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SkunkDuster posted:Imagine two people are committing a felony such as armed robbery in the United States. One of them gets cold feet and leaves. After he is long gone, the robber who stayed behind kills somebody. Would be person that left be culpable for the killing? If the robbery had already gone down and the killing was in some way connected to the robbery, yes. In addition to what Arcturas said, Conspiracy and withdrawal/renunciation could be other legal doctrines in play. And foreseeability* *May not apply in some jurisdictions.
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Mar 14, 2014 20:58
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This is a pretty good read regarding Felony Murder: https://www.lewrockwell.com/2010/11/ryan-mcmaken/hunter-s-thompsons-last-stand/
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Mar 14, 2014 21:03
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SkunkDuster posted:Imagine two people are committing a felony such as armed robbery in the United States. One of them gets cold feet and leaves. After he is long gone, the robber who stayed behind kills somebody. Would be person that left be culpable for the killing? Barring other added facts, yes.
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Mar 14, 2014 21:04
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SkunkDuster posted:Imagine two people are committing a felony such as armed robbery in the United States. One of them gets cold feet and leaves. After he is long gone, the robber who stayed behind kills somebody. Would be person that left be culpable for the killing? Arcturas posted:Probably. Accomplice liability & felony murder would be the relevant doctrines. For Example (Texas): § 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. (b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
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Mar 14, 2014 21:18
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blarzgh posted:For Example (Texas): Would he still be considered to be attempting if he left the area before it happened?
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Mar 14, 2014 21:50
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SkunkDuster posted:Would he still be considered to be attempting if he left the area before it happened? Probably.
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Mar 14, 2014 21:52
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I can't believe I never thought to ask this thread this question. I have a cosmetic condition that can be treated with a medicine that for whatever reason is prohibitively expensive in the US, and totally reasonably priced in Mexico (and everywhere else, really.) Would I be violating the law if I took a legitimate prescription from my doctor here and had it filled in Tijuana? I'm in Texas, though of course if this is a terrible, illegal idea it seems it would be a federal offense. We're talking ~$1200 in the US and ~$120 everywhere else, and insurance never covers the medicine, so while it's not unattainable financially it's a lot for a primarily aesthetic ailment.
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Mar 14, 2014 23:03
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Oddhair posted:I can't believe I never thought to ask this thread this question. A US doctor can't authorise a Mexican pharmacist to release chemicals controlled by Mexican Law. That's the answer that explains hopefully also explains how the law works. Here's what a 5 second google seach brought up: http://tijuana.usconsulate.gov/tijuana/buying_prescription_medications_in_mexico.html e: even shorter answer: yes this is a terrible illegal idea and gets you possibly locked up in Mexico
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Mar 14, 2014 23:14
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SkunkDuster posted:Would he still be considered to be attempting if he left the area before it happened? Unless he went straight to the police station to report it and prevent the crime, yes for all practical purposes.
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Mar 14, 2014 23:17
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Alchenar posted:A US doctor can't authorise a Mexican pharmacist to release chemicals controlled by Mexican Law. That's the answer that explains hopefully also explains how the law works. It seems based on that link, that since his medication is not a controlled substance, if he went to a doctor in Mexico and got a legitimate prescription for the same medication, he could legally purchase it at a Mexican pharmacy, then legally bring it back into the US by demonstrating both his US and Mexican prescriptions. Am I reading this correctly?
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Mar 14, 2014 23:30
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I ain't an expert on such things... but I think, like, a god drat jillion dollars of prescription drugs comes into the US by fedex every day. If you get a neurological condition, and aren't rich or in the army, this is the only way you stay alive. In conclusion, why in the world would you drive to Tijuana?
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Mar 15, 2014 07:27
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I hope this is the right thread to ask this question. If not, Please direct me to the right thread. We live in North Carolina. My brother works at a Pawn shop. He's had the job for just over a month and has done great thus far. Today he calls me frantic saying that he was showing a woman some rings and she stole one. The shop paid $60 for the ring but they were selling it for $700. Now his boss wants him to pay back the full $700. Boss says he can pay over time, it doesn't have to be all at once, but if he doesn't eventually pay back the full $700 the boss is going to fire him. I just keep thinking even if my brother pays just $120, that's getting back double what they paid for it. I can't believe the boss wants him to pay the full amount and won't negotiate. He can't really afford to pay much at a time, but he DEFINITELY can't afford to be fired. So should my bro bite the bullet and slowly pay the boss back? or go ahead and find a new job? If he gets fired because of this, is there a legal course he can take? I have done some googling, but I keep finding conflicting answers. Some say the boss has the right to charge and/or fire the employee, others say the boss has to eat the cost themselves.
