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excellentcoffee posted:So far, he seems good. The firm does have some good ratings online, but I don't know if that pertains to all lawyers or just a few. Well, without knowing the details of your situation, a good lawyer is either going to get you immunity or tell you not to testify. You're not going to explain your way out of an indictment in the grand jury.
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Mar 22, 2010 21:39
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Yeah, seems like he might be on the right track.
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Mar 22, 2010 22:57
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excellentcoffee posted:So far, he seems good. The firm does have some good ratings online, but I don't know if that pertains to all lawyers or just a few. I realize that right now, you are staring down the barrel of one of the worst times in your life. And this is sort of a delicate point to broach, but I think it needs to be said. It might not be what you want to hear, but I want to speak in the name of realism. Your attorney is coming into the situation on a less-than-ideal footing. As far as securing your interests, you have done a Good Thing. However, retaining the attorney before the grand jury would have been a Very Good Thing. However, you've definitely taken a step in the right direction, and the recent posts you've made confirmed it. You need an attorney, and waiting until you were arrested would be a Very Bad Thing. Your attorney -- no matter how good -- will be unable to work miracles. You are likely to hear "your attorney should do X, Y, and Z," when the simple fact of the matter is that, like almost everything else in the law, what your attorney SHOULD do is enormously reliant on the facts of your case and the laws involved. Now, with that said, the questions you have asked here are sound and valid questions for your attorney, who will be infinitely more familiar than any of us here. How badly did I screw up by testifying before I hired you? What would you have told me to do if I'd hired you before I testified? In a worst-case scenario, how bad could this be? How does my case compare with that worst-case scenario? All of those are fair game and would probably help shape your thinking on your own situation. When these sorts of questions occur to you, write them down on a list and take that list with you the next time you see your attorney. Your attorney is your best source of advice in this case (unless you know another attorney who's more familiar with your facts or law). Anything you get from friends, family members, or internet posters will be based on incomplete information and therefore less reliable. 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.
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Mar 22, 2010 23:15
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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: But don't loving lie. Nothing is worse than basing a case on facts that turn out to not be facts.
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Mar 22, 2010 23:46
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Alaemon posted:Also, do NOT lie to your attorney, either by omission or commission. Thirded. The worst disasters of my legal career have always started with a client concealing information from me.
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Mar 23, 2010 00:41
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One of my friends was arrested this weekend, and I'm trying to figure out how bad the situation is. The charge on the online jail roster says Assault 1 POST-7/1/88. I've found what the general requirements are for Assault 1, but I have no idea about the POST-7/1/88. From what I can gather he went out with his roommates, got shitfaced, and then disappeared from the bar. No one knew where he was for about 24 hours, and then he calls from jail. What I've been told is he ended up in the hospital, and got beligerent with some nurses. So, does anyone know what the POST-7/1/88 might mean(Washington State)? I have no intention of giving him any legal advice, but they won't allow visitation yet, and I really want to come to grips with just how bad this could be.
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Mar 23, 2010 01:32
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The Adama posted:One of my friends was arrested this weekend, and I'm trying to figure out how bad the situation is. The charge on the online jail roster says Assault 1 POST-7/1/88. I've found what the general requirements are for Assault 1, but I have no idea about the POST-7/1/88. From what I can gather he went out with his roommates, got shitfaced, and then disappeared from the bar. No one knew where he was for about 24 hours, and then he calls from jail. What I've been told is he ended up in the hospital, and got beligerent with some nurses. So, does anyone know what the POST-7/1/88 might mean(Washington State)? I have no intention of giving him any legal advice, but they won't allow visitation yet, and I really want to come to grips with just how bad this could be.
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Mar 23, 2010 01:49
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uG posted:My guess is the requirements for Assault 1 changed on 7/1/88 Right, following from here http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.36.011 there is a link at the bottom for effective date, which if you read through turns out to be 7/1/1988.
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Mar 23, 2010 01:53
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I want to send a specific small gag gift that people can order through my website. It is not an adult item. It's a small common household item ( I can't give any specifics right now). The idea is that person A will order it and specify who to send it to (person B). It will be sent anonymously, with a custom message (nothing offensive/threatening). How can I protect myself legally as much as possible? I'm sending something that most people will find funny, but how can I protect myself as much as possible from that person B with no sense of humor that is out there? Would a Release of Liability be enough, if I put that as part of the order form? I know I should probably see a lawyer, which I might do if my idea takes off.
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Mar 23, 2010 03:33
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Juanito posted:I want to send a specific small gag gift that people can order through my website. It is not an adult item. It's a small common household item ( I can't give any specifics right now). Assuming this is just something like a gag gift and nothing illegal, what exactly are you worried you would be held liable for? That the receiving person wouldn't find the gift humorous? That's not against any law. But obviously, if you are going to be doing any commerce on-line you will need to talk to a lawyer and form an LLC. It's such a small cost compared to the liability it protects you from that there's no reason not to do it. If you don't believe your business idea has the ability to recoup those small costs then you really shouldn't be doing it in the first place.
