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I don't know where you are, but here there is actually an LGBTQ group in the bar association. So I mean you could look for that.
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Mar 19, 2013 01:41
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woozle wuzzle posted:
The issue is the will provided for four children when there are actually five. If that went into probate and one of the five challenged it, I believe my observations would be correct: who would take? I misread and thought it was the recently deceased's will, not one from the 70's, so yea talk to the trustee.
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Mar 19, 2013 01:45
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The xxEight info is incorrect, because that's only for intestate succession (distributing an estate without a will). It wouldn't apply to your grandpa at all since he had a will. With a few exceptions, he can cut out anybody he wants. Cutting out a kid is usually OK. (Love you xxEight, just sayin)
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xxEightxx posted:The issue is the will provided for four children when there are actually five. If that went into probate and one of the five challenged it, I believe my observations would be correct: who would take? I misread and thought it was the recently deceased's will, not one from the 70's, so yea talk to the trustee. Oh I see now, you meant to use the intestate succession statute. But the judge won't invalidate a will based on a typo... They may reinterpret, but intestate succession won't come into play as far as I know. I dunno florida, but the ways to attack the validity of a will are durress, authentication, etc. Mistakes in content, like forgetting a wife/kid, will never invalidate it. But some states (like VA) have laws that provide for a minimum take for forgotten wives/illegitimate kids for public policy reasons. But that doesn't scrap the will, it forces the judge to abide by the state minimums while trying to adhere to the will as best as possible. I could be wrong, this is just half-remembered from the bar. Either way, we end up at the same place of call the trustee. 
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Mar 19, 2013 01:52
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I would like to file a Wage And Hour Complaint with my employer for not delivering my paycheck on time, and then for deducting $25 as an after-tax "bank fee deduction" after finally delivering it to me a week and a half later. However, I'm a contractor through this company, and I'm worried about them taking some sort of recourse against me if I do file a complaint. Should I have to worry about that? What sort of notice are they going to get if I file a complaint?
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Mar 19, 2013 03:57
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anthonypants posted:I would like to file a Wage And Hour Complaint with my employer for not delivering my paycheck on time, and then for deducting $25 as an after-tax "bank fee deduction" after finally delivering it to me a week and a half later. However, I'm a contractor through this company, and I'm worried about them taking some sort of recourse against me if I do file a complaint. Should I have to worry about that? What sort of notice are they going to get if I file a complaint? Not your lawyer, not legal advice, not a lawyer in your jurisdiction. My hasty Google research revealed this: From the Oregon Wage and Hour Division website: quote:Actions Oregon prohibits employer retaliation against employees who file a wage claim per ORS § 652.355(1)(a): quote:1) An employer may not discharge or in any other manner discriminate against an employee because: I have no idea how efficient and effective Oregon's Wage and Hour Division is, or for that matter, what sort of backlog they may have. If you file a complaint and your employer receives a letter, that might be enough to settle the issue. Or it might result in the employer wrongfully disciplining/discriminating/terminating you, in which case you could file a retaliation claim on top of the original one.
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Mar 19, 2013 14:14
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woozle wuzzle posted:I could be wrong, this is just half-remembered from the bar. Either way, we end up at the same place of call the trustee. I don't handle probate, but my recollection from prepping for the Tennessee bar is that you must specifically exclude a child by name in order to eliminate that share. In this case, the fifth child would get to collect a share.
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Mar 19, 2013 15:07
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edit: nm.
Little_China fucked around with this message at 04:41 on Mar 20, 2013 |
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Mar 20, 2013 04:28
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Starpluck fucked around with this message at 08:36 on Apr 22, 2014 |
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Mar 22, 2013 05:40
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Starpluck posted:This is regarding the state of California. This is regarding something one of my younger cousins (who's a juvenile) was charged with. His friend allegedly snatched an iPhone from a 13 year old girl's hands. My juvenile cousin then held the stolen iphone for his friend at his home (whether if he held it knowing if it was stolen or not is unknown to me at this time). The police later tracked the stolen iPhone to my cousin's house. When the officers and my cousin retrieved the iPhone at his home, it was inside a drawer. My juvenile cousin was then placed under arrest for receiving stolen property. He is currently in jail. I don't know California law but your cousin needs a lawyer yesterday. He should also shut up and stay shut up until his lawyer speaks with him. If the family can't afford a lawyer they should see if he qualifies for the public defender.
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Mar 22, 2013 05:47
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Starpluck posted:This is regarding the state of California. This is regarding something one of my younger cousins (who's a juvenile) was charged with. His friend allegedly snatched an iPhone from a 13 year old girl's hands. My juvenile cousin then held the stolen iphone for his friend at his home (whether if he held it knowing if it was stolen or not is unknown to me at this time). The police later tracked the stolen iPhone to my cousin's house. When the officers and my cousin retrieved the iPhone at his home, it was inside a drawer. My juvenile cousin was then placed under arrest for receiving stolen property. He is currently in jail. A: Yes, they very well may file B: The burden is the same as any other criminal case. He also should have shut the gently caress up and called a lawyer. He should do that now. He will be appointed a PD if his parents cannot afford an attorney. He'll basically get one if he asks for one (unless his parents are rich) and he should. The bad news is that has he has a co-defendant, one of them will almost certainly be represented by a contract conflict attorney, who has a much higher likelihood of being a hack than a county employed PD (in a few counties, the conflict panel is county employed and will be the same as a PD). The good news is that juvi system here sucks somewhat less than it did 10 years ago, but you still want to stay out of the system. God, I bet his parents taught him to talk to the police and cooperate. They really need to stop doing that. Depending on his age and how creative the prosecutor gets, he could be brought not the adult system, which would basically ruin his life. If his parents can talk to him they need to tell him to shut the gently caress up and not cooperate until he speaks with an attorney. For years parents have been teaching children that not admitting guilt will get you in worse trouble than the thing they did. Now that he's in the system this is in no way true. With a good lawyer, he could probably escape this without a record if he just shuts up. nm fucked around with this message at 06:20 on Mar 22, 2013 |
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Mar 22, 2013 06:15
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Starpluck fucked around with this message at 08:36 on Apr 22, 2014 |
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Mar 22, 2013 08:22
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You said you don't know if your cousin knew the phone was stolen. Whether or not he did is pretty pertinent. If he did, and he's been dumb enough to admit that to the police, he's probably hosed. I have no idea how his being a juvenile affects his position. Basically, tell your cousin to do as everybody else is saying: shut the gently caress up and get a lawyer. edit: just as an aside, looking this up is the first time I've read an American criminal statute. Are they all as preposterously verbose as California's, or are some less arcane? It's a total clusterfuck of a code by Australian standards. Smudgie Buggler fucked around with this message at 01:23 on Mar 23, 2013 |
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Mar 22, 2013 15:09
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Did you mean 496(a)? [nice username/error combo] Here's Oklahoma's: http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=21+os+1713 and the jury instruction, which might (?) be closer to what you're thinking: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=81314 And let's see yours, since you're seen ours. joat mon fucked around with this message at 17:13 on Mar 22, 2013 |
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Mar 22, 2013 16:35
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Smudgie Buggler posted:California Yes.
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Mar 22, 2013 16:41
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So a while back I posted about my friend who was being charged with assault, despite his claims that he wasn't a part of the group that beat the kid in question. After discovery, of the four people interviewed on tape, the assaulted and his friend made no mention that my roommate participated at all. Another witness said he was there but wasn't a part of the group that assaulted the kid. The only person that is implicating him t all is a third witness who is noted for having a grudge toward a lot of the people in our house, and has been bragging on various social media that he is getting people in trouble with the law (he's one of those wanna be cop/ROTC weirdos) With this in mind, does the situation look any better for my roommate? Apparently he was offered a plea for three years in state prison which he's not taking, but I really can't fathom that he'd get anything considering how weird the whole situation seems to be.
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Mar 22, 2013 20:09
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Smudgie Buggler posted:edit: just as an aside, looking this up is the first time I've read an American criminal statute. Are they all as preposterously verbose as California's, or are some less arcane? It's a total clusterfuck of a code by Australian standards. Each state is like a foreign country as they developed their code independently. They're organized and written totally differently. One state reads like Ye Olde England, another will look like StarFleet regulations with no extra words.
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Mar 22, 2013 20:17
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This is why we always ask what state you are in. I guess there is the Model Penal Code, but no states have adopted it 100%. Though most states use some of it.
