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Sir Sidney Poitier
Aug 14, 2006

My favourite actor


A friend of mine had their tyres let down and they know who did it. In the UK, does this count as criminal damage? There is no permanent damage, but maybe goodness has been depleted? Basically is there anything that makes it worth going to the police?

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loopsheloop
Oct 22, 2010
Wichita Falls, TX

I chose deferred adjudication for a speeding ticket, and paid the fine a few months ago. I was also required to take a defensive driving class because I am under 25 years old. I thought that our proof of attendance would be given to us at the end of the class, but it is a certificate sent in the mail from Austin.

The deadline to turn it in is Monday and I don't think it will be here yet; what is going to happen for violating the deferred adjudication?

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

Anjow posted:

A friend of mine had their tyres let down and they know who did it. In the UK, does this count as criminal damage? There is no permanent damage, but maybe goodness has been depleted? Basically is there anything that makes it worth going to the police?

There is almost certainly some sort of criminal mischief statute in your jurisdiction that covers that. Since you know who did it, it's definitely worth going to the police with.

FoiledAgain
May 6, 2007

I have a few general questions about law: Sometimes you hear about places having crazy old-fashioned laws still in force (e.g. in Alaska, kangaroos are not allowed in barber shops). I figure that a lot of these are invented, but supposing some are real they seem like laws which are rarely, if ever, invoked anymore. Why do they still exist? Can a law "expire" if it isn't used after so many years? Or do you have to specially revoke laws? What would be the likely outcome of someone ending up in court on a count of bringing a kangaroo into a barber shop?

I live in Canada, but I'd be interested to know how this process works anywhere.

USDA Choice
Jul 4, 2004

BIG TEN PRIDE

FoiledAgain posted:

I have a few general questions about law: Sometimes you hear about places having crazy old-fashioned laws still in force (e.g. in Alaska, kangaroos are not allowed in barber shops). I figure that a lot of these are invented, but supposing some are real they seem like laws which are rarely, if ever, invoked anymore. Why do they still exist? Can a law "expire" if it isn't used after so many years? Or do you have to specially revoke laws? What would be the likely outcome of someone ending up in court on a count of bringing a kangaroo into a barber shop?

I live in Canada, but I'd be interested to know how this process works anywhere.

Do you want your city council/provincial legislature/whatever having hearings on what constitutes useless, going through other procedural necessities, paying a consultant to cull a list, and whatever else it takes? Or would you prefer the new Speed Limit signs go up promptly? There may be other arguments but I've always found the wasted time (if not money) aspect the most compelling.

Can they expire? Well obviously that depends place to place but the general answer is no, so you have to revoke them.

Likely outcome? If there wasn't some ulterior motive like trying to politically punish someone, then the chances are very slim.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

FoiledAgain posted:

I have a few general questions about law: Sometimes you hear about places having crazy old-fashioned laws still in force (e.g. in Alaska, kangaroos are not allowed in barber shops). I figure that a lot of these are invented, but supposing some are real they seem like laws which are rarely, if ever, invoked anymore. Why do they still exist? Can a law "expire" if it isn't used after so many years? Or do you have to specially revoke laws? What would be the likely outcome of someone ending up in court on a count of bringing a kangaroo into a barber shop?

I live in Canada, but I'd be interested to know how this process works anywhere.

Yes, some laws contain provisions that they sunset after a certain time. Other times, the crazy laws either don't really exist, or are interpreted from sane laws (i.e. banning importation or possession of marsupials is less sexy than claiming it's banning a kangaroo from showering.), or are old, longstanding common law. In some cases, we actually imported the common law as it was written from England, thus adopting (at the state level) some of their old crazy laws. For instance, until the loophole was closed, it was at one point legal to demand trial by combat if your motion for production was denied during the discovery stage of a lawsuit. That's what we lawyers get paid to do, exploit everything we can find to win our case.

FoiledAgain
May 6, 2007

SWATJester posted:

Yes, some laws contain provisions that they sunset after a certain time.

Could you give an example? What reason would you have to put a time limit in there? (Maybe laws enacted during an emergency or something?)

Loopyface
Mar 22, 2003

FoiledAgain posted:

Could you give an example? What reason would you have to put a time limit in there? (Maybe laws enacted during an emergency or something?)

http://en.wikipedia.org/wiki/Federal_assault_weapons_ban

It sunsetted in '04, and rightly so.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

FoiledAgain posted:

Could you give an example? What reason would you have to put a time limit in there? (Maybe laws enacted during an emergency or something?)

That or they were controversial.

