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My 19 y/o girlfriend got a MIP and a PODP a few weeks ago and a fine to go with it. Is it on her record and can she have it removed? She is in Texas. Lives in Austin and got the MIP near by. Winszton fucked around with this message at 00:03 on Nov 18, 2010 |
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Nov 17, 2010 23:17
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Howdy Legal Questions Thread! 2nd Problem for me. Some backstory: I live in MD, in a connected townhome with my own fences surrounding the back and front yards. In my back yard, is an oak tree thats quite healthy. 3 weeks ago, the landlord of the rental property behind my house (on the other side of the backyard fence) asked my wife if his tenant could trim the branches that were hanging over my fence into his yard. My wife being awesome said it was fine. Yesterday, my wife got home from picking the kids up, and saw 2 strange men in the backyard with chainsaws cutting the tree down. She couldn't stop them, because she wasn't about to go yell at 2 strange men with chainsaws. She also wasn't about to take a gun to someone with kids present. They cut down the oak tree, leaving a stump a foot below the fenceline (about 4.5 feet or so) and were gone before she could call the police. I got home too late at about 6, and took a view at it today. Advice? So to summarize, a guy, snuck into my yard, when noone was home, climbing over a 6 foot fence, cut down my tree and is now burning the wood in his backyard. Cowboybot fucked around with this message at 16:52 on Nov 18, 2010 |
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Nov 18, 2010 16:40
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As I understand it, in the UK, service charges for restaurants must be included in the price on the menu. I found several sites confirming this, but could not find the Act that it is specified in. Does anyone know which Act specifies that menu prices must include service charges?
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Nov 18, 2010 18:01
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Anjow posted:As I understand it, in the UK, service charges for restaurants must be included in the price on the menu. I found several sites confirming this, but could not find the Act that it is specified in. Does anyone know which Act specifies that menu prices must include service charges? This is... not true. e: you may be confusing the issue with this: http://news.bbc.co.uk/1/hi/business/8281191.stm Alchenar fucked around with this message at 18:12 on Nov 18, 2010 |
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Nov 18, 2010 18:05
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I may have phrased it badly. I am talking about stuff like this: http://www.thesite.org/homelawandmoney/law/yourrights/restaurantrightsthebill quote:The law provides that you should be given a chance to check the prices before you get to your table, as well as having a menu at the table. They must make clear, or show as prominently as the food prices, any minimum charge or service charge. http://www.which.co.uk/consumer-rights/making-a-complaint/dealing-with-restaurant-problems/your-rights/ quote:Some restaurants add a compulsory service charge to your bill, and others leave it to your discretion. If a service charge is automatically added the restaurant must, by law, warn you of this before you eat. I've now noticed that later on on the second linked page it mentions: quote:You could also report the restaurant to Trading Standards as unclear or misleading pricing is a criminal offence, according to the Consumer Protection from Unfair Trading Practices Regulations 2008 and the Price Marking Order 2004. But that may be a stretch. It's starting to look like it's based on assumptions related to normal contract law than any specific requirement to display prices at that point.
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Nov 18, 2010 18:52
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Cowboybot posted:So to summarize, a guy, snuck into my yard, when noone was home, climbing over a 6 foot fence, cut down my tree and is now burning the wood in his backyard. Too bad you're not in Oklahoma - if the tree was worth $200 or more, it's a felony worth up to 5 years and $10,000 fine (one year misdemeanor/$1000 if less than $200) also, you get civil damages of 3-10 times the value of the tree plus costs and attorney fees. There is at least a trespass and malicious injury to property. If's he's taken and is burning the wood, that's a larceny, too. For forestry-specific MD laws,you could call theMD Forest Service at 410-260-8531.