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Mar 22, 2013 20:19
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woozle wuzzle posted:Each state is like a foreign country as they developed their code independently. They're organized and written totally differently. One state reads like Ye Olde England, another will look like StarFleet regulations with no extra words. California is the best because it does both of these things. Sometimes in the same section. And then you get the truly crazy poo poo passed through propositions. Not getting charged is a good sign, but he isn't out of the woods. What county. If it is Sacramento, East Bay, or the IE, I might have recs for attorneys if they have too much money for the pd route. nm fucked around with this message at 21:30 on Mar 22, 2013 |
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Mar 22, 2013 21:21
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tbp posted:So a while back I posted about my friend who was being charged with assault, despite his claims that he wasn't a part of the group that beat the kid in question. That helps your roommate, but isn't necessarily conclusive. It'd depend a lot on the specific details and prosecutor, etc etc. Remember that "circumstantial" evidence is rather admissible in court, and is often rather good evidence of something. The media and public have a tendency to beat up on it for no particular reason. His lawyer (if he's looking at a plea for three years, he has a lawyer, or is way stupider than I imagine) will be able to give him more specific advice. Odds are good that you don't have all the facts, so there might be other evidence implicating him that he won't admit to you, or that he has dismissed for whatever reason, but I bet the attorney is working on things. If you have more information (like the social media posts), just print off a copy, including all the information you possibly can, (date, time, website, author, how to find it, etc) and send it to his attorney. As his attorney will tell him, if he takes a plea, whether he actually did anything or not is largely irrelevant. Taking a plea means you're admitting you did it.
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Mar 22, 2013 21:26
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Arcturas posted:As his attorney will tell him, if he takes a plea, whether he actually did anything or not is largely irrelevant. Taking a plea means you're admitting you did it. This is very important. He needs to understand, if he takes the plea, he did it--or might as well have. If he thinks he can blow this off in the future by saying "I was innocent, I just wanted to avoid a worse sentence" that's not going to work. For employment or how having that record will play into any trouble he might get into in the future, etc. It's not like he'll be a registered sex offender or anything, but it's not going to be easy.
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Mar 22, 2013 22:33
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Oh no they've rejected the plea, I'm just saying what was offered. Thanks for the replies. I agree with the fact that he may have more to the story that I've not been told, but I'm operating on that not being the case considering I wasn't there to draw any conclusions or anything of the sort. With that in mind, it seems rather brutal that one testimony from someone with an ax to grind can implicate someone, but I suppose it makes sense.
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Mar 22, 2013 22:37
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tbp posted:Oh no they've rejected the plea, I'm just saying what was offered. I saw that he has as of now, but I was thinking if things start to look dicey he might rethink that decision (if it's still on the table).
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Mar 22, 2013 22:44
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joat mon posted:Did you mean 496(a)? [nice username/error combo] I think I was a bit more disparaging of US penal codes than I meant to be. Our two most populous states don't even have criminal statutes. All crime is dealt with at common law in New South Wales and Victoria (VIC does have the Crimes Act, and that's kind of a criminal statute, but it's pretty much just tweaks to the common law and sentencing guidelines). That's a clusterfuck. But yeah, these codes seem needlessly complicated to me. ss432 & 433 of the Criminal Code (Qld) deal with receiving stolen property. The Queensland Criminal Code is generally considered an OK statute, but it's getting on a bit. It was originally based on the Italian Penal Code from the late 19th Century. It's also been copied almost verbatim by a bunch of smaller Oceanic countries. Our federal criminal code is pretty great. It's a model of frugally worded law. But our constitution delegates dealing with most workaday crimes to the states, so it's most often not applicable.
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Mar 23, 2013 01:46
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Can some goon in the know tell me about speeding tickets? I'm 23, I've been driving for 4 years, I've never been pulled over at all before now but I have had parking tickets before, not many though (two) and both were on my college's campus. Well I was driving my boyfriend's car which is both newer and faster than mine so I always tend to speed unintentionally in his car. I wasn't paying attention to my speedometer and thought I was in a 45mph zone. Apparently I was driving 55 in a 35 which means a nice fat $205 ticket for me. Is there anything I can do about this other than straight up paying it. I'm more than willing to go to court so that's not an issue at all.
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Mar 24, 2013 03:35
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This strikes me as relevant to your situation:euphronius posted:This is why we always ask what state you are in.
