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bEatmstrJ posted:I don't know if this is more of a police officer related question but here goes anyway. nm posted:So I've been fielding this hypo around my CA public defender's office. Is there some state statute or caselaw that drives that answer? (That the PO can forcefully enter) I'd think that the possessory owner's present non-consent to the search of his specific domicile would trump the absent renter's prior general consent to have wherever he happens to be staying searched. e: new page
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May 21, 2011 02:16
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meatsneakers posted:I have a question about a neighbor who has two cars that have been parked in the same spot for nearly 5 years. This is in the Bronx, NY on a residential street. I normally wouldn't give a poo poo, but two new houses with driveways have gone up on the block and it is now impossible to find parking. I've called 311 and filed a complaint 4+ times in the past year, and the cops haven't done poo poo even though the report says 'investegated'. The law states that a car can only be parked in the same spot for a maximum of 7 days. It's been 5 years. They have current plates and registration, somehow.
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May 21, 2011 03:05
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I've done that and waited two days before my first report with no result.
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May 21, 2011 03:41
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Can't you just call a tow truck and have them towed? Wreckers love towing cars for dumbass reasons.
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May 21, 2011 03:52
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meatsneakers posted:I've done that and waited two days before my first report with no result. Call a local tow company, preferably one that has signs in a nearby parking lot. There's a good chance they'll know how to proceed and help you because they end up getting the tow. (of course in ny this is a lot less likely than a 1-2 shop town)
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May 21, 2011 03:55
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joat mon posted:Is there some state statute or caselaw that drives that answer? (That the PO can forcefully enter) I'd think that the possessory owner's present non-consent to the search of his specific domicile would trump the absent renter's prior general consent to have wherever he happens to be staying searched. Obviously, the cop can't search the non-probationer's stuff, but one should be extremely clear that you are not consenting to a search.
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May 21, 2011 06:18
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/edit gently caress friends I got trolled bad. VVV Thanks for the help. Hy_C fucked around with this message at 00:05 on May 22, 2011 |
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May 21, 2011 19:35
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Were they detained by the US or Canada? From what I gather, US border agents can search whatever they want, including any electronic devices (laptops, cellphones) they had on them. Perhaps your friend had something on him that border patrol didn't like. A lot of teenage guys I talk to have sexting photos on their phones and are completely unaware it constitutes child porn. Alternatively, your friend may have a criminal record you just don't know about (or something you thought was irrelevant) that caused the Canadian authorities to hold him. Some things that are misdemeanors in the US are felonies in Canada, and Canada does not allow people with (what they consider) felony convictions into the country. DUI is one example - you can't get into Canada if you've been convicted of DUI. A friend of mine with a DUI on his record took a US-UK flight and missed a connection in Toronto that caused him to get stuck in Canada for more than 24 hours, and it turned into an expensive pain in the rear end legal issue for him. Edit: For the record, not a lawyer of any kind.
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May 21, 2011 22:05
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Super Delegate posted:I'm in CT and I have and need help with employment law.
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May 22, 2011 18:16
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I posted this in the debt collectors thread but was told I might do better in here: I'm in a bit of a situation right now that I hope you guys can help me with. Debt collectors aren't involved in it yet, but it's only a matter of time. At the beginning of 2010, I worked for a large telecommunications company here in Canada. In March 2010, I quit my job because I found another. I gave my resignation letter to my supervisor on a Thursday and worked up until the Saturday of that week. I started my new job on the following Monday. A couple of months later, I got a letter from said telecommunications company claiming that I had been overpaid a week's wages and now owed the company 500 dollars. I call the human resources number on the letter and they explained that my supervisor had been late in handing the paperwork over and the company had not realized that I hadn't worked that week. I decided that I wasn't responsible and promptly ignored it (which was dumb). Last week I received a final notice letter from them saying that I still owed them 500 dollars and that if I don't pay by May 26th, they're sending my poo poo to a collections agency. The problem is I'm currently unemployed; while my unemployment insurance is enough to ensure that I stay on top of bills and debts and other such poo poo, 500$ is a huge chunk of money considering what my income is. I called human resources again and asked what I could do; they explained that I could make a payment arrangement with them. I worked out something affordable and they said they'd call me back to confirm. The next day they called me back and refused my payment arrangement on the grounds that I had already made a payment arrangement in the past and not respected it. I don't believe that I had made any payment arrangement although I'm positive that the original due date was in 2010. I have a few questions: - Am I responsible for paying this back considering my supervisor is at fault? - What happens when my bill goes to a collection agency (I read the OP but I'm wondering if anything differs in this particular case)? - What do I do now?
