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Dunno it's a tough question. Good working relationships with the local prosecutors is probably the biggest one. Skill at and experience with advocacy. Trial experience. Knowledge of the law probably isn't as important as those other factors
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Jun 11, 2011 20:41
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God I never thought I would be making a post like this. Without going into too many details - I'm a moderator on a forum, suspended a user, and received an email from this user in which he is referencing personal aspects of my life, etc, etc. If this continues, I think it would fulfill the "substantial emotional distress" portion of U.S. Code 18 § 2261A - what would be my avenue of stopping it (I don't have the money for, and don't really want to go through the hassle of a lawsuit)? Is there a way to file for a federal restraining order? I don't want to keep getting daily emails  He's in VA, I'm in TX for what it's worth.
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Jun 11, 2011 22:15
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Without knowing a single thing about that code or what you're talking about, quit while you're ahead
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Jun 11, 2011 22:21
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Anything you do legally will be length and costly - you might be able to pursue a restraining order locally under best circumstances. Your best plan of action is a non-legal one - contact his ISP and report what he's been doing and ask them to put a stop to it.
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Jun 11, 2011 22:24
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ForgetfulFunctor posted:Assuming someone is on the borderline, should one prefer a public defender or private attorney? I've heard that public defenders are unable to give the best defense because they are overworked, but I've also heard that because only the most morally sound, die hard, tough lawyers are public defenders, that sometimes a public defender can be better than a bad lawyer trying to make a buck. Could you give your perspective on this? A public defender will be better than anyone that someone near the borderline can afford. We have resources, we will actually take your case to trial, we know everyone. Maybe we don't remember your face in court, but that isn't necessary until trial anyhow. Anyone can be a private criminal defense attorney. There is a long and involved application process to become a PD. There were over 150 applicants for my position. The above only applies to government employed public defenders. Contracts or appointed can be a mess.
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Jun 11, 2011 22:29
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My ipod got stolen and I think I know who stole it. I reported it to the local authorities and they told me to talk to the person and report it back to them if they will not give it back. I am planning on talking to the person but is there anything else I can do? Am I covering all my bases? Also what are the chances of getting the ipod back?
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Jun 12, 2011 01:56
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aarfo posted:Anything you do legally will be length and costly - you might be able to pursue a restraining order locally under best circumstances. This is the best advice. I used to work for time warner and they took customers harassing other people pretty seriously. I remember one case in particular where they got the police involved.
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Jun 12, 2011 16:21
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Here's a theoretical question. Suppose you get one of those threatening copyright infringement letters: "On the 12 of June 2011 IP address w.x.y.z downloaded Space Babes 9, copyrighted by Alien Erotica Inc. Your ISP says you are on the bill for this IP address. Please pay 5k now or AEI will sue you and 100 other people for a number larger than your combined bank accounts will ever see." But suppose you happened to have a copy of that cinematic masterpiece Space Babes 9 on the shelf? Is there any way you could escape the wrath of IP litigation without a lawyer? Does having a license to the work give you a right to download it? Could it be used to indicate that the evidence must be wrong, since why would you download a film you already own.. but without letting the case go all the way to court? I'm curious because it seems that a copyright-holder could easily sue anyone, anywhere, without any evidence and so long as the numbers are large enough, be assured of a profit from early settlements. Mere mortals can't take the risk of life-ending debt, regardless of guilt or innocence. I'm guessing that this is not a valid loophole, but I'm curious. (For the record, my extraterrestrial porno collection is fully funded; I'm not a pirate nor do I intend to become one. I'm just curious because that doesn't seem to matter when it comes to these suits.)
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Jun 12, 2011 16:57
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I hate IP law as much as it's possible to, and IP law is different in some important ways between Canada and US, so grain of salt. But yeah I think you could be on the hook. If you own a DVD, the license on that DVD is for personal use. If you're downloading it to (and uploading it from) your computer, your license wouldn't cover that activity, you'd be infringing the copyright same as anyone else. As it stands right now in Canada if you copy a DVD that you own as a backup for personal use you're technically infringing copyright. There was a bill to add a statutory exemption that failed with the rest of Parliament over this last little bit.
