Legal Questions: do not communicate with the demon at all except through your genie

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Richard M Nixon posted:

Wow...that is scary I wonder why we don't have judges and lawyers who have CS degrees (we rock the LSATs) seeing as technical law has emerged so much in the past decades.

Because in a trail, even a technical trial having a good trial attorney is far more important than having an attorney that understands every single technical detail without an expert.
In any event, an expert currently in the field is a far better expert than someone with a BS but hasn't done anything but law in 15 years, even if it is science law.
Further, there are so many different areas of science covered under complex litigation that it would be impossible to have an attorney or judge or understood every subject involved.
Finally, in extremely complex areas a judge may appoint his own neutral expert to make sure that the judge isn't being hoodwinked by biased experts on the other side (like in State v. Chun).

# ¿ Feb 14, 2010 02:49

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# ¿ Apr 26, 2024 14:35

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

The Waffler posted:

A collection agency just sent me a notice of a debt that I owe because of a surgery in 2007. Due to some mistake with my father's insurance being switched three weeks earlier than it should have, my operation was not covered when the bill was sent out. We tried to work with the insurance company but they have done nothing. I do not have near the amount of money they say I owe. I live in Wisconsin. I was over 18 when I had the surgery.

What kind of options do I have in this situation?
Does this debt disappear after seven years?
Are debt collectors going to show up and rough me about?
Is a 4,000 dollar debt going to ruin my credit score?

his is too little to late, but for anyone else, if this happens to you, talk to the hospital before it gets to this point.
Hospitals do not expect to get the full bill back, they mark them up for several reasons, but they will settle for a fraction of the bill and agree to a payment plan.

# ¿ Feb 14, 2010 07:18

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Solomon Grundy posted:

You could probably even find a lawyer to review your contract in exchange for web design services. What state are you in?

Pretty much every solo lawyer or small firm could use some decent web design work. Christ, they have some poo poo websites. I haven't designed anything since the early 2000s, and even then my designs were pretty dated and i could do poo poo better than what they have.
So yes, help them, you may even find a niche market, I hope.

# ¿ Feb 23, 2010 09:42

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

NancyPants posted:

Today I got my oil changed at an independent shop where the mechanic is a friend of my mother's. Last time I make that mistake.

The rocket scientist didn't screw on the crankcase cap when he was done. It's right on top, you can't miss it if you've ever seen under the hood of a car. In fact, it was in the way of properly closing the hood because that's how I noticed something was wrong when I got in the car.

If I had driven the car and damaged the engine through loss of oil, would they realistically be on the hook for fixing or replacing my engine? If I pay someone to change my oil, it's because the weather is crappy and I'm not in the mood to jack up the car and make sure the drain plug is tight, the oil filter has actually been replaced and is properly connected, etc. If I was going to go through that, I'd just change the oil myself.

Obviously if the low oil pressure light comes on I should not continue to drive, I should regularly check the oil level, etc, but how far do I need to go to have mitigated my damages as the law is concerned?

And it sounds backwards but next time I pay someone to change the oil, I'm just taking it to Jiffy Lube.

Yes, they'd be liable if you stopped when the light comes on (FYI, oil lights are basically, "you need to buy an engine" light. if the pressure is that low, it is hosed).

And don't go to iffy lube. They'll do worse than this. Also, they use extremely low quality oils, which is why it is cheaper to go to iffy lube than to actually go to napa and buy oil. And the lube monkeys are paid as much as MCD employees.
Go to a decent mechanic where they don't have some pimply 16 year old change your oil (or DIY).

# ¿ Feb 25, 2010 01:56

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

NancyPants posted:

This was the decent mechanic who worked at an independent shop who wasn't a pimply faced 16 year old kid.

.
.
. I wouldn't have to go over a shop's work, right, I'd just have to stop driving it when I was given an indication that something was wrong?

Obviously, it wasn't a decent mechanic because of the result though. He was a 16 year old at heart, I guess.
Decent mechanics don't do this. I don't think iffy lube is a decent mechanic. They have a long history of this and worse (leaving off the drain cap, accidentally draining ATF not oil, etc)

....