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May 22, 2011 23:26
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So, everyone knows about open container laws. However, in Texas, USA (Forth Worth), is it illegal to have an open container of alcohol on you if you are NOT intoxicated and NOT in a vehicle? For example let's say I an completely sober and walk to the liquor store down the street from my apartments, buy a pint of vodka, open it with the intention of taking a swig but decide against it until I get home, put it in my backpack, and walk home. Is that illegal/can you be ticketed in any way? Come to think of it, what about public vehicles? What if you're catching the bus back from a friend's party and have an unfinished bottle of rum in your backpack(obviously a lovely party)? Is that illegal? Do open container laws apply? (Texas) These things haven't happened to me and I am not requesting legal advice just legal information, thanks!
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May 23, 2011 04:49
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seacat posted:So, everyone knows about open container laws. However, in Texas, USA (Forth Worth), is it illegal to have an open container of alcohol on you if you are NOT intoxicated and NOT in a vehicle? For example let's say I an completely sober and walk to the liquor store down the street from my apartments, buy a pint of vodka, open it with the intention of taking a swig but decide against it until I get home, put it in my backpack, and walk home. Is that illegal/can you be ticketed in any way? Yes, you can be ticketed for that. Many places, not just in Texas, have laws like this. Hypothetically, if there was a ticket, was there a code section written on the ticket? This might be what a person like you would be looking for: Fort Worth Code of Ordinances posted:Sec. 4-5. - Possession or consumption near homeless shelters or substance abuse centers. Dallas is similar, but the 'no open containers' applies everywhere within 18 feet of a public street. (with some exceptions) If the container was in a backpack there might be some search and seizure issues, but there's no way to tell given the facts of your hypothetical.
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May 23, 2011 05:42
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Super Delegate posted:If I sent the SS-8 form to the IRS (http://www.irs.gov/pub/irs-pdf/fss8.pdf) will they release my name? Several other workers are in the same situation as me. IRS Form SS-8 posted:The information provided on Form SS-8 may be disclosed to the firm, worker, or payer named above to assist the IRS in the determination process. For example, if you are a worker, we may disclose the information you provide on Form SS-8 to the firm or payer named above. The information can only be disclosed to assist with the determination process. If you provide incomplete information, we may not be able to process your request. See Privacy Act and Paperwork Reduction Act Notice on page 5 for more information. If you do not want this information disclosed to other parties, do not file Form SS-8. 10-8 fucked around with this message at 14:22 on May 23, 2011 |
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May 23, 2011 14:19
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Just out of curiosity, but could the guy that got arrested for attacking the Giants fan on opening day be charged with a hate crime since it he did it because of the victim being a Giants fan? I'm not sure what the verbiage is on hate crime law, so I don't know if it's a general definition or if it specifically says due to race, being gay, etc. And for those unfamiliar with the story: http://sports.espn.go.com/los-angeles/mlb/news/story?id=6575516
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May 23, 2011 16:27
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Lots of places with hate crime laws on the books don't even protect gays, so with no legal training I'm going to say that Giants fans are not a protected group of people. Hate crimes are crimes against very specifically defined groups that vary depending on your state, otherwise every assault or battery could be classified a hate crime.
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May 23, 2011 18:13
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Orgophlax posted:Just out of curiosity, but could the guy that got arrested for attacking the Giants fan on opening day be charged with a hate crime since it he did it because of the victim being a Giants fan? California's hate crime laws do not recognize "fan of baseball team I dislike" as a protected class.
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May 23, 2011 18:16
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Super Delegate posted:If I sent the SS-8 form to the IRS (http://www.irs.gov/pub/irs-pdf/fss8.pdf) will they release my name? Several other workers are in the same situation as me. IANAL, but I will tell you that if they are indeed classifying you (and others) incorrectly it's serious business, with consequences for you and for the employer. You really should seek an attorney for advice on how to proceed.
