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Andy Dufresne posted:I have a family member who was on probation for a class III or IIIA felony in Omaha, NE (domestic violence). He was caught violating probation at least twice, including having a beer can on the coffee table and having contact with the victim, but he hadn't yet had a court date for the violations. His original conviction was up to 5 years, and after his first violation his PD said he would probably get 1 year if he did everything right (he didn't). Now, he cut off his ankle bracelet and he's a fugitive. Googling reveals that a class IIIA carries up to 5 and a class III carries up to 20. If his probation is revoked he can serve up to the maximum for the offense in prison. Whether he'd get less and how that amount would be determined I expect will be dependent on the local jurisdiction, local judge, local DA, local defense counsel and your relative's circumstances. His PD will have a better idea than anyone else here. From what you wrote, I don't see any new charges, though NE's escape statute might consider cutting off the monitor as an escape. Whether it is, and whether he would be charged seems unlikely though. joat mon fucked around with this message at 05:19 on Feb 22, 2016 |
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Feb 22, 2016 05:14
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Jack Gladney posted:Legit working on it. I might even sell my soul soon for $100k a year like my friend who was an ethicist but now helps make drones. Ooh, I'm an ethicist trapped in academia- can I get in on that?
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Feb 22, 2016 09:04
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What the poo poo did he use to cut off an ankle bracelet? I thought those things were pretty hard to remove.
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Feb 22, 2016 10:32
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Cowslips Warren posted:What the poo poo did he use to cut off an ankle bracelet? I thought those things were pretty hard to remove. He's a mechanic so there was a garage full of tools at his disposal. He removed a cast on his own a while back too.
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Feb 22, 2016 13:31
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Discendo Vox posted:Ooh, I'm an ethicist trapped in academia- can I get in on that? Do you have some experience with programming? Are you comfortable socializing with engineers? Don't mind working for defense contractors programming murder machines? It's a growth field.
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Feb 22, 2016 14:17
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You sound like the life of the party.
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Feb 22, 2016 16:47
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Jack Gladney posted:Do you have some experience with programming? Are you comfortable socializing with engineers? Don't mind working for defense contractors programming murder machines? It's a growth field. I bet he voted Obama too. lol
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Feb 22, 2016 16:51
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spacetoaster posted:I bet he voted Obama too. lol He says that he can't justify his work itself, but his wife is a social worker and he has a small child and he loves them and needs to make their lives better in order to live with himself. It's a good argument and I wouldn't challenge him on that. My poverty is an indulgence because nobody depends on or expects anything from me.
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Feb 22, 2016 17:59
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Jack Gladney posted:He says that he can't justify his work itself, but his wife is a social worker and he has a small child and he loves them and needs to make their lives better in order to live with himself. It's a good argument and I wouldn't challenge him on that. My poverty is an indulgence because nobody depends on or expects anything from me. I'll program death machines. I have flexible moral character. Gonna need to be a bit more than $100k though especially if a move is required. Defense contractors make money hand over fist the should be able to afford more.
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Feb 22, 2016 18:20
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Jack Gladney posted:He says that he can't justify his work itself, but his wife is a social worker and he has a small child and he loves them and needs to make their lives better in order to live with himself. 
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Feb 22, 2016 18:30
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At least it's not collections.
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Feb 22, 2016 18:32
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MonkeyBot posted:I'll program death machines. I have flexible moral character. Gonna need to be a bit more than $100k though especially if a move is required. Defense contractors make money hand over fist the should be able to afford more. A lot of Ph.D.s also escape away into consulting, helping big corporations figure out how to save money on labor by taking away the dental plan and switching everybody to part time and soforth.
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Feb 22, 2016 19:31
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Dental...plan.... Jack: go to law school.
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Feb 22, 2016 20:22
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Cowslips Warren posted:What the poo poo did he use to cut off an ankle bracelet? I thought those things were pretty hard to remove. All you need is time and determination. Decent tools help.
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Feb 22, 2016 20:25
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Six more years of school just to arrive at the brink of another overcrowded profession full of big egos and esoteric rituals? I'll think about it. Literally just got the Ph.D. like two months ago.
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Feb 22, 2016 20:27
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Jack Gladney posted:Six more years of school just to arrive at the brink of another overcrowded profession full of big egos and esoteric rituals? don't go, you'll die alone just like the regulars in this thread. hth
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Feb 22, 2016 20:29
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Jack Gladney posted:Six more years of school just to arrive at the brink of another overcrowded profession full of big egos and esoteric rituals? But don't do it. You'll spend six figures to work 80-hour weeks making not that much more than you could with an undergrad degree.