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Jun 12, 2011 17:18
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Don't they almost always go after people for "sharing" or "uploading" rather than strictly downloading?
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Jun 12, 2011 17:26
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beejay posted:Don't they almost always go after people for "sharing" or "uploading" rather than strictly downloading? That's a good point. I've never seen one of these letters but that was my impression too. Which means my "loophole" would be worthless.
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Jun 12, 2011 17:38
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I live in a duplex in Boiling Springs, SC and woke up a few days ago to find both the yard attached to mine (the property is vacant) and mine cut. Today I received a letter in the mail from my landlord that they are billing me $45 for cutting the grass. I'm looking over the rental agreement and the only mention is has about yard maintenance is "Tenant will maintain the following items at their own expense: ... keep lawn and shrubbery trimmed". At no point in the agreement does it say that the Landlord will provide the service. It sounds pretty messed up to me that the landlord can bill me for a service without trying to contact me through mail, telephone call or person to person, especially when the renters agreement does not state a maximum grass length. Is there a law that they are breaking without giving me a warning before performing a service and is it even worth trying to argue them over it?
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Jun 12, 2011 17:46
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I work at a drafting and design firm in WV, and we're putting together a map of gas wells for a major mining company in the area. There's potentially a lot of money at stake for our client, and an error could gently caress things up mightily for everyone involved. The property lines we were given are inaccurate enough, and the litigious nature of our client make us uncomfortable enough, to want to cover our rear end from any kind of liability. What is the best, most concise way, to disclaim our responsibility for the accuracy of the map? And if worst came to worst, would something like that actually protect us in any meaningful way?
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Jun 12, 2011 18:34
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homeless snail posted:I work at a drafting and design firm in WV, and we're putting together a map of gas wells for a major mining company in the area. There's potentially a lot of money at stake for our client, and an error could gently caress things up mightily for everyone involved. The property lines we were given are inaccurate enough, and the litigious nature of our client make us uncomfortable enough, to want to cover our rear end from any kind of liability. If this is truly something that your firm is worried about, there is no excuse for not hiring a lawyer to help draft the disclaimer language. I doubt you're going to get what you need from our ad-hoc responses in this thread.
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Jun 12, 2011 19:26
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Cyks posted:I live in a duplex in Boiling Springs, SC and woke up a few days ago to find both the yard attached to mine (the property is vacant) and mine cut. Today I received a letter in the mail from my landlord that they are billing me $45 for cutting the grass. I'm looking over the rental agreement and the only mention is has about yard maintenance is "Tenant will maintain the following items at their own expense: ... keep lawn and shrubbery trimmed". At no point in the agreement does it say that the Landlord will provide the service. I don't have any idea what the laws covering this would be, but I have a similar clause in my lease and got a letter from the rental company giving me 1 week to get the lawn cut before they would come do it and charge me $50. I hired someone for $15, so yeah I think they are probably supposed to send you a notice beforehand. It could be worth talking to them about.
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Jun 12, 2011 20:15
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Cassiope posted:I don't have any idea what the laws covering this would be, but I have a similar clause in my lease and got a letter from the rental company giving me 1 week to get the lawn cut before they would come do it and charge me $50. I hired someone for $15, so yeah I think they are probably supposed to send you a notice beforehand. It could be worth talking to them about. I've been told the same from a coworker who also rents but through a different company. Yeah, I know I should just talk to them about it, but this company has quite a few reviews noting how they find the smallest of reasons to avoid having to give your security deposit back and I'd hate to get on their bad side already with five months more on the lease.