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Mar 23, 2010 05:42
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dvgrhl posted:Right, following from here http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.36.011 there is a link at the bottom for effective date, which if you read through turns out to be 7/1/1988. OK, that makes sense. Thank you for your help.
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Mar 23, 2010 16:06
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Alaemon posted:I realize that right now, you are staring down the barrel of one of the worst times in your life. And this is sort of a delicate point to broach, but I think it needs to be said. It might not be what you want to hear, but I want to speak in the name of realism. Thanks once again. I asked him those questions. Any other tips I can use when working with my lawyer? excellentcoffee fucked around with this message at 18:01 on Mar 23, 2010 |
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Mar 23, 2010 17:46
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excellentcoffee posted:Any other tips I can use when working with my lawyer? When he tells you to do something, listen to him
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Mar 23, 2010 20:47
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Maybe this is another circuit specific question, maybe it is only Michigan specific. But I plead guilty to a misdemeanor possession of marijuana in circuit court (originally charged with felony possession). However when I went to get my PSI paperwork they also have me an order for DNA sample. According to MCL 750.250m DNA samples are taken for felonies and various sex/prostitution crimes. It does not state that what I plead to requires a DNA sample. Is this also up to the judges discretion? My lawyer is at some conference for a few days and won't get back to me for a few days, i'm just curious to know before.
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Mar 24, 2010 21:27
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I'm not sure about your citation. As I have it, MCL 750.250 is forgery of notes issued for debt of state or political subdivisions.
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Mar 24, 2010 23:09
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Alaemon posted:I'm not sure about your citation. As I have it, MCL 750.250 is forgery of notes issued for debt of state or political subdivisions.  (Can't copy and paste from the pdf) http://forms.lp.findlaw.com/form/courtforms/state/mi/mi000393.pdf uG fucked around with this message at 23:36 on Mar 24, 2010 |
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Mar 24, 2010 23:24
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That explains it -- in both posts you said it was under 750.250m, which is what I looked up (and which doesn't exist). What you just supplied is 520m. You had the numbers transposed, and that's what I was following. It happens to the best of us -- today I had to try four times to look up a case, because it was late in the day and I kept mistyping the citation.
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Mar 24, 2010 23:57
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Solomon Grundy posted:Thirded. The worst disasters of my legal career have always started with a client concealing information from me.
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Mar 25, 2010 00:01
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Alaemon posted:That explains it -- in both posts you said it was under 750.250m, which is what I looked up (and which doesn't exist). quote:See other side for list of persons subject to DNA profiling under MCL 750.250m Which is exactly what it says on my order for DNA sample. I wonder if thats a typo, since it has MCL 750.520m everywhere else on the form...
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Mar 25, 2010 00:07
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uG posted:Which is exactly what it says on my order for DNA sample. I wonder if thats a typo, since it has MCL 750.520m everywhere else on the form... Almost certainly -- like I said, 750.250 is a forgery statute, and SCAO forms (though useful) are rarely perfect. I'm a little at a loss for why you'd be subject to testing. There's probably something obvious my work-addled brain is missing, but at present, you've got me stumped.
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Mar 25, 2010 00:21
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In October of 08 I was involved in a car accident in Virginia. My girlfriend and I were rear ended and pushed into the car in front of us. She was driving and I was a passenger. We were in a minivan and got hit by a f-350 hauling a horse sized trailer, and the impact was hard enough to total the minvan. The police determined the other driver was 100% at fault, and he was issued a ticket for failure to control his vehicle. It happened less than a mile from a hospital so, we were driven to the hospital rather than waiting for an ambulance. They did x-rays and said I had whiplash and spinal straightening. I ended up taking Percocet for a couple days, and missed a day of work. After the accident I spoke with an agent from the other insurance company several times, but didn't close my case with them. I never really had the time to deal with it, so I just kept telling them I wanted to leave my case open. Several months ago I got a letter saying they were closing my case, but it could be reopened at any time up until 2 years from the date of the accident(so October 10). Last week I developed some minor neck pain, which turned into major neck pain over the weekend. I ended up going to the chiropractor yesterday, and after taking x-rays his diagnosis was moderate-major undiagnosed trauma in my neck. He stated in his medical opinion this was caused by the car accident. I know technically it isn't too late to do anything about this, but realistically have I waited too long? Is it worth consulting a lawyer?