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May 23, 2011 18:25
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Classifying employees as independent contractors is one of the biggest tax loopholes out there. It's a big problem, and the way the law is set up, there is not much the employee can do if he wants to continue working for that company. It is completely legal under federal law for a company to fire an employee for contesting their classification. This is one of those situations where the law is clearly inadequate and needs to be changed, but good luck with that in the current political environment.
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May 23, 2011 21:51
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So, I got pulled over in New Orleans this weekend because my tag expired last month. That's fine, I should have remembered to renew my tag. They gave me a ticket for expired tag AND expired registration, which seems like the exact same thing to me. Each carries a $180 fine. The cop walked up to my car to ask me if I come to New Orleans often (my tag and license are out-of-state) and I told him, no, I was on vacation and on my way home. He nods, goes back to his car, and comes back with a ticket that said it was due in 5 days. On the NOLA website, it says tickets can take between 6 and 10 days to even process. My question is, is that even legal, to give me a court date/due date with less than a week's notice? Especially when he got out of his car to ask if I would be returning soon? I know NOPD is one of the most corrupt police departments in the US (according to the Justice Department), so I'm seriously wondering if I should fight this.
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May 24, 2011 13:29
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For an agent to be employed (or rather is consideration from both parties required to form an an agent/principal relationship) by a principal does compensation have to have been made or have been promised? Say a friend is acting in my interest to help someone move into an apartment I own and said friend lets said potential tenet throw out a box of shoes that belonged to another roommate. Am I responsible for the damages of my friends decision since he claims to have been my agent, even though initially I had assumed we just acting in good faith as my friend and we had not agreed on me employing him or anything. More of him doing me a favor. He makes a bad call,gives permission for a tenet to throw out a few shoes of another roommate, and tries to pass the liability over to me claiming he was merely working as my agent.
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May 24, 2011 16:57
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This doesn't actively involve me but rather is a question about the divorce my parents are going through. This is in Alberta, Canada. My parents started divorce proceedings late 2009 because my mom was heavy into gambling and dragging my dad into debt and lying about it. My dad is/was emotionally and rarely physically abusive. They sold the previous house, kinda split things 50/50 at the time but apparently things are still going on and it sounds like my mom is still after half of everything my dad has now plus some other stuff. Now from the little reading i've done, the goal of a divorce is not to leave either party financially unable to support themselves but from what i've found out recently, my dad has been unable to work due to emotional reasons and has had to sell things just to feed himself. Basically, my mom seems to be making out just fine and my dad seems to be getting screwed and I'm not happy about it. He's an rear end in a top hat but he doesn't deserve this. Is there anything I can do to help him out legally?
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May 24, 2011 19:04
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asmallrabbit posted:This doesn't actively involve me but rather is a question about the divorce my parents are going through. This is in Alberta, Canada. The obvious, but most expensive, answer is to hire a family law attorney for your dad. If you can't afford that, there isn't much you can do legally. If your dad is willing to seek treatment for his issues, I suggest you meet with a doctor and get therapy scheduled. If he is formally diagnosed with a mental illness then there might be some competency issues, but I don't have a clue how Canadian law handles that for civil cases.
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May 24, 2011 21:30
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I hope i didn't misunderstood the thread, but i've tried contact free legal advice, and several other similar services regarding this issue. So, i am running out of options. The situation: My significant other finishes her studies in a few weeks in Nice, France. She has studied abroad for a year, but lives in Oslo, Norway. A study that offers a diploma (Diplôme Superieur d'etudes francaises, advanced language: French, basically) for those who pass the final exam. However, she and the rest of her Norwegian co-students have never received any information regarding courses, exams, dues, dates, anything and simply been ignored when contacting the university trying to find it. They have sent countless e-mails, letters, and met up at the councillors office several times without any success. The result of the lack of information is that none of them will pass that exam, because they missed obligatory courses. She's payed a rather large sum of money to study there. They all feel the university simply took advantage of their financially strong positions, as their studies is being sponsored by the Norwegian government. Do they have any rights in this situation? Who will be held responsible? A Norwegian organization for abroad students referred them to the university, but they all went as individuals without agents and so forth.
