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nm
Bhang fucked around with this message at 19:24 on Oct 27, 2011 |
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Jul 8, 2011 04:41
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kriminal posted:My girlfriend has a lease until december in an apartment complex in front of the university. She was sexually assaulted while jogging around the school. The suspect was apprehended and is being charged with attempted sexual assault. Some Legal Aid types have been trying to get victims diagnosed with a disability as a result of the assault, then asking to break the lease as a reasonable accommodation under fair housing law. No idea if that will work.
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Jul 8, 2011 23:45
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Question about assault! Without going into too much detail, I was assaulted while riding my bike. The guy got out of the car, came towards me, kicked me, got me in a headlock, I pushed him off, then he drove off. I attempted to file a police report in the town it happened (same town I work in, the police department is right across from work). I have two other cyclists who were present and witnessed the whole thing. I also have a USPS mailman who witnessed it, as well as another car. I got all their names and numbers The guy has no priors for anything, completely clean sheet; as do I. The officer who took my statement made it seem like filing the thing would ultimately amount to nothing as it would potentially be a he said/he said thing, even with witness testimony and that the judge would very likely tell us both to just cool down. I would place him under citizen's arrest, he would place me under citizens arrest, then we would be subpoenaed to appear in court and give our sides of the story. Ultimately my question is if it's worth it. It's not so much the punitive aspect for me (despite how loving psychotic he was), but should it happen again I want something on his record that says this rear end in a top hat is prone to assaulting people. So, is it worth me trying to file a report and take it the whole way to court, trying to wrangle the other witnesses into giving up a day of their time to appear, all for a misdemeanor? Thanks goons.
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Jul 9, 2011 20:12
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BeeSeeBee posted:Question about assault! Are you a guy or a girl? A crazy insane man hits you and then possibly chokes you (headlock) for no reason? Yes, you should press charges. What if he hurts some other person? Tell the witnesses to come for an hour to testify--it's their civic duty.
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Jul 10, 2011 01:00
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What does substantive law refer to and what's the opposite of it? Or what does it mean when the word substantive is paired with a variety of nouns.
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Jul 10, 2011 02:13
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TO UNDERAGE GYMNASTS
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Dudebro posted:What does substantive law refer to and what's the opposite of it? Or what does it mean when the word substantive is paired with a variety of nouns. Procedural is the opposite. Substantive means the, uh, substance of the laws, and procedural is the method by which those laws are carried out. http://www.diffen.com/difference/Procedural_Law_vs_Substantive_Law Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair practice and consistency in the "due process". Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. The differences between the two need to be studied in greater detail, for better understanding.
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Jul 10, 2011 02:28
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gp2k posted:Are you a guy or a girl? A crazy insane man hits you and then possibly chokes you (headlock) for no reason? Yes, you should press charges. What if he hurts some other person? I'm a guy. I think my main holdup is that the officer I gave the statement to indicated that there's a chance that I would also be slapped with a misdemeanor assault charge because the judge would rule us as mutual combatants (that seems incredibly hosed up). I contacted a lawyer that has worked with cyclists in injury and other cases to see what he has to say regarding going forward, I don't think I'll retain counsel though. edit: Lawyer got back to me at 11pm on a Saturday, nice (he's a cyclist as well). He said it's unlikely worth pursuing as he's never had a "good" outcome come out of it. This is frustrating as gently caress. BeeSeeBee fucked around with this message at 07:35 on Jul 10, 2011 |
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Jul 10, 2011 06:54
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What the gently caress kind of hosed up place do you live? A battery with independent eye-witnesses? Christ, they'll file against anyone here. (Or is there something you're not telling us?)
