Ask Robs' Lawyer 4-20-17 part 1

Thursday, April 20th


Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

To rub anybody until I'm 98 rock. Aren't you done this. Old men. Am. Your chances thousand dollars right now so. You mean the code word oriented. 17881. That's number messaging data rates apply your words stay a secret secret all you don't don't take solace and I eat right and an end note now and am. Secret sauce just you know directly say. Secret is the word SEC are ET text that now the 7881. For your chance every thousand dollars my personal attorney Kevin Healy from the U log here. Hammond mayor ring wolf of the moments. 888989911. For your questions got a bunch of emails that came in Maria to as many and as we can. Ari the red radio dot com lived above the hour Kevin are gonna remind you about. The make a wish on nationwide and and wishes of men which is not this Saturday students so my. I OK next Saturday next Saturday and Kevin and is a big sponsor that he's dragging me there in my wallet there sick are. Aren't talking about that event the bombing are now you demonizing and I want is some different stuff the data. Trump says a lot going on the news and I wanna ask you first about the day it's 420. Yeah yeah. This is a topic comes up on the show a lot of about didn't employers as a relates to marijuana. So. Ten employers. Insist that you not smoke pot that you're not in jest pot on the job as a general rule. Sure. What is its medicinal. Do they still have the right to say yeah. You can't in Jesse gets that we went oh this is the path to always go down on the show we we've had this conversation so many times the first thing people say is. In defense of the employer was just like alcohol alcohol is legal but your clerk and say you can get drunk on the dossier so okay marijuana is legal debate on where you are. And he can tell you can't be on the job well one of its medicinal. Weller retire now medicinal or medicinal. Well does it doesn't matter though but he finally I have a daughter is an issue marking your card is that there's all right and exactly so does it matter. I think you mean shouldn't there and I mean there's there's plenty of gray area here for people are just talk about the an ad nauseam. But the longer assuredly he would go to the other still a difficult issue here between state defense. Still illegal to fallible right so very do you have an employer who's worried about these are substance that is illegal under federal law. Right if you do then interviews. Go especially with an employer you might have federal contracts or some points out or get federal funding themselves by somehow. Maybe you can also go to the core issue of when would defector jobless say it all things being equal it's legal. Employers gonna go with California long miss you sure you do music. So then an employer has tried to say you can do. Now on the other side does the employee is. Yeah this is how law works is every busy you know better and anybody. Everybody has a case to remain does the employee had a legitimate case to say yeah but a doctor says I need this. And you in this would be like you telling me not to take my prescription and you can't do that. That's we'd probably get ticked over into an eighty a scenario. Is very disability or something requiring use of this medicinal substances. We do so with the employer have to. I incorporate reasonable accommodation can workplace so once again. Are you have no wonder suspension simple format job is or some other job do neither team Porsche offered immunity. What do all under obviously someone can take prescription. Medications people do console you own game. Basis right. Well with the medicinal marijuana that semi and a half block com. I don't know I'm ashamed of for anything breaks the oil anxiety can. Exactly all I know is you pot right so then import decides okay imagery like I do all someone over here I will pass things might get in or whatever for a. But they fall under the same guidelines. Obviously righted some is abusing those pills they get busted they didn't troubled aid. Craig be the same thing with the pot if they start abusing pain because there are responsible ways greater need be can totally bake apples work right. And you know that would let me now. Would be like abusing into the form as somebody was so one pills they can't even. Function and do their job right when that. It is OK what about someone though do you or prescription drug angle who home. They just by taking the prescribed amounts that are absolutely. Let me I'm lightly when it comes on like it and then they give you the smallest dose and and announcing an album I was on my back problems. They amaze me loopy in the end and it didn't it made it hard for me to concentrate and Ken. I had an employee or can they tell me you can't do that. Even though medium rare to measure they. So you can you can still do that but you can't do this job anymore you can go over here and you gradually different job or the same company correct or you're fired because we are we. Veils for you and which the other shoe drop. From the employee. I'm but I think even one of the issues whereas marijuana is unlike prescription drugs work comes with. Defines who. Direction for you sees tremendous amount per day. How much we do you smoke per day for your earnings guidance it and I. Curious there's like a brand loyalists that. Well lately and what you I mean in different forms you know answer becomes an uncle former with cancer patients. Marcy may into butter offer for cooking and things like I. We'll talk about