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Phil Moscowitz posted:Yeah you need a lawyer, dude. Too many local specifics. Yeah I figured it'd come to that. To me it looks like it could be argued either way. So far there is no dispute but I think it's going to get lovely. Thanks to those who replied, though.
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Nov 9, 2021 16:18
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Phil Moscowitz posted:Go do jury duty you rear end This. Also, I recently did jury duty in Orange county and it was fine. Masks and distancing were everywhere. While it was a lot of waiting, the process was pretty interesting and as others have said, reasonable people falling on that sword is what keeps justice at least slightly less lovely
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Nov 9, 2021 19:55
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blarzgh posted:You then get a different kind of summons, lol
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Nov 9, 2021 20:58
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I forgot about mine in King County (WA) and there was not a lot of sign of jackbooted thugs or anything like that. Now, most of the thugs have left their jackboots on the stairs of the capitol and they were nigh instantly repurposed for community aid, but even so.
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Nov 9, 2021 21:41
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I got a notice for jury duty in my town of residence while I was stationed in the military halfway across the country. I called and told them I'd be happy to show up if they were willing to pay me mileage. She just laughed and dismissed me.
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Nov 10, 2021 00:30
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My car took a poo poo the morning of day 1, I called them and they were like "whatever show up tomorrow if you can" and then they seated everybody they needed so there was no tomorrow to show up to 11/10 would do my civic duty again e: being potential juror 394/400 probably helped a lot
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Nov 10, 2021 00:41
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I was pretty excited about jury duty except I had moved across the county and they still wanted me to show up at that same courthouse which was a bit of a drive. Then the case was about child abuse which has got to be about the worst trial possible. They filled the jury when I was literally the next potential juror.
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Nov 10, 2021 00:56
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FAT BATMAN posted:If a relative gets arrested in another state and charged with a felony, and they call you and you need to help them lawyer up, is there a good way to go about finding a criminal defense attorney that fits their case and budget? Is it just a matter of contacting someone at the local bar association and getting a referral? What state? Large metropolitan area, or boondocks? Felony or misdemeanor?
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Nov 10, 2021 02:38
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FAT BATMAN posted:If a relative gets arrested in another state and charged with a felony, and they call you and you need to help them lawyer up, is there a good way to go about finding a criminal defense attorney that fits their case and budget? Is it just a matter of contacting someone at the local bar association and getting a referral? Call a family law firm in the town they got arrested in, and ask the family law firm for a criminal lawyer referral. We all know who to refer people to for stuff we don't do.
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Nov 10, 2021 03:28
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Does the attorney recommend another attorney apply to related professions as well? Would an estate/real estate attorney likely have a good recommendation for a CPA/CFP?
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Nov 10, 2021 22:13
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toplitzin posted:Does the attorney recommend another attorney apply to related professions as well? Probably. I am and I do.
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Nov 10, 2021 22:27
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Phil Moscowitz posted:Yeah you need a lawyer dog. Too many local specifics.
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Nov 11, 2021 02:52
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Hello, How does one go about collecting a debt owed from the estate of a recently deceased person in Missouri? Asking for several former writers.
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Nov 11, 2021 04:07
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Hot Dog Day #91 posted:Hello, Did the debts belong to the person who passed away, or did they belong to his website? Also important, how many years ago were the front page articles written? You will also need to survive a "There's a front page?" motion, so be prepared.
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Nov 11, 2021 04:13
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Devor posted:Did the debts belong to the person who passed away, or did they belong to his website? is lowtax dead? Edit: oh gently caress lol
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Nov 11, 2021 04:17
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Canine Blues Arooo posted:This. They included a letter saying we're not doing anything to prevent covid spread beyond saying you have to wear something over your face (which I'm real sure will be strictly enforced against the dicknosers by the two courthouse workers in the jury room with 100+ people in it). Distancing? nope. Capacity limitations? lmao, the health dept says we don't have to! Come sit in the windowless air conditioned room for six hours, it will be fine does anyone with experience in the la courthouses know if they're going to give me grief for using a half mask respirator?
