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Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

Discendo Vox posted:

Word of warning, the first and third are both claims with origins in sovcit-land, just in case you didn't know.

Yeah any talk like that around me that isn't ironic sends up major red flags and leads to immediate follow on questions.

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terrorist ambulance
Nov 5, 2009
Follow up? Noooo don't engage them

Hot Dog Day #91
Jun 19, 2003

Yeah I didn't engage. What's the point, especially when your agency may be run by people who believe the same things.

hunkrust
Sep 29, 2014
I got an MA in asking leading questions about how sexism isnt real, and regularly fail to grasp that other people have different experience than me or enjoy different things.
I also own multiple fedoras, to go with my leather dusters, and racist pin badges.

Hot Dog Day #91 posted:

My neighbors are posting on Nextdoor about how red light cameras are unconstitutional, speed bumps represent the nanny state, and driving is traveling - transportation is commercial only.

I'm literally a government transportation lawyer.

Those people always cry the hardest when you try to take away their social security and Medicare

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)

Discendo Vox posted:

Word of warning, the first and third are both claims with origins in sovcit-land, just in case you didn't know.
On the red light camera thing, I think you could make a decent argument that certain implementations are unconstitutional. A court found the Chicago red light camera system violated due process. But given the last point in particular, yeah, probably sovcit.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

gvibes posted:

On the red light camera thing, I think you could make a decent argument that certain implementations are unconstitutional. A court found the Chicago red light camera system violated due process. But given the last point in particular, yeah, probably sovcit.

Red light cameras have been found unconstitutional in Minnesota and are mostly being found wanting in California too.

HiddenReplaced
Apr 21, 2007

Yeah...
it's wanking time.

Soothing Vapors posted:

my criminal clients almost universally understand what they did wrong and peacefully accept their grim fates

fraudsters are the one exception, I will defend 100 pot growers or meth dealers before I willingly take a wire fraud case again

Where you been, bae?

Green Crayons
Apr 2, 2009
Haven't heard about this deposition before. Definitively going down as a classic.

Youtube link.

Zarkov Cortez
Aug 18, 2007

Alas, our kitten class attack ships were no match for their mighty chairs

yronic heroism posted:

Which is a little surprising because any DV prosecution is a free shot at your ex (Toona take note) paid for by the state, but I guess some folks want to preserve the family name or whatever.

Here we set most DV cases down for trial regardless of the evidence because usually the witnesses don't bother to show up.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Zarkov Cortez posted:

Here we set most DV cases down for trial regardless of the evidence because usually the witnesses don't bother to show up.

There was a DV trial here last week. The victim didn't show up. The guy was found guilty and got 55 years.

hunkrust
Sep 29, 2014
I got an MA in asking leading questions about how sexism isnt real, and regularly fail to grasp that other people have different experience than me or enjoy different things.
I also own multiple fedoras, to go with my leather dusters, and racist pin badges.

joat mon posted:

There was a DV trial here last week. The victim didn't show up. The guy was found guilty and got 55 years.

Was the evidence that substantial that they didn't even need a victim to testify?

Hot Dog Day #91
Jun 19, 2003

Was the victim dead?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

calvus posted:

Was the evidence that substantial that they didn't even need a victim to testify?

After it spilled out of the house and onto the porch and front yard, the neighbor who called 911 stayed on the line to give the play-by-play. It was still going on when the police arrived.
Defendant had two misdemeanor DV priors, a felony DV prior and a felony drug distribution prior. The offer was 4 running concurrently with the 10 he owed for the probation revocation on the distribution case.

Hot Dog Day #91 posted:

Was the victim dead?
Nope.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."
Independent witness DVs are the worst.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

nm posted:

Independent witness DVs are the worst.

"He does this all the time."

hunkrust
Sep 29, 2014
I got an MA in asking leading questions about how sexism isnt real, and regularly fail to grasp that other people have different experience than me or enjoy different things.
I also own multiple fedoras, to go with my leather dusters, and racist pin badges.

joat mon posted:

After it spilled out of the house and onto the porch and front yard, the neighbor who called 911 stayed on the line to give the play-by-play. It was still going on when the police arrived.
Defendant had two misdemeanor DV priors, a felony DV prior and a felony drug distribution prior. The offer was 4 running concurrently with the 10 he owed for the probation revocation on the distribution case.

Nope.

