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Alaemon posted:Tell that to Laius. quote:Many of Laius's descendants met with ill fortune, but whether this was because he violated the laws of hospitality and marriage by carrying off his host's son and raping him, or because he ignored the oracle's warning not to have children, or some combination of these, is not clear. Another theory is that the entire line of Cadmus was cursed, either by Ares, when Cadmus killed his serpent, or else by Hephaestus, who resented the fact that Cadmus married Harmonia, the daughter of Ares and Aphrodite, Hephaestus's straying wife. Certainly many of Cadmus's descendants had tragic ends. Lauis was a dick and clearly founded a cursed lineage as a result of being a dick, so if his case is analogous to this one, the kid and his dad are both hosed anyway.
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Apr 30, 2010 20:50
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Does anyone know the maximum time an insurance company can wait before paying out on a claim? A California driver woman hit me (A NY driver) in New Jersey in the rear, due to Jersey law she was automatically at fault for driving too closely (per the police statement). An insurance adjuster from her insurance company has already claimed my car is totaled. I contacted their insurance to find out when the earliest is we can close out this claim and I can get paid for my loss. They told me they have tried leaving voicemails for the lady who hit me but she is not returning calls, they have to give their insured 1 month to call them back and then the claim can be defaulted in my favor? What part of this is bullshit? Waiting a month to get paid out for my loss because someone refuses to answer a phone is cutting into my person financials as I had to purchase a new car in cash from my savings. This is the last e-mail I got: "I have to give her at the very least a month. I just tried her again and left another message. Hopefully she will get back with me next week. I will give you a call as soon as I hear from her. "
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Apr 30, 2010 22:50
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To put it in perspective, the time to file suit for a tort claim is typically 2-3 years depending on the state. While I'm not familiar with NJ law, in Texas insurance companies often offer a rental car when waiting for repairs / total loss payment, or at the least, a "loss of use" per diem amount for that period. Wouldn't hurt to ask. The deal with a month sounds like its either contractual or company policy on their part. Regardless, you could always use your insurance and just let them subrogate against the at-fault party (assuming you have appropriate coverage).
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Apr 30, 2010 23:24
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I don't have the appropriate insurance to have them go after her company for me, I would have needed collision. Guess I'm going to deal with waiting
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May 1, 2010 00:27
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I hope someone can at least point me in the right direction to find info about this. I don't know much about work laws or where to find info. I live in the Raleigh area of NC for reference. My husband and I got laid off yesterday. The first thing in the chain of events to us being laid off? Our paychecks didn't deposit at midnight early Friday morning like they were suppose to. They brought us all into a meeting and told us they're laying off 80% of the company. They then gave us a check for 33% of what they owed us for that paycheck that was suppose to go in last night. They then promised that *sometime* we'll get paid the rest of our paycheck. I need to know how legal this is, if there's a time limit, etc. Is there any way we can get our vacation time? Both my husband and I had 20 vacation days each. The extra kick in the nuts? The company had been crunching 70+ hours these past several weeks. We also didn't realize it until we got home that our 33% paycheck wasn't signed by the company (its also post dated till Tuesday!) so we have to go back down Monday morning and get it signed. This absolutely blind sided everyone. Everything was actually looking like the company was going stronger by the day.
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May 1, 2010 12:23
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Alterian posted:
This probably varies by state, so listen to a real lawyer over me, but in Colorado, if you are fired or laid off, they need to pay you in full that day. If they don't, you can fight for something like 2-3x what they owe. They probably don't owe you poo poo for your vacation time, though. Since they laid off 80% of the staff, though, they might not have much left to give. You might be getting your last paycheck in the form of meeting room chairs and fax machines.
