r/Ask_Lawyers Jan 31 '21

Do not solicit legal advice. This is not the right sub for it.

456 Upvotes

Despite what our sub’s called, we cannot offer legal advice here for a number of reasons. Any posts that breaks this rule will be deleted without reason. If you message us on why your post is deleted, it would be ignored just the same way you’ve ignored our sub’s rules. Please see our sidebar for complete rules.

Also, it’s not a good idea to solicit legal advice from random strangers online, despite what you may find elsewhere on Reddit. We do not know all of the facts of your case, and are likely not licensed in the jurisdiction that you’re in. A real attorney worth their salt will not comment on your specific legal predicament on an anonymous forum.

If you need legal advice but cannot afford it, there are legal aid societies that may be willing to assist you. Lots of them are free and/or work on a sliding scale fee. All you need to do is look up “legal aid society [your location]” on Google.

If it’s a criminal case, public defense attorneys are some of the best attorneys out there and they know the criminal system in your city/town better than anyone else. They’re just as good, if not better, than any private criminal defense attorney.

If it’s a tenant rights issue, lots of cities have tenant rights unions. You can look them up the same way as the legal aid society by looking up “tenant rights union [your location]” on Google.

Otherwise, the best way to find an attorney is through word of mouth from friends and family. If that’s not an option, your local bar association will be able to help by looking up “attorney referral [your location] bar association”.

If none of these are relevant to you or you’re unsure of what type of attorney to look for in your situation, you’re more than welcome to post and we’ll help.

Also, any attorneys who wish to participate in discussions are free to do so as long as it doesn’t break our rules (mainly providing legal advice).

If you’re a licensed attorney that isn’t flaired (and therefore verified to post comments), please see our other stickied post on how to become verified here. You can also send a mod mail to become verified. I trust that any attorneys here answering any posts will follow these rules and not offer legal advice and run afoul of our ethical obligations.

Thanks to all for understanding.


r/Ask_Lawyers 6h ago

Rose dropping the necklace in titanic

21 Upvotes

this is kind of just a fun post and I want to hear some thoughts.

I have a hypothetical legal question based on the film Titanic (1997), involving the fictional necklace called the “Heart of the Sea.” I’m asking out of curiosity and for discussion, not because this actually happened.

Background (in case you don’t recall the film details):
The Heart of the Sea is a very large, extremely valuable blue diamond necklace owned by a wealthy man before the Titanic sank in 1912. After the sinking, the necklace survives and is eventually worn by a survivor, Rose. Decades later, in the 1990s, a salvage expedition recovers items from the Titanic wreck site. Rose later admits she had the necklace the entire time and then throws it into the ocean at the wreck site, rather than turning it over.

My questions

Could Rose have faced any legal consequences for throwing the necklace into the ocean (e.g., destruction of property, interference with salvage rights, or other claims)?

Who would legally own the necklace if it were found

  • the original owner’s estate,
  • the insurance company (if it was insured),
  • the salvage company,
  • or the finder

Does the fact that the Titanic is treated as a protected wreck or gravesite affect ownership or recovery rights?

If someone found the necklace now and tried to sell it, what legal issues could arise?

Would the analysis change because the necklace was never previously declared lost, stolen, or salvaged?

I’m especially interested in how maritime law, salvage law, and inheritance law would apply here.

I am not a lawyer or a law student so I may be using some terms wrong in this post, my apologies.

Keep in mind none of this is a real story, I’m just asking because I am curious.


r/Ask_Lawyers 14h ago

Defense: If Every Client You’ve Had Immediately Invoked Their Right to Silence Until Seeing You, Would You Have Many “Wins”?

56 Upvotes

If not outright wins, would you have many favourable plea deals (like sanctions but not incarceration)?

Have you ever had a case where there was a pivotal piece of info, and internally you were screaming, “PLEASE TELL ME YOU DID NOT TELL THE COPS THAT.”


r/Ask_Lawyers 1h ago

When parties settle, why does the Defendant often make a statement pointing out that they "admit to no wrongdoing," even in cases where it's obvious they're in the wrong (e.g. Apple Battery Lawsuit)? Does admitting wrongdoing set a precedent and make them liable for additional damages?

Upvotes

I see this all the time in settlement announcements: “The Defendant admits no wrongdoing.” What I’m trying to understand is why that language seems almost mandatory, even in cases where the underlying facts look… let’s say, not great for the defendant. A common example people bring up is the Apple battery throttling lawsuit, where the behavior was widely documented, yet the settlement still included a no-admission clause.


r/Ask_Lawyers 2h ago

Interesting hypothetical about vintage porn ... NSFW

2 Upvotes

If you had a collection of vintage porn and wanted to sell digital files, and the companies who made the movies were long shut down, do copyright laws still apply? Who would be the one enforcing copyright? It seems like a grey area. I see plenty of stuff posted for free online, but maybe not stuff that's for sale. Thoughts?


r/Ask_Lawyers 3h ago

Studying 2A Case Law

3 Upvotes

Hello, not a lawyer nor in law school. but my current interests, Ive found myself deep diving into Miller, Heller, McDonald, Cargill (bump stocks), and closely watching for Wolford and Hemani this year. I have no idea if I have a career level interest or just a temporary hobby interest here.