Certain provisions of the patriot act, for instance -- that's both controversial and "emergency".

for sale
Nov 25, 2007
I AM A SHOPLIFTER
South CA

I got off work and pulled out of my spot, but bumped a car. I flipped around, checked what happened, panicked, and drove off. The damage isn't too bad, some turtlewax could take care of it honestly, but I think the parking complex has cameras since there is a 24/7 security force and police station. Would I do better to contact the security there now or just take my chances and wait and see if the driver notices it?

for sale fucked around with this message at 13:22 on Mar 18, 2011

Apollodorus
Feb 13, 2010

TEST YOUR MIGHT
:patriot:
Hey, so, my girlfriend and I are thinking of moving to Florida. Yesterday we learned that cohabitation is illegal. Are we going to be able to get an apartment together? Are we going to have difficulty establishing residency?

Rent-A-Cop
Oct 15, 2004

I posted my food for USPOL Thanksgiving!

Apollodorus posted:

Hey, so, my girlfriend and I are thinking of moving to Florida. Yesterday we learned that cohabitation is illegal. Are we going to be able to get an apartment together? Are we going to have difficulty establishing residency?

Yes and no. IANAL but I've lived in Florida for about a decade and I had never even heard of this law until today. As far as I can gather it's one of those laws that is on the books but is never or very rarely enforced. I know plenty of people who cohabitate and none of them have ever had any legal issues because of it.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

FoiledAgain posted:

I have a few general questions about law: Sometimes you hear about places having crazy old-fashioned laws still in force (e.g. in Alaska, kangaroos are not allowed in barber shops). I figure that a lot of these are invented, but supposing some are real they seem like laws which are rarely, if ever, invoked anymore. Why do they still exist? Can a law "expire" if it isn't used after so many years? Or do you have to specially revoke laws? What would be the likely outcome of someone ending up in court on a count of bringing a kangaroo into a barber shop?

I live in Canada, but I'd be interested to know how this process works anywhere.

Apollodorus posted:

Hey, so, my girlfriend and I are thinking of moving to Florida. Yesterday we learned that cohabitation is illegal. Are we going to be able to get an apartment together? Are we going to have difficulty establishing residency?

Today's "improve your word power" word is desuetude (des-wit-ude): where a law becomes unenforceable by action of time and non-enforcement.

In any event, I'd imagine the constitutional privacy protections most recently upheld in Lawrence v. Texas would apply to cohabitation as well.

Wyatt
Jul 7, 2009

NOOOOOOOOOO.

Apollodorus posted:

Hey, so, my girlfriend and I are thinking of moving to Florida. Yesterday we learned that cohabitation is illegal. Are we going to be able to get an apartment together? Are we going to have difficulty establishing residency?

Florida Statutes 798.02 posted:


If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together... they shall be guilty of a misdemeanor.


Just don't sleep with her and you'll be fine.

Fake edit: Seriously, this strikes me as the kind of thing that would only be charged if you were being nasty (e.g. loving in the apartment complex hot tub). Assuming you're upstanding members of society, I wouldn't sweat it. But I am not a Florida cop/DA/judge, so proceed at your own risk.

Actual edit: I concur with Joat Mon re: Lawrence v. Texas.

Wyatt fucked around with this message at 14:22 on Mar 18, 2011

Apollodorus
Feb 13, 2010

TEST YOUR MIGHT
:patriot:

Wyatt posted:

Just don't sleep with her and you'll be fine.

Fake edit: Seriously, this strikes me as the kind of thing that would only be charged if you were being nasty (e.g. loving in the apartment complex hot tub). Assuming you're upstanding members of society, I wouldn't sweat it. But I am not a Florida cop/DA/judge, so proceed at your own risk.

Actual edit: I concur with Joat Mon re: Lawrence v. Texas.

Well, that's sort of encouraging. But I am sort of nervous about our ability to get an apartment--it looks like a landlord would be within his/her rights to refuse to lease us a place if it looked as though we were going to be (technically) breaking the law.

EDIT: VVVVV Okay, good to know. Makes me feel better. VVVVV

Apollodorus fucked around with this message at 15:13 on Mar 18, 2011

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Also the federal Fair Housing Act supersedes.

MJP
Jun 17, 2007

Are you looking at me Senpai?

Grimey Drawer
This is probably something I'd have to take to the county bar lawyer referral, but maybe someone who knows NJ law or just weird stuff in general knows.

I just bought a house. During the process, PNC failed to meet three closing deadlines in a row. We were offered a $1,000 closing credit, which failed to show up on the HUD-1. After we closed, I talked to the PNC rep who had probably been the cause, and he said he'd send a check. Weeks passed, we didn't receive it. I emailed him again asking for the check within five working days, he said he'd send me a tracking number and I'd have the check within ten working days.

It's been twelve working days - nothing. Two days ago I sent him a certified letter saying that I expected it within five days of his receipt of the letter or I would seek the maximum relief allowed by law.