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Feb 22, 2016 20:38
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Sounds just like teaching, except instead of going into debt I merely lost 7 years of income.
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Feb 22, 2016 20:42
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Oh you were a grad student when you got over paid. You're lucky they didn't hold your degree. My wife went into administration after her phd. It's 9-5, she earns less than faculty but more than adjunct, and she doesn't work nights/weekends or worry about publishing. Academia is loving criminal the way they treat employees/graduate students.
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Feb 22, 2016 21:00
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Based on everything I hear about ph.ds, everyone should get ph.ds in entomology instead of whatever you did get it in. My mom's (well regarded) department seens hard up for tenture track people, plus there are a bunch of other govt jobs. Or you can sell you soul for big bux at monsanto. Though this would all change if 20 more people became ph.d candidates at top level schools, so maybe don't. But really don't go to law school.
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Feb 22, 2016 21:36
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Jack Gladney posted:Do you have some experience with programming? Are you comfortable socializing with engineers? Don't mind working for defense contractors programming murder machines? It's a growth field. I'm still in the PhD program, sadly- otherwise I'd be qualified, with limited programming experience. Justifying murder is actually one of my specialties!
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Feb 22, 2016 23:35
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I think this Kesha thing has me wondering about relief for broken contracts. Generally, your relief is limited to what you would have had if the contract had been upheld, right? So if someone doesn't do what you paid them for, you sue them and demand what, your money back or that they do what you paid them to do? What about negotiated settlements that involve an NDA or paying less than what is owed? If someone takes the payment but doesn't stick to the terms, what generally happens?
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Feb 25, 2016 03:31
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NancyPants posted:I think this Kesha thing has me wondering about relief for broken contracts. Generally, your relief is limited to what you would have had if the contract had been upheld, right? So if someone doesn't do what you paid them for, you sue them and demand what, your money back or that they do what you paid them to do? Yes. You can ask for both, although "do what you paid them to do" (commonly known as specific performance) is more limited under US law to cases where money is not good enough to compensate the non-breaching party (such as in a contract to sell specific land). NancyPants posted:What about negotiated settlements that involve an NDA or paying less than what is owed? If someone takes the payment but doesn't stick to the terms, what generally happens? 2 options depending on how things worked out. Either file a motion for contempt of court for violating the court-entered settlement agreement, or file a new breach of contract action.
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Feb 25, 2016 05:01
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ulmont posted:file a motion for contempt of court for violating the court-entered settlement agreement That's kind of interesting; in some jurisdictions that would essentially turn a civil matter into a criminal matter, no? Where else do you see that mechanism besides court-ordered fines and the like?
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Feb 25, 2016 07:37
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NancyPants posted:That's kind of interesting; in some jurisdictions that would essentially turn a civil matter into a criminal matter, no? Where else do you see that mechanism besides court-ordered fines and the like? No, contempt is a ministerial thing. It stays in the same Court with the same judge. Also, a settlement agreement and an NDA are contracts too, so failure to uphold their terms would be another breach, and another lawsuit.
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Feb 25, 2016 13:41
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blarzgh posted:No, contempt is a ministerial thing. It stays in the same Court with the same judge. But doesn't criminal contempt of court exist if you just blatantly disregard the ruling of the court? I understand it doesn't change the initial matter.
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Feb 25, 2016 16:49
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NancyPants posted:I think this Kesha thing has me wondering about relief for broken contracts. Generally, your relief is limited to what you would have had if the contract had been upheld, right? So if someone doesn't do what you paid them for, you sue them and demand what, your money back or that they do what you paid them to do? The whole kesha thing is stupid because the media reports a denial of a stay as if she lost the case. The case hasn't even started.
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Feb 25, 2016 17:21
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nm posted:The whole kesha thing is stupid because the media reports a denial of a stay as if she lost the case. The case hasn't even started. It's kind of the same thing. The case will take years and during that time she will have to adhere to the contract. Assuming this is the peak of her career (and it probably is) then by the time the case gets resolved the damage will have been done.
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Feb 25, 2016 19:29
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Ur Getting Fatter posted:It's kind of the same thing. The case will take years and during that time she will have to adhere to the contract. Assuming this is the peak of her career (and it probably is) then by the time the case gets resolved the damage will have been done. Those are basically never granted because the burden is very, very high.
