a notice to quit and if they still expect us to pay rent for the remainder of our lease after we leave but it's not mentioned. We're supposed to be out by the third and I'm in Michigan so I need to know if I can legally still be responsible for rent for the remainder of the lease although they're the ones who wanted us out. Any help and advice is appreciated.
|
isyz3qm
|
isybt5p
| 1,666,205,614 | 1,666,196,567 | 511 | 166 |
Michigan real estate attorney here! As others have mentioned, if the landlord terminates your lease then you are no longer obligated make the remaining payments. As for marijuana usage on the property…Michigan law has a special carve-out that says that a landlord cannot prohibit a tenant from POSSESSING marijuana on the property. However, they can prohibit a tenant from SMOKING marijuana on the property as long as the lease contains a clause that specifically prohibits it (which it sounds like yours does). If the landlord can show that you’ve smoked marijuana on the property (which would be a lease violation) then they would likely be within their right to begin the eviction process. It depends on the specific language in your lease of course.
|
First off, if you're smoking in a smoke-free apartment then you're are a dick. People have conditions like asthma which you are putting them very real risk of crisis for. ​ With that being said, an at-fault eviction requires proof. Testimonials of 'a smell' won't pass muster for a variety of reasons (such as it not being possible to prove the smell is specifically from your unit). My understanding is it will require a chemical analysis of the suspected substance in the walls or the like. ​ However, the landlord-tenant arbitration boards are designed to punish the tenant and serve capital- the thing is rigged. Even if you succeed in the arbitration, a dispute will remain marked against you and very possibly force you into slum housing. Up to you whether it's worth the contest
| 1 | 9,047 | 3.078313 |
y832db
|
legaladvice_train
| 0.82 |
My landlord gave me a notice to quit and repossess property two months before our lease is over. The paper says it's due to Marijuana use which they have no proof of (its legal recreationally for 21+ which we both are but the lease prohibits it regardless). My partner doesn't want to fight it which was my initial plan so we will be moving out on the date given on the paper. I looked over my lease twice to see if it says anything about being given a notice to quit and if they still expect us to pay rent for the remainder of our lease after we leave but it's not mentioned. We're supposed to be out by the third and I'm in Michigan so I need to know if I can legally still be responsible for rent for the remainder of the lease although they're the ones who wanted us out. Any help and advice is appreciated.
|
isyz3qm
|
isy7oon
| 1,666,205,614 | 1,666,194,934 | 511 | 51 |
Michigan real estate attorney here! As others have mentioned, if the landlord terminates your lease then you are no longer obligated make the remaining payments. As for marijuana usage on the property…Michigan law has a special carve-out that says that a landlord cannot prohibit a tenant from POSSESSING marijuana on the property. However, they can prohibit a tenant from SMOKING marijuana on the property as long as the lease contains a clause that specifically prohibits it (which it sounds like yours does). If the landlord can show that you’ve smoked marijuana on the property (which would be a lease violation) then they would likely be within their right to begin the eviction process. It depends on the specific language in your lease of course.
|
As I’m typing up a notice to quit (for nonpayment), you do not have to pay out the remainder of your lease, but you will likely lose any deposits because deposits are only returned if you fulfill your lease.
| 1 | 10,680 | 10.019608 |
y832db
|
legaladvice_train
| 0.82 |
My landlord gave me a notice to quit and repossess property two months before our lease is over. The paper says it's due to Marijuana use which they have no proof of (its legal recreationally for 21+ which we both are but the lease prohibits it regardless). My partner doesn't want to fight it which was my initial plan so we will be moving out on the date given on the paper. I looked over my lease twice to see if it says anything about being given a notice to quit and if they still expect us to pay rent for the remainder of our lease after we leave but it's not mentioned. We're supposed to be out by the third and I'm in Michigan so I need to know if I can legally still be responsible for rent for the remainder of the lease although they're the ones who wanted us out. Any help and advice is appreciated.
|
isyz3qm
|
isyc301
| 1,666,205,614 | 1,666,196,674 | 511 | 29 |
Michigan real estate attorney here! As others have mentioned, if the landlord terminates your lease then you are no longer obligated make the remaining payments. As for marijuana usage on the property…Michigan law has a special carve-out that says that a landlord cannot prohibit a tenant from POSSESSING marijuana on the property. However, they can prohibit a tenant from SMOKING marijuana on the property as long as the lease contains a clause that specifically prohibits it (which it sounds like yours does). If the landlord can show that you’ve smoked marijuana on the property (which would be a lease violation) then they would likely be within their right to begin the eviction process. It depends on the specific language in your lease of course.
|
I would look into Michigan's Comp Laws 500-600 since I do believe it states you are responsible for rent for the entire term of the lease, whether or not you live there. I would also advise to contact a state legal aid concerning your lease. If the management did receive complaints of you smoking weed in your apartment, and have testimony in the form of complaints of awareness from maintenance or other occupants, and your lease states its a smoke free apartment building, they have just cause to terminate your lease for breaking it. But I do believe you are still responsible for paying rent until the end of your lease, not just the notice in the state of MI, and if you'd rather not, then you should write a letter that you have sent certified to the office that you will no longer smoke in the apartment and ask for a probational period to show that you wish to be in compliance with your lease. Following that letter, find alternative ways to consume marijuana outside of smoking it. Then stay the rest of your lease and find someplace else that allows for smoking so that you're not experiencing this again.
| 1 | 8,940 | 17.62069 |
y832db
|
legaladvice_train
| 0.82 |
My landlord gave me a notice to quit and repossess property two months before our lease is over. The paper says it's due to Marijuana use which they have no proof of (its legal recreationally for 21+ which we both are but the lease prohibits it regardless). My partner doesn't want to fight it which was my initial plan so we will be moving out on the date given on the paper. I looked over my lease twice to see if it says anything about being given a notice to quit and if they still expect us to pay rent for the remainder of our lease after we leave but it's not mentioned. We're supposed to be out by the third and I'm in Michigan so I need to know if I can legally still be responsible for rent for the remainder of the lease although they're the ones who wanted us out. Any help and advice is appreciated.
|
isyulvg
|
isyz3qm
| 1,666,203,887 | 1,666,205,614 | 29 | 511 |
if you are smoking in the apartment where the lease prohibits it, it doesn't matter whether it's legal or not... you're in violation of the terms of the lease. the landlord saying "quit or get out by $DATE" is them being nice. they are within their rights to just plain kick you out for violating the terms of the lease * * subject to the limitations of MI and city law
|
Michigan real estate attorney here! As others have mentioned, if the landlord terminates your lease then you are no longer obligated make the remaining payments. As for marijuana usage on the property…Michigan law has a special carve-out that says that a landlord cannot prohibit a tenant from POSSESSING marijuana on the property. However, they can prohibit a tenant from SMOKING marijuana on the property as long as the lease contains a clause that specifically prohibits it (which it sounds like yours does). If the landlord can show that you’ve smoked marijuana on the property (which would be a lease violation) then they would likely be within their right to begin the eviction process. It depends on the specific language in your lease of course.
| 0 | 1,727 | 17.62069 |
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