I'm going to take him to small claims court if I don't receive it, but here's my questions:

1) When I file, do I put PNC as the defendant or the mortgage rep himself as the defendant?

2) Is there a specific statute that covers closing costs, or is there some kind of cap on how much I can take him to court for? When I was looking into Landlord/Tenant court for a withheld security deposit, no reason given, the guidelines and statute both stated I could sue for double what I was owed.

3) The statements that allowed for the closing costs were emails that were sent by the mortgage rep. He specifically states that a closing cost of $1,000 will be credited at closing. There's a chain of this. Furthermore, I've got tons of emails that basically state how he has delayed the mortgage process itself and lead me to believe that he himself is the source of the delay. Are those emails going to help me? Do I need to do anything in order to prove their validity? What kind of evidentiary process, if any, governs an email in my inbox for this kind of small claim?

Feces Starship
Nov 11, 2008

in the great green room
goodnight moon

Apollodorus posted:

Well, that's sort of encouraging. But I am sort of nervous about our ability to get an apartment--it looks like a landlord would be within his/her rights to refuse to lease us a place if it looked as though we were going to be (technically) breaking the law.

EDIT: VVVVV Okay, good to know. Makes me feel better. VVVVV

Don't feel "better," feel totally completely and totally without fear or worry about this situation.

The law is federally preempted, unconstitutional, and unenforced. There is a zero percent chance anything bad happens to you in any way because of this ancient law.

adonis_dna
Mar 20, 2011

by T. Finn
I have some questions about competing with a former employer that I hope you legal goons can answer. This is all happening in Georgia, the product is software and the business I currently work for is small (<50 people).

For the past six months I have been creating a program that will compete in the same industry as my current employer does. At the outset of the project I did some fact checking about competing with a former employer.

1)I have signed no non-compete agreement, invention clause or any other type of restrictive covenant. The only thing I received upon starting work was a letter from the owner explaining my salary and benefits as well as my W-2 forms.

2)I have not stolen any trade secrets, of which the only arguable trade secret they have is their customer list. I was in charge of a project that had me downloading the customer list and running analysis on it but that was part of my job and I have kept no copy of the list.

3)I have not been running my business while working for them. I have already organized my LLC, built the program I'm going to sell, etc but have not solicited any clients.

This all seems like the boilerplate "So You Want to Compete With Your Former Employer?" advice you get from lawyers but I'm still worried that the owner of the company is going to be so emotional when he finds out what I left the company to do that he will file a lawsuit against me to try and bankrupt my new company.

Since I have no contractual obligations not to compete, I imagine he will claim I misappropriated trade secrets.

My questions: What can I do to further protect myself? Also, what are the chances that something like this would actually go to discovery/trial? Would it be enough for his complaint to say, "Employee A worked closely with the customer list in his duties and is now running a competing company" or does he have to provide definitive proof in his complaint that I have done something wrong?

Essentially, do complaints need to be more concrete than "We think he did something wrong" or will judges really let that stuff go to trial? What is my exposure here and how do I prevent my new company from being destroyed by a malicious lawsuit?

Sonic Dude
May 6, 2009
Ohio petit jury duty question here.

My wife and I both got picked for jury duty, receiving our letters the same day and being scheduled the same week ("random" my rear end). This is a problem, because I work full-time and unless I can convince them otherwise, my employer doesn't have any policy in place to pay the difference in my income during the time I'm out (and Ohio doesn't require them to do so). It's a double-problem, because my wife is a full-time student and has class during the times that we'd be required to sit in the courthouse.

As I understand it, she should be OK if she sends in the excuse request with a copy of her school schedule and ID. I'm significantly more worried, though, about the major loss in income that jury duty presents to me. There's an option on the excuse request for "financial hardship;" is that a hard thing to justify claiming? It wouldn't destroy us financially, but I'm looking at a $700/wk. loss in income, which is significant and would certainly put us behind on more than one bill. Do I need to send in financial records, or would a letter from my employer stating that they won't pay me the rest of my wages during that time suffice?

I just want to have the highest chance possible of either getting out of jury duty, or having some way to continue paying the bills during that week (or longer if I get picked for something big).

If there's a better place to ask this, definitely let me know and I'll move it to that thread. Thanks in advance for the help.

Solomon Grundy
Feb 10, 2007

Born on a Monday

Sonic Dude posted:

Ohio petit jury duty question here.

My wife and I both got picked for jury duty, receiving our letters the same day and being scheduled the same week ("random" my rear end). This is a problem, because I work full-time and unless I can convince them otherwise, my employer doesn't have any policy in place to pay the difference in my income during the time I'm out (and Ohio doesn't require them to do so). It's a double-problem, because my wife is a full-time student and has class during the times that we'd be required to sit in the courthouse.

