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Bad Munki posted:Wouldn't transfer of contraband be superseded by the illegality of continuing to own it? Yes, though in some cases (e.g., gun control) the laws are written to permit continuing possession, to avoid potential issues with the takings clause.
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Oct 28, 2013 19:15
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joat mon posted:Yes, though in some cases (e.g., gun control) the laws are written to permit continuing possession, to avoid potential issues with the takings clause. Concern about the takings clause is so 2004: Kelo v. City of New London
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Oct 28, 2013 19:24
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I have a legal issue that I've talked to quite a few people about and I've never been able to get a straightforward answer for, so maybe you guys can help. For reference, I live in Massachusetts. Before I was 18, I attempted suicide. I was a pretty depressed kid, but at this point that was years ago and since then I have on antidepressants and talk with a psych pretty regularly about it. What I want to know is, can I legally apply for an FID card? I have heard that a suicide attempt would show up on a background check and pretty much bar me from even being considered. But I've also heard that since I was under 18 at the time, it doesn't go on my record? Is there any truth to this? My parents want to give me one of their guns, on the grounds that I get an FID card, but before I spend the $100 on the process I'd like to know if its even possible.
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Oct 28, 2013 19:37
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Isaacs Alter Ego posted:I have a legal issue that I've talked to quite a few people about and I've never been able to get a straightforward answer for, so maybe you guys can help. For reference, I live in Massachusetts. State of MA posted:[No FID card if applicant:] If you were involuntarily committed and your doctor will not sign an affidavit that you're OK now, you won't be able to get one.
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Oct 28, 2013 20:05
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joat mon posted:If you were involuntarily committed and your doctor will not sign an affidavit that you're OK now, you won't be able to get one. I'm not sure if I was "involuntarily" committed... I did spend some time in the psyche ward, but I was the one who called the ambulance in the first place and just agreed when the doc said I should go. Does that count as voluntary, or no? And I'm assuming the under-18 thing doesn't matter at all then?
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Oct 28, 2013 21:22
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Isaacs Alter Ego posted:I'm not sure if I was "involuntarily" committed... I did spend some time in the psyche ward, but I was the one who called the ambulance in the first place and just agreed when the doc said I should go. Does that count as voluntary, or no? And I'm assuming the under-18 thing doesn't matter at all then? You have waded into an area of gun law that is a potential clusterfuck. Getting your ongoing psych to sign off that you're better sounds like it bypasses all of these issues and might be your best course. Someone over in TFR might have more specific direct knowledge of your state's FID system.
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Oct 28, 2013 21:38
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Hi guys, I'd really appreciate some advice on this one. I am currently an ensemble member for a not-for-profit theatre company in Chicago; for about the past six months or so, the senior staff (which excludes me) has actively been trying to get rid of the artistic director - she was a co-founder of the company, starting out as production manager before moving to the AD position. In essence, she is incredibly difficult to work with, has created hostile relationships with the cast and crew in every one of the shows she has supervised (we have testimonials to prove it), and has been incredibly avoidant and uncommunicative in terms of addressing this behavior or setting up meetings. To that end, the rest of the company's staff has decided to fire her as artistic director, and there is an upcoming board meeting in which I have been told a vote of no confidence will be levied against her, and a majority vote will vote her off the board. Meanwhile, the staff had been trying for weeks to solidify a time in which they could meet face-to-face in order to fire her, and because of this avoidance and knowing her behavior and hostile attitude, the staff changed the passwords to the company email so she could not access documents/email people as the company. She quickly figured out why they were calling the meeting. In the middle of the meeting last night, I am told she told everyone that, earlier that day, she went to the bank and withdrew all of the money that was currently in the company's account (about $3k+, 2/3rds of which originally came from the managing director's own pocket). She then closed the account, and claims she has set up another bank account with the company's name - that is where the money allegedly resides. The company's funds are effectively being held ransom until certain as-yet-undisclosed demands are met. Her position is that this is an equivalent action for changing the password on an email account, among other crimes like "being mean to her parents." She also claims that "she IS (company name)," and that it's the rest of the staff's decision regarding whether or not they would like to go with her. This conversation was recorded on audio by one of the staff members, so these statements cannot be in dispute. Long story short, this is incredibly unacceptable and childish behavior, and I'm pretty sure this is literally embezzlement. What are our options for recourse or recovering the money, mitigating factors being that the person in question Has Wealthy Lawyer Parents, and the rest of the staff are twentysomething citygoers whose money has just been stolen? Hewlett fucked around with this message at 16:58 on Oct 29, 2013 |
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Oct 29, 2013 16:47
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Have you considered reporting her to the police for theft?
