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spacetoaster posted:Does he bear the burden of proving his innocence in this case? Yes, but only by a preponderance of the evidence (more likely than not), but after 4 years it ratchets up to clear and convincing.
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Jul 2, 2015 23:28
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joat mon posted:Yes, but only by a preponderance of the evidence (more likely than not), but after 4 years it ratchets up to clear and convincing. Wow. I was under the impression that arrests don't really mean anything (other than the bother of being arrested and released). In the sense that anyone can be arrested for anything (my law professor's words). It's the conviction from the trial that's important, right? Are people being discriminated against for arrests now? How is that allowed to pass?
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Jul 2, 2015 23:38
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spacetoaster posted:Wow.
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Jul 2, 2015 23:42
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Hot Dog Day #38 posted:How would one go about getting an arrest that lead to no charges in DC expunged? From what I can tell federal expungement statutes are limited and a pretty high bar to overcome. Kase Im Licht fucked around with this message at 23:58 on Jul 2, 2015 |
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Jul 2, 2015 23:55
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Thanks for the replies. Legitimately not for me but for a friend who asked. I'm not sure if it's in DC specifically, but it was federal property and it was a misdemeanor so she took a federal arrest I guess? Could have been on a military base or something, I'll get some more detail. I know that it was a misdemeanor arrest that never resulted in charges being filed in court and it was definitely more than 4 years ago.
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Jul 3, 2015 01:15
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I'm super late on this but my favourite part of facebook hacking guy was his asking "do iphones even have an IP address?"
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Jul 3, 2015 01:20
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Thanatosian posted:Because we have a laissez-faire attitude towards employee protection in this country, which works about as well as the laissez-faire attitude we had towards everything going into the Gilded Age. That's so stupid to me. I've been arrested (never convicted! HA!) and now it's just a couple of rowdy stories from my Soldier days. I do get surprised by the pearl clutching that goes on about it though. And how does an arrest constitute "a record"? What B.S. I'm going to .....write.....letter......meh... 
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Jul 3, 2015 01:33
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i'll just leave this here https://www.reddit.com/r/legaladvice/comments/3c1rzs/boyfriends_package_of_weed_coming_from_co/ quote:My boyfriend has his med card and lives in Colorado. He recently took a trip to New York and sent over 50g of weed in a package so he could have it for personal consumption in NY. The idiot used his real name and address on the package, and all the packaged weed has his name and info on it as well. He recently called the post office inquiring where his package was when they told him it had been confiscated. My question is, what type of trouble is he looking at? And how does him having a med card affect this situation?
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Jul 4, 2015 01:58
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What kind of language should I be looking for in landlord/tenant laws for disclosing pest /bug infestations?
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Jul 4, 2015 10:14
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It's possible that there isn't a statute on that. Statutes often don't cover every eventuality, and bugs in an apartment likely falls into that category. What you'd probably want to look for is case law concerning a warranty of habitability. That's a common law concept that requires leased premises to be generally habitable. It's possible that's been conducted by your jurisdiction, but it's almost certain that what breaches that warranty is exclusively defined by case law. It's a very fact specific inquiry and I'd very much doubt that you'll find a statute or case directly on point - but it's not impossible. Make sure to consult the websites of your state or local tenants rights groups. They may have something on point or be able to guide your research.
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Jul 4, 2015 11:30
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So what, generally, do you do if your apartment is, in fact, not exactly habitable? This year some stuff didn't get fixed and my apartment was cold as gently caress over the winter. I had to plug in little electrical heaters and wrap up in blankets to not freeze to death. I'm a poor as gently caress college student and there was no way I could change dwellings on such short notice and can't just go home to parents.
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Jul 4, 2015 11:52
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Depends on the tenant remedy laws in your state. In Texas you can sue to force a repair, pay for the repair and sue for reimbursement, or pay for the repair and deduct the cost from rent(but only in very specific circumstances and there is a strict procedure to be followed). The down side of these options is you piss your landlord off. It's not hard to then find a lease violation to evict the tenant. While the laws may exist to protect a tenant, never underestimate a vindictive landlord. I would say the ideal option is always to declare a beach, move, and sue. Not always possible I know, but it's not a great idea to put your housing at risk.
