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Solomon Grundy posted:
quote:-If you have to serve a subpoena in a bad neighborhood, go early in the morning, wear a tie, and drive an American car. Everyone will assume that you are a police detective. These are fantastic, you have made me a better person.
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Jun 22, 2010 03:52
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RealKyleH posted:Youtube money? You also can't see my face, its just my car. You should get rid of that, or at the least not post it on the internet. But if you are going to post it on the internet, blank out your license plate. Also blank out any street signs or geographic indicators. If you are planning to make money off of the video, you should understand that theoretically someone could follow the money trail back to you. But it's a stupid idea to post it on the internet.
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Jun 27, 2010 21:56
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Tostito posted:Ok I found out the address of the court. At the top of the letter they wrote an "index number" along with a 4/9/10 date, both of which are written in ink. Is the index number the same thing as a case number? Besides that written date, there is no other mention of any other date that would suggest a court date. Is your court one of these: quote:Albany City Court IF YES, go here and search for your case. You can search by your last name, by attorney, or by index numbers. (You have to fill out a CAPTCHA form to prove you are a real human and not a spam bot.) If your court is not listed above, go here and click on your court, then look up the phone number. Call the court, ask for the clerk's office for civil lawsuits, and then tell them the index number, your last name, and see if the case is listed at the court.
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Jun 29, 2010 19:58
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Mulloy posted:Hopefully this is an easy/simple question: I literally have no idea who to talk to, lawyer wise, in Utah. I can find plenty of names in the yellow pages but I'm not specifically sure what to look for. Long story short my wife co-signed for a car a few years back, the owner defaulted, and since the collections folks can't reach the original owner and I answer my phone, they want me to pay. Obviously it was a bad move to co-sign for the car, but what I'm trying to find is someone in Utah/Salt Lake that can answer some questions on the subject, but I'm not sure who to start with. Ask friends and family for the names of any good lawyers that they have worked with. Then call those lawyers and ask for the names of consumer rights attorneys, or whatever the practice area is called in Utah. That is usually the best way to find a good referral. Other than that, you can go on martindale.com and look up attorneys in your area. You should select an attorney / firm that has a long pedigree of practice in your practice area.
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Jul 7, 2010 15:30
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Lenins Potato posted:Is driving through a parking lot in a "high crime and drug area" a reasonable cause for a cop to pull you over? What time of day is it? What condition is the car in? (Any lights out?) What sort of driving are we talking about? Fast driving? Really slow driving? Driving that involves a little swerving? Cutting across parking spaces? Are the headlights on? The standard that must be met for Terry stops and the standard for actual arrests are both very fact dependent. ...and the answer is almost always "Yes, the cop was allowed to pull you over."
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Jul 15, 2010 14:59
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Lenins Potato posted:Noon. No broken equipment, clean washed car. Probably 10-15 mph going through the parking lot to the exit. The entrance is one way. No cutting through spaces. No swerving. If he let you go, what's the problem? And I would bet that his stop would hold up in court, if he had arrested you on something.
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Jul 15, 2010 15:11
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Lenins Potato posted:I was just curious, the whole stop was weird. I've been pulled over before but the reasons were always more concrete than being in a bad area. Yeah, I don't think he could say just that in his testimony to the court, but he wouldn't. He would throw in a couple of other factors. Also, is your skin color non-white? That's not an acceptable factor for the court, of course, but it is definitely one of the real reasons that cops pull people over in high crime areas.
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Jul 15, 2010 15:24
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PoOKiE! posted:
...and you're not a lawyer so you need to be quiet in this thread, thanks. I think you've contributed quite enough of your untrained analysis and opinion. No offense, but reading case law does not mean you know what you are talking about. I wince every time I hear a layperson say "But I read this case/statute that says _________." It's not that simple. Laypeople can be right about the law, sometimes, but it's more luck than it is anything else. I know that sounds a little snarky, sorry. But hell, I don't give legal impressions for areas of law that I know nothing about, and I am trained to read cases, statutes, and regulations. For example, you will never see me pipe up about anything IP-related. I could go find cases if I wanted, but I don't know that area of law and I'd be bullshitting the thread. If you are a layperson, you're in an even worse position.