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Oct 29, 2013 16:58
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Her wealthy lawyer parents probably aren't unreasonable like she is and are actually probably best placed to talk her down to prevent her getting into trouble.
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Oct 29, 2013 17:12
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FrozenVent posted:Have you considered reporting her to the police for theft? It's the route they're certainly considering. The main issue is that she was technically a cosigner on the account, so it could be considered that the money was hers to do with as she will (making it a civil case), right? Alchenar posted:Her wealthy lawyer parents probably aren't unreasonable like she is and are actually probably best placed to talk her down to prevent her getting into trouble. Actually, her wealthy lawyer parents are very much on her side, and have sent several hostile phone calls to staff members and insisted on holding meetings about company business, despite them being donors at best. Hewlett fucked around with this message at 17:23 on Oct 29, 2013 |
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Oct 29, 2013 17:18
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Some type of settlement negotiated by the lawyers sounds like the best solution here. Everyone loses (but the lawyers!).
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Oct 29, 2013 17:23
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My sister is having a hard time finding an attorney to just CONSULT with her regarding her daughter's case for less than $1000. Daughter is 18 and in college in Virginia. She was stopped on the way home from a party where she was walking with a bunch of kids. Not being disruptive. The cop asked her to take a breathalyzer and blew like a .10. The school and the courts charged her with underage alcohol possession. Her court date is 12/23. Here's the rub. When she was in high school, she got an underage alcohol possession charge, 3 speeding tickets and a failure to yield (her license is revoked until she turns 19 years old). So this is her 2nd alcohol possession charge but she has the other stuff on her record too. Is it unfair to think that there's an attorney out there who will just talk to my sister before requesting $1,000 to represent this kid? Do you think my sister even NEEDS to get an attorney? I can't imagine it's likely she'd get jail time. Just askin' if anyone has any thoughts or advice.
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Oct 29, 2013 20:51
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$1,000 sounds fair considering the priors. How much is the fine plus costs?
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Oct 29, 2013 20:52
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Hewlett posted:Hi guys, I'd really appreciate some advice on this one. Y'all certainly have a penchant for drama. Firstly, look to your own motivations. It isn't your money and you're receiving second hand and third hand information at best. You are, pardon the metaphor, a bit player. For example, you don't even have the authority to check the bank account. As an outsider, you're in the thankless position of badgering other people for info and trying to get someone else to champion your advice. OP's best move is to watch and learn from the mistakes of others. As to what the insiders should be doing, they need to check the account to see if it really is emptied. Another thing they really need to do is find the formation documents for the theater company and read them carefully. If there are no formation documents, then everyone needs to back away slowly, then run, because they've probably been conducting business without a license, without insurance, without paying taxes, etc. patentmagus fucked around with this message at 21:17 on Oct 29, 2013 |
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Oct 29, 2013 21:02
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patentmagus posted:Y'all certainly have a penchant for drama. Firstly, look to your own motivations. It isn't your money and you're receiving second hand and third hand information at best. You are, pardon the metaphor, a bit player. For example, you don't even have the authority to check the bank account. As an outsider, you're in the thankless position of badgering other people for info and trying to get someone else to champion your advice.  Your tone seems a bit abrasive - I'm just asking for advice, as these events affect me too as a company member who is in the process of hiring actors and designers for our next production. The insiders (i.e. those who were at the meeting) have checked, and the account is emptied and closed. Also, why is there the assumption that we aren't a working not-for-profit theatre company? We've been in operation for 3+ years, have the formation documents, and are registered and working as a 501(c)3.