just smoked. Were you what what's the what's the dosage and that's and that's really didn't. And then on the patient because. Is it might take a little more first certain person to deal be comfortable or to feel the effects and and other people like brown says Xena was a lightweight Sele it and it it's not like regulated. In the sense says okay you take 220 milligram pills a day it's more like school. Wouldn't you take enough so you just are feeling it and then if you need anymore then you take more that he's going as needed gas pretty. Much degrades. Exactly Alabama thing is if you keep going as needed I mean by that I mean you don't need any more straight puts it in natural now. And that tape doesn't you know he did it takes a longer so is there. No question. Commons and center at 88898919. Dilemmas into the emails for Kevin Healy from the UR group first one says I've been thinking of opening an online art shops. Or I create pain teens face around famous pop culture quotes her songs like the gloom Todd or may the force be with you. My question is where's the wind for copyright infringement. What I he's fine with using the quote as long as I don't include licensed characters for example. It's gonna follow boats are that on first up. You would not be fine cracks new game regardless of the character you secure neither phrase we're terms that are. Copyright or trademark for instance there was a machine are require red precious couple months ago about. These consultants. Sued a gentleman who was voting you're not bright they're operating excuse me a light Saber academy. More than one who's actually doing their I don't know but a pair. Hurry he's like really matters are worse and he's the mayor Mike Zimmer fighting right I think when president of exercise. I can't imagine having the stones was not pleased about just because of the use of the word my neighbor who. Our follow up question is this maybe Mormon accountants type question but how does the government determine what as a hobby. Purses of business for tax purposes somewhere to save money in the starting this side business and not get anything in return. You know lawfully you can label is what are your life can operate as best you can within the parameters they. My hope is truly characterization of that operation budgets for iris purposes is gonna reform the tax cut him. I know it's years starting like a home. If you're starting at home baking business the cottage business is what they'll call it a lot of states including California allow you to do so. That many Il makes 50000. Dollars or more you're now a business and you no longer can rent that from outside your tummy now got to go get a break and more so they put a cap. How you can make a good problem to have her. Yeah right yeah so I wonder if it's the same with some early. I eliminate it but and how does that work with like if you're running a website at your home I was wondering is wondering if he or she gives us an online company. Your services around whining you make 51000 dollars regarding California's still wants their money somebody we're trying to force you don't you're gonna have. Have to losers list for a couple of the principal place of businesses and you know you're running an online company burn all lying about. Commerce source your dazzle plays a business is going to be where are pretty. Can you can you do is get a post office pox and make that as your principal place of business pay the taxes but still stay in your house. Images online user's computer all you do and I'm writing blog Mike Rowe I'm writing belongs and I get all this Internet commerce because so many people are clicking on my thing under guys do from my living room. EU could give it and a post office box along zoo where he was what's in the same city within. Where you lived on the physically movie is set to give gather in this example California the money they want that's all they care about right is just gives me. They are and in the end and they want they want and are registered agent for service processes sex. Secretaries here requires the government. Dress if you get sued for some reason somebody has to be able to go. The business surgeon's secretary of state web site signings and draft. Seoul to serve you something fierce attacks Miller subpoena or whatever. You can hurt me if I'm wrong you can list your attorney's office as the address our hearts so that he has a story on Angel. But that way your public your information if you're at your house and it's not available publicly and you keep the and there are companies out there who. Provide better service you can just listed company user agent for service all right let's I guess I got big in Korea here and emails coming up that was easy one weren't so phone numbers 88899911. We'll start with Regina hello Regina. Oh yeah. I think I'll Wear. Consultants. OK so am I when she sort of I guess feed explored. I wasn't. What I was told we were just giving notice to leave because our landlord let's start quoting her home and hidden talents. And I would certainly is getting knock on the door saying that he's shown how. This new owners. It kind of depression since we're telling her that we could possibly say if we were rarely any pressure released. And then we get more people are extremely had a month ago. Don't flash. And now he's back nothing that we recognize the permanent. He's saying that we never pair rendering time apparently left the country Mac. We've basically been home for about to learn the art cute kids I mean I came home with him parents are from. He can