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Feb 25, 2016 19:44
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NancyPants posted:But doesn't criminal contempt of court exist if you just blatantly disregard the ruling of the court? I understand it doesn't change the initial matter. I don't know what "criminal contempt of court" is, or if it's a thing. A violation of a penal statute is a crime. I'm not aware of a penal code section that makes contempt of court a crime. Contempt of Court is a finding by a civil court judge, under the rules of civil procedure, and enforceable by the same via sanctions. Sanctions for contempt can be fines, injunction, or sequestration (throw yo rear end in jail till you get to mind right.)
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Feb 25, 2016 20:17
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Is there any limit on how long sequestration can last if the mind is never right? Anyone ever stayed there for life?
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Feb 25, 2016 20:30
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blarzgh posted:I don't know what "criminal contempt of court" is, or if it's a thing. Contempt can be criminal in California at least. Penal code 166 is one of several sections that punish contempt. Pc 166 is a misdo except in some circumstances.
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Feb 25, 2016 20:47
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nm posted:Contempt can be criminal in California at least. Penal code 166 is one of several sections that punish contempt. Pc 166 is a misdo except in some circumstances. Same in Georgia. If you are being fined or whatever *until you comply* then that's civil contempt. If you are just being fined or thrown in jail for contempt, that's criminal ($500 fine and 20 days in jail in Georgia, normally).
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Feb 25, 2016 20:56
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In Louisiana the two are distinguished as "direct" and "constructive." With direct contempt being something done in the presence of the court like fighting in the courtroom or insulting the judge, or failure to comply with a subpoena. The court can summarily find someone guilty and sentence them without any trial or other due process. Constructive contempt is broader and includes things like refusing to comply with a court order or judgment, abuse of process, or improper contact with the jury. It requires due process and a trial. The judge can then impose a sentence or jail the person until they comply, if the contempt is ongoing.
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Feb 25, 2016 20:57
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In Texas, I deal only with Civil contempt. Our rules of civil procedure require only a finding by the Court, and a written ruling, as far as I know. 99 times out of 100, our contempt sanctions are $$.
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Feb 25, 2016 21:58
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Phil Moscowitz posted:In Louisiana the two are distinguished as "direct" and "constructive." With direct contempt being something done in the presence of the court like fighting in the courtroom or insulting the judge, or failure to comply with a subpoena. The court can summarily find someone guilty and sentence them without any trial or other due process. Oklahoma has the same, called "direct" and "indirect" contempt. They are both found in the criminal code. (Which isn't determinative. Contempt is quasi-criminal.) NancyPants posted:But doesn't criminal contempt of court exist if you just blatantly disregard the ruling of the court? Blatant (i.e., open) disregard of a ruling would be indirect contempt, unless the ruling was pertaining to the judge keeping order in the courtroom - like ordering you to sit down or to be quiet - then it would be direct contempt. doverhog posted:Is there any limit on how long sequestration can last if the mind is never right? Anyone ever stayed there for life? 14 years is the record. Not sure what you mean by 'mind is never right.'
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Feb 25, 2016 23:10
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Neat to see how it works in different places.
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Feb 26, 2016 01:22
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I have what I expect is probably an easy one. I live in Houston, just bought a brand new car Saturday (possibly irrelevant) and today I was on the freeway and saw a rock bouncing towards me from a cement truck in the adjacent lane and a few car lengths ahead of me. It bounced twice then I heard a thunk, but the trajectory made me think it had hit somewhere other than a body panel, like the undercarriage or the inside of the wheel well. I couldn't really stop, being on the far left lane of a major freeway at 3:00 in the afternoon, so I headed back to the office. At the end of the work day I figured out that it had actually glanced off my A pillar and left a bit of a ding in the surface of the paint. I've got a dash cam, and will be able to see the stone bouncing near me, not sure if the path the stone took from the truck will be clear, but do I even have much of a leg to stand on? I can post the clip if needed, figured I'd ask first. I've been searching, but I keep finding arguments in the form of threads, sorted independently by state. Oddhair fucked around with this message at 03:33 on Feb 26, 2016 |
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Feb 26, 2016 03:28
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Oddhair posted:I have what I expect is probably an easy one. Suing someone for chipped paint sounds like a really good idea!
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Feb 26, 2016 03:39
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Yeah that's a "poo poo happens" situation. The cost you'd expend in winning and collecting aren't worth it. Probably not worth the insurance claim either.
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Feb 26, 2016 03:48
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