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Mr. Nice! posted:Yeah, but your police aren’t constantly doing what they can to lock up black people for petty poo poo to keep the beds at the private prison full so the state doesn’t have to pay CCA a penalty for dropping below 95% capacity. drat printers! Sorry, that business card was supposed to read, "Malpractice insurance? No, money down!"
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Apr 21, 2021 14:34
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Arban posted:IIRC the time spent here is counted against any prison sentence isn't it? I can't speak for fishland, but in the usa time spent incarcerated pretrial generally does count towards your sentence. If someone colloquially gets sentenced "time served" their sentence matches the time they spent in jail pretrial. e: added a word to make the statement more accurate after reading joat's post. Mr. Nice! fucked around with this message at 15:39 on Apr 21, 2021 |
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Apr 21, 2021 14:37
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Mr. Nice! posted:I can't speak for fishland, but in the usa time spent incarcerated pretrial does count towards your sentence. In my jurisdiction, you get credit for time served - unless the judge says you don't. The only limitation is that the sentence + pretrial incarceration time can't exceed the maximum punishment for the crime.
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Apr 21, 2021 15:36
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joat mon posted:In my jurisdiction, you get credit for time served - unless the judge says you don't. The only limitation is that the sentence + pretrial incarceration time can't exceed the maximum punishment for the crime. In mine concurrent credit for all pretrial time served is mandatory, which really helps people with a lot of misdemeanor charges and long strings of re-arrests for things like public disorderly conduct etc. 99 times out of a 100 they just need mental health or substance abuse treatment anyway, jail isn't gonna accomplish anything. Nice piece of fish posted:Wanna know how your your entire field is treated in Norway? Does Norway assign a possibility of jail time for, like, reckless driving, or first-offense DUI, or "breach of the peace" / public disorderly conduct? Or driving with a suspended license, or misdemeanor assault without battery, or . . . list goes on One jurisdiction I'm in still has a "disorderly person" offense on the books. Dates to the jim crow era of course and is vague to the point that even the prosecutor agrees it's an unconstitutional law, but it's still on the books so people still get arrested under it every so often (officers know the fine is higher than for the standard state level "disorderly conduct" standard, and many people will just pay the ticket or plead). And technically it carries the possibility of a 30 day sentence. Note that I have many clients who have been waiting 3+ years for their first-offense misdemeanor DUI case to hit trial, and some who've been waiting four or five. We file speedy trial motions, but the state statute has an "unless good cause shown" provision, so bleph. Covid too delaying everything. Hieronymous Alloy fucked around with this message at 15:44 on Apr 21, 2021 |
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Apr 21, 2021 15:41
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Parolees are really getting hosed by our inability to have trials right now. Does the ACLU or any other organizations have active lawsuits pertaining to the due process disruptions that are occuring all over the country as a result of Covid-19?
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Apr 21, 2021 16:56
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Arban posted:IIRC the time spent here is counted against any prison sentence isn't it? Yep. Usually time and a half or something like that too, jail pending a trial doesn't count leave periods and such I don't know the math offhand. Hieronymous Alloy posted:Does Norway assign a possibility of jail time for, like, reckless driving, or first-offense DUI, or "breach of the peace" / public disorderly conduct? Or driving with a suspended license, or misdemeanor assault without battery, or . . . list goes on Almost all minor felonies (prev. misdemeanors) carry some possibility of prison time, and usually max out at 6 months. It's rarely used. Fines are a lot more common and anything below a normal sentencing of 60 days is usually changed to a probation. You get jail time pending trial if the police request it, they can claim it's needed for the investigation/spoilage of evidence (or there's special cause), and it's a serious felony with a significant prison time at play. Talking years. Four weeks or maybe eight is common for less serious but still jail-worthy crimes, murder is almost as long as it takes. So far this year we have had no murders. Also we have a speedy trial requirement that would leave all those clients of yours without penalty but also that sounds like it's well past the statute of limitations.
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Apr 21, 2021 18:36
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Nice piece of fish posted:So far this year we have had no murders. Man, I know that having a kid was slowing you down, but that's pretty rough. Remember to take time for your hobbies when you can!
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Apr 21, 2021 19:43
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Yeah we don't have a statute of limitations on criminal charges in our state. That said it wouldn't apply anyway because they're all arrested they've been charged it just takes that long to get to trial. What happens is that a lot of homeless and indigent people just do thirty days (or rather 21 with good behavior credit) because they can't pay their bail, then get out when they max out, then vanish again because homeless. So it's a crapshoot whether or not they even find our about their eventual court dates. Basically America doesn't have a justice system just a legal system. I do expect to be filing a shitload of speedy trial motions over the next year, once court reopens.