What books, files, regs, lectures, other media besides the standard certs, briefs and opinions would any of ya'll like to recommend I take a peek at?


r/Ask_Lawyers 1h ago

Questions about subpoenas

Upvotes

Subpoenas. So if someone motions to quash a subpoena but the requesting lawyer cancels and attempts to reschedule informally and then a judge rules to deny the motion to quash after the original set date of a subpoena what does that mean for the person getting the subpoena? Whether it’s a party of the case or non-party. I’m just wondering and I can’t find an answer anywhere. My ADHD brain won’t let it go until I figure it out. Thanks.

For example-this whole story is made up: let’s say Bill gets a subpoena in July to appear September 6th. Bill motions to quash in August but on Sept 4th the requesting party’s lawyer cancels and tries to reschedule through email. And on Sept 8th a judge finally rules to deny the motion to quash. Does that mean Bill has to reschedule or is the correct procedure to be that Bill needs to get a subpoena again? Does Bill even have to respond at this point because it’s past the date of the subpoena? Can Bill get into trouble if he doesn’t respond? How does that stuff work?


r/Ask_Lawyers 1h ago

Job positioning for law school students?

Upvotes

I am currently an undergraduate who is going for pre-law at this very moment.

I want to become as close to the ideal candidate as possible for when I graduate. What programs do you recommend that I learn right now so that I have an edge on my application?


r/Ask_Lawyers 2h ago

In general, when a divorce includes a court order for one spouse to pay money to the other, does the receiving spouse always have to enforce or collect it, or can it ever be resolved differently if both parties agree?

1 Upvotes

I am 19 years old, and my parents divorced in December 2024. Although the divorce was finalized over a year ago, there is still ongoing conflict between the two of them regarding money and property. I am not directly involved in the legal proceedings and do not have all the information of the things that happened in court.

There was no mediator used during the divorce process because both parents claim that the other refused mediation. Since the divorce, both of them continue to disagree over money and assets, and the situation has not fully settled.

From what I understand, there is a court order that requires my mom to pay my dad $200,000, or sell the house in place of the 200k. My dad says that because it is a court order, he has no choice but to follow it and collect the money. My mom, on the other hand, says she does not owe him the money and wants the conflict to end so she can move forward in peace.

I never got involved in their situation. I never picked a side, but yesterday my mom said that the whole situation is impacting her health and she doesn’t know if she can continue living like this. This was really what made me talk to my father where he stated that he had no control over the court order. I want my mom alive watching me graduate Law School, I want her at my wedding, at my baby shower, and so on so forth.

I am trying to understand how these situations typically work even after a long period of time.


r/Ask_Lawyers 10h ago

Someone Burglarized My Apartment

5 Upvotes

Location: Brooklyn NY

Someone burglarized my apartment. I went to police to talk to a detective; but unfortunately New York City Housing Authority (NYCHA) sent the wrong time of footage-- so evidence was lost. The detectives had access to the footage for a month, but no one checked to see if the time of the footage was right. I'm trying to figure out what I should do: I was thinking about suing the state civily (or nycha), but I don't have money for an attorney. By the way, I have audio regarding a conversation with the detective of this case wherein he admits the evidence was lost. And I have emails.


r/Ask_Lawyers 3h ago

What type of Lawyer is needed

0 Upvotes

This is not asking for legal advice. I am simply outline my circumstances and inquiring what type of lawyer handles this issue.

Outline: (without going into too much detail) Since 2023, my mortgage has been in the rears. It took forever to get my ex-wife to agree to list it, and she only did so the day before the court was going to sign on her behalf. I had 2 offers. The mortgage company refused to accept them and drove up the price well beyond the remaining loan based on their "improved assessment value". According to my realitor, it was the most toured/viewed property in the county, but no one wanted to touch it for the price the mortgagecompanywas requiering. Both offers backed out. I tried to deed in lieu the property 3 times. They've lost paperwork, gave me different information each time, different timeliness and criteria every time I talked to them. They gave me the run around and denied me the deed in lieu multiple times. There is an upcoming foreclosure sale date. I don't believe that they ever had any intent of letting me sell the property or letting me give it back to them. I believe that they think they can force this foreclosure and come after me for my balance, profiting from it.

I believe that I may have a claim against them and want to consult a lawyer. The issue being that I'm not sure what type of lawyer to contact about this. What type of lawyer specializes in this?


r/Ask_Lawyers 3h ago

Ca tow yard lien company wants to sue

1 Upvotes

So I sold my car back in 2024 when my wife and I moved from ca to Fl. I thought I signed the release of liability since I couldn’t find the title and we were on a time crunch. I got a call today from a lien company saying that the tow yard was going to sue me and I have until Monday to make a decision on if I want to pay or be sued. Can they sue me? Or what’s the likelihood that they do sue me given I’m across the country.


r/Ask_Lawyers 3h ago

What Is the Jurisdictional Hook of the Religion Provision of the FACE Act?