As I understand it, she should be OK if she sends in the excuse request with a copy of her school schedule and ID. I'm significantly more worried, though, about the major loss in income that jury duty presents to me. There's an option on the excuse request for "financial hardship;" is that a hard thing to justify claiming? It wouldn't destroy us financially, but I'm looking at a $700/wk. loss in income, which is significant and would certainly put us behind on more than one bill. Do I need to send in financial records, or would a letter from my employer stating that they won't pay me the rest of my wages during that time suffice?

I just want to have the highest chance possible of either getting out of jury duty, or having some way to continue paying the bills during that week (or longer if I get picked for something big).

If there's a better place to ask this, definitely let me know and I'll move it to that thread. Thanks in advance for the help.

First, try the financial hardship thing, and if that doesn't work, then show up for the first day (take a book). In every voir dire I've done or seen, someone always asks the prospective jurors "is there any reason why, if selected, you would have difficulty serving?" When they ask, open up, and you will probably be excused for cause. It will probably take half a day, though. Financial records are not necessary at the voir dire, you will be accepted at your word.

Solomon Grundy
Feb 10, 2007

Born on a Monday

adonis_dna posted:

I have some questions about competing with a former employer that I hope you legal goons can answer. This is all happening in Georgia, the product is software and the business I currently work for is small (<50 people).

For the past six months I have been creating a program that will compete in the same industry as my current employer does. At the outset of the project I did some fact checking about competing with a former employer.

1)I have signed no non-compete agreement, invention clause or any other type of restrictive covenant. The only thing I received upon starting work was a letter from the owner explaining my salary and benefits as well as my W-2 forms.

2)I have not stolen any trade secrets, of which the only arguable trade secret they have is their customer list. I was in charge of a project that had me downloading the customer list and running analysis on it but that was part of my job and I have kept no copy of the list.

3)I have not been running my business while working for them. I have already organized my LLC, built the program I'm going to sell, etc but have not solicited any clients.

This all seems like the boilerplate "So You Want to Compete With Your Former Employer?" advice you get from lawyers but I'm still worried that the owner of the company is going to be so emotional when he finds out what I left the company to do that he will file a lawsuit against me to try and bankrupt my new company.

Since I have no contractual obligations not to compete, I imagine he will claim I misappropriated trade secrets.

My questions: What can I do to further protect myself? Also, what are the chances that something like this would actually go to discovery/trial? Would it be enough for his complaint to say, "Employee A worked closely with the customer list in his duties and is now running a competing company" or does he have to provide definitive proof in his complaint that I have done something wrong?

Essentially, do complaints need to be more concrete than "We think he did something wrong" or will judges really let that stuff go to trial? What is my exposure here and how do I prevent my new company from being destroyed by a malicious lawsuit?

Are you planning to use the code you have been writing at the job? If so, the copyright in the code likely belongs to your employer, which will present them with very good grounds to sue you. Even if you aren't going to use their code, what you learned in developing the code may be considered trade secrets - trade secrets are more than just customer lists - it can include business models and other proprietary information. Finally, even in the absence of a non-compete, many states recognize a "duty of loyalty" which means you can't take overt acts to lay the groundwork to compete with an employer before leaving without breaching the duty.

Finally, even if none of the above apply, you are right to be concerned about an "it looks bad" complaint being filed against you. I don't know what level of specificity Georgia requires in a complaint, but I have both brought and defended similar suits in my state. The complaint in most states only needs to describe, in general terms, the nature of the claim, to give you fair notice of the claims you will have to defend.

It may seem unfair (as was noted above by a different poster) that an opponent can file a lawsuit without concrete proof in hand as to your bad conduct. But it is not always possible to have concrete proof in hand. For example, if you are hurt by a defective product, you are not going to know from the product packaging that there was a malfunctioning machine on the assembly line that made an exploding tire rim, for example. You will have to investigate to learn that fact, and our society has decided to give litigants the tools, in the form of subpoenas and depositions, to try to uncover the truth.

Also, you ask, "what are the chances that something like this would actually go to discovery/trial?" Those are two very different questions. In any lawsuit, if a complaint gets filed, discovery is very likely to occur. After discovery closes, then motions get filed where each side argues that they should win without a trial. If there are any legitimate factual disputes, then the motions should not be granted, and the factual issues get tried to a jury.

But in trade secrets cases, the employer usually seeks a T.R.O. and an injuction, and depositions and hearings are scheduled very quickly (like a couple of weeks). If you don't defend the suit, you will lose. If you do defend the suit, you will rack up a lot in legal fees very quickly.