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Apr 21, 2021 19:53
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BigHead posted:
I got another question about the Chauvin trial... He was found guilty of three separate counts, how does that work? He murdered one guy, shouldn't he just be guilty of the highest count? Like how can you be guilty of murder and manslaughter of the same person?
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Apr 21, 2021 22:54
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Bucnasti posted:I got another question about the Chauvin trial... If the murder conviction is overturned but not the manslaughter one es still guilty of manslaughter.
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Apr 22, 2021 00:08
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The sentences don't stack. If you're guilty of "lesser included offenses" you serve whichever sentence is longest, and then you're done. It's basically insurance in case the higher charges are overturned on appeal.
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Apr 22, 2021 00:19
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Captain von Trapp posted:The sentences don't stack. If you're guilty of "lesser included offenses" you serve whichever sentence is longest, and then you're done. It's basically insurance in case the higher charges are overturned on appeal. They absolutely can stack. One’s sentences to multiple offenses can concurrently or consecutively. It’s up to the judge.
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Apr 22, 2021 00:38
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My not-a-lawyer understanding from the news is that Chauvin's sentences can't stack per the way sentencing works in Minnesota. But I could certainly be wrong, and would love to know.
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Apr 22, 2021 01:01
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Mr. Nice! posted:They absolutely can stack. One’s sentences to multiple offenses can concurrently or consecutively. It’s up to the judge. While true generally, not true for lesser included offenses - they explicitly cannot be sentenced twice for the same act because it’d fall into the double jeopardy clause.
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Apr 22, 2021 01:04
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Captain von Trapp posted:My not-a-lawyer understanding from the news is that Chauvin's sentences can't stack per the way sentencing works in Minnesota. But I could certainly be wrong, and would love to know. Was listening to radio coverage today, they literally said that they COULD stack, or not, depending on what the judge thinks. Not that a NPR host is an authority, but that seems the sort of thing they could easily fact check.
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Apr 22, 2021 01:41
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evilweasel posted:If the murder conviction is overturned but not the manslaughter one es still guilty of manslaughter. That makes sense. Thank you.
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Apr 22, 2021 01:55
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Bucnasti posted:I got another question about the Chauvin trial... Good question! The Double Jeopardy clause of the United States Constitution (applicable to the states via the Fourteenth Amendment) prohibits a person from twice being put into jeopardy for the same offense. There are two main categories of things that can "put someone into jeopardy." The first is what you are probably familiar with: if the government takes a case to trial and loses, the government cannot simply re-try that case. A re-trial is barred by double jeopardy. The second and much more common application is doubling up someone's sentence for the same offense. So you hit the nail on the head, "he murdered one guy" is what the defense attorney is going to argue during the "merger" phase of sentencing. "Merger" means two or more guilty verdicts merge into one singular conviction, thus effectively erasing at least one of those counts. So since Chauvin committed manslaughter and Murder 3 and Murder 2 for murdering the same guy, his defense attorney is going to ask for the manslaughter and Murder 3 to "merge" into the Murder 2. Thus he will only be convicted of - and sentenced for - a singular count of Murder 2. Whether or not two counts merge have to do with, among other things, whether the different counts serve to address different societal interests. There are lots of exceptions to this. Here's an example. A drunk driver is driving down the road and hits a pedestrian, thus committing both a DUI and an Assault 2nd. Those two counts would likely not merge, because the societal interests of criminalizing DUI and the societal interests of criminalizing hurting another person are different enough that the government may separately punish a person for violation each of those societal values. In an average murder case, prosecutors (at least in Alaska) almost always charge Murder 1 / Murder 2 / Murder 2 / Manslaughter, thus charging four counts for "he murdered one guy." There are reasons to do this. Some are quite technical, like some technical defenses only apply to certain elements in certain counts but not to other counts. But mostly it's practical. A prosecutor wants to not put all of his eggs in one basket. Charging with a sole count of Murder 1 means two things: either the jury is going to convict or they are going to acquit on that one count (absent lesser-included jury instructions, but the prosecutor who trusts a judge to not gently caress those up is a bad prosecutor). Charging with all four means a prosecutor can say "hey you can believe that we've failed to prove specific intent to murder, but he for sure at least knew what he was doing was dangerous enough to kill someone." There's a lot more grey area and wiggle room for the jury. And, very importantly, there is a lot more grey area and wiggle room for an appellate court. The court of appeals can overturn the Murder 1 conviction but let the Murder 2 conviction stand, for instance. If a guilty verdict is returned on all four counts in a typical murder scenario, a prosecutor will stipulate to merge all the lesser counts into the highest surviving count. So let's say that, like here, a jury finds guilty on all three counts. If the defense attorney