Hewlett fucked around with this message at 22:26 on Oct 29, 2013 |
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Oct 29, 2013 22:18
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Hewlett posted:
Regardless of the drama, you have a dispute between someone who is either a corporate officer or a corporate employee and the company about management of corporate funds, property, and their corporate duties. If she's got attorneys on her side (whether technically representing her or not), you folks will probably want to get an attorney of your own involved. There are lots of rules about conversion and theft and fiduciary duty that get complicated, and locking out officers, board members, employees, etc. is one of those classic corporate disputes that's been fought time and time again. That said, getting an attorney could be pricey, and you folks need to decide how much effort it's worth to recover the few thousand dollars. It's a lot of money out of pocket, but an attorney will probably run you at least that much. You could try seeing if there are any pro bono services in the area, or if there are any relevant community organizations who can help.
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Oct 29, 2013 22:47
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Hey lawyer goons. Got a hypothetical for you. Let’s say a young woman (in her early twenties) is a resident of Wisconsin. She is terminally ill. She already has medical power of attorney. She has very limited assets: a bank account, a car loan, a mortgage. Let’s say she wanted to leave everything to her live-in mother. Would this young woman need a will or under WI state law would everything automatically transfer to her mother? If she needs a will, how much should we expect to pay? Would Legalzoom be a good idea in this hypothetical situation? Medical power of attorney is taken care of. Immediate family consists of a mother and a brother (also an adult). One last hypothetical to throw a wrench in the gears: what if said young woman is not determined to be lucid by the lawyer? How do those rules work? Thanks Law goons
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Oct 29, 2013 22:52
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Hey, smart people. I have a situation and would like some feedback. I rent a two-bedroom home in Massachusetts with my mom and until recently, her boyfriend. A fight broke out after he started growing weed in the basement, which pissed my mom off, so he called the cops on her for assaulting him (with pot incubators and seeds or whatnot on our living room table no less. Just to give you an idea how crazy he is). I didn't see anyone hit anyone so I can't say but niether of them have evidence of being struck. Cops came, destroyed the weed, didn't press charges despite admitting it's a (assault) mandatory arrest, drove him to his mother's who lives nearby and now my mother and I are stuck with some utilities that have backcharges in his name. Plus we're still receiving $200+ equipment in the mail for growing, addressed to him. I think the cops didn't arrest anyone because I look like a minor (22) as he was emphasizing my importance. My mother called him today to plead with him to keep the utilities on, and he responded with "you know what happens to rats". I know it doesn't make sense and it's confusing as gently caress (he's basically lost his mind), so I'll try to explain when I can. He's disabled and my mother was his caretaker for six years. She was employed by a local foster system for disabled adults. He also recently sold his motorcycle before this poo poo happened and hoarded that money along with his disability pay, leaving us with his bills and him, cash. My mom has been in charge of their finances for those 6 years. The utilities won't let either of us open an account until his bill is paid despite him bailing on this house and us. We have a fireplace and oil furnace for heat and I'm seriously considering burning his clothes for warmth. rizuhbull fucked around with this message at 23:03 on Oct 29, 2013 |
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Oct 29, 2013 22:59
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Arcturas posted:Regardless of the drama, you have a dispute between someone who is either a corporate officer or a corporate employee and the company about management of corporate funds, property, and their corporate duties. If she's got attorneys on her side (whether technically representing her or not), you folks will probably want to get an attorney of your own involved. There are lots of rules about conversion and theft and fiduciary duty that get complicated, and locking out officers, board members, employees, etc. is one of those classic corporate disputes that's been fought time and time again. Some other creatives in the area have given us some referrals to pro bono creative arts lawyers, so we might end up going that route. Thanks very much! I agree, this is a lot of stupid drama that none of us need; I literally can't believe these things are happening.
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Oct 29, 2013 23:03
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Lowness 72 posted:Hey lawyer goons. Got a hypothetical for you. Do a will, that way you can avoid excess probate fees involved in a determination of heirship.
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Oct 29, 2013 23:09
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My brother and his wife and children have an apartment in Illinois and their landlord has been harassing them about noise (the landlord rents to relatives in the apartment below) nearly every day for the last month. The complaints have been relating to their children making normal child noises during daytime hours (10am-5pm). I personally witnessed an instance of the landlord knocking on the door to complain about the kids when they were playing relatively quietly in the living room. They (landlord) have called the police multiple times, admitted to recording my brother's family through the walls of their apartment, and recently served them an eviction notice. I told my brother to record every instance of any complaints, calls to the police, intrusions into their privacy etc, but now with the eviction notice I'm not sure what he should do. They're on the lease until next summer and can't afford a lawyer because my brother is masters student and his wife doesn't make much. Suggestions?