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May 1, 2010 18:38
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Alterian posted:about work laws or where to find info. § 95-25.7. Payment to separated employees. Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if requested by the employee. upon separation you should get all wages due to you by the next payday § 95-25.2. Definitions. In this Article, unless the context otherwise requires: (16) "Wage" paid to an employee means compensation for labor or services rendered by an employee whether determined on a time, task, piece, job, day, commission, or other basis of calculation, and the reasonable cost as determined by the Commissioner of furnishing employees with board, lodging, or other facilities. For the purposes of G.S. 95-25.6 through G.S. 95-25.13 "wage" includes sick pay,vacation pay, severance pay, commissions, bonuses, and other amounts promised when the employer has a policy or a practice of making such payments. "wages" includes vacation pay § 95-25.12. Vacation pay. No employer is required to provide vacation pay plans for employees. However, if an employer provides these promised benefits for employees, the employer shall give all vacation time off or payment in lieu of time off in accordance with the company policy or practice. Employees shall be notified in accordance with G.S. 95-25.13 of any policy or practice which requires or results in loss or forfeiture of vacation time or pay. Employees not so notified are not subject to such loss or forfeiture. if a company gives vacation pay, they are required to give it to you or pay you for it, unless there is a company policy that allows for forfeiting vacation pay. From: http://www.nclabor.com/wh/Wage_Hour_Act_Packet.pdf NC Dept. of Labor: http://www.nclabor.com/index.htm For NC wage complaints: http://www.nclabor.com/wh/fact%20sheets/wagecomplaint.htm
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May 1, 2010 19:38
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Thanks. I'll be sending this around to my former colleagues. Another question: What if they don't pay?
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May 1, 2010 19:56
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Alterian posted:Thanks. I'll be sending this around to my former colleagues. Well, if they don't have any assets, I guess you get to get in line as one of their creditors in their bankruptcy
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May 1, 2010 19:57
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Alchenar posted:Usually expunging a record means that they won't show up on external record checks, the police and the courts will still be able to see it. quote:(A) If the court orders the records of a person sealed pursuant to section 2151.356 of the Revised Code, the person who is subject of the order properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter, Source: http://codes.ohio.gov/orc/2151.357
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May 2, 2010 03:48
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Sepist posted:What part of this is bullshit? Waiting a month to get paid out for my loss because someone refuses to answer a phone is cutting into my person financials as I had to purchase a new car in cash from my savings. Why didn't you just get a rental car until this was all resolved? If your car is totaled due to her 100% fault, and her insurance hasn't settled the issue, you should be driving a rental car on their dime. Contact your states Insurance Commissioner if you believe they are treating you unfairly. Or, just tell her insurance company you will be getting a rental car and that cost will be part of any settlement. Either way should kick them into gear if they are stalling.
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May 2, 2010 08:26
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If a friend of mine is really bad with money and just wants someone to take care of everything for him, can I do that legally? I'm talking about setting up autopay or paying his bills on time every month and such?
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May 2, 2010 13:52
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dvgrhl posted:Why didn't you just get a rental car until this was all resolved? If your car is totaled due to her 100% fault, and her insurance hasn't settled the issue, you should be driving a rental car on their dime. Contact your states Insurance Commissioner if you believe they are treating you unfairly. Or, just tell her insurance company you will be getting a rental car and that cost will be part of any settlement. Either way should kick them into gear if they are stalling. I didn't get her insurance info at the accident (she didn't want to talk to us) and the officer told me to get it from the police report, which I had to mail away to get. It took me 2 weeks to get the police report, the insurance would have contended that they won't cover the time between the accident and the claim being opened. This makes sense as you can sit on a claim, so you could technically drive around with a rental for a year before claiming your accident and then having them pay you for the rental fee. To be honest I love my new car so much I don't really care about the whole paying out of pocket thing, but I would like to replenish my savings account some time soon before anything else happens.
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May 2, 2010 15:47
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Pillowpants posted:If a friend of mine is really bad with money and just wants someone to take care of everything for him, can I do that legally? If your friend wants you to manage his finances for him, you can do that of course. You would essentially be an unpaid financial manager or somesuch. In order to be successful in managing his affairs, you need access to his account statements, and you need the ability to make payments on his behalf. You can do that with just his verbal authorization but the banks won't cooperate with that. You could have him execute a power of attorney which grants you the power of attorney with regards to his financial assets. That's probably the way to go. Another option, which requires less paperwork, would be for him to add you to his bank accounts, so that you can write checks on them. This approach has a drawback, however, in that you could take his money and run (and if he added you onto an account so that you had access, that is potentially a taxable gift which is no good). Short answer: yes you can do this. The answer is a valid power of attorney. If he wants to do this, go find a lawyer to draft one. It shouldn't be too costly.