Yes.

Note that the further you go from the garage the harder it is to prove they did it though. However, you ain't going far with your oil cap off.

That said, it is always a good idea to check the oil after an oil change. Overfilling is more common than under filling and will slowly kill your catalytic converter (and that you won't be able to prove).

(I'm a car nerd)

# ¿ Feb 25, 2010 07:54

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Solomon Grundy posted:

An award of punitive damages doesn't help if the defendant is uncollectable.

Makes you feel good?

Mr. Banana Grabber posted:

Quick traffic question.

I live in Colorado and got pulled over for running a stop sign. I got a warning for the stop sign but I didn't have my up to date insurance on me. I was insured at the time and I can prove this with my insurance card. Does anyone have any experience with this and know what I'm looking at punishment-wise?

recommend calling the court. They may let you just fax in some info or come whenever you want. Saves you going to court, which is 2-3 hours of sitting on your rear end followed by 2 minutes of looking at your insurance card.

# ¿ Mar 8, 2010 07:35

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

joat mon posted:

The guy taking your money at the impound lot probably isn't a cop. All he'll care about is whether you've got the money, and whether you can prove it's your car. Maybe he'll ask if you've got insurance.

That might be a problem. Call ahead and find out what documentation you'll need to establish that you're allowed to pick up the car.

Most states with insurance laws require that lots ask for proof of insurance before they release a car. If they don't they can get in a lot of trouble and lose all tows from police. If it is a government lot, there will be no way around this.
Some places may let you tow it out, but you may have to surrender the plates first.

If you don't own the car, at minimum, you'll need a signed letter from the owner authorizing release. This may not be enough in many places, you should call ahead.

JudicialRestraints posted:

You're not required to ask any questions a cop asks in any position where you might be a defendant.

Yes and no.
While you can refuse to answer, when stopped and you can't or won't provide proof, that is a crime.
Further, they are free to not allow the car to leave without proof.

nm fucked around with this message at 01:36 on Mar 19, 2010

# ¿ Mar 19, 2010 01:34

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

JudicialRestraints posted:

Pretty sure you can refuse to answer questions, but they just have nasty institutional penalties (i.e. refusing to take a breathalyzer = losing your license in a bunch of states).

That's why I said in the next sentence that not answering could land you in trouble. For minor crimes it's arguably better for you to tell the truth and take your licks.

Remember though that it can be a crime, not just administrative penalty.
For example, in MN, the law states you must be able to provide proof of insurance as well as having insurance. And if you don't provide you're guilty of failure to provide proof. Which 99% of the time is http://www.somethingawful.com/d/forum-rules/forum-rules.phpthe charge because no one says "I don't have insurance" they say "I don't have my card" and then never provide proof to the court.
Similarly, in Minnesota, if you're stopped under suspicion of DWI and the officer has cause to take a breath sample, and you refuse, you're guilty of refusal. Refusal baically acts as if you had one more DWI. A person with no DWIs charged with refusal is treated as if they had their second DWI. Beyond a longer suspension, there is a much longer jail sentence (with essentially mandatory in custody time), higher fines, longer suspension and more.
Al fo this has been upheld by the courts.

# ¿ Mar 21, 2010 02:32

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

JudicialRestraints posted:

Gonna be honest, that sounds like a 5th Amendment violation to me. I mean, I can see the cops being allowed to CHARGE you for refusal to provide, but making it a crime to not testify against yourself sounds more than a little unconstitutional.

Well I promise you, it isn't thanks to implied consent.

# ¿ Mar 21, 2010 04:33

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Alaemon posted:

Also, do NOT lie to your attorney, either by omission or commission. I'm not saying you will or have -- but people get scared or embarrassed and start lying without any malicious intent, because they think they can keep it to themselves. If there are any certainties in attorney-client relations, these are they:

1. Whenever a client attempts to conceal something from his attorney, it will not stay concealed.
2. When a concealed fact comes to light, it will invariably do so in the most destructive way possible.
3. When your attorney talks to you after this happens, he will tell you that he could have prevented the damage if only you'd told him in advance.