He sounds like w classy dude

Zarkov Cortez
Aug 18, 2007

Alas, our kitten class attack ships were no match for their mighty chairs

joat mon posted:

There was a DV trial here last week. The victim didn't show up. The guy was found guilty and got 55 years.

joat mon posted:

After it spilled out of the house and onto the porch and front yard, the neighbor who called 911 stayed on the line to give the play-by-play. It was still going on when the police arrived.
Defendant had two misdemeanor DV priors, a felony DV prior and a felony drug distribution prior. The offer was 4 running concurrently with the 10 he owed for the probation revocation on the distribution case.

I don't understand how that could be a possible sentence.

GamingHyena
Jul 25, 2003

Devil's Advocate

Zarkov Cortez posted:

I don't understand how that could be a possible sentence.

Just a guess:

Guy was on probation for distributing drugs. If he hosed up he could receive up to 10 years in prison. He violated the terms of his probation by, among other things, picking up a new offense (domestic violence). I'm also assuming that he was subject to some sort of 3 strikes rule and his range of punishment on the DV case was enhanced due to prior convictions. The offer was 4 years in prison on the DV charge to run concurrent with the 10 years in prison he'd receive on the probation violation.

Guy rejected the deal, rolled the dice at trial and lost. Got 55 years on the DV charge with his priors.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

GamingHyena posted:

Just a guess:

Guy was on probation for distributing drugs. If he hosed up he could receive up to 10 years in prison. He violated the terms of his probation by, among other things, picking up a new offense (domestic violence). I'm also assuming that he was subject to some sort of 3 strikes rule and his range of punishment on the DV case was enhanced due to prior convictions. The offer was 4 years in prison on the DV charge to run concurrent with the 10 years in prison he'd receive on the probation violation.

Guy rejected the deal, rolled the dice at trial and lost. Got 55 years on the DV charge with his priors.

Yep. First DV is a misdemeanor, second one is a felony that carries 0-4. (Defendant picked up his second misdo before he had a conviction on his first, hence two misdos)
One prior felony pushes the base 0-4 to 0-10.
A second prior felony pushes the base 0-4 to 4-life.
DA asked for 20, then asked the jury to add a zero, then to add another zero.

CmdrSmirnoff
Oct 27, 2005
happy happy happy happy happy happy happy happy happy

joat mon posted:

Yep. First DV is a misdemeanor, second one is a felony that carries 0-4. (Defendant picked up his second misdo before he had a conviction on his first, hence two misdos)
One prior felony pushes the base 0-4 to 0-10.
A second prior felony pushes the base 0-4 to 4-life.
DA asked for 20, then asked the jury to add a zero, then to add another zero.

lmao the worst non-homicide domestic I've ever dealt with up here was a decade worth of charges, including aggravated assault, and he got 3 years even with his page-long record.

GamingHyena
Jul 25, 2003

Devil's Advocate

CmdrSmirnoff posted:

lmao the worst non-homicide domestic I've ever dealt with up here was a decade worth of charges, including aggravated assault, and he got 3 years even with his page-long record.

Well enjoy your magical utopia of unenhancable charges and reasonable punishments, because it isn't that way everywhere.

In Oklahoma, your second weed charge, REGARDLESS OF THE AMOUNT, is a felony where you're looking at 2-10 years in prison. Always a fun learning experience for people from Colorado visiting the Sooner State.

In Texas, two prior prison trips means that getting involved in a dispute over an air conditioner repair bill can result in a life sentence (though to be fair, today you'd "only" be looking at 25-life instead of an automatic life sentence).

Gleri
Mar 10, 2009
When you guys talk about sentences the timescales are shocking to me. It's a completely different world. Up here the longest sentence I've personally seen on a probation violation is 9 months, and that was truly egregious.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

GamingHyena posted:


In Oklahoma, your second weed charge, REGARDLESS OF THE AMOUNT, is a felony where you're looking at 2-10 years in prison. Always a fun learning experience for people from Colorado visiting the Sooner State.

No, it's ok, OK decriminalized marijuana a couple years ago. Now, if it's been more than 10 years since your last one, it's only 0-5.

There is also a proposed ballot measure that would put to a popular vote whether or not to make all drug possession a misdemeanor with no enhancements for priors. Unfortunately, it's probably not going to get enough votes signatures to get on the ballot.

Gleri posted:

When you guys talk about sentences the timescales are shocking to me. It's a completely different world. Up here the longest sentence I've personally seen on a probation violation is 9 months, and that was truly egregious.
My "best" is LWOP for 11 grams of crack. (My guy didn't want the 9 year offer. LWOP was the only authorized punishment)
Oklahoma also has the two longest sentences in the US: 30,000 years and 20,750 years.

joat mon fucked around with this message at 04:30 on Mar 29, 2016

The Dagda
Nov 22, 2005

joat mon posted:

No, it's ok, OK decriminalized marijuana a couple years ago. Now, if it's been more than 10 years since your last one, it's only 0-5.