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May 2, 2010 16:25
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entris posted:If your friend wants you to manage his finances for him, you can do that of course. You would essentially be an unpaid financial manager or somesuch. Could I charge him for it or is that venturing into across line into the financial adviser world? He's offering me $20 a month to help him.
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May 2, 2010 16:40
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Sepist posted:I didn't get her insurance info at the accident (she didn't want to talk to us) and the officer told me to get it from the police report, which I had to mail away to get. It took me 2 weeks to get the police report, the insurance would have contended that they won't cover the time between the accident and the claim being opened. This makes sense as you can sit on a claim, so you could technically drive around with a rental for a year before claiming your accident and then having them pay you for the rental fee. I know it's not an issue now for you, but they most certainly would still have had to cover the rental car cost. Either way though, you're not going to be able to speed things up based on the argument of it cutting in to your personal financial savings due to you purchasing a car prior to settlement. The rental car issue actually took away incentive for them to resolve this more quickly then they have to as they aren't paying each day for your rental vehicle. Of course they can't just indefinitely sit on this, but it seems like they are being open with you about the process and time line, and one month seems reasonable to me. But, if you really feel they aren't handling this properly, a letter to your state's Insurance Commissioner will at least force them to respond to your complaint. I had a similar situation where the insurance company wasn't resolving things with me from an accident, and it was literally the next day from when they got the Insurance Commissioner's inquiry that they responded "This has been resolved" and settled with me. In my case though, it had been over 4 months. It costs you nothing to write the letter, but just be sure you have a valid complaint against them. I would say you need to wait for the one month time period to expire and see if they proceed as they have told you they would. If they do, then great and you get things resolved. If they don't, write that letter to the Insurance Commissioner. And be sure to save these e-mail correspondences with them, and take good notes with dates and times for any phone conversations. You'll want to include those if you have to write the letter. Car accidents suck no matter how quickly they are resolved, and it's really good you had savings in place to get a new vehicle prior to settlement. Most people couldn't do that.
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May 2, 2010 18:09
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Pillowpants posted:Could I charge him for it or is that venturing into across line into the financial adviser world? He's offering me $20 a month to help him. Is this a friend or someone who you're trying to help through the budgeting service that you've been advertising in SAMart?
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May 2, 2010 19:33
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Recently I've been wondering what the basic rules of thumb are for a civil case in most places. So far I've figured out: -You don't have a right to a speedy trial -The defendant becomes the one who needs to show the burden of proof -The burden of proof is 99% of the time, "Preponderance of the Evidence" instead of "Beyond a Reasonable Doubt" ...and this is maybe not the case in other states, but in Illinois it seems 100% true: -The judge, DA, and police that show up are very good buddies and when you show up to court there's already a bias First off, am I mostly correct? Are there any other things to add to the list that I don't know about and should be prepared for? This is why I ask... I went to court recently to take care of a "following too close" ticket and had all my evidence(braking distances, vehicle slowing in front of me which I didn't hit...he was driving erratically) but they still insisted I couldn't argue my case then and it had to be rescheduled and that I was only there that day to enter my plea. Now I get a letter in the mail saying "you were scheduled to appear in court on the 23rd day of April, 2010 at 10:30 A.M"...which I was. Then they say "Due to the request for a continuance for trial, the case has been continued to Friday, the 21st day of may, 2010 at 10:30 A.M." I did NOT request a continuance and I specifically said that I was ready for my case and if the prosecution wasn't, that I thought they had to dismiss the charges... I understand that they could turn around and say that it was the judges request or something, but my dealings with courts in the past have always had clear wording and something like this sounds like they're saying I chose to delay things.