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Mar 15, 2014 15:55
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Buggiezor posted:I hope this is the right thread to ask this question. If not, Please direct me to the right thread. If your brother cannot afford to lose his job, he almost certainly cannot afford the investment of time and money it would take to "win" against his boss here. Even if he did "win," it would probably result in his workplace becoming a very uncomfortable place for him to be. The best course of action is probably to advance the $120 idea, and if his boss won't accept that, then leave and try to find another job. IANAL.
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Mar 15, 2014 16:14
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Welcome to 'at will' employment, where what's legal and what's practical collide in a world where the Employer has literally all the power. Quick un-researched answer: there's likely no legal requirement on your friend to pay the money. But he can also be sacked at any moment anyway. Your friend needs to look for a new job.
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Mar 15, 2014 16:15
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I don't think your brother can afford to hang his long term employment aspirations on a job where he will be held responsible for the damages caused by any customer who comes in the door while he is at work. Is there something you left out? Does the boss think he stole the ring and is blaming it on the lady? Did he forget to lock it back up after showing it or fail to follow some other store protocol? If your facts are correct, I feel like the independent tort of theft would break the chain of causation for your brother's negligence( if any). Of course I doubt his boss cares about any of that.
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Mar 15, 2014 16:38
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blarzgh posted:I don't think your brother can afford to hang his long term employment aspirations on a job where he will be held responsible for the damages caused by any customer who comes in the door while he is at work. The way I understand the story he told me was that the rings are typically in a locked case, and he'd taken them out to let a lady get a better look at. He told me "I somehow didn't get all the rings back and she took one." Also I figured he'd probably get fired anyways, but he doesn't want to have to pay $700 on top of all that.
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Mar 15, 2014 16:41
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Buggiezor posted:The way I understand the story he told me was that the rings are typically in a locked case, and he'd taken them out to let a lady get a better look at. He told me "I somehow didn't get all the rings back and she took one." This all sounds awfully convenient; is your brother sure his boss isn't trying to pull a fast one on him? Because it sounds like his boss is trying to pull a fast one on him.
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Mar 15, 2014 16:51
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Thanatosian posted:IANAL, but paying the $700 probably won't protect him from being fired. It seems more like his brother has caused a massive $700 headache for his manager and his manager is just trying to get that money back (because his performance will look terrible otherwise).
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Mar 15, 2014 17:06
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woozle wuzzle posted:In conclusion, why in the world would you drive to Tijuana? Why NOT drive to Tijuana, the happiest place on earth? https://www.youtube.com/watch?v=CL7eSCu2wrk Note: OP said he lives in TX. Juarez is much closer but far less happy. Alchenar posted:Here's what a 5 second google seach brought up: http://tijuana.usconsulate.gov/tijuana/buying_prescription_medications_in_mexico.html Yeah. Read the linked-to page. Read it thrice. It shouldn't be that hard to find a Mexican doctor. Hell, there may even be doctors in El Paso who are registered with Mexico and can write scripts that are legit there. Buggiezor posted:The way I understand the story he told me was that the rings are typically in a locked case, and he'd taken them out to let a lady get a better look at. He told me "I somehow didn't get all the rings back and she took one." It's a crap situation. If he's telling the truth then he needs to find a new job because he's working for a complete rear end who is trying to rip him off. Demanding the whole $700 is BS, unless it's a negotiation skill test. Again, if he's telling the truth, then he probably has very little to fear regarding a criminal charge because the amount in question is low and the facts don't support him having the required intent to commit a crime. As for a civil charge, the pawn shop might press a claim in small claims court and hope the defendant fails to appear. They'd likely lose money if they hired a real lawyer to recover $700.
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Mar 15, 2014 23:08
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Well I'm back with an update. The boss wanted him to sign a paper agreeing to pay the $700 over time or else "hit the road" So he walked out. Fortunately the boss is not pressing the matter of the money and is just going to let it go. Honestly now he's just glad to be rid of that place even if it means being back on the job hunt. Thank you all for the great answers.
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Mar 16, 2014 00:05
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Buggiezor posted:Well I'm back with an update. The boss wanted him to sign a paper agreeing to pay the $700 over time or else "hit the road" So he walked out. Fortunately the boss is not pressing the matter of the money and is just going to let it go. Honestly now he's just glad to be rid of that place even if it means being back on the job hunt. Wow... you'd think his boss would have insurance that would pay for the stolen things. Is he trying to scam the money off his employees AND claim on the insurance?