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Mar 24, 2013 03:59
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Yeah, for instance, if that's Virginia, that's a misdemeanor, as opposed to just a simple fine.
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Mar 24, 2013 16:20
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So does anyone have any advice or websites helpful for writing a legal affidavit? I was witness to domestic assault about two days ago, and have been asked by the claimant to provide a statement. I'm thinking about simply detailing the events that lead to my being there that night followed by a description of the incident in question, and then a brief summary of what happened before finishing up with an impression of the defendant in relation to the case at hand. I can't help but feel that I'm going to be providing too much information, and am wondering if its also worth noting events that had taken place at earlier times last year that I feel would contribute to an understanding of the defendant's behavior. Basically, I have never written one before, and am a bit hesitant in how to go about it. Living in New Jersey, if that means anything.
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Mar 24, 2013 16:25
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The victim's lawyer will prepare it most likely and then arrange for notarization.
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Mar 24, 2013 17:07
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Walkin Goon posted:I was witness to domestic assault about two days ago, and have been asked by the claimant to provide a statement. Were you asked by the claimant, or by the claimant's attorney? You might be wasting your time. If the attorney just wants to know what you know about the incident, I wouldn't think that would have to be a formal affidavit. If this affidavit is intended to be used as testimony, I wouldn't think it would be admissible in court because a written statement can't be cross-examined.
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Mar 24, 2013 18:16
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Marley Wants More posted:If this affidavit is intended to be used as testimony, I wouldn't think it would be admissible in court because a written statement can't be cross-examined. Probably a dumb question, but what is the point of an affidavit if it is not admissible? Are they admissible for other reasons?
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Mar 24, 2013 18:25
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SkunkDuster posted:Probably a dumb question, but what is the point of an affidavit if it is not admissible? Are they admissible for other reasons? That's why I asked if it's the claimant asking for it or an attorney. If it's the attorney, it might be part of what I think is called "discovery" in which case you can be deposed by both parties. It depends on what this affidavit is supposed to be used for. If the claimant is pro se and thinks s/he's just going to stand up in court and read your statement, I don't see how that would work because than the respondent wouldn't be able to cross examine you, which is their right as part of their defense. I'm not an attorney and I could be very wrong, this is just something that came to mind when I read your post. Just something to think about. Before you go to all the trouble of preparing a formal affidavit, you should probably make sure you're not wasting your time. Edit: Also, if this is something an attorney wants, I'm pretty sure they'll do all the legwork. You just have to show up, swear an oath, and talk.
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Mar 24, 2013 18:33
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^^^ The rules of evidence are complicated and I feel too lazy to actually go and look them up for the state he's in but since you've already admitted to not being an attorney please don't give advice on a subject you know nothing about. That said if the guy's attorney wants it then he'll walk you through it. If you're doing this of your own volition just get in touch with the attorney first and tell him you're willing to provide the information you know.
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Mar 24, 2013 18:49
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https://www.bambuser.com is a website that allows you to stream live video from your computer or phone. They have a partnership with AP (Associated Press), that allows AP to contact streaming users in order to get more information about a news event they're streaming. You put a checkbox next to the following, if you want to be contacted by AP: "Allow AP to use my public content and contact me using the details provided above. By doing this I also agree with AP's Terms of Use." The terms of use are these (http://api.bambuser.com/mp/ap/terms.html): -------------------------------------------------------- Terms & Conditions All video contributions are vetted for accuracy and as the creator of this content you will be recognised. The video will carry a mandatory credit to 'Bambuser/Your Name'. I hereby agree and acknowledge the Associated Press and its affiliates (i) shall have all consents necessary to use and distribute this content throughout the world in perpetuity by any and all means in all media, including on a commercial basis, (ii) shall not be responsible to compensate me for any content submitted. -------------------------------------------------------- What if I were record and stream the first contact/invasion with alien life and it's picked up by AP and broadcast worldwide? Does that agreement prevent me from making megabucks selling the video to  or something?Bambuser terms of use (https://bambuser.com/tou): -------------------------------------------------------- By broadcasting Content through the use of the Service, you hereby grant Bambuser a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, reproduce, distribute, transmit, prepare derivative works of, modify, display, publish and perform such Content