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blarzgh posted:4) Substantial Performance is a defense to a breach of contract. If you agree to sell 10 cords of red oak wood to someone and you deliver white oak wood, and they sue, you could argue to the Court, "There's no real difference between the two." and if the Court agrees, the Court will find that you performed. As a woodworker:  !
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Bad Munki posted:Demon probate court sounds like a terrible addition to any game setting imo Look ok my warlock has only passed the bar in hell and nowhere has reciprocity so I can't waive in and every contract the party breaches has a choice of law provision for there anyway and also furthermore... ...something something pro hac vice with a gelatinous cube Nonexistence fucked around with this message at 18:02 on Feb 2, 2023 |
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Feb 2, 2023 17:58
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Hieronymous Alloy posted:Here's a good video explainer about talking to the cops: I was amazed to just learn that Alec Baldwin talked extensively to the cops after the shooting, without his lawyer present! This guy obviously has 24/7 access to high paid attorneys and didn't do it. https://www.nytimes.com/2023/01/25/opinion/alec-baldwin-rust-5th-amendment.html
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Feb 2, 2023 20:20
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Thesaurus posted:I was amazed to just learn that Alec Baldwin talked extensively to the cops after the shooting, without his lawyer present! This guy obviously has 24/7 access to high paid attorneys and didn't do it. Maybe he was upset and felt horrible that through an accident an action of his caused another human being to die, even if he didn't not intend that action, and didn't react rationally. It's almost like the cops just shouldn't get to talk to people when they are distraught and vulnerable, especially given their "waves at everything".
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Feb 2, 2023 20:35
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Hieronymous Alloy posted:Here's a good video explainer about talking to the cops: I love them
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Feb 2, 2023 20:56
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pseudanonymous posted:Maybe he was upset and felt horrible that through an accident an action of his caused another human being to die, even if he didn't not intend that action, and didn't react rationally. Which is exactly what police unions work very hard to enforce regarding the questioning of officers who shoot citizens. joat mon fucked around with this message at 21:18 on Feb 2, 2023 |
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Feb 2, 2023 21:15
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Thesaurus posted:I was amazed to just learn that Alec Baldwin talked extensively to the cops after the shooting, without his lawyer present! This guy obviously has 24/7 access to high paid attorneys and didn't do it. https://www.serioustrouble.show/p/10-ways-to-incriminate-yourself-if#details
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Feb 3, 2023 00:07
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Hieronymous Alloy posted:Past that, ask to talk to a public defender. You may not qualify but maybe you will. Do you get a consultation with the PD before they determine eligibility? I'm just wondering if you are sitting in a jail cell and they say you don't qualify for a PD, what's the next step? Yellow pages? Yes, I'm that old. If they do let you speak to the PD, even though you don't qualify, I would assume they would be able to refer you to a good attorney.
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Feb 3, 2023 02:52
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SkunkDuster posted:Do you get a consultation with the PD before they determine eligibility? I'm just wondering if you are sitting in a jail cell and they say you don't qualify for a PD, what's the next step? Yellow pages? Yes, I'm that old. If the police really want to talk to you and you want an attorney and you don't have one, you'll get a PD. (This never happens) If you're in a cell (i.e., you can't bond out), you'll get a PD. If you can afford an attorney better than a PD, you have enough money that you will have already had the attorney, and you won't be in jail.
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Feb 3, 2023 03:16
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SkunkDuster posted:Do you get a consultation with the PD before they determine eligibility? I'm just wondering if you are sitting in a jail cell and they say you don't qualify for a PD, what's the next step? Yellow pages? Yes, I'm that old. Varies by where you are. Where I am, the judge in bond court does a screening to check if you're broke enough, right before they hold the hearing to set your initial bond. Sometimes there's a pd right there in bond court, otherwise there isn't, depends on time of day and funding contracts. When that pd is me I try to speak to everyone who is about to get screened to prep them a bit, but i don't always have time -- it depends on how many people are on the docket and when they were added and what time I was able to get to the jail that morning and whether or not iI have to prioritize people with more serious charges and so forth. Generally speaking, if you can't get a pd you can probably bond out or have family who can arrange an attorney for you. If you have no family and / or are too broke to make bail, then you probably qualify for a pd and if the judge approves you one of us will come see you as soon as we can, ideally within a few days. As a practical matter about 95% of criminal defendants are represented by public defenders. Hieronymous Alloy fucked around with this message at 03:41 on Feb 3, 2023 |
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Feb 3, 2023 03:28
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joat mon posted:If you can afford an attorney better than a PD, you have enough money that you will have already had the attorney, and you won't be in jail. I think the point is that many people (like myself as well) don't just have an attorney as a thing they have in life, like a car, or a mortgage, or a costco membership. I can and would engage with a private attorney if I ever ended up in a situation where I needed one and couldn't just be released on bail/recognizance, but I have no clue who I would talk to at the time, or even when in the process that even happens. As an aside, I know there was an awful court case forever ago where the police kept trying to question someone, who had said they wanted a lawyer, until many hours later he finally gave up from the prodding and said something. The court ruled that because he was not continuously affirming his request to speak to a lawyer, it was totally fine that the cops got him to say something after like 12 hours of loving with him. If I ask for a lawyer, are the police allowed to keep asking questions? Or are they supposed to just stop immediately? Volmarias fucked around with this message at 03:54 on Feb 3, 2023 |
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Feb 3, 2023 03:49
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If you unambiguously ask for a lawyer they have to stop. If you ask for a lawyer dog, they can keep going.