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Jul 16, 2010 16:19
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PoOKiE! posted:
I actually said quote:Laypeople can be right about the law, sometimes, but it's more luck than it is anything else. So I have admitted that lay people can be correct, although rarely. You have said quote:I've been reading case law for months on the issue of legal and illegal search and seizure, and I can say that it shouldn't hold up in most courts in the US, but if it did in the trial court and the defense properly brought it up in their appeal, it should be reversed on appeal. Ok, here's the thing. 4th Amendment analysis, especially for determining the legality of a stop by a cop, is tricky and very fact dependent. The other legal people in here all responded by asking questions for more facts, or by pointing out that other facts would sway the analysis; we understood that the OP's question couldn't be answered as framed. You, on the other hand, offered up a conclusion and dressed it up as expertise by referencing your months of untrained case law research. This is why you need to stop. Your conclusion may or may no be correct, that's not the point. The point is that you don't know how to reach a proper legal conclusion, and in this case you jumped the gun. That's not helpful here. entris fucked around with this message at 03:56 on Jul 17, 2010 |
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Jul 17, 2010 03:48
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ZeldaLeft posted:I reluctantly went to the cops and guess what? PA doesn't have restraining orders unless you were related to that person. and since I don't know his address, they cant really do anything. they claim that what is happening is harassment, and all they will do is slap him on the wrist, at which point he will likely come back with more venom. cops are loving useless. Find a friend who is an attorney, and have him/her pro bono sue the guy for civil assault or whatever, just to show him that you aren't messing around. Or invite the guy to lunch and try to work it out, although he sounds like a child. Also, get yourself a taser.
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Jul 19, 2010 18:22
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quote:I went to law school to a school that takes people that do not even have a Bachelor's Degree. Its California Bar accredited, but not ABA accredited. I have a fine job making good money and I work the regular/less than 40 hours a week. Having the cool T6/T12/T14 law degree gets you in the big firms, but creativity, being smart and careful, finding a good niche, and some hard work and sweat for awhile will make you boom as an attorney even if you went to a shiatty school. Also, I passed the california bar easily without taking BarBri or any other course. Its about working smart, not hard. This is more a Lawgoons Thread response, but seriously: how did you get your current "nice job"? Are you a practicing attorney, or do you have a nice non-attorney job? And while I accept that you may be a diamond in the rough, I don't think you should be giving out career advice to aspiring lawyers. Looking at the statistics for employment in law for graduates coming out of lower tier schools (not to mention non-accredited schools), you can see that the chance of success in law is very low at this time. Furthermore, these graduates are also typically coming out of their school with massive debt, which further depresses the value of their degree. Your tl;dr at the end is just ignorant in this economy and legal job market, because it misrepresents the tremendous risk that many law students face.
