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For practical purposes, paying a gun shop whatever their transfer fee is to run a check would be cheaper and faster than paying a lawyer for an opinion. (Unless you're in California, anyway) Here's the actual criteria on the form you fill out, which may or may not shed any light on the situation:  
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Nov 30, 2017 22:12
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I mean, if the question is, "does this non-standard adjudication of my criminal case comport with the ever-changing Court precedent on what qualifies as a 'conviction' for federal gun regulation purposes?" My free answer would be, "Whats it worth to you to find out?"
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Nov 30, 2017 22:15
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Yep. I asked our specialist in office (like a probation agent for Registrants) and she said there is not a clear answer. Even more comedy is the Feds at NCIC calling us about it... Because, as you said, states do stuff differently. I. This case, it was a juvenile adjudication person, worried about cre in his neighborhood... It's a weird part of the job, sometimes putting people born as recently as 2004 on for life. (Hidden though from public, as juvs though).
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Nov 30, 2017 22:34
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Witnessed a guy getting rear-ended last night, and the other guy booked it. I have it on my dashcam and reported it to the Sheriff and HWP, but it doesn't look like it got reported. Since Florida has a presumption that the rear-ender is at fault and the dude fled I guess the victim's insurance wont make a fuss about it, but is there anything else I could/should do? e: Should being the main thing. Also, once the rear-ender took off the rear-endee just sort of left immediately too, wasn't a chase or anything. sleepy.eyes fucked around with this message at 19:38 on Dec 1, 2017 |
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Dec 1, 2017 19:27
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sleepy.eyes posted:Witnessed a guy getting rear-ended last night, and the other guy booked it. I have it on my dashcam and reported it to the Sheriff and HWP, but it doesn't look like it got reported. Since Florida has a presumption that the rear-ender is at fault and the dude fled I guess the victim's insurance wont make a fuss about it, but is there anything else I could/should do? Make a documentary about hunting down the rear-ender on the internet with a lot of shots of HTML code overlaying your face fillowed by a 6 minute scene of you loading guns to go take him down...WITH A VENGEANCE
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Dec 1, 2017 19:31
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You should check the internet for more information. Try rear-ended.com
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Dec 1, 2017 19:37
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blarzgh posted:You should check the internet for more information. Try rear-ended.com This sounds like a website everyone should check from their work computers, or while signed into their company's wi-fi on their mobile devices. You're a very helpful traffic lawyer.
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Dec 1, 2017 22:22
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Pussies
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Dec 1, 2017 22:27
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I'm not sure what that means, but thats all thats there.
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Dec 1, 2017 22:27
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I assume you work at cashparking (as an in house traffic counsel) and the filter picked up on your filthy porn habit at last.
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Dec 1, 2017 23:06
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FrozenVent posted:I assume you work at cashparking (as an in house traffic counsel) and the filter picked up on your filthy porn habit at last. No, I'm at home and I get that too.
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Dec 1, 2017 23:09
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CashParking sounds like a domain parking site, where they put up random ads on the page and hope idiots who typed the domain in by accident click on them.
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Dec 2, 2017 04:56
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sleepy.eyes posted:Witnessed a guy getting rear-ended last night, and the other guy booked it. I have it on my dashcam and reported it to the Sheriff and HWP, but it doesn't look like it got reported. Since Florida has a presumption that the rear-ender is at fault and the dude fled I guess the victim's insurance wont make a fuss about it, but is there anything else I could/should do? The rear-endee was drunk, high, uninsured, and/or unlicensed.
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Dec 2, 2017 07:30
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So, there’s a lot more detail behind this but here is the extreme TLDR version: I was hired at my current job supposedly as an independent contractor and am paid only on commission (ie a loving pittance for full time work). I just requested a copy of my contract that I signed at the beginning of my employment and found that it actually states that I am to be considered an employee. They did not draft a separate contract for their hourly employees and those they consider independent contractors. I signed it totally ignorant to how these things work and now I’m thinking I’m entitled to back pay. How boned am I/my employers?
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Dec 2, 2017 17:51
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What's the dollar amount difference between what you've been paid, and what you potentially should have been paid? Are we talking hundreds, or thousands? If the latter, go talk to an attorney.