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Jun 12, 2011 20:31
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crazy talk that I know the answer to already...
marchantia fucked around with this message at 04:13 on Jun 13, 2011 |
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Jun 13, 2011 01:32
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hypocrite lecteur posted:You sound like you're a crazy person, honestly. Anyways, file a complaint with the department. You're right in that it probably won't do anything, but if a stack of complaints against a particular officer gets high enough, it can be useful for defense counsel, and may actually be acted upon by the police. Thats quite interesting. Not to sidetrack this thread but could you elaborate a bit? Oddly enough someone else in the other thread said the same thing. I just did a tour overseas and somewhat feel the same way; sometimes reality and fantasy blur in my head. Military says I'm fine, but I feel like a mild case of PTSD. Your input would be greatly appreciated.
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Jun 13, 2011 03:25
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Cyks posted:I've been told the same from a coworker who also rents but through a different company. Yeah, I know I should just talk to them about it, but this company has quite a few reviews noting how they find the smallest of reasons to avoid having to give your security deposit back and I'd hate to get on their bad side already with five months more on the lease. Just be really polite about it. You can ask about their policy on notification about lawn service without even identifying yourself as a current tenant. I've had questions about my rental company policies and had fun calling them up pretending I was a prospective renter asking specific questions, then they don't tag you personally as the problem renter and you'll have the unbiased information to actually call and ask why you did not get your notification letter before they cut your lawn.
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Jun 13, 2011 04:44
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So how's it work when the apartment you lease is destroyed through fire or natural disaster? Are they required to find a place to house you, or just to release you from your lease? Are they required to prorate the remainder of your rent for the month? I assume they'd have to give back your security deposit unless you did something drastic like punch holes in the walls, right? I live in the potential flood area in Iowa. My lease doesn't have anything about this. BonerGhost fucked around with this message at 04:58 on Jun 13, 2011 |
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Jun 13, 2011 04:54
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ItchyDroopy posted:Thats quite interesting. Not to sidetrack this thread but could you elaborate a bit? Oddly enough someone else in the other thread said the same thing. I just did a tour overseas and somewhat feel the same way; sometimes reality and fantasy blur in my head. Military says I'm fine, but I feel like a mild case of PTSD. Your input would be greatly appreciated. Just your story didn't make a lot of sense and sounded very much like the kind of "I want to sue the government for putting a power meter on the side of my house" claim you hear from people who aren't all there. Talking about taking it to the federal level, unrelated story about your house getting robbed, writing seemed a bit off. No real red flags but it didn't make a lot of sense
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Jun 13, 2011 05:06
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ItchyDroopy posted:Thats quite interesting. Not to sidetrack this thread but could you elaborate a bit? Oddly enough someone else in the other thread said the same thing. I just did a tour overseas and somewhat feel the same way; sometimes reality and fantasy blur in my head. Military says I'm fine, but I feel like a mild case of PTSD. Your input would be greatly appreciated. Since you seem to want help and are at least temporarily open to advice I would like to provide an answer. I read your posts as they came up here and your other thread. -Your writing style is almost ESL level. Your grammar, spelling, and structure are a red flag. Huge solid paragraphs are the comforting blanket of the madman. -The "Goons that watch Law& Order" and "and bust sh*t up commando style" make you sound like Nan was watching the wrong channel at the old folk's home and got worked up. I know these were attempts at humor that might have worked in the past but you are on a very very wrong groove. -The strange side story that your Dad is living in a home that wasn't up to code and therefore might be familiar with the cops sounds like you're avoiding telling the whole truth there. You brought it up twice and yet were still unclear. -You never clearly state what YOUR goal is, not your father's, just some stuff about 6k in damaged and you don't like how you were treated. You don't sound like you have a mild case of PSTD, though I know that's the most popular Internet Disease at the moment. You sound disconnected from reality. Your letter is very disorganized, angry, and just messy. I have a feeling if you printed that out to send to someone it would've been gone over with a few highlighters and post-its with a bunch of fake secretary formatting you half remember from high school. My suggestion would be first to find a family doctor and talk to him. Talk to him about the things that bother you. Tell him about how maybe it feels like you've lost some control in your life and explain this situation to him. See how he responds. TELL THE DOCTOR YOUR DAD HAS CANCER, explain that this is enough additional stress to make most sane people act like fuckheads, let alone if you already had a problem. Next. You need a lawyer for whatever it is you want, reimbursements for the damage to the house? Get it fixed, keep every single receipt and piece of paper and file it away by dates in folders. Go to a lawyer and ask them what it would take to get the city to pay for it. I hope the best for you. I know you'll ignore this, but hopefully you have enough people in your life that care about you that enough warning signs will snap you out of it for a sec and you'll get help.