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Jul 27, 2010 15:38
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Schattenmann posted:This is criminal law; jurisdiction is Virginia This isn't legal advice, but it appears that there are some possible candidates for criminal charges: Disorderly conduct in public places, Va. Code 18.2-415, which makes it illegal to intentionally or recklessly create a risk of public inconvenience, annoyance , or alarm by engaging in various prohibited actions. There are three major categories, and I think only one of them has a real shot at active prosecution: if someone willfully disrupts the operation of any school or school activity, then they can get slapped with disorderly conduct. For this to apply to these kids, they'd have to be on school grounds or at some school activity. Whether you could use this to prosecute kids on school grounds at night is an open question, and I doubt that most prosecutors would bother. Hazing gang members, Va. Code 18.2-55.1, could arguably apply if the cops/prosecutors could make a convincing argument that this "fight club" behavior constitutes a criminal gang. I think it's a stretch, personally, but maybe if the group consists of a bunch of rowdy teenagers who also smoke dope and maybe shoplift, then you might have a case. There's also the criminal statute against hazing students for entry into clubs, Va. Code 18.2-56. Arguably these kids are students and their activity constitutes a "club." If they are on private property and there are posted "No Trespassing" signs, then there is always criminal trespass charges under Va. Code 18.2-119. If a bunch of kids get together on private property to fight, then their trespassing might qualify them for the additional charge of unlawful assembly under Va. Code 18.2-406. The thing is, the cops can charge them with any of these things, including assault (notwithstanding the consent defense), and the kids would have to contest the charges, which can be pretty annoying for the parents. I can't imagine that simply viewing a group of fighting teenagers from afar will subject you to any criminal penalty, but again that's not legal advice. /Not your lawyer, we don't have an attorney-client relationship, and I'm not providing legal advice or opinion.
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Jul 28, 2010 19:04
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Javid posted:The following is me being curious: In areas that utilize the death penalty, how are laws regarding premeditated homicide altered to make it legal for the guy who pulls the switch or whatever? Or are they? If this isn't how it's done, how IS it done? In Virginia, the Director of the Board of Corrections is authorized by statute to carry out execution sentences, which means the state government has given the Director (and his/her designated agents) the authority to execute someone - this removes their action from the reach of the criminal laws. The state government controls the criminalization of conduct, so it is within its power to exempt individuals from those laws. The criminal laws pertaining to homicide are not, themselves, written in a way that exempts the executioner.
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Jul 28, 2010 21:02
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I don't know how it works in Australia, but I think here in the U.S. the tackling friend would be an intervening tortfeasor that would prevent the bowling club from being liable. The tackle was intentional, it caused the damage, I just don't see how you could get the bowling club to be liable.
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Jul 31, 2010 18:16
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svein posted:Hi, Try searching for your name here: http://apps.supremecourt.az.gov/publicaccess/ Then call the court that has your case. I have no idea about the rest of that stuff.
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Jul 31, 2010 21:50
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svein posted:Great thank you for that. Uh, yeah that's probably right, but you should call the court monday morning, or as soon as it's in the system.
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Jul 31, 2010 23:16
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CaptainScraps posted:Do you know how long I've been wanting to do a bareknuckle match in a basement? Especially a church basement? I am so down with this. Who will we pray to? I am picturing a version of Jesus that looks a bit like Brad Pitt's character from Snatch. (Not Bard Pitt's character from Fight Club)
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Aug 2, 2010 18:23
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Akrabbim posted:Not that we're aware of, but I'll find out tomorrow when I talk to them. We just got the e-mail notifying us of the huge debt we supposedly have, and I wanted to get as much information as possible before speaking with them. I'm planning on making them show me exactly how they came up with this number (which, based on their past history, I fully expect to be faulty). Also, I'm planning on requesting every piece of documentation they have about their payment plans. Would they be required to keep documentation back to the point at which we started school here? Because, since I trusted them not to do something like this, I didn't think to keep such records. I think we have a Louisiana lawgoon somewhere, I'll ping the Lawgoon thread and see if we can get him in here, although I don't think he'll know right off the bat, and he won't provide you with actual legal advice. In general terms, if Party A offers to pay X for services, and Party B accepts X for services, then Party B can come back later and say "Oh, I meant for you to pay Y, I made a mistake" - but Party B has to show the existence of the mistake at the time of the contract, Party A may or may not have to have known that a mistake was made at the time, and Party B has to come back within a generally reasonable timeframe, etc. Party B cannot unilaterally decide, after Party B has accepted payment and the transaction is concluded, that Party A suddenly owes more money for a completed transaction in the past. I think general contract law is pretty solid on that doctrine, especially if payment was made several times under one agreement, and a while ago in the past. I would pushback on this, definitely. If they want more money out of you for past semesters, they better come up with some persuasive arguments and some good documentation. entris fucked around with this message at 03:52 on Aug 4, 2010 |
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Aug 4, 2010 03:49
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Remicion posted:My wallet was stolen out of my car with $800 in it, my credit cards, license, insurance cards, outside of a Walmart in California by an entire family of thugs (straight down to a low riding Chrysler 300, and the one breaking into my god drat car carrying a loving 4 month old baby). I think perhaps the cops mean that the cops themselves, ie the police department, won't have to pay your money back. Pretty sure you could sue these fuckers into the ground in civil court. They are probably judgement-proof, although it would be pretty cool if you could get their low riding Chrysler through a tort judgment, that would piss them off. note: civil court would definitely be a hassle because you'd have to get service and blah blah blah, and they are probably impossible to collect from.
