Ask An Attorney - Don't Lie to Cops
Tuesday, June 26th
Tuesday, June 26th
Having some legal problems? Can’t afford a lawyer? Attorney Larry Army is in studio to help you out. This week Larry tells you how to deal with a traffic stop.
00:25:28
Transcript - Not for consumer use. Robot overlords only. Will not be accurate.
Yeah they Hill Man Morning Show on demand. Knowledge and pin on your schedule at WAS. Dot com. Henderson legal advice I promise you. I'm big cash settlement that you force them free legal advice might he is 50%. That journey. Our in house counsel in the studio with us Larry army junior and everybody wants to know what happened last week quoted case of the guy who was accused of groping the woman and they while what's the outlook toward good morning good morning deal could see you guys see everybody's feet I think it and as I'm sure you can guess as all things in the state this continued a academia are. That wears number eight I yeah by the way you want to issue a brief disclaimer on this segment as heck yes I am not anybody's lawyer here okay you're just offering a yeah there's actually listeners to think that has this I'm now their lawyer and I OK guys I guys trying to help you off you're giving your advice. As an attorney. But not as there are turning there's no official. Agreement made that you're representing anybody's pretty simple it's been pretty bad when the legal show that the legal. No liars get around every I wasn't an issue here's 50 wait tax. Text and now for your free legal advice I'm a new mom. And I breast feed at work. I am getting a lot of flack about this what is the law. So I get a. I gotta go back to my thinking cap appeared try to recall blood there is a lot on this and I think it's called the Massachusetts. Pregnant. Workers fairness act may be yes basically without says is that you cannot discriminate against a woman whose breast feeding. Or going to be pregnant bit to make accommodations if you're breastfeeding. He she said these new companies now that building big new buildings they have breast feeding rooms yeah. Meditation rooms you know these kinds of things are a beat them lower delinquent. On April the bottom people take the wrong way like only. I'm surely you don't ignore me using it aren't necessarily going out well let's just say are what are my amazes me is how personal people speak to us. We have bathrooms. On every floor in return for building. At new balance. You know why life has some bodily function you have to prove yes so then he's the only functioning after breasted so. She should not be taking any flack for this all night commodity adversity all. You know it's part of nature. If people are freaked out by you should just turn away but employees do have to make accommodations in Massachusetts many other states. My mom bought a used. 2014. Kia Saran though from a ring and oh dude for 800 dollars. When she got home she found out the frame is twisted. It's rusting out and it's held together with bungee cords. She called take it back in he says he doesn't have the money anymore. So you'll get a look at the Massachusetts used lemon law. I believe and again it's been awhile since I looked at a but believe that the on the block covers any vehicle in Massachusetts. Oh by ideal or private party. The class has to be at least 700 dollar so I think she's good on now yeah. And and outlining how 5000 miles. Okay and how there and how long do you have. I would Ritalin or otherwise it over a 100000 last year seven days okay seven days you have to agree thirty you know I can't remember everything right now and you know slack on my arm just flat out. Here's a text asking if you can and go back. And adjust a divorce settlement based on college expenses that you didn't anticipate. Hope this lasts about that the earth is there is coming off. Again and although they won't you wanna just speaking of this so. My ex wife's warrior. Went to Middlesex courts. I had no I got no paperwork on that. And so my daughter and I are going I think you probably didn't know I don't. I didn't but I sorted out I had I didn't I was freaked out about their is what you do it's my daughter had the money I don't care I definitely would developers is that it's been eighteen years. So she's not going to college. And also scored toward greater or more years. Chuckled support. Tension you know Greg and I and I can't ever call me baby really you say somebody needs an attorney that sub that somebody needs an attorney and trying to figure out how he isn't until that happens to show for you know 34 months that are so can doom. Can you go back or let me say this you can go back and modify any party or separation agreement. Or your divorce judgment if you can prove that there's been a material change in circumstances. And with college you know one of the things about colleges typically when people are getting a divorce their children are in college when they're getting their divorce that could be youngest 26 or whatever the case may be. So what you're trying to do is try to play every something's gonna happen 1015 years down the road maybe so by definition this is not something you can really. Understand at the time he's doing it so these kinds of things get brought back court all the time. When and what court will look at when it comes to college is who's paying child support how much they paying. Where is the child go to school are they living there how much does that cost what do you make the all those kinds of things. My previous this is a good one might previous employer. Ended my contract. Because my sister in law broke up with him. I'd be all right guys and that's not what the official statement right now is that legal like you ought to talk to your sister. Sure you are. Just there are moderate rip these and that if you stay with a for another six months knew what the deal was that you know. These questions that are just so hard to answer BK you scratch your head and you say you really believe that you lost your job as young