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Mar 16, 2014 00:35
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Lobsterpillar posted:Wow... you'd think his boss would have insurance that would pay for the stolen things. Is he trying to scam the money off his employees AND claim on the insurance? That insurance is not going to cover 'so you took the valuable object out of the locked container and gave it to the person who walked off with it?'
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Mar 16, 2014 00:39
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A pawn shop owner/manager acting like a scumbag??? Some bikers said some rude things to me as I walked past them and I am utterly shocked at this behavior
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Mar 16, 2014 00:46
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NancyPants posted:A pawn shop owner/manager acting like a scumbag??? I was at a bar the other night and I couldn't believe the number of intoxicated people there.
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Mar 16, 2014 00:53
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My very loud neighbors below me haven't responded to me talking to them, complaints to their owners, or the association, so I'm now going to take to calling in noise complaints to the police. If I do it constantly (and have a valid complaint each time - they are ridiculous) will I be pissing off the cops by constantly calling them or will they just be more mad that these people won't shut up and start writing them tickets? I don't want to be that guy but they have broken things in my condo from stomping around and a bunch of us in the building are sick of how loud they are. Speaking of said broken things, how should I go about handling that? They banged into walls a few nights ago and knocked over 2 guitars that I have.
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Mar 16, 2014 16:44
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I think you're out of luck on the guitars. But for the noise complaints, you've got to build a record. As long as the complaints aren't frivolous, the police are just doing their job. They don't take kindly to people that ignore their warnings. Sick'em.
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Mar 16, 2014 18:09
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Usually in these situations you just need to move. This is why detached housing is so popular.
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Mar 16, 2014 18:11
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e:^^^^^^^^^^^^^^^ I own my condo, and the trouble tenants rent from their owners. I'm not moving, and instead we are looking through our docs to find out what we need to do to get them evicted. If it means a bunch of complaints to the board and calling the cops constantly then so be it, but there are 5 units that are sick of how loud they are. I don't need to be woken up at 2:30AM by idiots talking and yelling so loudly that I can hear one of them talking about how they got VD. woozle wuzzle posted:I think you're out of luck on the guitars. But for the noise complaints, you've got to build a record. As long as the complaints aren't frivolous, the police are just doing their job. They don't take kindly to people that ignore their warnings. Sick'em. Well drat on the guitars. I'm also seeing if my homeowner's will cover it (they specifically knew I have a bunch of guitars). I have emails to the owner of the unit dating back to October, and emails with the condo association going back to January. Noise ordinances go into effect at 11 in my town so I'll just start calling the cops after then if there is noise. And this isn't frivolous, it's so much banging (I don't understand how heavy you have to walk for the neighbor above you to hear it) it knocks stuff off of my walls and they talk and yell so loudly I can hear exactly what they are saying. It seems like a pair of just out of college kids moved into a place with young professionals/families yet are still acting like they are in college. 5 units have all agreed to call the cops on them from here on out, since the association isn't doing a thing. The poor people across the hall from them have a 6 month old. booshi fucked around with this message at 18:19 on Mar 16, 2014 |
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Mar 16, 2014 18:16
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booshi posted:My very loud neighbors below me haven't responded to me talking to them, complaints to their owners, or the association, so I'm now going to take to calling in noise complaints to the police. If I do it constantly (and have a valid complaint each time - they are ridiculous) will I be pissing off the cops by constantly calling them or will they just be more mad that these people won't shut up and start writing them tickets? Its their job, so they probably won't get too annoyed with you. Honestly though, how the cops react to that sort of thing is entirely dependent on where you live and what the police force is like there, I would think. Your city or police department should have a "noise complaint" or "nuisance report" web page that details how to go about reporting this type of thing, and whether or not you should record the noise, or take notes about dates and times. If it were me, yes absolutely I would call the cops, and I have before. But where I live, the cops have been really cool about that stuff.
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Mar 16, 2014 18:20
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blarzgh posted:Its their job, so they probably won't get too annoyed with you. Honestly though, how the cops react to that sort of thing is entirely dependent on where you live and what the police force is like there, I would think. Your city or police department should have a "noise complaint" or "nuisance report" web page that details how to go about reporting this type of thing, and whether or not you should record the noise, or take notes about dates and times. The cops here are generally cool and polite. The city has a page about it that just states "call the non-emergency number, noise complaints can be filed between 11PM and 7AM". Emails have been going around on our condo building's mailing list, with a bunch of people pissed about the noise. Luckily, the person who lives below them has been in on filing complaints, as here in MA they can't take a complaint from one person or unit as it may just be for "personal reasons". Our building manager is going to be coming in tomorrow to a ton of email. e: Just checked and the ordinances on the city's website were the old ones, as new ones were put in place to help combat college parties. I can start calling the cops at 9PM and the fines go $300, $500, then top off at $700. booshi fucked around with this message at 18:41 on Mar 16, 2014 |
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Mar 16, 2014 18:26
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Revolution in Apt. 3B
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Mar 16, 2014 18:31
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blarzgh posted:Revolution in Apt. 3B ...and they called the cops on me. Usually, when I have to do things like drilling or other louder work with tools, I go to my lab to do it so I don't bug anyone. Today I said screw it and went to town drilling some aluminum enclosures for a project. All the cops did was remind me that I can't be using power tools past 9PM. Then I went back to drilling.