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Feb 3, 2023 03:59
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Volmarias posted:I think the point is that many people (like myself as well) don't just have an attorney as a thing they have in life, like a car, or a mortgage, or a costco membership. I can and would engage with a private attorney if I ever ended up in a situation where I needed one and couldn't just be released on bail/recognizance, but I have no clue who I would talk to at the time, or even when in the process that even happens. This is exactly what I meant. I don't think I would qualify for a PD, but I'm not wealthy enough to have a criminal defense attorney on speed dial in case I ever end up in a situation where I need one.
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Feb 3, 2023 04:26
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(Wealthy people with attorneys have the type of attorneys that write up trusts and wills, not defense attorneys. That said, if you have a relationship with an estate attorney, they can point you to a defense attorney, but they will do it during normal 9-5 office hours.)
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Feb 3, 2023 07:33
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Phil Moscowitz posted:If you unambiguously ask for a lawyer they have to stop. What’s lawyer dog? (Not much, what’s lawyer dog with you?)
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Feb 3, 2023 07:53
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Same podcast also just did an episode on how to be a good client (don’t talk to the cops.) https://www.serioustrouble.show/p/how-to-be-a-good-client#details It has a section on how to find a lawyer too. IIRC mainly just “talk to professional people you know and ask them if they know any lawyers at all and then get those lawyers to recommend criminal defense lawyers.”
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Feb 3, 2023 14:03
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smackfu posted:Same podcast also just did an episode on how to be a good client (don’t talk to the cops.) But how do you talk to these people when you're already arrested and in a holding cell?
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Feb 3, 2023 15:30
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The lawyer who handles your initial arrest and bail doesn't have to handle your whole defense. Find some lawyer to get you out, and then find the right lawyer to keep you out. That doesn't help that bootstrapping problem where you need a number to call.
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Feb 3, 2023 15:33
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For someone currently living in the US, who was married in New York State to a Canadian, and whose spouse is currently living in Canada, how would they serve them with divorce papers by certified mail? As far as I can tell, the first step in this divorce process is serving papers by certified mail, but I’m not sure how to do that from the US and Canada. If that’s not possible, then what’s the cheapest/easiest path forward?
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Feb 3, 2023 15:42
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Ancillary Character posted:But how do you talk to these people when you're already arrested and in a holding cell? Keep at least one person's phone number memorized as an emergency contact. Wife, mother, adult child, whoever, someone responsible who can handle poo poo and who cleans out their voicemail messages regularly. When you have an emergency, call them and ask them to find a lawyer for you.
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Feb 3, 2023 15:47
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Is the whole "local calls only no VOIP or cell phones" thing real? Because I don't know anyone who has a "local" phone number anymore, let alone a land line. The days of cell phones have all but obliterated that notion. I tried to google it but all I get are quora or reddit results consisting of cops answering with, "not my problem it's not supposed to be nice so even though you haven't been convicted of anything you can just eat poo poo and rot in a cell if you don't know of a local land line you can call" Which is so very american. edit: comedy option: phone phreaking a la the classic cinematic masterpiece Hackers DaveSauce fucked around with this message at 16:13 on Feb 3, 2023 |
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Feb 3, 2023 16:08
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New business idea, charge a low monthly fee, give people a memorable local number they can call when they get arrested, then call/text their list of contacts and/or lawyer for bail.
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Feb 3, 2023 17:44
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Trapick posted:New business idea, charge a low monthly fee, give people a memorable local number they can call when they get arrested, then call/text their list of contacts and/or lawyer for bail. 877-CASH-NOW
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Feb 3, 2023 17:48
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588-2300 Empire.
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Feb 3, 2023 17:50
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I don't know why I never made this connection, but now it makes total sense that you frequently see billboards for bail bonds companies near police stations with the phone number in big font.
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Feb 3, 2023 18:00
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kreeningsons posted:For someone currently living in the US, who was married in New York State to a Canadian, and whose spouse is currently living in Canada, how would they serve them with divorce papers by certified mail? As far as I can tell, the first step in this divorce process is serving papers by certified mail, but I’m not sure how to do that from the US and Canada. If that’s not possible, then what’s the cheapest/easiest path forward? Get a divorce lawyer that's handled a cross-border divorce before and do what they tell you.