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Jun 13, 2011 08:52
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entris posted:If this is truly something that your firm is worried about, there is no excuse for not hiring a lawyer to help draft the disclaimer language. I doubt you're going to get what you need from our ad-hoc responses in this thread. Oh dear god, this is so true. The idea that you would risk your entire company on the legal advice from a web forum famous for people making GBS threads their pants is horrifying.
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Jun 13, 2011 09:55
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GO FISTING OFTEN posted:Since you seem to want help and are at least temporarily open to advice I would like to provide an answer. I read your posts as they came up here and your other thread. Thanks, this is excellent. I didn't realize you were referring to the old post about my dad. Those were very difficult times in my life; my dad has passed since then, and the house is a non issue anymore. However I think that accident may have left a bad taste in my mouth regarding how police "serves and protects." To address few points you have surfaced: - English is not my native language as few goons pointed out - PTSD, may be the latest internet craze, but it is also a very real issue that troubles a large chunk of combat engaged military personnel - Full disclosure, it is possible that my language skills may made it seem awkward, thus perhaps raising few eyebrows. I fail to understand the logic where question is asked but facts are avoided, or truth misrepresented - When you assume...  I appreciate your help, I'll definitely talk to a civilian doctor, even though it means I'll have to shell money out of my pocket... another reason about me not being so gung in obtaining a lawyer to file a police complaintAppreciate your help goons, you are good people, god bless and god bless america!
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Jun 13, 2011 11:41
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Legal question, specifically related to Connecticut. If someone is denied release by the warden, and isn't eligible to apply for parole(sentenced to two years, can't apply unless sentence is at least two years and a day), and said person has a relatively clean prison sheet as well as having done near every program the prison has to offer, are there any resources available or are we basically poo poo out of luck unless the Warden has a change of heart. *edit* If it makes any difference to resources available, the person plead guilty to numerous crimes including felonies but none of them were violent crimes, but more importantly and the bigger issue is they have a child that's almost a year old and the kid is currently living a life of being shuffled around from relative to relative depending on who can watch him on any day. Amused to Death fucked around with this message at 20:26 on Jun 13, 2011 |
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Jun 13, 2011 20:22
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Amused to Death posted:Legal question, specifically related to Connecticut. If someone is denied release by the warden, and isn't eligible to apply for parole(sentenced to two years, can't apply unless sentence is at least two years and a day), and said person has a relatively clean prison sheet as well as having done near every program the prison has to offer, are there any resources available or are we basically poo poo out of luck unless the Warden has a change of heart. If said person has been denied release after finishing said person's sentence, the warden's wrong and you need to get an attorney for said person. If said person has been denied early release from said person's sentence, that's at the Warden's discretion and said person is most likely stuck. Said person should ask said person's Classification Counselor why said person was denied. http://www.ct.gov/doc/lib/doc/pdf/familyfriendshandbook.pdf If "relatively clean prison sheet" means a Class A disciplinary report within 120 days or a Class B within 60 days or a security level higher than 2, that's why. If the problem is said person's security level, maybe you could sign up for said person to live with you. A CT attorney could probably provide more information. e: gender non-specificity and OCS flashbacks joat mon fucked around with this message at 20:52 on Jun 13, 2011 |
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Jun 13, 2011 20:48
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Andy Dufresne fucked around with this message at 20:04 on Jun 22, 2012 |
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Jun 13, 2011 22:17
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InfoAficionado posted:State is Nebraska, Douglas County. Step 1: Go get a criminal defense lawyer for your brother right now, preferably yesterday. Step 2: Do nothing, say nothing to anyone until after your brother's lawyer speaks with you. If you have no idea how to find a lawyer, your parents should call a lawyer they've used in the past and ask for references.