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May 2, 2010 20:43
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PoOKiE! posted:Recently I've been wondering what the basic rules of thumb are for a civil case in most places. So far I've figured out: It's a traffic ticket, most of the time you will lose on it. Ask for court supervision if it's an option.
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May 2, 2010 21:05
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Incredulous Red posted:Is this a friend or someone who you're trying to help through the budgeting service that you've been advertising in SAMart? A friend. I wouldn't do this for people I've never met because I'd fear getting accused of stealing money.
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May 2, 2010 23:10
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Incredulous Red posted:It's a traffic ticket, most of the time you will lose on it. Ask for court supervision if it's an option. I would try traffic school under normal circumstances, but I am fighting this one on principle because a month after I lost my job and two weeks before I was supposed to go on a multi-state trip out west to see old friends and find my next career path, I was charged with a DUI when I was sleeping in my car on a lot that was private property and was going to get breakfast at the diner across the street when I woke up in the morning. I spent the last 6 months researching and finding out that people have been convicted for the same thing all across the country and eventually agreed to a plea against my better judgement and paid $7,000+ which I worked to save for more than a year so I would be able to take that trip. I can't believe I haven't seen massive raids at tailgating parties or camp sites or ANY public information on this issue. Part of the plea was for a year of supervision, but then I happened to get this ticket that is extremely vague and has no real validity since the cop was 2 cars behind me in the same lane and was "following too close" to the car behind me in order to peak around him and try to see what was going on up ahead. My car was only going 35mph behind an older van that weighs almost double of my 81 VW Rabbit and was driving varying in speed by as much as 8mph lower when he was already maintaining 10mph under the limit in the left lane. I rarely use my brakes since it's a diesel with a manual tranny and engine braking is what I do when adapting to traffic so I don't bunch up people behind me by braking abruptly and erratically. It has worked to save me from getting rear-ended many times and I have never come close to rear-ending anyone, even in the worst icy weather since I use snow tires and maintain my cars monthly. I drive mostly like a law following robot and signal every single lane change as well as let people merge without causing a fuss. I always stay aware of my surroundings and could tell you what lanes are open, where I should go in case of a left lane emergency, a right lane emergency, a blowout, etc. I pass people on the left and get out of the left lanes the moment the right lane is clear. The only things I do that could be considered ticketable are going more than 5mph over sometimes or taking turns at the speed limit instead of slowing down some like some states advise. There is no definition of "too close" because it depends on driver capabilities, weather, condition of vehicle, whether I was covering the brake or gas, condition of the roadway, etc. I do respect your opinion, and if I had not had "the incident" in Oct09, I definitely would think seriously about traffic school even though it really irks me to pay in any way for "violations" that are so open-ended since it just gives them more undeserved credibility. If I let this go, then the much more serious issue I gave up on because of bleeding money, the DUI charge, might come back since I was 4 months into the 1yr supervision at the time 
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May 3, 2010 05:45
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PoOKiE! posted:I realize people might see this as whiny or not taking blame, but I assure you I have heard all the criticisms and doubt from family, friends, coworkers, etc, when I was deep into my first court case in Dec09. Please try to assume I am not a poo poo-head please. Considering that your DUI might come back, I'd seriously suggest getting a lawyer.