on, through or in connection with the Bambuser Site, Software, Service and Bambuser's (and its successor's) business in any media formats and through any media channels, including without limitation, for promoting and redistributing part or all of the Bambuser Site, Software and Service (and derivative works thereof). You also hereby grant each user of the Bambuser Site, Software, Service and business in the applicable Viewers Network, a non-exclusive right to access your broadcasting Content through the Site, Service and/or Software, subject to their payment of any applicable fees, if applicable. By registering as a user to the Service, you may search and access for Content broadcasted which is available as per your User ID. Except as permitted herein and under the scope of the Service, you shall not to use, copy, reproduce, transmit, broadcast, display, perform, license, modify, rent, distribute, lease, loan, sell, or otherwise exploit the Content broadcasted by other user, and not to create derivative works based on such Content, in whole or in part. --------------------------------------------------------
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Mar 24, 2013 19:04
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Soylent Pudding posted:please don't give advice on a subject you know nothing about. I don't think it's unreasonable to caution Walkin Goon to make sure he's not wasting his time by trying to prepare a correctly formatted affidavit that may or may not be useless. I tried to be careful in explaining why I think it might be so as not to give him the impression that what I *think* is factual. Nor do I think it's unreasonable to tell him if this is an attorney's request, he doesn't have to worry about the "correct" way to do it because the attorney will handle that--on which you and I agree. I do understand your point, though. I assure you I have no intention of playing lawyer in this thread.
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Mar 24, 2013 19:14
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So on a light note, got a note back in the mail that the 200 dollar jaywalking ticket my wife got was appealed thanks to her written declaration. Thanks, goons! We have to wait 60 more days for a check to come, so LA can get more of the sweet, sweet interest. In total we had to wait 9 months for our refund, so it's like waiting for a baby. A baby of JUSTICE.
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Mar 24, 2013 19:26
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SkunkDuster posted:Probably a dumb question, but what is the point of an affidavit if it is not admissible? Are they admissible for other reasons? In California, as a defense attorney, I have to turn over statements of witnesses I might call. It can also be used to settle thing case as in : "her's what this guy is saying, you're gonna lose." Same for prosecutors.
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Mar 24, 2013 19:36
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brylcreem posted:What if I were record and stream the first contact/invasion with alien life and it's picked up by AP and broadcast worldwide? Does that agreement prevent me from making megabucks selling the video to The key word is non-exclusive. You can try to sell it to Fox. But the AP also has rights to sub license, according to the ToU. And Fox almost certainly has a pre existing deal with the AP.
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Mar 24, 2013 20:48
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Just a theoretical question here: Suppose I'm pulled over for speeding or whatever one day. When the cop comes up to me and asks if I know why I was pulled over, would it be legal for me to claim Fifth Amendment protection in that scenario, or does the Fifth only apply in a courthouse or other public building with regards to avoiding potential self-incrimination? Just something I'd like to keep in the back of my head in the event I'm ever pulled over. Not sure if it's relevant, but I'm currently in Massachusetts.
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Mar 25, 2013 02:49
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Regalingualius posted:Just a theoretical question here: Suppose I'm pulled over for speeding or whatever one day. When the cop comes up to me and asks if I know why I was pulled over, would it be legal for me to claim Fifth Amendment protection in that scenario, or does the Fifth only apply in a courthouse or other public building with regards to avoiding potential self-incrimination? Just something I'd like to keep in the back of my head in the event I'm ever pulled over. It applies. You have the right to remain silent in that situation. If you invoke that right, the officer must respect it. However, the cop is only asking you because he's being nice. He's already got all the evidence he needs to get a conviction. So if you plead the 5th, he will write a ticket and probably give your entire car a once over for anything else. Typically the advice is "never ever loving ever talk to the police". But when pulled over for pure speeding with a good driving record (and nothing else going on, like drugs in car), I'd say the best course of action is to be honest and humble. You have a reasonable chance of getting a warning or non-moving violation, and that chance would be eliminated by being stuffy.
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Mar 25, 2013 03:32
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woozle wuzzle posted:But when pulled over for pure speeding with a good driving record (and nothing else going on, like drugs in car), I'd say the best course of action is to be honest and humble. You have a reasonable chance of getting a warning or non-moving violation, and that chance would be eliminated by being stuffy. You can also just say "I don't know" so that you're not admitting anything but also not being "suspicious" by pleading the fifth.
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Mar 25, 2013 05:13
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