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Oct 30, 2013 01:24
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Move. Claim LL breached covenant of quiet enjoyment. Pray.
euphronius fucked around with this message at 01:32 on Oct 30, 2013 |
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Oct 30, 2013 01:28
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euphronius posted:Move. Seriously, sounds like the landlord wants them gone. Sit down with him and see if he'll let you out of the lease. A judge can't order him to be nice.
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Oct 30, 2013 01:32
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That's it? For a blatant case of housing discrimination they should just pack up and move in the middle of the school year? Landlords don't just get to evict tenants without cause, the lease is supposed to protect both parties.
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Oct 30, 2013 01:42
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Just getting him to mutually terminate the lease and leave is far, far easier than fighting an eviction. If he won't agree to it, then you can man the harpoons and fight it.
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Oct 30, 2013 01:44
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Dolphin posted:That's it? For a blatant case of housing discrimination they should just pack up and move in the middle of the school year? Landlords don't just get to evict tenants without cause, the lease is supposed to protect both parties. Did you read the part where they can't afford a lawyer
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Oct 30, 2013 01:47
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euphronius posted:Did you read the part where they can't afford a lawyer
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Oct 30, 2013 01:50
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Dolphin posted:Well yeah. I guess I'm wondering if there's no preponderance of evidence that he has violated his lease, if he should just bend over and take it or whether it would be a good idea to file a complaint through HUD, ACLU, etc. Even if they win, they still have an rear end in a top hat for a landlord whose family lives downstairs. Being an rear end in a top hat isn't illegal, sadly enough. Leaving isn't winning, but sometimes you have to pick the battles that are worth fighting. This isn't one of them.
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Oct 30, 2013 01:56
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In this case the win condition is getting out of there without remaining further obligated on the lease and without an eviction on the record.
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Oct 30, 2013 02:24
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Dolphin posted:Well yeah. I guess I'm wondering if there's no preponderance of evidence that he has violated his lease, if he should just bend over and take it or whether it would be a good idea to file a complaint through HUD, ACLU, etc. Does moving out preclude also filing a complaint through HUD?
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Oct 30, 2013 02:43
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Could use some insight into this, not sure if it is worth my time to file a claim against my ex for this or not. I lived in a duplex in a 3 bedroom duplex in Austin, TX. Myself and one other roommate were on the lease, my ex lived in the duplex for a year but was not on the lease. Our lease forbid animals in the house but I (stupidly) let my ex bring her two dogs with her when she moved in. When we split up and moved out, myself and my roommate got hit with a bill $6,000 for damages done by the dogs + violating the lease by having dogs in the first place. We negotiated the final bill down to ~$3,500 and asked my ex to split the costs with us since her dogs had caused $2,000 in damages (we didn't ask her to cover the fines associated with violating the lease since she wasn't on it to begin with). Can I sue her for the damages to the house that were clearly caused by the dogs (pet urine in carpet, scratched doors, etc.)? Or am I just going to have to eat the bill and chalk up as an expensive life lesson since she wasn't on the lease?
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Oct 30, 2013 03:02
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Gaffe posted:Could use some insight into this, not sure if it is worth my time to file a claim against my ex for this or not. You can threaten to sue her for free and see how she responds!
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Oct 30, 2013 03:12
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EAT THE EGGS RICOLA posted:You can threaten to sue her for free and see how she responds! Tried that, got radio silence from her! Haven't gotten a response since she got a copy of the bill my landlord sent.
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Oct 30, 2013 03:29
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Hopefully this should be a quick and easy question. I am in Victoria, Australia if that matters. My Step-Dad is terminally ill with brain cancer. As soon as he was diagnosed he made a Will splitting his estate between 3 people me, my sister and his current girlfriend. However we found our recently that he is still married to his wife that he married 10 years ago. They broke up pretty quickly and they haven’t had contact with each other for most of those 10 years. We tried to organise a divorce but we were advised that he needed to be of fit mind to sign it and he is basically in a coma now. I rang a government legal hotline and they advised that the Will would override the marriage however it felt like a vague answer or that I was not asking the relevant question. I just want to make sure she can’t come out of the woodwork after he has passed and challenge the will. She’s not a nice person and I can see her trying to get her hand on any money no matter how little there is. So I guess my question is can anyone advise that the Will should override the marriage? I assume she can challenge the will no matter what but if he made the will afterwards I assume the challenge should be shot down?
