A friend and I had an argument disputing whether or not a juvenile can be searched by police without parental consent. My understanding is as follows: A search, under most circumstances, requires probable cause or a warrant. Also, students may be searched in a school setting under reasonable suspicion. However, with probable cause, a peace officer may search a minor without first getting consent from the parent. A peace officer may also question a minor without consent. The minor still has the right to refuse […]
Newton’s Legal Eagle
What are the advantages of an LLC?
I own a small family business. Because of what we sell, I have recently worried about being sued. A family friend suggested that I form an LLC. What are the advantages of an LLC? A limited liability company, or LLC, is a unique type of business formation with many benefits. An LLC consists of one or more members and exists as an entity distinct from its members. For example, an LLC can hold property in its own name and sue or be sued. Profits and […]
Can she restore parent rights?
A few years ago my niece gave her three kids up for adoption. Her kids had originally been taken out of her home because of concerns of drug use and the cleanliness of her home I believe. She has since changed her life and wants her kids back. What are the chances of her reversing her voluntary relinquishment of parental rights? She says she didn’t really understand everything when this happened and felt pressured to do it. It is generally very difficult to set aside […]
I Don’t Trust the Executor of my Grandfather’s Estate
My grandfather recently passed away. I believe he had a will and my aunt is the executor of the estate and is handling everything. I don’t trust her and my family is worried that she won’t fairly distribute the assets. What can we do? The answer to your question depends on several factors including how your grandfather’s assets were titled, whether a will exists and, if so, whether it has been filed with the court. If no will actually exists, your grandfather’s property would pass […]
Do they have to pay me while I am at the conference?
My question concerns an HR problem: I was required to travel from Newton to a work conference, 250 miles away. The conference did not start until the following day. The supervisor needed to be there a day early. The offer was made three times, for separate, independent travel, but it was not considered a good option by the supervisor. The question is: what is the legal compensation due for: 1) that first day of travel & waiting; 2) for the following 2 days of conference; […]