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joat mon posted:Motion to withdraw plea on the grounds that the plea was not intelligently made. (not as in you were dumb to plead, but that you did not have enough information to make an intelligent choice to plead) Thanks for the tips on the FOIA route also. I was thinking about that sort of stuff before but I guess I just figured they destroyed any video shortly after they decided on what to send and since I didn't see what they sent until after 50 days from the judgement, I figured being successful in that was slim to say the least. JudicialRestraints posted:If you're too poor for an attorney you might be able to half rear end it by sending letters to your state attorney general asking for help on open records stuff. I know in Wisconsin we have to answer citizen letters. Interesting, I'll have to find out if IL works similar. It was really cool when I called a couple resource centers law schools that I was able to get some somewhat informative info(of course with the "this is not legal advice" mumbo jumbo)...it would be great if the attorney general worked similar. I'm not too concerned with the missing videos as a way to reopen my case since I basically just have to file a similar motion that I already have, but put "rule 2-1401" at the top instead and attach a detailed affidavit to it when submitted. As far as I can tell, anything I would want to preserve on appeal would have to be included in this petition in case they dismiss it for whatever reason so that an appeals court would be able to address the issues since the court records are nearly empty on everything. I think I've decided to just describe my claims of illegal arrest and insufficient evidence in full since even if prosecution knew my plans, saying anything different would be going against the sworn statements of the officer which would also help me, although not as much. I would, however, like to be playing with a full deck like they are by having access to what I should have been entitled to. Plus, the officer had it out for me from the beginning and in my lawyer's words was being difficult in everything and wanted my "head on a platter, or some other body part..." ***You guys are awesome BTW... You have no idea how nice it is to get some good insight on certain things that aren't really clear after spending months of reading pages and pages of single-spaced, Times fonted, case law. I cleared a weeks of cache from Google Chrome today and it free'd up 500+MB That's a whole lot of space for what is essential 98% text from Google Scholar cache.*** PoOKiE! fucked around with this message at 12:31 on Aug 1, 2010 |
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Aug 1, 2010 12:15
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SWATJester posted:I don't see that the church is organizing anything here. Uh, that's why it matters how the facts shake out. 
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Aug 2, 2010 16:33
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The first time someone shows me a church organizing underage prize fights I am going to join in a heartbeat.
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Aug 2, 2010 16:39
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Me too. It would be pretty rad.
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Aug 2, 2010 17:09
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JudicialRestraints posted:The first time someone shows me a church organizing underage prize fights I am going to join in a heartbeat. Do you know how long I've been wanting to do a bareknuckle match in a basement? Especially a church basement? My god. Let's start a church.
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Aug 2, 2010 18:11
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- edited.
natedogcool fucked around with this message at 18:06 on May 5, 2011 |
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Aug 2, 2010 18:17
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CaptainScraps posted:Do you know how long I've been wanting to do a bareknuckle match in a basement? Especially a church basement? So. In.
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Aug 2, 2010 18:17
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CaptainScraps posted:Do you know how long I've been wanting to do a bareknuckle match in a basement? Especially a church basement? I am so down with this. Who will we pray to? I am picturing a version of Jesus that looks a bit like Brad Pitt's character from Snatch. (Not Bard Pitt's character from Fight Club)
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Aug 2, 2010 18:23
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 Basically this
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Aug 2, 2010 20:41
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Can we claim tax exempt status on the vig?
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Aug 2, 2010 21:00
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Here's your pastor: http://www.nytimes.com/2009/01/11/magazine/11punk-t.html
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Aug 2, 2010 21:12
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eviljelly posted:
Haha, I'd join. I'd imagine the "church fighters" would be just like the real strict church girls and turn into freaks when unleashed. Would be some of the best fights ever 
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Aug 2, 2010 21:26
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QUESTION: I hear again and again from everyone that under no circumstances should you ever talk to police whether innocent or guilty. You simply say "I would need to have a lawyer present before we discuss anything". example: http://www.youtube.com/watch?v=i8z7NC5sgik So my very simple and naive question is: Where do you get a lawyer? Do you just look in the phone book? What do cops do when you insist on a lawyer before continuing? Do they back off or take you into the station and let you call a lawyer? If you don't have a lawyer in the queue what do you do?