There is also a proposed ballot measure that would put to a popular vote whether or not to make all drug possession a misdemeanor with no enhancements for priors. Unfortunately, it's probably not going to get enough votes to get on the ballot.

My "best" is LWOP for 11 grams of crack. (My guy didn't want the 9 year offer. LWOP was the only authorized punishment)
Oklahoma also has the two longest sentences in the US: 30,000 years and 20,750 years.

Those sentences may seem grotesquely disproportionate and the stuff of a grim third world nation, but stiff sentences are why no one in the US ever uses drugs now, ever!

Hollismason
Jun 30, 2007
An alright dude.
Hey so did Alabama just put into motion a law that would make marriage a civil contract between two people and you could in fact have a weird contract with arbitration for offenses etc..

https://legiscan.com/AL/text/SB143/2016

Bills weird as poo poo. It looks to me that it has a minimum requirement ,but that additional things could be written into the civil contract like husbands duties, wifes duties etc..

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

joat mon posted:

No, it's ok, OK decriminalized marijuana a couple years ago. Now, if it's been more than 10 years since your last one, it's only 0-5.

There is also a proposed ballot measure that would put to a popular vote whether or not to make all drug possession a misdemeanor with no enhancements for priors. Unfortunately, it's probably not going to get enough votes signatures to get on the ballot.

My "best" is LWOP for 11 grams of crack. (My guy didn't want the 9 year offer. LWOP was the only authorized punishment)
Oklahoma also has the two longest sentences in the US: 30,000 years and 20,750 years.

Jesus gently caress. Even our Republicans have realized that spending $40k per year to house someone for crack, even if they are *black*, is a waste of money. Much less for the rest of someone's loving life.
I'd run the 8th Amendment argument into the ground on that bullshit, you'll lose, but there is an old rear end case from when the Philippines were part of the US that would support that argument. That is just such insane bullshit.

Tokelau All Star
Feb 23, 2008

THE TAXES! THE FINGER THING MEANS THE TAXES!

I have guys in family court looking at 48 hours jail and probation for abuse, and six months in district court for driving without a license (with a billion priors, but still).

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

nm posted:

Jesus gently caress. Even our Republicans have realized that spending $40k per year to house someone for crack, even if they are *black*, is a waste of money. Much less for the rest of someone's loving life.
I'd run the 8th Amendment argument into the ground on that bullshit, you'll lose, but there is an old rear end case from when the Philippines were part of the US that would support that argument. That is just such insane bullshit.

A few more D-appointed justices, and that'd get rid of LWOP for these petty felonies

hunkrust
Sep 29, 2014
I got an MA in asking leading questions about how sexism isnt real, and regularly fail to grasp that other people have different experience than me or enjoy different things.
I also own multiple fedoras, to go with my leather dusters, and racist pin badges.

Hollismason posted:

Hey so did Alabama just put into motion a law that would make marriage a civil contract between two people and you could in fact have a weird contract with arbitration for offenses etc..

https://legiscan.com/AL/text/SB143/2016

Bills weird as poo poo. It looks to me that it has a minimum requirement ,but that additional things could be written into the civil contract like husbands duties, wifes duties etc..

Well it could help people lay out the expectations for marriage and make divorce way easier

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider
Today was the second weirdest day of law I've ever practiced.

Dad hires me, Mom hires someone who has never done family law before. We default Mom in the initial custody order hearing because she and her attorney don't show up. We default her to "She has the kid, Dad has expanded standard visitation, he pays guideline child support." They get mad.

We send over an offer that says "Hey, keep things the way they are, and also here's a 55/45 property split in your favor."

She doesn't respond. I say "Fine, let's set a trial date." The opposing counsel refuses. I file a motion to set a trial date and finally she shows up and the judge sets a trial date, which was today.

I send over an offer (hugely proportional split in favor of mom) and they don't respond for 60 days, when they send over a counter-offer. We say "NOPE." See you in trial, suckers.


There's the background.

Trial is today. Yesterday, I get a call from OC that says "Mom wants to fire me and get new counsel."

Fine. I tell her to do an agreed motion for continuance and show her rear end up anyway because who knows what the judge is going to do.

She shows up, the judge says "Fine. But ya'll going to trial on April 11, April 25, or June 12."

The lawyer says "I want a jury trial for cruelty and adultery."

I say "You blew your deadline for that."

