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JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
So long as the police follow a regular and verifiable pattern of stopping cars, there is no constitutional issue. This can mean every car, every third car, every red car, etc. It could possibly extend to every foreign car, but I don't recall any language specifically on point for that. In order to show discrimination, there has to be some showing of discriminatory intent on the part of the police. Showing a disparate impact on people of [protected class] isn't necessarily enough, although it will weigh strongly in court.

If the police were stopping every Cadillac Escalade with spinners or Honda Civic with a huge gently caress-off spoiler, that would probably be unconstitutional.

Also, I'm an attorney in Tennessee and I'm happy at least to read and maybe to answer any questions via pm or email if you don't want to post it in the thread of some reason.

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JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

Angora posted:

Is this a crime?

The president and CEO of a non-profit organization privately owns the land that buildings the non-profit uses are built on. He rents out the land to the non-profit organization.

With no other information, so long as the rent is a reasonable amount I don't think there would be a problem.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

nm posted:

Let's assume that you are receiving the refunds and products legally, this is a big assumption as rebates on a used product happens precisely never.
The terms of the refund may prohibit re-sale. This could open you to civil suit.
However this whole thing smells fishy.

I think you're looking at it backwards. This sounds in principle more like buying something on sale at Target and then returning it to WalMart at full price.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

Green Crayons posted:

Replace "prosecuting attorney" with "officer who wrote the ticket," and that's what I've seen go down. Namely because I've never seen a prosecuting attorney in traffic court.

Oh, and less about lunch dates and more conversations about family and hunting.

I've dealt with prosecuting attorneys in some Tennessee counties for tickets against commercial licenses, but they are prosecuted in sessions court so it wasn't really traffic court.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
I am a Tennessee lawyer and I am not addressing your case specifically, nor am I giving you legal advice on this matter. I don't normally handle debt collection.

Until you have been served with a summons to appear in court, it is not a lawsuit. No matter how official a letter looks it does not mean you are being sued.

I'm not answering the rest of your post because I do not know that area of law or enough about your situation. I wouldn't go out of my way to tell them that I owed the money 3 years ago, though. If you're in Knoxville, send me an email at my username at gmail and I can try to help you out.

JesustheDarkLord
May 22, 2006

#VolsDeep
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Iakona posted:

I'm in Arkansas, and before you tell me I already know I'm an idiot.

I was in an accident Monday, and received a no insurance ticket. The accident wasn't my fault. I had court this morning expecting just to get a no insurance ticket, and instead the judge tells me I'm facing a class A misdemeanor with up to 1 year and a $2,500 fine, so I plead not guilty. They gave me a public defender, but I'm not even going to talk to her until 5 days before court on a Thursday. I have court the next Monday. I'm starting to freak out a little bit.

Should I call a criminal lawyer? I have no previous record, but this is starting to scare the crap out of me...I can't go to jail.

What sort of defenses do you expect an attorney to raise for you, public defender or otherwise? I don't know Arkansas law that well, but as I recall it's similar to Tennessee law (law school in Memphis so it covered some Arkansas and Mississippi law).

If you were in an accident the officer can check both parties insurance regardless of fault. You are required to have insurance and did not. You're unlikely to have some neat legal legerdemain that gets you a not guilty, and a public defender is just as capable of making a good plea deal as a private attorney. Save hiring a private criminal defense lawyer for when you have a better case. This is not legal advice as I do not practice in Arkansas, I do not know the details of your case, etc.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

SlenderWhore posted:

I was pretty much barely speeding.

Get this part out of your mind and quit saying it. You were speeding and you failed to appear in court.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

Green Crayons posted:

227 words to say "these are jokes, don't actually do them."

People giving legal analysis in the legal question thread.

JesustheDarkLord
May 22, 2006

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MrNemo posted:

Question regarding contracts in UK law (not sure if that's something that's likely to be a deciding factor or if this is a more general thing) but if a contract has numbered clauses and the person that put it together managed to totally misnumber them (so there are two clause XII's and no clause VI or IX) is this likely to have any effect on enforceability of said contract?

My layman's thinking is it just makes them look dumb as the clauses appear to operate independently and don't reference one another but is there an issue with possibly inserting new clauses as the missing numbers, etc.?

It's commonplace to have a heading in a contract specifying that the numbering and titles are for convenience only and in no way intended to be considered when interpreting the contract. Even without that clause, any judge in any court in which I practice would probably tell me to shut up if that were the crux of my argument.

Obviously, if there is some ambiguity from it (like an important clause that refers back to Section XII and it would really matter which one it meant), an issue exists.

JesustheDarkLord
May 22, 2006

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betaraywil posted:

IANAL, but I'm pretty sure we got rid of debtors' prisons.

I deal with child support contempt defendants regularly, many of whom are incarcerated with a purge payment set. If they make the payment, they can leave at any time but otherwise they serve up to 180 days. If you are under a court order to pay (or do anything else) and you don't do it, you can be charged with contempt of court and face imprisonment.

JesustheDarkLord
May 22, 2006

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fordan posted:

$1000, or $1000 each? I wouldn't think a single lawyer would be able to represent both sides of a divorce, right?

If it's agreed a single lawyer can handle it, although he or she doesn't really represent both parties.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
https://www.laet.org/

If you are in east Tennessee, contact Legal Aid of East Tennessee at the link I gave. I assume similar organizations exist for the other grand divisions, but I deal with the east Tennessee variant.

If you are in Sevier County there is a fair chance I represent your boyfriend on a related matter so I will not say anything else regarding this matter.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

Busy Bee posted:

Is there a way to contact a bail bondsman and pay the 10% fee to get the original bail money back?