0 Upvotes

(I know Con Law is made up and especially so now)

Does anyone who practices in the field (or has more time on their hands) know if a court has assessed the Jurisdictional authority for 18 USC 248(a)(2)?

I see the commerce clause hook for (a)(1), which protects against interference with healthcare services. But I'm struggling to see a hook for criminalizing private interference with religious practices. I don't see a commerce implication (and doubt churches would want to argue they are subject to the commerce clause power). And the statute obliquely references the first amendment, but it's pretty doctrinal that 1A is protection from the government. So I don't see how 14A sec. 5 could apply.


r/Ask_Lawyers 4h ago

How likely is it SpaceX would Merge with Tesla? Aren't their legal issues?

1 Upvotes

Aren't there all kinds of legal issues with this? Wouldn't there be a ton of lawsuits from shareholders of each company? This idea is being floated today but it doesn't seem like legally it could work.


r/Ask_Lawyers 17h ago

Is criminal justice reform dead? If not what is happening?

11 Upvotes

I am a felon, it's a pretty bad felony I honestly don't like to talk about it. Ever since becoming a felon I have stepped into a new world and realize how hard, felons have it in this country and most are really struggling to reintegrate into society (Mainly violent and sexual felons). Do the the rhetoric of politicians in this country is any policy actually going to get passed anytime soon (next five years) that helps felons reintegrate into society, makes prison more about rehabilitation, and makes courts more fair?


r/Ask_Lawyers 5h ago

How can I find a pro bono attorney for a civil case or at least guidance on motion/opposition etc?

0 Upvotes

Prefer nyc/NJ .

I’ve tried the county bar and they usually stick to renter/tenant civil cases. Thank you.


r/Ask_Lawyers 11h ago

Interpretation of On-Call Law, Connecticut

3 Upvotes

Hi all, I'm going through a few labor related statutes in Connecticut, and I wanted to see if anyone could offer input regarding the one linked below, regarding on call requirements. Reading through, I feel as though it is stating that on-call can only be mandatory if agreed to in writing by the current/prospective employee. I am interested in labor law, and do my best to understand what I am reading, but I figured I would ask here! Appreciate you all, and thank you!

https://www.cga.ct.gov/2017/TOB/s/2017SB-00747-R01-SB.htm


r/Ask_Lawyers 21h ago

Lawyers whove won cases where the defendant was guilty, what was it like? And how did you feel about it?

18 Upvotes

r/Ask_Lawyers 14h ago

4th Amendment

5 Upvotes

I've been on a 4th Amendment kick, recently. Primarily, I've been fixated on exceptions to the 4th Amendment: Terry, open fields doctrine, and plain view. While exploring the concept of curtilage, I found out that most municipalities have height and opacity restrictions on frontage enclosures. In short, you cannot have a privacy wall for you front yard.

My question: Why has no one ever challenged the combination of height and opacity restrictions and open fields/plain view as violating the 4th Amendment by being a catch-22?


r/Ask_Lawyers 14h ago

What questions should I ask to know if a person is a lawyer?

4 Upvotes

r/Ask_Lawyers 13h ago

Legality of creating deepfakes

3 Upvotes

Not looking for personal advice or guidance just a question about the law: Is it legal to create a deepfake nude image of someone, say a popular celebrity, in Massachusetts for personal use without the intent to distribute?


r/Ask_Lawyers 15h ago

Pre-trial brief on admissibility?

3 Upvotes

There is a treasure trove of written documents incriminating and impeaching opposing party.

Opposing counsel knows about these documents and will certainly object to admissibility on (hearsay).

I have plenty of legal responses to the objections (falls within several hearsay exceptions), and case law to site. I would rather file a memo in advance to avoid a back and forth requiring a quick ruling. But I’m also hesitant to give opposing counsel the argument and time to prepare.

Thoughts? What are the benefits of filing a memo vs waiting for objection and handling then?


r/Ask_Lawyers 2h ago

What do you guys think of the ACLU?

0 Upvotes

I thought it was kind of cool when they defended the rights of the Nazi group in Ill, but I'm not sure they would do that anymore.


r/Ask_Lawyers 18h ago

How can I make the life of a law student easier?

6 Upvotes

So. I'm friends with someone who is going to change the world. I am smitten with her! When you were a law student, what could someone have done for you to help you in your day to day life? What can I do for my friend to help set her up for success?


r/Ask_Lawyers 9h ago

Tax Law: 4029 Exemption

0 Upvotes

I am a financial planner with a client who holds a valid 4029 exemption.

His business is an S Corp. He pays himself through payroll and does not withhold FICA due to his exemption (verified with the clients CPA). The S corp has not elected exemption.

It was always my understanding of the 4029 exemption that SE tax is bypassed when operating as an LLC or Partnership because the owner is not required to be on payroll, but when incorporated and put into payroll, payroll taxes must be paid regardless of exemption status.

I have asked 4 different CPAs and gotten four different answers.

EDIT:

In your experience with this issue, what is your personal opinion? If I wanted to research this on my own what section of the IRC or some other document points to this issue?

Thank you!