I'd add the caveat that defense attorneys (even good ones) are split between whether they want to know whether you're actually guilty. However, they should have a good vehicle for getting around that like "tell me what the police will say."
But don't loving lie. Nothing is worse than basing a case on facts that turn out to not be facts.

# ¿ Mar 22, 2010 23:46

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

SWATJester posted:

Go find a personal injury attorney. For this kind of case, most will work on a contingency fee basis, and assuming all the logistics on your case are still good, you should expect to have your medical care covered (you'll at a minimum get an IME -- independent medical evaluation -- from a real doctor, not a chiro. Your treatment may also include seeing a chiro, but generally they are worthless).

And talk to the lawyer ASAP, you may be running up against statute of limitations`

# ¿ Mar 26, 2010 04:59

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

LessThanWilly posted:

Well Legal Goons, I missed Jury Duty.

Location: Volusia County, Florida

Letter Postmarked: March 15, 2010
Report Date: April 5, 2010
Day I noticed the Letter: April 17, 2010

How could this happen, you may ask? I am a college student who only uses his school mailbox for sending and receiving mail. My roommate and I have a PO Box for our apartment complex and he is the only one with the key. Due to us not using the PO Box as our main mailing center, he never checks the PO Box. I have no problems serving jury duty, I just honestly never got the letter because my roommate didn't bother to open the mail box... lesson learned I guess.

So, what are the likely consequences?

No certified letter, they can't prove you didn't get it today or ever.
And you didn't get it until today.

# ¿ Apr 18, 2010 04:45

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Incredulous Red posted:

So, basically, your only hope is that he doesn't show up in court. Then you win. But he'll probably show up.

Fun fact.
In Minnesota, for a traffic violation, the cop gets paid overtime for every appearance (even if he isn't due OT) and gets a minimum for 3 hours.
And they schedule trials based on the cop's schedule.
Also, the first appearance is an arraignment. If you show up, they'll likely offer you some sort of sweetheart deal to get rid of the poo poo. Like $50 for a dismissal.

# ¿ Apr 21, 2010 05:20

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Incredulous Red posted:

Yeah, most states are like that. It's a backdoor way of funding the court system.

Actually, it is a backdoor way of funding the government.
When MN raised court fees to $84, not a cent of that increase went to the courts, prosecutors/PDs, or police (unless it went in and made its way out accidentally). Thanks pawpaw!

# ¿ Apr 22, 2010 04:27

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

NancyPants posted:

Was I having a dream, or isn't it completely illegal for cops to set up checkpoints and just pull over X number of cars that are not seen to be performing any violations and request licenses and registrations? I'm not talking about times they set up with five cars in busy areas on summer holidays and they wait for drunks and speeders and whatnot to pull over, I mean pulling over drivers who aren't visibly breaking any laws.

The supreme court has held that DUI checkpoints are perfectly constitutional federally (though some states, like MN they are prohibited on a state level) as long s they only stop every Xth car in the line.
I'm not a fan, but it is fine. These checkpoints actually target unlicensed/suspended drivers, not DUIs and are set up around poorer neighborhoods (because suspensions are basically economic crimes).
Checkpoints within X number of miles from the border are also ok.
Other checkpoints are far more problematic.

Loopyface posted:

Why would that be illegal? You basically agree to allowing the cops to stop you anytime they want when you get your license.

No, no you don't.

# ¿ Apr 25, 2010 21:03

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

PoOKiE! posted:

I do respect your opinion, and if I had not had "the incident" in Oct09, I definitely would think seriously about traffic school even though it really irks me to pay in any way for "violations" that are so open-ended since it just gives them more undeserved credibility. If I let this go, then the much more serious issue I gave up on because of bleeding money, the DUI charge, might come back since I was 4 months into the 1yr supervision at the time

LAWYER LAWYER LAWYER
NOW

This post is legal advice from a real actual criminal defense lawyer.
If something could violate criminal probation (or parole), you need a drat lawyer yesterday even if it is just a traffic ticket.

# ¿ May 3, 2010 06:18

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

hobbesmaster posted:

The odds are incredibly low, they usually only take cases to make a point because they resources are so thin.