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Jun 13, 2011 22:21
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Andy Dufresne fucked around with this message at 20:04 on Jun 22, 2012 |
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Jun 13, 2011 22:29
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InfoAficionado posted:This is awful to say but my parents have paid a ton of lawyer fees for him in the past (and they can't afford it) so they cut him off several years ago. I'm sure he's got a few lawyers in his cell phone that he's used in the past. Suffice to say that this type of thing isn't uncommon. I'm sorry to hear that. If your brother hires a lawyer, you should go talk to her. If not, well, you will still have to answer the summons. I'm still a law student and do not know if you have a right to remain silent here, but perhaps some other legal goon can answer that. The one thing you should never do is lie while testifying, no matter how much you want to protect your brother.
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Jun 13, 2011 22:34
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Screwed by the rich and powerful I apologize in advance for keeping things vague, but the question is regarding a lawsuit that is currently going on. When I'm referring to my friend, he really is a friend. When he informed me of what his lawyers told him, I hit the roof and want to help him as much as I can. My friend went into business around 2000 with a well-to-do investor. My friend was the one with experience and know-how, his partner was the one with the money, and a small partner who knew real estate. They both went into business 60/40, signed the contract, and my friend became the minority owner. Over the years, my friend has never seen a balance sheet. When he asked his partner for the balance sheets, his partner would stonewall him, become hostile, and do everything in his power to prevent my friend from laying eyes on them. There were never any shareholder meetings. My friend was bullied into paying taxes out-of-pocket when the corporation is suppose to provide the funds. These three things directly violate the partnership contract. The last straw came when the partner forced my friend to close a profitable store for personal reasons. My friend fought him, asked to see the balance sheets, and refused to give in to his partner's stonewalling. The partner fired my friend. He has been denied entrance to any business locations, denied his paycheck, and any benefits. No termination letter was drawn up. No paperwork at all. My friend decided to sue. Through subpoenas, he finally got to see the balance sheets with an accountant friend of his. It was obvious why the partner was stonewalling. They found massive amounts of accounting fraud and tax evasion. The whole time the partner was doing this, he made my friend foot the tax bills all those years! Also, there was another location years ago that had to be closed since it wasn't making a profit. My friend had many doubts about this location but was reassured by the partner that it was ok. He later found out that the small real estate partner brokered the deal for the property and never intended on telling my friend. It was a MASSIVE conflict of interest. My friends lawyers thought that we would have a slam dunk lawsuit, until today. Over the course of the lawsuit, my friend's lawyers have learned about the partner. He is a very powerful man, involved in the community, and with lots of connections and people in his pocket. The lawyers were blunt with my friend when they told him to just keep his demands reasonable because this will not go to court. They told my friend, "He is going to get away with this.". The partner's lawyers, along with his connections, have been keeping the partner out of trouble for a very long time. The partner has been involved with many lawsuits and has not once come close to getting into any trouble. The most my friend can do is be reimbursed for tax money, receive any lost wages, and dissolve the company with all assets liquidated and distributed in adherance to the contract. That's not enough for me. My friend gave up a six figure job and many years of his life to pursue this business, which was his dream. I want the bastard to pay BIG!!!. I want to see assets seized and jail time. Does anybody have any legal advice on how to fight the "above the law" rich and powerful? This lawsuit is almost wrapped up. My friend is about to start mediation. The partner will either settle or walk away. If he walks away, good luck seeing a court date in the near future.