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Aug 4, 2010 21:03
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SWATJester posted:Service shouldn't be a problem if they're in jail on felony charges. An attachment on the car ought to be enough to to cover the $800. Hahaha prison wages. That's just mean, "Here, let me garnish the 10 cents an hour that you make." That's just vindictive, I love it. Also, with some tort claims he could probably get punitive damages - delicious!
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Aug 4, 2010 21:11
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And, of course, it bears repeating that no one is actually offering legal advice in this thread - the lawgoons (students and lawyers alike) are merely giving out generalized explanations of legal principles that may apply to a goon's situation.
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Aug 5, 2010 19:37
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Excal posted:Question re: Florida: Basically, banks are leery of distributing cash to family members who claim there is no estate, because then some other family member pops up and says "Wait a minute, I'm the executor and you should only have released those funds to me!" So banks basically want to make absolutely certain they are releasing the funds to the right person. If the Florida probate clerk's office won't issue you some sort of certified document stating that there is no probate estate to be opened, then you may just have to open a small estate, get yourself appointed executor, and then get the funds from the bank. Sucks, but hey that's what happens when people don't do appropriate estate planning.
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Aug 8, 2010 03:41
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Dr. Mantis Toboggan posted:What is the process for submitting an affidavit for a friend's upcoming misdemeanor hearing? Have you been asked to do this by either the defense or the prosecution? You shouldn't submit anything unless you have been asked to.
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Aug 12, 2010 19:02
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cucka posted:
The other responses that you've gotten were both good, and I'd like to point out an additional issue: have you researched the typical life cycle for a graphic novel? I'm not sure that you need to do any "viral" advertising - however you define it. If you are interested in print publishing, you should check in with the goons over in the Creative Convention area, I think there are some goons in publishing who can give you pointers. I also want to point out that putting your novel on a website as you finish pages / story arcs is a viable method for building buzz about your story - and you don't have to get a publisher on board, either. There has been a lot of serious comic work published first on the internet, then collected and published in book form. Take a look at Penny-Arcade, for cryin' out loud! They don't even write story arcs and yet you can now find their books in Barnes and Noble due to their popularity on the internet. So my suggestion to you, as an aspiring small business person (and make no mistake, creating and selling a graphic novel is a small business), is that you should really spend some time checking out business models for your industry. Talk to other comic book writers / artists, see what has worked for them, etc. Good luck!
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Aug 13, 2010 15:22
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If you post a single page / panel of your comic, I believe you have a copyright over that. Copyright isn't going to protect you from someone else liking your story and making a spin-off of their own, unless they actually use your plot elements or your writing. I also think you are putting the cart in front of the horse - you're worrying about someone stealing your awesome idea before you can get it out there. But you need to make sure you have an awesome idea first - make sure your story arcs are well-crafted, your characters are compelling, and your art guy is doing a good job. You don't need to worry this much about copyright issues at this stage in the game, you are unnecessarily stressing yourself out. Also, I think you could probably get some pretty cheap webhosting to throw your comic up onto - you may want to stay away from using Facebook as your prime method of distribution, although throwing a link to your website up on Facebook is a fine idea.
