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Who Can Arrest the President? And More Free Legal Advice – Free Joe 8/7/12

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On Tuesdays and Fridays, attorney Joe Escalante answers legal questions for free on the LegalZoom Facebook Page. Did you miss the last Free Joe? Don’t worry. We’ve got it all right here.

Edie: here is my question :Who can arrest the president”?

Joe Escalante: The Speaker of the House can arrest the President in my opinion, if he is impeached and refuses to leave office. That would put him in contempt of congress. Some say only the Provost Marshall, which is like the top military policeman, can do this however.

Katherine: I need to get a will done but I think I may be moving to another state in the next 6 months. Should I wait to get one in the new state?

Joe Escalante: I would get one now.

Chris: Joe, I just had an old friend/customer of mine take a design we did for a vehicle wrap we were to produce for him, never paid for it, had another firm reproduce it and copy our ourtwork. In my my email proofs on the bottom, it clearly states this…

All graphics, layouts, & designs are property of “Capital Signs” and “Capital Signs” retains rights to all graphics, designs, and layouts until furt
her arrangements are made in a written contractual agreement. Capital Signs does not hesitate to prosecute for unauthorized reproduction of Capital Signs Designs when we discover a design has been shared, re-created, or reproduced without appropriate permissions. In addition to the fines provided by the DMCA, Capital Signs will also seek damages for each shared, re-created or reproduced design without appropriate permissions. Protect yourself. Ask if you are able to reproduce, or if you obtain the rights to reproduce artwork that may be in this email.

Can I take legal action against him to persue design fees and the job lost, theft of service, and that was produced by a competitor?

Joe Escalante: Your main case is against your customer for Copyright infringement, unjust enrichment, breach of contract, etc. However, if the new company realized the artwork didn’t belong to him, and reproduced it anyway, they could liable for copyright infringement damages as well. Send them all letters notifying them what they did, and that you own the copyright in these designs. Although there are federal issues at stake, you can at least take the customer to small claims court if the amount in question qualifies in your state.

Florentin: When publishing original work, such as a music book, what are some differences, or challenges/benefits, between self-publishing and publishing with a company? Thanks.

Joe Escalante: You give up less rights if you self-publish. You retain more income from each sale. However, you give up the marketing power of a publisher, and perhaps some prestige. But there is also prestige involved in doing something in a smarter way
that makes you more money.
Also, a publisher will be paranoid about copyright issues in your book involving other people’s music or other protected material in your book. That is good if they help you avoid a lawsuit, but it’s bad if they’re so paranoid they don’t understand things like the Fair Use Doctrine.

Patrick: Can a single person LLC purchase a work vehicle, in my case a truck, solely in the name of the LLC? If so, how would this affect changing the title and obtaining insurance? The vehicle would absolutely be used only for work related purposes.

Joe Escalante: Yes. If the LLC has money, the car seller will take the money, just like a person gave it to them. The DMV will register the car to the LLC as the owner. It happens all the time.

Cathy Jo: Have a question about criminal law. If you commit a crime with a gun in ohio (you shoot someone in defense of another person), will you automatically be prosecuted and is it possible to have it considered a misdemeanor and not a felony?

Joe Escalante: It’s either a crime or it isn’t a crime. If it can be proved that it was in the defense of life, it’s not a crime. If it’s a close call, there may be a conviction, but with a lighter sentence considering the circumstances. Each D.A. office decides how they will file it.

Enrique: Ok…here is my question…Before becoming a “Permanent Resident”..I had 3 DUI’s, will this affect me if I try to go for my citizenship?

Joe Escalante: 1 maybe not, 2, I don’t know, but 3? Yes. it will affect you.

Anton: How should e-commerce shop in New York pay sales and federal tax? Thank you!

Joe Escalante: This is a gray area. Each state wants the tax, but if a person bought the item outside the state, most retailers believe they don’t have to pay the N.Y. tax. Only New York residents would pay it. However, the State of New York will feel muc
h differently. The shop collects the taxes it feels it has to under the law. Then it pays the state and fed. govt. and hopes that the government agrees with their theories. This is not settled law.

Linda: Hello, I’m a small-business owner in Texas. We are incorporated, a professional association. Is it necessary to also carry workers comp insurance?

Joe Escalante: it’s not required unless you are contracting with the Government. However, if you don’t, there are notice requirements, etc. for your employees. See this link for official info, rather than my faulty interpretations:

Jeffrey: A friend asked me and I did know the answer.
Is it legal for a CA card carrying medical marijuana holder to cross state lines into AZ, as two states who have approved medical marijuana? THX Joe

Joe Escalante: I don’t know dude. This law is messed up because it conflicts with federal law. A cop in AZ would not hesitate to bust a pot holder trying to claim his CA card is legit. The cop would probably say, “sorry dude, you need an AZ card.” If he’s wrong, it’s too late, you’re in jail.