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Mar 26, 2010 03:28
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I'm in Illinois. One of my friends gets financial aid through the state, it's 2600$ minus her tuition for classes and cost of books, so it usually turns out to be around 1000$ (community college). The check is in her name, but her father is holding it from her, he grabbed it from the mailbox while she wasn't home. Obviously she lives with her parents and is their dependent. He explicitly said he will not fill out FAFSA if she doesn't sign the check over to her (which prevents her from paying for college). What can she do in her situation?
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Mar 26, 2010 03:29
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BigRedCat posted:In October of 08 I was involved in a car accident in Virginia. My girlfriend and I were rear ended and pushed into the car in front of us. She was driving and I was a passenger. We were in a minivan and got hit by a f-350 hauling a horse sized trailer, and the impact was hard enough to total the minvan. The police determined the other driver was 100% at fault, and he was issued a ticket for failure to control his vehicle. It happened less than a mile from a hospital so, we were driven to the hospital rather than waiting for an ambulance. They did x-rays and said I had whiplash and spinal straightening. I ended up taking Percocet for a couple days, and missed a day of work. Was your chiropracter also an orthopedic surgeon? If not, his opinion is meaningless. 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). -e- important questions to ask: what doctor would you be seeing? does the attorney have any business/dedicated referral relationships with the doctor? Does the doctor also own a surgicenter/MRI center/physical therapy and pain management center? These are things to look out for, you don't want to be sent to a doctor mill that is just going to funnel money up the vertical slice to the attorney.
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Mar 26, 2010 04:04
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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).
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Mar 26, 2010 04:59
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After I was married, my wife and I bought a house. Well, I guess *I* bought a house, although she had to sign off saying she gave her permission for me to do so. She was not a signer on the mortgage. Unfortunately, I lost my job two years later, and to make a long story short, we ended up divorcing after losing the house to a foreclosure. Now, my question is this. I am still liable for the foreclosure amount, but would she be considered liable as well? This happened in Michigan, and although Michigan is not a community property state, after some research I found that if the non-signed spouse used their money to help pay for a mortgage, they are legally responsible for said mortgage. Is is feasible to sue her for her share of the debt from the mortgage? This has basically completely destroyed me financially for a long time, and she is living just fine. I feel that because it was purchased while we were married, and that she DID use her income to help pay for it, she should be responsible as well. Any Ideas? I know this type of situation doesn't happen very often. IceWolfe24 fucked around with this message at 16:37 on Mar 26, 2010 |
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Mar 26, 2010 16:18
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Cortel posted:I'm in Illinois. Not an Illinois lawyer, but she should consider calling the police and reporting a theft of the check. If the police won't help, then, theoretically, in my state at least, she would have a civil action for replevin (which is legalese for "give it back"). IceWolfe24 posted:After I was married, my wife and I bought a house. Well, I guess *I* bought a house, although she had to sign off saying she gave her permission for me to do so. She was not a signer on the mortgage. Unfortunately, I lost my job two years later, and to make a long story short, we ended up divorcing after losing the house to a foreclosure. Not a Michigan lawyer either, and not a domestic relations lawyer. But I would expect that these issues should have been worked out in your divorce decree, and your divorce decree probably bars any further litigation of these issues under the doctrine of res judicata. For a definitive answer, find a Michigan family lawyer.
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Mar 26, 2010 19:31
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Solomon Grundy posted:Not an Illinois lawyer, but she should consider calling the police and reporting a theft of the check. If the police won't help, then, theoretically, in my state at least, she would have a civil action for replevin (which is legalese for "give it back"). Actually, at the time of the divorce, there was no knowledge of this debt at all, thus there is no wording in the decree regarding it. I did not learn of the outstanding balance until after the divorce was final. I appreciate your insight, however.
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Mar 26, 2010 21:25
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IceWolfe24 posted:Actually, at the time of the divorce, there was no knowledge of this debt at all, thus there is no wording in the decree regarding it. I did not learn of the outstanding balance until after the divorce was final. I appreciate your insight, however. I don't understand your statement that "there was no knowledge of this debt at all." In your first post, you said you got divorced after losing the house to foreclosure. Are you saying that you didn't know the amount of the deficiency judgment at the time, so you didn't know of the debt? I don't think that flies. Not knowing of the amount of the debt is not the same as not knowing of the debt. Your divorce lawyer should have accounted for the eventual deficiency in the decree. My gut tells me that you are out of luck, but check with a local lawyer.