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Dec 2, 2017 18:42
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blarzgh posted:What's the dollar amount difference between what you've been paid, and what you potentially should have been paid? Are we talking hundreds, or thousands? If the latter, go talk to an attorney. Thousands. I’m making a call to the DOL on Monday because I’m not sure I can afford an attorney right now. Because of the missing thousands.  Basically, I was told that I would be paid 30% commission on what is essentially piece work (I’m an Alterations seamstress) with no base pay. I’ve basically been paid sub-minimum and told it’s because I’m not working hard or fast enough, which I bought into for WAY too long. I didn’t think the contract through because I was just happy to find local work that was relevant to my field. Reading it now and comparing it to resources about what constitutes an employee vs an independent contractor, I think they could be on the hook for wage theft and tax evasion. Even if somehow they can weasel out of paying me, they are turbofucked one way or another because of all the conflicting poo poo going on in their business practices.
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Dec 2, 2017 19:16
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Over in this thread, https://forums.somethingawful.com/showthread.php?noseen=0&threadid=3747078&perpage=40&pagenumber=1396, they're discussing the news that Brock Turner is appealing his conviction, and seeking a new trial. I'm a little bit baffled. He was caught by multiple people finger-banging an unconscious woman, who, even when she woke up hours later, was severely impaired by alcohol. After being convicted, he was punished so lightly it outraged basically an entire nation, and landed him as the actual, literal face of rape in a criminal-justice textbook. What is the strategy? What outcome are he and his counsel hoping for? Are they hoping the prosecutor just won't bother going back to trial? What is the "win" scenario for Turner in this?
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Dec 3, 2017 04:27
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quote:Turner filed a 172-page brief Friday arguing that the prosecutor incorrectly told jurors during the trial that the sexual assault happened behind a dumpster ... In his appeal, Turner argued that contrary to what Deputy District Attorney Alaleh Kianerci repeatedly told jurors, the sexual assault happened near a three-sided trash bin, but not behind it Amazing. To give a non-legal answer to your question as to why this is happening, just watch any interview with that guy's dad. He is a walking talking example of how to 1) be a sociopath and 2) raise a tiny minime sociopath.
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Dec 3, 2017 04:39
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Correct me if I'm wrong, but an appeal can only overturn or uphold the previous sentence, so worst case is burning a bunch of money and time for nothing, and best case is the conviction gets overturned. It's not like he's opening himself up to a new judge/jury waffle stomping him with the statutory maximum or something. I mean, I didn't really follow the trial, but is he a felon now? Getting out from under THAT is worth absolutely whatever amount of money he(his parents?) have to throw at it. E: Googled; Felon AND sex offender. Yeah, that's worth a $lawyer swat at getting clear of. Javid fucked around with this message at 05:26 on Dec 3, 2017 |
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Dec 3, 2017 05:18
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Javid posted:Correct me if I'm wrong, but an appeal can only overturn or uphold the previous sentence, so worst case is burning a bunch of money and time for nothing, and best case is the conviction gets overturned. It's not like he's opening himself up to a new judge/jury waffle stomping him with the statutory maximum or something. And yeah, he can't get any worse than he got.
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Dec 3, 2017 05:24
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Yeah, both of those statuses are deep enough poo poo that even a spoiled rich kid will be negatively affected for life. Him NOT appealing it would be more newsworthy.
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Dec 3, 2017 05:30
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nm posted:A felon and a sex offender. Absolutely worth it from a selfish perspective. But if he'd had like delayed adjudication or a suspended sentence (do I have the terms correct?), if he were being a little bag of piss, could that give the court incentive to start going over his life with a fine-toothed comb to see if he'd violated the terms of the sentencing? Would a prosecutor have to do that?
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Dec 3, 2017 05:42
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Javid posted:Yeah, both of those statuses are deep enough poo poo that even a spoiled rich kid will be negatively affected for life. Him NOT appealing it would be more newsworthy. When I was a PD, I filed an appeal (the paperwork, a second attorney would be appointed to actually file the brief) on any case I lost unless the client asked me not to, in writing. To not do so is basically malpractice. nm fucked around with this message at 05:45 on Dec 3, 2017 |
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Dec 3, 2017 05:42
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nm posted:A felon and a sex offender. Absolutely worth it from a selfish perspective. He's specifically asking for a new trial though.