Alon: Can an unemployed person, on medicaid in NY, start a business? Will he lose his benefits even though it is expected to take months, maybe even years before he sees any profit?

Joe Escalante: If the requirements are income, and a business produces no more income, the person is theoretically still in compliance. If fact, they are probably more needy after starting the business.

Andrew: I have a business idea but it has to do with a major league team and catering food. I have visited with and attorney and was told I had to build it to patent it. Is this true?

Joe Escalante: I am unfamiliar with that requirement.

Michael: I Was fired since being out for 2 weeks with health issues in OKlahoma – I provided notes from Drs and kept in contact and they claimed was performance, yet didnt ever get a review and was there 6 months. Do I have any recourse ? ( its a right to work state ) Thanks

Joe Escalante: Go to the State Labor Commissioner’s office and file a claim. It’s not hard and you will get the answers you are looking for.

Vicki: My daughter was injured on the job November 11 2011 and is almost ready to settle and was released to go back to work and called her job for a date to come back and gave them her restriction, and she was informed that they had fired her in April, and she was under a Doctors care. What happens now, and why does she have to get a different attorney

Joe Escalante: She should go directly to the state labor commissioner and get their opinion. There are not enough facts here for me to answer this.

Brian: Living in Georgia separated for 3 years now. Kids are grown, lost home to foreclosure and I was left with a lot of debt. Can I just file for a simple divorce on my own?

Joe Escalante: Only if your husband agrees on how to split the assets / debts. Otherwise you have a contested complicated divorce.

Elizabeth: I have a question. We offered month to month on rent since the renters stated they were looking for a house and would not be needing it after a few months. They refuse to sign up for a year lease can I give them a 30day written notice and mail one out to them certified. This has been going on since May. We want renters who want to stay for a yr. Not have to worry about someone moving out in middle of winter hence it would be harder to rent?

Joe Escalante: You have a right to give them 30 days notice to leave at anytime. Certified mail is great. Good luck.

Unless this is Section 8 housing. Then I think they get 60 days in some circumstances.

Aloha: Hi, I solely own a small automotive related business in Hawaii and am currently an LLC. All workers are subcontractors. Is it necessary for me to incorporate? If so, how will this benefit me?

Joe Escalante: It wont make much legal difference, the question is whether it’s a good tax related decision. For that answer, you go to your trusted tax professional. Mahalo.

Tasha: My brother is paying child support hes behind 12 thousand he hasnt seen them at all is there anyway we can stop this and she moved his two boys out of state we dont know the kids

Joe Escalante: Nothing serious is going to be accomplished without the services of an experienced Family Law Attorney. However, this is going to put him further behind in his child support efforts.

Karen: What do i need 4 a divorce

Joe Escalante: Read this. If you guys agree on how to split the assets, you could use Legalzoom’s divorce services. If not, you probably need to hire a divorce attorney. Read this book for some excellent info.

Ronnie: Joe…My question is..If you are suing Fannie Mae over wrong doing, Do you have to sue them as a Gov. enity or as a private co., there seems to be An argument if they are the gov. or not ?

Joe Escalante: That is an excellent question. If you sue the government in my state you have to file some B.S. preliminary paperwork. The surest way would be to file the lawsuit and see how they respond. But since you might get screwed taking this kind of litigation advice from me, you really need to consult with a litigator who has sued Fannie Mae before.

Tippy: Do you think there needs to be a revision to Art. VI, §15

Joe Escalante: Of what, the Boy Scout Manual?

Chris: My sister recently died (intestate) in Wyoming. Her husband filed a “small estate affidavit” in Wyoming to gain title to her property there. Does he need to file another one in Oregon to gain title to her interest in a piece of property here.
The deed just mentions that if any party to it dies intestate that ownership passes along according to Oregon rules of inheritance.

Joe Escalante: The Oregon property, according to your facts, have passed to your brother in law. However, the county recorder’s office will decide what they require to have your sister’s name removed from the deed.

Karin: My ex husband hasn’t been paying support, hasn’t been doing his visitation with my son. Says he can live without a son. How can I compel him to pay support n step up to be dad? What is the court process? Why does it take so long?

Joe Escalante: If he’s in violation of a court order, you petition the court to hold him in contempt of that court order. That’s the process. It’s not easy, fun, or quick, but that’s the process.

LegalZoom: Attorney Joe Escalante will be back next week to answer more legal questions! Come join us then and have a great weekend!

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August 9th, 2012 at 10:20 am