Criminal charges

Misdemeanor DV - effect on Real Estate License

I will lose my livelihood if I lose my Real Estate license. Facing a possible misdemeanor DV conviction, how critical is it that the attorney representing me in DA's prosecution is also proficient in working with California DRE/BRE in order to make a strong effort on my behalf to allow me to keep my license?

Nathan’s Answer

If the misdemeanor is unrelated to real estate as it seems to be here, and you have not been in contact with the BRE yet, it is appropriate to hire only criminal defense counsel for now to try and get the best result possible (ranges from charges being dropped to plea bargain). If any contact is made with the BRE, by say, an investigator, ask to speak with an attorney first. Then obtain administrative counsel. Just keep in mind that if you are only going with criminal defense counsel, that they are reminded you are concerned about your license so that they do not for example, plea bargain you down in a way that has you unnecessarily implicating yourself on the record to facts the BRE would jump on.

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Malpractice Attorney

If county hospital cause my to grow a blood cloth in my are after staying 4 days now the also cause me to have to take med

and get my blood drawn once a week

Nathan’s Answer

If you believe the county caused you harm by their negligence, you should contact a health care or medical malpractice attorney to assess your case.

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Government law

Letter of explanation to nursing boards

I am required to write an explanation letter to nursing boards because I was arrested for possession of controlled substances. At that time, I was instructed by my Administrator that time to destroy the discontinued meds at home includes Over the counters&prescription but no narcotics. Because there was too much & not enough time to do it at work. I was not aware that there was about 40 pills of narcotics with no name mixed w/ the discontinued meds. I provided the officer my employers # to verify but when he spoke to the Admin., She denied her approval of me taking the discontinued meds home. How will I be able to describe this briefly in my letter? Should I explain this in detail?

Nathan’s Answer

The circumstances of these events, even if you are totally free of any wrongdoing, raise many questions that would need to be preempted by a careful investigation and drafting/editing of any correspondence you plan to send in to the government.

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Domestic violence

How do I take a statement back that was a lie on domestic volince report

i didn't tell the cops the truth because I thought he was going to call the cops on me for running in to his car

Nathan’s Answer

It depends on how long ago the report was taken, if any arrests were made, whether any restraining orders are already in place, if drugs or alcohol is involved, and so on. If someone was in the car, you may be setting yourself up for a charge of attempted battery or murder if you were running into his car with yours. Were you defending yourself? Were you frustrated at something he/she did? If drugs or anger issues are factors, please seek treatment for yourself or others immediately before the courts get involved.

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Divorce

Can an Attorney keep $4000 Retainer Fee or give it back.

After hiring an Attorney to help with my sons divorce we find that 2 weeks into this , there is lack of interest and this attorney is not acting in our sons best interest. The only thing this attorney has done so far is to have the spouse served with the divorce papers. Our sons wife on the other hand has had a TRO served on him. He can't see his children, we can't see out grandchildren, he can't call and talk to his children an we can't talk to our grand kids. The attorney that we hired hasn't lifted one finger to help or run interference in this matter. Our son is now homeless and is living from one friend to the next. So, we want to fire this attorney, get our money back or at least $3500 giving the attorney $500 for his time. What is the Ethical solution to this matter ? Any one ?

Nathan’s Answer

Two weeks is usually not enough time in the legal world to conclusively say one has lifted a finger or has not as an attorney. I understand you are frustrated at the state your son is in, but it probably took more than 2 weeks for your son to get enmeshed in a situation where a divorce and TRO are in progress. Is your son addressing the TRO via a defense to avoid a public record before the restraining order hearing presumably coming up?

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Domestic violence

How do you handle an attorney telling you just to accept their client's domestic abuse when pro per?

I have a peaceful contact order against me. The other party is constantly violating family code 6320 for which I have asked their counsel for an open dialogue to smooth things out without resorting to restraining orders being thrown about as we have a child together. Counsel has told me to just accept it and that if I try and take the matter to court, they will seek attorney's fees against me even though I have shown them all the voicemails, call logs and emails. Would the court look at this if I filed a request to modify/terminate the order instead of restraining orders being issued against everyone?

Nathan’s Answer

It is in your best interest to seek counsel, since you are going up against an opposing side that has the benefit of counsel. Interview counsel carefully and make sure they have experience and are competent.

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Domestic violence

Can my x husband record me at exchanges for our son.. When I had a restraining order against him that has expired?

I'm feeling very uncomfortable about my x recording me durning exchanges. I had a restraining order against him before that has expired. He was on his best behavior durning that time.. But now I see him driving by my work and now recording me at our sons exchanges. My gut feeling tells me he may be planning something to harm me . I don't think it's fair that I have to wait till something happens in order to get another restraining order... Or can I get another order with out being harmed first?

Nathan’s Answer

Are these exchanges monitored? It may be helpful to have a witness accompany you recording him in turn. If he is driving by your work, you may need another restraining order.

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Restraining order and criminal defense

Could I loose my spousal support if my ex-husband get a restraining order on me?

my ex-husband said he is filing a restraining order on me and I have been no where around him!! And now I've read online that my spousal support could possibly be taken away. How can this happen? He has no proof , no police report to support his claim!

Nathan’s Answer

How did he tell you if you have been no where around him?

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Starting an LLC

New LLC for Pharmaceutical Distribution- Diabetic Strip (One Touch Ultra both DME and Retail)

I am opening Pharmaceutical distribution LLC soon. I do have buyer ready for one touch ultra strips both DME and Retail. Even I know from where I have to purchase. Based on my calculation, I can go for this trading with this margin. I am going to see a business lawyer next week. But I am sure FDA paper work will take sometime.

Que:1 Can I release Purchase order for Diabetic Strips ( One Touch Ultra) without FDA paper work get done?

Que:2 Does FDA play any other roll for Surgical supplies, Blood Pressure machines, Diabetic Strips ( Contour, Free Style, True test etc), Nebulizer)

Que:3 Can I open LLC under my SSN? (I am on H1B Visa)

Que:4 If my purchase state and selling states are different, then do I have to get permission FDA permit for both States

Thank you for your Time,

Patel

Nathan’s Answer

Your questions are well beyond the scope of free general opining by attorneys. My suggestion would be to contact a qualified healthcare or business lawyer and discuss your case in more detail. You have spent this much time and money setting up for success - it would be appropriate to finalize operation launch with the assistance of counsel. You are dealing with many regulations in multiple areas of law.

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Domestic violence

Can I get a Domestic Violence restraining order lifted if I married the protected person ?

May 2014 I had a restraining order placed on me for 3 years. In February 2015, I married the protected person.

Nathan’s Answer

The order still has a ways to go. An order does not disappear unless it expires or dissolves. You may want to explore having the protected person dissolving the restraining order by way of motion to the court.

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