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Aug 2, 2010 21:30
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i will join as long as nobody outside of the legal profession is allowed to punch me it's unseemly; kind of like being caught dancing with your cook
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Aug 2, 2010 21:33
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Jeephand posted:Where do you get a lawyer? You call one if you can afford it, if not you get the public defender. quote:Do you just look in the phone book? I don't recommend it. Ask around if you want to hire somebody. quote:What do cops do when you insist on a lawyer before continuing? Theoretically they must stop the interrogation immediately. In reality they probably ignore you and keep some pressure on a little to see if you have balls and are smart or if they can get you to waive your rights. Just be aware that this is surefire #1 way to get booked and tossed in the can. quote:Do they back off or take you into the station and let you call a lawyer? If you're not already at the station they arrest you and put you in jail and let you sweat with the nice people in there until your arraignment, when you get to talk to a public defender for ten seconds before going back to jail until you post bond. If you have money to pay a lawyer this usually happens quicker and if the crime is minor and you have no priors you may be released without having to post. quote:If you don't have a lawyer in the queue what do you do? You wait until they get around to taking you in for arraignment.
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Aug 2, 2010 21:39
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Jeephand posted:So my very simple and naive question is: Where do you get a lawyer? Do you just look in the phone book? What do cops do when you insist on a lawyer before continuing? Do they back off or take you into the station and let you call a lawyer? If you don't have a lawyer in the queue what do you do? I know that in Minnesota, the cops have books listing all the lawyers either in the county or in the state - you either use that or a phone book. They'll give you a few calls to try to reach someone. Many criminal defense firms have attorneys on call who get calls routed to their cell phones. My friend who does this calls it the "drunk line" because most of the calls he gets are from people who have been arrested for DWI, but he does get calls from people arrested for other things as well.
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Aug 2, 2010 21:40
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Lykourgos posted:i will join as long as nobody outside of the legal profession is allowed to punch me Too bad; when you're jumped in as a Chicage ASA the (ugh) staff persons are permitted and encouraged to strike you vigorously.
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Aug 2, 2010 21:40
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joat mon posted:Too bad; when you're jumped in as a Chicage ASA the (ugh) staff persons are permitted and encouraged to strike you vigorously. alternatively, they make you respond to post-conviction petitions until you collapse in mental anguish
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Aug 2, 2010 21:46
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I completely forgot about my subpoena to testify today. They did try to call and remind me, but I ignored it because it was a restricted call. So I slept through a trial where I was supposed to testify against the defendant, due to my own forgetfulness. What exactly are the possible repercussions to me for this, and what am I supposed to do tomorrow? I was obviously going to call and explain the situation, what else?
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Aug 2, 2010 23:11
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Basketofpancakes posted:I completely forgot about my subpoena to testify today. They did try to call and remind me, but I ignored it because it was a restricted call. So I slept through a trial where I was supposed to testify against the defendant, due to my own forgetfulness. You are in contempt of court. Best case scenario you get called in again (you need to call the court and say that you are available) and when you arrive explain that you clean forgot and didn't answer the phone because. Don't say you were sleeping. Worst case scenario the case is over and collapsed because you didn't show up. They didn't send the police round to knock on your door and drag you to the courtroom though so I'm guessing it wasn't critical. It's very unlikely for there to be any concequences for you though.
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Aug 2, 2010 23:15
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That probably depends whether the side that was calling you won or lost. Technically, you are probably in contempt of court, but unless one of the parties or the Court itself drags you in to answer for it, it's possible that nothing happens. If this is a criminal case and the guy got convicted, for example, the DA probably doesn't care that you didn't show up. People refuse to show up for criminal subpoenas all the time. Was it actually a trial or just some kind of evidentiary hearing?
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Aug 2, 2010 23:16
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Well, I was sleeping, because I work 11pm-7am and sleep from 9-5. At any rate, I'll just give them a call tomorrow. The office is closed now. Edit: It was a bench trial for a misdemeanor that I witnessed at my place of work. It has been postponed twice already so far.