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May 24, 2011 22:33
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Konstantin posted:The obvious, but most expensive, answer is to hire a family law attorney for your dad. If you can't afford that, there isn't much you can do legally. If your dad is willing to seek treatment for his issues, I suggest you meet with a doctor and get therapy scheduled. If he is formally diagnosed with a mental illness then there might be some competency issues, but I don't have a clue how Canadian law handles that for civil cases. How do I find a good family law attorney here? I've never dealt with lawyers before and we don't have a lot of time to find one apparently, maybe 2 weeks? Is there someplace i can check for how well they are rated or anything, there are tons of places brought up if i just search for attorneys on google for our area, how do I narrow it down?
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May 24, 2011 23:34
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Chekc Twice. posted:I hope i didn't misunderstood the thread, but i've tried contact free legal advice, and several other similar services regarding this issue. So, i am running out of options. I have no idea. If their studies are sponsored by the Norwegian government, have either of you contacted the Norwegian Ministry of Education? (Or whatever sub-part of that ministry is connected with the program?)
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May 24, 2011 23:41
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Quick employment/benefits related question. State is Ohio. I started out this calendar year as a Supervisor in my current job. Because of that title and my tenure, I was given 120 hours of vacation time. In March, I took 3 weeks off and used up all of that time. I was now moved to another position in the company. My benefits department is stating that now that I have moved out of Supervisor and to another position, I am only now entitled to 100 hours. Because I have used all of my time, the company wants that 20 hours back and are wanting to set something up to take it out of my paycheck. I guess my overall question is, Are they legally entitled want this 20 hours back and take it out of my paycheck as such? I have perused my employee handbook and saw nothing like this in there and I have signed no employment contract or anything like that.
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May 25, 2011 00:44
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I have a few things that I hope you guys can help me on until I can get in touch with my law professor friend some time next week. My father died unexpectedly yesterday and he was fairly young and reasonably irresponsible there was no planning for how to settle affairs on his part. He coincidentally mentioned a life insurance policy he had worth $15,000 to my grandmother not too long ago. Last night I went through all of his documents and found absolutely nothing about an insurance policy and am at this moment assuming he didn't actually have any. The funeral expenses have all been paid out of pocket by me, my grandmother, and one of my aunts so in that regard the insurance isn't really a big deal but I would like to pay them back if I can. We all live in Ohio, my dad has always worked in Michigan and died in Ohio. He is a widower and I am his next of kin, along with my younger brother who is 18. Issue 1: Going through his recent mail, I found a letter from Michigan Unemployment stating he owed them about $7,000 in over payments and they would take them from future tax returns if he didn't pay. My father lost his job at the beginning of last year and was on unemployment for about three months before getting a job at a new company. Upon going through the documents in his room I found a more in depth letter from them stating that the employer contested his unemployment claim stating that he left voluntarily. We are all reasonably sure that he was laid off, but of course we can't say for sure. We are going to see what we can do to fight it, but the problem is that the initial letter was sent back in June of last year, so it's been nearly a year of him simply ignoring them. Unfortunately, ignoring problems and hoping they'd go away even he could fix them is just the way he was. According to my father's uncle, they can't come after the family for that money, but they can try to get it from his bank account. I'm not sure if either part of that is true, but that's what I've been assuming at the moment. I also opened a statement from his bank stating that he has about $9,000 in his checking account. I'm doubtful he had any savings. If what my great uncle says is true, they can take their money from that. My question is, if we were to withdraw some or all of the money to cover expenses, would that get us into legal trouble? Issue 2: My dad was paying out of pocket for my brother's college (Eastern Michigan University). I found a letter from the school saying that his second semester (the one that just ended last month) was never paid for and they are sending it to collections. That was about $6,000. Whether I get the money from the account, or through a possibly non-existent life insurance policy, or from my own savings, paying this off will be my main priority. How might this effect my brother's ability to go to school in the future (if not paid for a while) and his credit? I would assume that my brother is liable for the money. Issue 3: I was planning on giving my father's car (which is paid in full) to my brother since he doesn't have one. If and when the debt collectors com knocking, can they feasibly use these debts as grounds for taking the car and if they can, can they take it even after the title has been switched over? Issue 4: There are, of course, medical bills associated with his passing. He had health insurance but it has a $2,000 deductible. He did have a Health Savings Account with more than enough in it to cover the deductible and any co-pays he might have accumulated. Am I able to use his HSA to cover the left over medical expenses? I know that I should get a lawyer for this stuff but after meeting with the funeral advisor who told us that we didn't need one to get accounts and titles switched over my family does not seem interested in the extra expense. I'm trying to convince them that it's in our best interest. With the amount of work I have to do before the funeral, the expense, and the upcoming holiday shutting a lot of stuff down I am not able to get one on my own any time soon. I have a friend who is a retired lawyer and current law professor but I won't be able to meet with her until some time next week.