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Mar 26, 2010 23:59
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Solomon Grundy posted:I don't understand your statement that "there was no knowledge of this debt at all." In your first post, you said you got divorced after losing the house to foreclosure. Are you saying that you didn't know the amount of the deficiency judgment at the time, so you didn't know of the debt? I don't think that flies. Not knowing of the amount of the debt is not the same as not knowing of the debt. Your divorce lawyer should have accounted for the eventual deficiency in the decree. My gut tells me that you are out of luck, but check with a local lawyer. I understand your confusion as I probably should have worded that better. When we lost the house to foreclosure, I was told by the mortgage company that there would be no residual debt from it, as they would be able to sell the house for what we owed. There also was no divorce lawyer, as after that house, we had really no assets outside of two cars, so we did the divorce pro-se. After the divorce was finalized, I heard back from the mortgage company stating that they sold the house at a $85,000 Loss. Thus the situation I am now in. I am sure I will have to consult a lawyer over this, but I was curious if what I was referring to was a known law. Once again, I appreciate your reply.
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Mar 27, 2010 00:27
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IceWolfe24 posted:...I was told by the mortgage company that there would be no residual debt from it, as they would be able to sell the house for what we owed. ...they sold the house at a $85,000 Loss. I don't have any advice to offer, but wow, my condolences. That is a really lovely outcome after they got your hopes up.
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Mar 27, 2010 03:10
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IceWolfe24 posted:I understand your confusion as I probably should have worded that better. When we lost the house to foreclosure, I was told by the mortgage company that there would be no residual debt from it, as they would be able to sell the house for what we owed. There also was no divorce lawyer, as after that house, we had really no assets outside of two cars, so we did the divorce pro-se. After the divorce was finalized, I heard back from the mortgage company stating that they sold the house at a $85,000 Loss. Thus the situation I am now in. Do you have that agreement from the mortgage company in writing anywhere?
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Mar 27, 2010 03:48
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NancyPants posted:Do you have that agreement from the mortgage company in writing anywhere? Unfortunately, it was not a written agreement, but a verbal assessment by them. Nothing legally binding as it is considered speculation on their part. I honestly think they took the first offer handed to them just to be rid of it.
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Mar 27, 2010 05:49
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IceWolfe24 posted:Unfortunately, it was not a written agreement, but a verbal assessment by them. Nothing legally binding as it is considered speculation on their part. I honestly think they took the first offer handed to them just to be rid of it. If you can prove that they let someone lowball them you may have a case. That said, proving this can be hard.
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Mar 27, 2010 07:41
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IceWolfe24 posted:Unfortunately, it was not a written agreement, but a verbal assessment by them. Nothing legally binding as it is considered speculation on their part. I honestly think they took the first offer handed to them just to be rid of it. I don't want to throw dirt on you, and I am sorry for your situation, but this was avoidable if you had hired a lawyer for your divorce. The lawyer's job is to spot issues like this. I think it is still worth checing out with a michigan domestic lawyer, but I think you will find that the fact that this was not accounted for in the divorce decree is going to bar a later action.
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Mar 27, 2010 12:38
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JudicialRestraints posted:If you can prove that they let someone lowball them you may have a case. That said, proving this can be hard. I was thinking next to impossible. I considered this, but neglected to get it in writing. My short-sightedness is at fault here. Solomon Grundy posted:I don't want to throw dirt on you, and I am sorry for your situation, but this was avoidable if you had hired a lawyer for your divorce. The lawyer's job is to spot issues like this. I think it is still worth checing out with a michigan domestic lawyer, but I think you will find that the fact that this was not accounted for in the divorce decree is going to bar a later action. I understand that completely. I was in a bad place at the time, with worries of child support, custody, ect. She and I talked about it, and decided to do a pro-se to keep the cost down. She agreed to Joint Physical/Legal so I jumped on that chance. My kids are the most important thing to me. As I was then unemployed with little to my name, a lawyer seemed like an unnecessary extreme expense. I will still consult a lawyer regarding this, but I am not hopeful. To be honest, to me money is just money. The most important thing to me was the custody I received. That is priceless in my eyes. Thanks again, guys!
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Mar 27, 2010 14:05
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I have a hypothetical situation. If in my house I found print outs of love letters between my fiance, and a professor at a university(she is not a student). These letters are pretty explicit and make it apparent there were relations conducted in his university office. The emails were also sent from his university email account. If I was to send copies of these to this school's newspaper would I be in danger of getting in trouble legally?
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Mar 27, 2010 19:33
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BigRedCat posted:I have a hypothetical situation. Nice "hypothetical". Which state? Also, what exactly are you hoping to accomplish here?
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Mar 27, 2010 19:38
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The hypothetical school is in PA. Basically I want to alert the administration of inappropriate activities on school grounds, but I don't want to have direct contact with the administration.
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Mar 27, 2010 19:54
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BigRedCat posted:The hypothetical school is in PA. Basically I want to alert the administration of inappropriate activities on school grounds, but I don't want to have direct contact with the administration. So this is a revenge thing. Do you care that your fiance is going to get outed this way? Drop the hypothetical. Nobodys buying it.
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Mar 27, 2010 20:03
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I do not care in the least.
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Mar 27, 2010 20:05
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