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Nov 18, 2010 19:04
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I have an 18 year old cousin who recently moved in with me to attend a nearby university. A while back him and some friends got drunk and decided to shoplift some liquor from the drugstore after they ran dry at a party. They got caught by a plainclothes loss prevention guy, his friends ran, and he got nabbed with a bottle of vodka in his jacket. He apologized and gave the bottle back unopened and they didn't call the cops, but they did photocopy his ID and tell him he was banned from the store for life. This was about 3 months ago; today he got a letter from a law firm representing CVS asking for a $400 civil recovery demand for "damages" incurred by the company as a result of his shoplifting. The letter goes on to say that if he doesn't pay the matter will be taken up in civil court and possibly referred to law enforcement. Has anyone else seen one of these? Why is he being contacted by the store instead of the police, and what kind of basis do they have for claiming "damages" when he returned the merchandise unopened and left? If they were going to refer it to law enforcement, why wait three months before doing so? Is it worth fighting, or should he just pay the fine and move on?
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Nov 18, 2010 19:21
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Anjow posted:I may have phrased it badly. I am talking about stuff like this: It's not included in the price of individual food portions, there should be a disclaimer prominently on the menu or clearly visible stating 'Our policy is to include a ??% service charge on your order' or something along those lines.
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Nov 18, 2010 19:25
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a handful of dust posted:Has anyone else seen one of these? Why is he being contacted by the store instead of the police, and what kind of basis do they have for claiming "damages" when he returned the merchandise unopened and left? If they were going to refer it to law enforcement, why wait three months before doing so?
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Nov 18, 2010 19:51
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Cowboybot posted:So to summarize, a guy, snuck into my yard, when noone was home, climbing over a 6 foot fence, cut down my tree and is now burning the wood in his backyard. Get a video camera, film the tree stump, then shoot over his fence as he's burning the wood. When he asks what you're doing, just say you're filming the evidence of the stump and him burning the tree for when you take him to court  Does that help? Well, you would be getting evidence you wouldn't have after he burned it all up and later denied burning it, if you ever needed it.
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Nov 18, 2010 20:03
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gvibes posted:I am also not sure they have much of a claim, but $400 is a very reasonable amount to pay to keep your record clean. Lots of places do that and it's perfectly legal.
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Nov 18, 2010 20:05
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a handful of dust posted:Has anyone else seen one of these? Why is he being contacted by the store instead of the police, and what kind of basis do they have for claiming "damages" when he returned the merchandise unopened and left? If they were going to refer it to law enforcement, why wait three months before doing so? The rationale behind this is a not completely unreasonable: 'The only reason we have to pay for store security is because people like you try to steal from us, so when we catch you it's fair that you compensate us for the cost of catching you oh and also you kinda owe us for not calling the police and ruining your life with a conviction for a crime of moral turpitude'.
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Nov 18, 2010 23:08
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-e- gently caress, not the lawyers megathread.
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Nov 19, 2010 00:31
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Alchenar posted:The rationale behind this is a not completely unreasonable: 'The only reason we have to pay for store security is because people like you try to steal from us, so when we catch you it's fair that you compensate us for the cost of catching you oh and also you kinda owe us for not calling the police and ruining your life with a conviction for a crime of moral turpitude'. I spoke with a lawyer today, and he's claiming that for a young guy stealing a $20 item he could've probably got it reduced to an infraction with a ~$250 fine and some community service/probation, with a good chance of having the record sealed. He also said he advises his clients in cases like this to simply ignore the civil demand letter, he seemed to think it was kind of a scam. He called it "hush money," and said they just send out thousands of letters and almost never bother taking it to court for such trivial amounts. Also said apologizing and admitting guilt to the store LP was a bad move, and it would've been smarter to just clam up and let the cops come and arrest you and let a lawyer sort it out. Good advice/bad advice?
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Nov 19, 2010 01:04
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Cousin is 18, and a legal adult. Needs to consult his own lawyer if he wants competent legal advice pertinent to his case.
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Nov 19, 2010 01:20
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Alaemon posted:Cousin is 18, and a legal adult. Needs to consult his own lawyer if he wants competent legal advice pertinent to his case.
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Nov 19, 2010 01:33
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Alaemon posted:Cousin is 18, and a legal adult. Needs to consult his own lawyer if he wants competent legal advice pertinent to his case. Well yes, obviously. This is an 18 year old full time student with no job/money. I'm just trying to help him get as much info as possible.