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Jul 10, 2011 08:41
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Marin County. Otherwise a pretty bike friendly place. The two cyclists, and the car (who I think were also cyclists based on the roof rack) apparently won't add much weight with their testimony, as apparently judges tend to just lump them into having heavy bias. I really doubt the USPS guy would even give a written statement, he was reluctant to even give me his name and number saying he didn't want to get involved. The whole story: Crested the top of a ~1 mile descent, let two cars pass me before I took the lane (terrible pavement, no bike lane, poor quality shoulder). The assaulter's truck then comes up behind me, isn't riding my rear end or anything on the way down, no issue until we get to the bottom where a bike lane begins. There were two other slower cyclists that were slightly holding up traffic (going 30 instead of the 35 posted limit). They move over to the bike lane when it becomes usable. I stayed in the lane to pass them on the left before moving into the lane (I'm matching speeds with the car ahead of me at this point, still ~30mph, checked my GPS data to confirm). When the two other cyclists moved right and I didn't, the truck of the assaulter laid on his horn for a few seconds. I flipped him off behind my back. He gunned it, I moved right to avoid getting hit, flipped him off again. He then started brake checking me and swerving into the bike lane, then into the road. Finally he drove onto the shoulder, swung his door open and started yelling at me to stop. I stopped primarily because there isn't any turn off for half a mile and I didn't want this rear end in a top hat behind me. At that point, I got off my bike (the other two cyclists were ahead of me at this point and had stopped themselves). He started walking towards me shouting (I don't remember what). I told him to just gently caress off, and put my bike in between him and I (parallel with me). When he was about 3 feet from my bike, he did this little jump kick, completely cleared my bike, hitting me in the upper left of my chest. I stumbled (walking around in my pedal cleats here) and he grabbed my head and put me in a head lock. I grabbed his arms and shoved him off me and told him to gently caress off. He walked back to his truck and drove off. I took pictures of the plate, the car that had stopped took off after him to also get his plates. I later found them in the police station but let them leave and filed the report myself after getting their info. Slightly sore neck and a few scratches on my nose, but nothing else in terms of damage. I asked the officer to see if he wouldn't be willing to have a sit down meeting in the police department with an officer present to figure out what the gently caress his problem was, tell him to please learn to calm himself down, and maybe get an apology. BeeSeeBee fucked around with this message at 09:02 on Jul 10, 2011 |
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Jul 10, 2011 09:00
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gently caress, that I work in a county not too far away from Marin as a public defender. That is clearly a 242, a 6 month misdo. If it went down the way you say, that is clearly a battery, not some mutual combat bullshit. If you have independent eye witness who back you up, gently caress that guy and ask the da to press charges. Sounds more like that guy was a cop's friend (or a cop) and the cop was trying to talk you out of things. Get photos of your injuries too.
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Jul 10, 2011 09:19
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I took photos of my injuries immediately afterwards, so I've got that covered. I have pictures of the truck as it was parked on the side of the road, my bike on the ground after the whole thing took place. I'll contact the witnesses tomorrow and gauge the likelihood of their interest in pursuing it with me and probably decide from there. If nothing else, this could be an interesting look into the workings of the court. Would you recommend I delete/edit my descriptions of the event? I don't know how much blabbing is acceptable or not. Also, right, it's battery, not assault. I mix those up. Thanks a ton all your help. e: On my Citizen's Statement, should I omit anything like my middle fingers, or lay it all out, my indiscretions and all? BeeSeeBee fucked around with this message at 09:55 on Jul 10, 2011 |
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Jul 10, 2011 09:43
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nm posted:That is clearly a 242, a 6 month misdo. If it went down the way you say, that is clearly a battery, not some mutual combat bullshit. As a DA, I would happily press charges. Also, there are misdos in California that get 6 months without lengthy priors / worst offender?
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Jul 10, 2011 11:08
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My parents want to donate a bit of land to my brother and me/wife. We've already subdivided the land into 3 lots(theirs, brother's, and mine). What type of lawyer do we need to contact to write up a formal donation? The land is located in Louisiana.
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Jul 10, 2011 16:24
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Dobermaniac posted:My parents want to donate a bit of land to my brother and me/wife. We've already subdivided the land into 3 lots(theirs, brother's, and mine). What type of lawyer do we need to contact to write up a formal donation? The land is located in Louisiana. If you are not worried about the tax ramifications of the transaction, in my state, I would recommend that you call a title agency and ask them to close the transaction (i.e. file the paperwork with the county or, in your case, the "parish," whatever the heck that is). The only document that you need is probably the deed itself, along with some filing forms, and title agencies usually have lawyers on speed-dial who will prepare the deed for less than $100. But Louisiana is weird, so who knows?
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Jul 10, 2011 18:16
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BigHead posted:Also, there are misdos in California that get 6 months without lengthy priors / worst offender? Some are 1 year (domestics, "wobbliers", multiple DUIs) Very few are 90d A couple, but not many are fine only (small amount of pot was until it was made a misdo) Also, I noticed the swerving with the car, that may be a 245 (assault with a deadly weapon), which is a wobbler (misdo or felony) with a "road rage" license suspension. (VC 11 thousand something) Also, reckless driving. Also, you should be able to get restitution for any injuries. nm fucked around with this message at 21:36 on Jul 10, 2011 |
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Jul 10, 2011 21:33
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I have a question about getting out of a lease before having actually moved in. At our university (in NY state) in our first year we have to find a living alternative to the dorms for our second year and the typical place is this nearby apartment complex that isn't actually affiliated with the university. We're rushed into making this decision and my girlfriend signed a lease back in December for it. Having fallen out with her parents it is debatable whether she will be able to afford the rent at all, and as an aside she'd much prefer to live with me as it makes much more financial since, as we practically already live together. My question is are there any ways you may know of to get out of the lease? I'd be appreciative if someone could take a look at it if possible, if it's too difficult to say without looking at the actual paperwork.