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May 3, 2010 05:49
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PoOKiE! posted:stuff E: nevermind again. misread your post. Lawyer up anyway. Surly fucked around with this message at 06:36 on May 3, 2010 |
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May 3, 2010 06:08
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Anybody know anything about the USERRA? I've got myself in a bit of a pickle. I'm a public school teacher at a charter school in Baton Rouge, Louisiana. In January, I informed my principal that I have submitted an application to the United States Marine Corps to attend Officer Candidates School in October. I decided that instead of starting another school year, only to gently caress my kids over by leaving two months into the school year, I'd do the right thing and let them find someone else to take over for next year. Problem is, my administration has decided that they wanna be vindictive fucktards. I just received word that they're planning on firing me three weeks before the end of the school year for "performance issues," even though they have not specified what "performance issues" I have, or asked me to correct said "performance issues." I have received absolutely no written or verbal warnings about my performance, so they're basically trying to fire me so that they don't have to pay me for the last three weeks of school, or the summer. Obviously, this pisses me off. I've done a bit of research on the USERRA. I'm obviously no lawyer, but this part at least seems relevant to my situation: USERRA posted:(a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation. I'm not currently a member of the armed forces, but I have applied for OCS and informed my employer of my application. Given that he can't produce any written warnings as cause for my termination, I can't really think of anything else that would motivate him to give me the boot. Thoughts? What should be my next step? B B fucked around with this message at 06:20 on May 3, 2010 |
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May 3, 2010 06:17
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PoOKiE! posted:I do respect your opinion, and if I had not had "the incident" in Oct09, I definitely would think seriously about traffic school even though it really irks me to pay in any way for "violations" that are so open-ended since it just gives them more undeserved credibility. If I let this go, then the much more serious issue I gave up on because of bleeding money, the DUI charge, might come back since I was 4 months into the 1yr supervision at the time NOW This post is legal advice from a real actual criminal defense lawyer. If something could violate criminal probation (or parole), you need a drat lawyer yesterday even if it is just a traffic ticket.
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May 3, 2010 06:18
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B B posted:Anybody know anything about the USERRA? I've got myself in a bit of a pickle. I'm a public school teacher at a charter school in Baton Rouge, Louisiana. In January, I informed my principal that I have submitted an application to the United States Marine Corps to attend Officer Candidates School in October. I decided that instead of starting another school year, only to gently caress my kids over by leaving two months into the school year, I'd do the right thing and let them find someone else to take over for next year. I don't know how your school district works, but were you under contract? Were you considered an independent contractor? Surly fucked around with this message at 06:40 on May 3, 2010 |
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May 3, 2010 06:35
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B B posted:Anybody know anything about the USERRA? I've got myself in a bit of a pickle. I'm a public school teacher at a charter school in Baton Rouge, Louisiana. In January, I informed my principal that I have submitted an application to the United States Marine Corps to attend Officer Candidates School in October. I decided that instead of starting another school year, only to gently caress my kids over by leaving two months into the school year, I'd do the right thing and let them find someone else to take over for next year. Talk to your union rep?
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May 3, 2010 06:36
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Incredulous Red posted:Talk to your union rep? Charter schools typically aren't unionized (which is why conservatives love "school choice" so much).
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May 3, 2010 11:05
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nm posted:LAWYER LAWYER LAWYER Thanks for expressing firsthand experience of how serious this could become. I've heard so many different opinions from anyone I mention it to that I was just keeping to myself on this one. I guess I was thinking if I lost this civil case, it might not revoke my supervision, but if it did, I could challenge it at that time. I notified my original lawyer earlier in the month that I would let him know if they decided not to work with me after the first court date. So he's expecting a call and I guess I will be calling him this week for some extra advice or to negotiate a preferred customer rate of some sort. The problem I have with that is even though I respect him greatly from him helping me about 10yrs ago, I pretty much did all the research and arguing of the case for the $3000+ I had to pay him and he just basically filed the right papers. I was the one finding tax zone maps to prove the private property claim and accurately overlaid them over satellite photos, etc. I found court cases and had quotes from IL Court of Appeals that proved "actual physical control" should be interpreted differently depending on the facts of the case, but I was assured the judge would issue jury instructions stating that the jury wouldn't be able to dispute the meaning of "actual physical control". Since they wouldn't be able to, I figured I would definitely be found guilty. Months later I have learned there might be more flexibility and maybe jury nullification for situations such as that. I just feel that I'm going to need to know all this stuff because I keep getting dicked around by the system because I didn't understand it. When the DA called the arresting officer to verify what part of the parking lot I was in, she guessed completely on the opposite side and I had pictures proving otherwise. Nobody knew what was really going on except for me and it was incredibly frustrating...  If someone could answer or help me answer this ONE question, I think that's all I need to know my direction on this whole mess: It has been almost 6 months since my plea and after a couple months of de-stressing and trying to make some quick cash with my newfound freedom, I noticed something potentially in conflict with the whole "deal" they offered me. I was able to keep my license because I found proof that I was on private property. The petition to rescind the summary suspension was signed by the Judge. It clearly states my license should be reinstated since I was not on a public highway. Before that signed agreement, the DA insisted that they had authority to patrol the parking lot and bother me when I was lawfully parked because the city maintained the lot and the public had access to it making it the same as a "highway". How can one paper negate the officer's and DA's statements, yet somehow that same fact doesn't hold up for our initial motion to quash arrest? How is that ok from a legal standpoint and can I even do anything about it now?