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Nov 19, 2010 01:42
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a handful of dust posted:I spoke with a lawyer today, and he's claiming that for a young guy stealing a $20 item he could've probably got it reduced to an infraction with a ~$250 fine and some community service/probation, with a good chance of having the record sealed. A lawyer told you to ignore a letter of a legitimate demand for restitution? Yes, a judgment and screwed credit for 7 years is super rad! Sounds like it was a good move to me considering a lawyer and all of that would have cost the same or more and there's no guarantee of acquittal/dismissal. It may not be the best legal advice but if I was a broke stupid 18 year old I would again throw myself on the mercy of the company and offer/beg for payments and/or ask for a reduction.
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Nov 19, 2010 01:46
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a handful of dust posted:This is an 18 year old full time student with no job/money. I'm just trying to help him get as much info as possible. And what I'm saying is if HE needs info, HE needs to consult with an attorney. By way of free consultation if necessary, but YOU meeting with the attorney accomplishes very little. For one thing, there are professional duties and privileges that attach even in a free consultation, whether or not the attorney is hired. For another... think of it this way. Your cousin has a clogged toilet which is currently leaking all sorts of unpleasantness on the floor. You COULD invite the plumber over to your house while you describe your cousin's toilet, and he COULD render a professional opinion based on that alone. Or the plumber can go over to your cousin's house and look at the toilet that's actually clogged. Which one do you think will be more effective? You could try to track down a consult, if you're hell-bent on doing so. You could drive him there and sit in the lobby while he meets with the attorney. But (potential) client meeting attorney is what's important.
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Nov 19, 2010 01:56
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Alaemon posted:And what I'm saying is if HE needs info, HE needs to consult with an attorney. By way of free consultation if necessary, but YOU meeting with the attorney accomplishes very little. Or you could just do both, because there's nothing wrong with getting a second opinion. You're telling me if you knew a lawyer you wouldn't call him up and say "hey, whats the best way to handle this situation?" before seeing a random stranger for a consult? The guy I talked to was sort of a friend of a friend, and it was only a short phone call. Besides, I figured with 100k odd goons there might be someone who'd gone through a similar situation.
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Nov 19, 2010 02:08
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a handful of dust posted:You're telling me if you knew a lawyer... If only I knew a lawyer! I have to wonder what my life would be like in such fantastic and hypothetical circumstances. What you received was not a valid legal opinion, any more than it would have been a valid medical diagnosis had you spoken to a doctor about your cousin's illness, when that cousin has never consulted with the doctor in question. An opinion rendered to the client while subject to the professional duties of (for instance) competence and confidentiality is superior to an ad hoc response offered with no duty owed to third persons.
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Nov 19, 2010 02:38
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Not to mention it is pretty lovely advice. I dunno though "ignore it and hope it goes away" may be a new legal fad.
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Nov 19, 2010 03:08
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ChubbyEmoBabe posted:Not to mention it is pretty lovely advice. I dunno though "ignore it and hope it goes away" may be a new legal fad. What he said was the chances of them actually going to the trouble of suing over such a trivial amount are fairly low, since they send out thousands of those letters and rely on the fact that most people pay them without question. I've also run across lots of people on other websites claiming that nothing happens if you ignore them: http://www.avvo.com/legal-guides/ugc/merchants-demand-for-payment-after-a-shoplifting-arrest---california-penal-code-4905 Are these bullshit? The other reason I'm so interested in this is that I'm the one loaning him the money to square the debt, whichever way he ends up going. e: nevermind, he's just gonna pay it. herbaceous backson fucked around with this message at 04:12 on Nov 19, 2010 |
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Nov 19, 2010 04:00
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What kind of weight does a notarized affidavit have? I entered a costume contest and as a condition of receiving the prize, they want me to sign & notarize an affidavit saying, in essence "I have followed all the rules, and own all the rights to my submission". Now, the costume is handmade, and the photo is mine, but it is based on a character that I do not own. The rules specifically prohibit this. (It was a group entry - I did not see the text of the rules until I was informed that we won.) Obviously they are fine with it/are changing the rules if they have declared us the winner, but I don't feel that I can sign something saying that a)I followed all the rules and b)I own all the rights when this is not the case. So my question is this: What does a notarized affidavit actually mean? Could this put me on the hook legally, or is it just a formality? Edit: I am in California. I do not know what jurisdiction the contest would fall under. Hypothetical Mcgee fucked around with this message at 07:34 on Nov 19, 2010 |
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Nov 19, 2010 07:31
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Having something notarized simply means that a notary witnessed you signing the document, and will testify to that in court if needed. I wouldn't sign the affidavit though, as you could get in some serious trouble if the rights holder of the IP complains, the organizers of the contest could hold you responsible if they get sued. It probably won't come to that, but if it does you could be on the hook for a ton of money.