as your sister your boss and me and she did right maybe. I'm only here on a contract which is what it sounds like contract ended. Yeah he's no there's no obligation for your boss to rehire you react in new contract. That decision seems a little suspect it may mean. Maybe you want your system to go back to them please sign your new deals normally don't have this price. Yeah I mean it's much cheaper later his own it would have a family chat with your sister that's all you do this genius of American you guys nearly either by another six months and you might new deal. Here's a 978 taxed during ask an attorney. We are planning a bachelor party in Montreal some of the guys have kiwis in the states so they cannot cross into Canada. How many years must go by. Before they are allowed to visit Canada again. You're not a practicing attorney and can I am not Greg thank quote. We have that we do have my Canadian associate with a loud and admire his and I answered this question you're you have Vijay speaker. Yes and linemen Ammon and interned at malaria army and so what is your answer Nasr is is that if you get a good border guy. If the immigration guy at the border doesn't buster knots in my life zero otherwise. You're done it's you know it's not worth the effort. My sister and I here's 617 tax my sister and I want to take our mother's house out of her name. Should we buy it for a dollar. And put it into our names and what's the best way so we don't get killed on. Taxes. So this couple there's a couple issues here and a focus on the question but I will say this depending on the age of your mother or whether or not she's somebody that might be going to a nursing home. This Medicaid look back periods you have to be aware of and if you're buying the property for a dollar a fair market value is much greater than that which I assume that it is. It's not going to be if it's not going to be an arm's length transaction so it could be clawed back from Medicare. Terms of doing this for your mom and tax issues number one you need to speak to a CPA. I didn't I didn't give tax advice the low of my head up but I will say this in general. If you're gonna take the property for less the fair market value is going to be some card I would imagine of gift tax implication that comes in their because she's basically. She being a mom is basically gift he knew the equity and property. Now parties can gift I believe it's up to 20000 dollars for a parent. Each parent to each child so they could use those gift exemptions. And it used to be to 1000 maybe a little bit more now. On this also lifetime exemptions that you might be able to use of that but I will tell you that you really need to speak to CP because it's not as easy question. To answer as you might think. My neighbor that lives behind me. Has a tree that broke that is being held up by another treatment could come down any time on my house. Is it their responsibility to have that tree removed if the fall down on my house any time so no more ice in the trees on their property. But as we've talked about the pass on the show. The property goes straight to the flight deck so basically when you have a piece of property you're on the air above to a certain point where the FAA takes over. So the property if the trees on their property it's their responsibility. If the bridge is now paying on your side of the property of the trees over your property. You can take it down if you like to still think it's their I still think it's their responsibility. You can usually talk to people about these kinds of things and I don't work out an interracial. Dating her now he can't he can't do that. That used to work and thanks to go to Atlanta anymore that's like standing 3 in the morning grab the chains are going non down with a case I was a late in street isn't me as accurate and of itself. My current employer lured me away. With money and perks. But they have systematically taken everything away over the last two and a half years. And I leave. While he yeah that you don't have slavery anymore coming companies who I guess maybe they are wondering if they can also sued for that they. Look at them away with perks that it would need to be and need to be in writing right the certain annuity contract the idea that contract to prove that they yeah. You thicker and a that two and a half years and he must've got some of the works era. Here's a great question 617 text when it comes to divorce. Is sex sting considered cheating. You know I've heard some interest in terms lately I've heard emotional affair physical affair there's a lot of the fears that there you have the hairs on Larry you have. Danielle always personally own worst emotional affair is there any emotional affair is worse than the physical thing about guys here that. And I am aware that many times as a divorce attorney asked look. First of all adultery is the is crime in this. It's the crime having intercourse with somebody who's sexting does surprise that. Is it nice to sex than other woman or another man if you're married now no now it's not fail now now now trying to keep you awake over Africa. Yeah you have to on form me by an arbitrary. When he'll have to sheik is still leave you. But nobody is in the lawyers if you don't perform the act if your just sexting someone. They can't use out if that's not a Hillary is not could be emotional there could be an emotional effect bomb but in this state do you even have to have. The adultery here or anything it doesn't matter right. And masses and no fault state in policy so you could actually sue somebody for it adultery and divorce very rare that it happens I'll tell you this. We've done it a few times because clients just don't want Monaco so you know they have a little fun will ride the bus Ali what are you going to sue you see you have the name the adulterer. Party you name the adulterer so would be you know. Doctor big Jennifer over us is Greg Hill verses when admired him buyers trying to limit and finally if you implement your idea