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May 25, 2011 23:07
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Jibo posted:I have a few things that I hope you guys can help me on until I can get in touch with my law professor friend some time next week. My father died unexpectedly yesterday and he was fairly young and reasonably irresponsible there was no planning for how to settle affairs on his part. He coincidentally mentioned a life insurance policy he had worth $15,000 to my grandmother not too long ago. Last night I went through all of his documents and found absolutely nothing about an insurance policy and am at this moment assuming he didn't actually have any. The funeral expenses have all been paid out of pocket by me, my grandmother, and one of my aunts so in that regard the insurance isn't really a big deal but I would like to pay them back if I can. I am sorry for your loss. There are way too many variables to answer all of these questions specifically. Generally speaking, and without giving any specific legal advice, the probate court of the state where your father resided (not where he worked or where he died, but where he lived) will have juridiction to control the disposition of property. You are getting a bit ahead of yourself. You have mentioned giving a car to your brother and disposing of assets, when you probably do not have the power to do so. With great respect to your funeral advisor, while there may be ways that some assets may be transferred out of your father's name without a full estate administration, some assets may not be transferable and/or subject to the claims of creditors, and you run the risk of being sued by one of the estate creditors for a fraudulent transfer if you don't do it the right way. Conceptually, an estate should be opened, and an administrator should be named by the court (probably you, if you are a responsible adult). There will be a period of time within which the creditors can file claims. They may not, in which case you don't have to worry about them anymore. Or their claims may be barred by statute, such as the Unemployment overpayment claim. (I don't know that it will, but it might). During that claim period, the administrator should transfer the assets to the estate. After the claim period, the administrator can pay the claims and distribute the remaining assets to the beneficiaries. If only you and your brother are the beneficiaries, then the administrator and the court are likely to honor any agreement that you make. This outline uses Ohio as a model, if he lived in Michigan, then the process may be a bit different. And exceptions abound - for example, if the checking account was a joint account or a payable on death account, that money may be immediately availble to the joint owner. Like I said, too many variables for specific answers. If you want to post the nearest city to which he lived, I can try to help you find a lawyer in that field to consult with. Good luck, and my condolances.
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May 26, 2011 00:06
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So, how serious is a loitering in a drug associated area ticket? Yikes. So can anyone answer the question now? Has anyone dealt with this before? meanolmrcloud fucked around with this message at 17:34 on May 26, 2011 |
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May 26, 2011 03:43
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You should pretty much redact that entire post.
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May 26, 2011 04:08
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By 'redact' he means erase it entirely, re-framing the question in a way that isn't a flat out admission of guilt that could potentially be found by a prosecutor and used against you.
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May 26, 2011 05:22
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Is "loitering in a drug area" a crime they seriously have? Is there anything preventing them from handing this to anyone who lives there and stops moving for a few minutes?
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May 26, 2011 06:15
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Javid posted:Is "loitering in a drug area" a crime they seriously have? Is there anything preventing them from handing this to anyone who lives there and stops moving for a few minutes? http://law.justia.com/codes/california/2010/hsc/11530-11538.html As you can see there's very specific circumstances. 