yeah. They went in back of Elmer how important Sacramento and it's really cool chill if they're preparing for two weeks. It's allowing this fairly boring if I can consumer you're Sony's. Our ma am very sorry to hear about the situation. Is terrible but I mean if if still landlord. If the former landlord is. Some disparaging you in a way that is causing users to lose. Prospective new housing yes you probably jamboree claim against him the very issue then is is it worth it. What are your damages and that what do you mean get out. This sounds like things are tight anyways those your resources that you might want allergy towards the relocation. Maybe but. If this movement former landlord. Causing substantial harm to reputation the family financial small idea I mean if if what he's saying is not true and it's harming USU you don't Klein. If she does choose to do I take this. Previous landlords of course it does she she she would be wise heard brain. An incident she paid rent like jumping statements that passing and also maybe some photos. Tell her that she should first call the department for employment housing. And see if she can give you one of the individuals one of the investigators or attorneys were presented here Ph.D. some of the work for her. Smooth housing issue uses this one of their responsibilities. Yeah my isn't my. To look into when you know apply some pressure for no charge is there any is there any claim that -- covers a lot of the defamation stuff that we saw is there any claim their about the way she was kicked out about. Oh it didn't know notice he shows up and says. Well and or closing or getting foreclosed on get out and is there anything America yeah I mean that can be kind of be she's certainly. I'm a range of issues there could be kind of a wrongful eviction there could be. A breach of implied contract you know if he's saying take it easy don't worry you can stay in men. Our first winners should remind you get out well you just relied on what he told you stay before and now you have no plans no word go. I'm sorry don't know plus I was gonna say with respect to future housing there could be an interference of contract claim innocence that if he's trashing you publicly. Whose lease agreement opportunities then he's affecting your futures contract for. After I six and so it sounds I think Cheney did anyway it's. Again I don't take it because of what has a recommendation he adds even on my ballot counting. And write me an equity backed your initial point are they not getting replaced simply because of him because they don't have the money you're the security deposit served currents all those things. Some people numbers 88899911. Let's go to Robert hello Robert. I am I had a quick question about applying for business license its. I'm me and my wife restarting apply to companies. And you. I'm not quite sure refresh your place for a corporate bird LLG your sole proprietor or share sports what would be best beneficial for startup company. LLC not old seat in her first of all it and that the just real quake area. The biggest issue there depends on the taxes you wanna do what's so. I would what I told clients is off. Legally preference which entity like best CLC because that's much more user friendly. The corporation's annual party corporal Crowley's. But the tax consequences are different when I when I started my company my and my and my attorney I'm sorry my accountant said here's your choice. Accountants love corporations escorts attorneys love LLC is right now and we had to figure out where when. LA and he and he's got to talk to both right thing and also matters the kind of business you're doing in terms of exposure regulated but legal protections and LLC is. Are are much better and also if you have exposure like if you're more likely to disposal lawsuits there they're better. Are you generally speaking yes because these analyses once you set up you have to do anything else to sub page here annual fees. A corporation you have to hold your annual board meetings are shareholder meetings minutes all our good stuff and if you don't comply with those formalities in the strict sense. You risk losing the protection of the corporate sound solid there's still many in this though it was good. To assuage anyone. From going out and start your dream business her side business or any it sounds so intimidating but there's a lot of help other and that's you know about this before Kevin monogamy listens all time. The legal zoom in those online places that'll help you set things up do you. Not necessarily that one that I just mentioned do you have an opinion about starting there are they did you know so and less intimidating than going to see a lawyer and accountant all the things. You know and yes I do you have an opinion I would say that if barrier to starting your dream venture is getting a call through a business entity formed. And legal zoom won't charge you three or box on the lawyer's gonna charge you seven honoring her not turn do right. Spend 300 then you know cleared up later sorry here's the one here's here's one of the big ones. They just came in this morning I don't know she wants to use her name is certainly an austere. Means she says last week or three year old daughter was taken out of our backyard. By our next door neighbor. Without our knowledge I had or permissions you know the neighbor opened our back gate and took our toddler out of our yard and into first. Where she allowed our daughter to get into their pool only the seeds but still she was in full. And death to my husband realized that