How to protect yourself? You will have to hire a local lawyer. You will want a lawyer up to speed before the complaint gets filed, because time is of the essence in the accellerated pace of a trade secrets case.

You may be wishing for a mechanism to seperate malicious lawsuits from meritorious lawsuits before a complaint ever gets filed. But you and your opponent are likely going disagree as to the merit of the complaint. And there is no way to determine who is right or wrong before the suit is filed, discovery is done, and an impartial judge or jury determines the facts.

Sonic Dude
May 6, 2009

Solomon Grundy posted:

First, try the financial hardship thing, and if that doesn't work, then show up for the first day (take a book). In every voir dire I've done or seen, someone always asks the prospective jurors "is there any reason why, if selected, you would have difficulty serving?" When they ask, open up, and you will probably be excused for cause. It will probably take half a day, though. Financial records are not necessary at the voir dire, you will be accepted at your word.
Awesome, thank you. I was worried that if I submitted the form with "financial hardship" checked, I'd have to prove that I meet some arcane income-bracket requirement or somehow get screwed. The more I think about it, the more that doesn't make sense, because even someone who normally makes $200k a year is going to be screwed if they get stuck on a long case making the pittance that the county throws at jurors.

On a significantly less-pressing note: Are people in the pool generally allowed to have a phone with games on it while waiting, or should I take an actual, bona fide book? :)

Solomon Grundy
Feb 10, 2007

Born on a Monday

Sonic Dude posted:

Awesome, thank you. I was worried that if I submitted the form with "financial hardship" checked, I'd have to prove that I meet some arcane income-bracket requirement or somehow get screwed. The more I think about it, the more that doesn't make sense, because even someone who normally makes $200k a year is going to be screwed if they get stuck on a long case making the pittance that the county throws at jurors.

On a significantly less-pressing note: Are people in the pool generally allowed to have a phone with games on it while waiting, or should I take an actual, bona fide book? :)

Unless it is a really rural county, or a really old judge, you can have your phone with you.

Loopyface
Mar 22, 2003

Solomon Grundy posted:

Unless it is a really rural county, or a really old judge, you can have your phone with you.

Several courts in Houston don't allow anyone to have their phones out; lawyers, spectators and jurors included.

Alaemon
Jan 4, 2009

Proctors are guardians of the sanctity and integrity of legal education, therefore they are responsible for the nourishment of the soul.

Sonic Dude posted:

On a significantly less-pressing note: Are people in the pool generally allowed to have a phone with games on it while waiting, or should I take an actual, bona fide book? :)

Courthouse-by-courthouse or even judge-by-judge basis. The general rule at my courthouse is that potential jurors must leave cell phones in their cars.

Hippokleides
Mar 20, 2011

by Ozma
Same here in this county, and if it's a big case then they'll check you at security and make you store it in a locker downstairs.

Hippokleides fucked around with this message at 01:03 on Mar 21, 2011

adonis_dna
Mar 20, 2011

by T. Finn

Solomon Grundy posted:

Are you planning to use the code you have been writing at the job? If so, the copyright in the code likely belongs to your employer, which will present them with very good grounds to sue you. Even if you aren't going to use their code, what you learned in developing the code may be considered trade secrets - trade secrets are more than just customer lists - it can include business models and other proprietary information. Finally, even in the absence of a non-compete, many states recognize a "duty of loyalty" which means you can't take overt acts to lay the groundwork to compete with an employer before leaving without breaching the duty.

Finally, even if none of the above apply, you are right to be concerned about an "it looks bad" complaint being filed against you. I don't know what level of specificity Georgia requires in a complaint, but I have both brought and defended similar suits in my state. The complaint in most states only needs to describe, in general terms, the nature of the claim, to give you fair notice of the claims you will have to defend.

It may seem unfair (as was noted above by a different poster) that an opponent can file a lawsuit without concrete proof in hand as to your bad conduct. But it is not always possible to have concrete proof in hand. For example, if you are hurt by a defective product, you are not going to know from the product packaging that there was a malfunctioning machine on the assembly line that made an exploding tire rim, for example. You will have to investigate to learn that fact, and our society has decided to give litigants the tools, in the form of subpoenas and depositions, to try to uncover the truth.

Also, you ask, "what are the chances that something like this would actually go to discovery/trial?" Those are two very different questions. In any lawsuit, if a complaint gets filed, discovery is very likely to occur. After discovery closes, then motions get filed where each side argues that they should win without a trial. If there are any legitimate factual disputes, then the motions should not be granted, and the factual issues get tried to a jury.

But in trade secrets cases, the employer usually seeks a T.R.O. and an injuction, and depositions and hearings are scheduled very quickly (like a couple of weeks). If you don't defend the suit, you will lose. If you do defend the suit, you will rack up a lot in legal fees very quickly.

