Ask the Law Guy

Ask the Law Guy

Have you got a question about:

The law?
The legal system?
A legal problem?

E-mail it to me and I'll pick the most interesting to answer here.

"Thank you very much for answering my question. I love your website!"

"We have enjoyed your web site and have gotten more information off of it than any others. (Plus I got a Kick off the pictures) .Very informative and you have explained it in the basic way for even my Redneck hubby can understand".

"Well, I feel, as many other "Jail-House Lawyers" like you did a fairly good job on my brief."

I appreciate the GOOD advice. I plan to call my probate attorney to followup.

When a man gives a woman an engagement ring & he breaks it off - is it hers to keep? She lives in N.J. & he lives in N.C.

Most states follow the rule that the engagement ring has to be returned if the engagements ends without a marriage.

Is it against the law to ask for an I.D when using a credit card?

No.

I have a seemingly dumb question to ask and I cannot locate the answer "in plain English" on the internet. I came upon your site and thought maybe you could answer me - you seem to know everything else...lol

Lets say I have used and maintained 5 feet beyond my actual property line. For example, I planted a flower garden beyond my actual property line. Now I have maintained and kept this area for years. Now, I was told by numerous people that if I can prove that I have utilized and maintained this property for more than 10 years, then it is legally mine and no longer the other individuals property to claim. Is that true? I live in the state of Connecticut, by the way. Is there actual law that states this? Federal? State? I can't see how that can be true. What is mine, I paid for, is mine. ... I cannot see that it can rightfully convert to someone else just because of time passed........That seems outrageous!

You are asking about the concept of adverse possession. Most states allow a person who has continuously used and maintained property to claim ownership of that property after a period of time usually 10 or 20 years. The use has to be open and notorious and it will not be available if the owner consented to the use by another.

Just because someone has the facts to support a claim by adverse possession does not mean that claim has to be exercised.

Adverse possession is complicated. To assert ownership of the property you would need an attorney.

I have a pretty dumb question about something I'd hate to admit is scaring me out of my mind.
I was visiting a friend when we decided to go swimming around 3 a.m. Well, we went
dipping in a swimming pool belonging to apartments her boyfriend used to live in.
But the security guard spotted us as we were about to leave and contacted the police because
we did not have IDs. But after identification, when asked what he wanted to do with us,
the security guard requested that we be put under civilian arrest for trespassing.
So here we are, two 19 year olds cited for trespassing, wondering what will happen to us.
We are to appear in court next month, and we're scared!! Isn't trespassing a criminal offense?
If so what will happen to us, to our records? Is there a difference in penalties from a person
with no criminal background, and a person who does? Does the swimming pool need a
NO TRESPASSING, VIOLATORS WILL BE PROSECUTED sign? I mean, the gates were closed, and it says the pool hours in small print, so in other words it's kind of obvious that we weren't supposed to be there at that time. But even without that sign anywhere, are we still "eligible" for citation?
What will happen to us??

Trespassing is a criminal offense.

If you are convicted you will have a criminal record.

Anyone facing the criminal charges needs to have a lawyer. The Supreme Court ruled years ago (in Gideon v. Wainwright) that a defense attorney was so critical to an accused rights, that the Constitution required a state to provide an attorney for those who cannot afford one. It amazes me how many people will decide to represent themselves in something like a trespassing or marijuana possession case. Later they find out that having a criminal record may affect employment, college admission and other activities.

Hire a lawyer. Expect to pay a reasonable fee for the lawyers services. If you cannot afford a lawyer, ask that one be appointed. If you think it is expensive to hire a lawyer, check the expense of not having one.

Important fine print

The owner/operator of this website is Bryan Gates, an attorney in Winston-Salem, N.C. E-mailing a question to a website (even a cleverly designed website) is no substitute for live, in-person contact with an attorney if you have a legal problem. In order to avoid legal troubles of my own, I cannot answer questions about the laws of states other than North Carolina. For more information about The Law Guy, check out:

www.attorneygates.com

General information

Search this site: