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Schitzo
Mar 20, 2006

I can't hear it when you talk about John Druce
Public service announcement for any Alberta goons - our Wills legislation was changed Feb 1, 2012 and applies to both new wills and wills executed under the old legislation.

Take five minutes to talk to your lawyer if you have anything more complicated than an "all to wife, or if she's dead all to my kids" type of will.

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Captain Mog
Jun 17, 2011
I mailed in a minor $100 speeding ticket which probably arrived a day or two late and last night got a pleasant letter stating that my license has been suspended due to a "warrant for my arrest". What the gently caress is this? Talk about a ridiculous overreaction. Will this go away if I pay the ticket and associated late fees or whatever? I'm not a goddamn criminal. I've never broken the law before in my life.

Should I be stressed out about this, or are they just trying to squeeze more money from me?

Captain Mog fucked around with this message at 16:07 on Feb 4, 2012

Incredulous Red
Mar 25, 2008

SlenderWhore posted:

I mailed in a minor $100 speeding ticket which probably arrived a day or two late and last night got a pleasant letter stating that my license has been suspended due to a "warrant for my arrest". What the gently caress is this? Talk about a ridiculous overreaction. Will this go away if I pay the ticket and associated late fees or whatever? I'm not a goddamn criminal. I've never broken the law before in my life.

Should I be stressed out about this, or are they just trying to squeeze more money from me?

Sounds like you missed a court date and had a bench warrant issued. I'd contact them ASAP

Captain Mog
Jun 17, 2011

Incredulous Red posted:

Sounds like you missed a court date and had a bench warrant issued. I'd contact them ASAP

I'm guessing this is what it is. However, the officer told me I didn't need to appear in court- how can I have a "failure to appear" charge if I never had to appear? The ticket also said I did NOT have to appear. I wish they would have mailed this to me on, say, Thursday or something so I wouldn't have to have my drat weekend ruined but I forgot that this is America.

I live in Ohio, btw

Captain Mog fucked around with this message at 17:41 on Feb 4, 2012

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

SlenderWhore posted:

I'm guessing this is what it is. However, the officer told me I didn't need to appear in court- how can I have a "failure to appear" charge if I never had to appear? The ticket also said I did NOT have to appear. I wish they would have mailed this to me on, say, Thursday or something so I wouldn't have to have my drat weekend ruined but I forgot that this is America.

I live in Ohio, btw

The ticket probably says you can waive your right to appear in court if you plead guilty. Unless you follow the proper procedures to do that, you have to appear.

Problem!
Jan 1, 2007

I am the queen of France.

BgRdMchne posted:

Did you buy weed from him? Did you ever see him sell weed? Do the police know that you bought weed from him or saw him sell weed?
If not, I don't see how you testifying could help the State's case against him.

So, no.

I am not a lawyer. This is not legal advice.

That's what I figured, I don't do weed so I should be ok. It's just that I've lived with him for almost 4 years and have witnessed a multitude of sketchy people going in and out all day every day. I've always considered calling the cops on him but it looks like someone beat me to it.

For whatever reason they're waiting until May after he graduates to formally press charges (my best guess is that they're taking away any argument as to why he shouldn't go to prison) so with any luck I won't even be living in the same state by the time this thing get settled.

Chae
Feb 27, 2008
I just got a message from a gentleman called Bart Palo Sr. He has recently acquired the trademark to the phrase "Hit Somebody" and has contacted me to inform me of this fact as I own and have owned since 2005, the domain name Hitsomebody.com (a personal blog/place to host my files - currently being renovated, so it's a bit of a mess if you do visit).

Doing a quick search, he is leaving comments all over the place on things like movie sites (supposedly to inform Kevin Smith that his upcoming movie of the same name would break said trademark) and lyrics sites so that the late (great) Warren Zevon can suitably adjust his song of the same name.

Here is the chap's facebook: http://www.facebook.com/profile.php?id=100000441137992&sk=wall

A record of the trademark I found: http://trademarks.justia.com/851/12/hit-somebody-85112764.html

I'm in a very different field to him, mine dealing with stupid personal blogging crap and his dealing with ugly clothes that will never sell.

