Many judges won't evict when the tenant doesn't have a history of breaking the law and the illegal act is relatively minor especially if marijuana is legal under state law. If you plan to smoke in your unit, it's best to find out the smoking policies before you sign a lease or rental agreement. If a landlord tells you that you'll be able to smoke in your unit, make sure you get that statement in writing.
Otherwise, don't enter into a lease or rental agreement knowing that you're going to violate the no-smoking rule. Hold out for a rental that meets your needs—the risk of legal hassles or even eviction just isn't worth it. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Grow Your Legal Practice. Meet the Editors. Federal, state, and local laws, as well as your lease or rental agreement, can restrict or ban smoking in a rental unit. Federal Smoking Laws The federal government has the power to regulate almost any substance you might consider smoking, including tobacco and controlled substances such as marijuana. Department of Housing and Urban Development HUD requires all public housing agencies PHAs to prohibit certain tobacco products: in all indoor areas including individual units and all outdoor areas within 25 feet of a building.
State and Local Smoking Laws States and cities have the power to pass laws and ordinances that protect the health and safety of the public. Landlords Have the Right to Restrict Smoking Even when there's no applicable anti-smoking law, landlords can limit or prohibit smoking anywhere on the rental premises, including individual units.
Landlords might also prohibit smoking to avoid lawsuits—tenants have sued landlords who allow smoking on various legal grounds, such as: nuisance for example, odors from smoking annoy other tenants and breach of the duty to keep the rental habitable for example, units subject to secondhand smoke being uninhabitable because of health concerns. Can a Landlord Evict a Tenant for Smoking? Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select The first thing that you should do is have a conversation with your roommate s and make it clear that you do not agree with their lifestyle habit that violates school policy.
The second thing you can do while having that conversation is suggesting that they do not break any laws in your shared living space, regardless of whether or not you are present. If the violators commit the illegal act outside of your dorm the issue is out of your hands.
However, if they are caught by campus police , they may be able to access your dorm to complete a full search of any potential violations including possession of marijuana for example. The third thing to do is make sure that you are living in the exact living space assigned to you through housing. If your roommate s possesses marijuana in the dorm room , make sure that he or she knows to keep it in their assigned living space as well.
Most likely, if a room check is used, those who administer it will know whose space they are searching. However, if it is the case that the violation of marijuana possession is found in a shared living space i. In that case, if the police are involved, request a drug test, which will make it clear who is the one in violation based on the marijuana being in their system and not yours. That seems to be an accurate statement from your explanation, and there is nothing at all to be gained for either of you by your expressing what really sounds like very mild suspicion.
If you can, it would be a good idea to take notes in the meeting or, at least, right afterwards. While you will want to be very calm and polite in the meeting, if their decision goes the wrong way, you must have some way to appeal or make a claim. Good luck! Continue to be honest and perhaps sharing the drug test your parents administered and your medical condition that precludes you from using drugs or alcohol will help.
Can your parents be there with you at the meeting? If this goes to the level of losing your financial assistance I think your family needs to get a lawyer. I am curious what made them search the room in the first place. If your parents cannot come, is there someone like an ombudsman, someone sort of like a union rep for students at your school? Criminal defense attorneys fulfill several roles during the criminal case, and at Jarrett Maillet J.
No matter the occasion that you are celebrating with family and friends, you never want the evening to end with a DUI. And we are sure you would never want to end up sitting in a patrol car with your final destination being a jail cell over an Uber or Lyft ride that would leave you a few feet from your front door or hotel entrance after a fun night on River Street in downtown Savannah. At the law offices of Jarrett Maillet J. And do you know what they all have in common?
Each of their evenings have ended the same way - with a DUI charge. Fortunately, with years of experience handling many DUI cases, our Savannah DUI defense attorneys have seen it all and are prepared to take on even the most challenging of cases. Everyone makes mistakes, but when a mistake causes you to actually break the law, you may be subject to charges. DUI cases are becoming more and more common and if you have had a DUI charge you need to hire an attorney.