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Dec 3, 2017 05:42
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That's the text of the article, not a quote. I don't think you can ask for a whole new trial from scratch like that. I mean, you can ASK, but I don't think it's an available remedy. You'd be dragging witnesses back and poo poo. An appeal (iirc) doesn't challenge issues of fact, just procedure, ie "the judge incorrectly considered X thing"
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Dec 3, 2017 05:46
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Unload My Head posted:He's specifically asking for a new trial though. Yeah, that's what you get when you win an appeal. With some very, very rare exceptions, an appeal is not going to result in your case going away, you just get a new trial.
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Dec 3, 2017 05:46
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Welp. So does that mean him going to actual jail is on the table if this succeeds?
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Dec 3, 2017 05:51
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Javid posted:Welp. No. If he loses at the trial, he can't be sentenced to anything worse.
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Dec 3, 2017 05:56
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If he's granted the new trial, it signals to the prosecution that they'll beed a little more to convict him next time; if they don't have anything else, it may deter future attempts to convict, or incentivize some alternative adjudication where he doesn't end up on The List.
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Dec 3, 2017 09:05
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nm posted:No. If he loses at the trial, he can't be sentenced to anything worse. Wow. Having your sentence capped, even after a successful appeal is amazing. It's certainly not that way in other places. There's no sense whatsoever in not appealing.
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Dec 3, 2017 13:24
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The way it works in the UK is that if you appeal your sentence/conviction then you stay in prison but the timer on your sentence stops ticking until the appeal is heard.
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Dec 3, 2017 14:08
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blarzgh posted:If he's granted the new trial, it signals to the prosecution that they'll beed a little more to convict him next time; if they don't have anything else, it may deter future attempts to convict, or incentivize some alternative adjudication where he doesn't end up on The List. I posted this in the other thread, but the two guys that saw the rape and ran him down were foreign exchange students from Sweden. If he gets a new trial and they're back in Sweden, does that basically mean he gets off since the main eyewitnesses aren't around to testify?
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Dec 3, 2017 14:51
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It's not like they can't come back to testify. In a high profile case, they'd probably be flown in. He won't get a new trial though. Joat mon, NM, what do you think?
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Dec 3, 2017 15:24
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the overwhelming majority of appeals get denied.
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Dec 3, 2017 15:49
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Criminals have an automatic right to appeal. Ultimately if the difference in what was given to the jury between was should have been given to the jury would not have affected the outcome the appeal will be denied. Also, statements of attorneys, including those made during closing are not evidence, arguing that will get you precisely nowhere.
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Dec 3, 2017 17:27
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How do defense attorneys handle defending people who are murderers or rapists? I'm sure that "getting paid" is a good incentive but I mean how do you sleep at night in defending somebody like that? I'm sure there are cases where the murder is in question but what do you do if there's video evidence or an admission of guilt. Also watching courtroom outburst compilations is very entertaining.
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Dec 3, 2017 19:04
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Vargatron posted:How do defense attorneys handle defending people who are murderers or rapists? I'm sure that "getting paid" is a good incentive but I mean how do you sleep at night in defending somebody like that? Ahh, you've mistakenly assumed that lawyers are people.
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Dec 3, 2017 19:08
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IMO you’re not defending only the person, but also the justice system. (Also, confessions aren’t always reliable.)
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Dec 3, 2017 19:14
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Vargatron posted:How do defense attorneys handle defending people who are murderers or rapists? I'm sure that "getting paid" is a good incentive but I mean how do you sleep at night in defending somebody like that? Subjugating your moral code to the justice system. Typically at that point you’re dealing with plea bargains, but these people need representation when Uncle Sam comes knocking wanting to jail or put a citizen to death. The real question is how can corporate defense attorneys sleep. They aren’t defending any noble purpose, just representing price of poo poo companies who do lovely things to people.
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Dec 3, 2017 19:58
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Vargatron posted:How do defense attorneys handle defending people who are murderers or rapists? I'm sure that "getting paid" is a good incentive but I mean how do you sleep at night in defending somebody like that? The guilty and the accused are the front line for the innocent in the war against INJUSTICE.
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Dec 3, 2017 21:08
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