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Jun 13, 2011 22:54
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It sounds like there's a breach of fiduciary duty in addition to breach of contract. When you get into really blatant or egregious breaches of fiduciary duty you can start to see some pretty decent payouts, depending on the conduct and context. Probably not though. And jail time is definitely not happening. Leave it in your friends' lawyers' hands and call it a day, there's nothing you can do to help.
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Jun 13, 2011 23:24
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Not exactly what I wanted to hear, but you're probably right. My friend is over sixty years old and is now starting over. You grow up thinking there's some sense of justice left in the world, but, when you see what having lots and lots of money can do to undermine it, it's really disheartening.
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Jun 13, 2011 23:31
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NancyPants posted:So how's it work when the apartment you lease is destroyed through fire or natural disaster? Are they required to find a place to house you, or just to release you from your lease? Are they required to prorate the remainder of your rent for the month? I assume they'd have to give back your security deposit unless you did something drastic like punch holes in the walls, right? Most states limit your remedies to breaking the lease or a decrease in rent proportional to the destruction of the premises. In Iowa I'd check whatever your form of the Residential Landlord Tenant Act is. Iowa Code Title XIV, Subtitle 2, Chapter 562A, Section .25 says about what I just said. It would also be worth looking up the city and county codes you live in to see if they have more specific guidelines for destruction of rental premises - some cities will mandate moving expenses and the like.
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Jun 14, 2011 03:42
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To make a long story short: Friend falls through a hole on restaurant property which had no signs or warnings. Torn labrum. Has been miserable for the last few weeks, cannot work, drive, etc. Manager said they'd pay for hospital bills but has been taking their sweet rear end time while my friend is in serious pain. What's a realistic amount of money someone can receive if he decides to bring this to court?
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Jun 14, 2011 04:10
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fromsinkingsands posted:To make a long story short: Depends on how much the hospital bills run and how much your friend makes in wages. Not to mention the laws in the jurisdiction-- there's kind of a divide in a huge debate called paid or incurred. Buuuut... (I AM NOT A LAWYER. I AM NOT YOUR LAWYER. I AM NOT HIS LAWYER. THIS IS NOT LEGAL ADVICE. GET A SECOND OPINION.) Between five and very low six figures (and that six figures is really, really, really pushing it. The stars align or he's a star athlete or something).
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Jun 14, 2011 04:17
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InfoAficionado posted:What should they do in this case? If they go to court do they have to answer questions which could implicate a family member?
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Jun 14, 2011 06:07
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srsly posted:Some people respond to subpoenas. Others go to stay at friends' houses for a while. His parents have already been served (probably, service means they were physically handed the sub, or called back when one was left, a sub left without service, isn't good), so they're subject to contempt charges if they don't appear. Brother has a public defender or some kind of attorney right? He needs one. Also, if you don't want charges pressed, don't call the drat cops. That is what they do.
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Jun 14, 2011 06:31
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"I don't remember what happened. It was months ago." peace yall
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Jun 14, 2011 07:38
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Ontario Canada My pregnant wife (7 months in) works as an R-ECE at a daycare in a well to do area. Over the last week she has been sexually harassed twice by a very well off male parent (married) with two children in the center. The first instance was last Friday during a morning break outside she was talking with co-workers. He came up behind her after dropping off his two children, started rubbing her shoulders and told her "I love it when they're big and sexy". Second occasion was yesterday after walking a child to another parents car, he apparently followed her out and caught up to her while walking back alone and told her "[he] meant what he said last week. Even though [he] didn't do her, knowing some guy did was hot". She reported both incidents to her boss who offered her the advice "don't encourage him, and tell him it is inappropriate" (yesterday). I made her make sure that she wrote a letter to her boss with the times of the events (this morning) and what was said and she replied that "I didn't hear it, so I can't do anything about it". Other than the fact that she has a terrible boss, what can be done about the parent and if anything happens can her work be held responsible after her reporting the parents actions to the boss? Thomase fucked around with this message at 15:11 on Jun 14, 2011 |
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Jun 14, 2011 15:06
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