CNET got to sue an invite you look on with it and yet it judge's permission to do that yeah. I'm really I'm Aaron never giving answers or divorced. And and I usually somebody yesterday. On the present value they're that way because we're in the middle of the segment here how long here's a tax. Can you would explain. Whether or not if you fail a drug test for marijuana for a job interview tenure employers use that not to hire you. Once it's recreational. So the the total life first we have wreck where it's honestly yes so I'll say a couple things about that number one year player can test for marijuana use or any drug use that snaps right to do that. Massachusetts still has zero policies so if somebody wants to Germany you Burt. Being high on the job they can do that somebody wants terminate you for failing a drug test they can do that as well. The issue I think the interesting issue anyways with marijuana specifically. Is when you testimony marijuana they you couldn't smoke literally sixty days ago. And sixty days ladies still have the THE which is what they measure in your blood sample earlier simply your hair. So that the question becomes you know somebody's doing something on Saturday night. And you're getting tested on Wednesday that not coming to work tires around and you terminate them them I think that's a little bit more of a gray area. You the other issue and I'm not sure that it's been decided yet Massachusetts although I do believe it's been decided in Colorado is. If somebody has a disability and they're actually being prescribe medicinal. Marijuana for medicinal candidates to chick that disability can you fire that because that's a little bit of a different scenario. Being disabled because those people protect the United States disabilities act. Here's a 50 wait tax for asking attorneys is that one. I got married in April of this year. Can it be annulled or does she already don't have authority. Hot we've probably told you when you to accidents and getting married this weekend rain noting that the couple months old and yeah quickly. Time is not your friend it listener OK so what this atlas and is there a time limit on and on home. Nine so this typical kinds of moments Dziena on the Tuesday. There's also an annulment to chaired some unclear where there they're asking about which one I think they're asking if once you get married. Does the spouse on is the spouse automatically then entitled to half or is there a period of time that so marriage has to go for. So marriages and equitable distribution state a lot of people think it's a 5050 state because that's what seems to happen more often than not. That's really not the case what we are at work equitable distribution state which means that the court will look at all property that is acquired. While brought into the marriage during the marriage. I can't equitable is another word equity is another sort of fairness. So somebody that's married three months two months in the marriage doesn't really work I can't see your suppose getting much at all. The one exception would be if you would. Living with this person for say twenty years and then you got married for three months under the Massachusetts alimony reform act. You could end up paying alimony on a lifetime award because the judges could look at that when he years of beating. And turn it into twenty years of your marriage if they were principally dependent on you and is a whole litmus test on. 617 text. If I have two drinks after work and then get pulled over and the cop asks if I've been drinking what do you recommend nice day. Out. So if you a couple of ya know it's not so called Arab knocked out. As you. Had their water odor. Come. All right. Not necessarily pat is not what because his if you idol cock you're definitely pulled out of that car. And you know look to drinks is a funny number because of its two Beers out of hand you probably had a point for all four. So you're at the point where they might be able to arrest you but they're probably not going to arrest you. And there's no presumption of intoxication lecture at a point. Oh if it's to Manhattan send your image shows you you learn from your anger your finished down here in debt taken to honor I'm a little happy changing over there a couple of those little taken pulled over and you've been drinking chances are you'd get something on the road you pulled over because you've been drinking. So you know look. I wouldn't say lord. You know I wouldn't even do anything other give them places directory but the acid you been drinking you'd be honest is right down obviously you speak out. Among the comic rhythm I know she could remember a few right note that like hits he I would just. I get a little Lotta things as I do have that law degree they JT says I'm not a lawyer but I don't you ask. Iowans I was told by guy that he had been given advice. From some. Some person who thought they were an attorney. You didn't have to roll your window down when you were pulled over by a police officer as officer during a stop itself. I. And I don't. So he got pulled out he got pulled older and he said you know like I don't have and I'm all the windows down. Yeah today through the window apples and as families our zone broke in the and the that does not we'll grant you that this yeah. Greg your story hours and I think I'm an event I don't know how to. I feel so sorry I just tried to recover and that's that just trying to get to a story. And get the get the punch line count on my bed our rights. Let's say. I've plowed what my truck this winter for a landscaper. He's still owes me 600 dollars. He was paying me under the table. And I still haven't been paid do I have any recourse is on this. Well this is one of those tippy toe down all questions Greg. Paying paid with cash into the table to me I would assume that you're not. You know act picking that income for the IRS I got tax returns so you know this is one of those. Be careful opening up your camera warms. Because you couldn't trouble