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There's no requirement of malice for defamation in Canada. At least in theory he probably has a defamation case, defamation requires only that there be a published communication that is defamatory. Since a person republishing a defamatory statement is also liable, there should be in principle a case against her. this is what I remember from first-year torts at any rate.
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Aug 23, 2010 21:33
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Tell me how hosed (stupid) I am. I was driving and this guy in front of me was driving a good 10-15 mph under the speed limit. It was a one lane road so I got the opportunity to pass him and did. The guy got pissed off and started to follow me which then turned into a chase. I went off road to try and evade this guy and he still followed me. So now I'm panicking. I have no weapons or anything in my car so I ran a red light going 30 mph. Well as I was turning I clipped the crosswalk sign and took out the traffic lights.... I hosed up my bumper and continued down a side road. He didn't follow me afterward, so I called the police when I got home. They wrote me a citation for leaving the scene of traffic crash with property damage. I have a court date next month. I've got a clean record, so am I looking at jail time or a hefty fine? I live in Florida by the way. Yes, I wasn't thinking..I know I hosed up. EDIT: Also, do I get an attorney? MalConstant fucked around with this message at 01:18 on Aug 24, 2010 |
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Aug 24, 2010 01:13
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Definitely get an attorney. I know nothing about this area of the law, but if you legitimately feared for your life, I don't think you can be held guilty for the violations (though I think you still need to pay for the damage).
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Aug 24, 2010 01:22
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gvibes posted:Definitely get an attorney. I know nothing about this area of the law, but if you legitimately feared for your life, I don't think you can be held guilty for the violations (though I think you still need to pay for the damage). This is certainly true for civil law but I have no loving clue if it will apply in your state for criminal law (although I would lean toward 'yes')
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Aug 24, 2010 01:45
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Necessity is a common law defense that would probably apply in that case if it went down exactly as you described depending on how you're being charged it's probably not worth fighting though
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Aug 24, 2010 01:47
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gvibes posted:Definitely get an attorney. I know nothing about this area of the law, but if you legitimately feared for your life, I don't think you can be held guilty for the violations (though I think you still need to pay for the damage). Florida recognizes the common law defense of necessity. Get an attorney. The problem is proving your story/ convincing a DA of your story. Your problem is that to an outside observer, your fact pattern looks like a couple of yahoos out racing. An attorney can figure out how to convincingly differentiate your case. It is unlikely that you are looking at jail time. An attorney will increase your chances of not getting jail time. It is likely that you will have to pay fines and restitution. An attorney will improve your chances of keeping the amounts lower. You don't want this on your record or on your insurance. An attorney will improve your chances of making this happen, particularly with the former. Get an attorney. I hope you drive a shitbox and not a yahoo-mobile.
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Aug 24, 2010 02:37
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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.
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Aug 24, 2010 03:07
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joat mon posted:Florida recognizes the common law defense of necessity. Get an attorney. I drive an 07 Suzuki Forenza. Not really a yahoo-mobile haha. Can my license be suspended for this or am I looking at like 3 points on my license? I'll look into an attorney for sure.
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Aug 24, 2010 05:12
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MalConstant posted:I drive an 07 Suzuki Forenza. Not really a yahoo-mobile haha. Can my license be suspended for this or am I looking at like 3 points on my license? From my brief google, you might be looking at like 6 points, a fine, possibly a stint in county and maybe some probation. Get a lawyer tomorrow.
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Aug 24, 2010 05:24
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So my girlfriend of 1.5 years and I have broken up. The issue is that we got a dog together around 4 months ago. He was found by a mutual friend of ours and we took him in (without any paperwork). I have paid for all his vet bills and am the primary caregiver. My girlfriend walks him a couple times a day. The issue of who will keep the dog after the breakup came up last night. I told her I wanted to keep the dog, she wants "joint custody" or some such. My feeling is that the dog should have a single owner. I doubt we can reach a solution amicably at this point. What should I be aware of as legal options in this case? I will do whatever it takes to keep my buddy. Are there steps I should take here? I am at a loss since I did not see the breakup coming. THanks!!
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Aug 24, 2010 12:44
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Florida leaving the scene of a crash involving property damage links: up 60 days in jail for a 2nd degree misdemeanor (unlikely) up to $500 in fines for a 2nd degree misdemeanor, though potentially also twice the amount of damage 6 points (do traffic school) 316.061 Crashes involving damage to vehicle or property. 316.063 Duty upon damaging unattended vehicle or other property.
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Aug 24, 2010 13:08
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Wide Area Network posted:So my girlfriend of 1.5 years and I have broken up. The issue is that we got a dog together around 4 months ago. He was found by a mutual friend of ours and we took him in (without any paperwork). I have paid for all his vet bills and am the primary caregiver. My girlfriend walks him a couple times a day. Move out, take the dog. There are likely no custody rights in an animal. In my state, it is treated like a piece of personal property. Let her try to figure out how to get the dog back from you. Worst-case scenario, she sues you in small claims court for conversion of the dog, and you owe her the fair market value of the dog.