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May 3, 2010 11:18
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Where are Traffic Offences civil cases?
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May 3, 2010 11:41
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Pillowpants posted:Could I charge him for it or is that venturing into across line into the financial adviser world? He's offering me $20 a month to help him. You could charge your friend, yes. That would be a separate contract from the power of attorney that he would execute. I don't know about your jurisdiction's laws, but in many states, if you are a power of attorney you have an agent's duties that you must perform. This means that if you do anything wonky with the money, your friend can sue you for breaching your duties. The power of attorney would list all of the things that you are authorized to do on behalf of your friend, and this list of powers needs to be carefully tailored so I recommend having an attorney draft this. Or, of course, your friend could just grow up and learn how to set up autopay on his bills and whatnot. Here is your takeaway: since this involves the control of someone else's money, you better make sure that the arrangement is structured in the right way. If your friend decides that he doesn't like you handling his money anymore, he could make life very bad for you if you don't have some sort of arrangement in place. From his perspective, he needs a formal arrangement to protect him as well, because otherwise he could get screwed by you. Any time you have Party A managing money for Party B, you have to be careful because people can get really uptight about their money. It's not a casual thing for you to just access his bank accounts and manage his financial affairs. Also, $20 a month is ridiculously low for this kind of service in my opinion.
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May 3, 2010 13:35
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Alchenar posted:Where are Traffic Offences civil cases? Lots of places that don't spell "offense" with a "c." In Florida, for example, most traffic tickets (notable exceptions: DUI, knowingly driving on a suspended license) are administrative or civil in nature. That is, you don't face jail time and you pay the tickets so that the DMV doesn't suspend your driving privileges. Other states, however (Virginia and Texas come to mind), treat traffic tickets as criminal matters. I don't know where PoOkiE! is having his troubles, but I agree: he needs a lawyer, stat.
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May 3, 2010 17:47
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PoOKiE! posted:If someone could answer or help me answer this ONE question, I think that's all I need to know my direction on this whole mess: Wait, this is what the Illinois DUI factsheet says: quote:A driver may request a judicial hearing to challenge a statutory summary suspen- So, were you acquitted of the DUI or not?
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May 3, 2010 20:25
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Incredulous Red posted:Wait, this is what the Illinois DUI factsheet says: Well since the "summary suspension" is a separate and automatic thing, those are the rules for that. Apparently they decided I met the legal requirements to not have my license suspended but for the separate criminal charge of DUI, I didn't. I think this explains it best: quote:When someone is arrested for a DUI in Illinois, it is actually the beginning of two cases. There is a criminal case and a civil case.
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May 3, 2010 21:12
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My non-goon friend is on a two year probation sentence (Connecticut) for what started as a felony restraining order violation but was pleaded down to a lesser misdemeanor charge in the same ballpark along with a breach of peace charge. She has plans to vacation in Hawaii and asked her probation officer for permission to travel today and he denied her because she failed a drug test (for marijuana) back in January. Drug use is not an explicit court ordered term of her probation and she is not on court ordered random drug tests. She already bought the ticket and has the vacation scheduled. She is intending to go anyways and is wondering on her chances of violating. She's guessing (as am I) that the only way she would have any trouble is if she got arrested in Hawaii. But now she's wondering if she gets pulled over or something for a traffic stop if the cop would be able to tell? Or if there's any screening at the airport? Personally, I was on non-reporting probation a few years back. I left the state a few times; the first time I got the official OK, but subsequent times I just left. It was never for a full vacation, usually just a day or weekend trip a state over. I never ran into any problems, but I don't know if there's a difference when your on non-reporting vs reporting probation. Any input is appreciated.