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Jul 10, 2011 22:31
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Roargasm fucked around with this message at 04:25 on Jul 20, 2011 |
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Jul 11, 2011 22:36
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So I have a question that I think focuses on Washington state law. Four years ago I had checked out of my off campus housing while in college. No issues in the condition report, etc. I mailed in my keys to the apartment as directed by the rental property. Apparently they never received them (yes I was an idiot and did not certified mail them). I had called them at the time I was mailing them in to notify them they're in the mail. Four years later, my dad who was a co-signer on the lease (as I had no credit history) got a phone call from a collections agency. The landlord, before sending it to the collections agency has tacked on 4 years worth of interest and are trying to collect that as well as some other claims they haven't provided verification of. No attempt to contact myself or my father was made during these 4 years. It's only $160ish they're trying to take from me and I know that since I'm now out of state (moved for job after college) they have to spend more than that to even try and collect this ridiculous claim. I'm not worried about being dragged to court. The collections dude has stated to me via phone that he doesn't even want to try and take me to court. He's just going to put this against my credit score. From what I've found there's no law permitting the collection of interest in the state of Washington. My understanding is that the FDCPA as a result comes into play (§ 808. Unfair practices) making attempts to collect interest illegal unless permitted by the contract (only statement about interest is that I cannot gain interest on a security deposit, which I did not have). Filed a complaint with the FTC since they're still trying to collect this interest. My questions are: 1) The FTC directed me to also contact the WA Attorney General's office who stated that it would likely be something I'd have to take them to court over as the AG's office has not dealt with landlord/tenant issues since a 1985 ruling. I'm not sure how I can take them to court on a violation of the FDCPA. Can I sue them over violations of the FDCPA? I thought that right was only given to the FTC/AG's office. 2) I've heard that there's a law that's referred to as the "mail in rule" for Washington that says if you send something via USPS and you're not notified it's received within 3 days or something, you are allowed to assume it was received. Is someone aware of this law or can point me towards where I should look for it? I've not had any luck finding it yet if it exists. 3) They have ignored my written request (I sent it certified this time!) for verification of how they're claiming interest and a large fee for key replacement that is not anywhere in the information they sent my dad for verification of the debt. Are they allowed to do this and still continue with notifying the credit bureaus? Update: 1) Still not clear on this yet. Mostly was confused by the response from the AG's office. 2) Didn't find it earlier because it's apparently case law/a court ruling. 1927 court ruling Avgerinion v. First Guaranty Bank, 142 Wash. 73, 252 P. 535. I've not found the actual ruling for this yet, just some references to it in FindACase. 3) Apparently this is another violation of the FDCPA as they ignored my demand for verification and filed it against my credit. I also asked them for their proof of ownership of the debt which didn't get sent to me either. Werkwerk fucked around with this message at 23:11 on Jul 13, 2011 |
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Jul 12, 2011 00:16
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Another lease breaking question! I have reviewed Alabama law in regards to renter's rights, but I want to bounce my interpretation off of you fine folks before I start making too much noise. Quotes come from the Alabama Landlord and Tenant Act (http://ali.state.al.us/legislation/landlord_tenant.pdf) As a quick backstory, my apartment was broken into on the 1st in the afternoon when I left for a few minutes. Came back and found a window broken out and some things missing. Tried calling the landlord and didn't get an answer even though it was still during business hours (according to their recording). I ended up leaving a message detailing the situation. Tried calling the emergency number as well, to no avail. I also left a written notice in the drop box that day during business hours to request the window get fixed asap, and then bought a piece of plywood and boarded the window over. The window glass is severely damaged, the frame has some nasty marks where it was forcibly worked over and could use replacement, and how the interior wall has a shitton of screw holes. The neighborhood is kind of lovely, but I wasn't expecting break-ins. Looking at the back of the building though, it appears this building gets hit all the time. This is not the only break in since I moved in a few months ago, and there is glass everywhere back there; it is clear some of the windows which look fine have been replaced at least once if not more times. I'm thinking it may be nice to break the lease, but the lease verbage claims that if I break it early I owe them three months rent, forfeit my security deposit, etc, and it's well over a grand to move out. The notice I left reads, in part: quote:Dear management staff, 2.104(a)(2) reads: quote:§ 2.104. Landlord to Maintain Premises AL renters law, however, may give me an out: quote:§ 4.101. Noncompliance by the Landlord – In General Does having a broken window justify breaking 4.101(a)? Do I need to explicitly state my intent to break the least for noncompliance in the original letter?