How to protect yourself? You will have to hire a local lawyer. You will want a lawyer up to speed before the complaint gets filed, because time is of the essence in the accellerated pace of a trade secrets case.

You may be wishing for a mechanism to seperate malicious lawsuits from meritorious lawsuits before a complaint ever gets filed. But you and your opponent are likely going disagree as to the merit of the complaint. And there is no way to determine who is right or wrong before the suit is filed, discovery is done, and an impartial judge or jury determines the facts.

Thanks for the info Solomon. All of my code was written by me and only for my project, which would be easy to prove in court. Some other questions if you don't mind:

1) Could you give a ballpark figure for the amount of billable hours that could accrue if this followed the standard steps of a trade secret case? What apportionment of time is typically spent pre-discovery, post-discovery and during trial? Essentially, what dollar range would you deem necessary for defending yourself from one of these suits?

2) Would it be reasonable to file a counterclaim against my employer? What would this counterclaim say? Obviously my assertion is that he is intentionally trying to damage a competing company out of spite and that his complaint has caused $X dollars in damage to me. It would seem fairly unjust to be exonerated but still penniless at the end of a trial.

3) If I can't afford the legal fees is my only other option pro se representation? Do I stand a chance of navigating the court system by myself and, given that I have done nothing wrong, successfully defending myself or will a competent lawyer run circles around me and make me appear guilty regardless?

Thanks a lot for any insight.

Solomon Grundy
Feb 10, 2007

Born on a Monday

adonis_dna posted:

Thanks for the info Solomon. All of my code was written by me and only for my project, which would be easy to prove in court. Some other questions if you don't mind:

1) Could you give a ballpark figure for the amount of billable hours that could accrue if this followed the standard steps of a trade secret case? What apportionment of time is typically spent pre-discovery, post-discovery and during trial? Essentially, what dollar range would you deem necessary for defending yourself from one of these suits?

2) Would it be reasonable to file a counterclaim against my employer? What would this counterclaim say? Obviously my assertion is that he is intentionally trying to damage a competing company out of spite and that his complaint has caused $X dollars in damage to me. It would seem fairly unjust to be exonerated but still penniless at the end of a trial.

3) If I can't afford the legal fees is my only other option pro se representation? Do I stand a chance of navigating the court system by myself and, given that I have done nothing wrong, successfully defending myself or will a competent lawyer run circles around me and make me appear guilty regardless?

Thanks a lot for any insight.

1) Really hard to say. I will tell you the same thing I tell my clients - I control only one side of the litigation. If your opponent notices 10 depositions, I have to sit through them. If your opponent files a 35 page pretrial brief, I have to read it and respond. Let's say a few thousand if a deal gets done around the time of the TRO, tens of thousands if it goes to a preliminary injunction hearing.

2) You could counterclaim for abuse of process or filing a frivolous lawsuit, but from what you describe, I don't think your claims would be successful. You are embarking on a path where anyone in your employer's shoes - including the judge - would be very suspicious that you are taking the employer's code or trade secrets. You can protest all you want that you aren't doing that, but the employer doesn't have to take your word for it - he can investigate your defenses through discovery. Even if, after discovery, he can't prove his case against you, that doesn't mean that he didn't have reasonable grounds to bring suit in the first place. In other words, just losing a case doesn't mean that it was frivolous to begin with.

3) These are hard cases with many weird issues which are challenging to even young lawyers. The law aside, there is no substitute for the experience of being through a few similar cases. I doubt you could navigate the waters pro se.

Athaalin
Aug 21, 2003

Did I ever mention that I like it COLD?
I just had an odd issue come up at work and normally I would just brush the whole thing off and wash my hands of it but, the person who brought this up has been incredibly nice and polite and so I wanted to see if my gut reaction is right.

(Located in California)

My current company's staff used to be part of an older company (Pretty much everyone is from the older company) who went bankrupt, and dissolved so it doesn't exist anymore but the people who worked for it came here and started all over. They used to make a line of Infrared Saunas that had a pretty lovely power box and since the forming of the new company it has been updated so it's not a giant box of crap. One of these old customers has called and asked if they could get one of our new boxes.

Talking to the techs it *should* be ok but my real question here is a liability issue, if we give/sell/whatever the product will that open up our company to liability on the old product should something else go wrong? Is there anyway to help them out without turning this into a potential legal nightmare?

My gut reaction is that this is just like having someone who bought a competitors product, then calls you up for replacement parts.

Thanks in advance.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Sonic Dude posted:

Awesome, thank you. I was worried that if I submitted the form with "financial hardship" checked, I'd have to prove that I meet some arcane income-bracket requirement or somehow get screwed. The more I think about it, the more that doesn't make sense, because even someone who normally makes $200k a year is going to be screwed if they get stuck on a long case making the pittance that the county throws at jurors.