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Aug 13, 2010 18:48
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Conqueror Bounma posted:I posted this is the debt collector thread but I will repost here as well in hopes of more activity. Here is a useful page: http://www.riag.ri.gov/civilcriminal/consumerfaq.php quote:How do I stop a debt collector from calling? Get the caller's information, tell them you need an address to send a check to or something, do whatever to get some form of contact information from them. If you need to pretend to be Lisa Smith, do it. Whatever. Get the information. Then send them a letter telling them to stop, and keep a copy. If they don't, call up the Consumer Protection Unit of the RI Attorney General and report them. Also try the Better Business Bureau. First order of business is definitely getting some sort of identifier for them, so you know who is calling you. Here are some statutes: http://www.rilin.state.ri.us/Statutes/TITLE19/19-14.9/19-14.9-5.HTM http://www.rilin.state.ri.us/Statutes/TITLE19/19-14.9/19-14.9-6.HTM Remedies and Penalties: http://www.rilin.state.ri.us/Statutes/TITLE19/19-14.9/19-14.9-13.HTM Tell the next person who calls that you need an address to send a check to, get an address, and then go down to your local court and fill out a civil claim against them.
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Aug 16, 2010 02:30
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Alchenar posted:This seems like a bad idea, one that in a worst case scenario results in you standing in front of a judge having to explain why you claimed to be the person oweing the debt. You don't want a remedy that's for the actual debtors, you want them to move on. I can't imagine that any court would condemn an innocent consumer for trying to get harassing phone calls to stop. But I suppose you raise a fair point. Perhaps these debt collectors will be happy to hand over their contact information, company name, etc. The point is: the victim needs to get their contact information and their identity before any other remedy is possible.
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Aug 16, 2010 13:41
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DJ Sizzle posted:Last year my girlfriend loaned her ex boyfriend and friend of 10 years $8000 dollars to keep his house from foreclosing promising to pay her and a few other friends back. Any emails or communications from the guy in which he admits the money was a loan? Has he ever made any payments back to her, at all? If so, are there records of those payments? Also, for small claims, the bank record is probably sufficient to bring a civil claim.
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Aug 17, 2010 23:19
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Wyatt posted:Let both of these stand as examples of why you get it in writing. If you aren't comfortable forcing friends to sign contracts, don't do business deals with your friends. Maybe we should do a new OP and add a set of generally accepted pieces of advice like this. That would require more work though.
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Aug 20, 2010 19:45
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PoOKiE! posted:I'm sorry, I was in a hurry I guess. Should have made it more clear. Not sure about your state, but in my state a party to a case is not authorized to serve process. You have to hire a 3rd party process server or get a sheriff's deputy to do it. So.... if you walked the papers over there yourself, that does not qualify for service in my state.
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Aug 21, 2010 00:17
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PoOKiE! posted:I believe that's the case if you have a lawyer in Illinois, but I have been taking care of this on my own up until now. As far as I know I'm not wrong on that because they've accepted everything I've filed previously and haven't brought that issue up before? Well, the civil procedure rules for Illinois don't allow a party to serve process: quote:735 ILCS 5/2-202. Persons authorized to serve process; Place of service; Failure to make return. But your issue is quasi-criminal, if I remember correctly, so this may not be relevant. Although, admittedly, I still think you can't serve process personally.