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Feb 3, 2023 19:42
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Phil Moscowitz posted:If you unambiguously ask for a lawyer they have to
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Feb 3, 2023 19:59
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DaveSauce posted:I don't know why I never made this connection, but now it makes total sense that you frequently see billboards for bail bonds companies near police stations with the phone number in big font. Also why attorney billboards do the same thing. "Dial all nines!"
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Feb 3, 2023 21:35
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Do holding cells have windows? Bet any billboards you can see from there are primo real estate for defence attorneys.
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Feb 3, 2023 21:54
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I feel like windows would kind of defeat the purpose of the soundproofing and floor drains.
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Feb 4, 2023 01:45
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Did the lawyer dog thing actually work or was it just a lovely argument they put forward that was laughed out of court?
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Feb 4, 2023 03:12
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Organza Quiz posted:Did the lawyer dog thing actually work or was it just a lovely argument they put forward that was laughed out of court? Louisiana Supreme Court said a defendant asking for a "lawyer, dawg" didn't count. 8-1 ruling. Defendant was black, of course. https://abovethelaw.com/2017/10/suspect-asks-for-a-lawyer-dog-willfully-ignorant-court-denies-comma-counsel/ This is what he said, which they found was an ambiguous request for a lawyer, and thus not enough for the cops to stop interrogating him. They specifically said that a lawyer dog was not a real lawyer. quote:If y’all, this is how I feel, if y’all think I did it, I know that I didn’t do it so why don’t you just give me a lawyer dog cause this is not what’s up. BigHead fucked around with this message at 06:16 on Feb 4, 2023 |
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Feb 4, 2023 03:26
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Point of information—the court’s only black Justice (and chief Justice at the time), Bernette Johnson, voted to deny that writ. The opinion that says “lawyer dog” was not an opinion of the court and has no precedential value. It was one justice’s concurrence in the denial. I’m not saying they were right here, but the various articles discussing their thought process and rationale are nonsense because there’s nothing in the denial of a writ application to read into. Only speaks to Chrichton’s thoughts. Phil Moscowitz fucked around with this message at 14:56 on Feb 5, 2023 |
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Feb 5, 2023 14:52
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Phil Moscowitz posted:Point of information—the court’s only black Justice (and chief Justice at the time), Bernette Johnson, voted to deny that writ. Fair enough. How's the State Supreme Court Justice business doing these days, your honor?
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Feb 5, 2023 16:07
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Referring to a cop as a noble and loyal 'dog' is of course nonsense. If he said 'I want a lawyer pig' it would have instantly made sense.
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Feb 5, 2023 17:06
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Hieronymous Alloy posted:Also why attorney billboards do the same thing. "Dial all nines!" Unrelated: a cab company in the area had (still has) a phone number of 444-4444, and ran a radio campaign that said “just keep pressing 4” some decades ago. I met someone who worked there around that time, and there was apparently a post-bar-closing rush of phone calls that just went “BEEEEEP BEEP BEEP BEEEEEEEEEEP” until the operator could yell loud enough for the incredibly drunk caller to notice that they were connected. Somewhat legal related: The unsupported rumor was always that they stopped their ad campaign because they were sued by some religious group for whatever liability the church thought they assumed for “promoting alcoholism,” but I suspect it’s actually because they didn’t feel like wasting 30 extra seconds on every phone call waiting for someone to start talking. Also because nobody calls a cab from a pay phone in the modern era. Sonic Dude fucked around with this message at 05:35 on Feb 6, 2023 |
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Feb 6, 2023 05:32
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Sonic Dude posted:Unrelated: a cab company in the area had (still has) a phone number of 444-4444, and ran a radio campaign that said “just keep pressing 4” some decades ago. I met someone who worked there around that time, and there was apparently a post-bar-closing rush of phone calls that just went “BEEEEEP BEEP BEEP BEEEEEEEEEEP” until the operator could yell loud enough for the incredibly drunk caller to notice that they were connected. There is a dive bar in Portland that is right next to Radio Cab, and sometimes in the days before Uber if you called for a cab your driver could wind up being someone you just saw drinking.
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Feb 6, 2023 05:45
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Leperflesh posted:As a woodworker: If you're buying a cord of wood, what are you using it for?!
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Feb 6, 2023 15:23
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BigHead posted:Louisiana Supreme Court said a defendant asking for a "lawyer, dawg" didn't count. 8-1 ruling. Defendant was black, of course. If I recall, this particular case got twisted up by the internet; the guy had raped two girls, one under the age of 13, and the concurrence by the one judge is the one that says "a lawyer dog" that everyone jumped on, but the rest of the transcript reads something to the effect of that after that sentence, "If thats how ya'll feel..." the cops then asked him to clairfy if he was asking for a lawyer and he said, "no." Then he basically admitted to raping the two girls.
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Feb 6, 2023 15:38
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Stop it blarzgh. Some people posted on Above the Law or whatever about a concurring opinion on a writ denial, without knowing anything about the case, the record, or the standard of review. There’s nothing else to talk about.
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Feb 6, 2023 16:19
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