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Aug 2, 2010 23:17
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Just call and apologize. It's very unlikely that they will waste the time and effort chasing after you for contempt. They should let you know whether you need to go in another time---minor criminal cases like that get bumped constantly and for many reasons. I know that if I had subpoenaed a witness and they didn't show up for trial, and I told the judge I needed that witness's testimony and I had service on the subpoena, most courts would continue the trial. Just be sure to show up next time.
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Aug 2, 2010 23:21
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Jeephand posted:QUESTION: PS he mainly argues that you shouldn't talk to the police when you are a suspect, NOT "under no circumstances." Also, lol at his TTT "credentials."
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Aug 3, 2010 00:06
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TheBestDeception posted:Also, lol at his TTT "credentials." Cum Laude Harvard? pfff that isn't even Yale!
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Aug 3, 2010 00:14
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JudicialRestraints posted:Cum Laude Harvard? pfff that isn't even Yale! yes lets play a game where we compare our north eastern tttoilet schools. Yale might be better than hartford, I don't know; either way they're two run of the mill institutions that stick to a philosophy of "begone foul law, for you are not a subject we teach here within these hallowed halls"
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Aug 3, 2010 00:21
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JudicialRestraints posted:Cum Laude Harvard? pfff that isn't even Yale! Whatever legitimacy he might have had is all but gone through his teaching of functional retards. And I was wrong - its FTT not TTT.
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Aug 3, 2010 00:25
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TheBestDeception posted:PS he mainly argues that you shouldn't talk to the police when you are a suspect, NOT "under no circumstances." Also, lol at his TTT "credentials." Actually he does say he won't talk to a police officer "under any circumstances" 30 seconds into the video.
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Aug 3, 2010 01:07
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Phil Moscowitz posted:
So you seem to be saying that you have to talk to the police and go to jail unless you have a family lawyer on speed dial and a couple thousand laying around for bail and lawyer fees? You also seem to be implying that if the crime you are being charged with bears a fine that is less than the price of calling in a lawyer, you should just plead guilty and pay it? I'd really like some straight info on how to handle the whole situation of dealing with cops without sacrificing my rights. Can anyone add more without the "Hey I'm on SA you're hosed now buddy. Har har." routine?
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Aug 3, 2010 02:56
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Jeephand posted:So you seem to be saying that you have to talk to the police and go to jail unless you have a family lawyer on speed dial and a couple thousand laying around for bail and lawyer fees? You also seem to be implying that if the crime you are being charged with bears a fine that is less than the price of calling in a lawyer, you should just plead guilty and pay it? I'd really like some straight info on how to handle the whole situation of dealing with cops without sacrificing my rights. Can anyone add more without the "Hey I'm on SA you're hosed now buddy. Har har." routine? No we can't because the cop might conclude that you were doing something more than speeding and suddenly you're on trial for a hit and run 2 nights ago and you're going to jail and we gave you the legal advice that put you there. I think your analysis is pretty good but you really have to play every situation by ear. Sorry.