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Jul 12, 2011 00:20
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El Ste posted:I have a question about getting out of a lease before having actually moved in. First she could just ask if they will let her out of the lease. If not, what does it say about subletting?
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Jul 12, 2011 00:51
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I live in South Carolina. I have hail and wind damage to my roof and will be making an insurance claim. A roofing company has promised me a $500 rebate to help offset my deductible. Is this legal? From what I have researched inflating an invoice presented to an insurance company is insurance fraud. I have also found that in some jurisdictions it is illegal for ANY form of rebate to be given by the contractor when an insurance claim is involved. I have not found any such law in South Carolina. Help is appreciated.
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Jul 12, 2011 16:06
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I live in Nebraska. I recently re-signed my apartment lease after living here a year. Previously, I paid $710/mo, plus a garage and pet fee, totaling $795/mo. This amount was written on my old lease in the "Propagandalf agrees to pay us $_795_ per month" line. There are no lines on the lease for additional fees, just the 'agrees to pay us ____ on the first of the month' line. I re-signed the lease in May, effective date June 1. The rent rate is set at $785 on the same form, but yesterday I got a $150 bill for additional rent for the month of July, and the pet fee and garage fee (but no bill for June). Nowhere in the lease does it mention levy of extra fees on top of the base rent excepting damage or early termination. I'm under the impression that the number on the form is what I pay, especially since that's how it worked for the last 12 months. Is my rental agency breaking the lease? I'm pretty pissed that they waited until after I signed to try and hit me with extra fees that aren't in the lease, and now I want to move. Am I justified in refusing to pay a termination fee since they apparently broke the terms? The fee is least 2 months rent ($1800 at the current rate), since I have more than 6 months remaining on the lease. Propagandalf fucked around with this message at 18:00 on Jul 12, 2011 |
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Jul 12, 2011 17:57
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I need a good civil rights/free speech attorney in Portland. I can't really talk about what's happening (ha!) Anyone know of anyone?
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Jul 12, 2011 18:09
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SmellsOfFriendship posted:I need a good civil rights/free speech attorney in Portland. I can't really talk about what's happening (ha!) Anyone know of anyone? They probably won't take your case, but they will be happy to refer you to someone good.
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Jul 12, 2011 19:13
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nm posted:Call the Oregon ACLU. I did. Their message line referred me to the Oregon Bar, who sent me to a lawyer that specialized in business litigation. 
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Jul 12, 2011 19:40
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SmellsOfFriendship posted:I did. Their message line referred me to the Oregon Bar, who sent me to a lawyer that specialized in business litigation. Call the bar again and see if you get a different guy? Also ask the richest people you know (or the kids of the richest people you know) who their lawyer is. Then ask her for a recommendation.
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Jul 13, 2011 01:44
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Propagandalf posted:I live in Nebraska. I recently re-signed my apartment lease after living here a year. Previously, I paid $710/mo, plus a garage and pet fee, totaling $795/mo. This amount was written on my old lease in the "Propagandalf agrees to pay us $_795_ per month" line. There are no lines on the lease for additional fees, just the 'agrees to pay us ____ on the first of the month' line. Talk with a local landlord tennant attorney, but based on the facts you have provided it sounds like they are asking for fees not covered in the lease. Are you sure the new lease doesn't have any language giving them the right to charge additional fees? Also, google some combination of Nebraska Landlord Tenant Help. Just a few seconds led me here: http://portal.hud.gov/hudportal/HUD?src=/states/nebraska/renting/tenantrights where there are some seemingly useful links.
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Jul 13, 2011 01:49
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e. Double post. gently caress Charter.
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Jul 13, 2011 01:51
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pocketchange posted:I live in South Carolina. I have hail and wind damage to my roof and will be making an insurance claim. A roofing company has promised me a $500 rebate to help offset my deductible. Is this legal? This is probably insurance fraud, despite the lack of a specific statute addressing inflated invoices. Use a different contractor. Plus, if the contractor would lie to the insurance company, he or she would also lie to you about the materials used and other important details.