Yeah.
I have a client who has a good case for them after I resolve his criminal matter.
Completely new issue, wide-ranging implications, even a pet issue for the ACLU around here. I'm going to refer him but I'm almost certain even this very good case won't be picked up.
Whatever you have is likely even less likely to be picked up.
This doesn't mean try but expect failure.

# ¿ May 19, 2010 02:11

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Xinlum posted:

I don't know yet. I'm still working on getting in touch with the officials and seeing what the legality of all of it is. There was a "lord and god" prayer during a scholarship banquet last week that left me feeling particularly uncomfortable and I just don't want it to happen again. Here's is everything I know based off of a "Rules" list they mailed out today.

I'm sure they will be happy to help you out with telling you if what happened was allowed. Just don't expect them to be your lawyer.

# ¿ May 19, 2010 03:27

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

entris posted:

Go to law school and then practice human rights law. The ACLU always needs new lawyers for its staff and stuff, so it's super easy to get a job there, although it only pays like $80k so it's not great or anything.

You are a horrible person.

# ¿ May 19, 2010 22:42

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Angry Midwesterner posted:

(This is in Minneapolis, in case this offers anyone special insight.)

My friend lives in a big student housing apartment building run by what he calls a "bitchy leasing company." He signed what he says he thinks was a year-long lease, with a move-in date of September 1 last year. He just got a notice from the company that his "move-out" date is August 13. I told him to read his lease, which he's looking around for (and also IANAL, etc.), but his question in the meantime is basically a huge "what the gently caress"? Is this kind of thing common? Can he be made to pay full rent for less than half a month? If there's something to that effect in the lease to that effect is it enforceable? (Also if it's worth it to withhold the last month's rent and dare them to go to court over it. Apparently there is no security deposit or anything else he had to pay ahead of time.)

To me this sounds shady as gently caress, and I really hope the answer is they can get screwed hard. But I know nothing about landlord/tenant stuff except how to fight evictions.

He should definitely read the lease. The apartment compny can probably be made to pony up a copy.
Minneapolis has some of the strongest landlord-tenant laws I've ever seen.
also: http://www.homelinemn.org/

(Grandmarc?)

# ¿ May 21, 2010 05:30

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Angry Midwesterner posted:

Yeah. Do they have a reputation?

I almost moved there but the lease had a bunch of things I didn't like.
Don't recall the details, but he needs to read that lease.
Always read your lease.

# ¿ May 22, 2010 05:47

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Brennanite posted:

Question: In car accident, no injuries, not at fault. Got police report, contacted insurance companies, etc. Our insurance company wants to handle the repairs to my car in-house. If I feel they are off on their estimate (not covering all the damage from the accident or wanting to do additional work), can I take it to a AAA repair shop for a second opinion? Is in-house the normal way of doing this sort of thing? I've never had to deal with insurance companies before. State is AZ.

Most likely yes.
All states Ive heard of give you the right to pick the body shop.

# ¿ May 27, 2010 03:35

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

kimbo305 posted:

Ripped from the headlines!
http://jalopnik.com/5589270/maryland-judge-decrees-pontiac-g8-gt-tail-lights-illegal
If you were advising this guy, what would you tell him to do?

Internet detective work on another forum show that the taillights are stock except:
dark rear end tint
replaced standard bulbs with LEDs.
They look like:

I'd tell him to stop whining like a bitch.
It isn't DOT approved if you modify them, even if the housing still has a stamp.

# ¿ Jul 17, 2010 22:40

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

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?

Murder in the state of California is the "unlawful killing of human being with malice aforethought"
Manslaughter is the "unlawful killing of a human being without malice"
Homicide is not illegal. Certain types of homicide are illegal.
For example, a homicide in self defense is perfectly legal. Similarly, executing someone in accordance with the law is perfectly legal.

# ¿ Jul 28, 2010 21:22

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

JudicialRestraints posted:

This is judge/jurisdiction specific. That said, 'ineffective counsel' is generally really hard to prove. The courts have found that you do not have a right to good counsel or motivated counsel, but simply 'reasonable counsel.'

