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How to ask legal questions on Askinglaw Thank you for visiting Askinglaw, a legal question and answer website. If you are interested in submitting a law related question, please click on the link above titled "Ask a Legal Question" When asking...

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I was injured in a car accident. what is going to happen... This is confusing so I hope you understand it. I was a passenger in a truck. We were slammed from behind as we were stopped. The accident was the driver of the other cars fault. She was speeding and not...

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Debt collector fees.

Posted on : 04-21-2014 | By : askinglaw | In : Bankruptcy & Debt, Credit Card Debt, Law Question and Answer

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I defaulted on a credit card and the collection agency is trying to get a summary judgment against me for $788 plus accruing interest from 2/27/2011. This debt was written off from original lender for $300 on 4/01/11. I read an article where debt collectors were getting in trouble for tacking on fees. Here is the link to the article http://www.foxbusiness.com/personal-finance/2013/10/16/how-much-can-collectors-legally-boost-charged-off-debts/. Just wondering if I could get this debt reduced.

No Contact Order Over a Property Crime?

Posted on : 04-21-2014 | By : askinglaw | In : Criminal Law, Drug Charges, Law Question and Answer, Probation, Restraining Orders

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My son is addicted to opiates. Rather than watch him kill himself with an overdose I reported his unauthorized use of my vehicle to go purchase heroin. He got cash with my credit card ($80) bought heroin, came home and was arrested in my driveway with my card on the seat next to his heroin bag and syringe.

I pressed charges, he accepted a plea bargain, went to state prison, fought for an opportunity to get treatment, got treatment, did very well, is being released 2 days before Mother’s Day.

He is being given a “no contact” order and I am the subject of this order! I do not need protection from him when he is clean, and when I begged for it when he was using and I needed it, I was ignored. He was on parole when he became addicted to heroin! His Parole Officer ignored my WRITTEN pleas for him to issue a “no contact” order so I could get my son out of my house. I couldn’t “evict” him because I didn’t have a rental agreement. I couldn’t kick him out because he had tenant rights because he had been living with me for more than 48 hours and his belongings were in my house.

He needed the permission of his PO in order to move without getting a sanction that would land him back in jail. His Parole Officer did nothing… He knew he was using, he knew I was at the end of my rope and did nothing.

Now someone has decided that I need to be protected from him when he gets out. The new PO assigned to him says they have never seen a “no contact” order in a property crime case. The PO has a background in Domestic Violence, not a CLUE about opiate addiction. They are offering him nothing in the way of assistance when he gets out, broke, homeless, jobless, with no transportation, no health insurance, and no assistance staying in treatment (aftercare).

I am disgusted with this charade. Is there any way to challenge the legitimacy of this order? Time is running out and I’m STILL trying to find out who actually made that condition. It wasn’t the Parole Board, (his case was too minor to be heard by them) and the PO claims it wasn’t her office, she pointed the finger at the Dept. of Corrections Release Counselor, who had told me to contact the Parole Board!

This feels punitive, retaliatory, and I know it is totally against all the recommendations of treatment professionals and re-entry professionals who believe family support is crucial to successful recovery. I’m his only family.

I’m not asking to let him live with me, just to be able to talk to him, give him a ride to find a job, help him get healthcare coverage, and find clean and sober housing. I am at zero risk of being “victimized” by him as long as he’s clean.

The Judge who sentenced him put “no offense contact upon release” in his sentencing order. The Corrections people tell me her order means nothing. As a victim I was told I had a right to be heard during the time they were considering the conditions of his release. No such thing.

I’m being punished, he’s being punished, and it is not in anyone’s best interest that he be set up for failure.

Can a state constitution provide additional rights beyond the U.S. Constitution?

Posted on : 04-21-2014 | By : askinglaw | In : Constitution/Court Decisions, Law Question and Answer

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Can a state constitution provide additional rights beyond the U.S. Constitution? Why or why not?

Motion to Dismiss, prior traffic tickets for a habitual traffic offender?

Posted on : 04-21-2014 | By : askinglaw | In : Law Question and Answer, Suspended License, Traffic Violations, Trial Procedure

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In the State of Colorado can you file for a motion to Dismiss prior traffic tickets for a habitual traffic offender? Currently been out of trouble for a whole year since my last conviction which was driving while suspended.

ICE at Court. Should he go in person and risk getting caught by ICE or send his attorney alone again?

Posted on : 04-18-2014 | By : askinglaw | In : Immigration Law, Law Question and Answer, Moving Violations, Suspended License, Traffic Violations

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My husband is an illegal immigrant and has a Deportation Order against him. ICE has come to our house for him (we did not open the door). We sent an attorney to go to court for him when he got a ticket for driving with a suspended license, but the judge said she wanted to talk to him in person so she rescheduled. We have heard many stories of ICE getting people when they go to these court hearings. Should he go in person and risk getting caught by ICE or send his attorney alone again?