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May 3, 2010 23:07
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dMastri posted:My non-goon friend is on a two year probation sentence (Connecticut) for what started as a felony restraining order violation but was pleaded down to a lesser misdemeanor charge in the same ballpark along with a breach of peace charge. She has plans to vacation in Hawaii and asked her probation officer for permission to travel today and he denied her because she failed a drug test (for marijuana) back in January. Drug use is not an explicit court ordered term of her probation and she is not on court ordered random drug tests.
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May 3, 2010 23:24
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Surly posted:Do you really need a legal expert to tell you why this could potentially be disastrous for your friend? This. dMastri, your question is a technical question, along the lines of "What are the chances she'll get caught?" As lawyers, we don't know the answer to that question, but we are typically a very risk-adverse group, so to us it does not seem like a smart thing to do. To me, at least, but I'd be surprised to hear an attorney suggest that she go ahead and take the trip. I think the real question is what sort of person is your friend that she would be on a probation and decide to buy a plane ticket in clear violation of her probation? I suspect that she has a lot more trouble coming down the road at her.
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May 4, 2010 00:23
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Oh, I understand the potential disaster waiting to happen. I told her not to go, but she's fairly confident she won't get caught. But that's based on the assumption she needs to be arrested to get caught. I was hoping I could present her with more insight. To clarify, at last month's probation, her officer was out and an intern took her. She asked the intern who told her to "put together an itinerary and show it to them next time" to get approved. She thought this meant she was good to go and got her ticket. At this point, she doesn't want to miss her only chance to go to Hawaii and doesn't want to lose the money in fees to return the ticket. She didn't think about the failed drug test from January because she's had several meetings with her officer since then and he's never mentioned it until she asked to travel. But I agree, if it were me, I wouldn't go. If she does violate, does that nullify her plea and reinstate the original charges? She was originally looking at the felony violation of the restraining order that came with some jail time and would make her a felon.
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May 4, 2010 00:37
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dMastri posted:Oh, I understand the potential disaster waiting to happen. I told her not to go, but she's fairly confident she won't get caught. But that's based on the assumption she needs to be arrested to get caught. I was hoping I could present her with more insight. If she gets pulled over for a traffic violation, the agency that pulls her over is going to run her info and she'll likely be tagged. This is where it goes into "it depends" territory, but she'll likely face reinstatement of her previous charge as well as VOP tacked onto that. As entris said, there wouldn't be a person in the profession to recommend that she go. If you were seeking any semblance of legal advice regarding your friend's actions, the universal response would be "You are retarded for even thinking of doing this." Surly fucked around with this message at 01:09 on May 4, 2010 |
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May 4, 2010 00:57
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dMastri posted:Oh, I understand the potential disaster waiting to happen. I told her not to go, but she's fairly confident she won't get caught. But that's based on the assumption she needs to be arrested to get caught. I was hoping I could present her with more insight. If she were good at not getting caught, she wouldn't be on probation. And she wouldn't have one PV to her name already. (As an aside, even if it doesn't say "no drugs" specifically, every parolee I've ever seen has been instructed not to violate the law of any unit of government, so I don't see that she's in the clear on that front.) As to the other part, the answer is that classic legal response: "it depends." Without knowing everything going into that sentence, it's impossible to say. She's lucky her PO didn't do anything with the failed drug test (PO should have -- that's the "swift and certain" part of sentencing). Now she wants to push that luck again, and over the cost of a plane ticket. But, hey, her efforts to dodge the law have worked out so splendidly in the past, surely this time she'll get away clean.
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May 4, 2010 01:03
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