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Nov 19, 2010 08:55
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Konstantin posted:Having something notarized simply means that a notary witnessed you signing the document, and will testify to that in court if needed. I wouldn't sign the affidavit though, as you could get in some serious trouble if the rights holder of the IP complains, the organizers of the contest could hold you responsible if they get sued. It probably won't come to that, but if it does you could be on the hook for a ton of money. Are you sure about this? What would entitle them to a "ton" of money? Is there a specific tort that would apply here?
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Nov 19, 2010 10:23
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a handful of dust posted:
Just an FYI. Its a "civil demand" fine. A number of companies do this when they don't prosecute people for shoplifting. You don't have to pay it, but the company could (very unlikely) pursue you with further civil fines, penalties.
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Nov 19, 2010 11:41
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frobert blamble posted:Are you sure about this? What would entitle them to a "ton" of money? Is there a specific tort that would apply here? Theoretically, it could be a copyright violation with six figure statutory damages, but the copyright holder would have to (1) find out about it, (2) care about it, and (3) pay a lawyer to sue a regular person who is unlikely to have six figures in assets to pay a judgment. So I wouldn't worry too much.
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Nov 19, 2010 11:42
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Hypothetical Mcgee posted:What kind of weight does a notarized affidavit have? Signing an affidavit is you swearing that the facts you said in the affidavit are true. In your case, this would make it easier to show that your violation wasn't a mistake. "Oh gosh, I just forgot to read the rules." won't fly if you swear you did read and follow the rules. Having it notarized provides a witness to say "No, it really was Hypothetical McGee that signed the affidavit, and not some other guy." I expect the purpose of the affidavit is a CYA for the organizers in case a copyright owner decides to go after them, since they probably have more money to pay a judgment than you do. But this isn't so much a Legal Question as a "What did my kindergarten teacher teach me to do in this situation?" question. Q: I broke the rules. Should I lie about having broken the rules? A: Don't break the rules. If you do, don't lie about breaking the rules. (even if you think you can get away with it) Easy. Or since they are obviously fine with it/are changing the rules, wait until they change the rules and then sign the affidavit. (but you may be waiting a while)
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Nov 19, 2010 12:36
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joat mon posted:I expect the purpose of the affidavit is a CYA for the organizers in case a copyright owner decides to go after them, since they probably have more money to pay a judgment than you do. This is almost certainly what's going on here, and you're judgment proof because you're poor. You're fine. That being said I think joat mon is right in that you should probably just not lie about stuff on affidavits.
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Nov 19, 2010 13:55
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Solomon Grundy posted:Theoretically, it could be a copyright violation with six figure statutory damages, but the copyright holder would have to (1) find out about it, (2) care about it, and (3) pay a lawyer to sue a regular person who is unlikely to have six figures in assets to pay a judgment. So I wouldn't worry too much. If it makes a difference, both the copyright holder and the contest organizers are large corporations. joat mon posted:I expect the purpose of the affidavit is a CYA for the organizers in case a copyright owner decides to go after them, since they probably have more money to pay a judgment than you do. That's what I figured, but I wanted to know if I need to be CYA-ing for myself here as well. I also did ask them if they would change what I'm signing. Haven't heard back yet... I suspected signing it was not a good plan. Thanks for confirming my suspicions. Now I just have to convince the rest of the group so that I'm not the rear end in a top hat who ruins the contest...