Basically, should I be paying this guy any attention, asking him to leave me alone, ignoring him altogether, or what?

Some good advice from someone who knows what they are talking about would be good.

Problem!
Jan 1, 2007

I am the queen of France.

Chae posted:


Some good advice from someone who knows what they are talking about would be good.

I think since you had the domain name before he filed his trademark I think you should be ok. If nissan.com can't get shut down by Nissan the car company and their army of lawyers I don't think you have much to worry about.

However, I am not a lawyer.

Captain Mog
Jun 17, 2011

Konstantin posted:

The ticket probably says you can waive your right to appear in court if you plead guilty. Unless you follow the proper procedures to do that, you have to appear.

This is great. Will I be hauled away in handcuffs if I go down to the court early Monday morning to pay off any additional fines? The money's not really an issue right now, it's the prospect of seriously doing jail time over a freaking minor speeding ticket I paid a few days late. And now I have to ask my mommy to take me there because everyone else I know is either working or in class like I should be. That would really be something for her to see. Jesus Eff.

Should I really contact an attorney for this?

edit: I wouldn't act this way in front of a judge or clerk, obviously. I'm just letting off some steam because this is like the last thing I need right now.

Captain Mog fucked around with this message at 22:01 on Feb 4, 2012

Incredulous Red
Mar 25, 2008

SlenderWhore posted:

This is great. Will I be hauled away in handcuffs if I go down to the court early Monday morning to pay off any additional fines? The money's not really an issue right now, it's the prospect of seriously doing jail time over a freaking minor speeding ticket I paid a few days late. And now I have to ask my mommy to take me there because everyone else I know is either working or in class like I should be. That would really be something for her to see. Jesus Eff.

Should I really contact an attorney for this?

edit: I wouldn't act this way in front of a judge or clerk, obviously. I'm just letting off some steam because this is like the last thing I need right now.

What does it say on your original ticket? Usually, mailing the ticket serves in lieu of your appearance and if you mailed your ticket prior to the deadline, you might be OK.

Also, deadlines are important in life.

Captain Mog
Jun 17, 2011

Incredulous Red posted:

What does it say on your original ticket? Usually, mailing the ticket serves in lieu of your appearance and if you mailed your ticket prior to the deadline, you might be OK.

Also, deadlines are important in life.

The ticket had no particular date on it. It didn't even say how much the ticket would cost; I simply went by what the cop told me which was $100. I believe I mailed the fine in late because this is what I am assuming happened, I don't know what else it could possibly be.

Incredulous Red
Mar 25, 2008

SlenderWhore posted:

The ticket had no particular date on it. It didn't even say how much the ticket would cost; I simply went by what the cop told me which was $100. I believe I mailed the fine in late because this is what I am assuming happened, I don't know what else it could possibly be.

Read this and then return here with your questions:

http://www.sconet.state.oh.us/LegalResources/Rules/traffic/Traffic.pdf

Incredulous Red
Mar 25, 2008

SlenderWhore posted:

The ticket had no particular date on it. It didn't even say how much the ticket would cost; I simply went by what the cop told me which was $100. I believe I mailed the fine in late because this is what I am assuming happened, I don't know what else it could possibly be.

Maybe a better strategy:

Did the ticket you received look like this?

http://www.lesdirect.com/images/products/large/oh_uniform_traffic-large.jpg

Captain Mog
Jun 17, 2011

Incredulous Red posted:

Maybe a better strategy:

Did the ticket you received look like this?

http://www.lesdirect.com/images/products/large/oh_uniform_traffic-large.jpg

Yes.

Lord Gaga
May 9, 2010
IANAL but I have gotten and beaten more than 10 citations. Anyway, bullshit on it having no particular date. I would bet money that it enumaerates a few options for you on the back and says basically that you have 30 days to decide what to do. If you do not pay the ticket or elect for a court date within that time frame a warrant will be issued and your license will be suspended. If you drive after you have received this letter you will absolutely positively spend the night or the weekend in jail unless you get cut a massive break. (You won't.) If you drive and a cop runs your plate he will stop you and arrest you. DO NOT DRIVE.


Go to your clerk of court website, you may be able to look up the details of your ticket there. Otherwise you need to go to the courthouse and pay it + the late fee. This will usually remove the warrant and the suspension.

Captain Mog
Jun 17, 2011

Lord Gaga posted:

IANAL but I have gotten and beaten more than 10 citations. Anyway, bullshit on it having no particular date. I would bet money that it enumaerates a few options for you on the back and says basically that you have 30 days to decide what to do. If you do not pay the ticket or elect for a court date within that time frame a warrant will be issued and your license will be suspended. If you drive after you have received this letter you will absolutely positively spend the night or the weekend in jail unless you get cut a massive break. (You won't.) If you drive and a cop runs your plate he will stop you and arrest you. DO NOT DRIVE.


Go to your clerk of court website, you may be able to look up the details of your ticket there. Otherwise you need to go to the courthouse and pay it + the late fee. This will usually remove the warrant and the suspension.

This is what I'm hoping will happen. I've never broken the law before and it's not as if I got drunk, hit someone, and decided to blow off court. I was pretty much barely speeding on my way home from class; it wasn't a huge deal. I mailed the fine in three weeks after receiving the ticket.

JesustheDarkLord
May 22, 2006

#VolsDeep
Lipstick Apathy

SlenderWhore posted:

I was pretty much barely speeding.

Get this part out of your mind and quit saying it. You were speeding and you failed to appear in court.

Lord Gaga
May 9, 2010

JesustheDarkLord posted:

Get this part out of your mind and quit saying it. You were speeding and you failed to appear in court.

THIS THIS THIS

Seriously, if you had to appear before a judge and said something like this they would loving throw you under the bus.

For example:

This hispanic lady showed up to her hearing, plead not guilty, asked for a translator and was denied. She spoke english, but poorly. She had no record at sentencing time. Her ticket stated 9 over, the officer had reduced the fine at his discretion to "9 over". She was actually doing ~55 in a 35. This area is a huge speedtrap, the cops sit there almost every day catching people non stop. (I drove through it on my way to school) I have been to traffic court numerous times and I poo poo you not, this area has come up every single time that it is the day where city cops appear for court. Clearly unjust practices, and at least one magistrate has thrown out ALL cases from that area one day. (It was on the news).

This judge had a different opinion. For wasting the courts time with her bullshit when she was guilty and her weak argument she got the FULL fine as it was before for $259 + 33 court costs AND the 4 hour in person no online driving school AND was adjudicated guilty so it will probably give her point on her license.

If she had elected traffic school she could gotten a reduced fine, paid it online and no points.

If you go into the court room with a "this is bullshit" attitude you can get hosed over. (I have had nothing but awesome experiences and even with that magistrate who did not appreciate this lady was fine with me.) Do not seem disrespectful to the court. (I always wear a suit, have a nice haircut, look at least as nice as the lawyers)

elisaaa
Mar 30, 2007

by Y Kant Ozma Post
I am fully taking advantage of this thread since I discovered it. It's awesome.

Okay, these people in my town sit in the chairs outside Starbucks and stream live video of themselves and everyone around them who happens to be at Starbucks. I just found out these videos are actually recorded and I'm pretty uncomfortable thinking that I may have shown up randomly in their stupid web show. Since they are technically on Starbucks property, and none of the extras have given consent to being recorded, is there any legal backing to stopping this happening and/or get rid of ones they have done in the past? They do this all the time and it's really annoying and loving pointless. Thanks for any info.

Edit: Yeah, I showed up at the end of one of their videos from tonight. I checked because I did see them recording while I was at Starbucks.

elisaaa fucked around with this message at 08:48 on Feb 5, 2012

Incredulous Red
Mar 25, 2008

elisaaa posted:

I am fully taking advantage of this thread since I discovered it. It's awesome.