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Aug 3, 2010 03:00
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Jeephand posted:So you seem to be saying that you have to talk to the police and go to jail unless you have a family lawyer on speed dial and a couple thousand laying around for bail and lawyer fees? You also seem to be implying that if the crime you are being charged with bears a fine that is less than the price of calling in a lawyer, you should just plead guilty and pay it? I'd really like some straight info on how to handle the whole situation of dealing with cops without sacrificing my rights. Can anyone add more without the "Hey I'm on SA you're hosed now buddy. Har har." routine? Well, Phil's post seems to assume that the policeman has become suspicious and wants to arrest you, but no, there's nothing more to add. However, if a policeman just randomly talks to you, and literally has no cause to suspect that you have done anything (and indeed doesn't suspect so), I doubt he's going to arrest you just because you said that you need a lawyer present. I don't see where he's saying "if the crime you are being charged with bears a fine that is less than the price of calling in a lawyer, you should just please guilty and pay it." A lot of those fines are going to be municipal code infractions; there may well be a stream-lined, mail-in process to contest those. If you get a parking ticket in Chicago, for example, it comes with instructions to contest either by mail or in person. It even has a hints and tips section on various defences that might be raised; for example, it says you get off free if you managed to get to the parking metre within 10 minutes of the ticket being issued (only once a year, though). Anyway, you're really not sacrificing your rights if the cop has probable cause to arrest you, and you wind up sitting in jail until the arraignment (or longer if bail is set and you can't pay). If by rights you mean your personal opinion of what your rights are, well then good luck Lykourgos fucked around with this message at 03:13 on Aug 3, 2010 |
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Aug 3, 2010 03:08
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Jeephand posted:So you seem to be saying that you have to talk to the police and go to jail unless you have a family lawyer on speed dial and a couple thousand laying around for bail and lawyer fees? You also seem to be implying that if the crime you are being charged with bears a fine that is less than the price of calling in a lawyer, you should just plead guilty and pay it? I'd really like some straight info on how to handle the whole situation of dealing with cops without sacrificing my rights. Can anyone add more without the "Hey I'm on SA you're hosed now buddy. Har har." routine? No, what I'm saying is if you are suspected of a crime and there is probable cause for your arrest, you will go to jail when you exercise your right to remain silent unless your lawyer is present. If you can't afford a lawyer, then you have nobody on call to run to jail and get you, which means you will wait up to 48 hours (in jail) until you're paraded to court for arraignment and assignment to a public defender. You can look someone up in the jail phone book and who the gently caress knows how good they will be, but they'll probably at least know how to bail you out of jail. I don't know what about my response made you go "hurf durf not serious." Everyone has this stupid idea that if they commit a crime and get caught, then they can just clam up and say "I want a lawyer" and the police will release them and the next thing to happen will be trial. In reality, when you are pulled over with a bag of weed in your car, the cop will say "do you mind if I search your car?" Assuming you didn't just smoke out and you've got your wits about you and your eyes aren't all bloodshot and the car isn't hotboxed, you will say "I do not consent to any search and I would like to talk to a lawyer before I say anything." The cop will say "Okay, well for my safety I'm going to ask you to step out of the car and I'm going to put you in handcuffs. You're not under arrest. Do you have any drugs or sharp objects in your pockets, any guns or other weapons in the car?" And you, being a normal person, will say something like "No" or "okay" and whoops what's that tremor in your voice that's making the cop think you are lying? The inside of your car and your clothes sure bear a strong vegetable matter smell that the cop is familiar with from years of arresting drug users. Then they will sit you down on the curb for 45 minutes while they call in the K9 to sniff your car. They'll probably talk about the fact that the canine is on the way just within earshot and maybe ask you if you need anything, and maybe you'll stay quiet or maybe you'll start sweating or fidgeting or say something else that will make their probable cause stronger. If you don't have any drugs they will let you go with your ticket or whatever. If you do have drugs you will go to jail without passing GO and that's that. Maybe later down the road, your lawyer can fight with the government about whether the search was legal, whether the drugs should be suppressed. If you are actually charged with a serious crime (that you did commit), and they have you down in the room and are asking you questions, well you might as well clam up and say nothing other than "I don't want to say anything without a lawyer" as long as you can, since while you're in the room you're not in jail and the room is better than the jail if you can stand annoying rear end in a top hat cops. If you're in the room you're going back to jail one way or another so might as well not give them a confession or anything else that will help them.