On a significantly less-pressing note: Are people in the pool generally allowed to have a phone with games on it while waiting, or should I take an actual, bona fide book? :)
here they have wifi and plugs so you can bring a laptop.

Generally around here, you can have your phone (off), but they go to the bailiff during deliberation.

Loopyface
Mar 22, 2003

Athaalin posted:

I just had an odd issue come up at work and normally I would just brush the whole thing off and wash my hands of it but, the person who brought this up has been incredibly nice and polite and so I wanted to see if my gut reaction is right.

(Located in California)

My current company's staff used to be part of an older company (Pretty much everyone is from the older company) who went bankrupt, and dissolved so it doesn't exist anymore but the people who worked for it came here and started all over. They used to make a line of Infrared Saunas that had a pretty lovely power box and since the forming of the new company it has been updated so it's not a giant box of crap. One of these old customers has called and asked if they could get one of our new boxes.

Talking to the techs it *should* be ok but my real question here is a liability issue, if we give/sell/whatever the product will that open up our company to liability on the old product should something else go wrong? Is there anyway to help them out without turning this into a potential legal nightmare?

My gut reaction is that this is just like having someone who bought a competitors product, then calls you up for replacement parts.

Thanks in advance.

Your gut reaction should be to not get involved with this unless it's your job, and even then, you should call your company's counsel.

Athaalin
Aug 21, 2003

Did I ever mention that I like it COLD?

Loopyface posted:

Your gut reaction should be to not get involved with this unless it's your job, and even then, you should call your company's counsel.

Technically it is my job, I wear a lot of hats at work :smith:. As for the company's counsel? Oh that's right, companies that aren't totally cheap poo poo and not retarded have lawyers on retainer than can help with stuff like this. God I hate my job.
It took the last company getting sued out of existence to convince the boss that MAYBE having a lawyer ahead of time might have been a good idea.


I've already told them "no" but I'm curious about the liability in a situation like this. Distilling the issue down, if a company provides parts/help for a product that's not theirs if something goes wrong who becomes liable?

PancakeMan
Jun 24, 2007

Lose your time, lose your mind, drink that wine.
.

PancakeMan fucked around with this message at 04:03 on Jun 3, 2020

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

PancakeMan posted:

Hey, I hope I came to the right thread. I didn't really want to crap up Ask/Tell with my own. I have a court date for tomorrow for a criminal traffic infraction (driving with suspended liscence first degree). I have no idea what I'm in for, and frankly as it approaches I'm getting more scared.

As a little bit of background, I got a speeding ticket, and, like an idiot, I forgot about it. Cop pulls me over, tells me I've committed a criminal offense, handcuffs me, sits me in the back of the car for 5 minutes, then lets me go with a ticket. I immediately paid all fines 2 days later, got my liscence reinstated, the works. I still have the notice of adjudication.

I have no money for an attorney, and I've tried to find info on google, but to no avail. I'm just hoping I won't have to do anything serious. I'm just a college student and having to go to jail would ruin my life, simply put. I'm really hoping that I haven't done that to myself.

Anyway, it's in the state of Washington if that helps. Hopefully someone here knows.

Edit: 3rd degree, excuse me.

First, you're not going to jail.
The ticket carries up to 90 days in jail and up to $1000 fine. But again, you're not going to jail on this one.
Beyond that, you really need a local attorney to tell you what the 'standard deal' is for your ticket. Around here (not Washington) you'd be looking at about $300-400 in fines and costs.

Guru Yaekob
Feb 6, 2011

IRONKNUCKLE PERMABANNED! OFFERS 10-TOPIC POLITICAL DEBATE TO ANY LIBERAL - SA MEMBER STARTS TO ACCEPT, THEN BACKS OUT AND WETS PANTS AFTER LEARNING IRONKNUCKLE HAS DEBATED ON TELEVISION BEFORE! READ HERE
I'm going to have my own apartment soon basically taking one over after this tenant moves out, however I need 2 more roommates to afford it myself. One is going to be my best friend. Now my basic question is if we find some random person in the internet can I give him a room and charge him half what the actual rent is?

I have a great deal on my apartment its $800 for EVERYTHING. I want to charge the guy 400, he is getting the biggest room and possibly the garage. Then me and my buddy split the remaining 400. Is this against the law, I mean I cant tell the guy hey look we are paying 200 each and you gotta pay 400. I just want to keep my self out of any legal trouble. My name will be the ONLY one on the lease. Don't lecture me about how dumb that is I've got it covered.

john mayer
Jan 18, 2011

Yolkz posted:

I'm going to have my own apartment soon basically taking one over after this tenant moves out, however I need 2 more roommates to afford it myself. One is going to be my best friend. Now my basic question is if we find some random person in the internet can I give him a room and charge him half what the actual rent is?