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Jul 4, 2015 12:33
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Hot Dog Day #91 posted:Depends on the tenant remedy laws in your state. In Texas you can sue to force a repair, pay for the repair and sue for reimbursement, or pay for the repair and deduct the cost from rent(but only in very specific circumstances and there is a strict procedure to be followed). The down side of these options is you piss your landlord off. It's not hard to then find a lease violation to evict the tenant. My lease is up at the end of the month and I already have a new place lined up so right now I'm just like "meh, whatever, goodbye lovely landlord" but I still feel like I should report it somehow so whoever ends up living here next doesn't need to freeze. I have a very high tolerance for cold so it didn't bother me a lot to just endure it but somebody else is going to inevitably rent the place. I don't really care if I piss him off at this point. That was actually part of why I just went through it. I was cold but not like...cold cold and I really very much needed to not have to move in the middle of a college semester.
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Jul 4, 2015 13:16
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ToxicSlurpee posted:My lease is up at the end of the month and I already have a new place lined up so right now I'm just like "meh, whatever, goodbye lovely landlord" but I still feel like I should report it somehow so whoever ends up living here next doesn't need to freeze. I have a very high tolerance for cold so it didn't bother me a lot to just endure it but somebody else is going to inevitably rent the place. I don't really care if I piss him off at this point. You need to get it documented somehow someway. If you move out and you haven't told anyone they may hold you liable for repairs. You should have told the landlord the same or next day when it stopped working. Make sure you have some kind of documentation as well.
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Jul 4, 2015 13:45
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SlayVus posted:You need to get it documented somehow someway. If you move out and you haven't told anyone they may hold you liable for repairs. I did tell the landlord about problems. Several of them. Repeatedly. Far as I know they're related to stuff the landlord kind of sort of started to fix but then just didn't. Should I be taking pictures of what the issues might be? I think it's the door letting poo poo loads of cold air in and it was worked on but I was told "well we'll replace it" and it never got done.
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Jul 4, 2015 15:41
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FordPRefectLL posted:i'll just leave this here Is 50g a lot for med mj? Ah, reminds me of working in a ship center where people sent drugs all the loving time. You KNEW it was a drug box when it was a good size box but weighed very little, the box tabs were glued down first (sometimes taped over after), the service was always for next day delivery, they always paid cash, and they were always super nice and never once bitched about a $250 price tag to overnight "diapers" to New loving York. Weed always smelled like soap or coffee too.
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Jul 4, 2015 15:46
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Cowslips Warren posted:Weed always smelled like soap or coffee too. From what I've heard people shipping illegal stuff will try to bury it in some kind of other smell that will overpower it. Apparently coffee actually makes it so drug sniffing dogs can't smell the weed. I guess it just never occurs that police are not loving idiots and will start being suspicious of boxes that smell like coffee soon as they figure it out.
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Jul 4, 2015 16:57
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ToxicSlurpee posted:I did tell the landlord about problems. Several of them. Repeatedly. Far as I know they're related to stuff the landlord kind of sort of started to fix but then just didn't. Should I be taking pictures of what the issues might be? I think it's the door letting poo poo loads of cold air in and it was worked on but I was told "well we'll replace it" and it never got done. I've defended evictions, evicted tenants, and done security deposit suits. It's my General advice that you always take pictures and video immediately upon moving in, send certified letters for any major defects/repair requests, do a move out walkthrough with the landlord, and take pictures/videos upon moving out. With a smart phone, most of that is trivial. Certified letters cost about 5 dollars each.
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Jul 4, 2015 18:03
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I got a speeding ticket today, and am wondering if I can/should do anything other than just pay it. The ticket was issued in Missouri and I'm now back home in Oklahoma almost 400 miles away. Ticket is for "11-15 miles over posted speed limit". I see articles online that different states care about offenses from other states to different degrees, but I've been able to find what Oklahoma's stance is. I don't have anything else on my record in the last 8 years. The fine is annoying, but I mostly just want to avoid my car insurance spiking if I can.