DUI Lawyers are essential to getting a fair and well managed trial and if you think you will just go it alone in this instance, it is safe to say that is an unwise decision. It is a nice thought to think we live in a utopian society in which everyone gets along and nothing is ever out of place. Unfortunately, that is not the case. People do mess up, break the law, and at times, are falsely accused of a crime. It is up to our legal system to sort out the problems and make proper judgements for parties involved.
When you are faced with a court case, you need to hire the best criminal defense lawyer in Savannah, Ga. When to Hire a Defense Lawyer From minor court cases to larger ones, it is always recommended that you hire a good defense lawyer. Sometimes people get caught up in the gravity of their defense and believe that their case is too small to warrant the expense of hiring a lawyer, but how can you really place a price on your freedom?
Our justice system is set up to provide a fair trial to everyone involved, but unfortunately, without proper representation, things do not always work out in our favor. Hiring an excellent defense lawyer way is a step that should never be missed no matter how small or large your case seems to be.
Professionals are Necessary When your car begins making noises or notification lights come on indicating there is an internal issue, you do not take it to the local salon in hopes of finding a qualified mechanic. The same notion should be used in your defense. Where it is true that you are allowed, according to law, to represent yourself in most cases, it is not recommended.
You might be the best in your chosen field, but if you have yet to pass the bar exam and become a licensed lawyer , you likely do not know the ins and outs of the legal process. Few people actually become career criminals and may only set foot in a courtroom once in their life. Your life ifs far too important to go it alone. You need a professional with expert knowledge to get the job done right. Time is Not your Friend When you are charged with a crime, time is not your friend.
It will not simply blow over and go away. You must act and act fast to ensure you are treated appropriately throughout the proceedings. The prosecution will work to get your case to court as fast as possible and negotiations for plea deals and filings for evidence discoveries must be completed quickly.
A professional lawyer has the experience and know how to get it done fast and correctly to help you get the justice you deserve. It happens all the time and is one of the things most people expect when they are arrested. However, the Maranda rights are in place for a reason and they plainly tell you that you have the right to remain silent. Maintain that right until you can acquire a defense lawyer.
Anything can and will be used against you in a court of law, according to these rights and this is something you should take very seriously. Questionings are placed to implicate the accused and things that you say can have dire affects on your case during court proceedings. Even the smallest of implications or slip of the tongue can put your case, and your freedom in danger.
Tricks and schemes are everywhere in the justice system to implicate criminals, even if no crime was ever committed by the accused. A defense lawyer in place during questioning will ensure that you will have an expert available to stop you from making any seemingly innocent, but harmful admissions. Remember, they are professionals and know the justice system well. Average citizens may not. Plea Agreements Plea agreements are in place to allow defendants to plead guilty to a crime in exchange for a lesser sentence.
This means that the case will not go to court and you will not be judged by a jury of your peers. Plea agreements can be very tricky and just as stated with Miranda rights, the slightest change or notation in the document can completely alter what you think you are signing.
With a lawyer backing you in your corner, you can rest assured to get a much better deal than going it alone. They understand what can be done with a plea agreement and can make a case for yours to get you the best deal. For those facing criminal cases with potentially long sentences attached, a plea agreement can drastically reduce your time away from the real world. Without it, you will ultimately have to face possibly, long court proceedings.
Your Rights Can Be Violated Going into a court case without a defense attorney is the quickest way to have the prosecution take full advantage of your novice mentality.
Lawyers are trained to understand your rights down to the finest detail and in case any rights may be violated during any portion of the case, your lawyer can present it to the judge for a possible mistrial in your favor.
The average Joe walking into a courtroom does not know the justice system as intimately as a lawyer and may not see that any rights were violated when in fact, they have a case for a mistrial available to them. You Need a Real Defense This may seem like a no brainer, but should be addressed.
When walking into a courtroom defenseless, simply claiming your innocence is not enough.
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