Probably not. The entire bonding business is built on collecting 10% of the bond and then putting up the money for people who don't have it. They don't offer interest-free loans.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

Alchenar posted:

Why are you worried that you will fail the test?

Don't answer this and incriminate yourself.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
I am an attorney in Knoxville, TN, and I will do goon lawyering for a regular fee but it has to be paid up front because I don't trust goons.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
I don't make appearances in court or at mediation before payment, but for poo poo like agreed divorces I just ask for payment at the time of signing.

JesustheDarkLord
May 22, 2006

#VolsDeep
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Nolo means you are choosing not to fight it, but not admitting guilt.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

woozle wuzzle posted:

I could be wrong, this is just half-remembered from the bar. Either way, we end up at the same place of call the trustee. :)

I don't handle probate, but my recollection from prepping for the Tennessee bar is that you must specifically exclude a child by name in order to eliminate that share. In this case, the fifth child would get to collect a share.

JesustheDarkLord
May 22, 2006

#VolsDeep
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Flaggy posted:

Can employers spy on their employees with hidden microphones?

How well are they hidden?

JesustheDarkLord
May 22, 2006

#VolsDeep
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Diplomaticus posted:

Posting on behalf of a banned/probated user, while not expressly mentioned in forum rules, seems to be a pretty good way to get probated/banned one's self. Even if it is utterly hilarious.

"On behalf of" is not the same as posting a PM you got from him to mock.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
http://www.wbir.com/news/article/283997/2/Judge-orders-babys-name-be-changed-from-Messiah

Y'all might enjoy this! I was in court on a couple of unrelated cases last week and got to see this hearing. I didn't say anything because I have a lot of business in front of her, but I don't agree with this decision. This is the same court that literally opens with a prayer asking that "justice be done in the eyes of our savior, Jesus Christ."

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

Diplomaticus posted:

Find a Jewish judge to declare it reversible error

This is Appalachian Tennessee. There are no Jewish people.

JesustheDarkLord
May 22, 2006

#VolsDeep
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200 and 400 miles away.

JesustheDarkLord
May 22, 2006

#VolsDeep
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Diplomaticus posted:

They have appellate courts in Appalachia?

-e- Unless you're actually seriously arguing that no Jewish people live in that area, in which case I don't even know what to tell you.

While I'm exaggerating some, check out the local breakdown:
http://www.city-data.com/county/religion/Cocke-County-TN.html

Judge Ballew is a child support referee, which is basically a special master with jurisdiction over setting support, support contempt, and name disputes. Appeals from her court go to the county Chancellor or one of the Circuit judges for the district depending on the origin of the case.

Appeals from there go to the Eastern Division of the Court of Appeals, which consists of four non-Jewish judges. After that is the state Supreme Court which probably has at least one Jewish justice but I've never been in front of them so I'm not that familiar with them.

Is there a better thread to discuss bad rulings? This is the only legal thread I follow.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
Yes but congratulations on not paying rent for a year.

JesustheDarkLord
May 22, 2006

#VolsDeep
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discarded box posted:

It's crazy you don't have any kind of rights after staying in a place for over a year.

Why do you deserve special rights to be in this place that someone else is paying for? Look at it from his point of view and it makes more sense.

In my jurisdiction, he would not need to go to court based on what you have said, but yours may be different and what you have told us may be incomplete or made up.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

themrguy posted:

My girlfriend got a DUI the other night, can anyone recommend a good website for information that isn't some lawyer trying to drum up business?

Why would you want someone who doesn't want business?

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

euphronius posted:

I have a trial on Monday where the defendants are phoning in for their testimony. It's no big deal.

Most of my clients phone it in too

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
If you'll send me your fax number I'll send over a representation agreement and then as soon as I get some money I'll write you an example.

JesustheDarkLord
May 22, 2006

#VolsDeep
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Duckboat posted:

Idle curiosity here.

Say someone wrote a check for a certain amount, call it $100, at a point when they had enough money in their account. However, they suck at balancing a checkbook because this isn't the 1950's anymore, and the check overdrafts the account. The person deposits money in the account and makes sure the bill is properly paid as soon as they notice the discrepancy.

Has anything other than stupidity on the part of the checkwriter occurred?

Assume Massachusetts.

You're hosed

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
Yep, you caught us. You're free to do whatever you want to do and don't need to talk to a lawyer now.

JesustheDarkLord
May 22, 2006

#VolsDeep
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When I was clerking for the City of Knoxville Law Department back in the day, some lady won in traffic court over a city attorney using sovereign citizen arguments. It was hilarious.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
I still have to file things in Circuit or Chancery and have yet to figure out the real difference. I learned it for CivPro, obviously, but I can't actually explain it.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
Tennessee has Chancery courts, which are annoying.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

PongAtari posted:

"Yes."

There's a section on the back of the ticket you can fill out that would serve as an affidavit saying you aren't the pictured driver, but being out $40.00 would suck less than going to court for perjury charges.

God drat people are stupid

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

Lobsterpillar posted:


Who do I need to kill to get my loan forgiven?

Yourself

JesustheDarkLord
May 22, 2006

#VolsDeep
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Reason posted:



vv - I guess? I mean I've read some stuff saying that leases CAN'T automatically renew(even if stated in the lease) and I've read stuff saying the opposite, so I'm looking for actual knowledge.


Maybe you should hire one of the many people in your area whose job is to give you actual knowledge of the law in your state.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy
I just copyrighted that so you owe me money, hypothetically.

JesustheDarkLord
May 22, 2006

#VolsDeep
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I've been paid in moonshine

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JesustheDarkLord
May 22, 2006

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We also got weekly pizza for a year one time from a dui client whose parents owned a pizza place.

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