having said that if you're an independent contractor which I assume you're essentially using your vehicle and working for him. And you had a contract or you had an agreement even verbal agreement and needed follow through on that you cancer. You know percent to 7000 dollars my advice go small claims court paid thirty they'll feel whatever it is and serves. But again I'd be careful because of beating claim that income and and I don't know that you didn't claiming income you may have. You'd you know you know we wanna bring that to arm the somebody's attention. Isn't. Legal. This is finally text is it legal for your employer. To force you to use vacation time. To make your forty. I don't know if that means forty major forty hours I guess. And is it legal not to have access to your time card during the week. I don't know what that means. It's I mean we discuss this before yes an employer can tell you win and you can take your vacation correct breath. So maybe there are forty hour employee and they only were scheduled for 32 in May be the environment or call 888 hours initiation in order to get all forty maybe I'm to me it sounds like the employers got one of those automatic payroll services yeah so he sent the payroll money in on Tuesday aspect of. There's and I. The regular. In the it's yes and I'd place. I gave a guy 2500 dollars cash as a deposit for a fence for my backyard. It was two months ago and he's not answering calls or emails or text messages what are my options. Say this to all of you up their lesson don't give people cash for literacy. It's really that simple okay because you're gonna say you gave this guy cash he's gonna Saturday in your name as you don't have or see or something in writing that shows you paid the deposit. Now it's he said she said thing that sounds like they're probably in better position to win that argument is that party swindle you out when I heard a box ya so there at least that good. So on never give anybody cash without a receipt I mean why would you do that America. This is this is Michael hello Michael. It has once. Oh Burt. So a couple years ago a lot of what it. Out that he would you ought actors. It. Had. Come out liar now. What sparked. By neighbors as it and it. Got out mile street. And they thought actor like 336. All. I bought. It back. Now mr. It. Out eat it like it hit. Well actually like all over there. But I. I. OK. So it. Susan that states and or at the neighbors put this now they've petitioned to get the town to put the Denon and there. But don't you have a right to enter it here he's saying if you're going to your own house well. Let's just all but others a couple of really take the other way there on a one way street during the hours of nine and and you were down one way street. You get a ticket yet you're gonna get it's I got to believe look if if this is called the sag dad and wrote that says you can't communion the realities in his all the way and I have a problem that. But that has to be you know going and you think right or sleep did you. Honor outside sure that was real legal well I'll be. And I inherited a pissing contests I assure you Obama's obvious I don't know there the last naturally neo Victorian or mural Jr. who last. Last question to ask questions today I I am planning on giving my two weeks notice at work I have. Eight vacation days left if they refuse to pay me for what steps should I take to get paid for. I mean look you're talking about eight days vacation. I would certainly contact a lawyer if they don't give achieved. But you got to contact somebody who does labor and employment type issues because as a lot of statutes quirky little statuettes. About attorneys' fees and triple damages so it's one of those situations where you have to pay for a lawyer to get eight hours of vacation time. It's not gonna work out well for you if it's one of those situations where there's a statute that says the employer has the payment yet not gonna lose having said that. Best practice take your vacation day then give your notice. Here's Texas says I just Google mr. Armey junior he is even more handsome than me sound. Yeah. I know I cannot argue with that. That person could get legal advice. Boy alive well and wrote they had to contact me and WA AF and I looked out the great job down the aisles of our great great stuff. And of course we remind you that area is not your attorney he is just playing one here on the radio. He's an underdog we do actually have a jurist doctorate and he does eat and I picked us our eggs and did pass the bar examiners Caricom want them on the first drive that's pretty it is that LG has. Asked multiple bar exams. And I assets and different I think the question is what would you like that answers with a bunch heavy lawyer and a shot at Wetteland. There are exempt there's you know Gardner's life experience and then there's experience. That man to my left has experienced. You're like I had a party to generate an air anti us right let's do I would just like you know when you're getting arrested you're going to build repair expect to have to take all your calls on my granddaughter have some parents accused fingers in nearby and put a red sued Arthur remember. Would that help ease the it's close to paraphrase. JC LB. You're not a lawyer but you do know a little as I'd have a little idea. Quickly when I was little my money on is an attorney and now my grandparents used to have the newspaper clipping from when she passed the bar and every time I'd read in their pantry and like. Who cares if she walked by Barclays that I think and then obviously Italy knowledge of art they aren't it and yes and I think we may understand. These somewhat sad demise of the newspaper industry if they were publishing an article on those who have passed the bar exam and often times note early so is excellent I'm not no disrespect to the board the Stater whatever they call for. It is 902. Outs casket attorney here at W I am an HD one last robots that WE. XT two points and WWB. Acts. HT. Oh.