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Mar 16, 2014 20:57
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booshi posted:...and they called the cops on me. Hahaha, you're going to be the one fined by the Condo Association.
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Mar 16, 2014 21:45
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booshi posted:Then I went back to drilling. Good Job! That'll teach those punks that you can be a bigger rear end in a top hat. More to the point, all those people in all those units would rather put up with the noise than risk annoying the cops? Interesting. I don't hesitate to call 'em when there's a noisy gathering in the field behind my house. For some reason, the idiots decide it's cool to blare music for the entire neighborhood to wake up and enjoy. The cops just roll in and have a ball doing drug searches. If there are a couple dozen partiers then it almost certain that at least one person is carrying. Sometimes they even get people with outstanding warrants. It happens about once every year or two. If you want to make the cops happy, listen for those loud neighbors to talk about drugs and what they have on hand. Tell the cops about it. A little probable cause and the police get to do a search. They love searches.
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Mar 16, 2014 23:56
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Devor posted:Hahaha, you're going to be the one fined by the Condo Association. Nope, my other neighbors I'm friendly with and asked if it was okay if I drilled a bit from time to time for projects I'd be working on. Then said okay and I told them to ever let me know if it's bugging them. It's intermittent. patentmagus posted:Good Job! That'll teach those punks that you can be a bigger rear end in a top hat. I had work to do and was completely in my right to do it. It was the afternoon. I honestly just wasn't sure that calling the cops every time they are being excessively loud would result in them just getting fines over and over or the cops getting annoyed with dealing with it.
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Mar 17, 2014 00:57
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Hey lawgoons, hypothetical from hell here. Let's say party A is in Barcelona, Catalunya, Spain looking to escape from a nasty marriage, the two already agreed to separate amicably however party B is dragging his feet. Won't respond to calls, email's etc. Party A was told to document ~everything~ and of course any advice given was lead off with a "get a lawyer", however finances are an issue for said lawyer getting. In this hypothetical situation is there anyway she can get some kind of help that won't force her into bankruptcy as it is looking like amicable is quickly becoming contested if only because of lack of response or contact. Hypothetically speaking there is no kids and they already are living apart as well but there is a concern party B is going to abuse the joint bank account in the interim.
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Mar 17, 2014 21:24
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Feonir posted:Hey lawgoons, hypothetical from hell here. Whatever you do, only listen to the advice of a Spanish lawyer. Or maybe a European lawgoon who knows something about it. (I'll lay 4/1 odds that poster is party "A", and 2/1 odds that poster is Party A's boyfriend-in-waiting)
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Mar 18, 2014 14:50
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Feonir posted:Hey lawgoons, hypothetical from hell here. Is party B also in Spain? Were the two parties married in Spain?
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Mar 18, 2014 16:40
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blarzgh posted:Whatever you do, only listen to the advice of a Spanish lawyer. Or maybe a European lawgoon who knows something about it. Was the plan yes, and no she and I are only friends, I am in no way involved save pestering smart lawgoons about this hypothetical thing. Thanatosian posted:Is party B also in Spain? Were the two parties married in Spain? Yes Party B was married in Spain, lives in Spain currently but is a Canadian national afaik. More or less my only advice, hypothetically of course, was of course to get a lawyer, repeated about 400 times. Thus the post, wondering if there were any Euro lawgoons who would know her best place to start to look for legal aid that wont ruin her financially.
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Mar 18, 2014 19:17
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A cursory glance shows that Spain has nationalized legal aid... so she should try that? I have no idea if they handle divorce or if they're any good. She should start by calling the equivalent of her local social services. And I dunno about Spain, but in the US it's normal to get a free consultation with an attorney (or pay a low fee, like $100). If legal aid doesn't work, she should at least speak to an attorney. The joint bank account is a giant red flag that would have me screaming if it was a US case.
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Mar 18, 2014 20:58
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