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Aug 3, 2010 03:56
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Jeephand posted:I'd really like some straight info on how to handle the whole situation of dealing with cops without sacrificing my rights. First, I think there is a difference between being a citizen and being a suspect. 98% of the time, you'll know if you are a suspect. If you are, you'll want to remain silent. If you're being a citizen, talk to the police. If you're feeling nervous about that, ask if you're a suspect. If you're still got that bed feeling, be quiet. Yes, there are cases where a totally innocent person has been goat-roped into being falsely accused/convicted because of something they said. Your risk of being hit by lightning on your way to work is a lot greater, but you still go to work, right? The police can ask you any question any time they want to. If you don't want to talk to them, ask if you are free to go. If you are free to go, you may go. If they tell you that you are not free to go, that means they have something slightly more than a suspicion that you were/are involved in a crime. Once you are not free to go, they are required to read you your Miranda warnings before they ask you any questions. If you invoke your right to remain silent, they have to decide if they have probable cause (some reason to believe you committed a crime; more than slightly more than a suspicion) to arrest you. If they don't, they'll let you go. If they do, you'll be arrested and taken to jail. If you invoke your right to counsel and the cops still want to talk to you, the cops have to get you an attorney if you can't afford one. Since the attorney will tell you to be quiet, the cops will instead decide whether they have probable cause to arrest you and send you to jail. This is totally bare bones; to flesh this out would literally be a book,and even then the book will have a lot of maybes and possiblys and 'this isn't settled.' If you have the slightest guilty feelings, remain silent. If think you might have been doing shady things or hanging out with shady people or been in shady places, remain silent. If you think you might have actually done something illegal, remain silent. Most people screw up here. They think they can talk their way out of trouble or talk their way out of jail. They can't. Be polite. Always. If the cop comes on as a raging rear end in a top hat, ask if you're free to go, remain silent, ask for an attorney, and probably goto jail - its the quickest was out of the situation. Speeding? The cop already knows you were speeding; that's why he pulled you over. If he asks you how fast you were going, tell him if you know, so long as it's a number less than reckless driving (here, 15 over) Honest about speeding isn't going to tell the cop anything he doesn't know already. This joat mon's opinion, not a the law. A shooting at your apartment complex? The cop is trying to find out what happened. Shooting people is bad, right? You don't want people shooting people in your apartment complex, right? If you are or you think you might be connected with the shooting in any way, say you don't want to talk. If pressed, remain silent. The cops knock on your door and want to ask you about that marijuana smell? Remain silent.
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Aug 3, 2010 04:03
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In case it's still not clear, all of this is the same whether you've committed the crime they suspect or not. No hair off the cop's rear end at all if you go to jail and charges are later refused. Have fun!
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Aug 3, 2010 04:04
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joat mon: Nice answer, well done. Thanks.
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Aug 3, 2010 11:51
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I posted this in the Newbie Finance thread but didn't get any bites, so hopefully it's more appropriate here . I checked my credit report for the first time a little over a month ago and everything was great except for a collection listed for $600 from an oral surgeon that was paid in full back in 2006. I had my wisdom teeth out when I was 17 and apparently my family never finished paying it off before I turned 18 (I'm 23 now). After ringing the oral surgeon, they said that the debt and the subsequent collection became mine when I turned 18. I vaguely remember getting some strange letter from a collection agency when I was 18, but I just gave it to my grandmother who promised to figure it out. She kept her word and paid it off in 2006, but it still went on my report. Truthfully, I was 18 and had no idea what the hell it meant. I know I was the one who had the surgery, but can they really transfer the debt/collection to me like that? I was a minor at the time and wouldn't have been able to agree to any such payment terms. Thankfully the collection agency was very understanding and said since it was paid in full 4 years ago, they didn't really care if it was on my report or not. The item has since been erased from my report, but I'm just curious about the legalities of this. This was all in Pennsylvania if that matters.
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Aug 3, 2010 12:03
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This is an unemployment question (United States) If I've been collecting unemployment, what happens if I accept an unsuitable job? Say I worked for two days or so and found the situation completely untenable? Would that count as temporary work or would I officially be off unemployment at that time? Could I just not file an unemployment claim for that week?
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Aug 3, 2010 12:33
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~
Dr. Mantis Toboggan fucked around with this message at 23:46 on Aug 11, 2021 |
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Aug 3, 2010 14:31
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It's a temp to hire until I get union approval. It's a dangerous and crazy midnight shift warehouse in the ghetto (a hooker approached my passenger window at a stopsign on the way to work), and almost criminally understaffed. I was essentially lied to in my interview. I was actually interviewed by head of sales.
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Aug 3, 2010 18:56
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natedogcool posted:**School money stuff.** That's really a sucky situation natedogcool and I wish you luck. In case nobody here has the expertise for it, I believe you should ask in CubsWoo's thread about suing/being sued by debt collectors... I was reading very similar questions to yours in there and there's tons of good info. amethystbliss posted:**credit stuff** I think you'll also get a more informed message in CubsWoo's thread also.
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Aug 3, 2010 20:54
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