she was no longer in our yard and finally heard her in the yard next door. He went got our daughter took her back into our house through the backyard and by the time he was back in our own the neighbor was opening our front door. Yelling in my husband now. Oh my god are you kidding me he called 911. And their final lead for our door closed and locked she still tried opening. That's crazy bad she'll bring this to a shorter stories too late. The sheriff showed up at our house and simply talk to the neighbor after listening to what we said and told turns and not talk to our daughter and told us we needed to put a lock on our game. They didn't run her name or create a report. We had to go to the department and demand that they take reports that we had documentation of the incident and then nothing happened. And we found out yesterday local crime news posted the arrest logs for this month and our neighbors sane person. Was arrested four days before taking our daughter for quote under the influence of controlled substances. So two questions. Everyone I have talked to looking for help has told me this doesn't fall into the category or parameters for kidnapping and or child abduction is this truthfully. And sue if they want to run her name. What could they have done anything I understand we got our daughter home safely but only because my husband realized quickly she was missing it's concerning to me that nothing happened other than a lecture. My daughter still terrified to do and and by herself. Please know she was in our enclosed yard but with the back door and screen open my husband was reconcile the house she and your parents of assassins. How do you feel that is why I don't think you're signed love. My Martha. First up there is to tell reminds the a listener did murder is unlawful yeah. I don't know because that's what all luck tomorrow for me he. I would have to look up the statutory definition of kidnapping but I feel like there's a piece missing your somewhere. So that's a pretty egregious on the facts yeah. I know better and well. I didn't think. I don't know neighbors contending that the child walk through an open gate and it's an easy thing she said so the police are thinking no harm no foul I don't know home. I would not be happy with I was all any idea about her second question if the police had run her name and information. And found all four days ago she was arrested on controlled substances that have given them more ability than to have come down harder on her. It's all about ability and ammunitions and a red flag regardless grew tired I think there's a used to. Sheriff's ran our name in from the prior. You know maybe some more questions we raised for them amend my wife and bring our interest questioning or something like tablets so one thing we've been under the law doesn't necessarily have to do with the so this happened to me. And I called Jones and doron and animals along. As my attorney what would you do would you then contact the cops directly and say I'm represented this guy and what are you doing yeah I would be very sad I. Obama would be on the phone with police the police chief if I can get them. And the mayors are. He's achieved I am but I would she go out chains like got a satisfactory respond in terms of advice to her if if she has the ability to get somebody on her side and if not she should do it. You do what he's always stop and listen I don't know Oxley. I would say you couple have an easier you can keep pressing. On the criminal side by just going up the chase with police department or the mayor's office remember the police work or the executive branch Sony CD. The mirrors their boss. The most part. And their civil problems I'd file lawsuit I mean I'd be furious well against the city against. The neighbor first and all got. A man what are Marty things shipped out with respect how the police department handled things may be. You know and police department and they have a lot of discretion a lot of latitude so you don't you don't suit cops. Willy Nilly is very good. Confused initially and literary he. I am sure what if people are raising your busy Sherry you're extremely busy but the person who annoys the hell out of them gets hurt. I don't care how busy you are and I would call limit every gosh stand today and how I got this resolved in a manner that I felt. Are you kidding me you can't it's not you just get scolded for taking someone's child out of their yard. This is ridiculous and bring them over to the pulled this is unacceptable do not sit in the corner do not be silent make noise every dash cam day. Do not go away until they are so annoyed with you they have. To talk with you can she tries to in your house. She told authorities here now say enter your house there's so many things missing here you know maybe their overworked tired whenever I don't care they it. And I I was sorry I know you're busy everybody's business and jobs in your kids all of that but I mean there may. That time and bug the hell out of them and then you know and I are not as safe and yes this all right and I also. The one of those things. Thank you so Doral you can get a civil tiara which is something I would brush and that stands for ten per share what I know CEO these terms and not everybody let me. Yeah he's our neighbor away. She picks the idea so freaked out and yet the TR ON and then she does this again and the top US cause immediately to like you were told to say that smiling. I'm sorry we integrate phone numbers alienate 999 in eleven more with Kevin usually you lover back there. Dawn show.