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Nov 11, 2021 07:20
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Hot Dog Day #91 posted:Hello, Lmao
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Nov 11, 2021 09:15
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Hot Dog Day #91 posted:Hello, file a legal claim against the ghost
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Nov 11, 2021 09:57
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tom kite posted:does anyone with experience in the la courthouses know if they're going to give me grief for using a half mask respirator? The Breaking Bad style respirators? They look cooler, but they look that way because of filters for dealing with chemical vapors. They really won't do anything extra against virus particles that a properly fitted N95 won't do. In either case the quality of the seal around your face is the limiting factor. Get an N95 and look up how to do a proper fit test if you don't know already. You'll be fine.
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Nov 11, 2021 14:01
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Hot Dog Day #91 posted:Hello, you groom several of the writers for years, abuse them, force them to flee to a shelter, wait 2 years and eventually a judge will rule in your favor, hth.
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Nov 11, 2021 16:28
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My parents owned a house, and when they divorced they remained living together. They each owned half of the house. My mom died a few years ago, and since she had no will, her half of the house was split between my sister and I, so I now own a quarter of the house. My dad still lives there and owns the other half. I don't want anything to do with the house. What are the paths we can take to extract my portion of the money? I don't want to sue my sister or anything, and my dad isn't going to sell it any time soon. I assume I could convince my dad or sister to take out a loan to pay me and I sign my portion over to them, but I don't really know how that would work or what other options there are. My relationship with my sister is nonexistent, and the one with my dad is aggressively strained (as in, I only maintain any contact with him because I want half of his portion of the house) Sandwich Anarchist fucked around with this message at 14:42 on Nov 12, 2021 |
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Nov 12, 2021 14:36
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Sandwich Anarchist posted:I don't want anything to do with the house. What are the paths we can take to extract my portion of the money? I don't want to sue my sister or anything, and my dad isn't going to sell it any time soon. I assume I could convince my dad or sister to take out a loan to pay me and I sign my portion over to them, but I don't really know how that would work or what other options there are. You'd need to talk to a local lawyer to have appropriate papers worked out for any path forward, and this is not legal advice for you situation, but in a general sense the options when a person has partial ownership of real property are: 1. (Assuming no one is cooperating) Go to court, force a sale of the house (partition) at auction, each owner gets their share of the proceeds. 2. (Assuming at least one other owner is cooperating) An owner can sell their share to another owner. How they value the share is up to them. 3. (Assuming no one is really cooperating but an owner doesn't want to be the one filing the lawsuit) An owner can sell their share to a third party who then immediately goes to court per option 1. 4. (Assuming everyone is cooperating) Fix up / spruce up the house as appropriate to sell for maximum value, sell house, split proceeds per ownership. Only in option 4 would I expect the owner to receive full market value for their share; only options 1 and 3 can be done without cooperation by other owners.
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Nov 12, 2021 14:53
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If I buy the quarter share of OPs house do I get to move in?
Harold Fjord fucked around with this message at 15:17 on Nov 12, 2021 |
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Nov 12, 2021 14:57
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ulmont posted:You'd need to talk to a local lawyer to have appropriate papers worked out for any path forward, and this is not legal advice for you situation, but in a general sense the options when a person has partial ownership of real property are: Incredibly helpful, thank you!
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Nov 12, 2021 15:08
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Sandwich Anarchist posted:My parents owned a house, and when they divorced they remained living together. They each owned half of the house. My mom died a few years ago, and since she had no will, her half of the house was split between my sister and I, so I now own a quarter of the house. My dad still lives there and owns the other half. Did you actually get a quarter share deeded to you through the administrator of your moms estate Or did the deed language say something else
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Nov 12, 2021 17:04
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Your instinct that your family should buy you out is probably correct, I don’t know the specifics it might be all hosed up You will need a lawyer. Don’t do this yourself
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Nov 12, 2021 17:04
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In hindsight the buy out (if possible ) should have happened during the estate administration Alas
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Nov 12, 2021 17:06
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euphronius posted:Did you actually get a quarter share deeded to you through the administrator of your moms estate I have a quarter share deed yeah, had to sign all the paperwork with the lawyer and he checked records for leins and all that.
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Nov 12, 2021 18:47
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Harold Fjord posted:If I buy the quarter share of OPs house do I get to move in? I'm still curious about this. Also I have a genuine criminal question that's obviously inspired by current events. Do judicial dismissals with prejudice stand even in instances of a blatantly corrupt judge? Is there no recourse?