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Jul 6, 2015 02:30
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Xenoborg posted:I got a speeding ticket today, and am wondering if I can/should do anything other than just pay it. The ticket was issued in Missouri and I'm now back home in Oklahoma almost 400 miles away. Ticket is for "11-15 miles over posted speed limit". I see articles online that different states care about offenses from other states to different degrees, but I've been able to find what Oklahoma's stance is. I don't have anything else on my record in the last 8 years. The fine is annoying, but I mostly just want to avoid my car insurance spiking if I can. What my state calls "Deferred Adjudication" is an option for the majority of tickets, where you pay all (or most) of the fine, and so long as you don't get another ticket in that state for 90 days the original case is dismissed and your insurance never finds out. If you physically can't appear in Court, you can call the Court Clerk and ask about your options. You can also call local traffic ticket attorneys and see about costs. 99% of Courts offer payment plans in your situation. Even spending $150 on an attorney and $250-$500 on the ticket to keep them off your insurance is probably a win. You may also want to seek advice/information as to whether a traffic ticket in MO would affect your insurance in OK. I've never thought about or researched why it wouldn' t, but I also don't know whether OK's insurance board is constantly doing a 49 state sweep of everyone's driving record, or how jurisdictions report amongst one another.
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Jul 6, 2015 14:57
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Is this an example of fraud? I purchased a vehicle in Illinois in October 2013 after my original vehicle was totaled by being rear ended. Flash forward to now and I've moved to NYC where I don't need a car. I try to sell my car and have it appraised only to find that it has frame damage and many parts have been replaced (suggesting it was totaled or severely damaged. These were the appraiser's words). When I purchased the car from the dealership, it had a clean vehicle history report and no indication of having been in an accident/damaged. The extent of the past damage has severely depreciated the value of the car and I wouldn't have originally purchased a previously totaled car. It seems like it qualifies as fraud to me based on "deceptive conduct in automobile sales" but I'm not sure.
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Jul 6, 2015 20:33
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Did they tell you it was accident free? If not, unless you can show they washed the title, it isn't fraud. Most used cars at dealerships are bought at auction. They don't know the history of the car beyond the same carfax you have. It is why you don't rely on carfax and have every vehicle ppi'ed. (And buy from private parties.)
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Jul 6, 2015 20:37
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The salesman said something like "As you can see from the report, no accidents." But wouldn't any inspection they did themselves after purchasing at auction have told them there were issues they'd need to disclose?
Chaotic Flame fucked around with this message at 20:56 on Jul 6, 2015 |
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Jul 6, 2015 20:43
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You think they inspected it. Edit: Have you had anyone with knoweledge about cars, excluding somone who's interest is in driving the price down inspect it?
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Jul 6, 2015 20:51
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That's my next course of action.
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Jul 6, 2015 20:57
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Chaotic Flame posted:The salesman said something like "As you can see from the report, no accidents." But wouldn't any inspection they did themselves after purchasing at auction have told them there were issues they'd need to disclose? So long as they didn't do an inspection, or rather you're unable to prove that they did an inspection and that prior damage was immediately apparent, they're probably OK based on their representation above. Is this like an 'investment' car, or a regular car?
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Jul 6, 2015 21:11
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joat mon posted:So long as they didn't do an inspection, or rather you're unable to prove that they did an inspection and that prior damage was immediately apparent, they're probably OK based on their representation above. Regular
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Jul 6, 2015 22:04
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Chaotic Flame posted:When I purchased the car from the dealership, it had a clean vehicle history report and no indication of having been in an accident/damaged. Obviously it did have those indications, you just didn't have it inspected by someone who would tell you that before you bought it. Pre purchase inspections are pretty important on used vehicles.
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Jul 8, 2015 06:36
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My father-in-law bought a timeshare in Florida back during the 90s. He does not live in the US and is not a US citizen. During the early 2000s our country was hit by a pretty big recession and he basically could not afford to make payments on the maintenance fees. Over the years he contacted the timeshare company repeatedly to tell them of his situation and offered to simply give up the timeshare to them as payment for the accrued debt. Long story short, the company said no. At the end of May, this year, he received a notice of intent to foreclose from the company. For whatever reason he held on to it for over a month before giving it to me to look over because I'm a lawyer over here. My understanding of the notice's language is that the company has decided to foreclose the timeshare and should my father-in-law not pay the object, he would immediately lose any Claim of Ownership to the timeshare however all the accrued debt would be forgiven. By now the notice's 30 day period to pay or object has already transpired and my father-in-law never contacted the company. Like I mentioned before, my father-in-law has no intent or desire to keep this timeshare, and as far as he's concerned if the company wants to keep the timeshare they can, he just doesn't want to pay the outstanding balance (approximately $1200). So if my interpretation of the notice is correct, this would pretty much solve all his problems. Where we live, this sort of agreement would not be enforcible because it would be lacking explicit consent from one of the parties, however from what I know, foreclosure laws in the US are usually more lax. I was wondering if I should start looking for an attorney in the US, but it honestly would probably be more expensive than what he owes, and it's not like he lives in the US and has to worry about creditors seeking him out. If not getting involved means that the timeshare is out of his hands for good, that's a win as far he's concerned. Here's a copy of the notice (sensitive details have been redacted out):    Any help is appreciated.