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Aug 21, 2010 22:39
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Alchenar posted:There is something very wrong with you for thinking there is any ambiguity on these questions. That's not fair. You may or may not agree with his questions on a moral level, but lawyers are expected to provide a legal analysis, which may differ from your moral position. czachz, if your life is not in danger then you won't be able to claim self defense. Generally speaking, the self-defense rules do not permit deadly force to protect property. There may be a few states in which courts have upheld self-defense in this situation but I couldn't tell you which ones - although I'd guess a "red" state, if any. In the real world, however, you would just tell your lawyer that you thought the robber was pulling a gun/knife/taser/whatever and that he was going to attack you. Or you claim his friend (who may or may not have been there) was about to attack you. (If you shoot him/her in the back, you will probably lose your self-defense argument.) It does matter whether you are in your house or out in public, but different jurisdictions treat these situations differently. Some states permit you more leeway if you are in your house, some do not. If you attempt to shoot a fleeing robber in public, and your bullet misses and hits an innocent bystander, god help you. (Or if your bullet overpenetrates and hits someone else.) If you are carrying illegally, that is a crime apart from the self-defense shooting. The cops can arrest you for carrying illegally. Whether they do or not is a very very locally specific question - maybe the cops in one county will arrest you, while the cops in the next county over will not. We can't answer that question for you. So basically: no, do not shoot a fleeing robber, especially not in public where you are likely to gently caress up and harm others. Instead, thank your lucky stars that the robber did not bring friends and was not intent on harming you, and invest in better security. You should only pull the trigger when someone is actively attacking you or another person, and even then you better be a good shot because your fine motor skills are going to be stressed as hell due to adrenaline so your aiming is going to be generally terrible. entris fucked around with this message at 13:19 on Aug 25, 2010 |
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Aug 25, 2010 13:13
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Baruch Obamawitz posted:
Won the self-defense argument or won acquittal on the felon-in-possession charge? (or both?)
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Aug 25, 2010 14:56
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Spiderfailure posted:Do I have to disclose to my Navy recruiter something that happened as a minor and was dismissed under deferred adjudication or can the military just see everything? I can't give you a legal opinion, I know nothing about military recruitment policies or whatnot, but I do know that military recruiters are under incredibly intense pressure to fill their quota, so the chances are very high that the recruiter will shrug it off or tell you to outright lie on your application. In other words, you should probably just disclose it (especially since it was dismissed) and don't worry about it. You may want to try the Goons in Platoons subforum, though, I'll bet you that there are a few recruiters in there who can give you the skinny.
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Aug 26, 2010 03:29
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mboger posted:I updated my original post to reflect my retardation. Sorry about my arm chair lawyerin'. All lawyerin' is arm chair.
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Aug 26, 2010 19:21
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PoOKiE! posted:Do you mean that it was a double yellow or that you drove on the shoulder to pass on a one-way road? Please stop posting advice for other people.
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Aug 26, 2010 21:44
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Mousse420 posted:What state are you in?
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Aug 30, 2010 21:15
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Wreckus posted:Whelp. Ok last question. Does a General Power of Attorney document need to be notarized? (apparently this is required to collect personal belongings/remains even for family (sister/sister in-law)) In my state, a GPOA does not have to be notarized in order to be valid, but if it is notarized then it is treated as presumptively valid unless someone can prove otherwise. So get it notarized.
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Sep 16, 2010 19:43
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e: nvm
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Sep 21, 2010 15:34
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Time Trial posted:I live in Virginia but this took place in DC. I lost my ipod on the metro system and some guy emailed me to let me know he turned it in, which I also confirmed with the station manager that he turned it in to. Then it somehow disappeared within their lost and found system. They're looking in to how this happened, but if they tell me that they have no idea where it is (I'm guessing that means someone within Metro lost and found stole it or something) do I have any recourse? Are they liable for items within their lost and found system? Can I ask them for the cost of my ipod? First you need to go here: http://www.wmata.com/about_metro/lost_found/ And officially report your item. It helps if you have the serial number for the iPod and any other identifying information (is it laser engraved?). Once you have a case number, you can harass them to your heart's content. Just having the station manager admit it was turned in is not enough, but you should probably include that info in your report. If you become convinced that they lost (stole) it, you could try submitting a complaint to the Inspector General: code:
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Sep 22, 2010 15:13
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