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Nov 12, 2021 20:16
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Harold Fjord posted:I'm still curious about this. Also I have a genuine criminal question that's obviously inspired by current events. Do judicial dismissals with prejudice stand even in instances of a blatantly corrupt judge? Is there no recourse? I do recall the cop whose trial was neatly sidestepped with "oh whoopsy daisy the prosecution SOMEHOW leveled the wrong charge against him, welp guess he's free now double jeopardy and all that"
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Nov 12, 2021 20:19
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Harold Fjord posted:I'm still curious about this. Also I have a genuine criminal question that's obviously inspired by current events. Do judicial dismissals with prejudice stand even in instances of a blatantly corrupt judge? Is there no recourse? To give you a completely uninformed legal opinion: generally, things that cut in favor of the criminal defendant are not going to be appealable. There's really great policy reasons for this, even if it's sometimes unsatisfying. A judge's corruption is usually a feature not a bug in States with elected judges. But i don't know the particulars of what the prosecution can appeal. That said, the most prominent judge in the nation right now presiding over a well publicized trial doesn't seem to be corrupt so much as incompetent. And baby, if you think this is bad, you should see what goes on in the normal cases.
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Nov 12, 2021 20:43
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In very limited cases, criminal poo poo in favor of the defendant can be appealed before the verdict and everything can be put on hold. This very rarely happens mid-jury trial.
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Nov 12, 2021 21:15
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Hot Dog Day #91 posted:To give you a completely uninformed legal opinion don't be too offended by this, OP, that's what he gives to his clients too.
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Nov 12, 2021 23:27
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Harold Fjord posted:I'm still curious about this. Also I have a genuine criminal question that's obviously inspired by current events. Do judicial dismissals with prejudice stand even in instances of a blatantly corrupt judge? Is there no recourse? "Judicial dismissals" could mean a couple of things. Dismissal prior to trial is usually correctable. For instance, if a prosecutor fucks up a grand jury presentation by presenting some hearsay or something, the judge can dismiss the indictment. That usually results in the prosecutor simply re-indicting having fixed the problem. That happens all the time. Or (in my state) the prosecutor can appeal that kind of decision and the court of appeals can decide to hear the appeal or not. Every now and again a dismissal prior to trial will accompany a suppression of evidence. Say the police collect evidence in blatantly unconstitutional manner (as opposed to a regularly unconstitutional manner). That may result in both the suppression of the evidence and dismissal of the charge. That is super rare. This would not be appealable. In the event that a judge suppresses a bunch of evidence, that acts as a de facto dismissal. Say a judge rules that a traffic stop was unconstitutional, and suppresses everything collected as evidence following the stop. If a prosecutor suddenly had no evidence with which to prosecute the defendant for DUI, then the prosecutor would dismiss the DUI. While not necessarily common, that was common enough to not raise anyone's ire when it happened. The suppression of evidence would be appealable, again if the court of appeals wants to hear the appeal they can, but most of the time they don't and the case gets dismissed. What you're talking about, I think, is a dismissal in the middle of trial. The moment a jury is sworn in, jeopardy attaches. Things like "corrupt" judges don't exist in any great number (Alito, Kavanaugh, and elected judges from Alabama being the exception), but there are plenty of moron judges. But regardless of whether a judge is corrupt or just a moron, jeopardy has attached with a sworn jury. At that point, if a judge dismisses a charge, the it's dismissed with jeopardy attached. This happened to me twice in my decade as a prosecutor. Once I charged the wrong charge (subsection (b)(2)(ii) instead of (b)(2)(iii)), and another time I had a witness just gently caress off and not show up. In both of those instances, the dismissed charge was not the main charge or even a particularly important charge out of a dozen crimes the defendants committed. When that happens, the dismissal acts just the same as an acquittal. This typically happens after a defendant makes "motion for judgement of acquittal," and almost always occurs right after the prosecution is done with its case. The defendant will argue that the prosecutor totally whiffed an element of the offense and the judge should not submit the charge to the jury. This motion happens in literally every single case - it's considered ineffective assistance of counsel not to make that motion in my state. The judge agreeing, granting the motion, and dismissing one or all counts is exceptionally rare, and cannot be appealed. A mistrial is different than a dismissal. A mistrial might happen for lots of reasons. If a prosecutor causes a mistrial, then typically jeopardy has attached. This might happen if the prosecutor engages in misconduct like commenting on the defendant's right to remain silent, or admits inadmissible evidence contrary to the judge's order. The Rittenhouse prosecutor came real close to both of those things. A mistrial may be an act of god - an earthquake could level the courthouse. In that instance jeopardy has not attached and the trial just gets rescheduled. Sometimes a mistrial is requested by the defendant. Say a complete surprise happens in the middle of trial that causes the defense some big headache. They can ask the judge for a mistrial to cure the embarrassment or the surprise by restarting the trial. In that instance also, jeopardy has not attached. Importantly in the mistrial context, the charges were not "dismissed." Granting a mistrial cannot be appealed, because the jury has all gone home. Denying a request for a mistrial can be appealed by the defendant. The decision that the mistrial was caused by the defendant as opposed to the prosecution can be appealed - assuming the defendant is ultimately convicted by the jury. BigHead fucked around with this message at 00:30 on Nov 13, 2021 |
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Nov 13, 2021 00:16
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It was interesting to watch the Rittenhouse cross-exam and resulting issues play out, because in the UK the line of questioning at hand ('you haven't given an account of events before today, you are tailoring your story to meet the evidence against you') is a perfectly permissible one to make, but on the other hand raising an issue that had been expressly excluded by the Judge like that would have very likely been instant mistrial and probably a bar complaint.