She says "It's your fault, we had a settlement" and launches into the history of settlement negotiations. The judge tells her to shut up.

She then says "We can do a jury trial if our trial date is in June."

The judge smiles and says "June? Did I say June? I meant April."

She says "The new lawyer want to depose his client."

I say "1) You blew that deadline; and 2) You ain't him."

The judge says "Trial on the 25th, he has until the 11th to depose your guy, go get dates from him."

Fine. We go in a conference room. We pull out a phone and OC freaks out.

"I can't do this. I can't do this."

"Why?"

"I'm having a medical emergency. I'm leaking. I have fibroids."

"FINE poo poo JUST GO DO WHAT YOU HAVE TO DO I'LL TAKE CARE OF THE REST."

I go back into the court.

"Judge, she's having a medical emergency. Just tell me to get it done by April 11th."

"Go get it done."

"I'm sorry, Judge."

"I practiced family law too, Mr. Scraps. Par for the course."

NJ Deac
Apr 6, 2006
I gave my notice to take an in-house gig on March 17th. My last day is April 1. However, the firm is extracting their pound of flesh on the way out, and I keep offering it up on a silver platter.

I have worked until 2am or later 6 of the last 11 nights, including both Easter and the night before. I don't even know why. What are they going to do, fire me? Yell at me? Tell me I won't make partner? Sure, I have a pile of work that the client wants done by the end of the fiscal year (March 31), but who cares? All of the partners in my group are on vacation since it is spring break in the local school districts. No one is here. Even if they were, they'll kiss my rear end on the way out since they want me to send them work once i'm on the other side of the fence. Why am I physically incapable of mailing it in for these last couple of days? When did I become so broken?

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
.

Discendo Vox fucked around with this message at 03:15 on Jul 13, 2021

hunkrust
Sep 29, 2014
I got an MA in asking leading questions about how sexism isnt real, and regularly fail to grasp that other people have different experience than me or enjoy different things.
I also own multiple fedoras, to go with my leather dusters, and racist pin badges.

NJ Deac posted:

I gave my notice to take an in-house gig on March 17th. My last day is April 1. However, the firm is extracting their pound of flesh on the way out, and I keep offering it up on a silver platter.

I have worked until 2am or later 6 of the last 11 nights, including both Easter and the night before. I don't even know why. What are they going to do, fire me? Yell at me? Tell me I won't make partner? Sure, I have a pile of work that the client wants done by the end of the fiscal year (March 31), but who cares? All of the partners in my group are on vacation since it is spring break in the local school districts. No one is here. Even if they were, they'll kiss my rear end on the way out since they want me to send them work once i'm on the other side of the fence. Why am I physically incapable of mailing it in for these last couple of days? When did I become so broken?

You're working way too hard at a job you're leaving soon

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

NJ Deac posted:

I gave my notice to take an in-house gig on March 17th. My last day is April 1. However, the firm is extracting their pound of flesh on the way out, and I keep offering it up on a silver platter.

I have worked until 2am or later 6 of the last 11 nights, including both Easter and the night before. I don't even know why. What are they going to do, fire me? Yell at me? Tell me I won't make partner? Sure, I have a pile of work that the client wants done by the end of the fiscal year (March 31), but who cares? All of the partners in my group are on vacation since it is spring break in the local school districts. No one is here. Even if they were, they'll kiss my rear end on the way out since they want me to send them work once i'm on the other side of the fence. Why am I physically incapable of mailing it in for these last couple of days? When did I become so broken?

Tell them you're leaking and walk out.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Fibroids will do that

Roger_Mudd
Jul 18, 2003

Buglord

CaptainScraps posted:

Tell them you're leaking and walk out.

I'm leaking is my new go-to excuse.

El_Elegante
Jul 3, 2004

by Jeffrey of YOSPOS
Biscuit Hider

Phil Moscowitz posted:

Fibroids will do that

Not by themselves, they won't. You gotta boil 'em, first.

Hot Dog Day #91
Jun 19, 2003

I'm lollin' at scraps over here, because I just rescued a case from death penalty sanctions and I'm pretty sure it made my fibroids leak too.

Uhh, what's a fibroid?

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

Hot Dog Day #91 posted:

I'm lollin' at scraps over here, because I just rescued a case from death penalty sanctions and I'm pretty sure it made my fibroids leak too.

Uhh, what's a fibroid?

Vag stuff

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Hot Dog Day #91
Jun 19, 2003

"Judge, my fibromyalgia is leaking! I'm in end stage fibromyalgia, so we'll need a continuance."

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