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Aug 24, 2010 15:45
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Solomon Grundy posted:Move out, take the dog. There are likely no custody rights in an animal. In my state, it is treated like a piece of personal property. Let her try to figure out how to get the dog back from you. Worst-case scenario, she sues you in small claims court for conversion of the dog, and you owe her the fair market value of the dog. I concur, as you have made the more significant financial investment. Let her deal with the hassle of making a court issue of it, if that's the route she wants to go. After some time away from the dog, and after seeing how much it costs to take someone to court, she might decide she doesn't care as much as she thinks she does now.
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Aug 24, 2010 16:41
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Landlord/tenant question: I'm a landlord. We have tenants in our house. Their lease was up in June, but we have been proceeding on a month-to-month arrangement (as provided in the lease), requiring 60 days' notice to terminate. We had an oral agreement that they would stay until January 1, but never executed a written instrument to that effect. Tenants just called me and gave me 30 days notice. 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.
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Aug 24, 2010 17:54
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Childlike Empress posted:Landlord/tenant question: 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
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Aug 24, 2010 18:01
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What do you mean in #3 that I have grounds, but I'd lose on them? Sorry if I'm misunderstanding.
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Aug 24, 2010 18:13
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Childlike Empress posted:What do you mean in #3 that I have grounds, but I'd lose on them? Sorry if I'm misunderstanding. 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.
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Aug 24, 2010 18:53
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Childlike Empress posted:2) Can I force them to forfeit their security deposit?
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Aug 24, 2010 19:03
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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'.
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Aug 24, 2010 19:12
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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'. I think it might survive summary judgment, which is my standard for not laughed out of court.
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Aug 24, 2010 19:42
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joat mon posted:Florida leaving the scene of a crash involving property damage links: Thanks for these. Also, I think I may have come across the car that chased me through town. I'm not sure, but it looks familiar. I thought it was a Mercedes SUV, but this was a Chevy SUV. It has the same tag hanging from their mirror.
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Aug 24, 2010 20:05
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Childlike Empress posted:Landlord/tenant question: Landlord-tenant issues are very state-specific. Here is a guide to VA's landlord-tenant law, although it may not apply if you only have one house you are renting. http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDFs/Landlord_Tenant_Handbook.pdf
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Aug 24, 2010 20:51
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issue has been resolved, thanks for the response (see below)
The Experience fucked around with this message at 19:10 on Aug 25, 2010 |
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Aug 25, 2010 04:59
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Say you catch an unarmed person robbing your home/shop and upon confronting him he immediately flees WITH some of your property. You know if you let him go your stuff will be gone forever. Can you shoot him even though your life is not in danger? Does it matter if you're in your house or on the street? For the purposes of this question let's assume you're in a jurisdiction that allows concealed-carry and that you hold a permit. Another question: If you do not have a concealed-carry permit but are nonetheless carrying illegally and end up shooting someone in self-defense do you get in trouble for having the gun? I'm guessing the answer to this is theoretically yes, but in practice do police tend to charge people in this situation? czachz fucked around with this message at 10:20 on Aug 25, 2010 |
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Aug 25, 2010 10:14
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The Experience posted:A question about damages to rented premises: 1) Yes. 2) Collect the entire amount of damages from you. In the future, if you are going to sign a joint obligation with someone, be sure you know them well.
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Aug 25, 2010 11:05
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czachz posted:Say you catch an unarmed person robbing your home/shop and upon confronting him he immediately flees WITH some of your property. You know if you let him go your stuff will be gone forever. Can you shoot him even though your life is not in danger? Does it matter if you're in your house or on the street? For the purposes of this question let's assume you're in a jurisdiction that allows concealed-carry and that you hold a permit. There is something very wrong with you for thinking there is any ambiguity on these questions.