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Nov 13, 2021 00:32
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Do most, or maybe all, mistrials caused by the prosecutor attach jeopardy, or another phrasing I've heard is with prejudice e.g. cannot be retried? If so, why is that the case? It seems like having another trial would correct the action or mistakes the prosecutor made. Also maybe a dumb question, but doesn't live streaming the trial, or in general making them public, make it difficult to retry the case if the jury hangs or there's a mistrial? asur fucked around with this message at 02:43 on Nov 13, 2021 |
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Nov 13, 2021 02:40
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Inspired by current events: if someone owns a dead, LGBTQ+ web forum with a weirdly dedicated userbase, and that owner themselves dies ... what happens to ownership? Would that be considered an "asset" to be willed or auctioned off? How could the weirdo userbase try to buy the site from the heirs? I know this is probably estate law 101, but I have no idea how this could have played out, had Jeffrey (of YOSPOS) not taken ownership. Edit: "not taken" null_pointer fucked around with this message at 03:18 on Nov 13, 2021 |
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Nov 13, 2021 03:03
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asur posted:Do most, or maybe all, mistrials caused by the prosecutor attach jeopardy, or another phrasing I've heard is with prejudice e.g. cannot be retried? If so, why is that the case? It seems like having another trial would correct the action or mistakes the prosecutor made. I'm not a lawyer but here's mu guess: I'm a prosecutor, I'm trying a case, and I don't think this specific jury is liking my presentation. My witness had a bad day. Boy would I love a do-over, I could coach the witness more, I could try and get a better jury. Hell, how about five do-overs? Cool all I gotta do is do some misconduct and get the judge to declare a mistrial. We can get as many shots at this defendant as we need! Also his money is gonna run out real soon and he'll be stuck with a public defender, and sitting in jail too most likely. I am very smart.
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Nov 13, 2021 03:10
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“The forum” isn’t a thing, it’s a collection of things. The trademark and copyrights and intellectual property associated with the website, the contracts with hosting companies and other vendors, the data stored on the servers, etc etc. if someone was smart, all of the assets which can be owned were put into an artificial entity like an LLC or corporation, and that artificial entity would also have been the party to the various contracts and relationships, just with the artificial entity acting through its agent(s) (the person/people). That way all you’d really have to worry about is ownership of the artificial entity, which is a straightforward asset that can go through the trust or probate process in whatever state. If there’s no will, it would go through intestate succession according to state statue, to their heirs. There’s a hierarchy, first spouse, then kids, the n parents, etc. If there is no artificial entity, it’s basically the same except a way bigger pain in the rear end because the heir has more paperwork to do for each of the assets and/or relationships. You’d also have to worry about whether anyone would argue the contract is non-assignable. Unlikely in a commercial context, but possible. You’d also have to worry about debts of the decedent. As you’d guess, this is mostly estate law 101 stuff. But it can get complicated.
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Nov 13, 2021 03:15
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Leperflesh posted:I'm not a lawyer but here's mu guess: "I'm not a lawyer but here's my guess" lmao
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Nov 13, 2021 03:16
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