I have a great deal on my apartment its $800 for EVERYTHING. I want to charge the guy 400, he is getting the biggest room and possibly the garage. Then me and my buddy split the remaining 400. Is this against the law, I mean I cant tell the guy hey look we are paying 200 each and you gotta pay 400. I just want to keep my self out of any legal trouble. My name will be the ONLY one on the lease. Don't lecture me about how dumb that is I've got it covered.

It makes sense to charge more for the bigger room, and you can sublease for whatever amount you want if your lease says it's okay. But don't be an rear end in a top hat about it. Charging someone double is kind of lovely.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

PancakeMan posted:

Hey, I hope I came to the right thread. I didn't really want to crap up Ask/Tell with my own. I have a court date for tomorrow for a criminal traffic infraction (driving with suspended liscence first degree). I have no idea what I'm in for, and frankly as it approaches I'm getting more scared.

As a little bit of background, I got a speeding ticket, and, like an idiot, I forgot about it. Cop pulls me over, tells me I've committed a criminal offense, handcuffs me, sits me in the back of the car for 5 minutes, then lets me go with a ticket. I immediately paid all fines 2 days later, got my liscence reinstated, the works. I still have the notice of adjudication.

I have no money for an attorney, and I've tried to find info on google, but to no avail. I'm just hoping I won't have to do anything serious. I'm just a college student and having to go to jail would ruin my life, simply put. I'm really hoping that I haven't done that to myself.

Anyway, it's in the state of Washington if that helps. Hopefully someone here knows.

Edit: 3rd degree, excuse me.

First, as joat said, you're not going to jail on a DWLS unless it's, like, your eighth one in two months. There's an outside shot you'll get some nominal community service, but most likely a few hundred in fines. You should note, however, that all courts are unique and all situations are unique and since we're not your lawyer we cannot say for sure whether or not you're going to jail.

Second, since you mentioned that you already got your license reinstated, there is a small chance that you will just be let off the hook entirely. I have no idea what your jurisdiction is like, but here if it's a routine "oops" suspension followed by immediate reinstatement we routinely let people off with little more than a fatherly lecture to not be so retarded in the future.

If you're really in a bind, try calling or showing up to your court's customer service and see if they can point you to any online resources for guys like you. They usually have a brochure or "roadmap to justice" or some poo poo at the very least. Or apply for a public defender. You're always entitled to apply to a public defender.

BigHead fucked around with this message at 20:10 on Mar 22, 2011

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

PancakeMan posted:

Hey, I hope I came to the right thread. I didn't really want to crap up Ask/Tell with my own. I have a court date for tomorrow for a criminal traffic infraction (driving with suspended liscence first degree). I have no idea what I'm in for, and frankly as it approaches I'm getting more scared.

As a little bit of background, I got a speeding ticket, and, like an idiot, I forgot about it. Cop pulls me over, tells me I've committed a criminal offense, handcuffs me, sits me in the back of the car for 5 minutes, then lets me go with a ticket. I immediately paid all fines 2 days later, got my liscence reinstated, the works. I still have the notice of adjudication.

I have no money for an attorney, and I've tried to find info on google, but to no avail. I'm just hoping I won't have to do anything serious. I'm just a college student and having to go to jail would ruin my life, simply put. I'm really hoping that I haven't done that to myself.

Anyway, it's in the state of Washington if that helps. Hopefully someone here knows.

Edit: 3rd degree, excuse me.
Remember that you might get some points if you plead to this.
In CA, that is 2 points, which will get someone with 2 tickets suspended.
If it is a misdemeanor, in most (at least many) states you have a right to a public defender if you can't afford an attorney. Use that. He may be able to get your fine reduced or plead to an offense without points or maybe isn't priorable.
I would note there are counties in CA that would try to give you 3 years probation for a first, though likely not jail.
In any event this is a bigger deal than a speeding ticket. Speak with a lawyer admitted in WA.

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hypocrite lecteur
Aug 21, 2008

by Y Kant Ozma Post

nm posted:

Remember that you might get some points if you plead to this.
In CA, that is 2 points, which will get someone with 2 tickets suspended.
If it is a misdemeanor, in most (at least many) states you have a right to a public defender if you can't afford an attorney. Use that. He may be able to get your fine reduced or plead to an offense without points or maybe isn't priorable.
I would note there are counties in CA that would try to give you 3 years probation for a first, though likely not jail.
In any event this is a bigger deal than a speeding ticket. Speak with a lawyer admitted in WA.

Holy man, 3 years probation for driving while suspended?

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