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Nov 19, 2010 20:19
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Alaemon posted:If only I knew a lawyer! I have to wonder what my life would be like in such fantastic and hypothetical circumstances. Could you imagine what life would be like if you were a lawyer? I imagine it must be like frolicking through a forest where the trees are made of money and chocolate! 
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Nov 19, 2010 20:28
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Dr. Mantis Toboggan posted:Could you imagine what life would be like if you were a lawyer? I imagine it must be like frolicking through a forest where the trees are made of money and chocolate! And bourbon rains down from the sky
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Nov 19, 2010 20:32
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Quickie legal question regarding privacy / credit collections laws: Jurisdiction: Arizona (My loan should be governed by AZ laws only since I got it done through a local company who then sold it to my current lender - but I don't know for sure). Summary: I'm dealing with a pending foreclosure / attempted loan mod and exchange a lot of emails and phone calls with the folks from my lender. My lender's representative recently sent out a massive email to all of the folks for whom she was handling loan modifications/evaluation saying "We're transferring you to another loan agent." The pisser here is that she included all of our emails in the CC field (so a couple dozen email addresses are included on the list). These guys have been terrible to deal with and damned near useless, and what I'm wondering is if I have a legitimate grump with them for sharing my personal email address with 40 of their other customers, and the fact that we're going through debt resolution. It's not a huge breach of privacy but it's just pissed me off. Does anyone have any idea if I have a legitimate lawsuit against them under any consumer protection laws? I can follow up with attorney if so, I just feel kind of awkward going into the office for something like this without any idea if it's even meaningful or not. Thanks a lot! Additional info: The rep disclosed that we were all in the process of working on short sales. Girk fucked around with this message at 07:12 on Nov 23, 2010 |
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Nov 23, 2010 07:02
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If one gets some form of DUI, do you lose your license at the time of sentencing?
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Nov 23, 2010 09:00
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The Valuum posted:If one gets some form of DUI, do you lose your license at the time of sentencing? It really depends on your jurisdiction and the particular case. There are maximum and sometimes minimum penalties for first, second, and third offense DUIs. A good lawyer will plead a DUI down to a lesser charge such as reckless driving where you won't have to surrender your license. This is obviously much more difficult for a second or third offense than a first offense. In my jurisdiction, a second DUI offense requires a minimum 3 year license suspension, which you would surrender immediately.
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Nov 23, 2010 13:05
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Girk posted:Foreclosure / privacy question. Why do you believe that you have any privacy interest in the fact that you are in foreclosure? If a foreclosure was filed, it is a matter of public record.
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Nov 23, 2010 17:01
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The Valuum posted:If one gets some form of DUI, do you lose your license at the time of sentencing? There's absolutely no point in asking any question in this thread without saying where you live.
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Nov 23, 2010 18:12
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Solomon Grundy posted:Why do you believe that you have any privacy interest in the fact that you are in foreclosure? If a foreclosure was filed, it is a matter of public record. It's not yet been foreclosed. It's up for short sale and being negotiated for a deed-in-lieu (hopefully). The reason I think I have a privacy concern is that I believe it is both wrong and possibly illegal for a debt collector to email a bunch of people (disclosing their personal email addresses) and detail that they are working toward short sales. A bunch of random people on the internet now know a good amount of privileged information about me, which is none of their damned business. What if one of the people on the list that was disclosed is a shady dude, and uses this information to defraud another person on the list who is not as internet savvy as me?
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Nov 24, 2010 08:01
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Corsair Jr posted:It really depends on your jurisdiction and the particular case. There are maximum and sometimes minimum penalties for first, second, and third offense DUIs. A good lawyer will plead a DUI down to a lesser charge such as reckless driving where you won't have to surrender your license. This is obviously much more difficult for a second or third offense than a first offense. In my jurisdiction, a second DUI offense requires a minimum 3 year license suspension, which you would surrender immediately. Add in the fact that my state has something called "Administrative License Revocation" meaning "The DMV (not the courts) can suspend your license after a positive breathalyzer test and a non-judicial hearing."
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Nov 24, 2010 08:16
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