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Jul 13, 2011 11:53
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I have some lawyer bites! So my next question is how the hell do I pick one? And how have people paid for them in the past?
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Jul 13, 2011 18:22
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Soylent Pudding posted:First she could just ask if they will let her out of the lease. If not, what does it say about subletting? Just asked. They told us that the only way to get out of the lease is to either sublet or find a tenant replacement. Since there isn't anybody on the waiting list to get into this apartment complex and it is at University, both of those seem to be extremely difficult to get done in time. She most likely will not be able to afford the rent, even for a month, and as such I have to ask if there's anything else we could possibly do? I mean she just can't pay the rent. If we don't find anyone, is she hosed?
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Jul 14, 2011 17:16
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Hi, I was just wondering how I could get out of this traffic ticket maybe? The plates on my car are expired, and I got pulled over at a sobriety checkpoint about a month ago and got warned about them by the officer who handled me then. Then a couple of days ago another officer pulled me over for speeding(52 in a 45) and gave me warnings for both not having my up-to-date insurance cards with me in addition to speeding, but he gave me an actual citation for the plate thing which will end up costing me 120$. So if I show up in court and he doesn't, I don't have to pay anything, right? What do I say when I go up? If I see him do I just go "guilty" and pay my 120$ without any risk of it getting worse?
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Jul 14, 2011 17:34
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She's only hosed if they actually sue her. "Dear apartments, The reason I inquired if there was any way to break the lease is that due to a change in circumstances, I will be unable to afford rent even for one month. I am broke. I will try to find a tenant replacement, but this will be difficult for me to do quickly. Know that you know I will not be moving in and will not be paying you any more rent, you should start efforts to rent out the apartment to somebody else as well. To reiterate: I am broke. I have no money."
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Jul 14, 2011 17:40
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Another question! I have rental insurance through Progressive. It stipulates harm against another person on my property but really only explicitly says personal injury (like medical costs.) Could that cover a libel or defamation suit? Does anyone have any experience with that policy specifically?
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Jul 14, 2011 17:43
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YOURFRIEND posted:Hi, I was just wondering how I could get out of this traffic ticket maybe? In my state, cops almost always show up, so don't count on that at all. To get out of the citation for the plates, if you show up to court with proof that you got new plates, the judge may dismiss that charge (but may not!). For the speeding ticket, ask to be sent to driving school - in my state, many judges will give you the option to go to driving school if you ask, assuming your record is good.
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Jul 14, 2011 17:46
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SmellsOfFriendship posted:Another question! I have rental insurance through Progressive. It stipulates harm against another person on my property but really only explicitly says personal injury (like medical costs.) Could that cover a libel or defamation suit? Does anyone have any experience with that policy specifically? No way to know without seeing the policy or knowing the law in your state. Also, your explanation of what your policy covers is pretty vague. In my experience reading policies, there is a possibility that defamation *might* be covered under the "Personal and Advertising Injury" portion of your policy. HOWEVER, most insurance policies that I have read also contain a number of exclusions and endorsements that severely restrict the circumstances under which you might be covered for defamation. In other words, talk to a competent local lawyer and bring your policy with you.
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Jul 14, 2011 19:33
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In Texas, when one misses a court date on a second DUI charge, are they actively sought after by the police, or do they get a bench warrant that waits around until they encounter a cop some other time?
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Jul 14, 2011 22:44
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Omgawd posted:In Texas, when one misses a court date on a second DUI charge, are they actively sought after by the police, or do they get a bench warrant that waits around until they encounter a cop some other time? Don't miss your court date.
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Jul 15, 2011 07:52
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There is a guy who has 2 kids with a woman. They were unmarried, living together. He has met a girl and wants to stop living with the mother. The guy wants visitation of the kids. Is there anything the mother in this situation can do to stall visitation until she knows the woman he is now living with is safe to be there? Or if visitation needs to be supervised?
Shammypants fucked around with this message at 09:11 on Jul 15, 2011 |
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Jul 15, 2011 09:09
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nm posted:That's going to depend on the court, judge, cop, etc. The bigger issue is: what happens when you eventually show up? If you make your court date, you run a decent chance of staying out on OR/minimal bail. If you miss your court date and then show up at some later time... well now you're unreliable and poo poo. They might remand you on the spot, make bail higher, etc. FTAs gently caress with you for your current case and the rest of your life. Don't miss your court date.
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Jul 15, 2011 09:20
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