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May 26, 2011 07:11
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TOPIC: Copyright Infringement LOCATION: Online/AK Because of what the OP says about posting information on being sued I typed up a general example of what's going on with my Mom. This isn't exaggerated at all, which is the sad part, do huge companies really do poo poo like this? Say I finger paint some pretty colors on a canvas and decide to sell it online with my other paintings (Sunrise Inspired, Sour Apple Inspired, Winter Inspired). In the title I put “Sunset Inspired” because, well, it reminds me of a sunset being blue/purple and all. A few days later I receive a notice from a huge company saying they have filed a copyright infringement complaint against me because my sunset painting has the same name as a popular movie franchise they own. My painting has no references whatsoever to their movies, that I haven’t even watched, but according to them I’m trying to use their movie’s name to sling my wares for a bigger profit. I didn't finger paint any of the movie's characters, locations, scenes, themes, furniture, rocks, hair or so on. Just a sunset looking finger painting. Honestly, that's it to the situation on my Mom's side. Besides getting a lawyer can my Mom take any steps to have this resolved herself?
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May 26, 2011 16:48
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removed quote I have my own legal question: I currently reside in Texas, and I'm renting a room of a home I own to a friend. I have a pretty solid lease agreement that I had help writing up, which talks about late fees ($25 fee, plus $5 per day, starting 4 days after the first of the month) for rent. I know that it's low, but the guy is a student and doesn't have a lot of cash so I figured I would go easy on him. Well he's been late a few times, and we didn't start collecting late fees until the third time he was late (again, this was dumb). Well now he's taken to back-dating his rent checks, which I really, REALLY don't like, because it feels like he might start some poo poo if we decide to start charging late fees regularly. Is back-dating checks like this against any sort of law? Fraud, or something similar? I'm a complete idiot when it comes to the law, and I'm considering evicting him if things get worse (there is a clause in the lease that states that I can terminate the lease if he's late three times in a year, which he's been), but I just want to cover my own rear end. sephiRoth IRA fucked around with this message at 17:46 on May 26, 2011 |
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May 26, 2011 16:56
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LOLBBQ posted:TOPIC: Copyright Infringement
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May 26, 2011 17:14
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areyoucontagious posted:Idiot, completely remove this post. like go back, edit it out. Striking it out does nothing, see how easy it was to bring back? But this is exactly what happened? The judge, officers involved, everyone in the the courtroom will know exactly the reason I was down there.
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May 26, 2011 17:37
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areyoucontagious posted:Idiot, completely remove this post. like go back, edit it out. Striking it out does nothing, see how easy it was to bring back? Questions for the lawyers: Would this guy buying a carbon receipt book and issuing receipts to the roomie that they both date be sufficient to show when the rent was presented? I was under the impression that the date on a check indicates the date it was written and isn't meant to serve as the date it's presented. I know people will informally take it as the presentation date lacking any other documentation, but wouldn't issuing receipts clear all that up? My lease has a clause that says prior failure to enforce lease terms doesn't prohibit future ability to enforce lease terms. Would this sort of clause hold up in Texas? BonerGhost fucked around with this message at 07:05 on May 27, 2011 |
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May 26, 2011 17:43
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If my grandmother has been put in what looks to be a shithole nursing home, and another relative (who I don't know) has power of attorney over her, what can I do to get her moved? Or contest the power of attorney? The background on this is long and complicated and I'd rather not go into it here, I'm just wondering if I have any recourse. Do I get APS involved? Is there ANYTHING I can do if they have POA?
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May 26, 2011 18:29
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meanolmrcloud posted:So, how serious is a loitering in a drug associated area ticket? It would help if we knew the actual law you're accused of breaking. (It should be listed on your ticket/paperwork) e.g.: [quote=" Michigan Complied Laws 750.167"] 750.167 “Disorderly person” defined; subsequent violations by person convicted of refusing or neglecting to support family. Sec. 167. (1) A person is a disorderly person if the person is any of the following: (j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted. [/quote] It carries up to 90 days in jail and up to $500 in fines. There may also be a Detroit municipal law on the subject which would have a similar punishment. Based on what you've already admitted to the police, you should find a lawyer to get you a good deal that will result in nothing on your record, assuming you can stop being you for long enough.
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May 26, 2011 18:32
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