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The Dagda
Nov 22, 2005

ActusRhesus posted:

Aaaaaand. Another time my state proves its superiority. PDs by statute must be paid the same as prosecutors of equal seniority. Also determinations on expert funding and such is done by an independent commission of judges (recuse on questions in their own district) and lawyers (no PDs or prosecutors) appointed by the legislature. Same commission makes PD hiring decisions and handles other matters affecting PDs.

There is a mirror commission to handle prosecutor poo poo. Same model, different members.

Is Connecticut actually a province of Canada?


e: actually, I think there are a few states that have pay parity, right? I know California does. Weirdly, New York does not have a statutory requirement for this I'm pretty sure, though I think in practice the salaries tend to be similar.

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joat mon
Oct 15, 2009

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

terrorist ambulance posted:

Is there actual statutory presumptions re intent to traffick from just amounts of controlled substance possessed

Oklahoma's trafficking provisions are based on weight alone. Intent or lack of intent to traffic/sell/distribute isn't relevant.
Also, crack cocaine trafficking is 5 grams, powder cocaine trafficking is 28 grams

mastershakeman
Oct 28, 2008

by vyelkin

Alexeythegreat posted:

Here we have police randomly stopping people on the street, putting some drugs (in the precise amount that is necessary for it to become a criminal offense) into the person's pocket, and then go on with the conviction. Jail time guaranteed.
No, no one is safe

Sounds like way more work than just shooting them

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

joat mon posted:

Oklahoma's trafficking provisions are based on weight alone. Intent or lack of intent to traffic/sell/distribute isn't relevant.
Also, crack cocaine trafficking is 5 grams, powder cocaine trafficking is 28 grams

5 grams of crack which contains less than 2.5 grams of powder cocaine...

nutri_void
Apr 18, 2015

I shall devour your soul.
Grimey Drawer

mastershakeman posted:

Sounds like way more work than just shooting them

A policeman that uses a firearm is extremely likely to end up in jail himself. It makes no loving sense, but gun-wise Russian law enforcement is basically the polar opposite of Americans, i.e. they're terrified to ever shoot a gun.
The point of the entire operations isn't to put people away, the point is for individual policemen and prosecutors to be able to report that they have fulfilled the plan for the number of discovered crimes for a time period. If they don't have a certain number of convictions, they basically get hosed up by the higher-ups on the bureaucratic chain because "what do you mean you didn't meet the numbers, are you telling me there are no crimes?"

People randomly put away is just a minor side effect to them

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.

Alexeythegreat posted:

A policeman that uses a firearm is extremely likely to end up in jail himself. It makes no loving sense, but gun-wise Russian law enforcement is basically the polar opposite of Americans, i.e. they're terrified to ever shoot a gun.
The point of the entire operations isn't to put people away, the point is for individual policemen and prosecutors to be able to report that they have fulfilled the plan for the number of discovered crimes for a time period. If they don't have a certain number of convictions, they basically get hosed up by the higher-ups on the bureaucratic chain because "what do you mean you didn't meet the numbers, are you telling me there are no crimes?"

People randomly put away is just a minor side effect to them

So Russia is The Wire?

mastershakeman
Oct 28, 2008

by vyelkin

Look Sir Droids posted:

So Russia is The Wire?

Not without guns it isn't

yronic heroism
Oct 31, 2008

ActusRhesus posted:

Aaaaaand. Another time my state proves its superiority. PDs by statute must be paid the same as prosecutors of equal seniority. Also determinations on expert funding and such is done by an independent commission of judges (recuse on questions in their own district) and lawyers (no PDs or prosecutors) appointed by the legislature. Same commission makes PD hiring decisions and handles other matters affecting PDs.

There is a mirror commission to handle prosecutor poo poo. Same model, different members.

When you think about it PDs should really just be in it for justice and you don’t want to attract the wrong kind of people to the job by flashing too much money around, amirite?

Nice piece of fish
Jan 29, 2008

Ultra Carp
I am on fire lately. Just got done in family court this time, and it went pretty well even with the case being total dogshit. Client was ecstatic and tried to hug me and everything. Probably looking at another win, but I won't know for about a month. OC was pretty mad.

I'm gonna try riding the high from this last month for as long as I can, because I'm sure it'll come crashing down soon enough. But I have to say, it feels good that this year generally has been pretty fine compared to last year's utter slump. I get to feel competent for a little while :unsmith:

Still getting a different job though, soon as.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Interview at the legal aid office went well and they’re only interviewing three others. Pay is still sub $50k though.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Mr. Nice! posted:

5 grams of crack which contains less than 2.5 grams of powder cocaine...

Drug enforcement is pretty dumb almost anywhere I think. We don't have "with intent to distribute" as anything other than mostly a sentencing guidline, the actual statute is just possession. Or acquisition, purchase, handling, sale, transport and maybe even looking at some drugs with a slight squint. Attempted possession is also a thing. So is accessory, which is hilarious; if you know your friend has drugs and you for instance know he left it on your coffe table at your party, and you didn't report him to the police or something, accessory to possession.