Okay, these people in my town sit in the chairs outside Starbucks and stream live video of themselves and everyone around them who happens to be at Starbucks. I just found out these videos are actually recorded and I'm pretty uncomfortable thinking that I may have shown up randomly in their stupid web show. Since they are technically on Starbucks property, and none of the extras have given consent to being recorded, is there any legal backing to stopping this happening and/or get rid of ones they have done in the past? They do this all the time and it's really annoying and loving pointless. Thanks for any info.

Edit: Yeah, I showed up at the end of one of their videos from tonight. I checked because I did see them recording while I was at Starbucks.

Probably not since YOU'RE IN PUBLIC.

But maybe you could ask the starbucks manager to have them stop.

Green Crayons
Apr 2, 2009

elisaaa posted:

I am fully taking advantage of this thread since I discovered it. It's awesome.

Okay, these people in my town sit in the chairs outside Starbucks and stream live video of themselves and everyone around them who happens to be at Starbucks. I just found out these videos are actually recorded and I'm pretty uncomfortable thinking that I may have shown up randomly in their stupid web show. Since they are technically on Starbucks property, and none of the extras have given consent to being recorded, is there any legal backing to stopping this happening and/or get rid of ones they have done in the past? They do this all the time and it's really annoying and loving pointless. Thanks for any info.

Edit: Yeah, I showed up at the end of one of their videos from tonight. I checked because I did see them recording while I was at Starbucks.
A bloo bloo bloo. Did your physical and auditory presence get captured with a mechanical device while you put yourself out in public? Truly the plight and horror of living in the modern age!


The douchenozzles at Starbucks may be in violation of a state statute that covers the recording of others. But only if you're in an "all-party" consent state--as in, a recording of another person's auditory and/or visual presence may be illegal, amongst other reasons, if all persons so recorded do not consent to such a recording. Query if "moving in spaces held out to be open towards the public" should qualify as (implicit) consent to being image- and auditory-captured because we're living in the god drat 21st century. But that's just me laying down some social commentary right there that I don't think a court would buy. I don't know what state you're in or if they are an all-party consent state or what!

Apart from how the precise elements of your state's recording statute play out, you don't have many options for recourse. If all they're doing is making a stupid web show and your image isn't being used for promotion or the like (and is merely incidental), you probably don't have a cause of action (e.g., invasion of "privacy," or the tortious use of your person/identity).

So, you have three options that I can think of off the top of my head.

One, talk to the Starbucks management about the injustice of people recording your otherwise conspicuous consumption of corporate America. Management could ask them to cease and desist, but I don't know if they could actually force them off the property without violating 1st Amendment rights. That would require, for numerous points of contention, Research and Knowing What I'm Talking About. Neither of which I'm inclined to engage in on this point because *effort*.

Two, go to one of the other three Starbucks in the five mile radius of the location you're currently providing patronage.

Three, wear a ski mask when ordering! Then they'll never know who you are! (Disclaimer: consequences to this particular course of action may be negative.)

Kalman
Jan 17, 2010

Chae posted:

I just got a message from a gentleman called Bart Palo Sr. He has recently acquired the trademark to the phrase "Hit Somebody" and has contacted me to inform me of this fact as I own and have owned since 2005, the domain name Hitsomebody.com (a personal blog/place to host my files - currently being renovated, so it's a bit of a mess if you do visit).

Doing a quick search, he is leaving comments all over the place on things like movie sites (supposedly to inform Kevin Smith that his upcoming movie of the same name would break said trademark) and lyrics sites so that the late (great) Warren Zevon can suitably adjust his song of the same name.

Here is the chap's facebook: http://www.facebook.com/profile.php?id=100000441137992&sk=wall

A record of the trademark I found: http://trademarks.justia.com/851/12/hit-somebody-85112764.html

I'm in a very different field to him, mine dealing with stupid personal blogging crap and his dealing with ugly clothes that will never sell.

Basically, should I be paying this guy any attention, asking him to leave me alone, ignoring him altogether, or what?

Some good advice from someone who knows what they are talking about would be good.