Refusal to review possibly exculpatory evidence could be ineffective counsel. It really depends what was in the possibly exculpatory evidence and whether the video would have dramatically altered the original charge.

And a lawyer could have a reason to not request certain discovery.
If I have a DUI where my client blew a .18 and there is a potential for dash cam video, but the DA has not provided it, I'm not going to request it, no matter how much my client insists it will show him being completely sober. I know it won't, but it will bring that video to the DA's attention, and he'll play it to show my client was falling over.
That video cannot help my client.

# ¿ Aug 1, 2010 01:44

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Remicion posted:

Am I going to have a chance to talk to the prosecutor before a plea agreement is made (if one is)? Or do I need to go trying to contact them beforehand?

Contact the district attorney's office.
Also, I know of no law that prevents restitution for a felony in CA. I've seen it done a number of times. Unless there is a specific limit on whatever they're charged with, but I can't imagine that is the case.
Also, a $800 combined loss will plea to a misdo in 98% of cases unless they have a really bad rap sheet or it was a robbery (which means they used force).

# ¿ Aug 4, 2010 23:06

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Phil Moscowitz posted:

Even if they fraudulently used his credit card?

At least in my county. Non violent, $800, why bother?

# ¿ Aug 5, 2010 00:07

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Alchenar posted:

Some states have a 'possession by consumption' rule, I think he's asking more if New York is one of them.

(If something is illegal to do while under the influence of alcohol then it will be illegal to do under the influence of narcotics)

In California, being under the influence of meth will result in a greater punishment than possession. mandatory minimum of 90d in jail.

# ¿ Aug 18, 2010 00:18

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Thirding getting a lawyer.
A public defender might be fine (if you can't afford counsel). Dunno the state of FL's PD system though.

# ¿ Aug 24, 2010 03:07

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Childlike Empress posted:

Landlord/tenant question:
1) It seems like at the very least they owe me an extra month of rent, equivalent to if they'd given me 60 days notice.
2) Can I force them to forfeit their security deposit?
3) I don't think I have legal grounds to hold them to the entirety of the lease (i.e. through January).

Thoughts? This is in Virginia, incidentally.

My gut (which is not admitted in VA and doesn't know contract or landlord tenant tells me)
1. Yes.
2. Probably not unless you have some other reason (back rent, damage)
3. Actually you might have grounds. Grounds you'd lose on, but unless VA has some law I don't think a 6 month lease needs to be on paper.

But as I said, my gut only knows CA and MN criminal law

# ¿ Aug 24, 2010 18:01

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

SockPoopeteer posted:

Presumably that your case is strong enough to not get laughed out of court, but not strong enough to win without extremely good lawyerin'.

At least, that's how I read it, and it rings true to my knowledge of such things.

Yup, witha side of difficult to prove facts.
I think it might survive summary judgment, which is my standard for not laughed out of court.

# ¿ Aug 24, 2010 19:42

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

spixxor posted:

So my husband apparently has an old ticket from when he was seventeen for 'minor in possession of tobacco'. He never paid it, so it's still on his record with a nifty Failure to Appear along with it. He just went to renew his license and it's blocked for renewal because of said ticket, even though it wasn't last time he renewed it.

I know the easy answer here is "pay the ticket you dunce" but we're pretty broke with our impending move so my question is this-will the ticket keep him from getting his license in another state, given that it's not a traffic violation? We're in Texas and are moving to Louisiana, if that helps at all.

This is royally loving up our plans to move-we're leaving in a week and now we have to worry over this stupid crap.

Go to court.
There is some odds that poo poo will just get dismissed. There will likely be no way to prove he did it (cop is likely retired), and there is an effective "statute of limitations" on old warrant cases especially if the defendant didn't really flee (no attempt to enforce the warrant). (United States v Marion (1971) 404 U.S. 307). In California, the Serna decision basically presumes that a misdemeanor is gone after being on warrant status for a year.

# ¿ Aug 25, 2010 16:40

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Mousse420 posted:

What if I get rid of the computer and it's not here when cops get here?

This won't make you look any more guilty or anything.

# ¿ Aug 31, 2010 04:22

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

PoOKiE! posted:

VVV Haha thanks, I loved that guy as a kid.

