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Legal Eaze
By: Maxine de Villefranche Tehachapi News Columnist

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Posted by editor Mon Mar 3, 2008 12:30:31 PST
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This is a re-visitation of my last column with regards to the question about how one can smoke medical marijuana in one's apartment without incurring the wrath of the landlord or neighbors. I received a very instructive email from an enlightened reader who suggested that a person with a prescription for medical marijuana find another method of getting it into his/her system, i.e. nebulizer, cookies, brownies, honey, breath strips and even ointments would not only be excellent alternate methods, but in fact healthier. A reputable marijuana dispensary would probably carry all of the above-mentioned products.

Q: What should I know in order to win my Small Claims Court case?

A: Get to court on time, or even a little early. Have your case and evidence organized. The story of your case should be told in a chronological order, and your argument should be short and concise. Have your documentation in triplicate (one for the judge, one for opposing party and the last one for you to refer to). Use a highlighter to draw attention to relevant portions of your documents. Dress and behave appropriately. Practice your argument (practice makes perfect). Bring a witness willing to testify on your behalf. A live witness is better than a signed statement by that witness. It is difficult to cross-examine a written statement. Wait until the judge tells you it's your turn to speak. Do not interrupt the other party. You will be given an opportunity to respond, just be patient. Be reasonable. Judges have to listen to many people who think they are right all day long. Being reasonable will make you stand out, and eventually might win the judge's favor, and by the same token, your case.

Q: I am hesitant to file my taxes because I owe money and I can't pay it right now. Should I withhold from filing my taxes until I have the money to pay?

A. No, file your tax return or extension on time, even if you do not have the money to pay the taxes due. The penalty for failure to file your return on time is 5 percent of the amount owed for each month the return is late to a maximum of 25 percent. Save yourself a significant amount of money by simply filing your return on time. You can negotiate a payment plan to pay your taxes over several months, or make an Offer in Compromise. This is when you pay a lump sum to the IRS to resolve all outstanding taxes owed. This occurs when you are simply unable to pay back taxes. Such an offer can be made for a percentage of what you owe. Procrastination can only result in penalties and interest being assessed against you.

Maxine de Villefranche has been an attorney for 15 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or email maxinedev@msn.com. She will answer your questions to the best of her abilities.

 

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