is successful in arguing that the two lesser counts should merge into the highest count, those two lesser counts have their verdicts simply erased from the books. The judge only accepts the verdict and actually convicts the defendant of the highest count. Whether or not they are going to merge is a technical and very fact specific question. I would guess they are going to merge, just because I would expect that to happen when "he murdered one guy." When three guilty verdicts merge into one conviction, the defendant receives only one sentence. Thus, the scenario complies with the Double Jeopardy clause. Now, as Mr. Nice pointed out, the question of whether two convictions (notice I used the word "convictions" not "guilty verdicts," so the convictions have survived merger) can be sentenced concurrently or consecutively is an entirely different question. That requires detailed knowledge of the applicable statutes and case law that I do not have. The merger analysis is a U.S. Constitutional issue so all criminal lawyers in the U.S. are familiar with that analysis. BigHead fucked around with this message at 06:42 on Apr 22, 2021 |
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Apr 22, 2021 06:36
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sullat posted:Man, I know that having a kid was slowing you down, but that's pretty rough. Remember to take time for your hobbies when you can! *that the police are aware of
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Apr 22, 2021 17:48
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Nice piece of fish posted:*that the police have announced There very well may be a diabolical game of cat and also cat happening right now.
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Apr 22, 2021 18:33
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My vague recollection from knowing some MN criminal law once is that the sentences cannot run consecutively in this case.
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Apr 23, 2021 02:36
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Extended family member kicked the bucket and they left 0 indication of what belongs to who and they also left no medical directives while they were in the hospital during those final weeks. My parents are getting older and I super-duper dont want to go through that. Are there official, legally binding documents I can find online for California for healthcare wishes and who-gets-what once the bucket is kicked? I already know what both their healthcare wishes are but apparently that means nothing if its not written, signed, and stamped by some observer with a certificate.
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Apr 23, 2021 04:02
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buglord posted:Extended family member kicked the bucket and they left 0 indication of what belongs to who and they also left no medical directives while they were in the hospital during those final weeks. Get a your parents to get a lawyer, they’ll make sure you get the right paper work, it’s done correctly, and you don’t miss any paper work. Hospitals won’t risk not treating a patient if there are issues with paper work, better to get sued for saving a patient then letting one die. Also they’ll tell you how to set everything up to save the most money / taxes / not be on the hook for end of life medical bills. There are also a lot of things to consider inheritance wise that the lawyer will know of that you or your parents might not EwokEntourage fucked around with this message at 05:45 on Apr 23, 2021 |
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Apr 23, 2021 05:42
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buglord posted:Extended family member kicked the bucket and they left 0 indication of what belongs to who and they also left no medical directives while they were in the hospital during those final weeks. Completely seconding Ewok here. This is so wholly within a lawyer's competency, and should not be done using plug and play forms online, as this is an area of law where the documents need to absolutely be correct. The two documents you're talking about are called a living will or advance care directive for healthcare instructions, and a will to dispose of property after death, and given that you asked the question at that level, I would strongly discourage you from trying to do them as a layperson. A lawyer will know all about how to write them so they're binding and what formalities to go through for execution, signing, etc, and will also talk your parents through storage, advising people, etc, so that if they do end up in hospital in some emergency their wishes are heeded.
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Apr 23, 2021 13:15
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quote:but apparently that means nothing if its not written, signed, and stamped by some observer with a certificate. That seems fundamentally correct to me?
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Apr 23, 2021 13:23
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buglord posted:I already know what both their healthcare wishes are but apparently that means nothing if its not written, signed, and stamped by some observer with a certificate. The problem is that will and estate law involves a lot of "terms of art" and varies a lot from state to state. The "boilerplate" "standard forms" you would download online are going to contain a lot of default language that 1) might *appear* clear to you but actually mean the exact opposite of what you think, and/or 2) *appear* clear to you but whoops that provision is invalid in california so *random other thing you don't want happens*, and/or 3) fail to provide for something that California does by default unless you say otherwise explicitly (i.e., default share going to spouse / children etc.) Go to a lawyer. If the estate is large enough it'll be worth doing. Even more importantly, if there is an estate, *talk to a lawyer about elder law planning / medicaid planning*. Otherwise literally everything your folks own will get swallowed up by end of life healthcare costs. It happens every time unless you specifically plan to prevent it, and you're going to need to talk to a lawyer to make that plan. Your families' health care desires won't matter if they can't pay for those desires because they've hosed up the financial planning.