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Oct 30, 2013 06:43
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rizuhbull posted:The utilities won't let either of us open an account until his bill is paid despite him bailing on this house and us. Go to the nearest domestic violence support center - they deal with jilted exes ruining people's finances all the time. Dolphin posted:My brother and his wife and children have an apartment in Illinois and their landlord has been harassing them about noise (the landlord rents to relatives in the apartment below) nearly every day for the last month. The complaints have been relating to their children making normal child noises during daytime hours (10am-5pm). I personally witnessed an instance of the landlord knocking on the door to complain about the kids when they were playing relatively quietly in the living room. They (landlord) have called the police multiple times, admitted to recording my brother's family through the walls of their apartment, and recently served them an eviction notice. I told my brother to record every instance of any complaints, calls to the police, intrusions into their privacy etc, but now with the eviction notice I'm not sure what he should do. They're on the lease until next summer and can't afford a lawyer because my brother is masters student and his wife doesn't make much. Suggestions? If you think they are being discriminated against because they have children, send them to your nearest legal aid organization - they'll help figure out how strong their case is.
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Oct 30, 2013 10:12
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Robiben posted:I just want to make sure she can’t come out of the woodwork after he has passed and challenge the will. She’s not a nice person and I can see her trying to get her hand on any money no matter how little there is. As his legally-married spouse she has every right to try to contest the will, Probate can be a long, expensive pain in the rear end and many jurisdictions have a running joke about family court decisions being random. You want a lawyer in this situation. Now. e:  , thanks euphronius
flakeloaf fucked around with this message at 14:13 on Oct 30, 2013 |
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Oct 30, 2013 13:34
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In Pennsylvania current wife could take I think 30% of the estate notwithstanding the Will. I hope you aren't in Pennsylvania. This is the concept http://en.wikipedia.org/wiki/Elective_share
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Oct 30, 2013 13:37
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Legal aid probably won't help kid tenant dude because he makes too much. But maybe not. It's worth a shot. His university may also have student legal aid.
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Oct 30, 2013 13:40
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IANAL but I have had my share of insane landlord issues, so I want to share what was given to me by an attorney (I think I actually got the same advice from this thread at the time) - what is your brother's victory situation here? Let's say he fights this, and he gets everything that he wants. What exactly is that? The best case scenario is that everything rules in his favor, he gets to stay in the apartment, and his landlord pays all the fees. Now he is in a position renting from someone who truly hates their guts for the next, what, nine months? With his family (who will 100% know about this outcome and resent it) living downstairs? Does this actually seem like a good thing? I spent six months living with a nutjob landlord downstairs because we didn't have a viable exit, and it was horrific and torturous. It turns your home into a battlefield, and you will end up jumping at every noise, dreading every interaction with your neighbors, and expecting every night to be interrupted by some insane poo poo. Is this the environment your brother wants to be in? That he wants his family in? And keep in mind, this is the 'good' outcome. The 'bad' outcome is that they fight and lose, have to pay the court fees, and end up with their poo poo on the street and an eviction on their record, which is murder in a decent rental market. I know it sucks when you are in this situation, but sometimes a fight isn't the good choice. Your brother would probably be better off talking to the landlord and negotiating a non-eviction early end to the lease with some time for them to pack up and get out. Your brother doesn't have to stick it out to file a discrimination case; he can lodge a complaint with HUD as long as it is within a year, and he can file his own lawsuit within two. Here is the HUD website for Illinois with links to the Illinois Tenants Union and Legal Aid organizations.
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Oct 30, 2013 15:38
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euphronius posted:In Pennsylvania current wife could take I think 30% of the estate notwithstanding the Will. I hope you aren't in Pennsylvania. I don't know about PA (let alone Australia), but in my state, I doubt she could take the elective share under the facts presented. I think the 10 year separation would be sufficient to qualify as desertion, which renders a spouse ineligible for the elective share.
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Oct 30, 2013 15:58
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