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Jul 8, 2015 20:51
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Where I live, which is not Florida, it goes like this: *default occurs* - Notice of Default - Notice of Intent To Accellerate - Notice of Acceleration *acceleration occurs* - Notice of Posting for foreclosure *Foreclosure occurs* - Notice of Foreclosure. Thats the order of notices in Texas. Which notice you have will tell you where in the process you are, subject to whatever wonky-rear end rules Florida has. I don't know if all of those steps are in your situation, or what their date ranges are. You may already be too late to do anything about it. Call a real estate agent first. One who works in the area of the time share; ask if you can do a short sale or something. If based on that conversation you determine a lawyer would be more beneficial, then contact a lawyer.
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Jul 8, 2015 22:25
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I found it. I found the best legal question ever. quote:Last Thursday a process server came to our house and served a subpoena for a criminal case on my daughter, who was born on April 15, 2015. I called the number on it to explain how it must be a mistake because my daughter is not even 3 months old yet but I was told there was no mistake and my daughter is required to appear as a witness to testify on the date shown on the subpoena. I went in person with my daughter to the DA’s office and was told the same thing. My husband and I thought this might be a case of identity theft. She doesn’t have a social security number yet because she was born at 29 weeks, spent 11 weeks in the NICU and has only been home from the hospital for 7 days so we haven’t gotten around to it yet. We checked anyway just in case and one has not be created for her or issued to her. Nothing with her credit either. We called the police about it possibly being identity theft and they are looking into it but so far there is nothing and they also told us the subpoena is legitimate. So we are very confused. My daughter has a rare and uncommon first, middle and last name, so it is very doubtful that there someone else with her exact name. When I called the number on the subpoena and went to the DA’s office I was told both times that if she doesn’t show up for court a warrant will be issued for her arrest. Would the police actually arrest a baby for not showing up in court? Or would my husband and I as her parents be arrested instead? Does anyone have an explanation for what is happening here or any advice as to what we can do to solve this? I swear I'm not trolling, I wouldn't believe this myself except it is actually happening to us. We are in California.
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Jul 9, 2015 13:16
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She could hire an attorney to quash the subpoena or post on the Internet and listen to idiots
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Jul 9, 2015 13:35
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I don't understand people. "Oh I am in a complex legal situation that I don't understand. If only there were someone out there who understood the law and could give me advice. Better post on the Internet."
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Jul 9, 2015 13:36
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Is there any reason why it wouldn't be easier/funnier to show up with your baby?
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Jul 9, 2015 13:38
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"hello i'm here for the baby deposition, do you have a high chair?"
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Jul 9, 2015 13:38
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I would do the comedy option and just show up but the woman seems very concerned and quashing subpoenas is not hard for a lawyer.
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Jul 9, 2015 13:41
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What happens if you just don't go and the police shows up to arrest your 3 month old baby?
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Jul 9, 2015 13:50
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EAT THE EGGS RICOLA posted:What happens if you just don't go and the police shows up to arrest your 3 month old baby? Well, first they put a set of tiny adorable handcuffs on the baby, and then they put her in the back of a police stroller and take her for a walk down to the precinct daycare for holding.
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Jul 9, 2015 14:08
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Bad Munki posted:Well, first they put a set of tiny adorable handcuffs on the baby, and then they put her in the back of a police stroller and take her for a walk down to the precinct daycare for holding. And if the parents don't show up by lunch time she gets the high chair.
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Jul 9, 2015 14:13
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Kalman posted:And if the parents don't show up by lunch time she gets the high chair. "It's nap time, kiddo."
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Jul 9, 2015 14:14
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