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Apr 23, 2021 13:39
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Even if you have proper documents there is no guarantee the hospital will follow them or family wont Sue to revoke them etc etc
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Apr 23, 2021 14:35
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One thing you may be able to do depending on exact situation is talk to the hospital system your parents are in. The hospitals and California both very much want someone authorized to make decisions for any potentially incapacitated person. You won't get any fancy conditional thing, but a sufficiently large hospital will be able to help you with a legally effective form essentially saying "If I can't make medical decisions for myself, XXX can make them on my behalf". The state also has a standard form, but it is better to go through the hospital to have less chance of messing up + so it is in their system. Money stuff you will have to go through a lawyer, this is just who is authorized to make healthcare decisions. It will also still be somewhat of a mess if there is anything contentious like immediate family that wants conflicting things to happen.
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Apr 23, 2021 19:03
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Any suggestions on how to pick a Social Security disability attorney? My fiancée is disabled and we’d like to file for benefits, and from what I’m led to believe there’s no real downside to having an attorney’s assistance as they’re paid out of whatever is won in back-benefits. E: we live in Indiana. Lawnie fucked around with this message at 03:09 on Apr 24, 2021 |
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Apr 23, 2021 21:54
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Normally call your county bar referral service with what you need and they'll set you up with a consultation. Might need to try state bar referral service for your issue because it can be a niche area. If you post your state some posters ITT may be able to PM recommendations.
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Apr 23, 2021 23:04
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Where do you live
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Apr 23, 2021 23:05
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Usually I’d say county bar referral but that is a federal case and they may be better off with a city firm
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Apr 23, 2021 23:05
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We live in Indiana. Thanks for the advice to call the bar referral associations!
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Apr 24, 2021 03:09
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I have a couple of felony heroin possession charges from Cook County, Illinois. On a background check, the offenses read "POSS AMT CON SUB EXCEPT(A)/(D)" under the description. One of them dates back to 2011 and the other 2012. From what I gather online it looks like I can have these sealed because enough time has passed. I have not gotten in any trouble since then. I now live in Seattle, WA and would like to get them sealed. Is this possible without flying into Chicago to go to court? I see a lot of sites when googling that offer to take care of it, but I can't tell if they are scams or not and I'd like some recommendations. I can pay for a lawyer but I'm not looking to get ripped off if it's just some forms that need to be done. Can anyone offer any advice on getting my record fixed?
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Apr 25, 2021 22:51
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UglyAnarchist posted:I have a couple of felony heroin possession charges from Cook County, Illinois. On a background check, the offenses read "POSS AMT CON SUB EXCEPT(A)/(D)" under the description. One of them dates back to 2011 and the other 2012. From what I gather online it looks like I can have these sealed because enough time has passed. I have not gotten in any trouble since then. I now live in Seattle, WA and would like to get them sealed. Is this possible without flying into Chicago to go to court? I see a lot of sites when googling that offer to take care of it, but I can't tell if they are scams or not and I'd like some recommendations. I can pay for a lawyer but I'm not looking to get ripped off if it's just some forms that need to be done. Can anyone offer any advice on getting my record fixed? https://cookcountybar.org/lawyer-referral Not Internet advertising for that kind of thing.
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Apr 25, 2021 22:58
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UglyAnarchist posted:I can pay for a lawyer but I'm not looking to get ripped off if it's just some forms that need to be done. A sentence that's launched a
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Apr 25, 2021 23:26
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Motronic posted:https://cookcountybar.org/lawyer-referral Thank you for this. Would you know if I actually need to fly in for this or can this be done by the lawyer? Maybe even remotely because of covid?
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Apr 25, 2021 23:39
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You'll need to talk to a lawyer practicing there for how each court handles those cases, especially during COVID.
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Apr 26, 2021 00:12
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UglyAnarchist posted:Thank you for this. Would you know if I actually need to fly in for this or can this be done by the lawyer? Maybe even remotely because of covid? This is what you have to ask the lawyer you talk to.
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Apr 26, 2021 00:38
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Makes sense because I'm sure each state/county/etc is handling it differently. I appreciate the bar link so I don't get ripped off on Google results promising to clear your record. Thanks for the help.
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Apr 26, 2021 00:48
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Yeah, the standard response for stuff like that is “talk to a local practitioner” especially now where courts are maybe virtual or maybe in person. They’ll be able to tell you what you’ll need to do and if you need to appear in person, and usually can give you a lay of the land in a consult that’s either free or relatively low cost. For a felony, you definitely want to get an attorney to cross the i’s and dot the t’s.
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Apr 26, 2021 00:54
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