Jesus christ, how old are you?

Oh and his non-legal non-advice was pretty sound in this case, at least for the states I've been in.

# ¿ Sep 3, 2010 18:04

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Incredulous Red posted:

Even a blind squirrel finds a nut once in awhile

Well true, but his batting average is still better than a certain judge I've appeared before.
(This doesn't mean he should be giving non-advice)

# ¿ Sep 3, 2010 18:57

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

ChubbyEmoBabe posted:

I'm trying to contest a (very ambiguous) ticket. "To fast for conditions", with a note of "failure to maintain control of vehicle to avoid collision" as a result of going onto the shoulder (at/below the speed limit) then over correcting an spinning out.

I will note that if you spun out, it is probably going to be much easier to prove this ticket.

quote:

It says this:

...And via proof of certified mail receipt, and the return postmark they are ~5 business days (which should just be regular days since the other schedules to pay, contest, etc are not forgiving weekends) outside of the 21 days for the notice of the hearing. How do I proceed to make a complaint of "prejudice"? Do I make it at the hearing?

Prejudice means your case needs to have been hurt by the the delay.

# ¿ Sep 10, 2010 05:46

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Wreckus posted:

How do you go about finding a pro-bono lawyer for a Criminal case in FL (N. Fl if that matters)? I have a friend, no seriously, who can't afford a lawyer for her sister (and they have no family to turn to for money) who's looking at a decent amount of time in jail (alcohol-related charges) and we don't want her to be railroaded by the PD into a terrible decision.

A pro bono lawyer is called a public defender. And a public defender (a proper government employed one -- which I know at least parts of FL have) is a better lawyer than 90% of your local bar. No one is representing her for free unless they are family or friends.

quote:

For the benefit of the uninitiated, "dump truck" is a term commonly used by criminal defendants when complaining about the public defender. The origins of the phrase are somewhat obscure. However, it probably means that in the eyes of the defendant the public defender is simply trying to dump him rather than afford him a vigorous defense. It is an odd phenomenon familiar to all trial judges who handle arraignment calendars that some criminal defendants have a deep distrust for the public defender. This erupts from time to time in savage abuse to these long-suffering but dedicated lawyers. It is almost a truism that a criminal defendant would rather have the most inept private counsel than the most skilled and capable public defender. Often the arraigning judge appoints the public defender only to watch in silent horror as the defendant's family, having hocked the family jewels, hire a lawyer for him, sometimes a marginal misfit who is allowed to represent him only because of some ghastly mistake on the part of the Bar Examiners and the ruling of the Supreme Court in Smith v. Superior Court, 68 Cal.2d 547 [68 Cal.Rptr. 1, 440 P.2d 65].

People v. Huffman, 71 Cal. App. 3d 63, 70 (Cal. App. 4th Dist. 1977)

quote:

Also, how long can they hold you without an arraignment? It looks like Federal Cases are 48 hours, is that he same for Florida? What happens if they wait longer than 48 hours?

Generally in state law it can be longer, especially if there have been holidays. No admitted in FL, so i dunno.

# ¿ Sep 16, 2010 16:25

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Loopyface posted:

This is not accurate. A lawyer working pro bono isn't necessarily from the public defenders office.

Ok, fine the free lawyer is only going to be a PD or other state funded attorney. I'm trying to twist his words here not be accurate, dammit!
(Also contract defense attorneys are often called PDs as well)

And yes, huffman owns

# ¿ Sep 16, 2010 16:45

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

MonkeyBot posted:

Holy poo poo I suck. This is in Minnesota.

MN is generally at will but is a state that generally actually cares about workers rights so there are likely a few more exceptions than normal.

# ¿ Sep 21, 2010 16:52

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# ¿ Apr 26, 2024 14:35

nm: Jan 28, 2008; "I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

eviljelly posted:

Based on what you've posted, no, it does not sound right to me.

Based on what he says, I would be contacting a malpractice attorney. Maybe it is criminal law bleeding in (where this is an absolute truth), but I don't think you can resolve a case without client consent.

# ¿ Sep 22, 2010 21:47

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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