And then there's the really fun poo poo. Accessory to attempted possession for instance. Does it matter that the attempt part would be an actual impossibility or an impossible sequence of events? Why no. That does not matter.

Pretty much Norway will let you get away with a lot of poo poo. But if you even loving look at drugs they are coming for you guns blazing. Like, drug charges are worse than some murder charges if there's significant quantitiy.

Oh yeah and the difference between minor possession and prison time possession is user dosages much like y'all, and it's anything above five grams for cannabis and one(!) gram of absolutely anything else.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Mr. Nice! posted:

Interview at the legal aid office went well and they’re only interviewing three others. Pay is still sub $50k though.

Did you offer them any crack or cocaine?

E: wait no sorry, same thing I always get confused about that. Six of one, half a dozen of the other etc


E2: Also Youtube just suggested this video to me, which one of you hacked me and/or is this man

https://www.youtube.com/watch?v=g1VFfVsZt7w

E3: I look at real lawyers on youtube so I don't have to be one

Nice piece of fish fucked around with this message at 15:24 on Sep 5, 2018

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider
I send a settlement offer to one of the big firms in town that says "We want to get dad a stairstep visitation schedule so he can get used to this kid, Tuesday, Thursday and Sunday 6-8."

They send back a bitchier letter that says "We want to see the kid more and Mom won't let us, we propose Tuesday, Thursday and Sunday 6-8."

I send back "Tuesday, Thursday and Sunday, 6-8. If this is acceptable, please sign and return to me."

They cross through "If this is acceptable, please sign and return to me." and then sign it.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

yronic heroism posted:

When you think about it PDs should really just be in it for justice and you don’t want to attract the wrong kind of people to the job by flashing too much money around, amirite?

Pay is less than private side.

But comes with job security, no billable hours, life/work balance, full medical, pension, and paid vacation. Pretty good deal actually. The PDs in our district are loving solid.

And no. Not Canada. Just.... an example of how things should run when you aren’t focused on “winning” at the expense of “being a decent goddamn person.”

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group
I discovered an officer who wrote the report wasn't the one who found the marijuana or paraphernalia only after I put him on the stand. This was half-day bench trial where the actual useful officer wasn't available.

It's not like I didn't talk to him. I guess I was too naive when he tells me, "Then we found it" when he really means, "Deputy X found it 5 minutes before I showed up."

Hot Dog Day #91
Jun 19, 2003

Pook, I like you. But I hope the charges were dismissed with prejudice or something.

Phil Moscowitz
Feb 19, 2007

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

CaptainScraps posted:

I send a settlement offer to one of the big firms in town that says "We want to get dad a stairstep visitation schedule so he can get used to this kid, Tuesday, Thursday and Sunday 6-8."

They send back a bitchier letter that says "We want to see the kid more and Mom won't let us, we propose Tuesday, Thursday and Sunday 6-8."

I send back "Tuesday, Thursday and Sunday, 6-8. If this is acceptable, please sign and return to me."

They cross through "If this is acceptable, please sign and return to me." and then sign it.

This is like a monty python skit

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

Hot Dog Day #91 posted:

Pook, I like you. But I hope the charges were dismissed with prejudice or something.

I had evidence logs and the evidence document that was properly filled out by the officer in court and a description of where the items were found, so I got the stuff in. Plus she also told the officer on the stand something like "I don't know why I brought that weed, I could have bought some here" (she was leaving a music festival). And the defense counsel didn't make the chain of evidence objection nor a hearsay objection about info in the evidence log about where the items were found.

The bigger problem is the motion to suppress/dismiss that was orally heard at the close of testimony. The biggest issue is her statements about ownership she made after the officers had found the stuff, they asked her to sit in the front seat of the cruiser while they wrote up the tickets. That's better than the back seat, but it's likely the judge will say it's "custodial" for Miranda purposes. Frankly, if it's up to me I don't give a poo poo about weed and a one-hitter. Even if I win I'm not gonna ask for jail, just the minimum fines.

Vox Nihili
May 28, 2008

I'm glad that these dangerous weedlords are being brought to justice.

Vox Nihili
May 28, 2008

And vitally, at least 3 lawyers are being paid to make it happen!

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group
If she had gotten a drug abuse eval (even if she didn't follow through with any recommended treatment), I would have dismissed, costs to her. I need to have something to show the officers and my boss.

There are hundreds of things I'd rather be doing, blame the state legislature.

Roger_Mudd
Jul 18, 2003

Buglord
Rule 91a practice is fun. I always pull the hearing if Plaintiff calls my bluff. I've gotten 2 non-suits out of them.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
Jesus Christ, pook. What totalitarian regime do you work in? Even our low court prosecutors wouldn’t waste their time on Ainslee Quinoa McGee and her dime bag of Coachella weed.

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

ActusRhesus posted:

Jesus Christ, pook. What totalitarian regime do you work in? Even our low court prosecutors wouldn’t waste their time on Ainslee Quinoa McGee and her dime bag of Coachella weed.

poo poo rolls downhill in the Midwest.

Also this is a weed charge in the Midwest.

That said, I learned my lesson. I've already drafted future plea offers that give Defendants numerous outs before I get forced into another pointless trial and waste a morning. Even if I'm not allowed to dismiss them outright, I'll still be able to make my own little diversionary program.

Hot Dog Day #91
Jun 19, 2003

Enforcing drug laws and impoverishing drug users is a moral wrong. Any time you prosecute a drug offense with anything other than complete dismissal you are complicit.

Hth

gvibes
Jan 18, 2010

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

CmdrSmirnoff
Oct 27, 2005
happy happy happy happy happy happy happy happy happy
I'm finishing up a sentence appeal for production; 884 weed plants. Out of curiosity, what's the tariff for that like down in the states? My dude got 3 years (mandatory minimum) but the Court of Appeal struck it down as unconstitutional so now I can ask for whatevs.

Hot Dog Day #91
Jun 19, 2003


The criminal justice system and incarceration are immoral. Being a bureaucratic cog that helps send people to prison is also immoral. Especially when it comes to drug crimes. What's unclear?

gvibes
Jan 18, 2010

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

Hot Dog Day #91 posted:

The criminal justice system and incarceration are immoral. Being a bureaucratic cog that helps send people to prison is also immoral. Especially when it comes to drug crimes. What's unclear?
Sorry, should have quoted. That was directed to pook. I agree with you.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Passed MPRE. Calling the bar tomorrow morning to find out when I can swear in.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

Mr. Nice! posted:

Passed MPRE. Calling the bar tomorrow morning to find out when I can swear in.

In Texas you can get sworn in in front of a notary

CmdrSmirnoff posted:

I'm finishing up a sentence appeal for production; 884 weed plants. Out of curiosity, what's the tariff for that like down in the states? My dude got 3 years (mandatory minimum) but the Court of Appeal struck it down as unconstitutional so now I can ask for whatevs.

In texas they weigh the plant and then charge you based on that. So a 1 pound plant counts as 1 pound of weed/bud. how much did his plants weigh
5 - 50 lbs Felony 2* - 10 years
50 - 2000 lbs Felony 2* - 20 years
More than 2000 lbs Felony 5* - 99 years

EwokEntourage fucked around with this message at 01:04 on Sep 6, 2018

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."

Hot Dog Day #91 posted:

The criminal justice system and incarceration are immoral. Being a bureaucratic cog that helps send people to prison is also immoral. Especially when it comes to drug crimes. What's unclear?

What about evicting war widows?

Vox Nihili
May 28, 2008

Hot Dog Day #91 posted:

Enforcing drug laws and impoverishing drug users is a moral wrong. Any time you prosecute a drug offense with anything other than complete dismissal you are complicit.

Hth

All true. Of course, most of us here are guilty of worse, save for a handful of the public servants and the non-profit saints.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

EwokEntourage posted:

In Texas you can get sworn in in front of a notary

Can here in FL, too. Just have to see if I have my final clearance for admission.

Hot Dog Day #91
Jun 19, 2003

nm posted:

What about evicting war widows?

Obviously I don't actually do that. When it does occur that a person's home is needed for a highway project (I don't deal with specious things like stadiums or urban renewal), they are compensated the value of their lost property and usually receive relocation payments. And then, if they show up and cry they almost always get an extra 10-20k from the tribunal.

Now, I actually think I'm morally corrupt too. I help build highways, right? Well, cars are destroying the earth. Helping their proliferation is wrong. Pouring concrete over green spaces is wrong. Moreover, since most of government has been privatized, the construction ends up letting large multinationals profit grotesquely. So I sleep very uneasily myself.

But I slept even worse when I did legal aid work. I lived each client. I would have killed myself by now if I had to continue that.

Basically, when you look at the entirety of human society, everything in America only exists because of past or modern slavery. If I were stronger I'd give away all my worldly possessions and live an ascetic life helping the impoverished. But I'm weak, and I like air conditioning.

The cognitive dissonance we all must live with is astounding.

Hot Dog Day #91
Jun 19, 2003

Oh no am I going insane

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
I like money, everything else is secondary

nutri_void
Apr 18, 2015

I shall devour your soul.
Grimey Drawer
Having something resembling money would be nice

Adar
Jul 27, 2001

I like money and my family, plus I'm nice to people IRL

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Hoshi
Jan 20, 2013

:wrongcity:

Adar posted:

I like money and my family, plus I'm nice to people IRL

Hell :same:

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