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Aug 25, 2010 11:36
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Alchenar posted:There is something very wrong with you for thinking there is any ambiguity on these questions. That's not fair. You may or may not agree with his questions on a moral level, but lawyers are expected to provide a legal analysis, which may differ from your moral position. czachz, if your life is not in danger then you won't be able to claim self defense. Generally speaking, the self-defense rules do not permit deadly force to protect property. There may be a few states in which courts have upheld self-defense in this situation but I couldn't tell you which ones - although I'd guess a "red" state, if any. In the real world, however, you would just tell your lawyer that you thought the robber was pulling a gun/knife/taser/whatever and that he was going to attack you. Or you claim his friend (who may or may not have been there) was about to attack you. (If you shoot him/her in the back, you will probably lose your self-defense argument.) It does matter whether you are in your house or out in public, but different jurisdictions treat these situations differently. Some states permit you more leeway if you are in your house, some do not. If you attempt to shoot a fleeing robber in public, and your bullet misses and hits an innocent bystander, god help you. (Or if your bullet overpenetrates and hits someone else.) If you are carrying illegally, that is a crime apart from the self-defense shooting. The cops can arrest you for carrying illegally. Whether they do or not is a very very locally specific question - maybe the cops in one county will arrest you, while the cops in the next county over will not. We can't answer that question for you. So basically: no, do not shoot a fleeing robber, especially not in public where you are likely to gently caress up and harm others. Instead, thank your lucky stars that the robber did not bring friends and was not intent on harming you, and invest in better security. You should only pull the trigger when someone is actively attacking you or another person, and even then you better be a good shot because your fine motor skills are going to be stressed as hell due to adrenaline so your aiming is going to be generally terrible. entris fucked around with this message at 13:19 on Aug 25, 2010 |
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Aug 25, 2010 13:13
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Given that the gun-related question wasn't specific on jurisdiction, I can give a jurisdictionless answer, which is that people have been convicted for gun possession while getting off for the shooting. The one instance I can recall involving self-defense use of a gun and a felon was when the felon grabbed his attacker's gun, was arrested for felon-in-possession, and won.
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Aug 25, 2010 14:53
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Baruch Obamawitz posted:
Won the self-defense argument or won acquittal on the felon-in-possession charge? (or both?)
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Aug 25, 2010 14:56
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entris posted:Won the self-defense argument or won acquittal on the felon-in-possession charge? won on felon-in-possession edit: source
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Aug 25, 2010 15:11
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I own (with mortgage) the condo I live in. A friend of mine is going through a divorce and I have an empty room so I'm renting it to him. His three year old son stays with him here every other weekend. He seems to believe that while his son is here, at any time, child protective services, police, etc. could just waltz into the door and check on things. I think his wife's counsel is just trying to intimidate him, and unless there were a *real* threat of danger, there is no way anything like that could happen. Without a warrant, or at least a request by the court to me detailing what will take place during a visit, when it may be, etc., I just don't think they can get in here. So is my roommate being intimidated or because there is a child under my roof that I am not responsible for, can LEO/CPS/etc. demand to be let in without announcement? Kentucky would be the applicable state law.
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Aug 25, 2010 15:16
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czachz posted:Say you catch an unarmed person robbing your home/shop and upon confronting him he immediately flees WITH some of your property. If he's still in your house and your state has a Castle Doctrine*, feel free to shoot. *Consult your local Castle Doctrine law for specific details. Edit: And then go to jail for murder. Don't listen to me, I'm retarded. Epic Doctor Fetus fucked around with this message at 18:49 on Aug 26, 2010 |
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Aug 25, 2010 15:20
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czachz posted:Another question: If you do not have a concealed-carry permit but are nonetheless carrying illegally and end up shooting someone in self-defense do you get in trouble for having the gun? I'm guessing the answer to this is theoretically yes, but in practice do police tend to charge people in this situation? I'm probably wrong though.
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Aug 25, 2010 15:28
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mboger posted:If he's still in your house and your state has a Castle Doctrine*, feel free to shoot. A Castle Doctrine typically won't help you if the guy is trying to escape.
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Aug 25, 2010 15:36
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Alchenar posted:A Castle Doctrine typically won't help you if the guy is trying to escape. I'm not a lawyer and I know the general consensus is that us regular folks should STFU in this thread, but (at least in Colorado), if someone is illegally in your house and you have reasonable suspicion that they are committing/going to commit a crime AND reasonable suspicion that they could injure you (not necessarily kill you, any belief that you might be attacked in any way counts), you may use lethal force. If someone is illegally in my house, I'm going to automatically assume that both those things are a very real possibility and I'm going to
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Aug 25, 2010 15:55
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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.
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Aug 25, 2010 16:02
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mboger posted:I'm not a lawyer and I know the general consensus is that us regular folks should STFU in this thread, but (at least in Colorado), if someone is illegally in your house and you have reasonable suspicion that they are committing/going to commit a crime AND reasonable suspicion that they could injure you (not necessarily kill you, any belief that you might be attacked in any way counts), you may use lethal force. If you see someone climbing out of one of your windows then you would not be entitled to make any of those assumptions despite him technically being on your property.
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Aug 25, 2010 16:18
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Alchenar posted:If you see someone climbing out of one of your windows then you would not be entitled to make any of those assumptions despite him technically being on your property. Grab him by the ankle, drag him in, then shoot him? Ok fine, if he's halfway out the door/window, he's got a pass, but if he's darting through the living room, he's getting smoked.
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Aug 25, 2010 16:28
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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. 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.
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Aug 25, 2010 16:40
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nm posted:Go to court. The problem is they said he will have to pay before he ever sees the court-they told him he'd have to bond out on the warrant before he went to the courthouse in the first place or they'd just take him straight to jail. And with the move we don't really have the cash to do that right now (or time to have him sit in jail for however long). I don't suppose there's any way around that, is there?
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Aug 25, 2010 17:02
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