This is the single most important line from his registration documents:

"FIRST USE IN COMMERCE: 2011-07-01"

You'll want to read this, as well: http://www.fr.com/Prior-User-vs-Federal-Registrant--Whose-Mark-Is-It-Anyway1/

Incredulous Red
Mar 25, 2008

Green Crayons posted:

Management could ask them to cease and desist, but I don't know if they could actually force them off the property without violating 1st Amendment rights. That would require, for numerous points of contention, Research and Knowing What I'm Talking About. Neither of which I'm inclined to engage in on this point because *effort*.

The first amendment thing probably wouldn't matter since they're a private actor.

Even in all party consent states, if you're walking into an area where they're already recording, you don't have a cause of action. Plus, no court is going to uphold a cause of action for someone merely rebroadcasting something that happened in public where there is no privacy interest. Otherwise, news companies and photographers would get sued all the time.

Also I want to elisaa to post a link to these videos so I can play "spot the goon"

noydb
Mar 23, 2007
Edit: removed because I'm just gonna go see a lawyer

noydb fucked around with this message at 00:40 on Feb 6, 2012

hypocrite lecteur
Aug 21, 2008

by Y Kant Ozma Post
Your story doesn't make sense, and in any case, you have no realistic prospect of any sort of successful legal claim. Just stay away from her, and if you have to see her for class, be an adult. Not as satisfying as suing her or whatever, but much more practical.

ATP5G1
Jun 22, 2005
Fun Shoe
A friend I know has been on probation in CT for a little over a year now. They were also required to do community service. Probation ends in a few months and they've satisfied almost all of the requirements except the community service--they put this off and thought they had until a month before their last probation day or something. Anyway they found out their community service ends in mid-February and there is no way for them to get in all the hours before the end date (think needing to pull 10-12 hour shifts every day including weekends). They thought they could get an extension, contacted the probation office, and just found out apparently the mid-February date WAS the date after an extension. They don't remember asking for any extension or signing any papers saying such, but they also don't have any copies of their legal paperwork or anything.

Is there anything they can do? Any options they have? What happens if they don't have their proof of community service hours in by the due date?

(also I agree that they have clearly made some boneheaded decisions here, but they wouldn't be on probation if they didn't make boneheaded decisions)

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.
Unless there's somebody on the forum who is familiar with how probation and community service works in your friend's jurisdiction, you're not going to get a satisfactory answer.

Your friend needs to call his or her attorney. The attorney will know what to do.

ATP5G1
Jun 22, 2005
Fun Shoe
I was afraid of that. I don't think they have one now, I guess they'll have to start looking. If anyone does have familiarity with the area though your opinion would be very helpful.

ATP5G1 fucked around with this message at 02:27 on Feb 6, 2012

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."

Schroedinger posted:

I was afraid of that. I don't think they have one now, I guess they'll have to start looking. If anyone does have familiarity with the area though your opinion would be very helpful.
Lawyer really. He's going to need to kiss some rear end with the judge.
Criminal lawyers can seriously kiss rear end.
The better option is to get the community service done. Don't make excuses, get that poo poo done. Take off work. Get it loving done.
Why? Because it is a lot better to be 5 hours short than 200 hours short or something. Much more likely to get an extention that way.

Tell him to get off his rear end and volunteer like he never has before and talk to a lawyer.

Also, the first thing I tell my clients is to not wait until the last minute because this poo poo always comes up.

ATP5G1
Jun 22, 2005
Fun Shoe

nm posted:

Lawyer really. He's going to need to kiss some rear end with the judge.
Criminal lawyers can seriously kiss rear end.
The better option is to get the community service done. Don't make excuses, get that poo poo done. Take off work. Get it loving done.
Why? Because it is a lot better to be 5 hours short than 200 hours short or something. Much more likely to get an extention that way.

Tell him to get off his rear end and volunteer like he never has before and talk to a lawyer.

Also, the first thing I tell my clients is to not wait until the last minute because this poo poo always comes up.

Yeah :( She would literally have to quit her job and work 10+ hours a day including weekends in order to make it though. I don't even know if there's a place that would let her work those hours.

Queen Elizatits
May 3, 2005

Haven't you heard?
MARATHONS ARE HARD
She needs to start doing the volunteer work now and do as many hours as she can. It's going to look a lot better if she is at least making an effort.

We had a volunteer at the animal shelter in a similar position. They were able to show that they had been making a consistent effort to fulfill the community service and it worked out for them.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.
Lawyer NOW
Community Service NOW

In my jurisdiction, people go to prison for not doing work hours after getting an extension. I'd expect CT to be more civilized, but your friend needs to get moving. Probably the least that will happen is that he/she won't be able to get the case of his/her record. This alone is worth getting an attorney.

Captain Mog
Jun 17, 2011
Well, I went to court today and it was pretty anticlimactic. I spoke to a bored clerk who handled literally ten other people in front of me who received the exact same letter. I had to pay a $90 late fee, the horror! Then I went to the DMV and got my license reinstated. It seems I got all stressed over nothing.

Fascinator
Jan 2, 2011

The four stages of E/N posting.
Last month I went to the doctor's for a medical procedure. I was quoted $480 by the office for those without insurance. I did have insurance, and the procedure I got was covered, and it was in network. My insurance representative told me to pay the $480 up front and the benefits would be processed later. Which I did.

I just now got my claims info from them, and it says that the doctor's office I went to (which was in-network) charged them around 2K for the procedure, leaving me with a bill for $1050 on top of the $480 I already paid, for a total of $1530.

In case this is confusing, I am being asked to pay $1530 with insurance for a procedure that would have cost me $480 if I had just not bothered to provide insurance information at all. I am furious. Do I have any recourse here or am I just stuck with paying the bill or taking the credit hit?

Edit: I live in Georgia

Fascinator fucked around with this message at 03:00 on Feb 7, 2012

euphronius
Feb 18, 2009

SlenderWhore posted:

I got all stressed over nothing.

Welcome to Law.

Choadmaster
Oct 7, 2004

I don't care how snug they fit, you're nuts!
It's pretty standard for doctors/hospitals to charge different prices like that (one "cash price" and one for the insurance cos). You said your insurance company was going to cover it, so what's the problem? If they decided not to cover it after all, call the doctor's office and explai the situation to them again and they'll likely switch it back to the cash price for you.

IANAL or an expert in anything anywhere ever.

El_Elegante
Jul 3, 2004

by Jeffrey of YOSPOS
Biscuit Hider
Jesus chaodmaster if you're gong to practice interne law without a license try to at least read the post.

Fascinator, what do you have in writing from your insurance? If you have documented approval for the procedure you need to appeal the claim denial. If not, appeal it anyway. If that fails, speak with the doctor's office and explain the situation to see of you can be charged the "no insurance" price you were quoted.

Choadmaster
Oct 7, 2004

I don't care how snug they fit, you're nuts!

El_Elegante posted:

Jesus chaodmaster if you're gong to practice interne law without a license try to at least read the post.

What did I miss? Your response to him appears to be basically identical to mine - you asked him for more details about the situation with the insurance company, then you told him if they wouldn't cover it he should re-negotiate for the cash price. Very insightful.

entris
Oct 22, 2008

by Y Kant Ozma Post

Choadmaster posted:

What did I miss? Your response to him appears to be basically identical to mine - you asked him for more details about the situation with the insurance company, then you told him if they wouldn't cover it he should re-negotiate for the cash price. Very insightful.

You told Fascinator (she, btw) to go back to the doctor's office and ask them to switch to the cash price instead of the insurance price.

El_Elegante first requested more information, and then told her to appeal the claim denial with her insurance company, and if that fails, then speak with the doctor's office to try and get the cash price.

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Choadmaster
Oct 7, 2004

I don't care how snug they fit, you're nuts!
She hasn't even said whether or not the insurance denied the claim yet, which is why I asked. The best I can gather is her insurance DID pay some portion of the bill (if she's expecting to pay a total of $1530 when the bill was $2k) but that's a guess based on some confusing information in her post. Hence my request for more information before addressing that topic. She seemed most concerned about getting stuck with this huge bill; letting her know she could switch it back to the $480 if need be seemed like an important thing to mention (and one that didn't need to wait for further info from her about her insurance company).

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